A. Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria and include zoning approval for single-family dwellings and final subdivision and planned unit development plans generally in conformance with approved preliminary plans. The city administrator issues a type I decision. Type I decisions are not conditional use or limited land use decisions. There is no right to approval of a type I decision.
B. Type II decisions involve the exercise of limited interpretation and discretion in evaluating approval criteria. Applications evaluated through this process are assumed to be allowed in the underlying district. The review focuses on what form the use will take or how it will look. Notice of application and an invitation to comment is mailed to the applicant and property owners within one hundred feet (100'). When the application pertains to a parcel or parcels in the I-82/U.S. 730 interchange area management plan (IAMP) management area, the city shall provide written notification to ODOT when the application is deemed complete. The city administrator accepts comments for fourteen (14) days and renders a decision. The city administrator's decision may be appealed to the planning commission by any party with standing (i.e., the applicant and any party who submitted comments in writing during the 14 day period). The planning commission's decision is the city's final decision and may be appealed to the land use board of appeals within twenty one (21) days of becoming final. The city administrator issues a type II decision.
C. Type III decisions involve the greatest amount of discretion and evaluation of subjective approval standards. Applications evaluated through this process include conditional use permits, preliminary planned unit development plans, variances, code interpretations, and similar determinations (the process for these land use decisions is controlled by Oregon Revised Statutes 197.763). Notice of the application and the planning commission hearing is published in the newspaper of record and mailed to the applicant, property owners within one hundred feet (100'), and interested agencies. When the application pertains to a parcel or parcels in the I-82/U.S. 730 interchange area management plan (IAMP) management area, the city shall provide written notification to ODOT when the application is deemed complete. Notice must be issued at least twenty (20) days before the hearing and the staff report must be available at least seven (7) days before the hearing. At the hearing held before the planning commission, all issues must be addressed. The planning commission's decision may be appealed to the city council. The city council's decision is the city's final decision and may be appealed to the land use board of appeals.
D. Type IV decisions include only annexations and both legislative and quasi-judicial amendments to the comprehensive plan text and map or to the zoning ordinance text and map. These applications involve the greatest amount of discretion and evaluation of subjective approval criteria. The process for these land use decisions is controlled by Oregon Revised Statutes 197.763. Notice of the application and planning commission hearing is published and mailed to the applicant, property owners within one hundred feet (100'), and interested agencies. When the application pertains to a parcel or parcels in the I-82/U.S. 730 interchange area management plan (IAMP) management area, the city shall provide written notification to ODOT when the application is deemed complete. Notice must be issued at least twenty (20) days before the hearing and the staff report must be available at least seven (7) days before the hearing. The planning commission's decision is a recommendation to the city council. Notice is given for the city council hearing as for the planning commission hearing. The city council's decision is the final decision and may be appealed to the land use board of appeals.
SUMMARY OF THE APPROVAL PROCESS
Permit Type | I | II | III | IV |
Permit Type | I | II | III | IV |
Site review1 | X | |||
Review of a single-family dwelling or duplex for zoning compliance | X | |||
Conditional use permit | X | |||
Planned unit development | X | |||
Adjustment | X | |||
Variance | X | |||
Subdivision (see title 11 of this code) | X | |||
Final plat for subdivision or planned development | X | |||
Code interpretation or use determination | X | |||
Comprehensive plan amendment or zone change | X | |||
Annexation | X | |||
Verification of nonconforming status | X | |||
Revocation of permit | X | |||
Appeal of a type II design | X | |||
Appeal of a type III quasi-judicial decision | X | |||
Note:
1. Site review may be included with a type III review for conditional use permit, planned unit development, or other permit.
(Ord. 688, 6-15-1999; amd. Ord. 766, 12-6-2011; Ord. 840, 9-3-2019)