Type I actions are administrative reviews processed by the city staff according to the procedures found in section 3.202.01, 02 and 03. The review standards are generally clear and objective and allow little or no discretion. This process is further divided into three parts: (3/10)

A.

Type I-A. A ministerial action reviewed by staff based on clear and objective standards. Conditions may be placed on the decision and notice of the decision is sent only to the applicant. Appeal is to the hearings officer. The following actions are processed under the Type I-A procedure: (2/01)

1.

Signs (excluding variances or conditional uses). (5/98)

2.

Temporary use permit. (3/10)

B.

Type I-B. A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant and property owners within the required notice area. Appeal is to the hearings officer. The zoning administrator may refer any application to the hearings officer or the city council for public hearing and decision. The following actions are processed under the Type I-B procedure: (5/98)

1.

Variance (sign). (11/05)

2.

Property line adjustment. (6/16)

3.

Conditional use (signs).

4.

Partitions. (5/98)

5.

Greenway development permit. (2/01)

6.

Floodplain development permit (including floodplain development permit variance and conditional use permit). (3/10)

C.

Type I-C. A ministerial action reviewed by staff based on generally clear and objective standards with some discretion afforded to staff. Conditions may be placed on the decision and notice is sent to the applicant. Appeal is to the planning commission. Notice is sent to property owners within the required notice area for public hearing. The zoning administrator may refer any application to the planning commission or the city council for public hearing and decision. The following actions are processed under the Type I-C procedure: (2/01)

1.

Development review. (2/01)

2.

Alternative design review for detached accessory dwelling unit (front yard). (1/19)

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

A.

A Type II action is a quasi-judicial review in which the hearings officer applies a mix of objective and subjective standards that allow considerable discretion. A Type II action follows the procedures found in section 3.202. Staff has an advisory role. The zoning administrator may refer any application to the city council for public hearing and decision bypassing the hearings officer. Public notice and a public hearing are provided. Section 3.204 lists the notice requirements. Appeal of a Type II decision is to the city council. The following actions are processed under a Type II procedure: (2/01)

1.

Subdivision. (5/98)

2.

Planned unit development. (5/98)

3.

Manufactured home parks. (5/98)

B.

Type II-B. A quasi-judicial action in which the city council applies a mix of objective and subjective standards that allow considerable discretion. Type II-B actions follow the procedures found in section 3.202.04. Staff has an advisory role. The city council shall hold a public hearing and make the decision. Public notice and a public hearing are provided. Section 3.204 lists the notice requirements. Section 3.206 sets forth the hearings process. The following actions are processed under a Type II-B procedure: (12/18)

1.

Transit station. (5/09)

2.

Designation or removal of a historic resource. (9/18)

3.

Development standards alternative within Keizer Station. (12/18)

C.

Type II-C. A quasi-judicial action in which the planning commission applies a mix of objective and subjective standards that allow considerable discretion. Type II-C actions follow the procedures found in section 3.202.04. Staff has an advisory role. The planning commission shall hold a public hearing and make the decision instead of the hearings officer. Public notice and a public hearing are provided. Section 3.204 lists the notice requirements. Section 3.206 sets forth the hearings process. The following actions are processed under a Type II-C procedure: (12/18)

1.

Nursing and residential care facilities. (6/11)

2.

Conditional use (except signs, transit station and greenway development permit).

3.

Variance (minor and major).

4.

Permit for demolition, modification, or moving of a historic resource. (9/18)

5.

Development standards alternative. (12/18)

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

A Type III action is a quasi-judicial process in which the city council applies a mix of objective and subjective standards. A Type III action follows the procedures found in section 3.202.04. Staff and the hearings officer have advisory roles for comprehensive plan map amendments and zone changes. Staff and planning commission have advisory roles for Annexations. Public notice is provided and public hearings are held before the hearings officer, planning commission and city council as determined by the application. Section 3.204 lists the notice requirements. In addition to applications by private parties, the city council, by resolution, may initiate a Type III action. Appeal of the decision is to the land use board of appeals (LUBA). The following actions are processed under a Type III procedure: (2/01)

A.

Comprehensive plan map amendments (involving five or fewer adjacent land ownerships). (5/98)

B.

Zone changes (involving five or fewer adjacent land ownerships). (5/98)

C.

Annexation. (5/98)

D.

Keizer Station master plans which may include subdivision and partitioning. (4/10)

E.

Keizer Station master plan amendment. (9/18)

F.

Lockhaven Center master plans (see section 2.130.08). (12/19)

A Type IV action is a legislative review in which the city considers and enacts or amends laws and policies. A Type IV action follows the procedures found in section 3.203. Private parties cannot apply for a Type IV action; it must be initiated by city staff, planning commission, or city council. Public notice and hearings are provided in a Type IV process. The following actions are processed under a Type IV procedure: (2/01)

A.

Text amendments to the comprehensive plan. (5/98)

B.

Text amendments to the development code. (5/98)

C.

Enactment of new comprehensive plan or development code text. (5/98)

D.

Comprehensive plan map amendments (involving more than five adjacent land ownerships or non-adjacent properties). (5/98)

E.

Zone changes (involving more than five adjacent land ownerships or non-adjacent properties). (5/98)

LAND USE APPLICATION PROCESS (6/22)

MIDDLE HOUSING LAND DIVISION AND EXPEDITED LAND DIVISION APPLICATION PROCESS (6/22)

(1) Per ORS 197.360, middle housing land divisions and expedited land divisions are not land use decisions or limited land use decisions under ORS 197.015 or permits under ORS 215.402 or 227.160. (6/22)

(2) ORS 197.375 establishes the requirements for appeals of middle housing land divisions and expedited land divisions. An appeal of the referee's decision is heard by the court of appeals. (6/22)

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