Chapter 19.10
GENERAL REVIEW PROCEDURES

Sections:

19.10.010    Purpose and applicability.

19.10.020    Type I procedure (ministerial review).

19.10.030    Type II procedure (administrative review with notice).

19.10.040    Type III procedure (quasi-judicial review – Public hearing).

19.10.050    Type IV (legislative decisions).

19.10.060    Time limit, consolidated review, and City Administrator’s duties.

19.10.010 Purpose and applicability.

1. 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. Table 19.10.010 provides a key for determining the review procedure and the decision-making body for particular approvals.

2. 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 (2)(a) through (d) of this section. Table 19.10.010 lists the City’s land use and development approvals and corresponding review procedure(s).

a. Type I Procedure (Ministerial Review). Type I decisions are made by the City Administrator, or their 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., clear and objective standards). Applications subject to Type I review can nevertheless be referred to the Planning Commission for review using the Type II procedure where an applicant requests Type II review based on the applicable criteria or where the City Administrator finds the approval criteria or standards are not clear and objective.

b. Type II Procedure (Administrative Review with Notice). Type II decisions are made by the City Administrator, with public notice and an opportunity for appeal. Alternatively, the City Administrator may refer a Type II application directly to the Planning Commission for its review and decision in a public meeting. The Type II procedure applies to land use decisions that may involve the use of increased or heightened City standards and criteria (as described in the relevant sections of Chapter 19.50 HMC), but do not require discretion, as there are clear and objective standards but which, nevertheless, may invite greater public interest.

c. 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; or in the case of a quasi-judicial zone change (e.g., a change in zoning on one property to comply with the comprehensive plan), a Type III decision is made by the City Council on recommendation of the Planning Commission. Quasi-judicial decisions involve discretion but implement established policy.

d. Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy, including comprehensive plan amendments, and amendments to the development code and zoning map that affect more than a small number of properties. Type IV reviews are considered by the Planning Commission at a public hearing, which then makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance.

 

Table 19.10.010 – Summary of Approvals by Type of Review Procedure
Approvals*	Review Procedures	Applicable Regulations
Building Permit Review	Type I	Applicants are required to complete a zoning or special conditions checklist before applying for any permit or approval. See HMC 19.10.020.
Special Conditions Checklist	Type II
Access to a Street	Type I	Chapter 19.40 HMC and the standards of the applicable roadway authority (City/County/ODOT)
Adjustment	Type II	Chapter 19.40 HMC
Annexation	Type IV	See ORS Chapter 222
Code Interpretation	Type II	Chapter 18.30 HMC
Code Text or Zoning Map Amendment		Chapter 19.35 HMC
Quasi-Judicial	Type III
Legislative	Type IV
Comprehensive Plan Amendment	Type IV	Chapter 19.35 HMC
Conditional Use Permit	Type III	Chapter 19.25 HMC
Home Occupation	Type I or II
Legal Lot Determination	Type I	Chapter 18.20 HMC
Master Planned Development
Concept Plan	Type III	Chapter 19.45 HMC
Detailed Plan	Type III	Chapter 19.45 HMC
Modification to Approval or Condition of Approval	Type II	Chapter 19.30 HMC
Nonconforming Use or Structure, Expansion of	Type II	Chapter 18.25 HMC
Partition, or Replat of three or fewer lots		Chapter 19.20 HMC
Preliminary Plat	Type II
Final Plat	Type I
Property Line Adjustments, including Lot Consolidations	Type I	Chapter 19.20 HMC
Site Design Review	Type III	Chapter 19.15 HMC
Subdivision		Chapter 19.20 HMC
Preliminary Plat	Type III
Final Plat	Type I
Variance	Type III	Chapter 19.40 HMC
Planned Unit Development	Type IV	Chapter 19.45 HMC
Religious and Other Owned Affordable Housing	Type II	Chapter 19.50 HMC (ORS 197.830 and 197.850)

* The applicant may be required to obtain building permits and other approvals from other agencies, such as a road authority or natural resource regulatory agency. 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.

[Ord. 1002 § 2 (Exh. B), 2024; Ord. 987 § 1 (Exh. A), 2022.]

19.10.020 Type I procedure (ministerial review).

1. Type 1 Procedure (Staff Review). The City Administrator, or their designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. Ministerial decisions are those where City standards and criteria do not require the exercise of discretion (i.e., there are clear and objective standards).

2. Zoning Checklist. The City Administrator reviews proposals requiring a Type I review using a zoning checklist or similar form. The zoning checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of Division 2 of HMC Title 18 (Zoning and Development) before more detailed plans are prepared and before the City authorizes the Building Official to issue a building permit.

