Siletz City Zoning Code

The City Recorder shall have the power and duty to enforce the provisions of this title.

(Ord. 106 § 10.010, 1987)

All petitions, applications and appeals provided for in this title shall be made on forms prescribed by the City. Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot, of the buildings and other structures existing and proposed, the existing and intended use of each building, structure or part thereof, the number of families, if any, to be accommodated thereon and such other information as is needed to determine conformance with this title.

(Ord. 106 § 10.020, 1987)

The following deposits are required to be paid to the City upon the filing of an application for an action wholly within the jurisdiction of the City. The deposits shall be used to initiate actions taken by the City in processing an applicants request and applied to the total cost. The deposits shall not be refundable except as provided by Section 17.44.040.

A.

Amendment proposed by property owner or citizen, one hundred dollars;

B.

Conditional use request, seventy-five dollars;

C.

Variance request, seventy-five dollars;

D.

Review pertaining to nonconforming use, seventy-five dollars;

E.

All other public hearings, including appeals within the City's jurisdiction, fifty dollars.

(Ord. 113 § 1 (part), 1989; Ord. 106 § 10.030, 1987)

A.

Appeal to City Council. Any person with standing may appeal a decision of the Planning Commission to the Siletz City Council. To have standing, a person must have made an appearance of record at the initial hearing. All appeals shall be made no later than fifteen calendar days after the date the final order is signed.

B.

Notice of Appeal. All notices of appeal shall be signed by the appellant or authorized agent and shall contain:

1.

An identification of the decision sought to be reviewed, including the date of the decision;

2.

A statement demonstrating that the appellant has standing to appeal;

3.

A statement of the specific grounds which the appellant relies on as the basis for the appeal. If the appellant contends that the findings of fact made by the Planning Commission are incorrect or incomplete, the notice shall specify the factual matters omitted or disputed. If the appellant contends that the decision is contrary to ordinance, statute or other law, such errors shall be specifically identified in the notice, along with the specific grounds relied upon for review.

C.

Scope of Review. The Siletz City Council, who hears appeals, may do so on the record of the initial hearing or de novo.

1.

On the Record. If the appeal is heard on record, all evidence used in making the initial decision and a transcript of the recorded hearing shall be forwarded to the City Recorder to be presented to the City Council. No new evidence may be presented. Only the appellant and other parties with standing may participate in the appeal hearing. The appellant shall make the initial presentation and shall be allowed rebuttal. Each participant in the appeal hearing shall present to the City Council those portions of the record which the participant deems relevant to the appeal.

2.

De Novo. De novo hearings may be held by the Siletz City Council. In cases of a de novo hearing, the same procedure as the initial hearing shall be followed.

D.

Appeals Decision. Upon review of the appeal, the City Council may, by final order, affirm, reverse or modify in whole or part the initial decision. When the city council modifies or reverses a decision of the Planning Commission, the final order shall set forth findings and reasons for the change. The City Council may also remand the matter back to the Planning Commission for further consideration or clarification.

E.

Decision Time. Once a complete application is received by the City of Siletz, the City shall take final action, including resolution of all local appeals, within one hundred twenty days otherwise waived by this section or State law. At the request of the applicant, this one-hundred-twenty-day time limit may be extended for a reasonable period of time. This one-hundred-twenty-day time limit shall not apply to an amendment to the comprehensive plan or this title, to the adoption of a new land use regulation, or in cases where parties have agreed to mediation.

(Ord. 134 § 1, 1992: Ord. 106 § 10.035, 1987)

A.

Upon expiration of the appeal period for a land use action initiated pursuant to this title, the City shall provide the applicant with a statement showing the total cost of processing the application, including, but not limited to, costs incurred by the City for staff reports, legal services, public notices, postage and copies.

B.

Except as approved by the City Council, the applicant shall reimburse the City for land use action costs within thirty days of receiving the statement.

C.

Approval of a land use action shall not be considered final until the City has received reimbursement of land use action costs.

D.

Failure to reimburse to the City land use action costs shall be considered a violation of this title and subject to the provisions of Sections 17.44.120—17.44.140.

E.

In the event an applicant withdraws a request for a land use action, all costs incurred by the City for the action from the date of application to the date of withdrawal shall be reimbursed to the City, subject to other provisions of this section.

F.

Notwithstanding the provisions of subsection (A) through (E) of this section, the City Council may waive reimbursement of any or all portions of land use action costs upon request by the applicant.

(Ord. 113 § 1 (part), 1987)

All land use actions require notice. Notification shall be given as follows:

A.

Content. All published and mailed notifications shall, at a minimum, contain:

1.

The date, time and place of the scheduled hearing;

2.

A brief summary of the nature and substance of the action to be considered and the approving authority considering the action;

3.

If real property is involved, a description of the property reasonably calculated to identify its location;

4.

A list of the applicable criteria from the zoning ordinance and the comprehensive plan;

5.

A statement that failure to raise an issue with sufficient specificity to allow the decision makers an opportunity to respond to the issue precludes raising that issue on appeal;

6.

An explanation of the nature of the application and the proposed use or uses which would be authorized, if applicable;

7.

The name, address and telephone number of a contact person on City staff;

8.

A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost, and that copies will be provided at a reasonable cost;

9.

A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing, and that copies will be provided at a reasonable cost;

10.

Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

(Ord. 133 § 2, 1992: Ord. 106 § 10.045, 1987)

For each quasi-judicial land use action hearing an affidavit must be completed representing that the requisite notice was provided to the appropriate individuals. An affidavit must be on record showing proof of publication in a newspaper of general circulation in the city, if so required.

