Yoncalla City Zoning Code
Division I
Introduction and General Provisions
18.05.005 Introduction.
The city of Yoncalla development code (“code”) is administered by the planning commission or its designee. The code regulates land use and development within the city of Yoncalla, and is organized as follows:
(1) Division I. Division I describes the title, purpose, authority, organization and general administration of the code. Division I also explains how city officials interpret and enforce code requirements.
(2) Division II. Division II contains the zoning regulations. Zones are designated by the city of Yoncalla zoning map, consistent with the city of Yoncalla comprehensive plan. The zoning regulations specify allowed land uses, and lot and development standards that are specific to particular land uses or zones. Before commencing a new use or development, changing an existing use or development, or applying for a building permit, the property owner shall complete a land use compatibility statement.
(3) Division III. Division III contains the city’s development design standards, including requirements for street access; pedestrian and vehicle circulation; parking; adequate transportation, water, sanitary sewer, and storm drainage facilities; and utility requirements. Division III applies to all development, including land divisions and projects for which no land use application or review is required.
(4) Division IV. Division IV contains the city’s application requirements and review procedures for land use and development decisions, including but not limited to procedures for land divisions, lot line adjustments, conditional use permits, site plan review, and variances.
(5) Division V. Division V contains definitions and other exhibits that the city uses in interpreting and administering the code. (Ord. 429 §1(1.1), 2018).
18.05.010 Title.
The official name of this code is “the city of Yoncalla development code.” It may also be referred to as “development code” and “code.” (Ord. 429 §1(1.2.010), 2018).
18.05.020 Purpose and composition.
This code, along with other documents, is intended to augment and implement the Yoncalla comprehensive plan. All of the various planning documents which control the character and development of the city of Yoncalla must be used together to fulfill their combined purpose, which is to create and maintain a proper environment for human interaction, and to encourage the orderly and efficient development and use of land within the city of Yoncalla, consistent with the city of Yoncalla comprehensive plan and the following principles:
(1) Promote Orderly City Growth.
(a) Full utilization of urban services (e.g., water, sewer, storm drainage, parks and transportation facilities), which maximizes the return on public investments in infrastructure;
(b) Provision of rules, regulations and standards to govern the approval of subdivisions, partitions and lot line alterations, to carry out the development pattern and plan of the city of Yoncalla and to promote the public health, safety and general welfare thereof, and in order to lessen congestion of streets, to secure safety from fire, flood, pollution and other dangers, to provide adequate light and air, and to prevent overcrowding of land.
(c) Efficient and appropriate utilization of the land to conserve and stabilize property values; to establish standards for desired population densities; to provide adequate open space for light, air, and landscaping;
(2) Transportation efficiency, or development of an interconnected street system supporting multiple modes of transportation, which yields more direct routes (shorter distances) between local designation, conserves energy, reduces emergency response times, and provides alternatives to the automobile for those who are unable or choose not to drive a car; to provide workable relationships of land use to the transportation system; to provide for community facilities and expedite fire and police protection;
(3) Pedestrian-scale design, or development in which people feel safe and comfortable walking from place to place because buildings, streetscapes, parking areas and other components of the built environment are designed foremost with pedestrians in mind;
(4) Environmental health, which requires adequate protection of natural resources, management of surface water runoff, and treatment and disposal of waste; encourage the conservation of energy resources;
(5) Efficient administration of code requirements, consistent with the needs of the city of Yoncalla, a small city with limited administrative capacity.
A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered, occupied or used only as this title permits. (Ord. 429 §1(1.2.020), 2018).
18.05.030 Rules of code construction.
(1) Provisions of This Code Declared to Be Minimum Requirements. The provisions of this code, in their interpretation and application, are minimum requirements, adopted for the protection of the public health, safety, and general welfare.
(2) Interpretation. Where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or any other ordinance, the provisions which are more restrictive shall govern.
(3) Highest Standard or Requirement Applies. Where the requirement of this code varies from another provision of this code or with other applicable regulations, the highest standard or regulation shall govern. The planning secretary or planning commission, as applicable, shall determine which code provision sets the highest standard. Where the applicability of a code provision is unclear, the planning commission, or upon referral the city council, may issue a formal interpretation pursuant with Chapter 18.15 YMC, Code Interpretations.
