Yamhill City Zoning Code
CHAPTER 10
128 ADMINISTRATIVE PROVISIONS
§ 10.128.010 Administration.
The Planning Official and Planning Commission shall have the power and duty to enforce the provisions of this Title. An appeal from a ruling by the Planning Official will be to the Planning Commission. Appeal of a ruling by the Planning Commission regarding a requirement of the Title may be made only to the City Council.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.020 Review Procedures-General.
The Planning Official and/or Planning Commission shall have the authority to review any application or tentative plan accepted by staff, and shall prepare a report containing all pertinent information relative to the proposal if required. The City shall maintain a written record of the action taken, including appropriate findings, by the Planning Official and appropriate hearing body, relative to every application. Such records shall be readily available for public inspection.
(A)
Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure "type" assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures as described in subsections (A)(1) through (A)(4) of this section. Table 10.128.020 lists the City's land use and development approvals and corresponding review procedure(s).
(1)
Type I Procedure (Staff Review). Type I decisions are made by the Planning Official, or his or her designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., clear and objective standards).
(2)
Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by the Planning Official with public notice and an opportunity for appeal to the Planning Commission.
(3)
Type III Procedure (Quasi-Judicial Review — Planning Commission Hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council.
(4)
Type IV Procedure (Legislative Review — Planning Commission and City Council Hearings). The Type V procedure applies to the creation or revision, or large-scale implementation, of public policy (i.e., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission for a recommendation to City Council. City Council makes the final decision on legislative proposals.
Table 10.128.020 Summary of Approvals by Type of Review Procedure | ||
|---|---|---|
Approvals* | Review Procedures | Applicable Regulations |
Annexation | Type IV | |
Code Interpretation | Type I | |
Code Text Amendment | Type IV | |
Comprehensive Plan/Map Amendment | Type IV | |
Conditional Use Permit | Type III | |
Conditional Use Permit, Specific | Type III | |
Site Development Review (§ 10.112.020 (A - H) | Type I | |
Site Development Review (§ 10.112.030(B) | Type II | |
Type I | ||
Development Permit, Specific (§§ 10.116.030, 10.116.057) | Type II | |
Flood Hazard Overlay | Type II | |
Historic Review | Type II | |
Historic Demolition | Type III | |
Home Occupation, Type 2 | Type I | |
Home Occupation, Type 1 | Type III | |
Legal Lot Determination | Type I | |
Nonconforming Use or Structure, Expansion of | Type III | |
Partition or Replat of 2 - 3 Lots | ||
Preliminary Plat without Stream Corridor | Type II | |
Preliminary Plat with Stream Corridor | Type III | |
Final Plat | Type I | |
Planned Unit Development | Type III | |
Planned Unit Development, Extension | Type III | |
Planned Unit Development, Amendment | Type III | |
Property Boundary Adjustments, including Lot Consolidations | Type I | |
Signs | Type I | |
Signs, Electronic Reader Board | Type III | |
Similar Use Authorization | Type I | |
Development Permit | Type I or II | Title 10, Chapter 10.1112 |
Subdivision or Replat of > 3 Lots | ||
Preliminary Plat without Stream Corridor | Type II | |
Preliminary Plat with Stream Corridor | Type III | |
Final Plat | Type I | |
Temporary Structures | Type I | |
Vacation (Street) | N/A | See ORS Chapter 271 |
Variance (including Sign Variance) | Type III | |
Change of Zone | Type IV | |
(B)
Determination of Procedure Type. If there is a question of which procedure type a particular application should follow, the Planning Official shall determine the procedure to use.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.030 Review Procedure Type I-IV.
(A)
Type I Procedure (Staff Review). The Planning Official, or his or her designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. The Type I procedure is used in applying City standards and criteria that do not require the exercise of discretion (i.e., clear and objective standards).
(1)
Application Requirements.
(a)
Application Forms. Approvals requiring Type I review shall be made on forms provided by the City.
(2)
Requirements. A building permit shall not be issued until the Planning Official has approved a Type I application for the proposed project.
(3)
Criteria and Decision. The Planning Official's review is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.
(4)
Effective Date. A Type I decision is final on the date it is signed by the Planning Official.
(B)
Type II procedure (Administrative/Staff Review with Notice). The Planning Official or his or her designee performs administrative staff reviews through the Type II procedure. Type II decisions are made by the Planning Official with public notice and an opportunity for appeal to the Planning Commission.
