The purpose of this chapter is to provide mechanisms for gathering facts and assuring that all interests are represented and to comply with state law in the land use decision-making process. The City of Glendale is establishing standard notification and public hearing procedures that will enable the City, the applicant, and the public to participate in a timely and effective manner.
The City Manager/Recorder shall serve as the designee of the City Council and Planning Commission with the power and duty to enforce the provisions of this ordinance.
1. When authorized in compliance with the provisions of this ordinance, the City Manager/Recorder may authorize permits without public notice and without a public hearing.
B. Conditional Use Permits and Variances are quasi-judicial decisions that are made by the Planning Commission following public notice and a public hearing.
C. Partitions and subdivision shall be processed as quasi-judicial actions.
D. Site plan review applications submitted under Section 5.2.10 and Chapter 10 shall be processed as quasi-judicial actions.
E. Quasi-judicial amendments to the text of this ordinance and to the zoning map are made by the Planning Commission, following public notice and a public hearing before the Planning Commission.
F. Legislative land use amendments which involve the creation, revision, or large-scale implementation of public policy including the adoption of land use regulations, Glendale Zoning Ordinance text or map amendments, and Comprehensive Plan amendments are considered initially by the Planning Commission who shall provide a recommendation following public notice and a public hearing, with a second public hearing held by the City Council who makes the final decision.
G. All amendments to the Comprehensive Plan, the City of Glendale Zoning Ordinance text or to the official zoning map adopted by the City shall be by ordinance (ORS 227.)
8.0.30 Authorization to Initiate Amendments to Zoning Ordinance and Zoning Map.
An amendment to the text of this ordinance or to the zoning map may be initiated by the City Council, the Planning Commission, by application of a single property owner as per Section 8.0.50(A), or by a number of property owners in the affected area as per Section 8.0.50(G).
8.0.40 Consolidated Application Procedure.
If a proposed development requires more than one application for a permit or zone change, the applicant may choose to apply for all necessary applications at the same time. In this case, the Planning Commission shall consolidate its review of all necessary applications, including any reviews which are to be carried out by the City Council. This consolidated application procedure shall be subject to the requirements of this chapter and ORS 227. Hearings shall comply with this chapter and ORS 197.
A. In general, only the owner or the authorized agent of a subject property may apply for
a decision by the Planning Commission under the provisions of this ordinance. An individual who has entered into an earnest money agreement to buy a property is considered to have an ownership interest for the purposes of this ordinance.
B. All applications under this ordinance shall be submitted on forms provided by the City.
3. Applications and accompanying petitions shall be reviewed by the City to determine if the application is complete, including required drawings and specifications, plans, forms,
statements, signatures, fees, and a narrative that explains how the application satisfies all
the relevant criteria in sufficient detail for review and decision-making
D. If the application is incomplete, the City shall provide notice to the applicant disclosing
specifically what information, forms or fees are lacking within 30 days of the date that the application was received. If the applicant refuses to submit the missing information, the application shall be deemed incomplete on the 31st day after the application was received, and may be considered withdrawn and returned to the applicant.
5. If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
F. When the application is complete with all the evidence to be relied upon submitted by the applicant along with the required fees, the date of the public hearing shall be set and advertised, taking into consideration the time required for proper notice of such hearings in accordance with provisions of this chapter.
G. If an area for which a change in zone is requested is divided by more than one ownership, at least fifty-one percent (51%) of the property owners or their authorized agents shall join in filing the application. This may be in the form of a petition submitted with the application.
8.0.60 Fees and Professional Expense.
A. Except when proceedings are initiated by the City Planning Commission or City Council, a property owner or authorized agent shall deposit with the City Manager/Recorder, an initial fee to cover the cost of publishing and mailing the notices of the hearing and other expense for processing the application. Said amount shall be held by the City Manager/Recorder until actual fees, costs and expenses including the time and expense for research and preparation of materials for Planning Commission and/or City Council review are determined. In the event that the amount deposited is in excess of the actual fees, costs, and expenses for processing the application, then the City Manager/Recorder shall return to the applicant such excess; but if said actual costs are in excess of the amount deposited, then the City Manager/Recorder shall notify the applicant and require payment to the City of such excess. When the entire amount of fees, costs and expenses have been ascertained and collected, the amount thereof shall be paid into the City treasury.