(4) Tenses. Words used in the present tense include the future; the singular form includes the plural; and the plural includes the singular.
(5) Requirements versus Guidelines. The use of the word “shall,” “must,” “required,” or similar directive terms, means the code provision is a requirement. The use of the word “should,” “encouraged,” “recommended,” or similar terms, means the provision is a guideline, which may be imposed as a requirement but only where the applicable code criteria allow the city decision-making body to exercise such discretion.
(6) Interpreting Illustrations. This code contains illustrations and photographs, code “graphics,” which are intended to serve as examples of development design that either meet or do not meet particular code standards. Except where a graphic contains a specific numerical standard or uses the word “shall,” “must,” “required” or “prohibited,” strict adherence to the graphic is not required.
(7) Specific Provisions. Any portion or provision of this title shall be referred to by the section number under which it is codified, along with any subsection designations the specific provisions have been given.
(8) Amendment. In amending any portion of this title, it shall only be necessary to set forth in full, as so amended, the smallest particular breakdown of a section being amended. Identification in the amending ordinance of the portion or provision of this title being amended shall be by the manner of reference provided in subsection (7) of this section. (Ord. 429 §1(1.2.030), 2018).
18.05.040 Development code consistency with comprehensive plan and laws.
(1) Yoncalla Comprehensive Plan. This code implements the city of Yoncalla comprehensive plan. Except as otherwise required by applicable state or federal law, all provisions of this code shall be construed in conformity with the comprehensive plan, including any comprehensive plan elements or public facility master plans adopted pursuant to the comprehensive plan.
(2) Compliance with Other Laws Required. In addition to the requirements of this code, all uses and development must comply with all other applicable city, state of Oregon, and federal rules and regulations.
(3) References to Other Regulations. All references to other city, state, and federal rules and regulations are for informational purposes only and do not constitute a complete list of such requirements. The references do not imply any responsibility by the city for enforcement of state or federal regulations. Where a proposal, permit, or approval is subject to both city of Yoncalla requirements and state or federal requirements, the property owner is responsible for contacting the applicable agencies and complying with their rules and regulations.
(4) Current Versions and Citations. All references to the regulations of other jurisdictions refer to the most current version and citation for those regulations, except where this code, city council policy, or applicable law requires otherwise. Where a referenced regulation has been amended or repealed, the city planning official, planning commission or, upon referral, the city council, shall interpret this code and, based on adopted city policy, determine whether an equivalent standard applies. Such determinations, unless made through a legislative process, may be appealed to city council. (Ord. 429 §1(1.2.040), 2018).
18.05.050 Coordination of building permits.
(1) Land Use Approvals and Building Permits. Land use and building approvals are processed by a combination of the city of Yoncalla and Douglas County. The Douglas County building department administers building codes and issues building permits and certificates of occupancy; and the planning secretary administers the development code, processes land use approvals, and coordinates with the designated building official on development and building projects to ensure compliance with the development code.
(2) Zoning Compliance Required for Building Permits. A building permit shall not be issued until the planning secretary has confirmed that all applicable requirements of this code are met through a land use compatibility statement and any appropriate conditions of approval are in place to ensure compliance. (Ord. 429 §1(1.2.050), 2018).
18.05.060 Official action.
The city of Yoncalla planning secretary, planning commission and city council are vested with authority to issue permits and grant approvals in conformance with this code, pursuant to Division IV, Application Review and Approval Criteria. City officials shall issue no permit and grant no approval for any development or use that violates or fails to comply with conditions or standards imposed to carry out this code. (Ord. 429 §1(1.2.060(A)), 2018).
18.05.070 Duties and powers of the planning secretary.
(1) The planning secretary shall be a paid employee or agent of the city and shall coordinate the administration of this code with other city, state or federal laws and regulations as these plans, laws, and regulations may now or hereafter provide. In addition, the administrator shall be expected to seek the fulfillment of the provisions of this code, both general and specific. The planning secretary shall interpret the provisions of this code. Such interpretations may be appealed to the planning commission. Interpretations for uses within zones not expressly mentioned in this code shall be referred to the planning commission.
