HomeMy WebLinkAbout2583 Amends Procedures ChapterORDINANCE NO. 2583
AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTER 18.108
OF THE LAND USE TITLE OF THE ASHLAND MUNICIPAL CODE
PERTAINING TO PROCEDURES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.108 of the Ashland Municipal Code shall be amended in it
entirety, and shall read as follows:
Chapter 18.108
PROCEDURES
Sections:
18.108.010
18.108.020
18.108.030
18.108.040
18.108.050
18.108.060
18.108.065
18.108.070
18.108.080
18.108.090
18.108.100
18.108.110
18.108.120
18.108.130
18.108.140
18.108.150
18.108.160
Purpose
Types of Procedures
Staff Permits
Type I Procedure
Type II Procedure
Type III Procedure
Annexations
Appeals
Public Notice
Administrative Hearings
Public Hearings
Resubmittal of Applications'
Effective and Final Date of Land Use Decision
Applications and Deadlines
Fees
Council or Commission May Initiate Actions
Ordinance Interpretations
18.108.010
18.108.020
18.108.030
A)
13)
PURPOSE: The purpose of this chapter shall be to establish
standard procedures for the initiation and decision making process
of planning actions.
TYPES OF PROCEDURES: All planning actions shall be
subject to processing by one of the four following procedures:
-- Staff Permit Procedure
-- Type I Procedure
-- Type II Procedure
-- Type III Procedure
STAFF PERMIT PROCEDURE
The following actions shall follow the Staff Permit Procedure:
1)
2)
3)
4)
5)
Boundary Line Adjustments
Site Review for 2 or 3 residential units on a single lot.
Physical and Environmental Constraints Review Permits as
allowed in 18.62
Variances to Section 18.70.060
Site Reviews for Commercial, Employment, or
Manufacturing uses that are expansions of an existing use,
and do not exceed 2500 square feet of new building area, or
modification of 10% of the area of the site.
6) Extension of time limits for approved planning actions.
7) Other actions specifically permitted in this Title.
Staff Permit Procedure
1)
Within 10 working days after receipt of a complete
application, an administrative hearing shall be held reviewing
the requested planning action.
2)
Public Notice shall be mailed within seven working days of
the administrative hearing, following the notice procedures of
18.108.080.
2
18.108.040
A)
3)
If no request for a public hearing is received by the Planning
Department within 10 days of the mailing of the notice, the
decision of the Staff Advisor shall become final.
4)
If a request for a public hearing is received within 10 days of
the mailing of the notice, a public hearing shall be scheduled
for the next regular Planning Commission or Hearings Board
meeting allowing an adequate notice period, subject to all
the requirements of the Type II procedure, except that the
notice procedure shall be the same as for a Staff Permit.
TYPE I PROCEDURE
The following actions shall follow the Type I Procedure:
1) Final Plan Approval for Performance Standards Subdivisions
2)
Site Reviews for multi-family developments of 4 residential
units or more on a lot, and for all commercial and
employment developments other than those subject to a Staff
Permit Procedure;
3)
Minor Land Partitions and Flag Partitions which require no
variances or only variances subject to Type I procedures;
4)
Minor amendments to conditions of approval established by
the Planning Commission;
5) Creation of a private way, as allowed in 18.80.030 B.
6)
Conditional Use Permits involving existing structures or
additions to existing structures, and not involving the
construction of a new commercial building or more than 3
residential dwelling units, or temporary uses.
7)
Variances for:
a)
b)
c)
d)
e)
g)
Sign Placement;
Non-conforming signs, when bringing them into
conformance as outlined in 18.96.130 D.
Up to 50% variance of standard yard requirements
Parking in setback areas;
Up to 10% reduction in the number of required
parking spaces;
Up to 10% reduction in the required minimum lot
area;
Up to 10% increase in the maximum lot coverage
percentage;
B)
h)
i)
Up to 20% variance in lot width or lot depth
requirements;
Up to 50% variance for parking requirements in
Ashland's Historic District as outlined in 18.92.055.
8) Other actions specifically permitted in this Title.
Type I Procedure
1)
Complete applications must be submitted at least 30 days
prior to the next regularly scheduled Planning Commission
meeting.