(1)
Application Requirements.
(a)
Applications for projects requiring administrative review shall be made on forms provided by the City.
(b)
The Planning Official shall advise the applicant of the application submittal requirements. At a minimum, the application shall include all of the following information:
(i)
The information requested on the application form;
(iii)
A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;
(iv)
Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable;
(v)
Draft public notice and public mailing list; and
(vi)
The required fee.
(2)
Procedure.
(a)
Posted Notice. The Planning Official shall post public notice(s) of the application on the subject site not less than 14 days prior to a decision. Notice posters shall be posted in conspicuous locations, with at least one poster on each street frontage adjacent to the subject site. Notices shall be posted at least once every 600 feet of street frontage along the perimeter of the property. The Planning Official shall prepare a signed affidavit of posting, which shall be made a part of the file. The affidavit shall state the date and location(s) where the notice was posted.
(b)
The Planning Official shall mail public notice of applications subject to administrative review not less than 14 days prior to a decision. The Planning Official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file.
(c)
The purpose of the administrative review notice is to give nearby property owners and other interested people and agencies the opportunity to submit written comments on the application before the Planning Official issues the decision. The intent is to invite people to participate early in the decision-making process. Therefore all of the following individuals and agencies shall be notified:
(i)
All owners of record of real property within a minimum of 300 feet of the subject site;
(ii)
Any person who submits a written request to receive a notice; and
(iii)
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the Planning Official shall notify the road authority if different than the City of Yamhill. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this code.
(d)
The notice shall contain all of the following information:
(i)
The deadline for submitting written comments;
(ii)
A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;
(iii)
The address and City contact person for submitting written comments;
(iv)
The street address or other easily understandable reference to the location of the proposed use or development;
(v)
Disclosure statement indicating that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or circuit court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;
(vi)
Statement that all evidence relied upon by the Planning Official to make its decision is in the public record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the City;
and
(vii)
Statement that after the comment period closes the City will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
(e)
At the conclusion of the comment period, the Planning Official shall review the comments received and prepare a decision notice approving, approving with conditions, or denying the application based on the applicable code criteria.
(f)
The Planning Official shall prepare a notice of decision and mail it to the applicant, property owner (if different), those who provided written comments on the proposal, and those who requested a copy of the decision. The administrative notice of decision shall contain all of the following information:
(i)
A description of the applicant's proposal and the City's decision on the proposal. The notice may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
(ii)
The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (i.e., copy of assessor's map may be used);
(iii)
A statement of where the City's decision can be obtained;
(iv)
The date the decision shall become final, unless appealed; and
(v)
A statement that all persons entitled to notice may appeal the decision to the Planning Commission pursuant to Section 10.128.040(B).
(g)
Effective Date of Decision. Unless the conditions of approval specify otherwise, an administrative decision becomes effective 14 calendar days after the City mails the decision notice unless the decision is appealed pursuant to Section 10.128.040(B).
(C)
Type III Procedure (Quasi-Judicial Review - Planning Commission Decision). The Planning Commission makes Type III quasi-judicial decisions. The Type III review procedure involves a public hearing, and provides an opportunity for those who appear to appeal the Planning Commission decision to the City Council.
(1)
Application Requirements.
(a)
Application Forms. Applications requiring a quasi-judicial public hearing shall be made on forms provided by the City Planning Official.
(b)
Submittal Information. The Planning Official shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:
(i)
The information requested on the application form;
(ii)
Plans and exhibits required for the specific approval(s) being sought;
(iii)
A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;
(iv)
Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable;
(v)
Draft public notice and public mailing list; and
(vi)
The required fee.
(2)
Procedure.
(a)
Mailed and Published Notice. The Planning Official shall mail public notice of a public hearing on a quasi-judicial application not less than 20 days prior to the first hearing date on the application to the individuals and organizations listed below. The Planning Official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file. Notice shall be mailed to:
(i)
All owners of record of real property located within a minimum of 300 feet of the subject site;
(ii)
Any person who submits a written request to receive a notice; and
(iii)
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the Planning Official shall notify the road authority if different than the City of Yamhill. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this code.
