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Applications subject to administrative review shall be reviewed and decided by the city manager/recorder.

A.

Upon receipt of an application for a Type I land use action, the city staff shall review the application for completeness.

1.

Incomplete applications shall not be reviewed until all required information has been submitted by the applicant.

2.

If incomplete, the applicant shall be notified and provided additional time of up to thirty (30) days to submit supplemental information as necessary.

B.

The application shall be deemed complete either:

1.

Upon receipt of the additional information; or, if the applicant refuses to submit the information;

2.

On the thirty-first day after the original submittal the application shall be deemed complete for review purposes.

C.

Referrals may be sent to interested agencies such as city departments, the school district, utility companies, and applicable state agencies. If a county road or state highway might be affected, referrals should be sent to Marion County Public Works and/or ODOT.

D.

All permits requiring physical alteration of any land illustrated on the NWI/LWI maps shall be referred within thirty (30) days of receipt to the Oregon Division of State Lands. The applicant shall be notified of the referral.

E.

If the staff finds the facts of the particular case require interpretation of existing standards, then the application shall be processed as a Type II decision.

F.

Within thirty (30) days of receipt of a complete application or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria.

G.

Written notice shall be mailed to the applicant.

H.

A Type I land use decision may be appealed by the applicant to the city council. The appeal shall be filed, pursuant to the provisions of Chapter 17.192, within ten (10) days from the date of the decision.

I.

The timing requirements established in this chapter are intended to allow a final action, including resolution of any appeals, within one hundred twenty (120) days of receipt of a complete application. If for any reason it appears that such final action may not be completed within the one-hundred-twenty-day period, unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this title:

1.

The city staff shall notify the city council of the timing conflict by the ninety-fifth day. The city council shall, in accordance with its own procedures, set a time for an emergency meeting within the one-hundred-twenty-day period.

2.

Public notice shall be mailed to affected parties as specified in Chapter 17.180.

3.

The city council shall hold a public hearing on the specified date, in accordance with the provisions of Chapter 17.188 and render a decision approving or denying the request within the one-hundred-twenty-day period.

(Ord. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

A.

Upon receipt of an application for Type II or Type III land use action, the city staff shall review the application for completeness.

1.

Incomplete applications shall not be scheduled for Type II or Type III review until all required information has been submitted by the applicant.

2.

If incomplete, the applicant shall be notified and provided additional time of up to thirty (30) days to submit supplemental information as necessary.

B.

The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either:

1.

Upon receipt of the additional information; or, if the applicant refuses to submit the information;

2.

On the thirty-first day after the original submittal the application shall be deemed complete for scheduling purposes only.

C.

Applications for more than one Type II or Type III land use action for the same property may, at the applicant's discretion, be combined and heard or reviewed concurrently.

D.

Referrals may be sent to interested agencies such as city departments, the school district, utility companies, and applicable state agencies. If a county road or state highway might be affected, referrals should be sent to Marion County Public Works and/or ODOT.

E.

All subdivisions, permits for new structures, conditional use permits and planned unit developments on any land illustrated on the NWI/LWI maps shall be referred within five days of receipt to the Oregon Division of State Lands. The applicant shall be notified of the referral.

F.

The public hearing shall be scheduled and notice shall be mailed to the applicant and adjacent property owners. Notice requirements shall comply with Section 17.180.020.

G.

Staff shall prepare and have available within seven days of the scheduled hearing a written recommendation concerning the proposed action. This report shall be mailed to the applicant and be available at City Hall for all interested parties.

H.

The public hearing before the council shall comply with the provisions in Chapter 17.184.

I.

Approvals of any Type II or Type III action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals:

1.

Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following:

a.

Protection of the public from the potentially deleterious effects of the proposed use; or

b.

Fulfillment of the need for public service demands created by the proposed use.

2.

Changes or alterations of conditions shall be processed as a new administrative action.

3.

Whenever practical, all conditions of approval required by the city shall be completed prior to the issuance of an occupancy permit. When an applicant provides information which demonstrates to the satisfaction of the council that it is not practical to fulfill all conditions prior to issuance of such permit, the council may require a performance guarantee as provided in Chapter 17.204.

J.

The applicant shall be notified in writing of the council's decision. In addition, notice of the council's decision shall be mailed to individuals, who request such notice at the public hearing, or, by those individuals who submitted a written request for notice prior to the public hearing.

K.

Either the applicant or persons receiving notice of the decision may appeal a type II land use decision. Appeal of the decision is to the land use board of appeals (LUBA).

L.

