Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the City 1 . Applications shall be accompanied by plans and specifications, drawn to scale, showing actual shape and dimensions of the lot to be built upon; the size and locations of existing and proposed structures; the intended use of such structures; the number of families, if any, to be accommodated thereon; the relationship of the lot to the surrounding property; the legal description of the lot; the location of any off street parking; the names and addresses of owners of property within two hundred fifty feet (250') of the exterior boundaries of the lot; and such other information as is needed to determine conformance with this title. Applications shall be accompanied by a filing fee in an amount established by the City Council. (Ord. 428, 8-6-1979)

   A.   Notice Requirements: Notice of public hearing on a proposed application, petition or other decision under this title shall be published in a newspaper of general circulation in the City at least twenty (20) days prior to the date of the hearing. If there is no newspaper of general circulation, notice of public hearing shall be posted in at least two (2) conspicuous places within the City continuously beginning at least twenty (20) days prior to the date of the hearing. Written notice shall be sent to owners of property within two hundred fifty feet (250') of the property involved in the application, petition or decision at least twenty (20) days prior to the date of the hearing. All notices shall include the following provisions:

      1.   Explanation of the nature of the application, permit or decision and the proposed use or uses which could be authorized;

      2.   A list of the applicable criteria from this title that apply to the application or decision at issue;

      3.   The street address or other easily understood geographical reference to the subject property;

      4.   Time and location of the hearing;

      5.   A statement that failure to raise an issue at the hearing, in person or by letter, or failure to raise an issue accompanied by statements or evidence sufficient to afford the Planning Commission or City Council an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue;

      6.   The name of a local government representative to contact and the telephone number where additional information may be obtained;

      7.   A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and any applicable zoning criteria including the ordinance provisions are available for inspection at no cost, and that copies of the same will be provided at a reasonable cost;

      8.   A statement that a copy of the staff report, if such report is prepared, will be available for inspection at no cost at least seven (7) days prior to the hearing and that a copy of the same will be provided at reasonable cost;

      9.   A general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing. (Ord. 513-96, 4-8-1996)

   B.   Notice To Affected Public Agencies: All affected governmental units, including transportation agencies and providers such as the Oregon Department of Transportation and Morrow County, shall be notified of a public hearing on a proposed application, petition, or other decision that is adjacent to or could affect operation of their facilities at least twenty (20) days prior to the date of the hearing. (Ord. 582-18, 10-8-2018)

   C.   Definitions:

    ARGUMENT: Assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by proponents to a decision. Argument does not include facts.

   EVIDENCE: Facts, documents, data or other information offered to demonstrate compliance or noncompliance with standards believed by the proponent to be relative to the decision.

   D.   Submission Of Documents: An applicant for a decision under this title shall submit all required documents and evidence to the Planning Commission twenty (20) days prior to the date of the hearing to afford the public a chance to review the documents and evidence.

   E.   Failure To Receive Notice: Failure of the property owner to receive notice as prescribed in this title shall not impair the validity of the hearing, provided the Planning Commission or Council can demonstrate, by affidavit, that notice was given. The notice provision of this title shall not restrict the giving of notice by other means including newspaper publication, radio or television.

   F.   Public Hearing: The hearing shall allow interested citizens the opportunity to be heard and to present and rebut evidence. All issues which may be the basis for appeal to the Land Use Board of Appeals shall be raised not later than the close of the record. All issues shall be raised accompanied by statements or evidence sufficient to afford the Planning Commission or City Council and the parties in attendance at the hearing an opportunity to respond to each issue. At the commencement of a hearing under this title, the Planning Commission Chairperson or Council Chairperson shall make a statement to those in attendance including the following:

      1.   A list of the applicable substantive criteria;

      2.   Testimony in evidence must be directed toward the applicable criteria or other criteria in this title which the person believes to apply to the decision;

      3.   Failure to raise an issue accompanied by statements or evidence sufficient to afford the commission or Council and the parties at the hearing an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue.