3. Application Requirements.

a. Application Forms. Approvals requiring Type I review, including zoning checklists, shall be made on forms provided by the City.

b. Application Requirements. When a zoning checklist is required, it shall:

(1) Include the information requested on the application form;

(2) Address the criteria in sufficient detail for review and action; and

(3) Be filed with the required fee.

4. Requirements. The City shall not act upon an application for land use approval, and a building permit shall not be issued, until the City Administrator has approved a zoning checklist for the proposed project.

5. Criteria and Decision. The City Administrator’s review of a zoning checklist 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.

6. Effective Date. A ministerial decision is final on the date it is signed by the City Administrator. 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. (See also HMC 18.15.070, Review of building permits for development code compliance.) Applications subject to Type I review can nevertheless be referred to the Planning Commission for review using the Type II procedure where an applicant requests Type II review based on the applicable criteria or where the City Administrator finds the approval criteria or standards are not clear and objective. It is appealable to the Planning Commission by any resident living within or owning property within 200 feet, if there is evidence of clear and compelling error(s) on the part of the City staff. A written appeal must be filed with the City Recorder within 10 business days of approval by the City Administrator. [Ord. 987 § 1 (Exh. A), 2022.]

19.10.030 Type II procedure (administrative review with notice).

The City Administrator, or his/her designee, shall determine Type II land use decisions based on clear and objective criteria as described herein. Those Type II decisions that involve the use of discretion, that are not clearly described herein, or that invite significant public interest may be made by the City Administrator (with the right of review by the Planning Commission) or referred directly to the Planning Commission by the City Administrator.

1. Application Requirements.

a. Application Forms. Applications for projects requiring administrative review shall be made on forms provided by the City Administrator.

b. Submittal Information. The City Administrator shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

(1) The information requested on the application form;

(2) Plans and exhibits required for the specific approval(s) being sought, pursuant to Table 19.10.010;

(3) A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;

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

(5) The required fee.

2. Procedure.

a. The City Administrator shall mail 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:

(1) All owners of record of real property within a minimum of 200 feet of the subject site;

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

(3) Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the City Administrator shall notify the road authority if different than the City of Harrisburg. 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; and

(4) Harrisburg Fire Rescue District and Harrisburg School District.

b. The City Administrator shall apply the relevant clear and objective criteria in Chapter 18.50 HMC, which describes additional standards and criteria for “S” “special” uses in each zone. This procedure is not a “land use decision” as defined by ORS 197.015, and does not encompass discretion, and hence is not subject to appeal to the State Land Use Board of Appeals. Type II decisions may be referred to the City Planning Commission for review and hence to the City Council.

c. The notice of pending administrative decision, at a minimum, shall contain all of the following information:

(1) The deadline for submitting written comments, which must be at least 14 days prior to the scheduled decision date or, as applicable, the scheduled Planning Commission meeting date where an application is referred to the Commission for review;

(2) A summary of the proposal and applicable code requirements and the relevant “S” special use standards in sufficient detail to help the public understand the request and identify and locate applicable code requirements;

(3) The address and City contact person for submitting written comments; and the date, time, and location the City Administrator or City Planning Commission, as applicable, is scheduled to make a decision on the application;

(4) The street address or other easily understandable reference to the location of the proposed use or development;

(5) Statement that all evidence relied upon by the City Administrator or City Planning Commission, as applicable, to apply the relevant special use standards and other code requirements is in the public record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the City; and

(6) Statement that after the comment period closes, the City will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise entitled to notice.

d. At the conclusion of the comment period, the City Administrator shall review the comments received and shall, within seven business days, prepare a decision notice approving, approving with conditions, or denying the application based on the applicable special use standards. Alternatively, the City Administrator may transmit all written comments received, if any, along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting.

e. Where the City Administrator refers an application subject to administrative review to the Planning Commission, the Planning Commission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable code 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) and as described in HMC 19.10.060.

f. Within seven days of a Type II (Administrative) decision, the City Administrator shall proceed to prepare a notice of decision and mail it to the applicant, property owner (if different), the Building Official, those who provided written comments on the proposal, and those who requested a copy of the decision.

g. The administrative 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 how the proposal does or does not meet the special use standards;

(2) The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (a copy of assessor’s map may be used);

(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 decision to the Planning Commission pursuant to subsection (4) of this section.

3. Effective Date of Decision. Unless the conditions of approval specify otherwise, an Administrative Decision becomes effective 10 days after the City mails the decision notice, unless the decision is appealed pursuant to subsection (4) of this section.

4. Appeal of Type II (Administrative) Decision. A Type II administrative decision made by the City Administrator may be referred to the City of Harrisburg Planning Commission for their review. The Planning Commission review may be referred to the City Council, as applicable.

a. Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:

(1) The applicant or owner of the subject property;

(2) Any person who was entitled to written notice of the Type II decision; and

(3) Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.

b. Appeal Filing Procedure.