2. Initial Fee to be Deposited
1. Zone Text or Zone Map Amendment As set by resolution of City Council.
2. Conditional Use Permit As set by resolution of City Council.
3. Variance As set by resolution of City Council.
4. Appeal to the City Council As set by resolution of City Council.
5. Comprehensive Plan Amendment As set by resolution of City Council.
6. Fence Review As set by resolution of City Council.
7. Temporary Permit As set by resolution of City Council.
8. Vacation As set by resolution of City Council.
9. Partition As set by resolution of City Council
10. Subdivision As set by resolution of City Council
11. Site Plan Review for Planned Unit
Development, Condominium , and
Planned Community and
Manufactured Home Park As set by resolution of City Council
12. Lot Line Adjustment As set by resolution of City Council
13. Annexation As set by resolution of City Council
14. Inspections As set by resolution of City Council
C. When a consolidated application or other filing is made with the City which does not have a fee specified by resolution, the City Manager/Recorder shall combine the fees of all land use actions that are encompassed within the application.
8.0.70 Notice Procedures for Quasi-Judicial Hearings.
For quasi-judicial land use actions, including but not limited to zone text or map amendments which are not determined to apply broadly, Conditional Use Permits and Variances, the following shall apply as set forth in ORS 197.
A. The Planning Commission shall conduct a public hearing on each complete application when the property that is the subject of the notice is within the City, or wholly or in part within the Urban Growth Boundary, to be not more than 45 days following receipt of the completed application.
2. Each notice of a public hearing shall be published once in a newspaper of general circulation in the City at least 10 days prior to the date of the hearing.
C. Notice of public hearings shall be mailed by first class mail to the following at least 20 days prior to the date of the hearing if there is to be one public hearing or at least 10 days before the first hearing when a second hearing is being held before the Planning Commission or the City Council:
1. The applicant and all owners or contract purchasers of record of the property which is the subject of the application.
2. The owners of record on the most recent property tax assessment roll of property which is located within 250 feet of the property for which the proceedings are being held.
3. Any neighborhood association whose boundaries include the site.
4. Any governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice.
5. The Department of Land Conservation and Development at the discretion of the applicant.
6. In the case of an appeal, any person who submits a written request to receive notice or the appellant and all persons who provided testimony
7. For a land use district change affecting a manufactured or mobile home park, all mailing addresses within the park (ORS 227).
DD. The newspaper notice as referenced in Section 8.0.70(B), and the mailed notice as referenced in Section 8.0.70(C) shall include the following information:
1. The name of the applicant.
2. The date, time and location of the hearing.
3. A description of the location of the property for which a permit or other land use action is pending, including the street address and the subdivision lot and block designation, or tax lot number.
4. A concise description of the nature of the proposed development action, and of the uses that could be authorized.
5. A reference to the applicable Comprehensive Plan and Zoning Ordinance criteria which apply to the proposal, and the uses that could be authorized.
6. A statement that failure to raise an issue in person or by letter, or failure to provide sufficient specificity to allow the decision-maker an opportunity to respond to the issue not later than the close of the record at or following the final evidentiary hearing precludes appeal to the Land Use Board of Appeals based upon that issue.
7. A statement describing where the complete application criteria and other relevant information is available for review, and how written comments may be submitted.
8. A statement that the staff report to be used at the hearing will be available at least seven days prior to the hearing, and that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost at least seven days prior to the hearing, and that copies can be provided at reasonable cost.
9. The phone number of the City and the person designated to provide more information to interested parties.
10. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
11. A statement that any staff report used at the hearing shall be available at least seven days prior to the hearing and shall be available for review at no cost, and available for purchase at a reasonable cost.
8.0.80 Public Hearing Procedures for Quasi-Judicial Hearings.
A. All documents or evidence relied upon by the applicant shall be submitted to the City, and shall be made available to the public.
2. Any staff report used at the hearing shall be available at least seven days prior to the hearing.
3. At the commencement of a hearing, a statement shall be made which lists the applicable criteria for the decision, states that evidence and testimony must be directed toward such criteria or other criteria in the Comprehensive Plan and Zoning and Subdivision Ordinance which the person believes to apply to the decision, and states that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. The Planning Commission Chair shall poll the Planning Commission relative to ex parte contact, pre-hearing bias, or other factors which would preclude an individual decision maker from making an impartial decision.
