The City Planning Commission shall have the power and duty to
enforce the provisions of this title. An appeal from a ruling by the
Planning Commission regarding a requirement of the title may be made
only to the City Council.
(Ord. 454 §2, 2000)
The Planning Commission shall have the authority to review any
application or tentative plan accepted by staff, and shall prepare
a report containing all pertinent information relative to the proposal
if required. The City shall maintain a written record of the action
taken, including appropriate findings, by the appropriate hearing
body, relative to every application. Such records shall be readily
available for public inspection.
(Ord. 454 §2, 2000)
To provide opportunities for public input in the planning process,
the City shall, through the mechanisms provided in the Citizen Involvement
Program, submit all applications to the citizens for comment and review.
(Ord. 454 §2, 2000)
To assure affected agency involvement in the planning process,
when appropriate, applications shall be submitted to appropriate local,
state and federal agencies for their review and comment.
(A)
Applications for Change of Zone, Annexations, Plan Amendments, and
Subdivisions to be referred to Oregon Department of Transportation
(ODOT).
(B)
Any application having an impact on a county road or state highway
may be referred to Yamhill County Public Works and/or ODOT.
(C)
Any application which might have an impact on jurisdictional wetlands
to be referred to the Division of State Lands (DSL).
(D)
Referrals will be sent to interested agencies such as City departments,
police and fire, school district, utility companies, and applicable
state and federal agencies at City's option.
(Ord. 454 §2, 2000)
Any application for land use shall be filed in the following
manner:
(A)
An application shall be initiated by the property owner or an authorized
agent by submittal of the appropriate forms provided by the City.
(B)
Applications must be filed with the City Recorder at least 30 days
prior to any public hearing required, or 20 days prior to the scheduled
Planning Commission meeting.
(C)
The application must be accompanied with a filing fee as specified
by Council resolution.
(D)
The application shall contain the signature of all registered owners
of the affected property.
(E)
A list of names and addresses, from the last preceding county tax
roll, of all owners of property situated within the following radii,
including public rights-of-way, of the external boundaries of the
affected property must be submitted with the application.
(F)
Upon receipt of an application, fee, and 15 copies of a scaled plan,
City staff shall review the application for completeness.
(1)
Incomplete applications shall not be reviewed until all required
information has been submitted by the applicant.
(2)
If incomplete, the applicant shall be notified and provided additional
time of up to 30 days to submit supplemental information as necessary.
(3)
The application shall be deemed complete for the purposes of scheduling
the public hearing and all related timing provisions either:
(4)
Upon receiving a complete application, notwithstanding appeals, the
City shall render a decision for approval or denial within a 120-day
period.
(Ord. 454 §2, 2000)
Unless otherwise specified by this title, notice of a public
hearing shall be published in a newspaper of general circulation at
least once, 10 days prior to the date of the hearing. Property ownership
notices shall be mailed at least 10 days prior to the date of the
public hearing.
(Ord. 454 §2, 2000)
Unless otherwise specified by this title, notice of a public
hearing shall be published in a newspaper of general circulation at
least once, 10 days prior to the date of the hearing. Property ownership
notices shall be mailed at least 10 days prior to the date of the
public hearing.
(Ord. 454 §2, 2000)
Failure of a person to receive the prescribed hearing notification
shall not impair the validity of the public hearing.
(Ord. 454 §2, 2000)
A hearing may be continued to obtain additional information
or to serve further notice upon other property owners or persons who
may be interested in the proposal being considered. Prior to recessing,
the time and date when the hearing is to be resumed shall be announced.
(Ord. 454 §2, 2000)
The burden of proof is upon the applicant.
(A)
All evidence not objected to may be received unless excluded by the
hearings body.
(B)
All evidence offered and received shall be made a part of the record
of the case, and, except for the facts which are noticed, no other
factual information or evidence shall be considered in the determination
of the issue. Documentary evidence may be received in the form of
copies or excerpts, or by incorporation by reference.
(C)
Every party shall have the right of cross-examination of witnesses
who testify and shall have the right to submit rebuttal evidence.
Other participants permitted to testify or present evidence shall
have such rights as are determined by the hearings body.
