Gladstone City Zoning Code
DIVISION VII
ADMINISTRATIVE PROCEDURES
17.90.010 Administrative actions generally.
An “administrative action” means a proceeding in which the legal rights, duties or privileges of specific parties under general rules or policies provided under ORS 215.010 to 215.233 and 215.402 to 215.422 or any ordinance, rule or regulation adopted pursuant thereto, are required to be determined only after a hearing at which specific parties are entitled to appear and be heard; or designated as an administrative action by rule or order of the City Council.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2 (pan), 1990.
17.90.020 Initiation of administrative action.
(1) An administrative action, unless otherwise specifically provided for by this title, may only be initiated by the following:
(a) Order of the City Council; or
(b) A majority of the whole Planning Commission; or
(c) Request of the City Administrator or his designee; or
(d) Petition of the owner, contract purchaser, option holder or agent of the owner of the property in question.
(2) Actions initiated under subsection (1 )(d) of this section shall be filed with the city and shall contain such information as the city deems necessary to indicate the nature of the action applied for. If initiated by an agent or option holder, the written consent of the owner of the property shall accompany the application.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1264 §1, 1998; Ord. 1323 §1, 2002.
17.90.030 Pre-application conference.
(1) With respect to actions initiated by a property owner, contract purchaser, option holder or agent of the owner, the applicant or his authorized representative shall meet and confer with the City Administrator or designee in a pre-application conference, at which time views may be exchanged as to the requisites for formal application and the feasibility of approval may be discussed.
(2) The City Administrator or designee may waive the requirement for a pre-application conference.
(3) Any opinion expressed by the City Administrator or designee during a pre-application conference is advisory in nature, and is subject to change upon official review of the application.
Statutory Reference: ORS Ch. 197 and 227
17.90.040 Administration.
17.90.050 Conformance required for issuance of permit.
17.90.060 Forms of petitions, applications and appeals.
(1) City Form Required. Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the city.
(2) Submittal Requirements. Applications shall be accompanied by plans and specifications drawn to scale, showing:
(a) the actual shape and dimensions of the lot to be built upon;
(b) the sizes and locations on the lot of all existing and proposed structures;
(c) the intended use of each structure, the number of families, if any, to accommodate thereon;
(d) the relationship of the property to the surrounding area; and
(e) such other information as is needed to determine conformance with this title; and
(f) a narrative description addressing the appropriate criteria.
(3) An application shall be deemed incomplete unless all required information is submitted with the application.
(4) The City Administrator or designee may require additional information to aid in reviewing the application.
(5) The City Administrator or designee may waive any requirement for information if it is deemed not necessary or not applicable.
(6) An applicant may apply at one time for all administrative actions pertaining to a development, to the extent allowed by state law.
Statutory Reference: ORS Ch. 197 and 227
17.90.080 Application fees.
Applications shall be accompanied by the required fees as set by the City Council.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990.
17.90.090 Investigations and reports.
17.90.120 Changes to an approval.
17.90.130 Denial—Resubmittal.
If an application is denied, the same or substantially similar application may not be resubmitted within one (1) year of the date of the final decision unless there has been a substantial change in the facts, standards or laws surrounding the application.
Statutory Reference: ORS Ch. 197 and 227
17.90.140 Conditions of approval.
Approval of an administrative action may be subject to such conditions as are reasonably necessary to protect the public health, safety or general welfare from potentially deleterious effects of the proposed use, or to fulfill public service demands created by the proposed use.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1323 §1, 2002.
17.92.010 Appeal to Planning Commission.
An appeal from a ruling or interpretation of the City Administrator or designee regarding a requirement of this title may be made only to the Planning Commission and must be accompanied by a filing fee.
(1) The decision of the City Administrator or designee shall become final unless appealed in writing within 15 days of the notice of decision except as provided for in subsection (2) of this subsection.
(a) If appealed, the application shall be reviewed by the Planning Commission at a public hearing.
(b) The decision of the Planning Commission shall be final unless appealed to the City Council.
(2) Middle housing land divisions and expedited land divisions are subject to the appeal process in ORS 197.375. The appeal shall be submitted within 14 days of the City Administrator’s or designee’s mailing of the written decision with a $300.00 deposit for costs. If an appeal is not filed within the 14-day period, the decision of the City Administrator or designee shall be final.