(b)
Posted Notice. The Planning Official shall post public notice(s) of the public hearing on the subject site not less than 20 days prior to the first hearing date on the application. Notice posters shall be posted in conspicuous locations, with at least one poster on each street frontage adjacent to the subject site. Notices shall be posted at least once every 600 feet of street frontage along the perimeter of the property. The Planning Official shall prepare a signed affidavit of posting, which shall be made a part of the file. The affidavit shall state the date and location(s) where the notice was posted.
(c)
Content of Notices. Notice of a quasi-judicial hearing to be mailed and published shall contain all of the following information:
(i)
A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;
(ii)
The date, time and location of the scheduled hearing;
(iii)
The street address or other easily understandable reference to the location of the proposed use or development;
(iv)
A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the City Council, Land Use Board of Appeals, or circuit court, as applicable, on that issue. Only comments on the relevant approval criteria are considered relevant evidence;
(v)
A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the Planning Official and that copies shall be provided at a reasonable cost;
(vi)
A statement that a copy of the City's staff report and recommendation to the hearing body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;
(vii)
A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
(viii)
A statement that after the public hearing closes, the Planning Commission will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
(3)
Conduct of the Public Hearing.
(a)
Hearing Instructions. At the commencement of the hearing, the chairperson of the commission or his or her designee, shall state to those in attendance all of the following information and instructions:
(i)
The applicable approval criteria by code chapter that apply to the application;
(ii)
Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the Comprehensive Plan or land use regulations that the person testifying believes to apply to the decision;
(iii)
Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue;
(iv)
At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. See subsection (C)(6) of this section, Record of the public hearing;
(v)
Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection (C)(7) of this section, or leave the record open for additional written evidence or testimony as provided in subsection (8) of this section.
(4)
Impartial Tribunal. The public is entitled to an impartial hearing body as free from potential conflicts of interest and prehearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, the member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall excuse themselves from the proceedings.
(5)
Presenting and Receiving Evidence.
(a)
The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;
(b)
No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section;
(c)
Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.
(6)
Record. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, State, or Federal regulations; previous City decisions; case law; staff reports) upon announcing its intention to take notice of such facts in its deliberations and allowing persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.
(7)
Continuances. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.
(8)
Record Left Open for Additional Testimony. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:
(a)
When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;
(b)
An extension of the hearing or record granted pursuant to this section is subject to the limitations of Section 10.128.120 (ORS 227.178 - "120-day rule"), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and
(c)
If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.
(9)
Decision Notice. The notice of a quasi-judicial decision shall contain all of the following information:
(a)
A description of the applicant's proposal and the City's decision on the proposal. The notice may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
(b)
The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (i.e., copy of assessor's map may be used);
(c)
A statement of where the City's decision can be obtained;
(d)
The date the decision shall become final, unless appealed; and
(e)
A statement that all persons entitled to notice may appeal the Planning Commission's decision to City Council pursuant to Section 10.128.040(C), or may appeal the City council's decision to the State Land Use Board of Appeals, as applicable.
(10)
Effective Date of Decision. Unless the conditions of approval specify otherwise, a quasi-judicial decision becomes effective 14 calendar days after the City mails the decision notice unless the decision is appealed pursuant to Section 10.128.040(C).
(D)
Type IV Procedure (Legislative and Annexations - City Council Decision). A legislative action for the purposes of this code is a land use decision requiring City Council enactment of an ordinance. Legislative actions include amendments to the City of Yamhill comprehensive plan, amendments to the City of Yamhill Transportation System Plan and other facility plans which are ancillary to the Comprehensive Plan, amendments to the City's Zoning Map, Zoning and Land Divisions regulations that are not otherwise reviewable as quasi-judicial actions under Section 10.128.030(B), and annexations. Type IV legislative decisions are heard first by the Planning Commission for a recommendation to the City Council, and then by the City Council for a final decision. The Type IV review procedure involves two public hearings.
(1)
Initiation of Requests. The City Council or Planning Commission may initiate a legislative action at any time by a majority vote. Citizens or property owners may also initiate by application Type IV amendments. Legislative requests are not subject to the 120-day review period under ORS 227.178.
(2)
Initiation of Annexation Requests. Annexations may be initiated by the by a property owner or the City in accordance with Chapter 13.04.
(3)
Legislative Application Requirements.
(a)
Application Forms. Applications for legislative action shall be made on forms provided by the city.
(b)
Submittal Information. Applications for legislative action shall contain all of the following information:
(i)
The information requested on the application form;
(ii)
A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
(iii)
The required fee, except when City of Yamill initiates request; and
(iv)
One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.
