Application Types

In general, Type 1 and Type 2 are non-discretionary decisions handled by the Community Development Department staff (including Administrative Decisions by the Director). Type 3 and 4 are more complex (and often more controversial) decisions, which are heard and decided by appointed or elected officials and have one level of appeal within the city. The levels of review for each application type differ not only in the public bodies involved, but also in their timelines, the degree of public notice given, and their provisions for citizen input.
Land Uses Type 1 Type 2 Type 3 Type 4
Pre-Application Conference   X X X
Neighborhood Review Meeting     X X
Public Notice   X X X
120 Day Rule X X X  
Director's Decision X X    
Public Hearing     X X
City Council Ordinance       X

Type 1 Applications


Type 1 applications are reviewed by Community Development Department staff. Decisions are based on clear and objective approval criteria and do not require discretion by staff. The approval criteria are found in the Development Code. Type 1 applications include, but are not limited to; lot line adjustments, final land division, minor building additions, minor landscaping changes, temporary use permits, and changes to exterior finish materials. Type 1 applications do not require public notice to adjacent property owners or NACs. Type 1 decisions may only be appealed by the applicant. The Community Development Department Director is the decision-making authority.

Type 2 Applications


Type 2 applications are reviewed by Community Development Department staff. Decisions are based on clear and objective approval criteria and do not require discretion by staff. Type 2 applications include, but are not limited to; preliminary land divisions, minor adjustments, large building additions and limited new construction, and parking determinations.

Some Type 2 applications are reviewed by the Facilities Review Committee. The Committee recommends conditions of approval for the application. The public can attend the Facilities Review meeting, but cannot comment since this is not a public hearing.

Notice of the Type 2 applications are mailed out after the application is deemed complete. Notice is mailed to property owners and any NAC within 300 feet of the property at least 20 days before the Director issues a decision. Persons receiving a mail notice may submit written comments no later than the comment closing date specified on the written notice of application. Public notice is also published in the Beaverton Valley Times or The Oregonian. The applicant must also post at least one blue sign on the property a minimum of 20 days before the Director issues a decision.

Notice of the decision is sent to the NAC and any parties who submitted written comments. Only those persons who submitted written evidence prior to the Director's decision may appeal this decision. The Planning Commission considers the appeal of Type 2 decisions. An appeal must be submitted within 12 calendar days of the date the decision was dated and mailed (not the date it is received in the mail).

Type 3 Applications


Type 3 applications are reviewed by the Planning Commission. Decisions are based on discretionary approval criteria. Type 3 applications include, but are not limited to; variances, large new construction, and site specific zoning map amendments. Some Type 3 applications are reviewed by the Facilities Review Committee. The Committee recommends conditions of approval for the application. The public can attend the Facilities Review meeting, but cannot comment since the meeting is not a public hearing

Notice of the Type 3 applications are mailed out after the application is deemed complete. Notice is mailed to property owners and any NAC within 500 feet of the property at least 20 days before the public hearing. Persons receiving a mail notice may submit written comments prior to the public hearing or may provide oral testimony at the public hearing. Public notice is also published in the Beaverton Valley Times or the Oregonian. The applicant must also post at least one blue sign on the property a minimum of 20 days before the public hearing.

Notice of the decision is sent to the affected NACs and any parties who submitted public testimony. Only those persons who submitted public testimony prior to the Planning Commission's decision may appeal the decision. The City Council considers the appeal of Type 3 decisions. An appeal must be submitted within 10 calendar days of the date the decision was dated and mailed (not the date it is received in the mail).

Type 4 Applications


Type 4 applications are legislative in nature, and create the land use policies, rules and procedures for development in the city. Type 4 applications amend the Development Code and/or Comprehensive Plan. Type 4 procedures generally apply to a relatively large geographic area containing many property owners.

Type 4 applications involve a Planning Commission public hearing and City Council adoption of an Ordinance. The Planning Commission decision is a recommendation forwarded to the City Council. Appeals of the Planning Commission decision are heard by the City Council. Appeals of a City Council decision are made to the Land Use Board of Appeals (LUBA).

Type 4 applications may require citywide individual property owner notice if new rules are being proposed that constitute a rezoning of land; otherwise, individual property owner notice depends on the topic of the Type 4 application. Notice is only sent to affected property owners and NACs, as determined by the Director. Public notice must be mailed not more than 40 but not fewer than 20 calendar days before the initial public hearing.