(1) All applications shall:

(2) For purposes of this Development Code, a complete application refers to an application submitted in conformance with this section and any other requirements of the particular application set forth in this Development Code. An application is not complete unless, in the judgment of the Community Development Director, the application contains sufficient information to address all applicable standards. Acceptance of an application as complete shall not preclude a determination at a later date that additional applicable standards need to be addressed or a later determination that additional information is needed to adequately address applicable standards. [Ord. 933 § 16.2, 2019.]

(1) Subject to this section, an applicant may modify an application at any time during the approval process up until the issuance of an administrative decision or the close of the record for an application requiring a public hearing.

(2) The decision maker shall not consider any evidence submitted by or on behalf of an applicant that would constitute a modification of application unless the applicant submits a complete application for a modification and agrees in writing to restart the applicable review period as of the date the modification is submitted.

(3) A modification of application that constitutes a new proposal shall not be permitted as a modification, but shall instead require the filing of a new application.

(4) For Type III decisions, the decision maker may require that the modified application be renoticed and additional hearings be held.

(5) Up until the issuance of an administrative decision or the day a public hearing is opened for receipt of oral testimony, the Community Development Director shall have sole authority to determine whether an applicant’s submittal requires an application for modification of application or requires submittal of a new application. After such time, the higher decision maker shall make such determinations. The decision maker’s determination shall be appealable only to the Oregon Land Use Board of Appeals (LUBA) and shall be appealable only after a final decision is entered by the City on the underlying application. [Ord. 933 § 16.3, 2019.]

(1) Type I Decisions.

(2) Type II Decisions.

(3) Type III Decisions.

(4) Type IV Decisions.

(5) Additional or alternative procedures for specific applications may be set forth in this Development Code. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 933 § 16.9, 2019.]

(1) No notice is required for the receipt of an application for a Type I decision.

(2) Notice of an application for a Type II decision shall be mailed within ten (10) days after City’s acceptance of a complete application. Written notice shall also be mailed to the following persons:

(3) Notice of Type III decisions shall be the same as that required of Type II decisions except that the Community Development Director shall set the date of the initial public hearing and a notice of the public hearing shall be published in a newspaper of general circulation within the City no less than twenty (20) days and no more than forty (40) days prior to the public hearing.

(4) Notice of a Type IV decision shall be published in a newspaper of general circulation within the City no less than twenty (20) days and no more than forty (40) days prior to each public hearing and, if applicable, any notice required by ORS 227.186 shall be provided. The Community Development Director shall set the date of the public hearing before each required decision maker.

(5) The failure of a party to receive actual notice shall not invalidate any proceeding or any decision issued pursuant to this Development Code.

(6) Notwithstanding the provisions of this section, where other provisions of this Development Code specify procedures with greater opportunity for public notice and comment, those procedures shall apply. [Ord. 933 § 16.11, 2019.]

(1) All required public notices shall provide a brief description of the applicant’s request, a list of applicable standards, the location of the property, the date, time, and place of the public hearing (if applicable), and instructions on obtaining copies of the application and providing written comment.

(2) All notices for public hearings shall also contain a statement that recipients may request a copy of the staff report. [Ord. 933 § 16.12, 2019.]

(1) A public hearing shall be conducted in the following order:

(1) A staff report shall be completed at least seven days prior to the public hearing.

(2) A copy of the staff report shall be filed with the decision maker, mailed to the applicant, and made available to such other persons who request a copy.

(3) Oral or written modifications and additions to the staff report shall be allowed prior to or at the time of the public hearing. [Ord. 933 § 16.14, 2019.]

(1) Prior to or at the commencement of a quasi-judicial public hearing, any party may challenge the qualifications of the decision maker, or a member thereof, for bias, prejudgment, or personal interest. The challenge shall be documented with specific reasons supported by substantial evidence.

(2) Should qualifications be challenged, the decision maker, or the member thereof, shall disqualify themselves, withdraw, or make a statement on the record of their capacity to hear the request and make a decision without bias, prejudgment, or personal interest. [Ord. 933 § 16.16, 2019.]

(1) All evidence timely submitted and placed before the decision maker shall be entered into the record.

(2) For public hearings, an audio recording of the hearing shall be made.

(3) All exhibits presented shall be marked to show the application file number and the identity of the party offering the evidence. [Ord. 933 § 16.19, 2019.]

(1) Any decision may be called up for review at the discretion of a higher decision maker.

(2) The review shall be initiated, if at all, by the higher decision maker filing a written request with the Community Development Director within fifteen (15) days from the date of the final written decision.

(3) Such review shall be conducted in the same manner as an appeal. [Ord. 933 § 16.22, 2019.]

(1) A decision shall be final unless a complete notice of appeal, compliant with MDC 18.80.240, is received by the Community Development Department within fifteen (15) days of the mailing date of the final written decision and provided the challenged decision is subject to appeal.

(2) Who may file an appeal:

(3) If more than one party files a notice of appeal on the same decision, the appeals shall be consolidated, noticed, and heard as one proceeding.