(4)
Procedure. Hearings on legislative land use requests are conducted similar to City Council hearings on other legislative proposals, except the notification procedure for legislative land use requests must conform to state land use laws (ORS 227.175), as follows:
(a)
The Planning Official shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of proposed legislative amendments at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD certificate of mailing.
(b)
Mailed and Published Notice. The Planning Official shall mail public notice of a public hearing on a legislative application not less than 10 days before the scheduled Planning Commission and City Council public hearing dates, public notice shall be published in a newspaper of general circulation in the City. The Planning Official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file. Notice shall be mailed to:
(i)
All owners of record of real property located within a minimum of 500 feet of the subject site for a Comprehensive Plan Map or Zone Change and all property owners affected by a Comprehensive Plan or text change to Title 10 or Title 11.
(ii)
For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
(iii)
Any person who submits a written request to receive a notice; and
(iv)
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the Planning Official shall notify the road authority if different than the City of Yamill. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this code.
(5)
Posted Notice. The Planning Official shall post public notice(s) of the public hearing on the subject site (if applicable) not less than 20 days prior to the first hearing date on the application. Notice posters shall be posted in conspicuous locations, with at least one poster on each street frontage adjacent to the subject site. Notices shall be posted at least once every 600 feet of street frontage along the perimeter of the property. The Planning Official shall prepare a signed affidavit of posting, which shall be made a part of the file. The affidavit shall state the date and location(s) where the notice was posted.
(a)
Content of Notices. Notice of a legislative hearing to be mailed and published shall contain all of the following information:
(i)
A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;
(ii)
The date, time and location of the scheduled hearing;
(iii)
The street address or other easily understandable reference to the location of the proposed use or development;
(iv)
A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or circuit court, as applicable, on that issue. Only comments on the relevant approval criteria are considered relevant evidence;
(v)
A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the Planning Official and that copies shall be provided at a reasonable cost;
(vi)
A statement that a copy of the City's staff report and recommendation to the hearing body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;
(vii)
A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
(viii)
A statement that after the public hearing closes, the City Council will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
(6)
Conduct of the Public Hearing.
(a)
Hearing Instructions. At the commencement of the hearing, the Mayor, or his or her designee, shall state to those in attendance all of the following information and instructions:
(i)
The applicable approval criteria by code chapter that apply to the application;
(ii)
Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;
(iii)
Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue;
(iv)
At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. See subsection (D)(9) of this section, Record of the public hearing;
(v)
Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection (D)(10) of this section, or leave the record open for additional written evidence or testimony as provided in subsection (D)(11) of this section.
(7)
Impartial Tribunal. The public is entitled to an impartial hearing body as free from potential conflicts of interest and prehearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, the member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall excuse themselves from the proceedings.
(8)
Presenting and Receiving Evidence.
(a)
The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;
(b)
No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section;
(c)
Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.
(9)
Record. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, State, or Federal regulations; previous City decisions; case law; staff reports) upon announcing its intention to take notice of such facts in its deliberations and allowing persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.
(10)
Continuances. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.
(11)
Record Left Open for Additional Testimony. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:
(a)
When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;
(b)
An extension of the hearing or record granted pursuant to this section is not subject to the limitations of Section 10.128.120 (ORS 227.178 - "120-day rule"); and
(c)
If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.
(12)
Final Decision and Effective Date. A legislative land use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant. Notice of a legislative land use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within five business days after the City Council decision is filed with the Planning Official. The City shall also provide notice to all persons as required by other applicable laws.
(13)
Record of the Public Hearing.
(a)
Official Record. The official public hearing record shall include all of the following information:
(i)
All materials considered by the hearing body;
(ii)
All materials submitted by the Planning Official to the hearing body regarding the application;
(iii)
The minutes of the hearing;
(iv)
The final written decision; and
(v)
Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.
(b)
Minutes. The meeting minutes shall be filed in hard copy form with the Planning Official. The minutes and other evidence presented as a part of the hearing shall be part of the record.
(c)
Exhibits. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
(Ord. 545, 7/9/2025)
§ 10.128.040 Appeals.
(B)
Type II.
(1)
Appeal of Type II (Administrative) Decision. A Type II administrative decision made by the City Planning Official may be appealed to the Yamhill Planning Commission, pursuant to the following:
(a)
Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:
(b)
Appeal Filing Procedure.
