City of The Dalles, OR Article 3.020 Review Procedures

§ 10.3.020.010 Purpose.

A. This Article describes the review procedures required to make final decisions regarding applications for ministerial actions, planning actions, and legislative actions, and to provide for appeals from aggrieved persons or parties.

B. The City of The Dalles does not have a State Building Code review function. This aspect of permitting is performed by the State of Oregon. However, the City of The Dalles requires City building/use permits for all new construction, exterior structural modifications to existing structures, demolitions, and changes of use.

C. A City supplemental building permit is valid for a period of 6 months, or so long as there is a valid and active state (BCA) building permit issued for the same work. If the state (BCA) building permit expires, so does the City supplemental permit. Once expired, the City supplemental permit cannot be renewed. A new permit must be obtained under the development rules at the time of the submittal of the new application.

§ 10.3.020.020 Procedures and Decision Types.

A. Ministerial Actions. The Director shall have the authority to review and approve or deny ministerial actions. Ministerial actions are not land use decisions or limited land use decisions as defined by ORS 197.015(12) and (10). Ministerial actions do not require public notice, public hearing, or decision notice. Ministerial actions are final decisions at the local level.

B. Land Use Actions. Administrative actions and quasi-judicial actions are both planning actions. Planning actions may be appealed per the provisions of Section 10.3.020.080: Appeal Procedures.

1. Administrative Actions. The Director shall have the authority to review and approve, approve with conditions, or deny applications subject to processing as administrative actions. Decisions on administrative actions shall be based on the applicable clear and objective standards contained in this Title. The Director shall provide notice of application to all affected persons, allow an opportunity for written comment prior to final decision, and provide notice of decision to applicant and all parties of record, in accordance with Section 10.3.020.040: Administrative Actions and ORS 197.195, "Limited land use decisions; procedures."

2. Quasi-Judicial Actions. The Hearings Officer has the authority to review and approve, approve with conditions, or deny applications subject to processing as quasi-judicial planning actions after public hearing under Section 10.3.020.070. City Council hears appeals on the record under Section 10.3.020.080. All quasi-judicial actions shall be reviewed through the public hearing process described in Section 10.3.020.070: Public Hearings, and in accordance with ORS 197.797, including notice to affected persons and the procedural requirements specified therein.

C. Legislative Actions. Legislative actions are typically those which involve the implementation of land use policy, and include, but are not limited to, the decision types specified in Section 10.3.020.060: Legislative Actions. The Planning Commission, and where appropriate, the Historic Landmarks Commission, shall review all requests processed as legislative actions and make a recommendation to Council to approve, approve with conditions, or deny the request. The Council shall make a final decision per the provisions of Section 10.3.020.060: Legislative Actions. Judicial review is as provided in Sections 10.3.020.060.H and 10.3.020.080.J.

D. Expiration and Extension.

1. Expiration. Except for City building permits, which are addressed in Section 10.3.020.010, development must begin within one year of the notice of decision for the land use permit to remain valid, unless specific provisions for a different time period are provided for in other code sections. If development has not begun within the time period, expiration is automatic and no notice is required. Unless a more specific time limit is provided elsewhere in this Title, this section controls.

2. Extension. The Director may grant an extension for up to one year upon receipt of a request in writing. The request must be received in the Community Development Department one week prior to the expiration date. The provisions of LUDO Section 10.3.030.070B shall apply to all requests for extensions. If a more specific extension standard applies in a particular chapter, that specific standard controls.

(Ord. 26-1424, 1/12/2026)

§ 10.3.020.030 Ministerial Actions.

A. Option to Process as Administrative Action. At the discretion of the Director, a ministerial action may be processed as an administrative, per the provisions of Section 10.3.020.040: Administrative Actions.

B. Decision Types. Ministerial actions include, but are not limited to, the following:

1. Land uses permitted outright in any zone district, except those land uses which require in depth review, including, but not limited to, site plan review.

2. Sign permits (Chapter 10.13).

3. Review of environmental and hazard maps.

4. Lot Line Adjustments (Section 10.9.030.070).

5. Minor amendments to subdivisions and partitions.

6. Final subdivision approval (Section 10.9.040.060).

7. Final partition approval (Section 10.9.030.050).

8. Physical Constraints Permit (Chapter 10.8).

9. Proposed Change of Use (Section 10.6.150.020).

10. Title 10 Review of Building Permit Application.

C. Time Limits. The Director shall approve or deny an application for a ministerial action within 21 days of the application being deemed complete unless the time limit is extended with the consent of the applicant.