(Ord. 454 §2, 2000)
The following persons are affected parties and shall be entitled
to appear of record either by themselves or through their designated
representatives at a hearing:
(A)
All persons entitled to personal notice by mail;
(B)
A community planning organization duly certified by the Council;
(C)
Any person who demonstrates to the hearings body that his/her legal
rights are affected by the outcome of the hearing;
(D)
Any person within reasonably close proximity to the property that
is the subject of a hearing who demonstrates to the hearings body
that he/she could sustain economic or aesthetic injury as a result
of a proposed land use action.
(Ord. 454 §2, 2000)
Whenever possible, the matter of the standing of any person
shall be determined prior to a hearing before the hearings body. Where
a question of standing arises during a hearing, the hearings body
may determine the issue of standing at that time or may continue the
hearing until the issue of standing is resolved.
(Ord. 454 §2, 2000)
(A)
A record of the hearing shall be made by written or mechanical means.
The hearings body shall keep minutes of its proceedings.
(B)
All physical and documentary evidence presented shall be marked to
show the identity of the person offering the evidence and whether
presented on behalf of the proponent or opponent. Evidence may be
received subject to a later ruling as to its admissibility.
(C)
All exhibits received shall be retained by the hearings body until
after applicable appeal period has expired. The exhibit shall then
be released upon demand to the person identified thereon upon receipt
of an acceptable facsimile thereof.
(D)
The Planning Department shall permanently file and retain the record,
and all exhibits and documentary evidence received.
(Ord. 454 §2, 2000)
(A)
Prior to or at the commencement of a hearing, any party may challenge
the qualifications of the hearings body or a member thereof for bias,
prejudgment, or personal interest. The challenge shall be documented
with specific reasons supported by facts.
(B)
No member of a hearings body shall participate in a hearing, except
under the rule of necessity if:
(1)
He/she has a direct or substantial financial interest in the subject
of the hearing;
(2)
He/she is related to the applicant or opponent in the manner provided
for in ORS 227.035;
(3)
He/she is in business with the applicant;
(4)
He/she cannot be impartial because of pre-hearing contacts;
(5)
For any other reason he/she determines affects his/her impartiality.
(C)
Should the qualifications of the hearings body be challenged, it
or the member challenged shall either disqualify itself, withdraw,
or make a statement of its capacity to hear, which statement shall
be a part of the record.
(Ord. 454 §2, 2000)
(A)
A hearing shall be conducted in the following order, or in such other
manner as may be ordered by the hearings body, so long as the parties
are provided a reasonable opportunity to present their cases:
(1)
Open the Public Hearing and Announce the Purpose. The hearings body
shall explain the purpose of the hearing and announce the order of
proceedings, including reasonable time limits on presentations by
parties.
(2)
A statement by the hearings body regarding pre-hearing, contacts,
bias, prejudice, or personal interest shall be made. Call for abstentions.
(3)
Ask for Objections to Jurisdiction. Challenges to the hearings body's
qualifications to hearing the matter shall be stated.
(4)
Order of Presentation.
(5)
Close of Hearing and Deliberation. The hearings body shall either
make its decision and state the findings of fact or continue deliberation
to a subsequent date, the time and date of which shall be announced.
No additional testimony or evidence shall be taken after closing of
the hearing.
(Ord. 454 §2, 2000)
(A)
A review of the Planning Commission's decision may be initiated by
the Council.
(B)
The review shall be ordered within 15 days of the date of the final
written decision of the Planning Commission.
(C)
A review hearing shall be conducted in the same manner provided for
in appeals.
(Ord. 454 §2, 2000)
(A)
Within 10 days prior to the date of the initial hearing of an application
for a land use permit the Planning Commission may render a staff report
setting forth its findings and recommendations, if any.
(B)
A copy of the staff report shall be mailed or otherwise delivered
to the applicant, to the hearings body, and to persons requesting
the same who shall pay a reasonable fee for the costs of the duplication,
mailing, and administrative overhead.
(C)
The applicant shall reply in writing to the findings and recommendations
set forth in said report, citing exceptions, if any, and the reasons
therefor, no later than three days before the date of the initial
hearing.
(D)
A copy of the applicant's reply shall be delivered to the staff and
hearings body, and to persons requesting the same who shall pay a
reasonable fee for the costs of the duplication, mailing, and administrative
overhead.
(Ord. 454 §2, 2000)
Authorization shall be void after six months from the approval
date unless substantial construction pursuant thereto has taken place.