(i)
Notice of Appeal. Any person with standing to appeal, as provided in subsection (D)(1) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures.
(ii)
Time for Filing. A notice of appeal shall be filed with the Planning Official within the time frame specified on the notice of decision; this will be within 14 calendar days of the date the notice of decision is mailed.
(iii)
Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain:
(1)
An identification of the decision being appealed, including the date of the decision;
(2)
A statement demonstrating the person filing the notice of appeal has standing to appeal;
(3)
A statement explaining the specific issues being raised on appeal; and
(4)
If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
(c)
Scope of Appeal. The appeal of a Type II administrative decision shall be a hearing de novo before the Planning Commission, where the contested decision was made by the City Planning Official. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the administrative decision, but may include other relevant evidence and arguments. The hearing appeal body may allow additional evidence, testimony or argument concerning any relevant standard, criterion, condition, or issue.
(d)
Appeal Hearing Procedure. Hearings on appeals of Type II decisions shall follow the same procedure used for public hearings on Type III reviews under 10.128.030(C). Section 10.128.030(C) contains requirements for public hearing notices, conduct of hearings, and decision-making procedures.
(C)
Type III.
(1)
Appeal of Planning Commission Decision. The Planning Commission's decision may be appealed to the Yamill City Council as follows:
(a)
Who May Appeal. Only persons who "appear" during a quasi-judicial proceeding, by testifying orally or in writing, prior to the close of the public record, may appeal the Planning Commission decision.
(b)
Appeal Filing Procedure.
(i)
Notice of Appeal. Any person with standing to appeal, as provided in Section 10.128.040(B)(1)(a), may appeal a Type III quasi-judicial decision by filing a notice of appeal according to the following procedures.
(ii)
Time for Filing. A notice of appeal shall be filed with the City Planning Official within the time frame specified on the notice of decision; typically, this will be within 14 days of the date the notice of decision is mailed.
(iii)
Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain:
(1)
An identification of the decision being appealed, including the date of the decision;
(2)
A statement demonstrating the person filing the notice of appeal has standing to appeal;
(3)
A statement explaining the specific issues being raised on appeal; and
(4)
If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
(c)
Scope of Appeal. The appeal of a Type III quasi-judicial decision shall be a de novo hearing before the City Council, which may allow additional evidence, testimony or argument concerning any issue raised at the planning commission.
(d)
Record of the Public Hearing.
(i)
Official Record. The official public hearing record shall include all of the following information:
(ii)
All materials considered by the hearing body;
(iii)
All materials submitted by the Planning Official to the hearing body regarding the application;
(iv)
The minutes of the hearing;
(v)
The final written decision; and
(vi)
Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.
(e)
Minutes. The meeting minutes shall be filed in hard copy form with the Planning Official. The minutes and other evidence presented as a part of the hearing shall be part of the record.
(f)
Exhibits. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
(g)
Effective Date and Appeals to State Land Use Board of Appeals. Final decisions, including appeal decisions, are effective the date the City mails the decision. Appeals of City council final decisions under this code shall be filed with the State Land Use Board of Appeals pursuant to ORS 197.805 to 197.860, except where state law requires review by a different court.
(D)
Type IV.
(1)
Effective Date and Appeals to State Land Use Board of Appeals. Final decisions, including appeal decisions, are effective the date the City mails the decision. Appeals of City Council final decisions under this code shall be filed with the State Land Use Board of Appeals pursuant to ORS 197.805 to 197.860, except where State law requires review by a different court.
(Ord. 545, 7/9/2025)
§ 10.128.050 Citizen Involvement.
To provide opportunities for public input in the planning process, the City shall, through the mechanisms provided in the Citizen Involvement Program, submit all applications to the citizens for comment and review.
[1]
Editor's Note: This ordinance also repealed §§ 10.128.040—10.128.130, 10.128.160, 10.128.170, 10.128.190 and 10.128.200, with subsequent renumbering.
§ 10.128.060 Challenge for Bias, Prejudgment or Personal Interest.
(A)
Prior to or at the commencement of a hearing, any party may challenge the qualifications of the hearings body or a member thereof for bias, prejudgment, or personal interest. The challenge shall be documented with specific reasons supported by facts.