3. Prior to the conclusion of the initial hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. Any hearing may be continued by oral pronouncement prior to the close of the hearing, and such announcement shall serve as sufficient notice to applicants, adverse parties, and interested persons without recourse to the form and manner of the public notice as provided in this section. The time, date, and location of any continued meeting shall be clearly specified in the oral pronouncement. The Planning Commission shall continue the hearing as set forth in ORS 197 to be held at a stated date, time and place at least seven days from the date of the initial hearing, or leave the record open for seven (7) days to allow for additional written evidence or testimony or to allow for responding to the new written evidence. Such continuance shall not be subject to the limitations of ORS 227.
4. When a quasi-judicial proceedings 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 matter at issue.
5. At the public hearing, the Planning Commission shall receive all evidence deemed relevant to the issue. The Commission shall set forth in the record the facts which it has found to be evidence in supporting its conclusions. These conclusions shall include, but not be limited to the requirements of the Zoning and Subdivision Ordinance and the Comprehensive Plan.
6. For each mailing of notice, the City Manager/Recorder shall file an affidavit of mailing in the record. The failure of a person to receive the notice provided pursuant to this section shall not invalidate the proceedings of the hearing if the City can demonstrate by affidavit that the required notice was given.
4. The failure of a property owner to receive notice shall not invalidate proceedings if the City can demonstrate by affidavit that notice was given as set forth in Section 8.0.70 (G) and ORS 197.
8.0.90 Burden of Proof.
The burden of proof is upon the proponent. The more drastic the change or the impact of the proposal, the greater is the burden of the proponent. Such burden shall be to prove that the public interest is best carried out by approving the application for the proposed action, and that the application complies with more specific criteria which may be stated within this ordinance.
8.0.100 Notice Procedures for Legislative Hearings.
A. Notice of the proposed amendment shall be provided to the Department of Land Conservation and Development 45 days before the initial hearing, and also to other affected local, state and federal agencies. If the City of Glendale determines that there are emergency circumstances requiring expedited review, the City may submit the amendment or new regulation with less than the 45 days� notice. The proposal forwarded shall contain the text and any supplemental information that the City believes is necessary to inform the Department of Land Conservation and Development as to the effect of the proposal (ORS 197).
2. When the City of Glendale determines that the Statewide Planning Goals do not apply to a particular proposed amendment or new regulation, notice under 8.0.100(A) is not required (ORS 197).
3. A copy of the adopted text of any new amendment to the Comprehensive Plan or land use regulation, together with the findings adopted by the City of Glendale shall be submitted to the Department of Land Conservation and Development not later than five working days after the final decision by the City. If the proposed amendment has been substantially amended from that initially sent to the Department of Land Conservation and Development under Section 8.0.100(A), the City shall specify the changes that have been made (ORS 197).
D. Not later than five working days after the final decision, the City of Glendale shall mail or otherwise submit notices to persons who participated in the proceedings leading to the adoption of the amendment and/or requested the City of Glendale in writing that they be given such notice. Such notice shall describe briefly the action taken by the City, state the date of the decision, list the place where and the time when the amendment and findings may be reviewed, and explain the requirements for appealing the action of the City of Glendale under ORS 197.830 to 197.845, and list the locations where the Comprehensive Plan or land use regulation amendment or new land use regulation may be reviewed.
5. Each notice of a public hearing regarding the amendment shall be published at least two times in a newspaper of general circulation in the City during the three weeks just before the final hearing. For each published notice the City Manager/Recorder shall file an affidavit of publication in the newspaper.
6. Mailed and published notices shall include the following information:
1. The address and telephone number of the City office where additional information about the application can be obtained.
2. A description of the location of the proposal reasonably calculated to give notice of the location of the geographic area and enough detail for people to determine the change that is proposed.
3. The time(s), place(s) and date(s) and title of the public hearings(s), a statement that public oral or written testimony is invited; and a statement of the rules of the public hearing.
