Chapter 4.2 Types of Applications and Review Procedures

Chapter 4.2
Types of Applications and Review Procedures

Sections:

4.2.100 Purpose

4.2.110 Description of Permit Procedures

4.2.120 Type I Procedure

4.2.130 Type II Procedure

4.2.140 Type III Procedure

4.2.150 Type IV Procedure

4.2.160 General Provisions

4.2.170 Special Procedures

4.2.100 Purpose

The purpose of this Chapter is to establish standard decision-making procedures that will enable the City, the applicant and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way.

4.2.110 Applicability of Review Procedures.

All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this Chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures as described in subsections 1-4 below. Table 4.2.110 includes a list of land use decisions and permits required by the City.

1. Type I Procedure (Staff Review – Zoning Checklist). Type I decisions are made by the City Administrator, or his or her designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards).

2. Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by the City Administrator, or designee, with public notice and an opportunity for appeal to the Planning Commission. Alternatively the City Administrator may refer a Type II application to the Planning Commission for its review and decision in a public meeting.

3. Type III Procedure (Quasi-Judicial Review – Public Hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. Quasi-Judicial decisions involve discretion but implement established policy.¹

4. Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. The City Council makes the final decision on a legislative proposal through the enactment of an ordinance.

Table 4.2.110 Summary of Development Decisions/Permit by Procedure Type
Access Permit to a Street	Type I	Chapters 3.2, 4.3, 4.4
Annexation	Type III	See ORS 222
Building Permit	N/A	Building Code
Code Interpretation	Type I or II	Chapter 4.8
Comprehensive Plan Amendment	Type IV	Chapter 4.7
Conditional Use Permit	Type III	Chapter 4.5
Development Review	Type I	Chapter 4.3, Building Code
Floodplain Development Permit	Type II or III	Chapters 3.7 and 4.3 (This is a normally a Type II review. It is a Type III review if the Flood Plain Permit is filed concurrently with another application which requires a Type III review)
Historic Alteration/Demolition	Type III	Chapter 4.9
Home Occupation Permit	No permit required.	Chapter 4.9
Modification to Approval	Type I, II or III	Chapter 4.6
Non-Conforming Use	Type I	Chapter 5.3
Partition or Replat (2 or 3 lots)	Type II	Chapter 4.4
Property Line /Lot Line Adjustment (including Lot Consolidations)	Type I	Chapter 4.4
Sign Permit	Type I	Chapter 3.6
Site Design Review	Type II or III	Chapter 4.3
Temporary Use Permit	Type I or II	Chapter 4.9
Subdivision or Replat (4 or more lots)
Preliminary Plat	Type III	Chapter 4.4
Final Plat	Type I	Chapter 4.4
Variance
Class A	Type I	Chapter 5.2, Section 5.2.120
Class B	Type II	Chapter 5.2, Section 5.2.130
Class C	Type III	Chapter 5.2, Section 5.2.140
Class D	Type III	Chapter 5.2, Section 5.2.150
Zoning District Map Change
Zone Change Only (quasi-judicial)	Type III	Chapter 4.7
Zone Change & Comp Plan Designation (legislative)	Type IV	Chapter 4.7

* The applicant may be required to obtain building permits and other approvals from other agencies, such as the road authority (Linn County Roads Department and/or ODOT) or a natural resource regulatory agency (e.g. Department of State Lands, Department of Environmental Quality, etc.). The City’s failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the City under this Code.

4.2.120 Type I Procedure (Staff Review)

A. Application Requirements.

1. Application Forms. Type I applications shall be made on forms provided by the City.

2. Submittal Information. Type I applications shall include the following:

a. The information requested on the application form;

b. A written statement that addresses the criteria in sufficient detail for review and action; and

c. The required fee.

B. Criteria. The City Planner’s review is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.

C. Administrative Decision. The City Planner’s decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the City Planner 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.

D. Effective Date. A Type I decision is final on the date it is signed by the City Planner. The decision is the final decision of the City and cannot be appealed. It is not a land use decision as defined by ORS 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals.

4.2.130 Type II Procedure (Administrative Review with Notice to Affected Parties)

A. Application requirements.

1. Application Forms. Type II applications shall be made on forms provided by the City.

2. Submittal Information. The application shall include the following:

a. The information requested on the application form;

b. Maps, plans and exhibits required for the specific approval(s) being sought.

c. A written statement or letter explaining how the application satisfies each of the relevant criteria and standards in sufficient detail;

d. Information demonstrating compliance with any prior decision(s) and conditions of approval for the subject site, as applicable; and

e. The required fee.