(1) Notice of Appeal. Any person with standing to appeal, as provided in subsection (4)(a) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures:

(2) Time for Filing. A notice of appeal shall be filed with the City Administrator within the time frame specified on the notice of decision; typically, this will be within 10 days of the date the notice of decision is mailed.

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

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

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

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

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

c. Scope of Appeal. The appeal of a Type II administrative decision shall be a hearing on information submitted up to and including the date of Planning Commission consideration of the contested decision made by the City Administrator. The appeal shall be limited to the application materials, evidence and other documentation submitted and shall relate to the issue of consistency with the additional standards and criteria required by development proposed in or under “S” zoning Chapter 18.50 HMC. The hearing appeal body may not allow additional evidence or testimony concerning other standards, criteria, conditions, or issues.

d. Appeal Hearing Procedure. Hearings on appeals of Type II decisions shall follow the same administrative procedure used for public hearings on Type III reviews under HMC 19.10.040. HMC 19.10.040 contains requirements for public hearing notices, conduct of hearings, and decision-making procedures. [Ord. 987 § 1 (Exh. A), 2022.]

19.10.040 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, except the Planning Commission makes a recommendation to the City Council for quasi-judicial amendments to the zoning map and development code, and the City Council decides those requests after conducting their own public hearing.

1. Application Requirements.

a. Application Forms. Applications requiring quasi-judicial review shall be made on forms provided by the City Administrator.

b. Submittal Information. The City Administrator shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

(1) The information requested on the application form;

(2) Plans and exhibits required for the specific approval(s) being sought;

(3) A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;

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

(5) The required fee;

(6) Evidence of neighborhood contact, as applicable, pursuant to this section.

2. Procedure.

a. Mailed and Posted Notice.

(1) The City shall mail public notice of a public hearing on a quasi-judicial application at least 20 days before the hearing date to the individuals and organizations listed below. The City Recorder shall prepare an affidavit of notice, which shall be made a part of the file. The affidavit shall state the date that the notice was mailed. Notice shall be mailed to:

(a) All owners of record of real property located within a minimum of 200 feet of the subject site;

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

(c) Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the City Administrator shall notify the road authority if different than the City of Harrisburg. 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.

(d) The City Administrator shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of applications for quasi-judicial amendments to the development code or zoning map at least 35 days before the first evidentiary hearing.

(e) At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

i. Each owner whose property would be directly affected by the proposal (e.g., rezoning); see ORS 227.186 for instructions;

ii. Any affected governmental agency;

iii. Any person who requests notice in writing; and

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

(2) At least 14 days before the first hearing, the applicant shall post notice of the hearing on the project site in clear view from a public right-of-way using a poster format prescribed by the City Administrator, except that notices of appeal hearings shall be posted by the City. The person posting the notice shall submit an affidavit of notice using a form provided by the City, which shall be made a part of the file. The affidavit shall state the date that the notice was posted.

(3) At least 14 days before the first hearing, the City shall publish notice of the hearing on the City website, and/or have said notice published in a newspaper with local circulation.

b. Content of Notice. Notice of a quasi-judicial hearing to be mailed and published per subsection (2)(a) of this section shall contain all of the following information:

(1) A summary of the proposal and the relevant approval criteria, in sufficient detail to help the public identify and locate applicable code requirements;

(2) The date, time, and location of the scheduled hearing;

(3) The street address or other clear reference to the location of the proposed use or development;

(4) 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;

(5) A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the City Administrator, and that copies shall be provided at a reasonable cost;

(6) A statement that a copy of the City’s staff report and recommendation to the hearing 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;

(7) A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and

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

3. Conduct of the Public Hearing.

a. At the commencement of the hearing, the presiding officer shall state to those in attendance all of the following information and instructions:

(1) The applicable approval criteria by code chapter that apply to the application;

(2) 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;

(3) 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 on that issue;

(4) 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; and

(5) 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 as provided in subsection (3)(e) of this section, or leave the record open for additional written evidence or testimony as provided in subsection (3)(f) of this section.

b. The public is entitled to an impartial hearing body as free from potential conflicts of interest and prehearing 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.

c. Presenting and Receiving Evidence.

(1) 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;

(2) 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

(3) Members of the hearing body may visit the property and the surrounding area and 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. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, State, or Federal regulations; previous City decisions; case law; staff reports).

e. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). 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 hearing, that the record be left open for at least seven days, so that he or she can submit additional written evidence or arguments in response to the new written evidence.

f. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:

(1) When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;

(2) An extension of the hearing or record granted pursuant to this section is subject to the limitations of HMC 19.10.060 (ORS 227.178 – 120-day rule), unless the applicant waives their right to a final decision being made within 120 days of filing a complete application; and

(3) If requested by the applicant, the hearing body shall grant 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.