2)
Within 10 working days after the receipt of a complete
application, an administrative hearing will be held.
a)
The Staff Advisor or his or her designate shall act as
Hearings Officer, and make the decision based upon
the applicable criteria found in the Land Use
Ordinance.
b)
A decision shall be rendered at the administrative
hearing, with conditions of approval attached if
appropriate. The Hearings Officer shall make written
findings for each decision.
3)
Public Notice shall be sent out, following the procedures of
18.108.080, informing affected property owners of the
Hearings Officer decision. Affected property owners shall
have 10 days from the date of mailing in which to appeal the
decision of the Hearings Officer to the Planning Commission.
Requests for a public hearing shall specifically include the
name and address of the person requesting the public
hearing; the number of the planning action for which the
public hearing is being requested, and the reasons for which
the public hearing is requested.
4)
If a request for a public hearing is received within 10 days of
the mailing of the notice, a public hearing shall be scheduled
for the next available Planning Commission or Hearings
Board meeting, subject to all the requirements of the Type II
procedure, except that notice shall be sent as required for a
Type I action.
s)
If no request for a public hearing is received by the Planning
Department within 10 days of the mailing of the notice, the
6)
8)
action shall be reviewed by the Planning Commission or
Hearings Board at their regularly scheduled meeting. The
Commission may:
a)
Amend the decision of the Hearings Officer;
in such case, the action shall be re-noticed as a
Type I decision, with a 7-day appeal period,
except that the Planning Commission shall not
review the decision again should there be no
appeal filed.
b)
Call up the action for a Type II Procedure,
through a majority vote of those in attendance,
to be heard at the following month's regularly
scheduled Planning Commission meeting.
c)
If the Planning Commission does not take any
action on the Type I planning actions at the
meeting when they appear on the agenda, they
are final when the meeting is adjourned.
Applicants may request that Type I actions be processed as a
Type II action. Such requests shall not increase the Type I
application fee.
The Staff Advisor may process Type I planning actions under
the Type II procedure at his/her discretion. Such change in
processing shall not increase the Type I application fee.
18.108.050
TYPE II PROCEDURE
The following actions shall follow the Type II Procedure:
1)
2)
3)
4)
5)
All Conditional Use Permits not subject to a Type I
procedure
All variances not subject to the Type I procedure.
Outline Plan for subdivisions under the Performance
Standard Options (AMC 18.88).
Preliminary Plat for subdivisions under the standard
subdivision code (AMC 18.80).
Major Land Partitions.
5
18.108.060
B)
^)
6)
Final Plan approval for all subdivision requests under the
Performance Standard Options not requiring Outline Plan
approval.
7)
Any Type I planning action for which a public hearing has
been requested.
8) Any appeal of a Staff decision or interpretation.
9) Other actions-specifically permitted in this Title.
Type II Procedure
1)
Complete applications must be submitted at least 30 days
prior to the next regularly scheduled Planning Commission
meeting.
2)
Public Notice shall be sent out, following the procedures of
18.108.080.
3)
Public Hearing shall be held before the Planning
Commission in accord with the requirements of 18.108.100.
At such public hearing, after receipt of public testimony, the
Commission may approve, approve with conditions or deny
the request. The Commission may also continue the public
hearing to the next meeting to allow for the submittal of
additional information for consideration in the decision. At
the public hearing, the date, time, and location for the
continuance of the public hearing shall be stated. After such
statement, no additional public notice shall be required.
4)
The decision of the Planning Commission may be appealed
to the City Council as outlined in 18.108.070.
TYPE III PROCEDURE
The following actions shall follow the Type III Procedure:
1) Zone Changes or Amendments to the Zoning Map.
2) Zoning Ordinance text amendments, additions or deletions.
3) Comprehensive Plan Map Changes or Amendments.
4) Comprehensive Plan text amendments, additions or deletions.
5) Annexations.
B)
c)
6) Urban Growth Boundary Amendments.
Type III Planning Actions - Generally
l)
2)
3)
Actions 1,2,3, and 4 in 18.108.060 A)
one of the following conditions exist:
a)
b)
c)
d)
may be approved when
A public need, supported by the Comprehensive Plan.
