All requests for action under this code shall be on forms as prescribed by the City. Applications shall be accompanied by plans, specifications and such other information as specified on the application form. An application shall be deemed complete thirty (30) days after receipt by the City, unless the applicant receives prior written notice from the City that the application is incomplete. The application shall be deemed complete upon receipt by the City of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete for this section on the thirty-first day after the City received the application. An applicant may apply at one time for all approvals and amendments required by this chapter. City action on a consolidated application is subject to the time limitations provided in ORS 227.178 and Section 16.108.040 of this chapter. If an applicant for an action is not the property owner, the application shall be accompanied by a notarized letter from the property owner which authorizes action.

The review of applications received under the provisions of this title shall be conducted according to the following procedures:

1. Procedure for action by the City Planner on applications not subject to notification requirements:
   1. The property owner or authorized agent shall submit an application to the City Planner.
   2. Upon determination that the application is complete, the City Planner may refer the application to affected districts, local, State or Federal agencies for comments.
   3. Within ten (10) days of determining an application complete, or such longer period mutually agreed to by the City Planner and the applicant, the City Planner shall approve, disapprove or, at the City Planner's discretion, refer the application to the Planning Commission for consideration.
   4. The applicant shall be notified in writing of the City Planner's action.
   5. All actions of the City Planner may be appealed to the Commission pursuant to subsection E of this section.
2. Procedure for City Planner action on applications subject to property owner notification requirements:
   1. The property owner or authorized agent shall submit an application to the City Planner.
   2. Upon determination that the application is complete, the City Planner may refer the application to affected districts, local, State or Federal agencies for comments.
   3. Within thirty (30) days of determining an application complete, or such longer period mutually agreed to by the Planner and the applicant, the Planner shall approve, disapprove or, at the planner's discretion, refer the application to the Planning Commission for consideration at a public hearing.
   4. The applicant and the owners of record of property on the most recent tax assessment roll of Lincoln County within three hundred (300) feet of the boundaries of the subject property shall be notified in writing of the City Planner's action. The notification requirement shall be deemed met when the City can provide an affidavit or other certification that such notice was given. Said notice shall also be provided to any neighborhood or community organization (including homeowners associations) voluntarily registered with the City of Waldport and whose boundaries are within three hundred (300) feet of the subject property. Such notification shall:
      1. Explain the nature of the decision and the use or uses which could be authorized;
      2. List the applicable criteria from this code that apply to the subject decision;
      3. Set forth the street address or other easily understood information identifying the location of the subject property;
      4. State that a copy of the application, all documents relied upon by the applicant, and the applicable criteria are available for inspection at the City office at no cost and can be provided at a reasonable cost;
      5. State that a copy of the City Planner's staff report and record of decision is available for inspection at no cost and can be provided at a reasonable cost;
      6. Provide the name and telephone number of the City Planner to contact for additional information;
      7. Provide an explanation of the procedure and deadline for appealing the decision to the Planning Commission or designated hearings body for a public hearing.
3. Procedure for Commission action on applications or appeals subject to public hearing requirements:
   1. The property owner, agent or other party shall submit an application or appeal to the City Planner.
   2. Within five (5) working days of determining the application or appeal complete, the City Planner shall schedule the matter for public hearing before the Commission or designated hearing body.
   3. Upon determination that the application or appeal is complete, the City Planner may refer the application to affected districts, and local, State or Federal agencies for comments.
   4. Notice for, and conduct of, public hearings provided for in this section shall be in accordance with subsections D and E of this section.
   5. Decisions of the Planning Commission or designated hearing body may be appealed to the City Council pursuant to subsection H of this section.
4. Notice of Public Hearing.
   1. Legislative Hearing. Each notice of a public hearing on a legislative item shall be published at least two (2) times in a newspaper of general circulation in the City during the three (3) weeks prior to the hearing. In addition, notice shall be provided in accordance with ORS 197.610 and ORS 227.186.
   2. Quasi-Judicial Hearing. Notice of a public hearing shall be published in a newspaper of general circulation in the City at least ten (10) days prior to the date of the hearing. In addition, at least twenty (20) days prior to the hearing date, the applicant and the owners of record of property on the most recent tax assessment roll of Lincoln County within three hundred (300) feet of the subject property shall be notified in writing of the City Planner's action. For subdivisions and planned development land use applications, the City Planner shall have discretion to increase (only) the notification area based on potential transportation system impact or increase expected, or other conditions as determined which may affect the level of public impact or interest. Said notice shall also be provided to any neighborhood or community organization (including homeowners associations) voluntarily registered with the City of Waldport and whose boundaries are within three hundred (300) feet of the subject property Such notification shall:
      1. Explain the nature of the decision and the use or uses which could be authorized;
      2. List the applicable criteria from this code that apply to the subject application;
      3. Set forth the street address or other easily understood information identifying the location of the subject property;
      4. State the date, time and location of the hearing;
      5. State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and the applicable criteria are available for inspection at the City office at no cost and can be provided at a reasonable cost;
      6. State that a copy of the City Planner's staff report is available for inspection at no cost and can be provided at a reasonable cost seven (7) days prior to the hearing;
      7. Provide the name and telephone number of the City Planner to contact for additional information; and
      8. Include a general explanation of the requirements for submission of testimony and the conduct of hearings; and
      9. State that failure to raise an issue in the hearing, either in person or in writing, or failure to provide statements or evidence sufficient to afford the hearings body an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals on that issue.
   3. The failure of a property owner to receive notice as provided for in this section shall not invalidate the subject hearing proceeding provided that the City can demonstrate by affidavit that such notice was given.
   4. Notice of Exception to Statewide Planning Goals. Action involving the consideration of exceptions to the Statewide Planning Goals shall be subject to the notice and hearing requirements of this section and subsection E of this section. In addition, the required notice of public hearing shall specifically note the exceptions to be considered and shall summarize the issues in an understandable manner.
   5. Notice to Mobile Home Parks. If an application changes the zone of property which includes all or part of a mobile home park, the City shall give written notice by first class mail to each existing mailing address for occupants of the mobile home park at least twenty (20) days but not more than forty (40) days before the date of the first hearing on the application. For the purposes of this section, the occupant's name and address as listed by the owner or manager of the park shall be used for notification.
5. Conduct of Quasi-Judicial Public Hearings. Any quasi-judicial public hearing required by or provided for in this code shall be conducted in accordance with the following requirements:
   1. Staff Report. At least seven (7) days prior to the hearing, the City Planner shall provide to the hearings body and make available to the public for inspection or purchase a report detailing the nature of the request and the applicable criteria of this code.
   2. Application Materials. All application materials, documents or other evidence submitted by or on behalf of the applicant or any land use approval shall be provided to the City Planner and made available to the public. If additional documents or evidence are provided by any party following the receipt of an application determined to be complete, 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 limitations of ORS 227.178 and Section 16.108.040 of this title.
   3. Pre-Hearing Statement. At the commencement of the hearing, a statement shall be made by the hearing body or staff to those in attendance that:
      1. Lists the applicable substantive criteria;
      2. States that testimony and evidence must be directed toward the criteria described in paragraph (1) of this subsection or other criteria in this code the party believes to apply to the subject request; and
      3. States that failure to raise an issue accompanied by statements or evidence sufficient to afford the hearings body and the parties an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals on that issue.
   4. Presentation of Testimony. Unless otherwise provided for by the hearings body, the order of presentation of testimony shall be as follows:
      1. Staff report;
      2. Presentation by the applicant or, in the case of an appeal of a prior decision, the appellant;
      3. Additional testimony by other parties in support of the application or appeal;
      4. Testimony by opponents or, in the case of an appeal, the respondent;
      5. Applicant's or, in the case of an appeal, appellant's rebuttal.
   5. Continuances. The hearing body may continue any hearing as deemed necessary to receive additional arguments or testimony or for further consideration of any evidence or testimony. A continuance may be provided for by the hearing body on its own motion or may be requested by a party. If the hearings body grants a continuance, the hearing shall be continued to a date, time and place certain at least seven 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 presented 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 days to submit additional written evidence or testimony for the purpose of responding to the new written evidence. No additional notice need be given of the continued hearing.
   6. Holding Open the Hearing Record. 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 hearings body shall grant such a request by continuing the hearing pursuant to subsection (E)(5) of this section or leaving the record open for additional written evidence or testimony. If the record is left open for additional written evidence or testimony, the record shall be left open for at least seven days. any participant may file a written request with the City Planner for an opportunity to respond to new evidence or testimony submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record pursuant to subsection (E)(7) of this section.
   7. Reopening the Hearing Record. The hearings body may, on its own motion, or upon request of a party, reopen the record of any hearing previously concluded. When a hearing record is reopened 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 subject application or appeal.
   8. Time Limitations of ORS 227.178 and Section 16.108.040. Any continuance or extension of the record shall be subject to the time limitations of ORS 227.178 and Section 16.108.040 of this title, unless the continuance or extension is requested or agreed to by the applicant.
   9. Final Arguments. Unless waived by the applicant, the hearings body shall allow the applicant at least seven 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.
   10. Definitions. For purposes of this section:
       "Argument" means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision. "Argument" does not include facts.
       
