Application Fees. Fees are for the purpose of defraying administrative costs.

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. With the following exception:

Method of Review. Where a building permit is required, Ministerial Zoning Review shall be conducted during building permit review without public notice and without a public hearing. Where a building permit is not required a written decision shall be provided to an applicant by the development official or designee, without public notice and without a public hearing.

Ministerial Zoning Review Application Requirements.

Criteria and Decision. The development official or designee's evaluation of an application for Ministerial Zoning Review will determine whether minimum Code requirements are met and whether any other land use permit or approval is required prior to issuance of additional permits.

Effective Date and Appeal. Ministerial Zoning Review decisions made by the development official, or their designee, are final. A Ministerial Zoning Review decision is final on the date it is signed or initialed by the development official or designee. There is no opportunity for further local appeal.

Expiration of Approval.

Expiration of Approval by Type. Unless otherwise specifically stated, approvals of all Type I-A, Type I-B, Type I-C, Type II-A and Type II-B applications shall be valid for three years following the effective date of the approval. The approval shall be exercised, as defined under subsection C, within the three-year time period.

Extension Application. Where an extension application and fee have been timely received by the City Recorder, one extension may be granted in accordance with the Type I-B process. Only one extension shall be allowed, and it shall be for no more than an 18-month period.

Exercise of Land Use Approval Generally. Unless otherwise specifically stated, exercising a land use approval shall be subject to the following regulations:

Criteria and Decision. The development official or designee's evaluation of an application for Type I-A approval will determine whether minimum Code requirements are met. After reviewing the application, relevant decision criteria, and relevant Code provisions, the development official or designee shall approve, approve with conditions, or deny the application.

Notice of Action and Appeal Rights. The development official or designee shall mail a copy of the decision and a notice of action to the applicant. The decision and notice of action shall state the applicant is provided a 12-day appeal period, and any appeal shall be in writing and must be received by the City Recorder within the 12-day appeal period.

Effective Date and Appeal. The decision may be appealed to the Planning Commission by the applicant by submitting a written appeal to the City Recorder within 12 days from when the written notice of decision was mailed beginning with the day after the notice was mailed. If no appeal is filed within the 12-day appeal period, the decision becomes effective on the 13th day.

An appeal of a Type I-A decision shall be processed as a Type II-B decision.

The City shall take final action on an application, including the resolution of all appeals within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete:

Upon receipt of an application for a Type I-B, Type I-C, Type II-A, Type II-B, or Type III application and within the shortest applicable period of the following periods, the development official, or their designee shall notify the applicant of if the application contains sufficient information and is complete as of the date of submittal:

If the development official or their designee determines that the application is incomplete, the development official or their designee shall advise the applicant in writing of the necessary missing information. The City shall begin review of the application:

On the 181st day after being first submitted, the application will be void if the applicant has been notified of the missing information, notified of the options under which City review of the application shall begin established in subsections C.1 through 3 of this section, and has not complied with subsections C.1 through 3 of this section.

Upon the written request of the applicant submitted to the development official, the time periods established in Section 12.72.050A of this chapter may be extended to a date certain, but in no case may the total period exceed 245 days.

If the City does not take final action on the application on a Type I-B, Type I-C, Type II-A, Type II-B, or Type III application within the applicable period established in Section 12.72.050A of this chapter, the applicant may proceed with remedies in accordance with ORS 227.179.

Notice Area. The City Recorder, or designee, shall mail a public notice to the applicant and owners of all property within 100 feet of the subject property. Notice and request for comment shall also be provided to any agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Notice Contents. The mailed notice shall:

For purposes of appeal, subsection A, above, shall be deemed met when the City can provide an affidavit or other certification that such notice was given. The mailing list shall be obtained by the City from the current County Assessor's records.

Where a railroad-highway crossing provides or will provide the only access to land that is the subject of an application, the City Recorder, or designee, shall mail notice to the Oregon Department of Transportation, Rail Division, and the railroad company consistent with ORS 197.794.

Except where a land use application would allow a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Oregon Department of Aviation, the City Recorder, or designee, shall mail notice of a land use application to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport" in accordance with ORS 227.175(6).

The City Recorder, or designee, shall mail notice to the Oregon Department of Aviation consistent with ORS 197.183 when the land use application, if approved, would result in a water impoundment larger than one-quarter acre (10,890 square feet) within 10,000 feet of an airport identified in ORS 836.610(1).