B. Notice of Application and Pending Action on a Type II Administrative Decision.

1. The City shall mail a notice of a pending Type II decision to the following individuals and agencies no fewer than 14 days prior to making the Type II decision.

a. All owners of record of real property within 200 feet of the subject site;

b. Any person who submits a written request to receive a notice; and

c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City. At minimum, the City will notify the Linn County Roads Department or ODOT if the project is adjacent to a County road or a state highway. The City may notify other affected agencies, as appropriate, for review of the application.

d. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.

2. The purpose of the notice is to give nearby property owners and other interested parties the opportunity to submit written comments about the application, before the Type II decision is made.

3. Notice of a pending Type II Administrative Decision shall:

a. Provide a summary of the proposal;

b. Provide a 14-day period for submitting written comments before a decision is made on the permit;

b. List the relevant approval criteria by name and number of code sections;

c. State the place, date and time the comments are due, and the person to whom the comments should be addressed;

d. Include the name and telephone number of a contact person regarding the Administrative Decision;

e. Identify the specific permits or approvals requested;

f. Describe the street address or other easily understandable reference to the location of the site;

g. State that if any person fails to address the relevant approval criteria with enough detail, that person may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

h. State that all evidence relied upon by the City to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the City;

i. State that after the comment period closes, the City will issue a decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

j. Contain the following notice: “Notice to mortgagee, lienholder, vendor, or seller: The Halsey Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

C. Administrative Decision Requirements.

1. At the conclusion of the comment period, the City Planner shall either approve, approve with conditions or deny the application based on the applicable criteria. Alternatively, the City Planner may refer a Type II decision to the Planning Commission, if the City Planner determines the code requirements are ambiguous or believes the proposal may have a broader neighborhood or community-wide impact. If referred to the Planning Commission, the City Planner will transmit all written comments received, a copy of the application and a staff report to the Planning Commission for review and decision at its next regularly scheduled meeting.

2. Where the City Planner refers a Type II application to the Planning Commission, the Planning Commission shall review the application at a public meeting. The Planning Commission may approve, approve with conditions, or deny the application based on the applicable criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided that the Commission makes a final decision within the 120-day period prescribed under state law (ORS 227.178).

D. Notice of Decision.

1. Within seven days of a Type II (Administrative) decision, the City will issue a Notice of Decision. The Notice of Decision will be mailed and/or electronically transmitted to the:

a. The applicant;

b. The property owner and any contract purchasers of record for the affected property;

c. Any agency or person who provided written comments on the proposal;

d. Any person(s) who requested a written copy of the decision; and

e. The Linn County Building Department (if necessary);

2. City staff shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted and shall demonstrate that the notice was mailed or electronically transmitted to the people and within the time required by law.

3. The Type II Notice of Decision shall contain:

a. A summary description of the applicant’s proposal, the City’s decision on the proposal and the conditions of approval;

b. The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;

c. A statement of where the City’s decision can be obtained;

d. The date the decision shall become final, unless appealed;

e. A statement that all persons entitled to notice may appeal the decision per Chapter 4.2, Section 4.2.130.F;

f. A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process.

E. Effective Date of the Decision. A Type II administrative decision is final 14 days after the City mails the Notice of Decision, unless the decision is appealed pursuant to Section 4.2.130.F.

F. Appeal. A Type II Administrative Decision made by the City Planner may be appealed to the Planning Commission; and a Type II Administrative Decision made by the Planning Commission may be appealed to the City Council, as applicable, pursuant to the following:

1. Who may appeal. The following people have legal standing to appeal a Type II Decision:

a. The applicant or owner of the subject property;

b. Any person who was mailed written notice of the Type II administrative decision;

c. Any other person who participated in the proceeding by submitting written comments to the City by the specified deadline.