   G.   Recessing, Continuing And Reopening A Hearing:

      1.   Prior to the conclusion of the initial evidentiary hearing any participant may request an opportunity to present additional evidence or testimony regarding the application. The Planning Commission shall grant such request by continuing the public hearing pursuant to subsection G2 of this section or leaving the record open for a period of time for additional written evidence or testimony pursuant to subsection F3 of this section.

      2.   If the Planning Commission grants a continuance, the hearing shall be continued to a date, time and place certain at least seven (7) days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing that the record be left open for at least seven (7) days to submit additional written evidence or testimony for the purpose of responding to the new written evidence.

      3.   If the Planning Commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven (7) days. Any participant may file a written request with the local government for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings authority shall reopen the record pursuant to subsection G6 of this section.

      4.   A continuance or extension granted pursuant to this section shall be subject to the limitations of Oregon Revised Statutes 227.178 (the 120 day rule) unless continuance or extension is requested or agreed to by the applicant.

      5.   Unless waived by the applicant, the Planning Commission shall allow the applicant at least seven (7) days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence.

      6.   When the Planning Commission reopens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision making which apply to the matter at issue.

   H.   Notice To Applicant Of Action: Within ten (10) days following the close of a hearing, the City Recorder shall provide the applicant with a written notice of the Planning Commission's action on the application, the findings of fact on which the action is based and any conditions imposed, signed by the Chairman and Secretary of the Planning Commission.

   I.   Final Decision: Local government shall render a final decision on a permit or zone change within one hundred twenty (120) days from the date the application is completed unless the parties have agreed to mediation. (Ord. 513-96, 4-8-1996; amd. Ord. 582-18, 10-8-2018)

No permit shall be approved by the City for the construction, reconstruction, alteration or change of use of a structure or lot that does not conform to the requirements of this title. (Ord. 428, 8-6-1979)

The Planning Commission may issue a temporary use permit to allow the short term use of a site by a mobile or temporary structure or activity. Such structures or activities may not be ordinarily allowed in the particular zone, but are necessary for some useful purpose and, because of the temporary nature, will not adversely impact the neighborhood or City. The Planning Commission may require that certain measures be taken to protect neighboring uses or the City as a whole. Application for a temporary use permit shall be made on forms provided by the City. Temporary use permits may be granted for any period of time up to one year, subject to renewal if necessary. Before the Planning Commission may act on a temporary use application or any renewal thereof, it shall hold a public hearing following the procedure prescribed in this chapter. (Ord. 428, 8-6-1979; amd. Ord. 496-92, 11-9-1992)

   A.   Occupied recreational vehicles may be parked, without a permit, upon a private lot in a Residential Zone, with the landowner's permission, for a period not to exceed thirty (30) days upon the following conditions:

      1.   There shall be no more than one occupied recreational vehicle per lot;

      2.   The recreational vehicle shall have self-contained sewer and water facilities and the owner of the recreational vehicle shall have made appropriate arrangements to use an approved sewer dumping station. Under no circumstances shall the recreational vehicle empty its sewage into the sewer line which serves the lot where the recreational vehicle is parked;

      3.   The owner of the lot shall not charge for the parking of the recreational vehicle; and

      4.   The parking of the vehicle is necessary for some useful purpose and will not adversely impact the neighborhood or City. The City Manager or Planning Commission may require certain measures to be taken to protect neighboring uses or the City as a whole.

   B.   Parking of an occupied recreational vehicle in a Nonresidential Zone or for more than thirty (30) days in a Residential Zone may be allowed under the following conditions:

      1.   The owner of the lot where the recreational vehicle will be parked shall make application to permit the recreational vehicle. The application shall be submitted to City Hall prior to the expiration of the thirty (30) days if the lot is a Residential Zone or prior to the parking of the recreational vehicle on the lot if the zone is nonresidential. The lot owner's signature on the application will act as a certification that the owner is responsible for compliance with this title for any recreational vehicle parked on his or her lot.

      2.   All requirements of subsection A of this section shall be met.

      3.   A need for the permit is demonstrated that is acceptable to the City Manager. The Planning Commission may, from time to time, adopt policies to guide the City Manager in determining need.