D. Final Decision. The approval or denial of a ministerial action shall be the City's final decision.

(Ord. 19-1373; Ord. 23-1400)

§ 10.3.020.040 Administrative Actions.

A. Option to Process as Quasi-Judicial Action. At the discretion of the Director or the applicant, an administrative action may be processed as a quasi-judicial action, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.

B. Decision Types. Administrative actions include, but are not limited to, Site Plan Reviews; Administrative Adjustments; Home Business Permits; Minor Partitions; Subdivisions; Manufactured Dwelling Parks; Recreational Vehicle Parks; Cottage Cluster Developments; and other administrative permits expressly assigned to the Director by this Title.

C. Notice of Application.

1. Within 10 days after receipt of a complete application for administrative action, notice of the request shall be mailed to:

a. The applicant and owners of record of property on the most recent property tax assessment within 100 feet of subject property.

b. Any affected governmental agency, department, or public district within whose boundaries the subject property lies.

2. The notice provided by the Department shall:

a. Explain the nature of the application and the proposed use or uses which could be authorized.

b. Set forth the street address or other easily understood geographical reference to the subject property.

c. Provide a 14-day comment period, from the day notice mailed, for submission of written comments prior to the decision.

d. State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Hearings Officer on that issue.

e. List by commonly used citation the applicable criteria for the decision.

f. State the place, date, and time that comments are due.

g. State that a copy of the application, all documents and evidence submitted by the applicant, and all applicable criteria are available for inspection at no cost and will be provided at a reasonable cost.

h. Include the name and telephone number of the Department to contact for additional information.

3. The failure of a property owner to receive notice as provided in this Article shall not invalidate such proceedings if the Department can show that such notice was given.

D. Staff Report. Administrative decisions shall be signed by the Director, and based upon and accompanied by a staff report that includes:

1. An explanation of the criteria and standards considered relevant to the decision.

2. A statement of basic facts relied upon in rendering the decision.

3. Findings which explain and justify the reason for the decision based on the criteria, standards, and basic facts set forth.

E. Final Decision. The approval, approval with conditions, or denial of an administrative action constitutes the City's final decision for administrative purposes, but may be appealed to the Hearings Officer in accordance with Section 10.3.020.080 Appeal Procedures.

F. Notice of Decision. Decision notice shall be provided to the applicant, the Hearings Officer, the Commission, and any party of record. The decision notice shall include:

1. A brief summary of the decision and the decision making process.

2. An explanation of appeal rights and requirements.

G. Effective Date of Decision. A final decision on administrative actions is effective on the date notice of the decision is mailed to the applicant and parties of record, unless appealed in accordance with Section 10.3.020.080 Appeal Procedures.

H. Appeal. Administrative actions may be appealed to the Hearings Officer, per the provisions of Section 10.3.020.080: Appeal Procedures.

(Ord. 19-1373; Ord. 23-1400; Ord. 26-1424, 1/12/2026)

§ 10.3.020.050 Quasi-Judicial Actions.

A. Decision Types. Quasi-judicial actions include, but are not limited to, the following:

1. Conditional Use Permits (Article 3.050).

2. Nonconforming Uses (Article 3.090).

3. Planned Developments (Article 9.050).

4. Quasi-Judicial Adjustments (Article 3.080).

5. Variances (Article 3.070).

6. Zone Changes (Article 3.100).

B. Staff Report. The Director shall prepare and sign a staff report for each quasi-judicial action which identifies the criteria and standards applying to the application and summarizes the basic findings of fact. The staff report may also include a recommendation for approval, approval with conditions, or denial.

C. Public Hearings.

1. Hearings on applications for quasi-judicial actions shall be conducted per the procedures in Section 10.3.020.070: Public Hearings.

2. Unless otherwise ordered by the hearings body (i.e., the decision-maker authorized by this Title: Hearings Officer for quasi-judicial and the City Council on appeal), the Director shall take complete applications for quasi-judicial actions in the order in which they are filed.

3. The hearings body shall hold at least one public hearing on a complete application.

4. The burden of proof is placed on the applicant seeking a planning action.

5. The applicant's attendance is required at the prescribed public hearing for the action, unless otherwise authorized by the hearings body.

6. Prior to the public hearing the applicant is recommended, but not required, to conduct an outreach meeting with nearby residents and others who may be affected by the development.