The need to correct mistakes.
The need to adjust to new conditions.
Where compelling circumstances relating to the
general public welfare require such an action.
Annexations shall be subject to the criteria of 18.108.065.
Urban Growth Boundary Amendments shall be filed
according the requirements outlined in the Urban Growth
Boundary Agreement between the City of Ashland and
Jackson County, and subject to all of the criteria therein.
Type III Procedure
1) Initiation of a Type IIl action may be made by:
a) Resolution by the Planning Commission.
b) Resolution by the City Council.
c) Application by one or more property owners, or their
authorized agents.
2) Complete applications must be submitted at least 45 days
prior to the next regularly scheduled Planning Commission
meeting.
3) Public notice shall be sent out, following the procedures of
18.108.080.
4) The action may be reviewed by the Citizens Planning
Advisory Committee (CPAC), at the President of CPAC's
7
5)
6)
7)
8)
9)
discretion. Notice of such review shall be included in the
public notice.
Public Hearing shall be held before the Planning
Commission in accord with the requirements of 18.108.100.
Following the Public Hearing before the Commission, the
Commission shall make a report of its findings and
recommendations on the proposed action. Such report shall
be forwarded to the City Council within 45 days of the public
hearing.
Upon receipt of the Planning Commission report, or within
60 days of the Commission hearing, the City Council shall
hold a Public Hearing on the action in accord with the
requirements of 18.108.100. Public notice of such hearing
shall be sent in accord with the requirements of 18.108.080.
After the receipt of public testimony at the Public Hearing,
the Council may approve, approve with conditions, or deny
the application. The Council may also continue the public
hearing to allow for the submittal of additional information.
At the public hearing, the date, time, and location for the
continuance of the public hearing shall be stated. After such
statement, no further public notice shall be required.
Approval of Type III actions shall be by ordinance only.
Denial of Type III actions shall be by adoption of findings of
denial.
18.108.065
^)
ANNEXATIONS
All annexations shall be processed under the Type III procedure.
Application for annexation shall include the following information:
1)
Consent to annexation which is non-revokable for a period of
one year from its date.
2)
Agreement to pay system development annexation charges as
required by AMC 4.16.010.
3)
Agreement to deposit an amount sufficient to retire any
outstanding indebtedness of Public Service Districts defined'
in ORS 222.510.
4)
Boundary description and map prepared in accordance with
ORS 308.225. Such description and map be prepared by a
registered land surveyor. The boundaries shall be surveyed
and monumented as required by ORS subsequent to Council
approval of the proposed annexation.
5) Written findings addressing the criteria in 18.108.065 C).
¢)
The following findings shall be required for approval of an
annexation to the City of Ashland:
1) That the land is within the City's Urban Growth Boundary.
2)
That the proposed zoning and project are in conformance
with the City's Comprehensive Plan.
3) That the land is contiguous with the City Limits.
4)
That public services, including but not limited to adequate
sewer, water, and electric utility capacity, access to fully
improved public streets, and storm drainage; are available or
can reasonably be made available to the site within 3 years
time, and that the applicant or the City have the financial
resources to extend City services within that time frame.
5)
That a public need for additional land, as defined in the
City's Comprehensive Plan, can be demonstrated.
D)
When an annexation is initiated by a private individual, the Staff
Advisor may include other parcels of property in the proposed
annexation to make a boundary extension more logical and to avoid
parcels of land which are not incorporated but are partially or
wholly surrounded by the City of Ashland. The Staff Advisor, in
his/her report to the Commission and Council, shall justify the
inclusion of any parcels other than the parcel for which the petition
is filed. The purpose of this section is to permit the Planning
Commission and Council to make annexations extending the City's
boundaries more logical and orderly.
E)
The applicant for the annexation shall also declare which procedure
under ORS 222 they propose that the Council use, and supply
evidence that the approval through this procedure is likely.
18.108.070
APPEALS
A) Actions subject to appeal:
9
13)
1) Staff decisions and interpretations.
The decision of the Planning Commission shall be the final
decision of the City on appeals of Staff decisions and
interpretations.
