Pre-application conferences are encouraged and shall be scheduled to provide applicants with the informational and procedural requirements of this Code; to exchange information regarding applicable policies, goals and standards of the Comprehensive Plan; to provide technical and design assistance; and to identify opportunities and constraints for a proposed land use action. An applicant may apply at one time for all permits or zone changes needed for a development project as determined in the pre-application conference.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 91-922, § 3; Ord. 86-851)

A.

The purpose of the neighborhood meeting is to solicit input and exchange information about the proposed development.

B.

Applicants of Type III, IV and V applications are required to hold a meeting, at a public location for adjacent property owners and recognized neighborhood organizations that are within 1,000 feet of the subject application, prior to submitting their application to the City. Notification of the neighborhood meeting shall be mailed 14 calendar days prior to the meeting date. Affidavits of mailing, sign-in sheets and a summary of the meeting notes must be included with the application when submitted. Applicants for Type II land use action are encouraged, but not required to hold a neighborhood meeting.

1.

Projects requiring a neighborhood meeting in which the City or Urban Renewal District is the property owner or applicant shall also provide published and posted notice of the neighborhood meeting consistent with the notice requirements in 16.72.020.

(Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2010-015, § 2, 10-5-2010)

A.

Form

Any request for a land use action shall be made on forms prescribed and provided by the City and shall be prepared and submitted in compliance with this Code. A land use application shall be reviewed against the standards and criteria effective at the time of application submittal. Original signatures from all owners or their legal representative must be on the application form.

B.

Copies

To assist in determining the compliance of proposed land use actions with the Comprehensive Plan and provisions of this Code, applicants shall submit one (1) complete electronic copy of the full application packet, one reduced (8½ × 11) copy of the full application packet and the required number of hard copies as outlined on the applicable forms prescribed and provided by the City.

C.

Content

1.

In addition to the required application form, all applications for Residential Design Checklist approval must include the following:

a.

Residential Design Checklist.

b.

Building elevations including enough detail to confirm conformance with the design standards of Chapter 16.14.

2.

In addition to the required application form, all applications for Type I approval must include the following:

a.

Appropriate fee(s) for the requested land use action required based on the City of Sherwood Fee Schedule.

b.

Tax Map showing property within at least 300 ft. with scale (1" = 100' or 1" = 200'), north arrow, date, and legend.

c.

Vicinity Map.

3.

In addition to the required application form, all applications for Type II-V land use approval must include the following:

a.

Appropriate fee(s) for the requested land use action required based on the City of Sherwood Fee Schedule.

b.

Documentation of neighborhood meeting per 16.70.020.

c.

Tax Map showing property within at least 300 feet with scale (1" = 100' or 1" = 200') north point, date and legend.

d.

Two (2) sets of mailing labels for property owners of record within 1,000 feet of the subject site, including a map of the area showing the properties to receive notice and a list of the property owners, addresses and tax lots. Ownership records shall be based on the most current available information from the Tax Assessor's office.

e.

Vicinity Map showing a minimum radius of 500 feet around the property and the closest intersection of two Principal Arterial, Arterial, Collector or Neighborhood roads.

f.

A narrative explaining the proposal in detail and a response to the Required Findings for Land Use Review for the land use approval(s) being sought.

g.

Two (2) copies of a current preliminary title report.

h.

Existing conditions plan drawn to scale showing: property lines and dimensions, existing structures and other improvements such as streets and utilities, existing vegetation, any floodplains or wetlands and any easements on the property.

i.

Proposed development plans sufficient for the Hearing Authority to determine compliance with the applicable standards. Checklists shall be provided by the City detailing information typically needed to adequately review specific land use actions.

j.

A traffic study, if required by other sections of this Code.

k.

Other special studies or reports that may be identified by the City Manager or his or her designee to address unique issues identified in the pre-application meeting or during project review including but not limited to:

1)

Wetland assessment and delineation;

2)

Geotechnical report;

3)

Traffic study;

4)

Verification of compliance with other agency standards such as CWS, DSL, Army Corps of Engineers, ODOT, PGE, BPA, Washington County.

l.

Plan sets must have:

1)

The proposed name of the development. If a proposed project name is the same as or similar to other existing projects in the City of Sherwood, the applicant may be required to modify the project name.

2)

The name, address and phone of the owner, developer, applicant and plan producer.

3)

North arrow.

4)

Legend.