2. Appeal procedure.

a. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type II Administrative Decision by filing a Notice of Appeal according to the following procedures;

(1) Time for filing. A Notice of Appeal shall be filed with the City within 14 days of the date the Notice of Decision was mailed;

(2) Content of notice of appeal. The Notice of Appeal shall contain:

(a) An identification of the decision being appealed, including the date of the decision;

(b) A statement demonstrating the person filing the appeal has standing;

(d) If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period; and

(e) the required filing fee.

b. Scope of appeal. The appeal of a Type II Administrative Decision by a person with standing shall be limited to the specific issues raised during the written comment period, as provided under Section 4.2.130.C, unless the hearings body allows additional evidence or testimony concerning any other relevant issue. The hearings body may allow such additional evidence if it determines that such evidence is necessary to resolve the case. The purpose of this requirement is to limit the scope of Type II Administrative Appeals by encouraging persons with standing to submit their specific concerns in writing during the comment period.

c. Appeal procedures. Type III notice and hearing procedures shall be used for all Type II Administrative Appeals, as provided in Section 4.2.140.C through Section 4.2.140.G.

4.2.140 Type III Procedure (Quasi-Judicial)

The Type III procedure is used by the City when making a quasi-judicial land use decision which involves discretion on the part of the decision-making body (Planning Commission or City Council). The decision is made after a public hearing and is based on standards and criteria and the application of established public policy.

Type III applications include conditional use permits, site plan reviews, land divisions, variances, and zone changes (site specific), comprehensive plan map amendments (site specific) and annexations. See Table 4.2.110.

Some Type III decisions are made by the Planning Commission, after a public hearing with an opportunity to appeal the City Council. Other Type III decisions (e.g. a zone change, annexation or comprehensive plan amendment to one or more parcels) are considered by both the Planning Commission and City Council. The Planning Commission will hold a public hearing and make a recommendation to the City Council. The City Council will also hold a public hearing and make a final decision.

A. Pre-application conference. A pre-application conference is required for all Type III applications. The requirements and procedures for a pre-application conference are described in Section 4.2.160.C.

B. Application requirements.

1. Application forms. Type III applications shall be made on forms provided by the City;

2. Submittal Information. Type III applications shall include the following:

a. The information requested on the application form;

b. Maps, plans and exhibits required for the specific approval being sought.

c. A written statement or letter that explains how the application satisfies each and all of the relevant criteria in sufficient detail for review and action;

d. Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable; and

e. The required fee;

C. Notice of Hearing.

1. Mailed notice. Notice of a Type III application hearing or Type II appeal hearing shall be given by City staff in the following manner:

a. At least 20 days before the hearing date, notice shall be mailed to:

(1) The applicant and all owners or contract purchasers of record of the property which is the subject of the application;

(2) All property owners of record within 200 feet of the site;

(3) Any governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice. At minimum, the City will notify the Linn County Roads Department or ODOT if the project is adjacent to a County road or a state highway. The City may notify other agencies, as appropriate, for review of the application. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.

(4) Any person who submits a written request to receive notice;

(5) For appeals, the appellant and all persons who provided testimony; and

(6) For a land use district change (zone change) affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

b. City staff shall prepare an affidavit of notice. The affidavit shall state the date that the notice was posted on the property and mailed to the persons who must receive notice. The affidavit will be made a part of the administrative record;

c. At least 14 days before the hearing, notice of the hearing shall be published on the city’s website and/or in a newspaper of general circulation in the City. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record;

d. At least 14 days before the hearing, City staff shall post notice of the hearing on the property in clear view from a public right-of-way. The City shall prepare and submit an affidavit of posting of the notice which shall be made part of the administrative record.

2. Content of Notice. Notice of the public hearing to be mailed, posted and published per Subsection 1 above shall contain the following information:

a. The nature of the application and a summary of the proposed land use or uses which are proposed for the property;

b. The applicable criteria and standards from the development code(s) that apply to the application;

c. The street address or other easily understood geographical reference to the subject property;

d. The date, time, and location of the public hearing;

e. A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the City Council, Land Use Board of Appeals, or Circuit Court, as applicable, on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;

f. The name of a City representative to contact and the telephone number where additional information on the application may be obtained;

g. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost;

h. A statement that a copy of the City’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;

i A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings.

j. The following notice: “Notice to mortgagee, lienholder, vendor, or seller: The Halsey Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

k. A statement that after the public hearing closes, the City will issue its decision, and the decision will be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.