2) Type I Planning Actions.
The decision of the Planning Commission shall be the final
decision of the City on appeals of all planning actions subject
to the Type I Planning Procedure.
3) Type II Planning Actions.
The decision of the City Council shall be the final decision of
the City on appeals of all planning actions subject to the
Type II Planning Procedure.
4)
The City Council may call up any planning action for a
public hearing and decision upon motion and majority vote,
provided such vote takes place in the required time period,
as outlined below.
Appeal Procedures
1)
Appeals of Staff decisions and interpretations shall be
processed as Type II Planning Actions before the Planning
Commission. The standard Appeal Fee shall be required as
part of the application.
a)
The appeal shall be filed within 15 days after such
Staff decision or interpretation is made. The appeal
application shall be made in writing, including
appellant's name, address and the basis for making the
appeal.
b)
The appeal hearing shall be scheduled for the next
regularly scheduled Planning Commission meeting
allowing adequate time to meet the Public Notice
requirements of 18.108.080.
2)
Appeals of Type II Planning Commission decisions shall be
heard and decided by the City Council, following the Type II
procedure. The standard Appeal Fee shall be required as
part of the application.
10
c)
a)
The appeal shall be filed within 15 days after the final
date of approval/denial of the land use decision, as
defined in 18.108.120.
b)
The appeal shall be in writing and filed with the City
Administrator's Office. Such appeal shall include the
appellant's name, address, and specifically stating the
grounds for which the Planning Commission's decision
should be overturned, based on the applicable criteria
or procedural irregularity.
c)
The appeal hearing shall be scheduled for a City
Council meeting allowing adequate time to meet the
Public Notice requirements of 18.108.080.
d)
The Council shall receive a complete record of the
Planning Commission meeting, including all
information presented by the applicant, proponents,
and opponents, prior to the public hearing. Such
record shall also include the adopted findings and
minutes of the Planning Commission.
e)
The public hearing before the Council shall be
conducted as a de novo hearing, and conducted in
accord with the requirements of 18.108.100. At such
public hearing, after receipt of public testimony, the
Council may approve the original planning action,
approve with conditions, or deny the planning action.
The Council may also continue the public hearing to
the next meeting in order to allow for the submittal of
additional information. The date, time, and location
of the continuance of the hearing shall be stated at
the hearing. After such statement, no further public
notice shall be required.
Appeals may only be filed by parties to the planning action.
"Parties" shall be defined as the following:
1) The applicant.
2)
Persons who participated in the public hearing, either orally
or in writing. Failure to participate in the public hearing,
either orally or in writing, precludes the right of appeal.
3) The City Council, by majority vote.
11
18.108.080
D)
Public
A)
13)
4)
Persons who were entitled to receive notice of the action but
did not receive notice due to error.
Frivolous Appeals - The City Council may dismiss an appeal if it
finds that the appeal is not based upon the applicable criteria or
procedural irregularity.
PUBLIC NOTICE
notice regarding all planning actions shall be given as follows:
All mailed public notices shall contain the following information:
1)
Explanation of the nature of the application and the
proposed use or uses which could be authorized.
2)
List of the applicable criteria from the ordinance and the
plan that apply to the application at issue.
3)
The street address or other easily understood geographical
reference to the subject property.
4)
The name of a local government representative to contact
and the telephone number where additional information may
be obtained.
s)
Statement that a copy of the application, all documents and
evidence relied upon by the applicant and applicable criteria
are available for inspection at no cost and will be provided at
reasonable cost.
Staff Permit Public Notice
1)
The notice shall contain the information of 18.108.080 A)
above.
2) The notice shall also contain the following information:
a)
That the action has been approved by the Ashland
Planning Department, and the date of approval.
b)
That no public hearing will be held unless specifically
requested.
c)
That a request for a public hearing must be made by
the date indicated on the notice in order for a public
hearing to be scheduled.
12
c)
d)
That such request for a public hearing shall include
the name and address of the person requesting the
public hearing, and the reasons for requesting the
public hearing.