5)

Date plans were prepared and date of any revisions.

6)

Scale clearly shown. Other than architectural elevations, all plans must be drawn to an engineer scale.

7)

All dimensions clearly shown.

4.

Exemptions can be made when items in 16.70.030.C.1 are not necessary in order to make a land use decision, such as for text amendments to the development code. Additional written documentation may be necessary to adequately demonstrate compliance with the criteria.

(Ord. No. 2021-010, § 2, 12-7-2021; Ord. No. 2018-007, § 2, 10-2-2018; Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2010-015, § 2, 10-5-2010; Ord. 91-922, § 3)

A.

Acceptance

An application for land use will not be accepted by the City without the required forms, the required fee(s), the signature of the applicant and authorization from the property owner of record.

B.

Completeness

Within thirty (30) calendar days of the date of initial submission, the City shall determine whether the application is complete and so notify the applicant in writing. The application will not be deemed complete unless the minimum application requirements are met as described on the application form provided by the City. Applicants will receive written notification of any application deficiencies. Information outlined in the letter of incompleteness must be submitted within 180 days of the date of the letter. Alternatively, within 14 days of the date of the letter, the applicant may submit a statement indicating refusal to submit the required items. If a refusal statement is provided, the application is considered complete on the 31 ^st day from the date the application was submitted.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 98-1053, § 1; 91-922)

A.

Public Inspection

1.

Except as provided herein, all application materials to be relied upon in public hearings on land use actions required by this Code shall be available for public inspection twenty (20) calendar days in advance of the initial hearing before the Commission or Council. If two (2) or more hearings are required on a land use action, all application materials shall be available for public inspection at least ten (10) calendar days in advance of the initial hearing before the Hearing Authority. All application materials to be relied upon for Type II decisions as indicated in Section 16.72.010 shall be available for public inspection fourteen (14) calendar days in advance of the staff decision on the application.

2.

Application materials shall be available to the public for inspection at no cost. Copies of application materials will be provided to the public, upon request, at a cost defined by the City's fee schedule.

B.

Continuance

If additional materials are provided in support of an application later than twenty (20) calendar days in advance of the initial hearing before the Hearing Authority, or later than ten (10) calendar days in advance of the initial hearing before the Commission or Council if two (2) or more hearings are required, or if the City or the applicant fails to meet any requirements of Chapter 16.72, any party to the application, or party notified of the hearing as per Section 16.72.020, may make request to the City, either verbally at the initial hearing or in writing at any time before the close of the hearing, for a hearing continuance. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the time limitations. If, in the City's determination, there is a valid basis for the continuance request, said request shall be granted.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 99-1079, § 3; 98-1053; 91-922)

A land use application denied in accordance with this Code, shall not be accepted for resubmission for one-hundred eighty (180) calendar days following the date of the denial, unless the application has been sufficiently modified to abrogate the reason for denial, as determined by the City. All applications resubmitted after being denied in accordance with this Code shall be required to provide new application materials, pay new fees, and shall be subject to the review process required by this Code for the land use action being considered.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 98-1053 § 1)

A.

Classifications

Except for Final Development Plans for Planned Unit Developments, which are reviewed per Section 16.40.030, all ministerial, administrative, and quasi-judicial development permit applications and legislative land use actions shall be classified as one of the following:

1.

Residential Design Checklist Review

The Community Development Director, or designee, without public notice and without a public hearing, makes ministerial decisions through the Residential Design Checklist Review procedure. Ministerial decisions are those where City standards and criteria do not require the exercise of discretion (i.e., they are clear and objective standards).

The Community Development Director, or designee, reviews proposals for all residential housing types, except for multi-dwelling development that are subject to Section 16.90, requiring a clear and objective review using the Residential Design Checklist. The Residential Design Checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of Chapter 16.14 before more detailed plans are prepared and before the City authorizes the Building Official to issue a building permit.

2.

Type I

The following administrative actions shall be subject to a Type I review process:

a.

Signs;

b.

Property line adjustments;

c.

Interpretation of similar uses;

d.

Temporary uses;

e.

Final subdivision and partition plats;

f.

Final site plan review;

g.

Time extensions of approval, per Sections 16.90.020; 16.124.010;

h.

Class A home occupation permits;

i.

Interpretive decisions by the city manager or his/her designee;

j.

Tree removal permit—Street trees over five inches DBH, per section 16.140.060.B.2 and 3;

k.