(2) Additional duties of the planning secretary shall include the following:
(a) Review and evaluate all site plans to establish compliance with the provisions of this code; prepare or contract for staff reports for development applications requiring submission to the planning commission or city council;
(b) Receive and process, or contract processing, for all applications, including variances, conditional use permits, temporary permits and zone changes in accordance with the processing procedures outlined in Division IV.
(c) Take or delegate responsibility for recording and filing 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.
(d) Take responsibility for seeing that inspections and surveys are done to determine compliance or noncompliance with the terms of this code. Upon completion of all final inspections to verify compliance with the uniform building code, the Douglas County building department will issue a certificate of occupancy.
(e) Revoke, by writing, a permit or approval issued contrary to this code or based on a false statement or misrepresentation in the application.
(f) Stop, by written order, work being done contrary to the building code or to this code. Such written order, posted on the premises involved, shall not be removed except by order of the Douglas County building department. Removal without such order shall constitute a violation of this code.
(g) Initiate appropriate actions or proceedings to:
(i) Address any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use which may come to the attention of the planning secretary;
(ii) Restrain, correct or abate any such violation, so as to prevent the occupancy or use of any building, structure or land;
(iii) Prevent any illegal act(s), conduct, business or use in or about such premises. (Ord. 429 §1(1.2.060(B)), 2018).
18.05.080 Duties of the planning commission.
(1) The planning commission shall conduct public hearings and review and decide on all applications for variance, conditional use permit, or temporary permit as required by this code; hear all petitions and make a recommendation to the city council as provided by this code.
(2) The planning commission shall study and report on all proposed amendments to the text or map of this code referred to it by the city council or upon receipt of a petition.
(3) The planning commission shall hear any appeals of administrative decisions made by the planning secretary.
(4) The planning commission shall review this code and report on the same to the city council at least once every five years, commencing on the date of enactment of this code. Specifically, the planning commission shall:
(a) Analyze the extent to which development has occurred in the city as compared to the projected growth at the time of the last previous mapping of the zones created by this code;
(b) Recommend any changes in the zoning map or comprehensive plan which would be required in order to accommodate the expected 20-year growth of Yoncalla for residential, industrial, commercial and other land uses;
(c) Analyze the continued validity of any other regulations imposed by this code in terms of changed conditions since the last review of the same. (Ord. 429 §1(1.2.060(C)), 2018).
18.05.090 City council.
This is the legal governing body of the city of Yoncalla and, as such, the only body that can adopt or amend ordinances, including the one creating this code. Therefore it shall be the city council which hears and decides on requests for amendments and zone changes. This body shall also review appointments to the planning commission and appoint the planning secretary, and shall hear and decide on appeals of decisions of the planning commission. (Ord. 429 §1(1.2.060(D)), 2018).
18.05.100 Notices, filing, and validity of actions.
The failure of any person to receive mailed notice or failure to post or file a notice, staff report, or form shall not invalidate any actions pursuant to this code, provided a good faith effort was made to notify all parties entitled to such notice, report, or form. See Chapter 18.60 YMC, General Review Procedures. (Ord. 429 §1(1.2.060(E)), 2018).
18.10.010 Continuation of nonconforming use.
Subject to the provisions of ORS 215.130 and subsequent county provisions, a nonconforming use or structure may be continued. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title is not considered an enlargement or expansion of a nonconforming use under YMC 18.10.020. (Ord. 429 §1(1.3.010), 2018).
18.10.020 Enlargement or expansion of a nonconforming use.
In case of practical difficulty and unnecessary hardship, the planning commission may grant a variance for the enlargement or expansion of a nonconforming use up to 20 percent in floor area or, in those cases not involving structures, up to 10 percent in land area as existing on the effective date of the ordinance codified in this title. (Ord. 429 §1(1.3.020), 2018).
18.10.030 Discontinuance of nonconforming use.
(1) If a conforming use involving a structure is discontinued for a period of one year, further use of the property shall conform to this title.
(2) If a conforming use not involving a structure is discontinued for a period of six months, further use of the property shall conform to this title. (Ord. 429 §1(1.3.030), 2018).
18.10.040 Change of nonconforming use.
(1) If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this title.
(2) If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this title unless the planning commission determines that such structure is suitable only for another nonconforming use no more detrimental to surrounding properties than the one to be replaced. (Ord. 429 §1(1.3.040), 2018).