D. Notice of Hearing. At least 20 days before the initial evidentiary hearing on a quasi-judicial action, notice of the hearing shall be mailed to:

1. The applicant and owners of record of property on the most recent property tax assessment roll within 300 feet of the subject property.

2. Any affected governmental agency, department, or public district whose boundaries include the subject property.

3. Any neighborhood or community organization recognized by the Department and whose boundaries include the subject property.

4. The notice provided by the Department shall:

a. Explain the nature of the application and the proposed use or uses which could be authorized.

b. Set forth the street address or other easily understood geographical reference to the subject property.

c. Written comments on the application may be submitted to the City at any time prior to the close of the public hearing. Comments submitted prior to issuance of the staff report are encouraged to allow staff adequate time to address them in the analysis. Oral and written testimony will also be accepted during the public hearing.

d. State that failure to raise an issue in writing within the comment period, or at the public hearing, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to LUBA on that issue.

e. List by commonly used citation the applicable criteria for the decision.

f. State the place, date, and time of the hearing.

g. State that a copy of the application, all documents and evidence submitted by the applicant, and all applicable criteria are available for inspection at no cost and will be provided at a reasonable cost.

h. State that a copy of the staff report will be available for inspection at no cost and will be provided at a reasonable cost at least 7 days prior to the hearing.

i. Include the name and telephone number of the Department to contact for additional information.

j. Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

5. The failure of a property owner to receive notice as provided in this Article shall not invalidate such proceedings if the Department can show that such notice was given.

E. Decision on Quasi-Judicial Actions. The decision of the Hearings Officer shall be adopted by resolution, signed by the presiding officer, and based upon and accompanied by a brief statement that includes:

1. An explanation of the criteria and standards considered relevant to the decision.

2. A statement of basic facts relied upon in rendering the decision.

3. Ultimate facts which explain and justify the reason for the decision based on the criteria, standards and basic facts set forth.

F. Final Decision. The approval, approval with conditions, or denial of a quasi-judicial action constitutes the City's final decision for quasi-judicial purposes, but may be appealed to the City Council in accordance with Section 10.3.020.080, Appeal Procedures.

G. Notice of Decision. Decision notice shall be mailed to the applicant and all participating parties within 5 working days of the date of the signed resolution. The decision notice shall include the following:

1. The date of decision.

2. A brief description of the action taken.

3. The place where, and time when decision may be reviewed.

4. An explanation of appeal rights and requirements.

H. Effective Date of Decision. A final decision on quasi-judicial actions is effective on the date notice of the decision is mailed to the applicant and parties of record, unless appealed in accordance with Section 10.3.020.080 Appeal Procedures.

I. Appeal. Quasi-judicial actions may be appealed to the City Council, per the provisions of Section 10.3.020.080: Appeal Procedures.

(Ord. 19-1373; Ord. 23-1400; Ord. 24-1405; Ord. 26-1424, 1/12/2026)

§ 10.3.020.060 Legislative Actions.

A. Decision Types. Legislative actions include, but are not limited to, the following:

1. Annexations (Chapter 10.14).

2. Comprehensive Plan amendments.

3. Comprehensive Plan map amendments.

4. Zone changes (Article 3.100).

5. Zoning Ordinance amendments (Article 3.110).

6. Urban Growth Boundary amendments.

B. Public Hearings.

1. The Commission shall hold at least one legislative public hearing to review applications for legislative actions and, by duly adopted resolution, make a recommendation to the Council to approve, approve with conditions, or deny the request.

2. The Council shall hold a legislative hearing on applications for legislative actions within 60 days of the date of the Planning Commission resolution or, where appropriate, the Historic Landmarks Commission resolution, recommending approval, conditional approval, or denial of the request.

3. Legislative hearings shall be conducted per the procedures of Section 10.3.020.070: Public Hearings.

4. Unless otherwise ordered by the Commission or Council, the Director shall take completed applications for legislative actions in the order in which they are filed.

5. The burden of proof is placed on the applicant seeking a legislative action.

6. The applicant's attendance is required at the prescribed public hearing for the action, unless otherwise authorized by the hearings body.

C. Notice of Hearing. At least 10 days before the legislative hearings of the Historic Landmarks Commission, the Planning Commission, or the Council, notice of the hearing shall be published in a newspaper of general circulation. Such notice shall:

1. Explain the application and the proposed amendment(s), change(s), or use(s) which could be authorized.

2. List the applicable ordinance standards and/or criteria, Comprehensive Plan policies, Oregon Planning Goals and Guidelines, Oregon Administrative Rules, Oregon Revised Statutes, and Secretary of the Interior's Standards for Rehabilitation that apply to the particular application.