Adjustments;

l.

Re-platting, lot consolidations and vacations of plats;

m.

Minor modifications to approved site plans;

n.

Accessory dwelling units;

o.

Residential Design Checklist Review with Adjustment;

p.

An existing Medical Marijuana Dispensary in compliance with Section 16.38.020 (Medical Marijuana Dispensary) which completes a conversion to a recreational marijuana licensee under regulation by the Oregon Liquor License Commission pursuant to O.R.S. 475B et seq.

3.

Type II

The following administrative actions shall be subject to a Type II review process:

a.

Land Partitions (creation of 3 or fewer lots within 1 calendar year)

b.

Expedited Land Divisions - The Community Development Director shall make a decision based on the information presented, and shall issue a development permit if the applicant has complied with all of the relevant requirements of the Zoning and Community Development Code. Conditions may be imposed by the Community Development Director if necessary to fulfill the requirements of the adopted Comprehensive Plan, Transportation System Plan or the Zoning and Community Development Code.

c.

"Fast-track" Site Plan review, defined as those site plan applications which propose less than 15,000 square feet of floor area, parking or seating capacity of public, institutional, commercial or industrial use permitted by the underlying zone, or up to a total of 20% increase in floor area, parking or seating capacity for a land use or structure subject to a Conditional Use Permit, except as follows: auditoriums, theaters, stadiums, and those applications subject to Section 16.72.010.A.4.

d.

"Design Upgraded" Site Plan review, defined as those site plan applications which propose between 15,001 and 40,000 square feet of floor area, parking or seating capacity and which propose a minimum of eighty percent (80%) of the total possible points of design criteria in the "Commercial Design Review Matrix" found in Section 16.90.020.D.6.d.

e.

Industrial "Design Upgraded" projects, defined as those site plan applications which propose between 15,001 and 60,000 square feet of floor area, parking or seating capacity and which meet all of the criteria in Section 16.90.020.D.7.b.

f.

Homeowner's association street tree removal and replacement program extension.

g.

Class B Variance.

h.

Street Design Modification.

i.

Subdivisions between 4—10 lots.

j.

Medical marijuana dispensary.

k.

Residential Design Checklist Review with Class B Variance.

l.

Recreational marijuana dispensary.

4.

Type III

The following quasi-judicial actions shall be subject to a Type III review process:

a.

Conditional Uses.

b.

Site Plan Review — between 15,001 and 40,000 square feet of floor area, parking or seating capacity except those within the Old Town Overlay District, per Section 16.72.010.A.

c.

Subdivisions between 11—50 lots.

5.

Type IV

The following quasi-judicial actions shall be subject to a Type IV review process:

a.

Site Plan review and/or "Fast Track" Site Plan review of new or existing structures in the Old Town Overlay District.

b.

All quasi-judicial actions not otherwise assigned to a Hearing Authority under this section.

c.

Site Plans — Greater than 40,000 square feet of floor area, parking or seating capacity.

d.

Site Plans subject to Section 16.90.020.D.6.f.

e.

Industrial Site Plans subject to Section 16.90.020.D.7.b.

f.

Subdivisions — over 50 lots.

g.

Class A Variance.

h.

Residential Design Review.

i.

Quasi-Judicial Annexations.

6.

Type V

The following legislative actions shall be subject to a Type V review process:

a.

Plan Map Amendments.

b.

Plan Text Amendments.

c.

Planned Unit Development — Preliminary Development Plan and Overlay District.

d.

Legislative Annexations.

B.

Hearing and Appeal Authority

1.

The Hearing and Appeal Authorities shall be as follows:

a.

The Residential Design Checklist review authority is the Community Development Director or their designee. The decision is final on the date it is signed by the Community Development Director. It is not a land use decision as defined by ORS 197.015, and therefore is not subject to local appeal or appeal to the state Land Use Board of Appeals (LUBA).

b.

The Type I Hearing Authority is the Community Development Director and the Appeal Authority is the Planning Commission.

(1)

The Community Development Director 's decision shall be made without public notice or public hearing. Notice of the decision shall be provided to the applicant.

(2)

The applicant may appeal the Community Development Director's decision.

c.

The Type II Hearing Authority is the Community Development Director and the Appeal Authority is the Planning Commission.