       "Evidence" means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to a decision by the hearings body.
6. Appeals. The hearing body may retain authority to dismiss an appeal for failure to follow the requirements of this chapter.
7. Appeals of Decisions of the City Planner. Where it is alleged that there is an error in any procedure or decision of the City Planner, an appeal may be made therefrom to the Commission or such other hearings body as may be designated by order of the City Council. an appeal of a ministerial decision of the City Planner made pursuant to subsection (A) of this section shall be filed within ten (10) days of the effective date of the decision. An appeal of a decision of the City Planner on a permit made pursuant to subsection (B) of this section shall be filed within fifteen (15) days of the effective date of the decision. In the event that the final day for the filing of an appeal falls on a Saturday, Sunday or legal holiday, the period for the filing of an appeal shall be extended through the next working day. An appeal of a City Planner decision shall be filed with the City Recorder and shall be accompanied by a written statement of the grounds for the appeal and any required filing fee. In the event that the party filing the appeal prevails at the initial hearing or upon subsequent appeal, the fee for the initial appeal of the City Planner decision shall be refunded. Fees required for the filing of appeals of decisions of the City Planner shall not apply to the Department of Land Conservation and Development nor to neighborhood or community groups recognized by the City Council and whose boundaries include the property subject to the decision. Upon receipt of an appeal, the City Planner shall schedule a public hearing before the Commission or other hearings body as designated by order of the City Council. Public notice of the hearing shall be in accordance with subsection (D) of this section.
8. Appeals of Commission or Hearing Body Decision. Where it is alleged that there is an error in any procedure or decision made by the commission or hearings body, an appeal therefrom may be made to the city council. Such an appeal shall be filed with the city recorder within fifteen (15) days of the subject decision of the commission or hearings body. In the event that the subject decision falls on a Saturday, Sunday, or legal holiday, the period for the filing of an appeal shall be extended though the next working day. An appeal of a commission or hearings body subject to review by the city council pursuant to this section shall be filed on a form prescribed by the city and shall be accompanied by any required filing fee. When an appeal is filed, within fifteen (15) days of such filing, the City Planner shall notify the City Council that an appeal has been filed and identify the date for the City Council hearing. (Ord. 768 § 8, 2019)
9. City Council Review. Review by the City Council at a public hearing shall be accomplished in accordance with its own adopted rules of procedure and the requirements of this chapter. The City Council may continue its hearing to gather additional evidence or to consider the application more completely pursuant to this chapter. Appeals will be heard de novo by the City Council and allow the introduction of new evidence and testimony. The presentation of such testimony and evidence shall be governed by the procedures applicable to the presentation of such matters as provided in the City Council's rules of procedure. The decision of the City Council on an appeal shall be recorded within forty-five (45) days of receiving the record of the subject decision, unless a longer period of time is stipulated to by the parties.
10. City Council Action.
    1. The City Council may affirm, modify or reverse all or part of the action of the Commission or may remand the matter for additional review or information.
    2. The City Council may, on its own motion, review any decision of the City Planner or the Commission pursuant to the review procedures in subsections (I) to (K) of this section. Such motion shall be made within fifteen (15) days of the effective date of the decision to be reviewed.
    3. An appeal of the City Council's decision to the State Land Use Board of Appeals shall be pursuant to ORS 197.830-845.
11. Effective Date of Decision. The effective date of a decision of the City Planner is the date of the letter notifying the applicant of the City Planner's decision. The effective date of a decision of the Planning Commission is the date of adoption of findings of fact. The effective date of a decision of the City Council is the date of the entering or signing of the final order and findings of fact.
12. Notification of Decision.
    1. Legislative Hearing Decisions. Not later than five (5) working days after the final decision, the City shall mail or otherwise submit notice to persons who participated in the proceedings leading to the adoption of the amendment to the comprehensive plan, the land use regulation, or the new land use regulations, and that requested of the City in writing that they be given such notice. The notice shall describe briefly the action taken by the City; state the date of the decision; state the place where and time when the amendment to the plan or regulation, and the findings, may be reviewed; and, explain the requirements for appealing the action of the City under ORS 197.830 to 197.845.
    2. Quasi-Judicial Hearing Decisions. Within seven (7) working days after a decision has been rendered by the Planning Commission or City Council following the completion of a public hearing process, the City shall provide the applicant and any person who submitted written comments during the proceedings with written notice of the approval or denial of the request. The notice of decision shall include an explanation of appeal rights.