17.92.020 Appeal to City Council.
(1) A decision of the Planning Commission made pursuant to this title may be appealed to the City Council within 15 days after the mailing of the Planning Commission’s written decision.
(2) Written notice of the appeal, along with a filing fee, shall be filed with the city.
(3) The notice of appeal should state in detail the nature of the decision, determination or requirements and the grounds upon which the applicant deems herself/himself aggrieved.
(4) If an appeal is not filed within the fifteen (15) day period, the decision of the Planning Commission shall be final.
(5) If a timely appeal is filed, the City Council shall receive a copy of the Planning Commission’s written decision and shall hold a public hearing on the appeal.
(6) The City Administrator or designee shall summarily reject an untimely filed appeal.
17.92.030 Standing—Who may appeal.
(1) Only parties with standing may appeal.
(2) To have standing to appeal a decision of the Planning Commission to the City Council, a party must have appeared orally or in writing before the Planning Commission.
(3) Signing a petition does not constitute an appearance.
(4) Any party given notice under GMC Subsection 17.94.050(3) may appeal a decision of the City Administrator to the Planning Commission.
17.92.040 Applicant appeal.
(1) If an applicant appeals a decision of the City Administrator or Planning Commission, he/she shall submit the same application to the hearing body, other than changes necessary to effectuate any conditions of approval.
(2) No other view or revision designs or plans will be accepted.
Statutory Reference: ORS Chs. 197 and 227
History: Ord. 1131 §2, 1990.
17.92.050 Form of notice.
(1) The notice of appeal shall contain the following:
(a) A reference to the subject property;
(b) The application number;
(c) The date of the decision appealed from;
(d) The date of the notice of appeal;
(e) A statement of the appellant’s qualification as a party with standing to appeal;
(f) The specific grounds for the appeal.
(2) The notice must be actually received by the City Administrator or recorder or their designee within the time provided or it will be dismissed as untimely.
(3) An appeal stays proceedings on the matter until final determination by the city.
Statutory Reference: ORS Chs. 197 and 227
History: Ord. 1131 §2, 1990.
17.94.010 General provisions.
17.94.020 Notice.
(1) Written notice of quasi-judicial hearings and hearings where the subject is a legislative zone change shall be mailed to the applicant, the owner of the subject property and owners of record as identified on the most recent Clackamas County property tax assessment roll of property located within 250 feet of the subject property. Notice shall also be provided to affected agencies, recognized neighborhood or community organizations whose boundaries include the subject property and affected Dual Interest Area Agreement parties. Notice shall be mailed a minimum of 20 days in advance of the scheduled hearing.
(2) The notice shall contain the following:
(a) An explanation of the nature of the application and the proposed use or uses which could be authorized;
(b) The criteria from this title and the Comprehensive Plan that apply to the application at issue;
(c) The street address or other easily understood geographical reference to the subject property;
(d) The date, time and location of the hearing;
(e) A statement that failure to raise an issue in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue;
(f) The name of the city representative to contact and the telephone number where additional information may be obtained;
(g) A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;
(h) A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and
(i) A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
(j) When a potential for advance financing of public improvements pursuant to GMC Chapter 13.20 is anticipated by either the city or the applicant, the notice shall contain a statement to the effect that property adjacent to the development which might derive benefit from the developer’s public improvements could be subject to advance finance reimbursement as specified in GMC Chapter 13.20. Failure to provide this statement in a notice shall not invalidate the notice.
(3) Failure of the property owner to receive notice shall not invalidate such proceedings if the city can demonstrate by affidavit that such notice was sent. Notice is deemed given when deposited with the U.S. Postal Service.
(4) If the subject of the hearing is a legislative action, notice shall be given by publication in a newspaper of general circulation at least 20 days prior to the hearing before the Planning Commission and 10 days prior to the hearing before the City Council.
(5) Written notice as described in this section shall be provided to residents of manufactured dwelling parks of applications that would change the zone of property which includes all or part of the park in which they reside.
Statutory Reference: ORS Chs. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1141 §1, 1991; Ord. 1171 §1(J), 1993; Ord. 1175 §7, 1993; Ord. 1323 §1, 2002; Ord. 1348, 2004; Ord. 1535 §1 (Exh. A), 2024.
17.94.030 Documents.
(1) All documents or evidence relied upon by the applicant shall be submitted to the city and available for inspection 20 days prior to the hearing.
(2) If additional documents or evidence is provided in support of an application less than 20 days prior to the hearing, any person so requesting shall be entitled to a continuance of the hearing.