(1)

The Community Development Director 's decision shall be made without a public hearing, but not until at least fourteen (14) days after a public notice has been mailed to the applicant and all property owners within 1,000 feet of the proposal. Any person may submit written comments to the Community Development Director which address the relevant approval criteria of the Zoning and Development Code. Such comments must be received by the Planning Department within fourteen (14) days from the date of the notice.

(2)

Any person providing written comments may appeal the Community Development Director 's decision.

d.

The Type III Hearing Authority is the Hearings Officer and the Appeal Authority is the Planning Commission.

(1)

The Hearings Officer shall hold a public hearing following public notice in accordance with Sections 16.72.020 through 16.72.080.

(2)

Any person who testified before the Hearings Officer at the public hearing or submitted written comments prior to the close of the record may appeal the Hearings Officer's decision.

e.

The Type IV Hearing Authority is the Planning Commission, and the Appeal Authority is the City Council with the exception of Quasi-Judicial Annexations. Quasi-Judicial Annexations Hearing Authority is City Council upon recommendation by Planning Commission.

(1)

The Planning Commission shall hold a public hearing following public notice in accordance with Sections 16.72.020 through 16.72.080.

(2)

Any person who testified before the Planning Commission at the public hearing or submitted written comments prior to the close of the record may appeal the Planning Commission's decision.

f.

The Type V Hearing Authority is the City Council, upon recommendation from the Planning Commission and the Appeal Authority is the Land Use Board of Appeals (LUBA).

g.

Review by Council

(1)

Review of a decision by a Hearing Authority may be initiated by the City Council when the Council determines that:

a.

The matter involves important issues of policy; and

b.

The original decision likely involves errors of law or was not supported by substantial evidence.

(2)

Review by Council must be initiated by resolution of the City Council within fourteen (14) calendar days after the date of mailing of the final written decision of the Hearing Authority. Any City Council resolution calling a decision up for review shall specify whether the City Council will review the decision called up on the record or de novo and whether it intends to limit the issues on review to certain specified issues.

(3)

Approval of such a resolution shall stay the original decision until the decision on review has become final. No right or benefit accorded by the original decision may be exercised until the decision on review has become final.

(4)

Review shall include a public hearing conducted by the City Council. Except as otherwise provided in this Section, the public notice and hearing procedures shall be the same as the procedures used in initially taking the action which is being reviewed.

(5)

The City Council may act to affirm, reverse, remand, or amend the action being reviewed. The action of the City Council shall be the final City of Sherwood action on the application, unless remanded to the Hearing Authority. Upon remand, the decision of the Hearing Authority shall be the final City of Sherwood action. The decision upon Council review shall become final on the date when written notice of the decision is mailed to persons entitled to notice of the decision.

2.

Each quasi-judicial development permit application shall potentially be subject to two (2) levels of review, with the first review by a Hearing Authority and the second review, if an appeal is filed, by an Appeal Authority. The decision of the Hearing Authority shall be the City's final decision, unless an appeal is properly filed within fourteen (14) days after the date on which the Hearing Authority took final action. In the event of an appeal, the decision of the Appeal Authority shall be the City's final decision.

3.

Each Type V legislative land use action shall be reviewed at a public hearing by the Planning Commission with a recommendation made to the City Council. The City Council shall conduct a public hearing and make the City's final decision.

C.

Approval Criteria

1.

The approval criteria for each development permit application shall be the approval standards and requirements for such applications as contained in this Code. Each decision made by a Hearing Authority or Appeal Authority shall list the approval criteria and indicate whether the criteria are met. It is the applicant's burden to demonstrate to the Hearing Authority and Appeal Authority how each of the approval criteria are met. An application may be approved with conditions of approval imposed by the Hearing Authority or Appeal Authority. On appeal, the Appeal Authority may affirm, reverse, amend, refer, or remand the decision of the Hearing Authority.

2.

In addition to Section 1 above, all Type IV quasi-judicial applications except Residential Design Review shall also demonstrate compliance with the Conditional use criteria of Section 16.82.020, except for residential and multi-family land use applications, including subdivisions.

(Ord. No. 2025-004, § 2, 9-2-2025; Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2022-002, § 2, 3-15-2022; Ord. No. 2021-010, § 2, 12-7-2021; Ord. No. 2019-003, § 2, 3-5-2019; Ord. No. 2015-005, § 2, 5-5-2015; Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2011-011, § 1, 10-4-2011; Ord. No. 2011-003, § 2, 4-5-2011; Ord. No. 2011-001, §§ 1, 2, 2-15-2011; Ord. No. 2010-015, § 2, 10-5-2010; Ord. No. 2010-05, § 2, 4-6-2010; Ord. No. 2009-005, § 2, 6-2-2009; Ord. 2003-1148, § 3; 2001-1119; 99-1079; 98-1053)

A.

