(Type 1-A: Temporary use permit, signs excluding variances or conditional uses.) (3/10)

Applications subject to a Type I-A administrative review shall be reviewed and decided by the zoning administrator. (5/98)

A.

Initial review. Upon receipt of an application for a Type I-A land use action, the city staff shall review the application for completeness. (5/98)

1.

Incomplete applications shall not be reviewed until the applicant has submitted all required information. (5/98)

2.

If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98)

B.

Complete application. The application shall be deemed complete for the purposes of processing the application and all related timing provisions either: (5/98)

1.

Upon receipt of the additional information or if the applicant refuses to submit the information; (5/98)

2.

On the 31st day after the original submittal the application shall be deemed complete for review purposes. (5/98)

C.

Staff review. Within 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 as set forth in this ordinance; (5/98)

D.

Conditions. Approvals of a Type I-A action may be granted, subject to conditions. The following limitations shall be applicable to conditional approvals: (2/01)

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: (2/01)

a.

Ensure that the standards of the development code are met; or (2/01)

b.

Fulfillment of the need for public service demands created by the proposed use. (2/01)

2.

Changes of alterations of conditions shall be processed as a new administrative action. (2/01)

E.

Notice. Notice shall be provided to the applicant consistent with section 3.204.01. (5/98)

F.

Appeals. A Type I-A land use decision may be appealed by the applicant to the hearings officer, except that site plan reviews shall be appealed to the planning commission. The appeal shall be filed within ten days from the date of mailing of the decision, pursuant to the provisions of section 3.205. (9/18)

G.

Final decision. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in section 3.202.05. (2/01)

(Type I-B: variance - signs, property line adjustment, conditional use - signs, partition, greenway development permit, floodplain development permit, including floodplain development permit variances and conditional use permits.) (6/16)

Applications subject to administrative review shall be reviewed and decided by the zoning administrator. (5/98)

A.

Initial review. Upon receipt of an application for a Type I-B land use action, the city staff shall review the application for completeness. (7/03)

1.

Incomplete applications shall not be reviewed until the applicant has submitted all required information. (5/98)

2.

If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98)

B.

Complete application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: (5/98)

1.

Upon receipt of the additional information; or, if the applicant refuses to submit the information; (5/98)

2.

On the 31st day after the original submittal the application shall be deemed complete for review purposes. (5/98)

C.

Agency referrals. Referrals may be sent to interested agencies such as city departments, police and fire departments, school district, utility companies, regional and local transit service providers and applicable city, county, and state agencies at the director's option. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (6/14)

D.

Staff review. Within 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 as set forth in this ordinance; the administrator shall have the option of referring a Type I-B application to the hearings officer or city council for the initial decision. (7/03)

E.

Notice of application. Notice of partition application shall be mailed to owners of property within 250 feet of the site and will invite the submittal of written comments on the proposal to the city within ten days. (6/23)

F.

Conditions. Approvals of a Type I-B action may be granted, subject to conditions. The following limitations shall be applicable to conditional approvals: (7/03)

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: (2/01)

a.

Ensure that the standards of the development code are met; or (2/01)

b.

Fulfillment of the need for public service demands created by the proposed use. (5/98)

2.

Changes of alterations of conditions shall be processed as a new administrative action. (5/98)

3.

Performance bonding to comply with applicable conditions of approval shall comply with the provisions in section 3.202.05B. (2/01)

G.

Notice. Notice of the decision shall comply with the provisions in section 3.204.01. (5/98)

H.

Appeals. A Type I-B land use decision may be appealed to the hearings officer, by either the applicant or persons receiving notice of the decision. (7/03)

The appeal shall be filed within ten days from the date of the mailing of the decision, pursuant to the provisions of section 3.205. (5/98)

I.

Time limit. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in section 3.202.05. (5/98)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

Editor's note— Ord. No. 2024-878, § 2(exh. B), adopted July 15, 2025, amended the title of § 3.202.02 to read as herein set out. The former § 3.202.02 title pertained to "Procedure for Type I-B and I-D review."

(Type I-C: Development review, and alternative design review of detached accessory dwelling unit (front yard)

A.

Initial review. Upon receipt of an application for a Type I-C land use action, the city staff shall review the application for completeness. (2/01)

1.

Incomplete applications shall not be scheduled for Type I-C review until all required information has been submitted by the applicant. (2/01)

2.

If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (2/01)

B.

Complete application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: processing the application and all related timing provisions either: (2/01)

1.

Upon receipt of the additional information or if the applicant refuses to submit the information; (2/01)

2.

On the 31st day after the original submittal, the application shall be deemed complete for review purposes. (2/01)

C.

Staff review. Within 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 as set forth in this ordinance; (2/01)

D.

Conditions. Approvals of a Type I-C action may be granted, subject to conditions. The following limitations shall be applicable to conditional approvals: (2/01)

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: (2/01)

a.

Ensure that the standards of the development code are met; or (2/01)

b.

Fulfillment of the need for public service demands created by the proposed use. (2/01)

2.

Changes of alterations of conditions shall be processed as a new administrative action. (2/01)

E.

Notice. Notice shall be provided to the applicant consistent with section 3.204.01. (2/01)

F.

Appeals. A Type I-C land use decision may be appealed by the applicant to the planning commission. The appeal shall be filed within ten days from the date of mailing of the decision, pursuant to the provisions of section 3.205. (2/01)

G.