However, the Commission may, in its discretion, extend authorization
for an additional six months on request.
(Ord. 454 §2, 2000)
An action or ruling of the Planning Commission pursuant to this
title may be appealed to the Council within 15 days after the Commission
has rendered its decision. Written notice of the appeal shall be filed
with the City Recorder. If the appeal is not taken within the 15-day
period, the decision of the Commission shall be final. If the appeal
is filed, the Council shall receive a report and recommendation thereon
from the Planning Commission and shall hold a public hearing on the
appeal. Every notice of appeal shall contain:
(A)
A statement of the petitioner establishing standing to appeal;
(B)
A reference to the application sought to be reviewed, including the
date of the final decision of the hearings body;
(C)
The specific grounds relied upon for appeal;
(D)
A statement showing how the hearings body erred in its decision.
(Ord. 454 §2, 2000)
(A)
A published notice of the hearing and a record of proceedings or
review shall be the same as required for an initial hearing.
(B)
If the hearing is to be held de novo, notice of such fact shall also
be given.
(C)
The review of the initial hearing shall be confined to the record
of the proceeding which shall include:
(1)
All materials submitted and considered by the hearings body as evidence;
(2)
The tape recording and the minutes of the hearing if requested by
the reviewing body;
(3)
A transcript of the hearing if requested and paid for by the appellant;
(4)
The decision of the hearings body and the notice of appeal.
(D)
De Novo Review.
(1)
A party may request a de novo hearing by filing a written motion
with the City Council within 15 days following the date of the final
written determination by the Planning Commission. The motion shall
state the reasons for the requested de novo hearing, and why the appellant
had no prior opportunity to present the evidence sought to be introduced
at the de novo hearing.
(2)
The City Council may grant or deny the motion for a de novo hearing.
If the motion is granted, a hearing date shall be set no sooner than
14 days following the granting of the motion. Notice of the de novo
hearing shall be mailed to individuals within the notification area
of the original application; shall be published in a newspaper of
general circulation in the City of Yamhill; and those individuals
who have established standing at the time of the initial hearing.
All notice shall be mailed or published no later than 10 days prior
to the de novo hearing date.
(3)
A de novo hearing on review shall be conducted in conformance with Section 10.128.150.
(4)
The City Council may affirm, reverse, or amend the action taken at
the initial hearing. The matter may be remanded back to the Planning
Commission for further review or information.
(5)
The Council's decision shall become final on the 15th day following
the date of the final written determination.
(Ord. 454 §2, 2000)
The Commission may revoke or modify any permit granted under
the provisions of this title on any one or more of the following grounds:
(A)
A permit may be revoked on the basis of fraud, concealment, or misrepresentation,
or on the basis of wrong information given to the Commission.
(B)
A permit may be revoked on the basis that the use for which such
permit was granted is not being exercised within the time limit set
forth by the Commission or this title.
(C)
A permit may be revoked on the basis that the use for which such
permit was granted has ceased to exist or has been suspended for six
months or more.
(D)
A permit may be revoked or modified on the basis that the permit
granted is being, or recently has been, exercised contrary to the
terms or conditions of such approval, or in violation of any statute,
code, resolution, law or regulation.
(E)
A permit may be revoked or modified on the basis that the use for
which the permit was granted was so exercised as to be detrimental
to the public health, safety or welfare, or in such a manner as to
constitute a nuisance.
(F)
Any permit granted pursuant to this title shall become null and void
if not exercised within the time period specified in the permit.
(G)
The Commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee and other affected persons as set forth in this title. The Commission shall render its decision within 30 days after the conclusion of the hearing. In the case where the permittee is not satisfied with the action of the Commission, he/she may appeal the Commission's decision to the City Council in the manner provided in Section 10.128.190.
(Ord. 454 §2, 2000)
Fees shall be paid to the City Recorder upon the filing of an
application. Such fees shall not be refundable. Fees shall be established
by the City Council by resolution.
(Ord. 454 §2, 2000)
In addition to any other fees prescribed by the City regulations, there is imposed upon an applicant before the Planning Commission or City Council an additional fee for professional review of the application. Said fee shall be in accordance with Yamhill Municipal Code Section 1.32.100.
(Ord. 454 §2, 2000)