Myrtle Creek City Zoning Code

No development, including accessory and temporary uses, may be established or changed; no structure shall be erected, constructed, reconstructed, or altered, and no building used, occupied, or altered with respect to its use, after the effective date of the ordinance codified in this title except as this title permits.

Site alterations, regrading, filling, or clearing of land prior to submission of the plans for development shall be a violation of this title.

No lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use shall be used as a required lot area, yard or other open space or off-street parking or loading area for another use, except as allowed by MCMC § 18.90.050(1).

The requirements of this title apply to the person undertaking a development or the user of a development and to the person's successors in interest. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance or regulation in compliance with all of the terms of this title.

An application for development approval may be initiated by one or more of the following:

If an applicant submits a letter of withdrawal of an application, the application shall be terminated, the application withdrawn and the file closed without a decision, with no opportunity for refund of the application fee.

Review and evaluate all site plans to establish compliance with the provisions of this title; prepare staff reports for development applications requiring submission to the planning commission or city council; and issue certificates of plan check as directed by the authorizing body.

Receive and process all applications for land use actions in accordance with the processing procedures of MCMC §§ 18.185.150 and 18.185.160.

Record and file all applications with accompanying plans and documents and otherwise act as secretary to the planning commission. All applications and documents shall be a public record.

Receive, examine and process all applications for building permits.

Issue building permits only where there is compliance with the provisions of this title. Permits for construction of uses requiring a variance, conditional use permit, temporary permit or certificate of plan check shall be issued only upon order of the city administrator, planning commission or city council, as applicable.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this title.

Revoke, by writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application.

Stop, by written order, work being done contrary to the building code or to this title. Such written order, posted on the premises involved, shall not be removed except by order of the building official. Removal without such order shall constitute a violation of this title.

Institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure or land; or prevent any illegal act, conduct, business or use in or about such premises.

Record and file all applications for permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

The planning commission shall conduct public hearings and review and decide on all quasi-judicial applications and administrative applications appealed to the commission, and make a recommendation to the city council as provided by this title.

The planning commission shall study and report on all proposed amendments to the text or map of this title referred to it by the city council or upon receipt of a petition.

The planning commission shall review this title and report on the same to the city council at least once every five years, commencing on the date of enactment of the ordinance codified in this title. Specifically, the planning commission shall:

A completed application form and the appropriate filing fee.

Proof that the applicant is the exclusive owner, or that the applicant has the consent of all parties in ownership of the affected property.

Legal description and street address of the property affected by the application.

A site plan, sketches and any other explanatory information that may have a bearing on determining the action to be taken or that may be necessary to establish compliance to ordinance requirements and all relevant laws. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed. The following information shall be shown on, or attached to, a site plan:

Certificate of Occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy as required by the building code.

Site Review. No structure shall be erected, constructed, reconstructed, extended or moved and no land or building shall be occupied or used in whole or in part for any use whatsoever until the owner, tenants, contract purchaser, or authorized agent thereof has received verification that the building or use complies with all zoning requirements.

At the time of the erection of any new commercial, industrial, or public/semi-public building, or any new multifamily residential development of three dwelling units or more, or at the time of the substantial improvement of more than 50 percent of the gross floor area or more than 3,000 square feet of increased parking area, whichever is greater, of any existing building, a site review shall be conducted. All site plans shall be evaluated subject to the procedures, standards and limitations set forth in Chapter 18.150 MCMC. All required applications and accompanying site plans shall be reviewed by the city administrator or the city administrator's designee and, when applicable, by the planning commission. A certificate of plan check shall be issued by the planning/engineering department upon order of the city administrator or the city administrator's designee, planning commission or city council as authorized by the various provisions of this title.

Variance. An application for a variance to the specified provisions of this title shall be made following the procedure detailed in Chapter 18.165 MCMC.

Conditional Use or Temporary Use Permit. An application for any conditional use permit or temporary use permit required by this title shall be made following the procedures detailed in Chapters 18.170 and 18.175 MCMC.

Amendments. Amendments to either the text or maps of this title shall be made following the procedures detailed in Chapter 18.180 MCMC.

Final Action on Application. Except as provided for in subsections (6)(a) and (b) of this section, final action on administrative and quasi-judicial applications processed pursuant to this sec tion, including any appeals to the city council, shall occur not later than 120 days following receipt of a complete application.

If the city does not take final action on an application which is subject to the requirements of this section within 120 days after the application was deemed complete, the applicant may apply in the Douglas County circuit court for a writ of mandamus to compel the city to either approve the application or show that the approval would violate the comprehensive plan or local land use regulations.

