A. The decision of the city manager shall be final for a Type I land use decision unless a notice of appeal from an appropriate aggrieved party is received by the city within ten (10) days of the date of the final written notice, or unless the city council, on its own motion, orders review within ten (10) days of initial action. An appeal stays the proceedings in the matter appealed until the determination of the appeal.

B. The decision of the planning commission for a Type II land use decision, or the appeal of a Type I decision, shall be final unless a notice of appeal from an aggrieved party is received by the city within ten (10) days of the date of the final written notice, or unless the city council, on its own motion, orders review within ten (10) days of initial action. An appeal stays the proceedings in the matter appealed until the determination of the appeal. (Ord. 619, 2003)

Appeal requests shall be made on forms provided by the city and shall state the alleged errors in the planning commission action. (Ord. 619, 2003)

A. Notice of hearings by the planning commission on appeal requests shall be as specified in Chapter 17.192.

B. Notice of hearings by the city council on appeal requests shall be as specified in Chapter 17.192.

(Ord. 619, 2003)

Following denial of an initial application an applicant may submit a supplemental application for remaining permitted uses.

A. A person whose application for a permit is denied by the city may submit to the city a supplemental application for any or all other uses allowed under the city’s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

B. The city or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within two hundred forty (240) days after the application is deemed complete. Except that two hundred forty (240) days shall substitute for one hundred twenty (120) days, all other applicable provisions of ORS 227.178 (“The 120-Day Rule”) shall apply to a supplemental application submitted under this section. See Section 17.188.010.

C. A supplemental application submitted under this section shall include a request for any rezoning or variance that may be required to issue a permit under the city’s comprehensive plan and land use regulations.

D. The city shall adopt specific findings describing the reasons for approving or denying:

1. A use for which approval is sought under this section; and

2. A rezoning or variance requested in the application.

(Ord. 619, 2003)