Article 7: Hearing Bodies and Review Authority.................7-1 7.010 Purpose................................................7-1 7.020 Director...............................................7-1 7.021 Appointment.......................................7-1 7.022 Review Authority..................................7-1 7.030 Hearings Officer.......................................7-1 7.031 Appointment.......................................7-1 7.032 Review Authority..................................7-1 7.040 Planning Commission....................................7-1 7.041 Appointment and Service...........................7-1 7.042 Staffing..........................................7-2 7.043 Administrative Procedure and Report Format........7-2 7.044 Applications and Fees.............................7-2 7.045 Review Authority..................................7-3 7.050 Mayor and City Council.................................7-3 7.051 Election..........................................7-3 7.052 Review Authority..................................7-3 7.060 Historical Buildings and Sites Commission..............7-3 7.061 Appointment and Service...........................7-3 7.062 Hearing Rules.....................................7-4 7.063 Review Authority..................................7-5 7.064 Other Duties and Functions........................7-5 Article 7: Hearing Bodies and Review Authority 7.010 Purpose The purpose of this Article is to set forth the method of appointment and land use review authority of the Director, Hearings Officer, Planning Commission, Historical Buildings and Sites Commission and City Council. 7.020 Director 7.021 Appointment. The Director shall be appointed by the City Manager as an employee of the City, according to City personnel procedures. 7.022 Review Authority. The Director shall have the authority to make a final decision on all land use matters requiring a Type I or Type II procedure, as provided in Sections 2.030 and 2.040, issue a Development Permit, as provided in Section 3.070, and interpret this Code, as provided in Section 1.051. 7.030 Hearings Officer 7.031 Appointment. A Hearings Officer may be appointed by the City Manager on a contractual basis and according to City contract procedures. The Director shall make an annual report to the City Manager regarding the performance of the Hearings Officer. 7.032 Review Authority. The Hearings Officer may have the authority to make a final decision on land use matters requiring a Type II or Type III procedure as established by the Director and approved by the City Council. 7.040 Planning Commission 7.041 Appointment and Service. (1) Joint Appointment. The Planning Commission shall consist of eight members, four appointed by the City Council and confirmed by the Board of County Commissioners, and four appointed by the Board of County Commissioners, and confirmed by the City Council. (2) Profession or Business. Members appointed to the Urban Area Planning Commission shall qualify under the standards established in ORS Chapter 215 for appointment of County Planning Commissioners, and shall qualify under the standards established in ORS Chapter 227 for appointment of City Planning Commissioners. (3) Residence. The members of the Urban Area Planning Commission shall reside or own property within the Urban Growth Boundary and be residents of Josephine County, and shall generally represent the four wards of the City of Grants Pass and their future expansion North of the Rogue River, and the three geographic areas South of the Rogue River: Fruitdale, Harbeck and Redwood. 7.042 Staffing. The Urban Area Planning Commission shall be adequately staffed by both the City and County. The City shall be the administrative lead agency for the Urban Area Planning Commission and responsible for initiating the Commission agenda, establishing the time and place of Commission Meetings, and contacting Commissioners. Agendas for the Urban Area Planning Commission shall be established by the City Director of Community Development, with the consent of the County Planning Director, and the Chairman or Vice Chairman of the Urban Area Planning Commission. 7.043 Administrative Procedure and Report Format. Administrative procedures and report format shall be established by a mutual agreement between the Director and the County Planning Director, and shall be designed to carry out the provisions of this Code and the Urban Area Services Management Agreement, and as amended. Such procedures shall clearly establish between the City and County Planning staffs the lead staff responsibility for client contact, project analysis, staff reports, and presentation to the Urban Area Planning Commission and to the appropriate governing body. 17.044 Applications and Fees. Applications for permits or hearings before the Urban Area Planning Commission shall be made in accordance with the provisions of the adopted intergovernmental management agreement between the City of Grants Pass and Josephine County. 7.045 Review Authority. The Planning Commission shall have the authority: (a) to make a final decision on all land use matters requiring a Type III procedure, (b) to make recommendations to the City Council or Board of County Commissioners, as appropriate, on all land use matters requiring a Type IV procedure, and (c) when requested by the Board and Council, to make recommendations to the City Council and Board of County Commissioners on land use matters of joint deliberation requiring a Type V procedure. 