D. Conduct of the Public Hearing.

1. Hearing Procedures and Opening Statement. At the commencement of the hearing, the presiding officer, or designee, shall state and/or make available to those in attendance all of the following information and instructions:

a. The applicable approval criteria by Code chapter that apply to the application;

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue, may preclude appeal to the state Land Use Board of Appeals or Circuit Court on that issue;

d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record.

e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing or leave the record open for additional written evidence or testimony.

2. Testimony - Presenting and receiving evidence.

a. The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence;

b. No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; and

c. The City may schedule a site visit for the hearings body to visit the property and the surrounding area. The hearings body may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

d. member of the hearings body may visit the property to familiarize him or herself with the site and surrounding area, but not to independently gather evidence. At the beginning of the hearing, the member shall disclose the circumstances of the site visit and shall allow all participants in the hearing to ask about the site visit.

3. The record.

a. The hearings body, in making its decision, shall consider only facts and arguments in the City’s land use file and the public hearing record and not testimony or evidence rejected by the presiding officer.

b. The hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports).

c. Upon announcing its intention to take notice of such facts in its deliberations, the hearings body must allow persons who previously participated in the hearing, to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

4. Continuing the Public Hearing. If the hearings body decides to continue the hearing, the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the continued hearing, that the record be left open for at least seven days, so that the person can submit additional written evidence or testimony in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.

5. Leaving the Record Open for Submittal of Additional Testimony. If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearings body in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record.

a. When the hearings body re-opens the record to admit new evidence or testimony, any person may raise new issues which relates to that new evidence or testimony;

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of ORS 227.178 (“120-day rule”), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and

c. If requested by the applicant, the hearings body shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

E. Ex Parte Contacts and Conflicts of Interest.

The public is entitled to an impartial hearing body as free from potential conflicts of interest and pre-hearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall be excused from the proceedings. A communication between City staff and the hearings body is not considered an ex parte contact.

F. The Decision Process.

1. Basis for decision. Approval or denial of an appeal of a Type II Administrative decision or a decision on a Type III application shall be based on standards and criteria in this Code. A decision made on an appeal of a Floodplain Development Permit or determination made by the Floodplain Plain Administrator shall also be based on applicable criteria contained in Chapter 3, Section 3.7.130 and/or Chapter 5, Section 5.2.150.C.

2. Findings and conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The City’s findings and conclusions shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts;

3. Form of decision. The City will issue a final written Notice of Decision including or referencing the findings and conclusions stated in subsection 2, which either approves, denies, or approves with specific conditions. The hearings body may also issue appropriate intermediate rulings when more than one permit or decision is required;

4. Decision-making time limits. A final decision for any Type II Administrative Appeal or Type III action shall be made by the hearings body within ten business days after the close of the deliberation, unless the presiding officer extends the time period for making the decision.

G. Notice of Decision. Written notice of a Type II Administrative Appeal decision or written notice of a Type III decision shall be mailed to the applicant and to all participants of record within ten (10) business days after the hearings body decision. Failure of any person to receive the mailed Notice of Decision shall not invalidate the decision, provided that a good faith attempt was made to mail the notice.

The Notice of Decision shall contain all of the following information:

1. A description of the applicant’s proposal and the City’s decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

2. The address or other geographic description of the property

3. A statement of where the City’s decision can be obtained;

4. The date the decision shall become final, unless appealed; and

5. A statement that all persons entitled to notice may appeal the Planning Commission’s decision to City Council pursuant to Section 4.2.140.I, or may appeal the City Council’s decision to the state Land Use Board of Appeals, as applicable.

H. Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date the Notice of Decision is mailed by the City. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the City Council. The notification and hearings procedures for Type III applications on appeal to the City Council shall be the same as for the initial hearing.

I. Appeal of a Planning Commission Decision. The Planning Commission’s decision may be appealed to the City Council as follows:

1. Who may appeal. The following people have legal standing to appeal:

a. The applicant or owner of the subject property; and

b. Any other person who testified orally or in writing during the subject public hearing before the close of the public record.

2. Appeal filing procedure.

a. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type III Quasi-Judicial Decision by filing a Notice of Appeal according to the following procedures.

b. Time for filing. A Notice of Appeal shall be filed with the City within 14 days of the date the Notice of Decision is mailed.

c. Content of notice of appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:

(1) An identification of the decision being appealed, including the date of the decision;

(2) A statement demonstrating the person filing the Notice of Appeal has standing to appeal;

(3) A statement explaining the specific issues being raised on appeal; and

(4) If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.

