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so designated throughout the Development Code are reviewed under the Type III process based on the requirements and criteria for each
set forth in other sections of this Code. Examples of these
include:
∙ Quasi-Judicial Zoning Map
with review by Planning Commission and approval by City
∙ New
Permit or Major Modification of
Permit
∙ Certain types of Design Review
∙
∙ Elevation by
of a Type II permit
∙ Preliminary Plan for Planned
∙ Demolition or relocation of a
∙ Certain types of alterations of a
∙
∙ Removal of
from the Register
∙ Certain Types of Wireless Communication Facilities
Any
that is not specifically designated in the Code as being under one of the four review processes, and which the
determines is similar in impact and scope to other Type III
, shall be processed as a Type III
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
Notice of the public hearing on Type III
shall be provided in accordance with the provisions of O.R.S. 197.763 and as follows:
A. Notice shall be published in a newspaper of general circulation at least seven days before the hearing.
B. Notice shall be posted in three conspicuous public places in the
at least 20 days before the hearing.
C. Notice shall be sent by mail at least 20 days before the hearing to:
1. The
or representative;
2. All property owners of record within 300 feet of the boundaries of the subject property;
3. Any recognized
;
4. Any public agency or utility whose property, services or facilities may be affected by the proposed
. The
shall determine the extent of notice to public agencies or utilities based on cooperative agreements, perceived interest or impact.
D. The
shall also post the subject property with a Notice of
in conformance with posting requirements set forth by City
resolution.
Failure to receive notice shall not invalidate a decision if a good faith attempt was made to notify all
entitled to notice. A certificate of mailing issued by the
conducting the mailing shall be conclusive evidence of a good faith attempt to contact all
listed in the certificate.
(Ord. 2009-01, passed 3-9-2009; Ord. 2020-05, passed 11-9-2020)
The public notice shall contain:
A. The name of the
or representative and
case file number;
B. A description of the subject property to inform the reader of its location;
C. A concise description of the proposed
action and a listing of review criteria;
D. A statement that the complete
, standards and other information are available at City Hall for review, and the phone number of a
contact
;
E. Designation of the
(e.g., Planning Commission, Design Review Commission, Historic Landmarks Board and Community Forestry Commission) and the time, date and place of the hearing;
F. A statement that all interested
may appear and provide testimony and that only those making an appearance of record shall be entitled to
; and
G. A statement that a copy of the staff report will be available for inspection at least seven days prior to the hearing.
(Ord. 2009-01, passed 3-9-2009)
Written notice of the decision shall be provided within 14 days of the decision to the
and all
who submitted comments orally or in writing.
The notice of the decision shall clearly set forth deadlines, criteria and fees for filing an
, and shall contain all of the information set forth in § 17.1.535A. through D.
(Ord. 2009-01, passed 3-9-2009)
A Type III decision may be appealed only if, within 14 calendar days after written notice of the decision is provided to the
:
A. A
files an
petition, identifies the specific issues being appealed, and pays the required fee; or
B. The City
directs that an
be initiated within the 14-day
period.
The City
shall consider
of Type III decision by conducting an
hearing on the record. Only issues in the record, whether raised in writing or orally, shall be raised before the City
and the hearing may be limited only to those issues raised in the
petition.
Notice of the
hearing shall be provided to all
who participated in the initial hearing and requested notice.
Written notice of the decision on the
shall be provided to all
to the proceeding within seven days of the
decision.
The decision of the City
on an
is the
’s
.
(Ord. 2009-01, passed 3-9-2009)
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