3. Set forth the geographical reference to the subject area.

4. State that in order to preserve any potential appeal rights to LUBA, persons must participate either orally or in writing in the legislative action proceeding in question.

5. Include the name and telephone number of the Director to contact for additional information.

D. Decision on Legislative Actions. The Council's decision shall be an ordinance adopted by majority vote, signed by the Mayor, and based upon and accompanied by a brief statement that includes:

1. An explanation of the criteria, standards, policies, and laws considered relevant to the decision.

2. A statement of basic facts relied upon in rendering the decision.

3. Ultimate facts which explain and justify the reason for the decision based on the criteria, standards, policies, laws, and basic facts set forth.

E. Final Decision. The Council's decision on legislative actions shall be the City's final decision.

F. Notice of Decision. Decision notice shall be mailed to all participating parties within 5 working days of the date of the ordinance is adopted by the Council and signed by the Mayor. The decision notice shall include the following:

1. The date of decision.

2. A brief description of the action taken.

3. The place where, and time when the decision may be reviewed.

4. An explanation of appeal rights and requirements.

G. Effective Date of Decision. A final decision on legislative actions shall be effective 30 days after the day the ordinance is adopted by the Council and signed by the Mayor, unless the decision is adopted as an emergency ordinance, in which case the decision may take effect as soon as adopted.

H. Judicial Review. The City Council’s decision on legislative actions is the City’s final local decision. Judicial review is as provided in Section 10.3.020.080.J.

(Ord. 26-1424, 1/12/2026)

§ 10.3.020.070 Public Hearings.

A. Quasi-Judicial Hearing Procedure. All quasi-judicial hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, "Public Meetings."

1. Opening Statement. At the commencement of a quasi-judicial hearing a statement shall be made to those in attendance that:

a. Lists the applicable substantive criteria.

b. States that evidence and testimony must be directed toward the listed applicable substantive criteria, or other criteria in the Comprehensive Plan or this Title which the person believes to apply to the decision.

c. States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue, precludes appeal to LUBA based on that issue.

d. States that failure to participate in the public hearing, either orally or in writing, precludes appeal to LUBA.

e. Includes other general rules of conduct for the public hearing as deemed necessary by the hearings body.

2. Ex-parte, Conflict of Interest, and Bias.

a. After the opening statement required by paragraph (A)(1) of this section has been read, members of the hearings body shall declare any actual or potential conflicts of interest, any ex parte contacts, including the substance of those contacts and any conclusions the member reached because of those contacts, and any bias.

b. No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 244.135, "Method of handling conflicts by planning commission members," has a direct or substantial financial interest; or in which the member has a bias.

c. If the member refuses to disqualify him or herself for conflict of interest, ex parte contact, or bias, the hearings body shall have the power to remove such member, by majority vote of those present, for that proceeding.

d. The public may challenge any member of the hearings body on conflict of interest, ex parte contact, or bias for any public hearing. The challenge must be supported by evidence and made before the hearing begins. All parties shall be advised that they have the right to rebut such challenges.

3. Staff Report. A staff report shall be presented which identifies the criteria and standards applying to the application and summarizes the basic findings of fact. The staff report may also include a recommendation for approval, approval with conditions, or denial.

4. Testimony and Evidence.

a. All testimony and evidence must be based on the criteria contained in this Title or the Comprehensive Plan which the person believes applies to the final decision.

b. The failure to raise an issue precludes appeal to LUBA on that issue.

c. Oral and written testimony shall be taken first from the applicant, then from proponents of the action, followed by testimony from opponents, and finally from other interested parties. Proponents will then have an opportunity for rebuttal.

d. Members of the hearings body may ask questions of staff, proponents, opponents, and other interested parties at any time.

e. Each person's testimony may be limited to 5 minutes or less.

f. Submission of Written Testimony.

i. Signed written testimony may be submitted prior to the hearing by mail or personal delivery. Faxes and emails will only be accepted if sent to the location specified by the Community Development Department.

ii. All written testimony must include the name and either the mailing or email address of the person submitting the testimony. Electronic notice is sufficient for any person who provides an email address.

iii. Written testimony received at least five working days prior to the hearing shall be distributed to the hearing body prior to the hearing. Written testimony received by 5:00 p.m. on the day of the hearing shall be presented to the hearing body at the time of the hearing.

iv. Written and verbal testimony may also be presented in person at the hearing.