Statutory Reference: ORS Chs. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
17.94.040 Hearing procedure.
(1) At the start of a hearing, a statement containing the following shall be made:
(a) The applicable substantive criteria;
(b) Testimony, arguments and evidence must be directed to the criteria in subsection (l)(a) of this section or other criteria in the Comprehensive Plan or this title that the person believes to apply to the decision;
(c) Failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue;
(2) Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. The request shall be granted by continuing the public hearing or leaving the record open for additional written evidence, arguments or testimony.
(a) If a continuance is granted, the hearing shall be continued to a date, time and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments or testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments or testimony for the purpose of responding to the new written evidence.
(b) If the record is left open for additional written evidence, arguments or testimony, the record shall remain open for at least seven days. Any participant may file a written request for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings authority shall reopen the record. If the record is reopened to admit new evidence, arguments or testimony, any person may raise new issues related to the new evidence, arguments, testimony or criteria for decision-making that apply to the matter at issue.
(c) A continuance or extension granted pursuant to this section shall be subject to the limitations of ORS 227.178 and 227.179 unless the continuance or extension is requested or agreed to by the applicant.
(3) Unless waived by the applicant, the applicant shall be allowed at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final submittal shall be considered part of the record but shall not include any new evidence. This seven day period shall not be subject to the limitations of ORS 227.178 and 227.179.
(4) The decision maker shall approve, approve with conditions or deny a land use action. Findings in support of the decision shall be adopted and a written memorandum of the decision shall be mailed to the applicant and any party requesting notice of the decision, provided the party so requested in writing specifying their address.
(5) The Council may remand any land use application to the Planning Commission for further review and recommendation.
(6) In the event of a challenge to the impartiality of any member of the Planning Commission or the City Council, the remaining members shall vote whether to excuse the person so challenged. A majority vote of the nonchallenged members who are present shall control.
17.94.050 City Administrator decisions.
(1) The following types of applications shall be reviewed by the City Administrator or designee and a decision rendered:
(a) Lot line adjustments;
(b) Type I partitions;
(c) Middle housing land divisions, whether submitted pursuant to GMC Chapter 17.32 or 17.34, using the process specified in subsection (5) of this section;
(d) Home occupations;
(e) Water quality resource area determinations pursuant to GMC Section 17.27.020(6);
(f) WQ district permits pursuant to GMC Section 17.27.030(2);
(g) Habitat conservation area permits pursuant to GMC Section 17.25.060(C)(3);
(h) Flood management area pursuant to GMC Section 17.29.070;
(i) Billboard permits;
(j) Adjustments, pursuant to GMC Chapter 17.73;
(k) Alterations, expansions or changes of use of nonconforming uses;
(l) Replats.
(2) An applicant may request that the application be heard directly by the Planning Commission.
(3) Written notice of the City Administrator’s or designee’s decision shall be mailed to the applicant, the owner of the subject property and owners of record, as identified on the most recent Clackamas County property tax assessment roll, of property located within 100 feet of the subject property. Notice shall also be provided to affected agencies, recognized neighborhood or community organizations whose boundaries include the subject property and affected Dual Interest Area Agreement parties.
(4) The notice shall contain the following:
(a) An explanation of the nature of the decision;
(b) An explanation of the nature of the application and the proposed use or uses which could be authorized;
(c) The criteria from this title and the Comprehensive Plan that apply to the application at issue;
(d) The street address or other easily understood geographical reference to the subject property;
(e) The name of the city representative to contact and the telephone number where additional information may be obtained;
(f) A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;
(g) A statement that any person who is adversely affected or aggrieved or who is entitled to written notice under GMC Section 17.94.050(3) may appeal the decision by filing a written appeal pursuant to GMC Section 17.90.060 (Forms of petitions, applications and appeals) and GMC Chapter 17.92 (Appeals);
(h) A statement that the decision will not become final until the period for filing a local appeal has expired; and
(i) A statement that a person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830.
(5) Unless the applicant requests to use the procedures set forth elsewhere in this Code, the following procedure will be used for an expedited land division, as described in ORS 197.360, or a middle housing land division, in lieu of all other procedural requirements described in this Code:
(a) Review Time Frame.
(A) If the application is incomplete, the city shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.