Ministerial Actions. The city administrator shall have the authority to review the following applications as ministerial actions, and shall follow the procedures provided by this title to accomplish such review:

Administrative Actions. The city administrator shall have the authority to review the following applications as administrative actions, and shall follow the procedures provided by this title to accomplish such review. The following applications shall be processed as administrative actions:

Quasi-Judicial Actions. Within 45 days after accepting a completed application for quasi-judicial action pursuant to this section of this title, the city administrator shall act upon, or cause a hearing to be held upon, the application, unless such time limitation is extended with the consent of the applicant. The following matters shall be heard by the planning commission, pursuant to the procedures established in this chapter:

Notice for a quasi-judicial public hearing or an administrative action shall be given to neighboring property owners by mailing of written notice not less than 20 days prior to the date of the public hearing or the date of the administrative decision to all owners of record of real property, any portion of which is located within 150 feet of the boundaries of the property that is the subject of the application or appeal. For this purpose, the names and addresses of the owners as they are shown in the records of the Douglas County assessor shall be used.

Notice for a quasi-judicial public hearing or an administrative action shall be given to the applicant or appellant and any other person who makes a written request for notice by mailing to such persons written notice not later than 20 days in advance of the public hearing or the date of the administrative decision.

If the proposed zoning map amendment (zone change) (a) has been initiated by the planning commission or city council, and (b) is declared by the city council to be a major reclassification, the mailing of individual notice required by subsection (1) of this section is not required; however, notice of hearing shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing. Additional means of informing the public, as may be specified by the council, shall be observed.

Notice shall be given to affected neighborhood or community organizations.

Notice of applications within the urban growth area shall be given to the Douglas County planning department.

If the proposed zone change includes all or part of a mobile home or manufactured dwelling park, written notice shall be given by first class mail to each existing mailing address for tenants of the mobile home or manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the application. Applicant shall be required to pay for mailing costs.

To maintain a process for coordinated review of future land use decisions affecting transportation facilities, corridors and sites, the city shall provide notice to ODOT when the following applications for development have been received:

The notice for an administrative action shall contain the following information:

The notice of a quasi-judicial public hearing shall contain the following information:

Within 30 days after accepting an application for a ministerial action, the city administrator or the administrator's designee shall take action on or cause a hearing to be held on the application unless such time limitation is extended with the consent of the applicant.

The city administrator or the administrator's designee shall not accept applications which he/she deems cannot be acted upon initially in a rational manner within 30 days of receipt unless the applicant consents to a longer period for action.

Within such 30-day period, the city administrator or the administrator's designee shall issue the permit or approval, or advise the applicant that the application has been denied.

Ministerial actions are effective on the date of the decision of the city administrator.

Within 45 days after accepting an application for an administrative action pursuant to MCMC § 18.185.160(2), the city administrator or the administrator's designee shall take action on, or cause a hearing to be held on, the application unless such time limitation is extended with the consent of the applicant.

The city administrator or the administrator's designee shall not accept applications which he/she deems cannot be acted upon initially in a rational manner within 45 days of receipt unless the applicant consents to a longer period for action.

Within such 45-day period, the city administrator or the administrator's designee shall:

The notice of an administrative decision shall be filed in the records of the city administrator and also mailed to the applicant, to those persons who are entitled to notice pursuant to MCMC § 18.185.170, and to others who participated in the process.

The notice of an administrative decision shall contain:

If the application does not meet the criteria or if written objections are received, or if the applicant or the city administrator so desires for any reason, the city administrator may schedule any application made under MCMC § 18.185.160(2) for public hearing before the planning commission. The planning commission shall hear and decide the matter as if it were listed in MCMC § 18.185.160(3). Notice of such hearing shall be provided pursuant to MCMC §§ 18.185.170 and 18.185.180.

All hearings shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

All of the documents or evidence relied upon by an applicant must be submitted to the city and made available to the public for review at least 20 days in advance of the hearing date. The staff report to be used at the hearing must be available to the public at least seven days in advance of the hearing. The city may charge a reasonable fee for photocopies of the staff report, documents and other evidence.

In order to have standing under this chapter, a person shall be recognized as a party by the presiding officer.

A request for establishment of party status may be made at least eight days before the date set for a quasi-judicial public hearing by any person filing a written statement regarding the application being considered. Such statement shall include:

Seven or more days before the date set for the first evidentiary hearing on a matter, the city administrator shall mail the applicant any statements that have been filed and the report of the city administrator.

Any person or entity who is entitled to notice may appeal a decision of the city administrator relative to an administrative action. In the conduct of a consequent hearing, the approving authority shall establish the appellant as a party or the appeal shall not be heard and the contested decision shall become final.