Newspaper Notice

Notices of all public hearings for Type III, IV and V land use actions required by this Code shall be published in a newspaper of general circulation available within the City two (2) calendar weeks prior to the initial scheduled hearing before the Hearing Authority and shall be published one additional time in the Sherwood Archer, Sherwood Gazette or similarly local publication, no less than 5 days prior to the initial scheduled hearing before the hearing authority.

B.

Posted Notice

1.

Notices of all Type II, III, IV and V land use actions required by this Code shall be posted by the City in no fewer than five (5) conspicuous locations within the City, not less than fourteen (14) calendar days in advance of the staff decision on Type II applications or twenty (20) calendar days in advance of the initial hearing before the Hearing Authority for Type III, IV and V applications.

2.

Signage must be posted on the subject property fourteen (14) calendar days in advance of the staff decision on Type II applications and twenty (20) calendar days in advance of the initial hearing before the Hearing Authority for Type III, IV and V applications.

a.

on-site posted notice shall provide a general description of the land use action proposed, the project number and where additional information can be obtained.

b.

On-site posted notice shall be designed to be read by motorists passing by; the exact size and font style to be determined by the City.

c.

On-site posted notice shall be located on the property in a manner to be visible from the public street. For large sites or sites with multiple street frontages, more than one sign may be required.

C.

Mailed Notice

l.

For Type II, III, IV and V actions specific to a property or group of properties, the City shall send written notice by regular mail to owners of record of all real property within one thousand (1,000) feet from the property subject to the land use action. Written notice shall also be sent to Oregon Department of Transportation (ODOT), Metro, the applicable transit service provider and other affected or potentially affected agencies. If the subject property is located adjacent to or split by a railroad crossing ODOT Rail Division shall also be sent public notice.

2.

Written notice to property owners shall be mailed at least fourteen (14) calendar days prior to a decision being made on a Type II land use action and at least twenty (20) calendar days in advance of the initial public hearing before the Hearing Authority. If two (2) or more hearings are required on a land use action, notices shall be mailed at least ten (10) calendar days in advance of the initial hearing before the Commission or Council.

3.

For the purposes of mailing the written notice, the names and addresses of the property owners of record, as shown on the most recent County Assessor's records in the possession of the City, shall be used. Written notice shall also be mailed to homeowners associations when the homeowners association owns common property within the notification area and is listed in the County Assessor's records.

4.

For written notices required by this Code, other than written notices to property owners of record, the City shall rely on the address provided by the persons so notified. The City shall not be responsible for verifying addresses so provided.

5.

If a zone change application proposes to change the zone of property which includes all or part of a manufactured home park, the City shall give written notice by first class mail to each existing mailing address for tenants of the manufactured home park at least twenty (20) days but not more than forty (40) days before the date of the first hearing on the application. Such notice costs are the responsibility of the applicant.

D.

Failure to Receive Notice

1.

The failure of a property owner or other party to an application to receive notice of a public hearing as provided in Code of this Chapter or to receive notice of continuances and appeals as provided by this Code due to circumstances beyond the control of the City, including but not limited to recent changes in ownership not reflected in County Assessors records, loss of the notice by the postal service, or an inaccurate address provided by the County Assessor or the party to the application, shall not invalidate the applicable public hearing or land use action. The City shall prepare and maintain affidavits demonstrating that public notices were mailed, published, and posted pursuant to this Code.

2.

Persons who should have received notice of a proposed land use action but can prove, to the City's satisfaction that notice was not received due to circumstances beyond their control, may be permitted, at the City's discretion, to exercise the right to appeal the action as per Chapter 16.76. All appeals filed under such conditions shall cite the circumstances resulting in the non-receipt of the notice.

(Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2010-015, § 2, 10-5-2010; Ord. 2006-021; Ord. 2003-1148, § 3; 99-1079; 98-1053; 91-922, § 3; Ord. 86-851)

Public notices shall include the following information:

A.

The nature of the application and proposed use(s).

B.

A list of the applicable Code or Comprehensive Plan criteria to be applied to the review of the proposed land use action.

