Chapter 19.413
PROCEDURES
Sections:
19.413.010 Type I ministerial review.
19.413.020 Type II administrative review.
19.413.030 Type III procedure (quasi-judicial).
19.413.040 Type IV procedures (legislative).
19.413.050 Summary of development decisions/permit by type of decision-making procedure.
19.413.010 Type I ministerial review.
Type I decisions are made by the community development director, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion.
A. Notification. Notification is not required. The decision is final on the date it is mailed or otherwise provided to the applicant. The decision is effective the day after it is final.
B. Decision. A decision shall grant or deny the application. The decision will be made within 10 days of receipt of a complete application in the community development department. An applicant will be notified by phone or by mail within five days of the decision. The decision shall address approval criteria. Based on criteria, the decision shall approve, approve with conditions, or deny the requested permit or action. A written record of decision shall be provided to applicant and kept in the city file.
Type I decisions are effective the day after they become final and cannot be appealed. (Ord. 6-2009 § 2 (Att. 1))
19.413.020 Type II administrative review.
Type II decisions are made by the community development director with public notice and an opportunity for a public hearing. The community development director may determine that a public hearing is appropriate and needed because of the complexity or need for discretionary review. The appeal of a Type II decision is heard by the planning commission consistent with FMC 19.414.020.
A. Repealed by Ord. 1-2012.
B. Notice of Decision. Within 30 days of the receipt of a complete application, the director will mail a notice of tentative decision to adjacent property owners within 100 feet of the outer boundaries of the site. Based on the criteria and the facts contained within the record, the community development director shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall. This notice shall contain the following:
1. A description of the request.
2. Description of the tentative decision and the specific permits or approvals requested and the nature of the application and the proposed uses which could be authorized.
3. List of applicable criteria used to decide the application.
4. Findings and conclusions based on the applicable criteria.
5. The deadline for the 14-day comment period where persons may request a public hearing and provide for potentially affected persons to communicate concerns to the community development director.
6. State that failure to raise an issue prior to the end of the 14-day comment period accompanied by statements and evidence sufficient to afford the decision maker and the parties an opportunity to respond precludes an appeal on that issue, and only comments on the relevant approval criteria will be considered.
7. The deadline for the 14-day appeal period where persons may appeal the decision to the planning commission.
8. The name and telephone number of a contact person regarding the administrative decision.
9. Description of the property, including the street address or other easily understandable reference to the location of the site.
10. All conditions necessary to support approval of the application.
C. Public Notice Requirements. The tentative notice of decision shall be mailed to the owner, applicant, and all property adjacent property owners within 100 feet of the outer boundaries of the site, and all governmental agencies entitled to notice. A 14-day comment period shall be given from the date of the tentative notice of decision was mailed to state objections or submit written comments. If comments are not received, the tentative decision becomes final. Once the decision becomes final, a 14-day appeal period begins.
D. If comments are received and the tentative notice of decision is changed, the applicant, property owner, and all property owners within the notification area shall be renotified. If either the applicant or persons with concerns are not satisfied with the director’s decision, they may appeal the final decision during the 14-day appeal period and the matter will be subject to the provisions of FMC 19.414.020, Type II review. (Ord. 1-2012 § 2; Ord. 6-2009 § 2 (Att. 1))
19.413.030 Type III procedure (quasi-judicial).
Type III decisions are made by the planning commission after a public hearing. Appeals of Type III decisions are reviewed and decided by the city council.
A. Public Notification. Notice of the public hearing shall be mailed to the property owner and applicant, if different, and to all property owners within 250 feet of the outer boundaries of the site, not less than 20 days prior to the date of the hearing. Notice must also be provided in a public news paper at least 20 days prior to the hearing date. In addition, a sign indicating the date of the public hearing, shall be posted on the subject property not less than 10 days prior to the date of the hearing. Notice must also be provided at least 20 days prior to the scheduled hearing to any neighborhood or community organization recognized by the city whose boundaries include the subject property.
B. Content of Public Notices. The mailed and published notices shall be consistent with ORS 197.763 and include the following information:
1. The file number and city contact information.
2. A description of the location of the proposal that effectively and clearly describes the location of the geographic area.
3. An explanation of the nature of the application and the proposed use or uses which could be authorized.
4. A list of the applicable criteria from the ordinance that apply to the application at issue.
5. The time(s), place(s), and date(s) of the public hearing(s).
6. A statement that public oral or written testimony is invited.
7. A statement that the failure of an issue to be raised in a hearing, in person, or by letter or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal on the issue.
8. A statement that a copy of the staff report will be available for inspection at no cost and a copy will be provided as a reasonable cost at least seven days before the hearing.
C. Public Hearing. The planning commission conducts a public hearing and renders a decision on the matter including findings, conclusions, and conditions, if necessary, consistent with FMC 19.412.070.
D. Notice of Decision. Written notice of a Type III decision shall be mailed to the applicant and to all participants of record within five business days after the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision; provided, that a good faith attempt was made to mail the notice. The notice of decision shall include the following:
1. The file number and city contact information.
2. Description of the property, including the street address or other easily understandable reference to the location of the site.
3. All approval criteria and findings and conclusions in support of the decision adopted by the planning commission.
4. Decision made by the planning commission and conditions in support of the decision adopted by the planning commission.