The City Recorder, or designee, shall mail notice to transportation agencies, including the Oregon Department of Transportation, when the land use application, if approved, may impact facilities or services under their jurisdiction.

Criteria and Decision. The development official shall consider the application materials and the written comments submitted during the 14-day comment period. The development official or designee may attach conditions in granting an approval if the development official determines the conditions are necessary for the approval criteria to be met, or to mitigate detrimental effects. City staff shall prepare an order approving, approving with conditions, or denying the application. The order shall include findings addressing the relevant criteria of the Development Code. The development official or designee shall sign the order.

Notice of Decision. The City Recorder, or designee, shall mail a copy of the Type I-B-decision to the applicant, and a notice of the decision shall be mailed to the applicant, to parties that submitted written comments during the 14-day comment period, to parties that requested such notice, and, in accordance with ORS 227.175(10)(a)(A), to any person who submits a letter to the City Recorder that was received by the City Recorder before the notice of the decision was mailed stating they are adversely affected or aggrieved by the decision and the reasons therefor.

Notice of Decision Contents. The notice of the decision shall:

Appeals. The Type I-B decision may be appealed to the Planning Commission by a party that received a notice of the decision, or by any person who is adversely affected or aggrieved by the decision, by submitting a written appeal to the City Recorder within 12 days of the day the written notice of decision was mailed beginning with the day after the notice was mailed. If no appeal is filed within the 12-day appeal period, the decision becomes effective on the 13th day.

Where the development official decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

Notice. The City Recorder, or designee, shall provide a request for comments to other agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Where a railroad-highway crossing provides or will provide the only access to land that is the subject of an application, the City Recorder, or designee, shall mail notice to the Oregon Department of Transportation, Rail Division, and the railroad company consistent with ORS 197.794.

Except where a land use application would allow a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Oregon Department of Aviation, the City Recorder, or designee, shall mail notice of a land use application to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport" in accordance with ORS 227.175(6).

The City Recorder, or designee, shall mail notice to the Oregon Department of Aviation consistent with ORS 197.183 when the land use application, if approved, would result in a water impoundment larger than one-quarter acre (10,890 square feet) within 10,000 feet of an airport identified in ORS 836.610(1).

The City Recorder, or designee, shall mail notice to transportation agencies, including the Oregon Department of Transportation, when the land use application, if approved, may impact facilities or services under their jurisdiction.

Criteria and Decision. The development official shall consider the application materials and the written comments provided by impacted agencies. The development official or designee may attach conditions in granting an approval if the development official determines the conditions are necessary for the approval criteria to be met, or to mitigate detrimental effects. City staff shall prepare an order approving, approving with conditions or denying the application. The order shall include findings addressing the relevant criteria of the Development Code. The development official, or designee, shall sign the order.

Notice of Decision. The City Recorder, or designee, shall mail a copy of the Type I-C decision to the applicant.

Notice of Decision Contents. The decision shall:

Appeals. The Type I-C decision may be appealed to the Land Use Board of Appeals by the applicant.

The Development Officials decision is final after the period for filing a notice of intent to appeal to the Oregon Land Use Board of Appeals has expired, provided an intent to appeal was not timely filed. Where the development official decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

Notice Area. The City Recorder, or designee, shall mail a public notice of a public meeting where the application shall be discussed to the applicant and owners of all property within 100 feet of the subject property. Notice and request for comment shall also be provided to any agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Notice Contents. The mailed notice shall.

For purposes of appeal, subsection A, above, shall be deemed met when the City can provide an affidavit or other certification that such notice was given. The mailing list shall be obtained by the City from the current County Assessor's records.

Except where a land use application would allow a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Oregon Department of Aviation, the City Recorder, or designee, shall provide notice of a public hearing on a land use application to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport" in accordance with ORS 227.175(6).

The City Recorder, or designee, shall provide notice to the Oregon Department of Aviation consistent with ORS 197.183 when the land use application, if approved, would result in a water impoundment larger than one-quarter acre (10,890 square feet) within 10,000 feet of an airport identified in ORS 836.610(1).

Where a railroad-highway crossing provides or will provide the only access to land that is the subject of an application, the City Recorder, or designee, shall provide notice to the Oregon Department of Transportation, Rail Division, and the railroad company consistent with ORS 197.794.

The City Recorder, or designee, shall mail notice to transportation agencies, including the Oregon Department of Transportation, when the land use application, if approved, may impact facilities or services under their jurisdiction.