3. Scope of appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Quasi-Judicial Decision but may include other relevant evidence and arguments. The City Council may allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.

4.2.150 Type IV Procedure (Legislative Decisions)

The Type IV procedure applies to the creation or revision of public policy. Type IV applications include amendments to the Halsey Comprehensive Plan, the Halsey Development Code, land use regulations, public facility plans and similar documents.

A. Pre-Application conference. A pre-application conference is required for all Type IV applications. The requirements and procedures for a pre-application conference are described in Section 4.2.160.C.

B. Application requirements.

1. Application forms. Type IV applications shall be made on forms provided by the City.

2. Submittal Information. The application shall contain the following:

a. The information requested on the application form;

b. A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

c. A letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards, and

d. The required fee.

C. Notice of Hearing.

1. 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. The hearings may be consolidated at the discretion of the City.

2. Notification requirements. Notice of public hearings for the request shall be given by City staff in the following manner:

a. The Department of Land Conservation and Development (DLCD) shall be notified in writing or electronically via PAPA on-line of a proposed Type IV application at least 35 days before the first public hearing at which public testimony or new evidence will be received.

b. At least 20 days, but not more than 40 days, before the date of the first hearing on a Type IV proposal, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

(1) Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one Comprehensive Plan land use designation to another), see ORS 227.186 for instructions;

(2) Any affected governmental agency;

(3) Any person who requests notice in writing; and

(4) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

c. At least 14 days before the scheduled Planning Commission public hearing date, and 14 days before the City Council hearing date, notice shall be published on the city website or in a newspaper of general circulation in the City.²

d. For each mailing and publication, the City staff shall keep an affidavit of mailing/publication in the administrative record.

3. Content of notices. The mailed and published notices shall include the following information:

a. The nature of the application and a summary of the proposal.

b. A description of property affected and/or persons who may be affected by the proposal.

c. A statement stating that copies of the proposal may be obtained at City Hall and/or on the city website, including the name and contact information for a city official who can provided additional information on the proposal.

d. 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 rules of procedure adopted by the City Council.

D. Hearing Process and Procedure.

Hearings on legislative proposals are conducted in accordance with the following rules of procedure or other rules of procedure adopted by the City Council for legislative proposals.

1. Public Hearing Rules of Procedure. Unless otherwise provided in the rules of procedure adopted by the City Council:

a. The Chair of the Planning Commission or Mayor serve as presiding officer. The presiding officer shall have the authority to:

(1) Regulate the course, sequence, and decorum of the hearing;

(2) Direct procedural requirements or similar matters; and

(3) Impose reasonable time limits for oral presentations.

b. No person shall address the Commission or the Council without:

(1) Receiving recognition from the presiding officer; and

(2) Stating their full name and residence address.

c. Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

2. The presiding officer shall conduct the hearing as follows:

a. The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the City Council or the final decision of the Council;

b. The staff report shall be presented;

c. The applicant shall present the proposal;

c. The public shall be invited to testify;

d. The public hearing may be continued to allow additional testimony or it may be closed; and

e. The body’s deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.

E. Continuation of the Public Hearing. The Planning Commission or the City Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

F. Approval Process and Authority.

1. The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative.

2. The City Council will consider the recommendation of the Planning Commission. The City Council may 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;

If the City Council approves the proposal, the City Council will direct the City Administrator to prepare an ordinance. The City Council decision is not final until an ordinance is enacted.

G. Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within twenty business days after the City Council adopts an ordinance. The City shall also provide notice to all persons as required by other applicable laws.

H. Final Decision and Effective Date. A Type IV legislative 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.

4.2.160 General Provisions

A. 120-day Rule. The City shall take final action on permit applications which are subject to this Chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. [Note: The 120-day rule does not apply to Type IV Legislative land use decisions.].

B. Time Computation. In computing any period of time prescribed or allowed by this Chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event, the period runs until the end of the next business day.

C. Pre-application Conferences.

1. Participants. When a pre-application conference is required, the applicant shall meet with the City Planner or his/her designee(s);

2. Information provided. At such conference, the City Planner shall:

a. Cite the comprehensive plan policies and map designations applicable to the proposal;

b. Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;

c. Provide available technical data and assistance which will aid the applicant;

d. Identify other governmental policies and regulations that relate to the application; and

e. Reasonably identify other opportunities or constraints concerning the application.