5. Appeal process and deadline.
6. List of applicable criteria used to decide the application. (Ord. 6-2009 § 2 (Att. 1))
19.413.040 Type IV procedures (legislative).
A. Type IV matters are considered initially by the planning commission with final decisions made by the city council. Type IV procedures apply to legislative matters and involve the following:
1. Zoning map amendments.
2. Development code text amendments.
3. Comprehensive plan text amendments.
4. Comprehensive plan map amendments.
5. Planned developments.
6. Park master plans.
7. Master plan adoption.
8. Annexations.
B. Required Hearings. A minimum of two hearings, one before the planning commission, and one before the city council, are required for all Type IV applications, except annexations where only a hearing by the city council is required.
C. Public Notification Requirements. Notice of public hearings shall be given by the city in the following manner:
1. At least 30 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
a. Each owner whose property would be rezoned in order to implement the ordinance.
b. Any affected governmental agency.
c. Recognized neighborhood groups or associations affected by the ordinance.
d. Any person who requests notice in writing.
e. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
f. Any property owner affected by the zone changes where the change in regulations becomes more restrictive than the current regulations shall be notified.
2. At least 10 days before the scheduled planning commission public hearing date, and 10 days before the city council hearing date, notice shall be published in a newspaper of general circulation in the city.
3. Metro and the Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed Comprehensive Plan and development code amendments at least 35 days before the first public hearing at which public testimony or evidence will be received.
4. Notifications for annexation shall follow the provisions of this chapter. The notice must be received by the Department of Land Conservation and Development no later than 35 days prior to the evidentiary hearing.
D. Content of Notices. The mailed and published notices shall be consistent with ORS 227.186 and 197.610 and include the following information:
1. The file number and city contact information.
2. A description of the location of the proposal that effectively and clearly describes the location of the geographic area.
3. A detailed description of the proposed changes/modifications, and the place where all relevant materials and information may be obtained or reviewed.
4. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall.
E. Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:
1. Personal notice is deemed given where the notice is deposited with the United States Postal Service.
2. Published notice is deemed given on the date it is published.
F. Process.
1. The planning commission shall:
a. After notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and
b. Within 10 business days of determining a recommendation, the presiding officer of the planning commission shall sign the written recommendation, and it shall be filed with the city recorder.
2. Any member of the planning commission who votes in opposition to the planning commission’s majority recommendation may file a written statement of opposition with the city before the council public hearing on the proposal. The community development director shall send a copy to each council member and place a copy in the record.
3. If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within 60 days of its first public hearing on the proposed change, the community development director shall:
a. Report the failure together with the proposed change to the city council; and
b. Provide notice and put the matter on the city council’s agenda, a public hearing to be held, and a decision to be made by the council. No further action shall be taken by the commission.
4. The city council shall:
a. Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application.
b. Consider the recommendation of the planning commission; however, it is not bound by the commission’s recommendation.
c. Adopt ordinances, which shall be signed by the mayor after the council’s adoption of the ordinance.
G. Decision Making Consideration. The recommendation by the planning commission and the decision by the city council shall be based on consideration of the following factors:
1. Statewide planning goals and guidelines.
2. Comments from applicable federal or state agencies.
3. Applicable intergovernmental agencies.
4. Applicable Comprehensive Plan policies.
H. Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, Metro, and the Department of Land Conservation and Development, within five business days after the city council decision is filed with the city manager or designate. The city shall also provide notice to all persons as required by other applicable laws.
I. Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance or, if not approved, upon mailing of the notice of decision to the applicant. (Ord. 8-2021 § 1; Ord. 5-2012 § 2; Ord. 1-2012 § 3; Ord. 6-2009 § 2 (Att. 1))
19.413.050 Summary of development decisions/permit by type of decision-making procedure.
|
Access Permit (Public Street) |
Type I |
|
Annexation |
Type IV |
|
Amendments |
|
|
• Comprehensive Plan Map Amendment |
Type IV |
|
• Comprehensive Plan Text Amendment |
Type IV |
|
• Zoning Text Amendment |
Type IV |
|
• Zone Map Amendment (Zone Change) |
Type IV |
|
• Master Plan Adoption or Amendment |
Type IV |
|
• Parks Master Plan Adoption or Amendment |
|
|
• Annexations |
Type IV |
|
• Vacations (Right-of-Way) |
|
|
Building Permit and Sign Permit |
Type I |
|
Code Interpretation |
Type II |
|
Conditional Use Permit |
Type III |
|
Director’s Determination |
Type II |
|
Floodplain Development Permit |
Type II |
|
Home Occupation Permit |
Type I |
|
Minor Modification of a Decision |
Type I |
|
Major Modification of a Decision |
Shall be reviewed by original decision-making body. |
|
Land Division |
|
|
• Minor Partition (2 or 3 parcels) |
Type II |
|
• Subdivision with 4 to 10 Parcels |
Type II |
|
• Subdivision with More Than 10 Parcels |
Type III |
|
• Planned Development |
Type III |
|
• Lot Line Adjustment |
Type I |
|
• Extension of Land Use Decision |
Type I |
|
Nonconforming Use Determination |
Type II |
|
Riparian Buffer Permit |
Type I/II/III |
|
Significant Environmental Concern (SEC) Permit |
Type III |
|
Site Design Review |
Type II/III |
|
Temporary Use Permit |
Type I |
|
Variance |
|
|
• Class A |
Type I |
|
• Class B |
Type II |
|
• Class C |
Type III |
(Ord. 6-2009 § 2 (Att. 1))