(4) An appeal may be withdrawn in writing by an appellant at any time prior to the rendering of a final decision on the appeal. Subject to the existence of other appeals on the same application, in such event the appeal proceedings shall terminate as of the date the withdrawal is received. An appeal may be withdrawn under this section regardless of whether other nonfiling parties have relied upon the appeal filed by the appellant.

(5) Any failure to conform to the requirements of MDC 18.80.240 and MDC 18.80.250 shall constitute a jurisdictional defect requiring dismissal of the appeal as untimely and/or unperfected.

(6) Determination of jurisdictional defects in an appeal shall be made by the body to whom an appeal has been made. [Ord. 933 § 16.23, 2019.]

(1) Proper identification of the decision subject to appeal;

(2) The specific grounds relied upon for appeal;

(3) If a hearing was held below, a transcription of the proceedings;

(4) All parties shall be mailed notice of the hearing on appeal within ten (10) days of scheduling the hearing. [Ord. 933 § 16.24, 2019.]

(1) The review of a Type II decision on appeal before the Planning Commission shall be de novo.

(2) Except where review by the City Council is expressly required, the City Council has discretion whether to hear any appeal for which it has jurisdiction including, without limitation, review of a decision on appeal issued by the Planning Commission. A decision by the City Council to not grant discretionary review of the appeal is the final determination of the City and will be considered to be an adoption by the Council of the decision being appealed, including any interpretations of this Development Code and the City Comprehensive Plan included in the decision. The final decision may be appealed to the Oregon Land Use Board of Appeals as provided by law.

(3) If the City Council elects to hear to a discretionary appeal, the City Council has further discretion whether to hear the appeal de novo or on the record. Moreover, the City Council may elect to limit review of the appeal to specific issues set forth in the notice of appeal.

(4) The City Council’s decision whether to grant discretionary review of an appeal, and the scope of the discretionary review, will be made without testimony or argument from persons interested in the appeal. [Ord. 933 § 16.25, 2019.]

(1) Except as provided elsewhere in this Development Code, any land use approval or planning review may be extended, prior to expiration, by the Community Development Director for periods of six months, but in no event by more than two years. Such extensions shall be administrative, without notice, and in writing.

(2) No land use approval may be extended unless significant progress occurred during the duration of the approval or prior extension, or circumstances occurred which were out of the applicant’s control. If the land use approval is subject to conditions of approval, significant progress means that some action must have commenced or occurred towards satisfaction of the conditions of approval. [Ord. 933 § 16.28, 2019.]

(1) Purpose. To provide the decision maker with an opportunity to correct errors and to provide the applicant a mechanism to request modification of conditions of approval or other aspects of an approved application.

(2) Modification by Decision Maker. Unless an appeal of the decision has been sooner filed, the decision maker may, at its sole discretion, modify the decision within fifteen (15) days of the mailing date of the decision. If such modifications are made, a new notice of decision shall be issued and the fifteen (15) day appeal period shall be restarted based on the mailing date of the modified decision.

(3) Modification by Request. A request to modify an approval may be filed by the applicant or any successor in interest to the decision with the Community Development Department any time after the decision becomes final.

(4) Modification of Approval by Request – Review Procedures.

(1) Subject to the other provisions of this section, there shall be available for the City’s Comprehensive Plan and Development Code a process for:

Such a determination or interpretation shall be known as a “declaratory ruling” and shall be processed in accordance with this section. In all cases, as part of making a determination or interpretation the decision maker shall have the authority to declare the rights and obligations of persons affected by the ruling.

(2) A declaratory ruling shall be available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings shall not be used to grant an advisory opinion. Declaratory proceedings shall not be used as a substitute for seeking an amendment of general applicability to a legislative enactment.

(3) Declaratory rulings shall not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City approval, a declaratory ruling shall not be available until sixty (60) days after a decision is final.

(4) The Community Development Director may refuse to accept, and the decision maker may deny, an application for a declaratory ruling if:

(5) The Community Development Director’s or decision maker’s determination to not accept or to deny an application for a declaratory ruling shall be the City’s final decision.

(6) Only the following persons may initiate a declaratory ruling under this section:

(7) A request for a declaratory ruling shall be initiated by filing a complete application with the Community Development Department. Each application for a declaratory ruling shall include the precise question on which a ruling is sought. The application shall set forth whatever facts are relevant and necessary for making the determination and such other information as may be required by the City.

(8) Declaratory rulings shall be processed as either a Type II or Type III application at the discretion of the Community Development Director.

(9) A declaratory ruling shall be conclusive on the subject of the ruling and bind the parties thereto as to the determination made.

(10) Parties to a declaratory ruling shall not be entitled to reapply for a declaratory ruling on the same question.

(11) A declaratory ruling is not subject to modification by request under MDC 18.80.290. [Ord. 933 § 16.30, 2019.]

(1) For purposes of this Development Code, a “lot of record” is a unit of land held in separate ownership as shown on the records of the Jefferson County Clerk, which conforms to all zoning and subdivision/partition requirements in effect on the date the unit of land was created.

(2) What is not a lot of record:

(3) Remedy for Units of Land Found Not to Be Lots of Record.