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Ordinance No. 19197
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Ordinance No. 19197
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6/10/2010 3:43:37 PM
Creation date
3/16/2009 2:26:51 PM
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Council Ordinances
CMO_Document_Number
19197
Document_Title
Ordinance concerning land use application processes; amending, adding and repealing Sections of the Eugene Code, 1971; & providing for an effective date. (See Ordinance for complete list of effected Sections.)
Adopted_Date
11/16/1983
Approved Date
11/16/1983
CMO_Effective_Date
1/1/1984
Signer
R. A. "Gus" Keller
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i9iQ <br />tally how the hearings official failed to properly evaluate the proposed <br />tentative plan or make a decision consistent with approval criteria. <br />~ 14} A eal Hearin . <br />. ~a} Unless the applicant and appellant agree to a longer time <br />period, the planning commission shall hold a hearing for oral argu- <br />. ment on an appeal within 3a days of its submittal. At least ten <br />days prior to the hearing the planning department shall mail notice <br />thereof to the applicant, appellant, and parties who requested no- <br />t~ ce of the hears ngs official ` s decision . The hearings official <br />shall be present at the hearing. <br />fib} The planning commmi ssi on shal 1 ruder i is decision wi th- <br />in 15~days of the hearing, unless the applicant and appellant <br />agree to a longer time period. The commission shall, by order, <br />with supporting findings and conclusions, affirm, reverse, or <br />modify a hearings official's decision. Before granting an appeal <br />ar before changing any of the conditions the hearings official im- <br />.eased, the commission shall make findings of fact as to why the <br />hearings official's findings were in error. The commission`s <br />action is final and must be agreed to by a majority of the members <br />present at the hearing. <br />~c} The planning department shall mail a copy of the decision <br />to the applicant, appellant, and parties who have requested a copy. <br />X11} Resubmittal followin denial. After denial of a tentative <br />plan application, a new application and fee for the same area, ar any portion <br />thereof, may not be submitted fo,r one year from the date of denial unless <br />the applicant first submits a written statement to the planning department <br />showing how the proposal has been sufficiently modified to overcome the rea- <br />sons for denial, or that conditions have changed sufficiently to justify <br />reconsideration of the original or a similar proposal. After considering <br />the statement, the planning director may waive the one year waiting period. <br />9.516 Final P1 an <br />consideration . <br />~1} A lication. A final and separate plan application and re- <br />lated information shall be submitted by the owner of the affected property <br />in the manner prescribed by the planning department, together with the fee <br />set by the council. <br />~2} Notice. ~i thi n ten days of receipt of a complete and <br />accurate application, and at least ten days before the planning director <br />makes a decision, the planning department shall mail a notice of the <br />request to parties who have requested a copy.. <br />~3} Plannin Director Decision. Unless the applicant agrees <br />to a longer time period, the planning director shall approve, condition- <br />ally approve, or deny a final plan application, with findings and conclu- <br />sions thereon, within 3~ days of receipt of a complete and accurate appli- <br />cation. The planning director shall mail a copy of the decision tv the <br />applicant, coordinator, and parties who have requested a copy, on the date <br />the decision is rendered. Approval shall include a finding that final <br />plans conform with approved tentative plans, conditions attached thereto, <br />and applicable city standards. - <br />~4} Referral. If a final plan request requires re-examination <br />of existing standards or policies, the planning director may refer the <br />matter to the planning commission for a decision. <br />~5} Effective date. Unless appeal ed, a decision becomes effec- <br />tive an the eleventh day after it is rendered. <br />~6} A eal s. within ten days of a planning director`s decision, <br />it may be appealed to the hearings official by the applicant, an adversely <br />Ordinance -28- <br />
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