4. The following statement: �Notice to mortgagee, lien holder, vendor or seller: The City of Glendale Zoning Ordinance requires that if you receive this notice, it shall be promptly forwarded to the purchaser.�
7. At least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend the Comprehensive Plan or any element thereof, or to adopt a new Comprehensive Plan, or an ordinance that proposes to rezone property that changes the base zoning classification of the property; or adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone, the City shall cause a written individual notice of a land use change to be mailed to:
1. Each owner whose property would have to be rezoned in order to comply with the amended or new Comprehensive Plan if the ordinance becomes effective. The individual notice of the proposed land use change shall describe in detail how the proposed ordinance would affect the use of the property (ORS 227) utilizing the wording provided in Section 8.0.100(H) and (I).
2. Any affected governmental agency and all owners of airports in accordance with ORS 227.
3. Recognized neighborhood groups or associations affected by the ordinance.
4. Any person who requests notice in writing.
5. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.
8. Individual notices of land use changes shall contain substantially the following language
in boldfaced type extending from the left-hand margin to the right-hand margin across the top of the face page of the notice (ORS 227): This is to notify you that the City of Glendale has proposed a land use regulation that will affect the permissible uses of your land.
9. Individual notices of land use changes shall contain substantially the following language in the body of the notice (ORS 227) as follows:
On (date of public hearing), the City of Glendale will hold a public hearing regarding the adoption of Ordinance Number _____. The City of Glendale has determined that adoption of this ordinance will affect the permissible uses of your property and may reduce the value of your property.
Ordinance Number _____ is available for inspection at the Glendale City Hall located at _______________. A copy of Ordinance Number _____ is available for purchase at a cost of _____.
For additional information concerning Ordinance Number _____, you may call the City Planning Department at ________________.
J. Notice provided under this section may be included with the tax statement required under ORS 311, or at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under Section 8.0.100 (G), (1 – 5).
11. Section 8.0.100, (H – J) do not apply to legislative acts resulting from action of the Oregon State Legislature or resulting from a court of competent jurisdiction.
12. Section 8.0.100, (H – J) do not apply to Periodic Review under ORS 197. Periodic Review notice provisions are described within ORS 227, and are not described within this ordinance.
13. Notice provided under Section 8.0.100(G) is applicable when the base zoning classification of property is changed, or when an ordinance is adopted or amended in a manner that limits or prohibits land uses previously allowed in affected zones.
14. The City is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the Comprehensive Plan, zoning, or other land use regulation.
15. Notifications for annexation shall follow the provisions of Section 8.0.100.
16. Notice is deemed given when it is deposited with the United States Postal Service and published notice is deemed given on the date that it is published; failure of a person to receive notice shall not invalidate the action.
17. The City shall request reimbursement from the Department of Land Conservation and Development for all usual and reasonable costs incurred to provide notice required under Section 8.0.100 (G – J).
18. For each mailing of notice, the City Manager/Recorder shall file an affidavit of mailing in the record.
19. The failure of a person to receive the notice provided pursuant to this section shall not invalidate the proceedings of the hearing if the City can demonstrate by affidavit that the required notice was given.
8.0.110 Public Hearing Procedures for Legislative Hearings.
A. The Planning Commission shall conduct a public hearing on the proposed amendment and provide a report and recommendation to the City Council regarding consistency of the proposed amendment with Section 8.0.120, Standards for Amending Zoning Text or Map.
B. Following the Planning Commission hearing and recommendation, the City Council shall conduct a public hearing.
C. At the conclusion of the public hearing the City Council may approve, deny, or refer the proposed amendment to the Planning Commission for reconsideration. Any referral to the Planning Commission by the City Council shall be limited to the specific issue that is to be reconsidered by the Planning Commission, and any testimony before the Planning Commission shall only occur in the context of a public hearing.
D. Any hearing may be continued by oral pronouncement prior to the close of the hearing, and such announcement shall serve as sufficient notice to applicants, adverse parties, and interested persons without recourse to the form and manner of the public notice as provided in this section. The time, date, and location of any continued meeting shall be clearly specified in the oral pronouncement.