3) Notice shall be mailed to the following persons:
a) the applicant, or authorized agent.
b) the subject property owner.
c)
all owners of record of property on the most recent
property tax assessment roll within the notice area
defined as that area within 100 feet of the subject
property.
Type I Public Notice
1)
The notice shall contain the information of 18.108.080 A)
above.
2) The notice shall contain the following information:
a)
That the action has been approved by the Ashland
Planning Department, and the date of approval.
b)
That no public hearing will be held unless specifically
requested.
c)
That a request for a public hearing must be made by
the date and time indicated on the notice in order for
a public hearing to be scheduled.
d)
That such request for a public hearing shall include
the name and address of the person requesting the
public hearing, and the reasons for requesting the
public hearing.
e)
That unless a public hearing is requested, the action
will be reviewed by the Planning Commission, and the
date and time of the meeting.
3) Notice shall be mailed to the following persons:
a) the applicant, or authorized agent.
13
4)
S)
b) the subject property owner.
c)
all owners of record of property on' the most recent
property tax assessment roll within the notice area
defined as that area within 100 feet of the subject
property.
Notice shall be mailed at least 20 days prior to the Planning
Commission meeting where the Type I actions will be
reviewed.
Notice shall be posted on the subject property by the
applicant at least 10 days prior to the date of the Planning
Commission meeting. Failure by the applicant to post a
notice, or post in clear view from a public right-of-way shall
be considered an incomplete application. The applicant shall
certify, for the record of the hearing, that the posting was
accomplished. The failure of the posted notice to remain on
the property shall not invalidate the proceedings. The posted
notice shall only contain the following information: planning
action number, brief description of the proposal, phone
number and address for contact at Ashland Planning
Department.
D)
Type II Public Notice
1)
The notice shall contain the information of 18.108.080 A)
above.
2) The notice shall contain the following information:
a) The date, time and location of the public hearing.
b)
Statement that failure of an issue to be raised in a
public hearing, in person or by letter, or failure to
provide sufficient specificity to afford the decision
maker an opportunity to respond to the issue
precludes appeal to the Land Use Board of Appeals
(LUBA) based on that issue.
c)
Statement that failure to participate in the public
hearing, either orally or in writing, precludes the right
of appeal to the City Council.
14
3)
d)
e)
Notice
a)
b)
c)
Statement that a copy of the staff report will be
available for inspection at no cost at least seven days
prior to the public hearing and will be provided at a
reasonable cost.
General explanation of the requirements for
submission of testimony and the procedure for
conduct of public hearings.
shall be mailed to the following persons:
the applicant, or authorized agent.
the subject property owner.
all owners of record of property on the most recent
property tax assessment roll within the notice area
defined as that area within 200 feet of the subject
property.
E)
4)
Notice shall be mailed at least 20 days prior to the Planning
Commission meeting when the Type II public hearing will be
held.
s)
Notice shall be given by publication in a newspaper of
general circulation in the City at least 10 days prior to the
date of the public hearing.
6)
Notice shall be posted on the subject property by the
applicant at least 10 days prior to the date of the public
hearing. Failure by the applicant to post a notice, or post in
clear view from a public right-of-way shall be considered an
incomplete application. The applicant shall certify, for the
record of the hearing, that the posting was accomplished.
The failure of the posted notice to remain on the property
shall not invalidate the proceedings. The posted notice shall
only contain the following information: planning action
number, brief description of the proposal, phone number and
address for contact at Ashland Planning Department.
Type III Public Notice
1)
The notice shall contain the information of 18.108.080 A)
above.
2) The notice shall contain the following information:
15
3)
a) The date, time and location of the public hearing.
b)
Statement that failure of an issue to raised in a public
hearing, in person or by letter, or failure to provide
sufficient specificity to afford the decision maker an
opportunity to respond to the issue precludes appeal
to the Land Use Board of Appeals (LUBA) based on
that issue.
c)
Statement that a copy of the staff report will be
available for inspection at no cost at least seven days
prior to the public hearing and will be provided at a
reasonable cost.
d)
General explanation of the requirements for
submission of testimony nd the procedure for conduct
of hearings.