The timing requirements established by this chapter are intended to allow a final action, including resolution of appeals for all land use actions within one hundred twenty (120) days of receipt of a complete application, except for type III actions. If for any reason it appears that such final action may not be completed within the one hundred twenty (120) day period, unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this title:

1.

The city staff shall notify the city council of the timing conflict by the ninety-fifth (95th) day. The city council shall, in accordance with its own procedures, set a time for an emergency meeting within the one hundred twenty (120) day period.

2.

Public notice shall be mailed to affected parties as specified in Chapter 17.180.

3.

The city council shall hold a public hearing on the specified date, in accordance with the provisions of Chapter 17.188 and render a decision approving or denying the request within the one hundred twenty (120) day period.

(Ord. 17-2003 § 1 (part))

Written notice of any Type I decision shall be mailed to the applicant.

(Ord. 17-2003 § 1 (part))

A.

Notice of any public hearings before the city council for a Type II or Type III land use action required by this title shall be given at least twenty (20) days prior to the public hearing.

B.

Written notice of the initial public hearing shall be mailed at least twenty (20) days prior to the hearing date to the owners of property one hundred (100) feet of the boundaries of the subject property. Applicants shall be responsible for providing a certified list of property owners within the notice area prepared by Marion County or a title company. The list must be current within the last thirty (30) days.

(Ord. 17-2003 § 1 (part))

A.

Where a Type IV action is scheduled, a ten (10) day published notice shall be required.

B.

In addition, written notice of the first public hearing shall be mailed at least twenty (20) days but not more than forty (40) days prior to the hearing date to all owners of property within the city whose property would be rezoned by a Type IV action that amends or adopts new provisions to this development code, limit or prohibit land uses previously allowed in an affected zone. If the Type IV action is pursuant to a requirement of periodic review, notice shall be mailed at least thirty (30) days prior to the first public hearing.

C.

If the Type IV action is zone change that includes all or part of a mobile home or manufactured dwelling park as defined in ORS 446.003, written notice shall be provided to each existing mailing address for tenants of the mobile home or manufactured dwelling.

(Ord. 17-2003 § 1 (part))

Notice of hearings on appeal to the city council shall be pursuant to Section 17.180.020, and shall include written notice at least ten (10) days prior to hearing to the appellant, the applicant and any other individuals who received notice of the original decision.

(Ord. 17-2003 § 1 (part))

A.

Public notices for Type II and Type III actions shall:

1.

Explain the nature of the application and the proposed use or uses that could be authorized;

2.

Cite the applicable criteria from the ordinance and the plan that apply to the application at issue;

3.

Set forth the street address or other easily understood geographical reference to the subject property;

4.

State the date, time and location of the hearing;

5.

State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the land use board of appeals;

6.

Include the name of the city representative to contact and the telephone number where additional information may be obtained;

7.

State that a copy of the application, all documents and evidence relied upon by the applicant and application criteria are available for inspection at no cost and a copy will be available at reasonable cost;

8.

State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and a copy will be provided at reasonable cost; and

9.

Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearing.

B.

Public notices for Type IV actions shall be approved in advance by the city council and:

1.

Include the following language in boldfaced type extending from the left-hand margin to the right-hand margin across the top of the face page of the notice: "This is to notify you that the city of Gervais has proposed a land use regulation that will affect the permissible uses of your land."; and

2.

Include in the body of the notice:

3.

If notice is pursuant to a requirement of periodic review, the body of the notice shall include in lieu of (2) above:

(Ord. 17-2003 § 1 (part))

A.

Land use actions that require a public hearing by the city council shall be initially heard by the council within sixty (60) days of the receipt of an application or appeal.

B.

The city council may continue a public hearing for additional information, testimony or for decision, to its next regular meeting or to a special meeting. In no instance, however, shall the decision be continued more than sixty (60) days beyond the initial hearing date.

C.

Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing.

D.

The decisions of the city council on applications shall be final unless appealed to the Oregon land use board of appeals (LUBA) in the manner provided in state statutes.

E.

An issue that may be the basis for an appeal to the land use board of appeals (LUBA) may be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the city. Such issues shall be raised with sufficient specificity so as to afford the city council, and the parties, an adequate opportunity to respond to each issue.

F.

Appeal of a Type I action shall be heard by the city council in accordance with provisions of Chapter 17.192. Findings of the city council on such appeal shall be, unless appealed to the Oregon land use board of appeals (LUBA), in the manner provided in state statutes.

(Ord. 17-2003 § 1 (part))

A.

The public hearing shall be conducted under the following procedures:

1.

Open the public hearing.

2.