(Ord. 133 § 3, 1992: Ord. 106 § 10.048, 1987)

When the City Council or Planning Commission is required to hold a public hearing related to land use action and/or amendment or addition to this title, the notice of formal public hearing shall be given by the City Recorder and/or Deputy Recorder in the following manner, except where other notice requirements are required by the statutes of the State of Oregon:

A.

Notice of a public hearing for any purpose except to change or interpret the text of this title shall be published in a newspaper of general circulation in the City at least ten days prior to the date of the hearing and notices shall be placed in at least three conspicuous places including the City Hall, the post office, and the property being considered for review.

B.

If an application would change the zone of the property which includes all or part of a mobile home park as defined by ORS 446.003, the governing body shall give written notice by first class mail to each existing mailing address for tenants of the mobile home park at least twenty days, but not more than forty days, before the date of the first hearing on the application. The failure of a tenant to receive a notice which was mailed shall not invalidate any zone change.

C.

Each notice of a public hearing regarding an amendment of the text of this title shall be published at least three times in a newspaper of general circulation in the City during the three weeks prior to the date of hearing.

D.

Each notice of a public hearing regarding an interpretation to the text of this title shall be published in a newspaper of general circulation in the City at least ten days prior to the date of the hearing.

E.

Notice shall also be by mailing a written notice to affected property owners not less than twenty days prior to the date of the hearing. The affected property owners shall be the owners of real property within a specified distance from the exterior boundaries for various subject property. Specified distance for various types of land use action are as follows:

1.

Conditional use permits, one hundred feet;

2.

Variance, one hundred feet;

3.

Temporary building/user permit, one hundred feet;

4.

Subdivisions/planned developments, two hundred feet;

5.

Nonconforming use changes or expansions, one hundred feet;

6.

Annexations/withdrawals, two hundred feet;

7.

Comprehensive plan amendments (map), two hundred feet;

8.

Vacations, street or plat, described in ORS 271.080 (2);

9.

Zone ordinance amendments (map), two hundred feet;

10.

Appeal of a Planning Commission action, the same as the action being appealed.

F.

Notice of the hearing governed by this section shall be provided to the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located.

G.

The Planning Commission and/or City Council may recess a hearing in order to obtain additional information, or to serve further notice by mail upon property owners or persons the Commission or Council decided may be interested in the proposal being considered. Upon recessing, the date, time and place of the hearing to be resumed shall be announced and no additional notice shall be necessary.

(Ord. 133 § 1, 1992: Ord. 106 § 10.040, 1987)

The Planning Commission may permit in a particular zone a use not listed in this title, provided the use is compatible to the uses permitted there by this title. However, this section does not authorize the inclusion in a zone where it is not listed, a use specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone.

(Ord. 131 § 4, 1992: Ord. 106 § 10.050, 1987)

Where a proposed development requires more than one development permit or zone change request from the City, the applicant may request that the City consider all necessary permit requests in a consolidated manner. If the applicant requests that the City consolidate his permit review, all necessary public hearings before the City Council and/or Planning Commission shall be held on the same date.

(Ord. 131 § 5, 1992: Ord. 106 § 10.060, 1987)

The City shall take final action on an application for a permit or zone change within one hundred twenty days of the receipt of a complete application. However, the one hundred twenty day limitation does not apply to amendments to the comprehensive plan or land use regulations or the adoption of a new land use regulation that was forwarded to the Director of the Department of Land Conservation and Development under ORS 197.610(1). At the request of the applicant, the one hundred twenty day period may be extended for a reasonable period of time.

(Ord. 106 § 10.070, 1987)

If an application for a permit or zone change is incomplete, the City shall notify the applicant of the additional information required within thirty days of the receipt of the application. The applicant shall be given the opportunity to submit the additional information required. The application shall be deemed complete for the purposes of this article upon receipt of additional information required. If the applicant refuses to submit the required additional information, the application shall be deemed complete for the purpose of this article on the 31st day after the governing body first received the application. If the application was complete when first submitted or the applicant submits the requested additional information within one hundred eighty days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

(Ord. 106 § 10.080, 1987)

Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other title, resolution or regulation, the provisions which are more restrictive shall govern.

(Ord. 106 § 11.010, 1987)

The provisions of this title are severable. If any section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this title.

(Ord. 106 § 11.020, 1987)

In case a structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or used, land is, or is proposed to be, used in violation of this title, the structure or land thus in violation shall constitute a nuisance. The City may, as an alternative to other remedies that are legally available for enforcing this title, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, enjoin, temporarily or permanently abate, or remove the unlawful locations, construction, maintenance, repair, alteration, or use.

(Ord. 106 § 12.020, 1987)

A.

Within ten days after notification of a violation of this title the City Inspector shall notify the property owner that such a violation exists.

B.

Where the violation does not involve a structure, action to rectify such shall be made within thirty days.

C.

Where the violation involves a structure, action to rectify such shall be made within sixty days.

D.

If no action has been taken to rectify the violation within the specified time, the City Inspector will notify the City Attorney of such.

E.

The City Attorney shall set the date for a meeting with the person violating this title and the City Inspector to consider whether subsequent legal action should be taken to rectify the violation and if necessary, he shall take such legal action as required to insure compliance with this title.

(Ord. 106 § 12.030, 1987)

A person violating a provision of this title shall, upon conviction, be punished by imprisonment for not more than thirty days or by a fine of not more than five hundred dollars or both. A violation of this title shall be considered a separate offense for each day the violation continues.

(Ord. 106 § 12.010, 1987)