Fees for land use actions shall be established by the City Council from time to time by resolution.

1. The City shall take final action on an application for permits or zone changes, including resolution of all appeals under Section 16.108.020(B) of this chapter within one hundred twenty (120) days after the application has been determined to be complete.
2. The application is determined to be complete if all items specified in Section 16.108.010 of this chapter or on the application form as provided at the time of application are accomplished and/or provided.
3. If the application is incomplete, it shall be processed as provided for in Section 16.108.010 of this chapter.
4. The one hundred twenty (120) day period set in subsection (A) of this section may be extended for a reasonable period as requested or agreed to by the applicant.
5. The one hundred twenty (120) day period set forth in this section shall only apply to decisions wholly within the authority and jurisdiction of the City.
6. Notwithstanding subsection (E) above, the one hundred twenty (120) day period set in subsection (A) of this section does not apply to an amendment to an acknowledged comprehensive plan or land use regulation or adoption of a new land use regulation that was forwarded to the Director of the Department of Land Conservation and Development under ORS 197.610(1).

1. No decision or action by the Planning Commission or City Council shall be invalid due to ex-parte contact or bias resulting from ex-parte contact with a member of the Planning Commission or City Council if the member of the decision-making body receiving the contact:
   1. Places on record the substance of any written or oral ex-parte communications concerning the decision or action; and
   2. Makes an announcement of the content of the contact or communications, and of the parties' right to rebut the substance of the contact, is made at the first hearing following the communication where action will be considered or taken on the subject to which the communication pertains.
2. A communication between City staff (including consultants for legal, engineering, planning and other services) and the Planning Commission or City Council shall not be considered an ex-parte contact.