§ 153.205 PURPOSE AND APPLICABILITY.

   (A)   Purpose. The purpose of this subchapter 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 153.205 provides a key for determining the review procedure and the decision-making body for particular approvals.

   (B)   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 subchapter. 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 divisions (B)(1) through (B)(4) below. Table 153.205 lists the city’s land use and development approvals and corresponding review procedure(s).

      (1)   Type I procedure (staff review, zoning checklist). Type I decisions are made by the City Planning Official, or his or her 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).

      (2)   Type II procedure (administrative/staff review with notice). Type II decisions are made by the City Planning Official with public notice and an opportunity for appeal to the Planning Commission. Alternatively, the City Planning Official may refer a Type II application to the Planning Commission for review in a public meeting.

      (3)   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.

      (4)   Type IV procedure (legislative review).

         (a)   The Type IV procedure applies to the creation, revision or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, annexation and comprehensive plan amendments).

         (b)   Type IV reviews are considered by the Planning Commission, who makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance.

Table 153.205 Summary of Approvals by Type of Review Procedure
Approvals*	Review Procedures	Applicable Regulations
Access to a street	Type I	§§ 153.140 through 153.142 and the standards of the applicable roadway authority (city/county/ODOT)
Annexation	Type IV	See ORS Chapter 222
Code interpretation	Type II or III	§ 153.005
Code text amendment	Type IV	§§ 153.295 through 153.299
Comprehensive plan amendment	Type IV	§§ 153.295 through 153.299
Conditional use permit	Type III	§§ 153.265 through 153.268
Home occupation	No permit, except when required by §§ 153.310 through 153.314
Legal lot determination	Type I	§ 153.003
Modification to approval or condition of approval	Type I, II or III	§§ 153.280 through 153.283
Nonconforming use or structure, expansion of	Type I, II or III	§ 153.004
Partition or re-plat of 2-3 lots
Final plat	Type II**	§§ 153.245 through 153.254
Preliminary plat	Type III	§§ 153.245 through 153.254
Property line adjustments, including lot consolidations	Type I	§§ 153.245 through 153.254
Site plan review	Type II or III	§§ 153.225 through 153.231
Subdivision or replat of >3 lots
Final plat	Type II**	§§ 153.245 through 153.254
Preliminary plat	Type III	§§ 153.245 through 153.254
Temporary use	Type I/II/III	See Table 153.022
Variance
Major	Type III	§§ 153.310 through 153.314
Minor (adjustment)	Type II	§§ 153.310 through 153.314
Zoning checklist review	Type I	Applicants are required to complete a zoning checklist before applying for any other permit or approval (see § 153.206
Zoning district map change	Type III or IV	§§ 153.295 through 153.299
* The applicant may be required to obtain building permits and other approvals (e.g., signs, public improvement plans, plumbing, electrical, structural, floodplain development and the like) through the State Building Official and/or 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 chapter. ** Final plats are reviewed by the Planning Commission through the Type II procedure.

 

(Ord. 1267, passed 1-3-2012)