C.

The location and street address of the property subject to the land use action (if any).

D.

The date, time, place, location of the public hearing.

E.

The name and telephone number of a local government representative to contact for additional information.

F.

The availability of all application materials for inspection at no cost, or copies at reasonable cost.

G.

The availability of the City planning staff report for inspection at no cost, or copies at a reasonable cost, at least seven (7) calendar days in advance of the hearing.

H.

The requirements for the submission of testimony and the procedures for conducting hearings, including notice that failure to raise an issue accompanied by statements or evidence sufficient to offer the City, applicant or other parties to the application the opportunity to respond, will preclude appeal on said issue to the Council or to the State Land Use Board of Appeals (LUBA).

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 98-1053 § 1; 91-922)

Recommended findings of fact and conditions of approval for each land use action shall be made in writing in a City planning staff report. Said staff report shall be published seven (7) calendar days in advance of the initial required public hearing before the Hearing Authority. Copies shall be provided to the applicant and the Hearing Authority no later than seven (7) calendar days in advance of the scheduled public hearing. Staff reports shall be available to the public for inspection at no cost. Copies of the staff report shall be provided to the public, upon request, at a cost defined by the City's schedule of miscellaneous fees and charges.

(Ord. 91-922, § 3)

A.

Hearing Disclosure Statements

The following information or statements shall be verbally provided by the Hearing Authority at the beginning of any public hearing on a land use action:

1.

The findings of fact and criteria specified by the Code that must be satisfied for approval of the land use action being considered by the Hearing Authority.

2.

That public testimony should be limited to addressing said findings of fact and criteria, or to other City or State land use standards which the persons testifying believe apply to the proposed land use action.

3.

That failure to raise an issue, or failure to raise an issue with sufficient specificity so as to provide the City, applicant, or other parties to the application with a reasonable opportunity to respond, will preclude appeal on said issue to the Council or to the State Land Use Board of Appeals (LUBA).

4.

The rights of persons to request, as per this Code, that a hearing be continued or that the hearing record remain open.

5.

That all persons testifying shall be deemed parties to the application, and must provide their name and full mailing address if they wish to be notified of continuances, appeals, or other procedural actions as required by this Code.

B.

Persons Testifying

Any person, whether the applicant, a person notified of the public hearing as per Section 16.72.020, the general public, or the authorized representative of any of the foregoing persons, may testify at a public hearing on a land use action. Testimony may be made verbally or in writing. The applicant, the applicant's representative, or any person so testifying, or that person's authorized representative, shall be deemed a party to the application, and shall be afforded all rights of appeal allowed by this Code and the laws of the State of Oregon.

C.

Hearing Record

1.

Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The local Hearing Authority shall grant such request by continuing the public hearing pursuant to paragraph 2 of this section or leaving the record open for additional written evidence or testimony pursuant to paragraph 3 of this section.

2.

If the hearing authority grants a continuance, the hearing shall be continued to a date, time and place certain at least seven (7) 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 and 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 (7) days to submit additional written evidence or testimony for the purpose of responding to the new written evidence.

3.

If the Hearing Authority leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven (7) days. Any participant may file a written request with the local government for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Hearing Authority shall reopen the record pursuant to subsection 6 of this Section.

4.

A continuance or extension granted pursuant to this section shall be subject to the limitations of ORS 215.427 or 227.178, unless the continuance or extension is requested or agreed to by the applicant.

5.

Unless waived by the applicant, the local government shall allow the applicant at least seven (7) 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.

6.

When a Hearing Authority reopens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

D.

Ex-parte Contacts

Ex-parte contacts with a member of the Hearing Authority shall not invalidate a final decision or action of the Hearing Authority, provided that the member receiving the contact indicates the substance of the content of the ex parte communication and of the right of parties to rebut said content at the first hearing where action will be considered or taken.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 99-1079, § 3; 91-922, § 3)

Within seven (7) calendar days of a land use action by the Hearing Authority, the City shall notify the applicant in writing of said action. This notice of decision shall list the terms and conditions of approval or denial, and explain the applicant's rights of appeal.