A prepared statement shall be made to all in attendance that conforms to ORS 197.763 (5).

3.

Ask for objections to jurisdiction.

4.

Call for abstentions.

5.

Staff report with initial recommendation.

6.

Letters.

7.

Public agencies.

8.

Proponents' testimony:

a.

Principal.

b.

Others.

9.

Opponents' testimony.

10.

Questions of proponents and opponents from the floor and council directed through mayor.

11.

Proponent rebuttal.

12.

Staff final recommendation.

13.

Close of hearing.

14.

Deliberation of council of findings of fact.

15.

Decision.

(Ord. 17-2003 § 1 (part))

A.

All evidence offered and not objected to may be received unless excluded by the city council on its own motion. Evidence may be received subject to a later ruling as to its admissibility.

B.

The city council may exclude irrelevant, unduly repetitious, immaterial or cumulative evidence; but erroneous admission of evidence by the council shall not preclude action or cause reversal on appeal unless shown to have substantially prejudiced the rights of a party. When a hearing will be expedited, any part of the evidence may be received in written form.

C.

All evidence shall be offered and made a part of the public record in the case.

D.

The city council may take notice of judicially recognizable facts, and members may take notice of general, technical or scientific facts within their specialized knowledge. Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of the material so noticed. Parties shall be afforded an opportunity to contest the facts so noticed. The council members may utilize their experience, technical competence and specialized knowledge in evaluation of the evidence presented.

E.

Every party is entitled to an opportunity to be heard and to present and rebut evidence.

F.

All interested persons shall be allowed to testify.

(Ord. 17-2003 § 1 (part))

A verbatim record of the proceeding shall be made by written, mechanical or electronic means, which record need not be transcribed except upon review of the record.

(Ord. 17-2003 § 1 (part))

The mayor may set consistent, reasonable time limits for oral presentations to the end that parties are encouraged to submit as much evidence as possible in writing prior to the hearing.

(Ord. 17-2003 § 1 (part))

All exhibits received shall be marked so as to provide identification upon review. The city shall retain such exhibits.

(Ord. 17-2003 § 1 (part))

The city council may during the course of the hearing, continue a hearing to a date, time and place announced at the hearing without additional notification.

(Ord. 17-2003 § 1 (part))

The decision of the city manager/recorder shall be final for a Type I land use decision unless a notice of appeal from an appropriate aggrieved party is received by the city within ten (10) days of the date of the final written notice, or unless the city council, on its own motion, orders review within ten (10) days of initial action. An appeal stays the proceedings in the matter appealed until the determination of the appeal.

(Ord. 17-2003 § 1 (part))

Appeal requests shall be made on forms provided by the city and shall state the alleged errors in the city manager/recorder's action.

(Ord. 17-2003 § 1 (part))

A.

Notice of hearings by the city council on appeal requests shall be as specified in Chapter 17.180.

(Ord. 17-2003 § 1 (part))

Following denial of an initial application, an applicant may submit a supplemental application for remaining permitted uses.

A.

A person whose application for a permit is denied by the city may submit to the city a supplemental application for any or all other uses allowed under the city's comprehensive plan and land use regulations in the zone that was the subject of the denied application.

B.

The city or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within two hundred forty (240) days after the application is deemed complete. Except that two hundred forty (240) days shall substitute for one hundred twenty (120) days, all other applicable provisions of ORS 227.178 ("The one hundred twenty (120) Day Rule") shall apply to a supplemental application submitted under this section. See Section 17.176.010.

C.

A supplemental application submitted under this section shall include a request for any rezoning or variance that may be required to issue a permit under the city's comprehensive plan and land use regulations.

D.

The city shall adopt specific findings describing the reasons for approving or denying:

1.

A use for which approval is sought under this section; and

2.

A rezoning or variance requested in the application.

(Ord. 17-2003 § 1 (part))

Fees are for the purpose of defraying administrative costs.

(Ord. 17-2003 § 1 (part))

A.

Fees shall be payable at the time of application and shall be set forth by resolution of the city council. There shall be no fee required for an application initiated by the city council.

B.

The failure to submit the required fee with an application or notice of appeal, including return of checks unpaid or other failure of consideration, shall be a jurisdictional defect.

C.

Fees are not refundable unless the application is withdrawn prior to the notification of the hearing.

D.

The city council may reduce or waive the fees upon showing of just cause to do so.

(Ord. 17-2003 § 1 (part))

In addition to other fees for appeal requests, any person requesting a verbatim transcript shall pay a fee equal to the actual cost of the preparation of the transcript. The cost of the transcript fee shall be determined by the cost per page for the preparation of such transcripts, at an appropriate rate.

