Chapter 16.37
APPLICATION REVIEW PROCEDURES
Sections:
16.37.000 Authority to decide.
16.37.010 Board authority.
16.37.020 Hearings, notices, and staff reports.
16.37.030 Zoning administrator decisions.
16.37.040 Reconsideration of zoning administrator’s decision.
16.37.050 Reconsideration review.
16.37.060 Limit on reconsideration.
16.37.070 Final decision.
16.37.080 Appeal of zoning administrator’s decision.
16.37.090 Conflicting requests.
16.37.100 Notice of appeal hearing.
16.37.000 Authority to decide.
Except as provided in MCC 16.37.010, the zoning administrator is authorized to make the initial decision on applications for conditional use permits, partitions, property line adjustments, determinations, administrative reviews and adjustments. The zoning administrator is authorized to forward any application to the hearings officer for the initial decision, at the zoning administrator’s discretion. The hearings officer is authorized to make the initial decision on zone change applications (Chapter 16.39 MCC), and applications for nonlegislative amendment to the Comprehensive Plan (Chapter 16.43 MCC). The requirements in this chapter shall govern the review of these applications. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.00.]
16.37.010 Board authority.
The governing body may at any time, on its own motion, call up any application and make the decision. In those cases where the board exercises its authority to make the decision on any application, that decision is final and appealable only as provided by Oregon law as an appeal from the final decision of the governing body. The board has sole authority to decide legislative amendments to this title (MCC 16.38.000) and legislative amendments to the Comprehensive Plan (MCC 16.43.000(B)). [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.01.]
16.37.020 Hearings, notices, and staff reports.
A. If the hearings officer makes the initial decision, the zoning administrator shall set the matter for public hearing, provide notice as required in Chapter 16.44 MCC, and submit a written report.
B. If the application is called up by the board, or if the board chooses to hear an appeal, the board shall schedule the hearing and the zoning administrator shall provide notice as required in Chapter 16.44 MCC. In the instance of a board call-up, a written report shall be prepared.
C. The initial staff report on an application being heard by the hearings officer or the board shall be available to the public at least seven days prior to the hearing date.
D. If the application was first decided by the zoning administrator, the decision, including written findings, shall be considered the initial staff report. The zoning administrator may submit supplemental reports prior to or at a hearing before the hearings officer or board. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.02.]
16.37.030 Zoning administrator decisions.
When the initial decision is made by the zoning administrator, the zoning administrator shall:
A. Prepare a written decision based on the information in the file, including the findings and conclusions in support of the decision.
B. Provide notice of the decision approving or denying the application to the applicant, the owners, contract sellers and mortgage holders of the subject property identified in the application, agencies indicating substantial concerns in comments and requesting a copy, and anyone entitled to notice by state law except as provided in subsection (C) of this section.
C. Provide notice to those on the notification list. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.03.]
16.37.040 Reconsideration of zoning administrator’s decision.
A. The applicant may file a request for reconsideration of a decision made pursuant to MCC 16.37.030 with the planning division within 15 days of the date the notice of decision is mailed. The request must be in writing and must explain wherein the decision is:
1. Factually or legally incorrect; or
2. State new facts material to the decision that were not available to the zoning administrator; or
3. Propose modifications that will better conform the proposal to the requirements of the ordinance.
B. The request for reconsideration shall include a signed extension of the 120-day time limit in ORS 215.427.
C. The zoning administrator may withdraw a decision during the appeal period and issue a new or modified decision provided notice of the withdrawal and subsequent decision is mailed to those who received notice of the original decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.04.]
16.37.050 Reconsideration review.
The zoning administrator shall provide written notice of the decision on requests for reconsideration, or for decisions issued after the zoning administrator withdrew a previous decision, and mail notice as provided in MCC 16.37.030. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.05.]
16.37.060 Limit on reconsideration.
Applicants shall be limited to one request for reconsideration per application. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.06.]
16.37.070 Final decision.
A decision on an application made by the zoning administrator pursuant to this chapter becomes a final decision when the period for appeals or requests for reconsideration expire. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.07.]
16.37.080 Appeal of zoning administrator’s decision.
An appeal may be filed with the planning division within 15 days of the date the notice of decision is mailed or within 15 days of the date the zoning administrator mails a notice of decision in a reconsideration. The appeal must be in writing. Legal counsel may appeal the zoning administrator’s decision. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.08.]
16.37.090 Conflicting requests.
When a request for reconsideration and an appeal are received within the 15-day appeal period, the appeal shall take precedence and the zoning administrator shall schedule a public hearing as provided in MCC 16.37.100. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.09.]
16.37.100 Notice of appeal hearing.
At the end of the appeal period and upon receipt of one or more timely filed appeals, the zoning administrator shall, with the concurrence of the hearings officer, schedule the application for public hearing before the hearings officer; provided, the zoning administrator may present the appeal to the board to determine if the board wishes to assume jurisdiction. The zoning administrator shall provide notice of the hearing as prescribed in Chapter 16.44 MCC. [Ord. 1170 § 4, 2002; Ord. 863 § 5, 1990. UZ Ord. § 37.10.]