Yachats City Zoning Code
CHAPTER 9
88 ADMINISTRATION AND ENFORCEMENT
§ 9.88.010 Compliance with title provisions.
A.
A lot may be used and a structure or part of a structure may be constructed, altered, occupied or used as this title permits.
B.
No lot area, yard, off-street parking or loading area or other open space existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required for it by this title.
C.
No lot area, yard or off-street parking or loading area or other required open space for one use shall be used as the required area, yard, off-street parking or loading area, or other required open space for another use.
(Ord. 73E § 1.010, 1992)
§ 9.88.020 Administration authority.
The City Council, Planning Commission and/or its designates shall have the power and duty to enforce the provisions of this title.
(Ord. 73E § 14.010, 1992)
§ 9.88.030 Consolidated application procedure.
If a proposed development requires more than one application for a permit or zone change request, the applicant may choose to apply for all necessary applications at the same time. In this case, the Planning Commission shall consolidate its review of all necessary applications. If review by the City Council is necessary, the City Council shall also consolidate its review of all necessary applications. This consolidated application procedure shall be subject to the requirements of Section 9.88.080.
(Ord. 73E § 14.020, 1992)
§ 9.88.040 Form of petitions, applications and appeals.
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 to be built upon; the material to be used; the external sizes and locations on 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. 73E § 14.030, 1992)
§ 9.88.050 Filing fees.
The following fees shall be paid to the City Recorder upon the filing of an application. Such fees shall not be refundable, except as provided in Section 9.84.030:
1. Changes to the urban growth boundary | $1000.00 |
2. Conditional use | $250.00 |
3. Variance | $250.00 |
4. Change of nonconforming use | $250.00 |
5. Partitions | $200.00 |
6. Appeal of: | 75% of cost of original or 100.00 whichever is greater. |
7. Subdivision | |
4-9 lots | $250.00 |
10 lots or more | $350.00 |
8. Planned unit development | $1000.00 |
9. Zone change or change to comp. plan | $500.00 |
10. Transcripts: | Fees for preparation of written transcripts shall not exceed the cost of preparing the transcript, up to $500.00, plus one half of the actual cost over $500.00. |
11. Property line adjustment | $250.00 |
Applicants shall be charged the actual costs for any expenses related to a land use application that exceed the application fee; including, but not limited to, charges for services performed by outside consultants, engineers, or others for services, work performed by City staff, copies, mailing, and legal notices.
(Ord. 73E § 14.040, 1992; Ord. 195 § 2, 1997; Ord. 234, Amended, 06/19/2003; Ord. 252, Amended, 04/18/2005)
§ 9.88.060 Notice of public hearing.
A.
When the Planning Commission or City Council is required to hold a public hearing, notice of the hearing shall be given in the following manner:
1.
Quasi-Judicial Applications. Notice of public hearings on any quasi-judicial application shall be provided as follows:
a.
By mail to the applicant and to owners of record on the most recent property tax assessment roll of property which is located within 250 feet of the perimeter of the property which is the subject of the notice, at least: (a) 20 days before the evidentiary hearing; or (b) if two or more evidentiary hearings are allowed, 10 days before the first evidentiary hearing;
b.
By publishing in a newspaper of general circulation in the county at least 10 days prior to the date of the hearing; and
c.
By posting in three public and conspicuous places at least 10 days prior to the date of the hearing.
2.
Text and Zoning Map Amendments. Each notice of a public hearing regarding an amendment to the text of this title or a legislative amendment to the zoning map shall be provided as follows:
3.
Zone Change, Manufactured Dwelling Park. Each notice of a public hearing on a zone change for property which includes all or part of a manufactured dwelling park shall be sent by first class mail to each existing mailing address for tenants of the manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the application. The City may require the applicant for the zone change to pay the costs of the notice.
B.
Notice of a public hearing on a quasi-judicial land use action shall include the following information:
1.
The name of the applicant;
2.
The date, time and location of the hearing;
3.
A description of the location of the property for which a permit or other land use action is pending, including the street address and the subdivision lot and block designation, or tax lot number;
4.
A concise description of the proposed development action;
5.
A reference to the applicable comprehensive plan and zoning ordinance criteria which apply to the proposal;
6.
A statement that a failure to raise an issue in person or by letter, or failure to provide statesments or evidence sufficient to allow the decision-maker an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;
7.
A statement describing where the complete application, criteria and other relevant information is available for review, and how written comments may be submitted;
8.
The name and phone number of a local government representative to contact for more information;
9.
A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost, and that copies can be provided at reasonable cost;
10.
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 can be provided at reasonable cost;
11.
A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
(Ord. 73E § 14.050, 1992; Ord. 180 § 2, 1996)
§ 9.88.070 Authorization of similar uses.
The City Council 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. 73E § 14.060, 1992)
§ 9.88.080 Public hearing procedures.
A.