The city shall estimate the cost of the transcript at the time of the filing of the appeal request and shall receive a deposit in that amount. Any person requesting a verbatim transcript shall be billed for actual costs in excess of the deposit or receive a refund for surplus deposit funds in excess of transcript fees authorized by this chapter.

(Ord. 17-2003 § 1 (part))

Type IV actions are initiated by a majority vote of the city council.

(Ord. 17-2003 § 1 (part))

A.

Initial public hearings by city council.

1.

A public hearing shall be held by the city council on all proposed amendments to this title and on all legislative amendments and revisions of the general plan.

2.

The city council may continue any hearing to make a reasonable decision on the proposed amendments.

B.

Final public hearing by city council.

Following the public hearing the council shall announce its decision on the proposed amendments and and at the same meeting or another meeting consider adoption of the proposed amendment by council ordinance. Notice shall be as specified in Chapter 17.180, public notice requirements.

(Ord. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

When required, the applicant shall file a performance guarantee to insure the full and faithful performance of all terms of an improvement agreement, if any, or to insure completion of all work for which permits are required, by one of the following:

A.

A surety bond executed by a surety company authorized to transact business in the state of Oregon, in a form approved by the city attorney in an amount equal to one hundred twenty (120) percent of the construction cost of required improvements, as verified by the city;

B.

A deposit with the city, or at the option of the city, a verified deposit with a responsible escrow agent or trust company, of cash or negotiable bonds in an amount equal to one hundred twenty (120) percent of the construction costs of the required improvements, together with an agreement that the deposit may be disbursed only upon city approval of disbursement. The agreement shall include a provision that the city shall allow release of the deposit in such amounts and at such times as a corresponding proportion of the required improvements are completed to the satisfaction of the city engineer following an inspection by the city engineer or the engineer's authorized representative;

C.

An agreement between the city, developer and one or more financial or lending institutions pledging that funds equal to one hundred twenty (120) percent of the construction cost of all required improvements are available to the applicant and are guaranteed for payment for the improvements. An irrevocable letter of credit is acceptable; or

D.

An agreement between developer and city that no building permits for any structures within the subdivision will be issued until the applicant has completed all improvements and accepted by the city. Such agreement shall be in a form approved by the city attorney and recorded in the deed records of Marion County.

(Ord. 17-2003 § 1 (part))

If the applicant fails to complete all improvements required by the city, the city shall estimate the cost of completing any required improvement(s). The city shall then call on the bond or deposit for the funds necessary to complete the improvement. If the amount obtained from the bond or deposit is insufficient to complete the improvement, or no bond or deposit was obtained, the city may either hold the collected funds until additional funds are available from the applicant, or the city may perform improvement on a portion of the improvement as determined reasonable.

Following final inspection of the improvement, and if the bond or deposit exceeds the actual cost to the city of completing the improvement, the remainder shall be released. If collected funds were inadequate to compensate the city for all reasonable costs, then the city may pursue all legal and appropriate remedies to collect any funds due to the city. These remedies shall include placing a lien on the real property where the city paid improvement was performed. Funds payable to the city shall also be a personal debt and obligation of the owner.

(Ord. 17-2003 § 1 (part))

If public improvements are required as a condition of approval of an action under this title, such improvements shall be the obligation of the applicant but may, be deferred by the city.

The improvements may be deferred on all or a portion of the public improvements required as a part of the condition of approval under this title, until a stated time such as the owner applies for a building permit or certificate of occupancy, or until required by council, whichever is earlier. A property owner seeking deferral under this title shall sign an improvement deferral agreement that runs with the property, until owner installs the improvements or until such improvements are required by city council. Said agreement shall be in a form approved by the city attorney and shall be filed in the office of the city recorder.

In lieu of an improvement deferral agreement, the council may require of non-remonstrance agreement. Such an agreement would run with the property until the city installs the improvements and assesses the property owner the cost of the improvements.

(Ord. 17-2003 § 1 (part))

Compliance with conditions imposed by the city manager/recorder or city council in granting a permit for any land use action shall be required. Any departure from these conditions of approval and approved plans constitutes a violation of this title.

(Ord. 17-2003 § 1 (part))

A.

The city manager/recorder may initiate a revocation of any land use permit or approval issued for failure to comply with any prescribed condition of approval. The hearing shall be conducted as a Type II hearing and in accordance with the procedures for a Type II hearing.

B.

Final decisions regarding general plan text or map amendments, development code text amendments or zone changes shall not be subject to revocation.

(Ord. 17-2003 § 1 (part))