5. Continuance. Prior to the conclusion of the public hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The Hearings Officer shall grant such request by continuing the public hearing or leaving the record open for additional evidence or testimony in accordance with the provisions of ORS 197.797 "Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures."

6. Final Decision. The Hearings Officer's final decision shall be based on adequate findings of fact presented during the hearing.

B. Legislative Hearing Procedure. The Historic Landmarks Commission, Planning Commission, and Council each have the authority to hold legislative hearings. All legislative hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, "Public Meetings."

1. Conflict of Interest. At the start of each public hearing on legislative actions, the presiding officer shall ask if any member of the hearings body wishes to make any disclosure, or abstain from participating or voting on the matter being heard because of possible financial gain resulting from the legislative action.

(Ord. 26-1424, 1/12/2026)

§ 10.3.020.080 Appeal Procedures.

The following procedures apply to the appeals of final decisions on administrative planning actions made by the Director, and final decisions on quasi-judicial planning actions made by the Hearings Officer. Final decisions on legislative actions and appeal decisions made by the Council may all be appealed to the LUBA, subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation."

A. Appeal Body and Scope.

1. Administrative Permit Decisions (Without a Hearing). An appeal of an administrative permit decision that was made without an evidentiary hearing shall be heard de novo in an evidentiary hearing. The de novo appeal is the initial evidentiary hearing required by state law and shall be conducted in accordance with ORS 197.797 (or successor statute). At the de novo hearing: (a) the applicant and other parties shall have the same opportunity to present testimony, arguments, and evidence as would have been allowed had a hearing occurred in the first instance; and (b) the presentation of testimony, arguments, and evidence is not limited to issues identified in the notice of appeal. See ORS 227.175(10)(a)(D) through (E).

2. Quasi-Judicial Decisions (With a Hearing). An appeal to the City Council is on the record. The Council shall hold a hearing at least for argument and shall consider the record of the prior proceeding. No new issues, evidence, or arguments not previously presented shall be accepted, except that the Council may, in its discretion, accept additional evidence solely to correct a procedural error in the prior proceeding or to consider evidence that could not reasonably have been presented earlier despite due diligence. See ORS 227.180. Any allowance for new evidence under this subsection must remain consistent with ORS 227.175(10) and the hearing procedures in ORS 197.797. Consistent with ORS 197.195 issue-preservation requirements and ORS 197.797 hearing procedures, on-the-record appeals are limited to issues raised with sufficient specificity below.

3. Limited Land Use Decisions. A local appeal of a limited land use decision is on the record unless the City elects to allow new evidence. If the City allows new evidence, the appeal hearing shall comply with the local quasi-judicial hearing procedures in ORS 197.797 and functions as the initial evidentiary hearing for that matter. See ORS 197.195(5). On-the-record appeals under this subsection are limited to issues raised with sufficient specificity below, consistent with ORS 197.195(6).

B. Right to Appeal Decisions. The following may file an appeal to decisions resulting from planning actions described in this section:

1. Any party of record to the particular action.

2. A person entitled to notice and to whom no notice was mailed. A person to whom notice is mailed is deemed notified even if notice is not received.

3. The Historic Landmarks Commission, the Planning Commission, or the Council by majority vote. No fee is required for an appeal under this section.

4. The City Manager. No fee is required for an appeal under this section.

5. Notwithstanding subsections B.1 through 4, for decisions on mandatory adjustments made under Section 10.3.080.030(A), only the applicant may file a local or Land Use Board of Appeals appeal, consistent with Section 38(3) of Oregon Senate Bill 1537 (2024) and any successor statute.

C. Filing Appeals.

1. To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Department. The standard appeal fee shall be required as part of the notice of appeal.

2. The notice of appeal and appeal fee must be received at the Community Development Department office no later than 5:00 p.m. on the 12th day following the date of the mailing of the notice of decision. (See Section 10.1.110: Computation of Time for an explanation of how days are counted).

3. Notices of appeal shall not be accepted by fax, email, or telephone.

D. Notice of Appeal. Every notice of appeal shall include:

1. Appellant's name and address, and a statement describing how the appellant qualifies as a party.

2. The date and a brief description of the decision being appealed.

3. The specific grounds why the decision should be reversed or modified, based on the applicable criteria or procedural error.