(4) In any and all circumstances, the Planning Commission shall render a final decision on all Type III applications within 60 days of a complete application.

g. The notice of quasi-judicial 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 proposed for development, including a map of the property in relation to the surrounding area (a copy of assessor’s map may be used);

(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 and who testified during the Planning Commission hearing specifically addressing the applicable criteria may appeal the Planning Commission’s decision to City Council pursuant to subsection (5) of this section or may appeal the City Council’s decision to the State Land Use Board of Appeals, as applicable.

4. Effective Date of Decision. Unless the conditions of approval specify otherwise, a quasi-judicial decision becomes effective 10 days after the City mails the decision notice, unless the decision is appealed pursuant to subsection (5) of this section.

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

a. Who May Appeal. The following people have legal standing to appeal:

(1) The applicant or owner of the subject property; and

(2) Any person who testified orally or in writing during the subject public hearing before the close of the public record.

b. Appeal Filing Procedure.

(1) Notice of Appeal. Any person with standing to appeal, as provided in subsection (5)(a) of this section, may appeal a Type III quasi-judicial decision by filing a notice of appeal and payment of any City-imposed appeal fee, according to the following procedures:

(2) Time for Filing. A notice of appeal shall be filed with the City Recorder within the time frame specified on the notice of decision; but not more than 10 days after the date the notice of decision is mailed.

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

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

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

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

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

c. Scope of Appeal. The appeal of a Type III quasi-judicial decision shall be a hearing on record before the City Council. The appeal shall be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the quasi-judicial decision by the Planning Commission. It may not include other written relevant evidence, but may include new legal arguments. The hearing appeal body may not include additional evidentiary or oral testimony except as part of explaining or supporting a legal argument.

6. Record of the Public Hearing.

a. The official public hearing record shall include all of the following information:

(1) All materials considered by the hearing body;

(2) All materials submitted by the City Administrator to the hearing body regarding the application;

(3) The minutes of the hearing;

(4) The final written decision; and

(5) Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.

b. The meeting minutes shall be filed with the City Recorder. The minutes and other evidence presented as a part of the hearing shall be part of the record.

c. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

7. Effective Date. A final land use decision by the City is effective the date the City mails the decision notice. [Ord. 987 § 1 (Exh. A), 2022.]

19.10.050 Type IV (legislative decisions).

1. Timing of Requests. The City Council may establish a schedule for when it will accept legislative code amendment or plan amendment requests, or the City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178.

2. Application Requirements.

a. Application Forms. Legislative applications shall be made on forms provided by the City Administrator.

b. Submittal Information. The application shall contain all of the following information:

(1) The information requested on the application form;

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

(3) The required fee, except when the City of Harrisburg initiates the request; and

(4) One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.

3. Procedure. Hearings on legislative land use requests are conducted similar to City Council hearings on other legislative proposals, except the notification procedure for legislative land use requests must conform to State land use laws (ORS 227.175), as follows:

a. The City Administrator shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments at least 35 days before the first evidentiary public hearing.

b. For at least 20 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 for any zone change, 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 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the City.

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

e. The City Council shall schedule the required public hearing and render a final decision within 30 days of the Planning Commission’s decision or recommendation or any appeal of a Planning Commission decision.

4. Final Decision and Effective Date. A legislative land use 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. Notice of a legislative land use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within 20 business days after the City Council decision is filed with the City Administrator. The City shall also provide notice to all persons as required by other applicable laws. [Ord. 987 § 1 (Exh.  A), 2022.]

19.10.060 Time limit, consolidated review, and City Administrator’s duties.

1. Time Limit – Ninety-Day Rule. The City shall take final action on administrative and quasi-judicial land use applications, pursuant to this chapter within 90 days from the date the City Administrator deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 90-day rule does not apply to legislative land use decisions.)

2. Time Periods. In computing time periods prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday.

3. Consolidated Review of Applications. When an applicant applies for more than one type of land use or development permit for the same one or more contiguous parcels of land, the proceedings shall be consolidated for review and decision. When proceedings are consolidated, required notices may be consolidated, provided the notice shall identify each application to be decided. When more than one application is reviewed in a hearing, separate findings and decisions shall be made on each application.

4. City Administrator’s Duties. The City Administrator, or their designee, shall perform all of the following duties with regard to administration of this code:

a. Prepare application forms based on the provisions of this code and applicable State law;

b. Prepare required notices and process applications for review and action;

c. Assist the Planning Commission and City Council in administering the hearings process;

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

e. Prepare staff reports summarizing pending applications, including applicable decision criteria;

f. Prepare findings consistent with City decisions on land use and development applications;

g. Prepare notices of final decisions, file the notices in the City’s records, and mail a copy of the notices to all parties entitled to notice under this code; and

h. Maintain and preserve the file and public record for each application. [Ord. 987 § 1 (Exh. A), 2022.]