Final decision. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in section 3.202.05. (2/01)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

(Type II Subdivision, planned unit development and manufactured home parks: hearings officer decision.) (4/10)

(Type II-B Transit station designation or removal of a historic resource, development standards alternative within Keizer Station: city council decision.) (6/11)

(Type II-C Development standards alternative: planning commission decision.) (12/18)

(Type II-C Conditional use for nursing and residential care facilities.) (9/18)

Permit for demolition, modification, or moving of a historic resource conditional uses, minor and major variance: planning commission decision (9/18)

(Type III Annexation, zone changes involving five or fewer adjacent land ownership and comprehensive plan map amendments involving five or fewer adjacent land ownerships, Keizer Station master plan which may include subdivision and partitioning, Keizer Station Master Plan amendments, and Lockhaven Center Master Plan.) (12/19)

A.

Initial review. Upon receipt of an application for Type II or Type III land use action, the city staff shall review the application for completeness. (5/98)

1.

Incomplete applications shall not be scheduled for Type II or Type III review until all required information has been submitted by the applicant. (5/98)

2.

If incomplete, the applicant shall be notified and provided additional time of up to 30 days to submit supplemental information as necessary. (5/98)

B.

Complete application. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either: (5/98)

1.

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

2.

On the 31st day after the original submittal the application shall be deemed complete for scheduling purposes only. (5/98)

C.

Agency referrals. Referrals will be sent to interested agencies such as city departments, police and fire districts, school district, utility companies, regional and local transit service providers and applicable city, county, and state agencies. Affected jurisdictions and agencies could include the department of environmental quality, the Oregon Department of Transportation, Salem-Keizer Transit District, and the City of Salem. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (6/14)

D.

Public hearing. The public hearing shall be scheduled and notice shall be mailed to the applicant and adjacent property owners. Notice requirements shall comply with section 3.204.02. (5/98)

E.

Staff review. 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 available at city hall for all interested parties. The zoning administrator may refer the initial decision to the city council. (5/98)

F.

Notice of application. Notice of the application shall be mailed to owners of property within 250 feet of the site and neighborhood association representatives. The notice to owners and neighborhood association members will invite the submittal of written comments on the proposal to the city within ten days. (6/23)

G.

Hearings procedures. The public hearing shall comply with the provisions in section 3.205 or section 3.206. (06/11)

H.

Conditions. Approvals of any Type II or Type III action may be granted, subject to conditions. The following limitations shall be applicable to conditional approvals: (5/98)

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: (5/98)

a.

Protection of the public from the potentially deleterious effects of the proposed use; or (5/98)

b.

Fulfillment of the need for public service demands created by the proposed use. (5/98)

2.

Changes of alterations of conditions shall be processed as a new administrative action. (5/98)

3.

Performance bonding for applicable conditions shall comply with the provisions in section 3.202.05B. (2/01)

I.

Notice. The applicant shall be notified, in writing, of the decision or recommendation. In addition, notice of the 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. (6/11)

J.

Appeals. With the exception of a transit station, designation or removal of a historic resource, and Keizer Station development alternative, which are final decisions by the city council, a Type II land use decision may be appealed to the city council by either the applicant, persons receiving notice of the decision or the administrator. The appeal shall be filed within ten days from the date of the mailing of the decision, pursuant to the provisions of section 3.205. Type III land use applications are automatically reviewed by the city council. (12/18)

K.

Time limit. The final land use decision, including all appeals, shall be completed within 120 days as per the requirements in section 3.202.05. (2/01)

(Ord. No. 2024-878, § 2(exh. B), 7-15-2024)

A.

Statutory time limits. (6/22) If, for any reason, it appears that final action may not be completed within the time limit required by state statute unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this ordinance: (6/22)

1.

The city staff shall notify the city council of the timing conflict. The city council shall, in accordance with its own procedures, set a time for an emergency meeting within the time limit required by state statute. (6/22)

2.

Public notice shall be mailed to affected parties as specified in section 3.204.02. (5/98)

3.

The city council shall hold in a public hearing on the specified date and render a decision approving or denying the request within the time limit required by state statute. Such action shall be the final action by the city on the application. (6/22)

B.

Performance and maintenance bonding. (2/01) Conditions of approval required by the city shall be completed prior to the issuance of any building permit within a residential subdivision or partitioning, or an occupancy permit for any other use. When an applicant provides information which demonstrates that it is not practical to fulfill all conditions prior to issuance of such permit, the city may require a performance bond or other guarantee to ensure compliance with zoning regulations or fulfillment of required conditions. (2/01)

1.

Types of guarantees. Performance guarantees may be in the form of performance bond payable to the City of Keizer, cash, certified check, time certificate of deposit, or other form acceptable to the city. The city attorney must approve the form and appropriate documents filed with the city recorder. Agreements may be recorded to restrict building permits. (2/01)

2.

Amount of guarantee. The amount of the guarantee must be equal to at least 110 percent of the estimated cost of the performance. The applicant must provide a written estimate acceptable to the city, which must include an itemized estimate of all materials, labor, equipment and other costs of the required performance. (5/98)

3.

Completion of performance. All improvements shall be completed within one year of filing the performance guarantee. The administrator may extend this time limit for up to one additional year. (2/01)

4.

Maintenance bonds for public improvements of 40 percent of the total cost of improvements is required for one-year warranty. (2/01)