(B)
No member of a hearings body shall participate in a hearing, except under the rule of necessity if:
(C)
Should the qualifications of the hearings body be challenged, it or the member challenged shall either disqualify itself, withdraw, or make a statement of its capacity to hear, which statement shall be a part of the record.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.070 Hearing Procedure.
(A)
A hearing shall be conducted in the following order, or in such other manner as may be ordered by the hearings body, so long as the parties are provided a reasonable opportunity to present their cases:
(1)
Open the Public Hearing and Announce the Purpose. The hearings body shall explain the purpose of the hearing and announce the order of proceedings, including reasonable time limits on presentations by parties.
(2)
A statement by the hearings body regarding pre-hearing, contacts, bias, prejudice, or personal interest shall be made. Call for abstentions.
(3)
Ask for Objections to Jurisdiction. Challenges to the hearings body's qualifications to hearing the matter shall be stated.
(5)
Close of Hearing and Deliberation. The hearings body shall either make its decision and state the findings of fact or continue deliberation to a subsequent date, the time and date of which shall be announced. No additional testimony or evidence shall be taken after closing of the hearing.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.080 Time Limit on a Permit for a Conditional Use, Variance, Development Permit, and Restricted Development Review.
Authorization shall be void after one year from the approval date unless substantial construction pursuant thereto has taken place. However, the original decision-maker may, in its discretion, extend authorization for an additional six months on request.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.090 Revocation.
The Planning Official or Commission may revoke or modify any permit granted under the provisions of this Title on any one or more of the following grounds:
(A)
A permit may be revoked on the basis of fraud, concealment, or misrepresentation, or on the basis of wrong information given to the Commission.
(B)
A permit may be revoked on the basis that the use for which such permit was granted is not being exercised within the time limit set forth by the Commission or this Title.
(C)
A permit may be revoked on the basis that the use for which such permit was granted has ceased to exist or has been suspended for six months or more.
(D)
A permit may be revoked or modified on the basis that the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, code, resolution, law or regulation.
(E)
A permit may be revoked or modified on the basis that the use for which the permit was granted was so exercised as to be detrimental to the public health, safety or welfare, or in such a manner as to constitute a nuisance.
(F)
Any permit granted pursuant to this Title shall become null and void if not exercised within the time period specified in the permit.
(G)
The Commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee and other affected persons as set forth in this Title. The Commission shall render its decision within 30 days after the conclusion of the hearing. In the case where the permittee is not satisfied with the action of the Commission, he/she may appeal the Commission's decision to the City Council in the manner provided in Section 10.128.190.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.100 Filing Fees.
Fees shall be paid to the Planning Official upon the filing of an application. Such fees shall not be refundable. Fees shall be established by the City Council by resolution.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.110 Professional Expenses.
In addition to any other fees prescribed by the City regulations, there is imposed upon an applicant before the Planning Official, Planning Commission or City Council an additional fee for professional review of the application. Said fee shall be in accordance with Yamhill Municipal Code Section 1.32.100.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.128.120 General Provisions Applicable to all Reviews.
(A)
Time Limit — 120-Day Rule. The City shall take final action on administrative and quasi-judicial land use applications, pursuant to this chapter, including resolution of all appeals, within 120 days from the date the City Planning Official deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 120-day rule does not apply to legislative land use decisions.)
(B)
Time Periods. In computing time periods prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday.
(C)
Consolidated Review of Applications. When an applicant applies for more than one type of land use or development permit for the same one or more contiguous lots, the proceedings shall be consolidated for review and decision at the applicant's request or at the City's discretion. The consolidated application shall be considered using the highest procedure type of any of the applications. 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.
(D)
City Planning Official's Duties. The Planning Official, or his or her designee, shall perform all of the following duties with regard to administration of this code:
(1)
Prepare application forms based on the provisions of this code and applicable State law;
(2)
Review required notices, and process applications;
(3)
Assist Planning Commission and City Council in administering the hearings process;
(4)
Answer questions from the public regarding the City's land use regulations;
(5)
Prepare staff reports summarizing pending applications, including applicable decision criteria;
(6)
Prepare findings consistent with City Council decisions on land use and development applications;
(7)
Prepare notices of final decisions, file the notices in the City's records and mail a copy of the notices to all parties entitled to notice under this code; and
(8)
Maintain and preserve the file and public record for each application.
(Ord. 545, 7/9/2025)