Notice shall be mailed to the following persons:
a) the applicant, or authorized agent.
b) the subject property owner.
c)
all owners of record of property on the most recent
property tax assessment roll within the notice area
defined as that area within 200 feet of the subject
property.
4)
5)
6)
Notice shall be mailed at least 20 days prior to the Planning
Commission meeting when the Type III public hearing will
be held.
Notice shall be given by publication in a newspaper of
general circulation in the City at least 10 days prior to the
date of the public hearing before the Planning Commission.
Notice shall be posted on the subject property by the
applicant at least 10 days prior to the date of the public
hearing before the Commission. Failure by the applicant to
post a notice, or post in clear view from a public right-of-way
shall be considered an incomplete application. The applicant
shall certify, for the record of the hearing, that the posting
was accomplished. The failure of the posted notice to
remain on the property shall not invalidate the proceedings.
16
The posted notice shall only contain the following
information: planning action number, brief description of the
proposal, phone number and address for contact at Ashland
Planning Department.
F)
7)
A second notice shall be mailed at least 10 days prior to the
City Council meeting when the Type III hearing will be held.
8)
Notice shall be given by publication in a newspaper of
general circulation in the City at least 10 days prior to the
date of the public hearing before the City Council.
9)
Notice shall be posted on the subject property by the
applicant at least 10 days prior to the date of the public
hearing before the Council. Failure by the applicant to post
a notice, or post in clear view from a public right-of-way
shall be considered an incomplete application. The posted
notice shall only contain the following information: planning
action number, brief description of the proposal, phone
number and address for contact at Ashland Planning
Department.
The failure of a property owner to receive notice as provided in this
section shall not invalidate such proceedings if the City can
demonstrate by affidavit that such notice was mailed. The failure to
receive notice shall not invalidate the decision after the action is
final if a good faith attempt was made to notify all persons entitled
to receive notice.
18.108.090
A)
B)
¢)
ADMINISTRATIVE HEARINGS
Administrative Hearings shall be held for all Staff Permits and Type
I Planning Actions.
The Staff Advisor or her or his designate shall act as Hearings
Officer.
The Hearings Officer shall hold an administrative hearing with the
applicant, if desired, and shall make the decision on the requested
action based on the criteria found in the Land Use Ordinance and
Comprehensive Plan.
17
18.108.100
i))
E)
^)
B)
¢)
A decision shall be rendered by the Hearings Officer, either
approving, approving with conditions, or denying the application.
At the administrative hearing, the Hearings Officer may also
require that the application be processed as a Type II planning
action, following the Type II procedure.
The Hearings Officer shall make written findings for the decision
and provide minutes of the Administrative Hearing.
PUBLIC HEARINGS
Public Hearings shall be held before the Planning Commission or
Hearings Board on all Type II and Type III planning actions, and
on appeals of Staff decisions or interpretations.
Public Hearings shall be held' before the City Council on Type III
planning actions and on appeals of Planning Commission decisions.
At the commencement of the Public Hearing, a statement shall be
made to those in attendance that:
1) Lists the applicable substantive criteria.
2)
States that testimony and evidence must be directed toward
the criteria described above, or other criteria in the plan or
land use regulation which the person believes to apply to the
decision.
3)
States that failure to raise an issue with sufficient specificity
to afford the decision maker and the parties an opportunity
to respond to the issue precludes appeal to the Land Use
Board of Appeals (LUBA) based on that issue.
4)
States that failure to participate in the public hearing, either
orally or in writing, precludes their right of appeal to the
City Council.
5)
States the presentation and rebuttal time limits for the
applicant, proponents, and opponents.
6)
States that any party who has participated in the public
hearing, either orally or in writing, shall be entitled to a
continuance of the hearing if evidence or documents in
support of the application are submitted less than 20 days
prior to the initial evidentiary hearing or 10 days prior to any
subsequbnt hearings. Such request for a continuance must
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18.108.110
18.108.120
^)
^)
be requested prior to the closing of the public testimony
portion of the public hearing.
7)
States that if any party who has participated in the public
hearing so requests before the initial evidentiary hearing
concludes, the record shall be kept open for at least 7 days
unless there is a continuance.
