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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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vial for consideration pursuant to the procedures of subparagraph <br />~ b } of this subsection . The decision of the planning director <br />classifying the modification as major or minor, is final. Within <br />five days of the date a decision concerning a minor modification <br />i s rendered, the planning director shall mai 1 a noti ce of the deci - <br />sion and of the opportunity to appeal to the applicant, persons <br />who have requested notice, and persons entitled to notice under <br />subsection 9.1461} of this code. The planning director's deci- <br />si on allowing or denyi ng a modi f i cat i on may be appealed wi thi n <br />ten days of the date of mailed notice of the decision by the appl i - <br />cant, owner, a party, an adversely affected person, or a person <br />entitled to notice under subsection ~ 2 } ~ a} of this section . Appeal s <br />shall be considered by the hearings official i n a publ i c evidentiary <br />hearing that conforms with the notice, hearing, and decision re- <br />quirements of the original application process, as provided in sec- <br />tion 9,146 of this code. <br />fib} By Hearings Official. Modifications that are major in <br />nature and do not meet the standards for a minor modification shall <br />require approval of the hearings official . Notice of a request for <br />a ma jor modification shal 1 be sent to the applicant, persons en- <br />titled to notice of the original application as provided in section <br />9.106 of this code, and parties to the original hearing. The <br />notice shall contain the requested modification and provide at <br />least ten days for written testimony thereon to be submitted to <br />the hearing official. Any person provided this notice may request <br />that a publ i c evidentiary hearing be held on a ma jor modi f i cati 4n . <br />I f a publ i s evidentiary hearing i s requested, i t shall be hel d <br />within 60 days of receipt of the request. The hearing shall con- <br />form with the notice, hearing, and decision requirements of the <br />original application process, as provided in section 9.746 of this <br />code. The hearings official may deny, modify, or approve the <br />modification request. Approval of a ma jor modification shat 1 re- <br />qu i re a f i nd i ng by the hearings official that the proposal and <br />modification meet the applicable criteria set out i n section <br />9,102 of this code. The decision of the hearings official may be <br />appealed to the planning commission within the time and subject to <br />the processes set out i n sections 9.114 and 9.116 of this code, <br />~c} Ex iration of Modification A royal. Modification <br />approvals expire one year from the date of approval unless the <br />work associated with the modification i s completed or the approval <br />spec i f i es a 1 anger date of expiration . <br />Section 66. Section 9.738 of the Eugene Cade, 1911, i s amended to pro- <br />vide: <br />9.738 Native. Within ten days of receipt of a complete and accurate <br />application but no 1 ess than ten days before the bui 1 di ng official <br />makes a deci si on, the city shall mai 1 notice of the request to owners and <br />occupants of property 1 ocated within 144 feet of the subject property. <br />Ordinance - 58 <br />
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