Criteria and Decision. The Planning Commission shall consider the application materials, staff report, and written comments provided in the 14-day comment period. No testimony or additional evidence may be provided during the public meeting except for testimony or additional evidence provided by the applicant at the request of the Planning Commission. The Planning Commission may attach conditions in granting an approval if the Planning Commission determines the conditions are necessary for the approval criteria to be met, or to mitigate detrimental effects to others. The Planning Commission shall pass an oral motion directing staff to prepare a Planning Commission order approving, approving with conditions, or denying the application. The order shall include findings addressing the relevant criteria of the Development Code. The Planning Commission Chair or Vice-Chair shall sign the order.

Notice of Decision. The City Recorder, or designee, shall mail a copy of the Type II-A decision to the applicant, and a notice of the decision shall be mailed to the applicant, to parties who submitted comments in writing during the 14-day comment period, to parties that requested such notice, and, in accordance with ORS 227.175(10)(a)(A), to any person who submits a letter to the City Recorder that was received by the City Recorder before the notice of the decision was mailed stating they are adversely affected or aggrieved by the decision and the reasons therefor.

Notice of Decision Contents. The notice of the decision shall:

Appeals. The Type II-A decision may be appealed to the City Council by a party that received a notice of the decision, or by any person who is adversely affected or aggrieved by the decision, by submitting a written appeal to the City Recorder within 12 days of the day the written notice of decision was mailed beginning with the day after the notice is mailed. If no appeal is filed within the 12-day appeal period, the decision becomes effective on the 13th day.

Where the Planning Commission decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

Notice Area. The City Recorder, or designee, shall mail a public notice of the hearing to the applicant and owners of all property within 100 feet of the subject property at least 20 days before the evidentiary hearing. Notice and request for comment shall also be provided to any agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Notice Contents. The mailed notice shall:

For purposes of appeal, subsection A, above, shall be deemed met when the City can provide an affidavit or other certification that such notice was given. The mailing list shall be obtained by the City from the current County Assessor's records.

Except where a land use application would allow a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Oregon Department of Aviation, the City Recorder, or designee, shall provide notice of a public hearing on a land use application to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport" in accordance with ORS 227.175(6).

The City Recorder, or designee, shall provide notice to the Oregon Department of Aviation consistent with ORS 197.183 when the land use application, if approved, would result in a water impoundment larger than one-quarter acre (10,890 square feet) within 10,000 feet of an airport identified in ORS 836.610(1).

Where a railroad-highway crossing provides or will provide the only access to land that is the subject of an application, the City Recorder, or designee, shall provide notice to the Oregon Department of Transportation, Rail Division, and the railroad company consistent with ORS 197.794.

The City Recorder, or designee, shall mail notice to transportation agencies, including the Oregon Department of Transportation, when the land use application, if approved, may impact facilities or services under their jurisdiction.

Hearing and Decision. At the public hearing, the Planning Commission shall consider the application materials and staff report, and the applicant and interested persons may present testimony relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications that are necessary for approval. The Planning Commission may attach conditions in granting an approval if the Planning Commission determines the conditions are necessary for the approval criteria to be met, or to mitigate detrimental effects to others. The Planning Commission shall pass an oral motion directing staff to prepare a Planning Commission order approving, approving with conditions or denying the application. The order shall include findings addressing the relevant criteria of the Development Code. The Planning Commission Chair or Vice-Chair shall sign the order.

Notice of Decision. The City Recorder, or designee, shall mail a copy of the Type II-B decision to the applicant, and a notice of the decision shall be mailed to the applicant, to parties who participated orally or in writing at the public hearing, to parties that requested such notice, and, in accordance with ORS 227.175(10)(a)(A), to any person who submits a letter to the City Recorder that was received by the City Recorder before the notice of the decision was mailed stating they are adversely affected or aggrieved by the decision and the reasons therefor.

Notice of Decision Contents. The notice of the decision shall:

Appeals. The Type II-B decision may be appealed to the City Council by a party that received a notice of the decision, or by any person who is adversely affected or aggrieved by the decision, by submitting a written appeal to the City Recorder within 12 days of the day the written notice of decision was mailed beginning with the day after the notice is mailed. If no appeal is filed within the 12-day appeal period, the decision becomes effective on the 13th day. The appeals period may be extended beyond 12 days for applications involving relocation or demolition of historic resources.