8)
The Commission or Council members shall declare any
conflicts of interest or potential conflicts of interest and any
ex parte contacts including the substance of those contacts
and any conclusions the member reached because of those
contacts.
9)
Other general rules of conduct for the public hearing as
deemed necessary by the Commission or Council.
RESUBMITYAL OF APPLICATIONS
In case an application is denied by the Commission, or, denied on
appeal by the Council, unless that denial is specifically stated to be
without prejudice, it shall not be eligible for resubmittal for one
year from the date of said denial, unless evidence is submitted that
conditions, the application, or the project design have changed to an
extent that further consideration is warranted.
FINAL DATE OF LAND USE DECISIONS
A land use decision is determined to be final as follows:
1)
Staff Permit -- Decision becomes final 7 days after the date
of approval, should no request for public hearing be filed.
2)
Type I -- Decision becomes final when reviewed by the
Planning Commission, should no request for public hearing
be filed.
3)
Type II -- The decision is made when the adopted findings
are signed by the Chair of the Planning Commission. The
decision becomes final 15 days after the signing of the
adopted findings, should no request for an appeal hearing be
filed.
4)
Type III -- The decision is final when the adopted findings
are signed by the Mayor and Recorder.
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13)
A majority of those members present at the public hearing must
vote affirmatively in order to adopt findings.
¢)
No building or zoning permit shall be issued for any action under
this Title until the decision has become final, as defined in
18.108.120 A) above, or, in the case of Type III actions, until the
ordinances relating to the approval are adopted and become
effective. Any appeal of a planning action shall stay permit
issuance until the appeal is heard and the action final.
18.108.130 APPLICATIONS AND DEADLINES
^)
Five copies of a complete application shall be submitted to the
Planning Department by the application deadlines below.
1)
Complete applications shall include all of the required
information for the specific action requested, written findings
of fact, complete and signed application form, and the
appropriate application fee.
2)
Incomplete applications are subject to delay in accordance
with ORS 227.178. The City will inform the applicant of
deficiencies within 30 days of application. The applicant
then has 31 days in which to provide a complete application.
When the application is deemed complete, or at the end of
the 31 day period, the City will begin the appropriate
application procedure.
3)
Staff Permit applications shall be submitted 10 days prior to
an administrative hearing.
4)
Type I applications shall be submitted 30 days prior to a
regularly scheduled Planning Commission meeting.
5)
Type II applications shall be submitted 30 days prior to a
regularly scheduled Planning Commission meeting.
6)
Type III applications shall be submitted 45 days prior to a
regularly scheduled Planning Commission meeting.
13)
All applications for Type II and Type III planning actions shall have
completed a pre-application conference for the project within a 6-
month time period preceding the application date. This
requirement may be waived by the Staff Advisor if in his/her
opinion the information to be gathered in a pre-application
conference already exists in the final application.
2O
18.108.140
18.108.150
18.108.160
c)
A)
B)
A)
A)
A final decision shall be made by the City, including resolution of
all appeals within 120 days after the application is deemed
complete. The 120 day period may be extended at a reasonable
period of time at the request of the applicant and concurrence by
the Hearings Officer or hearing body.
FEES
Fees for applications under this Title, and for the related land use
actions of annexation and comprehensive plan amendments, shall be
set by resolution of the Council.
A decision by the Staff Advisor to process a Staff Permit as a Type
I permit, or to process a Type I permit as at Type II, will not affect
the fee charged. The fee will be based on the lowest type of
hearing a planning action can be processed as, according to this
Title.
COUNCIL OR COMMISSION MAY INITIATE PROCEDURES
The Planning Commission or City Council may initiate any Staff
Permit, Type I, Type II, or Type III planning action by resolution of
the respective body.
ORDINANCE INTERPRETATIONS
The Hearings Officer, Hearings Board, Planning Commission or
Council, as the case may be, will have the power to interpret the
intent of the land use ordinance whenever an ambiguity appears in
said ordinance.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2 (c) of the City Charter on the /.~7~- day of ~,')i~,~ , 1990, and
duly PASSED and ADOPTED this _/~* -z,:~ day of -- . 1990.
Nan Franklin
City Recorder
Catherine M. Golden
Mayor
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