4. The standard appeal fee.

E. Jurisdictional Defects.

1. Any notice of appeal which is filed after the deadline set forth in subsection C.2 of this section, or which is not accompanied by the required fee set forth in subsection D.4 of this section, shall not be accepted for filing.

2. Except as provided in this paragraph, the failure to comply with any other provision of subsection C or D of this section may be treated as a procedural defect. A procedural defect may be grounds to dismiss an appeal that is not subject to the de novo hearing requirements of ORS 227.175(10). For appeals of permit decisions made without an evidentiary hearing, the City shall not deny the de novo appeal required by ORS 227.175(10)(a) solely because the notice of appeal does not identify specific issues, and the presentation of testimony, arguments, and evidence at the de novo hearing shall not be limited to issues raised in the notice of appeal. Determination of whether an appeal is procedurally sufficient shall be made by the Director, with the advice of the City Attorney, after the expiration of the applicable appeal period described in subsection C.2. Any such determination shall be reflected in the record of the appealed decision and may be considered in any subsequent review under ORS 197.830 to 197.845.

F. Consolidation of Appeals.

1. If more than one party files a notice of appeal on a planning action decision, the appeals shall be consolidated, and noticed and heard as one proceeding.

2. To the extent the Department's anticipated costs are more than covered by multiple appeals fees received when multiple appeals are filed, the Director may authorize a refund of a portion of the appeal fees to the appellants in an equitable manner.

G. Notification of Appeal Hearing. Except for a de novo appeal hearing that constitutes the initial evidentiary hearing under Section 10.3.020.080.A.1, which shall be noticed consistent with Section 10.3.020.050.D, the notice of appeal, together with notice of the date, time, and place of the appeal hearing, shall be mailed to all parties at least 14 days prior to the hearing.

H. Decision of Appeal.

1. The Hearings Officer or Council may affirm, reverse, or modify the planning action decision being appealed, including approving, approving with conditions, or denying a particular application.

2. The Hearings Officer or Council shall make findings and conclusions, and make a decision based on the hearing record.

3. A notice of appeal decision shall be sent to all parties participating in the appeal.

I. Refund of Appeal Fee. An applicant can request a refund of an appeal fee by letter submitted to the Community Development Department within 10 days after the appeal is determined. The letter shall state in detail the reason for the requested refund. Staff shall prepare a report and send the letter and report to the City Manager. The City Manager may consider the letter, the staff report, and any other factors in making a recommendation. The City Manager's recommendation shall be submitted for action on the City Council's consent agenda. No public hearing is required. Final action on the request shall be taken by the City Council.

J. Final Local Decision and Judicial Review. The City Council's decision on an appeal under this section, and the City Council's decision on a legislative action under Section 10.3.020.060, are the City's final local decisions. To the extent a decision constitutes a land use decision or a limited land use decision under ORS 197.015, judicial review is by the Land Use Board of Appeals under ORS 197.830 to 197.845. For other decisions, judicial review is as provided by state law.

(Ord. 26-1424, 1/12/2026)

§ 10.3.020.090 Affordable Housing.

A. Permitted Use.

1. ORS 197A.445 (Allowed Outright). Affordable housing is permitted outright on qualifying properties as provided in ORS 197A.445(2), including property owned by a public body, a religious nonprofit corporation, a qualifying public benefit nonprofit corporation whose primary purpose is the development of affordable housing, a housing authority, or a manufactured dwelling park nonprofit cooperative, subject to the locational and infrastructure limitations in ORS 197A.445(4) through (7). No zone change or conditional use permit shall be required where ORS 197A.445 applies.

2. ORS 197A.460 (Commercial Lands). Within the UGB, on lands zoned to allow only commercial uses and not industrial uses, residential or mixed-use structures that meet the affordability covenants under ORS 456.270 to 456.295 are allowed as provided in ORS 197A.460, and shall be reviewed under the clear and objective standards applicable to the most comparable residential zone pursuant to ORS 197A.200 and 197A.400.

B. Final Action Timeline. For applications that qualify under ORS 197A.470 (multifamily or multiunit developments of five or more units with at least 50% of the units affordable as defined in ORS 197A.470), the City shall take final action, including resolution of all local appeals, within 100 days after the application is deemed complete, consistent with ORS 197A.470. For other applications, final action timelines are as provided in ORS 227.178 and this Title. The Director is designated Permit Coordinator and will expedite and assist in the approval of all local permits for applications qualifying under ORS 197A.470.

(Ord. 19-1373; (Ord. 26-1424, 1/12/2026))