      4.   The application must state the length of time for which the permit is needed. The application, if for more than thirty (30) days (not counting the 30 days allowed under subsection A of this section), shall be considered as an application for a temporary use permit pursuant to section 11-12-4 of this chapter and a Planning Commission hearing pursuant to section 11-12-4 of this chapter will be held. In such case, the property owner shall also comply with all requirements of this title for temporary use permits.

   C.   The fee for the application shall be twenty dollars ($20.00) unless the application is considered for a temporary use permit. If a temporary use permit is needed, the fee is fifty dollars ($50.00) in addition to the twenty dollar ($20.00) application fee.

   D.   This section shall not apply to recreational vehicles using an approved recreational vehicle park.

   E.   Violation of this section shall be considered a violation of this title. The owner of the lot upon which the recreational vehicle is parked is responsible for meeting the requirements of this title.

   F.   Under no circumstances shall an occupied recreational vehicle be parked on a lot for more than one year unless the required temporary use permit is renewed prior to its expiration.

   G.   The application for the permit shall include:

      1.   Name and address of the owner of the lot;

      2.   Name and address of the occupant of the recreational vehicle;

      3.   Location and zoning of the lot where the recreational vehicle is to be located;

      4.   A statement of the need for the permit;

      5.   Written consent of the property owner;

      6.   A plan showing where water is to be obtained and sewage disposed of;

      7.   A description of the recreational vehicle; and

      8.   The length of time for which the permit is needed. (Ord. 542, 8-11-2003)

   A.   Decision To Appeal: An action or ruling of the Planning Commission authorized by this title may be appealed to the City Council within fifteen (15) days after the commission has mailed notice of its decision by filing written notice with the City Recorder. If no appeal is taken within the fifteen (15) day period, the decision of the Planning Commission is final. If appeal is taken, the Planning Commission shall make a recommendation to the City Council, which shall hold a public hearing, as provided in section 11-12-2 of this chapter on the appeal before making a decision. (Ord. 428, 8-6-1979)

   B.   Raising Objection: No appeal may be taken under this section unless the person appealing has raised an objection at the Planning Commission hearing on the action or ruling from which the appeal is taken. The objection may be written, oral or in some manner calculated to make the Planning Commission aware of the objection prior to any action or ruling taken. (Ord. 439, 5-3-1980)

   A.   Authorization To Initiate Amendments: An amendment to the text of this title or to a zone boundary may be initiated by the City Council, the City Planning Commission, an affected governmental agency or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application with the City Recorder. The City will comply with Oregon Revised Statutes 227.178. A decision on a complete permit application will be rendered within one hundred twenty (120) days of the submittal. (Ord. 428, 8-6-1979; amd. Ord. 465, 5-4-1987)

   B.   Public Hearings On Proposed Amendment: A public hearing shall be held by the Planning Commission with the public notice given as provided in section 11-12-2 of this chapter, on any proposed amendment to this title, at its earliest practicable meeting after the amendment is proposed. The Planning Commission shall, within forty (40) days after the hearing, recommend to the City Council approval, disapproval or conditional approval of the proposed amendment. After receiving the recommendation of the Planning Commission, the City Council shall hold a public hearing, as provided in section 11-12-2 of this chapter on the proposed amendment before making a decision.

   C.   Record Of Amendments: The City shall maintain a record of amendments to the text and maps of this title in a form convenient for use by the public.

   D.   Limitation On Reapplication: No application of a property owner for an amendment to the text of this title or to a zone boundary shall be considered by the Planning Commission within the one year period immediately following a previous denial of such request, except the Planning Commission may permit a new application if in the opinion of the Planning Commission new evidence or a change of circumstances warrants it. (Ord. 428, 8-6-1979)

When an applicant applies for more than one type of land use or development permit for the same one or more contiguous parcels of land, the proceedings shall be consolidated for review and decision. When proceedings are consolidated, required notices may be consolidated, provided the notice shall identify each application to be decided. When more than one application is reviewed in a hearing, separate findings and decisions shall be made on each application. (Ord. 582-18, 10-8-2018)