Lyons City Zoning Code
CHAPTER 18
55 ADMINISTRATIVE PROVISIONS
§ 18.55.010 Appeals.
A.
An appeal from a ruling of the city manager regarding a requirement of this title may be made to the city planning commission. Any action or ruling by the city manager shall become final 10 days after approval or disapproval is given unless the decision is appealed to the city planning commission. Written notice of the appeal shall be filed with the city manager. A filing fee shall accompany an application for an appeal. The filing fee shall be in accordance with a fee schedule adopted by resolution of the city council. If an appeal is filed, the city planning commission shall receive a report and recommendation thereon from the city manager and shall hold a public hearing on the appeal.
B.
An action or ruling of the planning commission pursuant to this title may be appealed to the city council within 10 days after the planning commission has rendered its decision. If the appeal is not filed within the 10-day period, the decision of the planning commission shall be final. Written notice of the appeal shall be filed with the city manager. A filing fee shall accompany an application for an appeal. The filing fee shall be in accordance with a fee schedule adopted by ordinance of the city council. If the appeal is filed, the city council shall receive a report and recommendation thereon from the planning commission and shall hold a public hearing on the appeal.
C.
Stay of Proceedings. When an appeal is filed it shall stay all proceedings by all parties in connection with the matter from which appeal is taken until all determination of such appeal is made by the council.
(Amended during 2006 recodification; Ord. P10-21 § 10.010, 1997; Ord. P10-61 § 3, 2002; Ord. G2-2015 § 1, 2015; Ord. 2021-4 § 3, 2021)
§ 18.55.020 Form of petitions, applications and appeals.
A.
Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the city.
B.
Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of all existing and proposed structures; the intended use of each structure; the number of families, if any, to be accommodated thereon; the relationship of the property to the surrounding area; and such other information as is needed to determine conformance with this title.
C.
If an application for a permit or zone change is incomplete, the city shall notify the applicant of exactly what information is missing within five days of the date of submittal and the applicant shall have 30 days to submit the missing information. The application shall be deemed complete when the missing information is received and accepted by the city.
(Ord. P10-21 § 10.020, 1997)
§ 18.55.030 Notice of public hearing.
A.
Each notice of hearing authorized by this title shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing.
B.
A notice of hearing on a conditional use or an amendment to a zoning map shall be mailed to all owners of property located within not less than 500 feet, exclusive of street areas, from the exterior boundaries of the property for which the conditional use or zoning map amendment has been requested.
C.
A notice of hearing on a variance shall be mailed to all owners of property located within not less than 300 feet from the exterior boundaries of the property for which the variance has been requested.
D.
For the purpose of mailing notices of public hearing, the applicant shall provide the list of property owners of record to the city.
E.
The notice of hearing shall be mailed at least 10 days prior to the date of hearing.
F.
Failure of a person to receive the notice prescribed in this section shall not impair the validity of the hearing.
G.
The notice provisions of this section shall not restrict the giving of notice by other means including mail, the posting of property or the use of radio.
(Ord. P10-21 § 10.030, 1997)
§ 18.55.040 Public hearing notice and procedure.
A.
The notice of public hearing provided to the applicant and to owners of property entitled to receive notice shall:
1.
Explain the nature of the hearing and the proposed use or uses which could be authorized.
2.
List the applicable criteria from this title and the comprehensive plan that apply to the application.
3.
Set forth the street address or other geographical reference to the subject property.
4.
State the date, time, and location of the hearing.
5.
State that failure of an issue to be raised in a hearing, either in person or by letter, or failure to provide sufficient specificity to afford the decision making body an opportunity to respond to the issue precludes an appeal to the State Land Use Board of Appeals based on that issue.
6.
Include the name and telephone number of the city staff person who can provide additional information.
7.
State that the application and all documents and evidence are available for inspection at City Hall at no cost, at least seven days prior to the hearing, and that these materials will be provided at a reasonable cost.
8.
Include an explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.
B.
At the commencement of a public hearing, a statement shall be made to those in attendance that:
1.
Lists the applicable criteria.
2.
States that testimony and evidence must be directed toward the criteria which applies to the decision.
3.
States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties involved in the case an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals based on that issue.
C.
All documents or evidence relied upon by the applicant shall be submitted to the city and be made available to the public at the time the mailed notice of the public hearing is provided.
D.
Any staff report used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the 120-day time limit as specified in LMC § 18.55.060.
E.
Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the 120-day time limit as specified in LMC § 18.55.060.
F.
When the record is reopened 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.
G.
Failure of a property owner to receive notice of a public hearing shall not invalidate such proceedings if the city can demonstrate by affidavit that such notice was given.
H.
An issue which may be the basis for an appeal to the State Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the city. Such issues shall be raised with sufficient specificity so as to afford the city council or planning commission and the parties an adequate opportunity to respond to each issue.
(Ord. P10-21 § 10.031, 1997)
§ 18.55.050 Consolidation of procedures.
A.
Except as provided in subsection (B) of this section, decisions on land use actions which involve more than one application shall be handled under a consolidated review procedure in which:
1.
All applications shall be decided on in one proceeding.
2.
If any of the applications require city council action, the council shall take final action on all of the applications.
B.
Plan map amendments are not subject to the 120-day decision making period prescribed by state law; therefore, the city shall not be required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings be consolidated and signs a waiver of the 120-day time limit.
C.
If the proceedings are consolidated:
1.
The notice of public hearing shall identify each action to be taken;
2.
The decision on a plan map amendment shall precede the decision on the proposed zone change and other actions; and
3.
Separate action shall be taken on each application.
(Ord. P10-21 § 10.032, 1997)
§ 18.55.060 Time period for decision making.
The city shall take final action on an application for a development permit or a zone change, including the resolution of all appeals, within 120 days after the application is deemed complete, except:
A.
The period may be extended for a reasonable length of time at the request of the applicant.
B.
The 120-day time limit only applies to a decision wholly within the authority and control of the city.
C.
The 120-day time limit does not apply to an amendment to Lyons' zoning ordinance or zoning map if an amendment to the comprehensive plan map or text is also required.
D.
The 120-day time limit does not apply to applications governed by ORS 443.540.
(Ord. P10-21 § 10.035, 1997)
§ 18.55.070 Enforcement and penalty.
A.
A violation of this title shall be enforced pursuant to Chapter 1.25 LMC.
B.
Preliminary Enforcement Procedure.
1.
Within 10 days after notification of an alleged violation of this title, the city manager shall notify the property owner that such a violation exists.
2.
Where the violation does not involve a structure, action to rectify such shall be made within 30 days. Where the violation involves a structure, action to rectify shall be made within 60 days. Notwithstanding the foregoing, in the event that, in the course of an investigation of a violation, the city manager deems that a situation is imminently dangerous to the health and/or welfare of a person or persons, or which may represent a fire or safety hazard to persons or property which could cause imminent danger to such person or property, the city manager may, at his or her discretion, reduce the time allowed for rectifying the violation to such time as the city manager deems reasonable under the circumstances.
3.
If no action has been taken to rectify the violation within the specified time, the city manager shall notify the city council of such.
4.
The city council shall set the date for a hearing with the person violating this title and with the city manager to consider whether subsequent legal action should be taken to rectify the violation. If subsequent legal action is to be taken, it shall be accomplished pursuant to Chapter 1.25 LMC.
(Amended during 2006 recodification; Ord. P10-21 § 10.040, 1997; Ord. O5-12 § 1, 2002; Ord. G2-2015 § 1, 2015; Ord. 2021-4 § 3, 2021)