(B) If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
(b) Notice. The city shall provide written notice of the receipt of the completed application for a middle housing land division to any state agency, local government or special district responsible for providing public facilities or services to the development and to owners of property within 100 feet of the entire contiguous site for which the application is made. The notification list shall be compiled from the most recent property tax assessment roll. Notice shall also be provided to any neighborhood or community planning organization recognized by the governing body and whose boundaries include the site. The City Administrator, or designee, shall produce an affidavit of notice.
(c) The notice required under subsection (5)(b) of this section shall:
(A) State:
(i) The deadline for submitting written comments;
(ii) That issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and
(iii) That issues must be raised with sufficient specificity to enable the city to respond to the issue.
(B) Set forth, by commonly used citation, the applicable criteria for the decision.
(C) Set forth the street address or other easily understood geographical reference to the subject property.
(D) State the place, date and time that comments are due.
(E) State a time and place where copies of all evidence submitted by the applicant will be available for review.
(F) Include the name and telephone number of a city contact person.
(G) Briefly summarize the local decision-making process for the decision being made.
(d) After notice under subsections (5)(b) and (5)(c) of this section, the City Administrator or designee shall:
(A) Provide a 14-day period for submission of written comments prior to the decision.
(B) Make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the substantive requirements of the city’s applicable land use regulations. An approval may include conditions to ensure that the application meets the applicable land use regulations. For applications subject to this section, the city:
(i) Shall not hold a hearing on the application; and
(ii) Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes a summary statement explaining the determination. The summary statement may be in any form reasonably intended to communicate the city’s basis for the determination.
(C) Provide notice of the decision to the applicant and to those who received notice under subsection (5)(b) of this section within 63 days of the date of a completed application. The notice of decision shall include:
(i) The summary statement described in subsection (5)(d)(B)(ii) of this section; and
(ii) An explanation of appeal rights.
(e) Appeal of a decision under this subsection (5) shall be as described in GMC Section 17.92.010(2).
Statutory Reference: ORS Chs. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1179 §19(A), 1993; Ord. 1323 §1, 2002; Ord. 1334, §9, 2002, Ord. 1374, 2006; Ord. 1518 §1 (Exh. A), 2022; Ord. 1535 §1 (Exh. A), 2024.
17.94.060 Planning Commission decisions.
(1) A public hearing shall be held before the Planning Commission and a recommendation made by the Planning Commission to the City Council on the following types of applications:
(a) Annexations, unless state or local law does not require a hearing;
(b) Zone changes;
(c) Comprehensive plan amendments;
(d) Amendments to the text of this title, unless the City Council finds that an emergency exists requiring only a hearing before the City Council on the amendment;
(e) Requests for revocation, pursuant to GMC Section 17.94.100 (Revocation of approvals), of previous application approvals granted by the city;
(f) Map amendments pursuant to GMC Section 17.27.080 (Map administration) or GMC Section 17.29.080 (Map administration).
(2) A public hearing shall be held before the Planning Commission on the following types of applications. The Planning Commission’s decision shall be final unless appealed to the City Council.
(a) Variances;
(b) Design review;
(c) Interpretations of this title or the Comprehensive Plan;
(d) Subdivisions;
(e) Type II partitions;
(f) City Administrator decisions appealed pursuant to GMC Section 17.94.050(5);
(g) Conditional uses;
(h) Greenway conditional uses;
(i) FM district variances and appeals pursuant to GMC Section 17.29.090.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1179 §19(B), 1993; Ord. 1323 §1, 2002; Ord. 1334 §9, 2002; Ord. 1349, §1, 2004; Ord. 1524 §2 (Exh. A), 2023; Ord. 1535 §1 (Exh. A), 2024.
17.94.070 City Council decisions.
A public hearing shall be held before the City Council on the types of applications identified in GMC Section 17.94.060(1) and on all Planning Commission decisions appealed to the City Council.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
17.94.080 Action on applications.
(1) Following a hearing, the Planning Commission or City Council may:
(a) Approve the application/recommendation;
(b) Deny the application/recommendation;
(c) Approve the application/recommendation with conditions.
(2) On appeal, the Planning Commission or City Council may modify, delete or add conditions of approval.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002; Ord. 1535 §1 (Exh. A), 2024.
17.94.090 Aggregate resource extraction.
17.94.100 Revocation of approvals.
The City Council may, at any time after reviewing a recommendation from the Planning Commission and conducting a hearing pursuant to this chapter, modify or revoke any prior approval or approval condition it or the Planning Commission has made, for the following reasons:
(1) Material misrepresentation or mistake of fact made on behalf of or by the applicant, whether intentional or unintentional.