Where the Planning Commission decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

Notice Area. The City Recorder, or designee, shall mail a public notice for each of the Planning Commission and City Council hearings to the applicant and owners of all property within 100 feet of the subject property at least 10 days before the Planning Commission hearing and 20 days before the City Council hearing. Notice and request for comment shall also be provided to any agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Notice Contents. The mailed notice shall:

For purposes of appeal, subsection A, above, shall be deemed met when the City can provide an affidavit or other certification that such notice was given. The mailing list shall be obtained by the City from the current County Assessor's records.

For a rezoning of a manufactured home park or mobilehome park, the City Recorder, or designee, shall give written notice by first class mail to each existing mailing address for tenants of the manufactured home park or mobilehome park, as provided by the applicant, at least 20 days, but not more than 40 days before the date of the first hearing on the application consistent with ORS 227.175(8).

Where State statute for a proceeding, including, but not limited to, a right-of-way vacation or annexation, requires newspaper notice, the City Recorder, or designee, shall provide newspaper notice consistent with State Statute in addition to any required notice set forth in Section 12.72.050.

Except where a land use application would allow a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Oregon Department of Aviation, the City Recorder, or designee, shall provide notice of a public hearing on a land use application to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport" in accordance with ORS 227.175(6).

The City Recorder, or designee, shall provide notice to the Oregon Department of Aviation consistent with ORS 197.183 when the land use application, if approved, would result in a water impoundment larger than one-quarter acre (10,890 square feet) within 10,000 feet of an airport identified in ORS 836.610(1).

If a railroad-highway crossing provides or will provide the only access to land that is the subject of an application, the City Recorder, or designee, shall provide notice to the Oregon Department of Transportation, Rail Division, and the railroad company consistent with ORS 197.794.

The City Recorder, or designee, shall mail notice to transportation agencies, including the Oregon Department of Transportation, when the land use application, if approved, may impact facilities or services under their jurisdiction.

Planning Commission Hearing. At the public hearing, conducted in accordance with ORS 197.797, the Planning Commission shall consider the staff report, and the applicant and interested persons may present testimony relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications they believe are necessary for approval. The Planning Commission shall pass an oral motion directing staff to prepare a Planning Commission order recommending approval, approval with conditions or denial of the application. The order shall include findings addressing the relevant criteria of the Development Code. The Planning Commission Chair or Vice-Chair shall sign the order. The Planning Commission recommendation shall be included in the staff report to the City Council. The Planning Commission order may be provided, but is not required to be provided, to the applicant and those parties who participated orally or in writing at the public hearing.

The City Council shall conduct a public hearing within 60 days of the signing of the Planning Commission order.

City Council Hearing. At the public hearing, conducted in accordance with ORS 197.797, the City Council shall consider the staff report, and the applicant and interested persons may present testimony relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications they believe are necessary for approval. The City Council shall adopt findings addressing the relevant criteria of the Development Code and in doing so may adopt findings different than the Planning Commission's findings. The City Council may delete, add, or modify any of the provisions pertaining to the application, or attach conditions in granting an approval if the City Council determines the conditions are necessary for the approval criteria to be met or to mitigate detrimental effects.

Type III decisions shall be by passage of a resolution, or an ordinance for amendments to the Comprehensive Plan text or map or to the Development Code text.

Notice of Decision. The City Recorder, or designee, shall mail a copy of a Type III decision to the applicant, and a notice of the decision shall be mailed to the applicant, to parties who participated orally or in writing at the public hearing, to parties that requested such notice in writing, and, in accordance with ORS 227.175(10)(a)(A), to any person who submits a letter to the City Recorder that was received by the City Recorder before the notice of the decision was mailed stating they are adversely affected or aggrieved by the decision and the reasons therefor.

Notice of Decision Contents. The notice of decision shall:

The City Council's decision is final when the resolution or ordinance is signed, and for a resolution it is effective on the day after the period for filing a notice of intent to appeal to the Oregon Land Use Board of Appeals has expired, provided an intent to appeal was not timely filed.

The City Council's decision may be appealed in accordance with ORS 197.830 to 197.845.

Where the City Council decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

Nothing in this Code shall limit the authority of the City Council to make changes in the Comprehensive Plan or Development Code provisions and designations where such changes are legislative actions. The Planning Commission and City Council shall each hold a public hearing on any legislative matter.