The approving authority may authorize a person to have party status, at any time prior to the close of the hearing, if that person is otherwise a party, as defined by Chapter 18.10 MCMC.

In cases where a matter has been referred back to the planning commission from the city council, only those individuals or agencies who were given party status at the first evidentiary hearing on the matter shall be allowed as parties in the matter when reheard by the commission.

In the conduct of a public hearing, the planning commission shall have the authority, pursuant to the provisions of this title, to:

The applicant or any party wishing to subpoena witnesses to a hearing may do so by application to the city administrator. Such subpoenas shall be enforceable upon proper completion and inclusion of those fees applicable to civil cases in the Douglas County circuit court. Payment of fees and services shall be the responsibility of the party desiring such service.

Order of Procedure. Unless otherwise specified, the planning commission (or approving authority) shall:

Questions may be asked at any time by members of the planning commission. Questions by the parties or city administrator may be allowed by the chairman, and questions may be submitted directly to the witnesses or parties. The witnesses or parties shall be given a reasonable amount of time to respond solely to the questions.

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 hearings. When the chair reopens the 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.

The planning commission may continue the hearing to a specified time to gather additional evidence or to consider the application fully, or to allow a party to respond. Unless otherwise provided by the planning commission, no additional notice need be given of continued hearings if the matter is continued to a specific date.

At the conclusion of the hearing, the planning commission shall either make a decision and state findings (which may incorporate findings proposed by any party or the city administrator), or may take the matter under advisement. If a majority of the quorum fails to agree and there is no lower decision, the matter shall be deemed denied, unless the members present at the hearing vote to reschedule the deliberation. The planning commission may request proposed findings and conclusions from any party to the hearing. The planning commission, before finally adopting findings and conclusion, may circulate the same in the proposed form to the parties for written comment. All actions taken by the planning commission pursuant to adopting findings and conclusions shall be made part of the record. The decision and findings and conclusions which support the decision of the planning commission shall not be final until reduced to writing and signed by the chairman. The planning commission shall grant, deny or, in appropriate cases, attach conditions to the proposal being heard, and the city administrator shall notify by mail the parties of the decision.

General Conduct of Hearing. The following rules apply to the general conduct of the hearing:

The approving authority may take official notice of the following:

Matters officially noticed need not be established by evidence, and may be considered by the approving authority in the determination of the application.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the planning commission or city council, the applicant may agree to modify his application, including the plans and specifications submitted.

Unless such modifications are so substantial or extensive that the decision-making body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the commission/council may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed-upon changes are submitted to the planning staff.

A tape recording shall be made of all hearing proceedings and, in accordance with state regulations for records retention, such recordings shall be kept for a minimum of one year. Accurate minutes shall also be kept of all such proceedings; however, the record need not set forth the evidence verbatim. A permanent record of each set of minutes shall be maintained in a safe place by the city recorder.

Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a permanent part of the record of the proceedings.

Any party in a hearing may request and receive approval for the record to remain open seven days after the hearing. When a request is received to reopen the record to admit new evidence, it shall be treated in accordance with procedures for an appeal and a new hearing shall be held to provide an opportunity for any party to raise new issues relating to the new evidence.

The planning commission (or city council) may approve the application, deny the application, or grant approval subject to special conditions necessary to carry out the purpose and intent of this title. For all cases, the approving authority shall make a decision based on the record before it as justification for its action.

The planning commission (or city council) shall make its decision upon the close of its hearing or upon continuance of the matter to a specified date.

A decision made by the planning commission or city council regarding an application or appeal or revocation of a permit shall not be official until reduced to writing and mailed to the applicant and any other qualified parties. A registry of all land use decisions shall be kept on file, regardless of whether or not the holding of a public hearing is required.

The written decision described in subsection (6) of this section shall include a statement of the principal findings and conclusions utilized in the decision-making process whenever a land use decision involves discretionary action by the planning commission or city council. These "findings of fact" shall be made available to the public; however, a fee may be charged for photocopies in accordance with the Myrtle Creek handbook of fees and charges.

The city administrator or the city administrator's designee shall send a copy of the planning commission's (or city council's) final written decision to all parties to the proceeding within seven days of said decision, and the city recorder shall, at the same time, file a copy of the final order or decision in the official records of the city.

Prior to the expiration of the appeal period prescribed in Chapter 18.190 MCMC, no building or development permit shall be issued, nor shall any development activity commence, including the erection, construction, reconstruction, alteration, use or occupancy of the land or a structure, when such development, use or occupancy is the subject of a planning commission or city council decision.