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Ordinance No. 19770
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Ordinance No. 19770
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Last modified
6/10/2010 3:46:44 PM
Creation date
1/29/2009 2:38:13 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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s i dered i n accordance with the fol 1 owi ng procedures and the quasi -judicial <br />hearing procedures of sections 2.390 to 2.400 of this code. <br />Section 62 . Section 9.706 of the Eugene Cade, 1911, i s amended to pro - <br />vide: <br />9.106 Notice Public Hearin and Decision. <br />~1} Unless the applicant agrees to a longer time period, a public <br />hearing shall be scheduled on each application no 1 ater than 60 days after <br />receipt of a complete and accurate application. At least 20 days prior to <br />the hearing, the city shat 1 post a wri tten notice of the hearing and the <br />nature of the request i n at 1 east three places within 300 feet of the peri - <br />meter of the affected property and mai 1 a wri tten notice of the hearing and <br />the nature of the request to the applicant and owners and occupants of the <br />property located within 300 feet of the perimeter of the subject property. <br />~2} Unless the applicant agrees to a 1 owger time period, the hear- <br />ings official shat 1 approve, conditional 1y approve, or deny the application <br />within 15 days fo11 owi ng the close of the public hearing and the record. <br />The hearings official's decision shall be based on findings and conclusions <br />in response to the criteria in section 9.702 and other applicable use permit <br />criteria. The hearings official shal 1 mai 1 a noti ce of the deci s i an to the <br />applicant and persons who have requested notification within five days after <br />i t i s rendered . <br />~3 } I f an application requires re-examination of existing stand- <br />ards or policies, the hearings official may refer the matter to the planning <br />commission for a decision. <br />~4} Unless appealed, the hearings official's decision is effec- <br />tive on the eleventh day after notice of the decision is mailed. <br />Secti an 63. Section 9.114 of the Eugene Code, 1911, i s amended to pro- <br />vide: <br />9.114 A eals. Within ten days of the date that notice of the hearings <br />official 's decision was mai 1 ed, i t may be appealed to the planning <br />commission by the owner, applicant, party, an adversely affected person, or <br />a person entitled to notice under subsection 9.106 ~ 1 } of this code. The <br />appeal shat 1 be made by f i 1 i ng a statement of issues on appeal and other <br />information on a form prescribed by the city. The appeal shall be based on <br />the record, shall state speci f i cal 1 y how the hearings off i ci a1 fai 1 ed to <br />properly eva1 uate the proposed conditional use permit app1 i cat i on or make <br />a decision consistent with applicable criteria, and shall be 1 imi ted to the <br />issues raised at the evidentiary hearing that are set out i n the f i 1 ed <br />statement of issues. <br />Section 64. Section 9.716 of the Eugene Code, 1911, i s amended to pro - <br />Ordinance - 56 <br />
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