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§ 17.1.605 TYPE III APPLICATIONS AND APPROVAL CRITERIA.
    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)
§ 17.1.610 NOTICE.
   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)
§ 17.1.615 NOTICE CONTENT.
   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)
§ 17.1.620 DECISION AUTHORITY.
   The appropriate commission shall make all Type III decisions. After review of all evidence submitted into the record the designated review authority may, approve with conditions or deny all or part of the .
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.625 ANNOUNCEMENT OF DECISION.
   No Type III decision is final for the purposes of until it has been reduced to writing and signed by the designated review authority or its designee. The may announce a tentative decision at the close of the public hearing.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.630 BASIS FOR DECISION.
   The approval or denial of any Type III land   shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth within this Code.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.635 NOTICE OF DECISION.
   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)
§ 17.1.640 APPEALS.
   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 .
Figure 1-3: Type III Process
 
(Ord. 2009-01, passed 3-9-2009)
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