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Ordinance No. 19197
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Ordinance No. 19197
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Last modified
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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/91 q,~ <br />__ _ _., by Planning Commission. <br />. ~ Action _o n~A p e a.~.,--- _~,~_,,,..,...~ ._. <br />~1~ Unless the applicant and appe~l~lant agree to a longer time <br />period, the planning commission shall hold a hearing to allow oral argument <br />on an appeal within 34 days of its receipt. At least ten days prior to the <br />hearing, the planning department shall mail notice thereof to the applicant, <br />appellant, and persons who requested notice of the hearings official's deci- <br />si on . <br />. ~2} Unless the applicant and appellant agree to a longer time <br />period, the commission steal 1 make a decision wi thi n 15 days of the hearing. <br />The commission may, by order with findings and conclusions therein, affirm, <br />reverse yr modify in whole or in part, any decision, determination or <br />requirement of the hearings official . Before granting an appeal , or before <br />changing any o~f the conditions the hearings official impaled, the commission <br />shall make findings of fact as to why the hearings official's findings were <br />in error. The commission's action is final, and must be agreed to by a <br />majority of the members present at the hearing. The planning department <br />shall mail a copy of the decision to the applicant, appellant, and persons <br />who have requested a copy, <br />9.~1$ Adherence to A roved Plans and A roval Ex iration. A condi- <br />tional use permit is subject to the plans and conditions upon the <br />basis of which it was approved. Unless the hearings official designates <br />othe~^wise, the permit shall terminate one year after the effective date of <br />approval unless actual construction or alteration, or actual commencement of <br />the authorised activities in the case of a permit Hat involving construction <br />or alteration, has begun under required permits within the year. However, <br />the hearings official may extend the approval period upon application filed <br />at any time before the year has expired. <br />9.720 Revocation. After notice and hearing, the hearings official may <br />revoke a condi ti oval use permit for vi o1 ati on of this ardi Hance <br />or failure to comply with a condition of approval. The hearings official's <br />determination shall be final on the eleventh day after it is rendered, <br />unless appealed to the commission i n accordance with the provisions far <br />appeal of original conditional use permit decisions. <br />9.721 Refilin of Conditional Use Permit A lications. When an <br />application for a conditional use permit has been denied, no <br />application for the same or substantially similar use on the same property <br />or portion thereof shall be filed within one year after denial. <br />9.722 Performance Contract. <br />~1~ Prior to issuance of any permits, compliance with approval <br />conditions and adherence to the approved plans shall be guaranteed by a <br />performance contract binding the applicant and the applicant's successors <br />in interest. The performance contract shall be prepared by the city and <br />executed by the applicant and city, and a memorandum thereof filed by the <br />city i n the office of the Lane County Retarder. <br />~2} After execution of the performance contract, the planning <br />director may permit changes to the approved. final plans if those changes <br />substantially conform to the approved plans and conditions, other modifi- <br />cati on s are subject to review by the hearings official . <br />~3} If an applicant violates or fails to comply with any of <br />the provisions of the performance contract or approved plan, the city may <br />invoke the enforcement procedures provided for in the contract or under <br />applicable law, or both. <br />Ordinance -3$- <br />
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