(2) A failure to comply with conditions of approval.
(3) A failure to use the premises in accordance with the terms of approval.
(4) A change in state law mandating compliance.
17.96.010 Improvement agreement.
Before a final plat or a final certificate of occupancy is approved by the city, the developer shall either:
(1) Install required improvements and repair existing streets and other public facilities damaged in the development of the property; or
(2) Execute and file with the City Administrator or designee an agreement between himself and the city, specifying:
(a) The period within which required improvements and repairs shall be completed; and
(b) Providing that if the work is not completed within the period specified, the city may complete the work and recover the full cost and expense, together with court costs and attorney fees necessary to collect the amounts from the developer.
(c) The agreement shall also provide for reimbursement to the city for the cost of inspection by the city, which shall not exceed ten percent (10%) of the cost of the improvements to be installed.
(3) Further, the city may require the developer to file a performance bond or other financial guarantee of performance to ensure that a development is constructed according to the approved design plan.
Statutory Reference: ORS Ch. 197 and 227
17.96.020 Financial guarantee of performance.
(1) Type of Bond. When required by the city, the developer shall file with the improvement agreement completed pursuant to GMC Section 17.96.010 (improvement agreement), one of the following:
(a) A surety bond executed by a surety company authorized to transact business in the state on a form approved by the City Attorney;
(b) A personal guarantee co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement on a form approved by the City Attorney;
(c) Cash, or irrevocable letter of credit;
(d) Approved improvement district.
(2) Amount. Such amount shall be for a sum approved by the City Administrator, or designee, as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses, and to cover the cost of city inspection.
(3) Utilization. In the event the developer fails to carry out provisions of the agreement and the city has unreimbursed cost or expenses resulting from such failures, the city shall call on the financial guarantee for reimbursement.
(a) If the amount of the guarantee exceeds the cost and expense incurred by the city, the city shall release the remainder.
(b) If the amount of the guarantee is less than the cost and expense incurred by the city, the developer shall be liable to the city for the difference.
Statutory Reference: ORS Ch. 197 and 227
17.98.010 Enforcement measures.
(1) The city may take action it deems necessary to enforce the provisions of this title, including the institution of injunction, mandamus, abatement citing to Municipal Court or similar proceedings to prevent, enjoining temporarily or permanently abate, or remove the unlawful location, construction maintenance, repair, alteration or use.
(2) Violation of any provision of this title or condition of approval shall be punished by a fine not to exceed $500.00, per offense. The daily fine shall be determined based on the nature, extent, and duration of the violation pursuant to GMC Chapter 1.08. In addition, the City Attorney, upon the request of the City Administrator, shall institute any necessary civil proceedings to enforce compliance with the terms of this section.
(3) Each violation of a separate provision of this title shall constitute a separate offense and each day that violation of this title is committed or permitted to continue shall constitute a separate offense. The City Police Chief has the discretion to determine that violations of this title are civil infractions and are subject to GMC Chapter 1.08.
(4) Whenever the City Administrator has determined, based on substantial evidence, that real property has been developed in violation of this title, the City Administrator, in conjunction with the City Police Chief, may cause a violation notification letter to be mailed by regular and certified mail to the owner of the real property at issue, describing the real property, identifying the nature of the violation, naming the owners thereof, and stating that the violator shall provide evidence that the violation has been eliminated within business 30 days of the date of the violation notification letter. A daily fine will be assessed starting on the thirty-first day from the date of the violation notification letter unless:
(a) A response from the violator received by the City within 30 business days of the date of the violation notification letter provides ample evidence that the violation has been eliminated;
(b) A site visit by the City Police Chief demonstrates that the violation has been eliminated; or
(c) The City Administrator, in conjunction with the City Police Chief, determines that there are no public health and safety issues resulting from the violation and there are extenuating circumstances that justify providing the violator additional time, in excess of 30 business days from the date of the violation letter, to abate the violation. The amount of additional time to be provided to the violator shall be determined in the City Administrator’s sole discretion.
(5) When there is a violation of conditions attached to any land use permit approved pursuant to this title, the City Administrator may initiate a public hearing before the Planning Commission for revocation of the land use approval, pursuant to GMC Section 17.94.100.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1482 §5, 2018.