Public Notice. The City Recorder, or designee, shall cause a public notice to be published in a newspaper of general circulation for the Planning Commission hearing and the City Council hearing at least 20 days before each hearing. The City Recorder, or designee, shall provide a copy of the newspaper notice for each of the Planning Commission and City Council hearings to the applicant at the time the notice is provided to the newspaper. Notice and request for comment shall also be provided to any agencies impacted by the decision which may include the City of Jefferson Public Works Department, the Jefferson Fire District, and the Jefferson School District.

Planning Commission Hearing. At the public hearing, conducted in accordance with ORS 197.797, the Planning Commission shall consider the staff report, and the applicant and interested persons may present testimony relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications they believe are necessary for approval. The Planning Commission shall pass an oral motion directing staff to prepare a Planning Commission order recommending approval, approval with modifications or denial of the application. The order shall include findings addressing the relevant criteria of the Development Code, applicable Comprehensive Plan Goals and Policies and the applicable Statewide Planning Goals. The Planning Commission Chair or Vice-Chair shall sign the order. The Planning Commission recommendation shall be included in the staff report to the City Council. The Planning Commission order may be provided, but is not required to be provided, to the applicant and those parties who participated orally or in writing at the public hearing.

City Council Hearing. At the public hearing, conducted in accordance with ORS 197.797, the City Council shall consider the staff report, and the applicant and interested persons may present testimony relevant to the criteria and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications they believe are necessary for approval. The City Council shall adopt findings addressing the relevant criteria of the Development Code, applicable Comprehensive Plan Goals and Policies and the applicable Statewide Planning Goals, and in doing so may adopt findings different than the Planning Commission's findings. The City Council may delete, add, or modify any of the provisions pertaining to the application, or make modifications in granting an approval if the City Council determines the modifications are necessary for the approval criteria, Comprehensive Plan policies or goals, or the Statewide Planning Goals to be met, or to mitigate detrimental effects.

Consistent with ORS 227.186(2) a decision to approve a legislative application shall be by passage of an ordinance for amendments to the Comprehensive Plan text or map, or to the Development Code text or zoning districts.

The City Recorder, or designee, shall:

The City Council's decision approving the application is final when the ordinance is signed, or where the application is denied, when the resolution is signed.

The City Council's decision approving a legislative amendment may be appealed in accordance with ORS 197.830 to 197.845.

Consistent with ORS 197.620(1) a decision to not adopt a legislative amendment or a new land use regulation is not appealable, except where the amendment is necessary to address the requirements of a new or amended State Planning Goal, Oregon Administrative Rule or State Statute. Because a decision to deny a legislative application cannot, generally, be appealed, no ordinance or resolution must be passed, however, a resolution would provide better documentation compared to the meeting minutes.

Where the City Council decision is appealed, the effective date is stayed until the final determination on the appeal is rendered.

The following changes or activities do not require any application to the City or review:

Ministerial Zoning Review. This procedure shall be used to process the following applications:

Type I-A. This procedure shall be used to process the following applications:

Type I-B. This procedure shall be used to process the following applications:

Type I-C. This procedure shall be used to process the following applications:

Type II-A. This procedure shall be used to process the following applications:

Type II-B. This procedure shall be used to process the following applications:

Type III. This procedure shall be used to process the following quasi-judicial applications:

Type IV. This procedure shall be used to process the following legislative applications:

Schedule and assign the matter for review and hearing;

Conduct the correspondence of the hearing body;

Mail and cause to be published required notices of public hearings consistent with the requirements of Chapter 12.72; and

Provide notice of all hearings and written decisions to persons requesting the same and who are not entitled to such by this chapter, provided the request is in writing and is received by the City Recorder, and that such persons pay the actual cost for the service provided as established by the City (applicants excepted).

Record the meetings by tape recording, electronic or digital means and retain the recordings in accordance with applicable State statutes;

Prepare written meeting minutes to include postponements, continuances, decisions on the matters heard and a summary of the reasons given for the decision.

All documents or evidence relied upon by the applicant shall be submitted to the City and the City shall make them available for inspection at no cost and will be provided at reasonable cost.

A land use decision staff report shall be available at least seven days prior to the meeting for a Type II-A action or hearing for a Type II-B, Type III, or Type IV action.

If additional documents or evidence are provided by any party, the City may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the time limitation commonly known as the "120-day Rule" set forth in ORS 227.178 and ORS 227.179.

Prior to the conclusion of the hearing, any participant may request an opportunity to present additional information regarding the application. The City shall grant such request as determined by the hearing body by continuing the public hearing or leaving the record open for additional written information.