8.0.120 Standards for Amending the Zoning Text or Map.
The following standards and procedures shall be followed in applying for and acting on an amendment to modify or change the zoning text or map:
A. The change does not conflict with the City of Glendale Comprehensive Land Use Plan.
B. If the proposed change is not in accord with the City of Glendale Comprehensive Land Use Plan, the Planning Commission and City Council shall seek to determine that alteration of the Plan can be justified on the basis that there has been substantial change in the character of the area since the Plan�s adoption, thus warranting a change in the plan, that there is demonstrated public need, that the Plan was adopted in error, or that the controlling state law has changed.
8.0.130 Notice of Action or Decision.
A. Notice of the action or decision of the City Council made upon the recommendation of the Planning Commission or at any quasi-judicial hearing shall be provided in writing to the applicant and all individuals who provided oral or written testimony. The notice may be served personally, or sent by first class mail addressed to the person at the address shown on the application. The notice shall be deemed served at the time it is deposited in the United States Mail.
B. Notice of a legislative decision and the findings supporting the decision must be sent to the Land Conservation and Development Commission and to individuals who requested
information relative to that decision.
8.0.140 Final Action on Applications for Permits, Zone Change Requests and Consolidated Applications.
The City shall take final action on an application for a permit, zone change request, or consolidated action including a zone map or text amendment, including resolution of all local appeals, within 120 days after the application is deemed complete. All who submitted comments shall receive notice of the final decision and of their appeal rights. This 120 day period may be extended for an additional six months at the request of the applicant. This 120 day period does not apply to an amendment to an acknowledged comprehensive plan or land use regulation as set forth in ORS 227.178 and ORS 227.179.
8.0.150 Effective Date of Final Decision.
The effective date of a decision of the Planning Commission or City Council is the date that the decision is made, except when the decision-making body specifically states that written minutes or findings be completed and approved by the Council before the decision is final. A final decision is one made by the Planning Commission or City Council that stands unless an appeal is filed.
8.0.160 Action by City Council.
Any action or decision of the City Council on proceedings arising under this ordinance, excepting reference back to the Planning Commission and continuance of a hearing shall be final.
8.0.170 Limitations on Initiating Amendments.
No application of a property owner for an amendment to the text or zoning map of this ordinance shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such a request, except that the Planning Commission may permit a new application, if in its opinion, new evidence or a change in circumstances warrants the request.
A. Appeal to City Manager/Recorder Decision
Decisions of the City Manager/Recorder may be appealed to the Planning Commission or the City Council. The applicant shall submit a written request for review and the reasons for that review to the City Manager/Recorder within ten (10) days after the City Manager/Recorder has made the decision. The Planning Commission shall consider the information at their next regularly scheduled meeting or refer it to the City Council.
B. Appeal to Planning Commission Decision
Any action or ruling of the Planning Commission pursuant to this ordinance which does not automatically go forward to the City Council for a decision may be appealed to the City Council within 10 working days of the date that the decision was made by the Planning Commission. If the appeal is not filed within this 10 day period, the decision of the Planning Commission shall be final.
1. In filing such an appeal, the required fee shall be submitted to the City Manager/Recorder pursuant to Section 8.0.60, Fees and Professional Expense, along with the completed appeal form at the City. The appeal shall set forth the alleged error and the portions of the decision with which the appellant disagrees.
2. Upon receipt of an appeal, the City Council shall schedule a meeting to be held to consider the issues limited to those set forth in the appeal within 45 days, with notice provided to all parties who participated at the Planning Commission level. The City Council shall be provided with the facts and findings that the Planning Commission used in making their decision, and shall base their decision upon the information provided by the Planning Commission, public testimony at the Planning Commission, and any other evidence in the record.
3. At its discretion, the City Council may choose to affirm, reverse, or amend the decision of the Planning Commission, and prepare facts and findings to support their decision, or to refer the matter back to the Planning Commission for review of the specific issue raised in the appeal, and a recommendation concerning the subject of the appeal. The Council�s decision shall be final.
4. Failure to participate in public hearing proceedings by raising an issue in person or in writing in sufficient specificity to allow the decision maker to respond to the issue nullifies appeal to the Glendale City Council and Land Use Board of Appeals on that issue.
C. Appeal to City Council Decision
A City Council decision may be appealed to the Land Use Board of Appeals within twenty-one (21) days of the final decision of the City Council.
The City Manager/Recorder shall maintain records of amendments to the text and map of this ordinance in a form convenient for use by the public.