Any staff report used at a public hearing on a quasi-judicial land use action shall be available at least seven days prior to the hearing. If additional documents or evidence are provided in support of the application, any party shall be entitled to a continuance of the hearing. This continuance period shall not be counted as part of the 120 day time limit in Section 9.88.090.
B.
The Planning Commission or City Council may continue a hearing in order to obtain additional information or to serve further notice upon other property owners it decides may be interested in the proposal being considered. Upon continuing the hearing, the time and date when the hearing is to be resumed shall be announced.
C.
Unless there is a continuance, if a participant so requests before the conclusion of the first evidentiary hearing on a land use action, the record shall remain open for at least seven days after the hearing. Whenever the record of a land use hearing 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. This extension of time shall not be counted as part of the 120 day time limit in Section 9.88.090.
(Ord. 73E § 14.065, 1992; Ord. 180 § 3, 1996)
§ 9.88.090 Final action on application for permit or zone change request.
The following section shall apply to all applications for permits or zone change requests, except those which involve an amendment to the comprehensive plan or zoning ordinance, or the adoption of a new land use regulation.
A.
The City shall take final action on an application for a permit or zone change request, including resolution of all local appeals, within 120 days after the application is deemed complete. This 120 day period may be extended for a reasonable period of time at the request of the applicant.
B.
If an application for a permit or zone change is incomplete, the City shall notify the applicant of the additional information required within 30 days of the receipt of the application. The applicant shall be given an opportunity to submit the additional information. The application shall be deemed complete upon receipt of the additional information required. Refusal by the applicant to submit the required additional information shall deem the application complete on the forty-fifth day after the governing body first received the application.
C.
All documents or evidence provided by the applicant shall be submitted to the City and be made available to the public at the time the notice of public hearing required by Section 9.88.060(B) is provided.
D.
If the application was complete when first submitted, or the applicant submits the requested additional information within 180 days of the date the application was first submitted, the City's 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. 73E § 14.070, 1992)
§ 9.88.100 Findings of fact.
Approval or denial of a permit application shall be based upon and accompanied by a brief statement (findings of fact) that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth. In lieu of a separate document addressing these findings, the minutes of the Planning Commission or City Council which reflect the criteria, standards, facts and decision may be used as findings of fact.
(Ord. 73E § 14.080, 1992)
§ 9.88.110 Effective date of decision.
The effective date of a decision of the Planning Commission or City Council is the date of adoption of the findings of fact, if available. In the case where the record of minutes serves as the findings, the effective date of decision is the date on which these minutes are approved.
Within five days of adoption of a decision, the City Recorder shall send written notice of the decision to the applicant(s) and all other persons who submitted testimony at the hearing.
(Ord. 73E § 14.090, 1992)
§ 9.88.120 Appeals.
A.
Any action or ruling of the Planning Commission pursuant to this title may be appealed within 15 days of the effective date of decision, as noted in Section 9.88.110. If the appeal is not filed within this 15 day period, the decision of the Planning Commission shall be final.
B.
To appeal a decision of the Planning Commission, the appellant(s) shall submit an appeal form with the appropriate filing fee at the City office. An appeal that does not address applicable criteria will be deemed incomplete and returned to the appellant(s).
C.
Upon receipt of an appeal request, it shall be scheduled for a public hearing with the City Council and duly noticed, in accordance with the provisions of Section 9.88.060. The Council shall be provided with the Planning Commission's findings and recommendations for review prior to the hearing.
D.
At the conclusion of the hearing, the Council may uphold the decision of the Planning Commission or the appeal or remand the matter back to the Planning Commission for reconsideration.
E.
At its discretion the City Council may choose to initiate the appeal process and the fee shall be waived.
(Ord. 73E § 14.100, 1992)
§ 9.88.130 Interpretation of provisions.
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 ordinance, resolution or regulation, the provisions which are more restrictive shall govern, except in a planned unit development.
(Ord. 73E § 15.010, 1992)
§ 9.88.140 Unanticipated provisions.
Anything not covered by this title shall be permitted only by unanimous agreement of the City Council after a public hearing.
(Ord. 73E § 15.030, 1992)
§ 9.88.150 Zoning of annexed areas.
Zoning regulations applicable to an area prior to annexation to Yachats shall continue to apply and shall be enforced by the City Council until the City Council changes the zoning. The Planning Commission shall thoroughly and expeditiously investigate the annexed property and recommend the appropriate zone to the City Council for adoption after review in public meetings and receiving testimony from the affected parties.
(Ord. 73E § 15.040, 1992)
§ 9.88.160 Highway cuts.
Cuts on Highway 101 shall be allowed only if no other alternative is available.
(Ord. 73E § 15.050,1992)
§ 9.88.170 Violation-Penalty.
Any person violating or causing the violation of any provisions of this title shall be deemed to have committed a Class A civil infraction, such infraction to be processed in accordance with the procedures set forth in Chapter 1.12 which governs all civil infractions.
(Ord. 73E § 16.010, 1992; Ord. 180 § 4, 1996)