In addition to persons receiving notice as required by the matter under consideration, the City Recorder or designee, may provide notice to others believed to be affected, or otherwise represent an interest that may be affected by the proposed development.

Cost of notice mailings shall be included in the development application fee.

A violation of the Oregon Revised Statutes or Oregon Administrative Rules regarding a conflict of interest exists;

If a quorum of a hearing body abstains or is disqualified, all members present after stating their reasons for abstention or disqualification shall, by so doing, be requalified and proceed to resolve the issues;

Except for legislative hearings, any members absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received and so states on the record.

Statement of Law. At the commencement of the hearing, a statement must be made by the chairperson which:

Before receiving information on the issue, the following shall be determined:

The person presiding at the hearing may take official notice of known information related to the issued, such as the following:

Matters officially noticed need not be established by evidence and may be considered by the hearing body in the determination of the matters. Parties requesting notice shall do so on the record; provided, that the hearing body may take notice of matters listed in subsection B of this section if stated for the record. Any matter given official notice may be rebutted.

The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view in the record.

Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request to ask a question from a person attending the hearing. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.

When the hearing has ended, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.

A statement of the applicable criteria and standards of the Development Code against which the proposal was tested, and what is required to achieve compliance with the criteria and standards;

A statement of the facts establishing compliance or noncompliance with each applicable criteria and assurance of compliance with applicable standards;

The reasons for a conclusion to approve or deny;

The decision or recommendation to deny or approve the proposed change with or without conditions.

Testimony shall be transcribed at the cost of the requesting party if required for judicial review.

The hearing body shall, where practicable, retain as part of the hearing record each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the same and whether presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file until after all appeal periods have expired, at which time the exhibits may be released to the person identified thereon or otherwise disposed of.

The staff report and decision shall be included in the record.

A person shall have access to the record of the proceedings at reasonable times, places and circumstances. A person shall be entitled to make copies of the record at the person's own expense.

A Type I-A decision may be appealed to the Planning Commission by the applicant by filing a notice of appeal within 12 days of the decision. The notice of appeal shall indicate the decision that is being appealed.

An administrative staff decision (Type I-B decision) may be appealed to the Planning Commission by an affected party by filing a notice of appeal within 12 days of the decision. The notice of appeal shall indicate the decision that is being appealed.

A decision of the Planning Commission may be appealed to the City Council by an affected party by filing a notice of appeal within 12 days of the decision. The notice of appeal shall indicate the decision that is being appealed.

An applicant or appellant shall be required to raise any issue before the Planning Commission or the City Council with sufficient specificity so as to have afforded the commission or council, and the applicant if appropriate, an adequate opportunity to respond to and resolve each issue.

At its discretion, the Planning Commission or City Council may limit an appeal or review to a review of the record and a hearing for receipt of oral arguments regarding the record, or may accept new evidence and testimony. If new evidence is to be received, a hearing shall be conducted pursuant to this chapter after notice has been provided to the affected parties.

An identification of the decision sought to be reviewed, including the date of the decision;

A statement of the interest of the person seeking review and that they were a party to the initial proceedings;

The specific grounds relied upon for review;

If de novo review or review by additional testimony and other evidence is requested, a statement relating the request to the factors listed below.

Unless otherwise provided for by the reviewing body, review of the decision on appeal shall be confined to the record of the proceeding as specified in this section. The record shall include:

The reviewing body shall make its decision based upon the record after first granting the right of argument, but not the introduction of additional evidence to any party who has filed a notice of appeal.

The reviewing body may hear the entire matter de novo; or it may admit additional testimony and other evidence without holding a de novo hearing if it is satisfied that the additional testimony or other evidence could not reasonably have been presented at the prior hearing. The reviewing body shall consider all of the following in making such a decision:

"De novo hearing" shall mean a hearing by the review body as if the action had not been previously heard and as if no decision had been rendered, except that all testimony of the previous consideration shall be included in the record of the review.

Upon review, the reviewing body may affirm, reverse or modify in whole or part a determination or requirement of the decision that is under review. When the reviewing body modifies or renders a decision that reverses a decision of the hearing body, the review body shall set forth its findings and state its reasons for taking the action.

When the reviewing body elects to remand the matter back to the hearing body for such further consideration as the reviewing body deems necessary, it shall include a statement explaining the error found to have materially affected the outcome of the original decision and the action necessary to rectify such.

Action by the reviewing body shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. The reviewing body shall render its decision no later than 90 days after the filing of the request for review.