The review of applications received under the provisions of this chapter shall be conducted according to the following procedures.
(A) Procedure for action by the City Planner on applications not subject to notification requirement.
(1) The property owner or authorized agent shall submit an application to the city.
(2) Upon determination that the application is complete, the city may refer the application to affected cities, districts, local, state, or federal agencies for comments.
(3) Within ten days of determining an application is complete, or such longer period as mutually agreed to by the city and the applicant, the city shall approve, deny, or at the City Planner’s discretion, refer the application to the Planning Commission for consideration. The applicant shall be notified in writing of the City Planner’s action.
(4) All actions of the City Planner may be appealed to the Planning Commission pursuant to § 152.208(A) of this subchapter.
(5) The City Planner shall refer applications for permits set forth in § 152.203, time extension requests, and any others that require additional review, to the Planning Commission after deeming them complete.
(B) Procedure for action by the City Planner on applications subject to notification requirement. A decision shall be consistent with applicable provisions of the Comprehensive Plan and land use regulations.
(1) The property owner or authorized agent shall submit an application to the city. Each application shall include a map showing the subject property, tax lot, and legal description. Additionally, the application shall include the location of all connections to off-site facilities, such as, sewage, drainage, public roads, or easements.
(2) Upon determination that the application is complete, the City Planner may refer the application to affected districts, local, state, or federal agencies for comments.
(3) Within 60 days, but not less than 14 days, of determining an application is complete, or such longer period as mutually agreed to by the city and the applicant, the city shall approve, deny, or at the City Planner’s discretion, refer the application to the Planning Commission for consideration. The applicant shall be notified in writing of the City Planner’s action.
(4) Notice shall be mailed to owners of property within 100 feet of the entire contiguous site for which the application is made, informing them that they may submit written comments to the City Planner. The city shall undertake the mailing such that property owners will have 14 days prior to the meeting to submit written comments.
(5) The notice shall also include the following:
(a) An explanation of the nature of the application and the use or uses that could be authorized;
(b) The applicable criteria for the decision, by commonly used citation;
(c) A brief summary of the decision-making process;
(d) The street address, or other easily understood geographical reference, of the subject property;
(e) The place, date, and time that comments are due;
(f) The name and phone number of a city contact person; and
(g) A statement that indicates that issues which may provide the basis for an appeal to the Land Use Board of Appeals (LUBA) shall be raised in writing prior to the expiration of the comment period and must be set forth with sufficient specificity to enable the City Planner to respond to the issue.
(6) Written notice of the decision shall be provided to the applicant and any person who submits written comments under division (B)(4) above. The notice shall include an explanation of the appeal process to the Planning Commission as set forth in § 152.208(A) of this subchapter.
(C) Procedure for land use decisions subject to a Planning Commission hearing. A land use decision shall be consistent with applicable provisions of the Comprehensive Plan and land use regulations.
(1) The property owner or authorized agent shall submit an application or appeal to the city.
(2) Within five days of determining the application or appeal complete, the city shall schedule the matter for public hearing before the Planning Commission.
(3) Upon determination that the application or appeal is complete, the city may refer the application to affected cities, districts, and local, state, or federal agencies for comments.
(5) Written testimony shall be submitted to the city a minimum of 24 hours in advance of the meeting in order to be copied and distributed to the Planning Commission. Any person may attend the hearing and provide testimony.
(6) Decision of the Planning Commission may be appealed to the City Council pursuant to § 152.208(B) of this subchapter.
(D) Effective date of decision. A decision is effective when signed by the representative of the reviewing body, if there is no local appeal within the appeal period allowed by this chapter, the decision is final at the expiration of the appeal period. The decision of the City Council is final when signed by the Mayor or the Mayor’s designee.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010; Ord. 325-20, passed 7-7-2020)