7.050 Mayor and City Council 7.051 Election. The Mayor and members of the City Council are the elected representatives of the City of Grants Pass, elected or appointed as provided by the City charter and State law. 7.052 Review Authority. (1) The City Council shall have the authority to make a final decision on all land use matters requiring a Type IV procedure within the City limits, and outside the City limits subject to an annexation contract. (2) The City Council shall have the authority to make a final decision or participate jointly in a final decision with the Board of County Commissioners on all land use matters requiring a Type V procedure as provided in the joint Urban Area Services Management Agreement. 27.060 Historical Buildings and Sites Commission 37.061 Appointment and Service (1) The Commission shall consist of individuals who have been appointed by the Mayor and City Council and shall consist of the following six members: (a) Two representatives from local historical societies in Grants Pass, (b) One representative who is either the owner of a property located within the Historic district, the owner of a property located within a Conservation District, or the owner of a Historic Landmark as defined by Section 13.312 of the Development Code and Designated under Section 13.420 of the Development Code. (c) One representative who is the owner of a business located within the Central Business District of the City of Grants Pass, (d) One representative who is either a licensed designer or architect, or, if no candidate is available who is either a licensed designer or architect, the Mayor and City Council may appoint a representative with similar credentials, with preference given to those candidates with historic preservation experience and training, (e) One representative from the citizens at large. (2) Terms of Service. The terms of service for members shall be for two (2) years. When any member of the Commission fails to attend three (3) consecutive regular meetings of the Commission, unless his absence has been excused by the Commission, the Commission shall thereupon report this fact to the City Council. The City Council shall thereupon declare the position held by such member vacant and another member shall be appointed to the Commission to serve the unexpired portion of the term of the position so vacant. No member shall serve more than six (6) consecutive years. A vacancy occurring in a position for any reason other than the expiration of the term shall be filled by the appointment of the Mayor with confirmation by the City Council for the remainder of the term. (3) Officers. The officers shall consist of a chairperson and any other officer deemed necessary by the Commission. Officers shall be elected by the Commission members. No individual shall hold the same office for more than two (2) consecutive years. 3(4) Meetings, Quorum and Staff. The Historical Buildings and Sites Commission shall hold official meetings monthly and as called by the Chairperson, and a quorum at such meeting shall consist of not less than four (4) members. The City Community Development Department shall serve as staff and advisors to the Commission. 7.062 Hearing Rules. The Historical Buildings and Sites Commission shall follow the Quasi-judicial Land Use Hearing Rules as provided in Section 8 of this Code in the conduct of any review procedure required under Section 13.400 of this Code. 7.063 Review Authority. The Historical Buildings and Sites Commission shall have the authority: (a) to make a final decision on all historic review matters requiring a Type III procedure, and (b) to make recommendations to the City Council on all historic review matters requiring a Type IV procedure. 7.064 Other Duties and Functions. In addition, the Historical Buildings and Sites Commission shall have the following duties and functions: (1) Promotions: Promote to the community the economic, cultural, social and visual importance of historic preservation. (2) Education: Provide education, training and research services to the schools, colleges and libraries, and property owners including information on design, building materials, preservation tax credits and other financial incentives, information on how to research the history of a building or site, and information on sources of technical and financial assistance. (3) Advice: Advise the City Council, Board of County Commissioners, Urban Area Planning Commission, Josephine County Historical Society, property owners and other interested agencies, boards, commissions or citizens on matters related to historic preservation within the City and urbanizing area. (4) Research: Identify areas of archaeological significance; buildings of historic or architectural significance; historic landmarks; and areas of concentration of such sites within the City. Provide additional information on buildings that are identified as historic landmarks or that are being considered for historic landmark designation. 1 Revised 3-6-96 2 Revised 8-1-84, 3-6-96 3 Revised 5-31-01 (Ordinance 5062)