(Ord. 91-922, § 3)

The City shall maintain a registry of all land use actions taken in the preceding twelve (12) months. This registry shall be kept on file in the City Recorder's office and shall be made available to the public for inspection at no cost. Copies of the registry shall be provided to the public, upon request, at a cost defined by the City's fee schedule.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 91-922, § 3)

Except for plan and land use regulation amendments or adoption of new regulations that must be submitted to the Director of the State Department of Land Conservation and Development under ORS 197.610(1), final action on a permit, appeal, or zone change application shall be taken within one hundred and twenty (120) days of the application submittal. The one hundred and twenty (120) days may be extended for a reasonable period of time at the request of the applicant. An applicant whose application does not receive final consideration within one hundred and twenty (120) days after the application was accepted by the City may seek a writ of mandamus to compel issuance of the permit or zone change or a determination that approval would violate the City's Comprehensive Plan or land use regulations.

(Ord. 91-922, § 3)

Fees for land use actions are set by the "Schedule of Development Fees", adopted by Resolution of the Council. This schedule is included herein for the purposes of information, but is deemed to be separate from and independent of this Code.

(Ord. 91-922, § 3; Ord. 86-851)

Except when a land use action is initiated by the Planning Commission or Council, application fees shall be paid to the City upon the filing of all land use applications. Full or partial waiver of fees required by Section 16.74.010 or refund of the fees in excess of that identified in the fee schedule may be granted by the Council, based on a written request by the applicant showing cause for such reduction.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 86-851, § 3)

A.

Issues on Appeal

The only issues which may be raised on appeal are those issues which were raised on the record before the Hearing Authority with sufficient specificity so as to have provided the City, the applicant, or other persons with a reasonable opportunity to respond before the Hearing Authority.

B.

Persons Eligible to Appeal

Except as otherwise provided in this Code, only those persons who submitted written comments or appeared in person before the Hearing Authority may appeal the decision of the Hearing Authority.

C.

Dismissal on Appeal

If the Appeal Authority determines that the appellant was not a person to the action before the Hearing Authority, or the issue(s) that are the basis of the appeal were not properly raised per this Section, then the Appeal Authority shall dismiss the appeal of that appellant or those issues, in writing.

D.

Exception

If the City either takes a land use action without providing a hearing as required by this Code, or takes a land use action which is substantially different than indicated in notice of the proposed action as per Section 16.72.030, an aggrieved person may, as provided by the laws of the State of Oregon, appeal directly to the State Land Use Board of Appeals (LUBA).

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 2003-1148, § 3; 2001-1119; 99-1079; 91-922)

Land use actions taken pursuant to this Code shall be final unless a petition for review is filed with the Community Development Director not more than fourteen (14) calendar days after the date on which the Hearing Authority took final action on the land use application, and written notice of the action has been mailed to the address provided by the person in the record. If the person did not provide a mailing address, then the appeal must be filed within fourteen (14) calendar days after the notice has been mailed to persons who did provide a mailing address.

(Ord. No. 2021-010, § 2, 12-7-2021; Ord. 2003-1148, § 3; 2001-1119; 91-922)

Every petition for review shall include the date and a description of the land use action, including adopted findings of fact, a statement of how the petitioner is aggrieved by the action, the specific grounds relied upon in requesting a review, and a fee pursuant to Section 16.74.010. The land use decision, supporting findings and conclusions, and evidence available upon the close of the record of the land use action and any City Staff review of the issues subject to the appeal shall be made a part of the record before the Appeal Authority.

(Ord. 2003-1148, § 3; 2001-1119; 91-922)

Except as otherwise provided or required by state law, the review of the appealed land use action shall include a public hearing conducted by the Appeal Authority, as determined by Section 16.72.010, at which time only those persons who testified before the Hearing Authority or submitted written comments may present evidence and argument relevant to the approval criteria. The record before the Appeal Authority shall include only the evidence and argument submitted on the record before the Hearing Authority (including all testimony, all materials submitted at any previous stage of the review, staff reports and audio tape or transcript of the minutes of the public hearing. New evidence may not be entered into the record.

Except for the hearing being on the record and no new persons being allowed, the public notice and hearing procedures for appeals shall be identical to the procedures used in initially taking the land use action which is being appealed. The Appeal Authority may act to affirm, reverse, remand, or amend the action being reviewed. The action of the Appeal Authority shall be the final City of Sherwood action on the application, unless remanded to the Hearing Authority. Upon remand, the decision of the Hearing Authority shall be the final City of Sherwood action.

(Ord. No. 2010-015, § 2, 10-5-2010; Ord. 2003-1148, § 3; 2001-1119; 99-1079; 91-922)