3. Disclaimer. Failure of the City Planner or his/her designee to provide any of the information required by this Section shall not constitute a waiver of any of the standards, criteria or requirements for the application;

4. Changes in the law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

D. Applications.

1. Initiation of applications:

a. Applications for approval under this Chapter may be initiated by:

(1) Order of City Council;

(2) Resolution of the Planning Commission;

(3) The City Planner;

(4) A record owner of property (person(s) whose name is on the most recently-recorded deed), or contract purchaser with written permission from the record owner.

b. Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2. Consolidation of proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a. If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: the Council, the Planning Commission, or the City Planner.

b. When proceedings are consolidated:

(1) The notice shall identify each application to be decided;

(2) The decision on a plan map amendment shall precede the decision on a proposed zone change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

(3) Separate findings and decisions shall be made on each application.

3. Check for acceptance and completeness. In reviewing an application for completeness, the following procedure shall be used:

a. Acceptance. When an application is received by the City, the City Planner shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant;

(1) The required form;

(2) The required fee;

(3) The signature of the applicant on the required form and signed written authorization of the property owner of record if the applicant is not the owner.

b. Completeness.

(1) Review and notification. After the application is accepted, the City Planner shall review the application for completeness. If the application is incomplete, the City Planner shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant 180 days to submit the missing information;

(2) When application deemed complete for review. In accordance with the application submittal requirements of this Chapter, the application shall be deemed complete upon the receipt by the City Planner of all required information. The applicant shall have the option of withdrawing the application or refusing to submit information requested by the City Planner in (1), above. For the refusal to be valid, the refusal shall be made in writing and received by the City Planner no later than 14 days after the date on the City Planner’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on 31st day after the City Planner first accepted it.

(3) Standards and criteria that apply to the application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted.

4. Changes or additions to the application during the review period. Once an application is deemed complete:

a. All documents and other evidence relied upon by the applicant shall be submitted to the City Planner at least seven days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by the City Planner and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

b. When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the Planner or hearings body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c. If the Planner or hearings body determines that the new documents or other evidence significantly change the application, the Planner shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the Planner may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see “d”, below), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d. If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the City shall take one of the following actions, at the choice of the applicant:

(1) Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;

(2) Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (Section A., above) on the existing application. If the applicant does not consent, the City shall not select this option;

(3) Reject the new documents or other evidence that has been determined to constitute a significant change and continue to process the existing application without considering the materials that would constitute a significant change. The City will complete its decision-making process without considering the new evidence;

e. If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.

E. City Administrator and City Planner’s Duties.

The City Administrator and/or City Planner will:

1. Answer questions from the public regarding the City’s land use regulations;

2. Prepare application forms based on the provisions of this Code and applicable state law;

3. Prepare required notices;

4. Prepare required staff reports that summarize the application(s) and applicable decision criteria and provides findings of conformance and/or non-conformance with the criteria. The staff report should provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

5. Assist the Planning Commission and City Council in administering the hearings process and making land use decisions;

6. Prepare notices of final decisions; and

7. File notice of the final decision in the City’s records and mail a copy of the notice of the final decision to all parties entitled to notice; and

8. Maintain and preserve the file and public record for each application;

F. Re-submittal of Application Following Denial. An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final City action is made denying the application, unless there is substantial change in the facts or a change in City policy which would change the outcome, as determined by the City Planner.

4.2.170 Special Procedures

A. Expedited Land Divisions. An Expedited Land Division (“ELD”) shall be defined and may be used as in ORS 197.360 which is expressly adopted and incorporated by reference here.

1. Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;

2. Review procedure. An ELD shall be reviewed in accordance with the procedures in ORS 197.365;

3. Appeal procedure. An appeal of an ELD shall be in accordance with the procedures in ORS 197.375.

A zone change application to change the zone for a specific property(ies) is a quasi-judicial decision. For a quasi-judicial zone change, a Type III decision requires public hearings before the Planning Commission and the City Council. A final decision is made by the City Council, after receiving a recommendation from the Planning Commission.

If a joint hearing is held by the Planning Commission and City Council, then the public hearing notice shall be provided at least 20 days prior to the initial public hearing.