18.10.050 Destruction of nonconforming use or structure.
If a nonconforming structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of its fair market value as indicated by the records of the county assessor and is not returned to use within one year from the date of destruction, a future structure or use on the site shall conform to this title. (Ord. 429 §1(1.3.050), 2018).
18.10.060 Completion of structure.
Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been issued and construction work has commenced prior to the adoption of this title, provided the building, if nonconforming or intended for a nonconforming use, is completed and in use within two years from the time the building permit is issued. (Ord. 429 §1(1.3.060), 2018).
18.15.010 Code interpretations.
Some terms or phrases within this code may have two or more reasonable meanings. Generally, where the conditions imposed by a provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or any other ordinance, the provisions which are more restrictive shall govern. Alternatively, this chapter provides a formal process for resolving differences in the interpretation of the code text if necessary or desired. (Ord. 429 §1(1.4.010), 2018).
18.15.020 Code interpretation procedure.
Requests for a code interpretation shall be made in writing to the planning secretary and shall be processed as follows:
(1) The planning secretary, within seven to 14 days of the inquiry, shall advise the person making the inquiry in writing as to whether the city will make a formal interpretation.
(2) Where an interpretation does not involve the exercise of discretion, the planning secretary shall advise the person making the inquiry of his or her decision within a reasonable time frame and without public notice.
(3) Where an interpretation requires discretion, the planning secretary shall inform the person making the request that an application for code interpretation is required and advise the applicant on how to make the request. At a minimum, an application for code interpretation shall include a letter citing the nature and reasons for the request, and, as required, a city fee. The planning secretary then shall review relevant background information, including but not limited to other relevant code sections and previous city land use decisions, and follow the Type III review and decision-making procedures in YMC 18.60.090 through 18.60.140. (Ord. 429 §1(1.4.010(A)), 2018).
18.15.030 Written interpretation.
Following the close of the public comment period on an application for a code interpretation, or a planning commission’s decision on a code interpretation application, the planning secretary shall mail or deliver the city’s decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided public testimony on the application. The decision shall become effective when the appeal period for the decision expires. (Ord. 429 §1(1.4.010(B)), 2018).
18.15.040 Referral to city council.
Where a code interpretation may have significant citywide policy implications, the planning secretary may bypass the procedure in YMC 18.15.020(3) and 18.15.030 and refer the request directly to the city council for legislative review in a public hearing; such public hearings shall be conducted following Type IV procedure of YMC 18.60.150 through 18.60.190. (Ord. 429 §1(1.4.010(C)), 2018).
18.15.050 Interpretations on file.
The city shall keep on file a record of its code interpretations. (Ord. 429 §1(1.4.010(D)), 2018).
18.20.010 Violation.
Any person violating or causing the violation of any of the provisions of this code who fails to abate said violation has committed an infraction, which, upon conviction thereof, is punishable as prescribed in this chapter and/or ORS Chapter 161. A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation.
In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or used, or land is or is proposed to be used in violation of this title, the building or land thus in violation shall constitute a nuisance, and 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 location, construction, maintenance, repair, alteration or use. (Ord. 429 §1(1.5.010), 2018).
18.20.020 City attorney.
In matters which cannot, or should not, be resolved by the administrator, planning commission or city council, the city attorney shall be the official to seek redress for the city for any violations of this code referred to him or her by the city council. (Ord. 429 §1(1.5.020), 2018).
18.20.030 Liability.
The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city of Yoncalla or any official or employee thereof of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result therefrom. (Ord. 429 §1(1.5.030), 2018).
18.20.040 Complaints.
Whenever the planning secretary receives a written and signed complaint alleging a violation of this code, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant what actions have been or will be taken. (Ord. 429 §1(1.5.040), 2018).
18.20.050 Persons liable.
The owner, tenant, or occupant of any building or land or part thereof, and any architect, builder, contractor, agent or other person, who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this code, may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. (Ord. 429 §1(1.5.050), 2018).
18.20.060 Enforcement procedures.
(1) If the planning secretary finds that any provision of this code is being violated, he/she shall mail written notice to the person responsible for such violation, indicating the nature of the violation, ordering the action necessary to correct it and the time limit in which action must be taken. Additional written notices may be sent at the administrator’s discretion. All notices of violation shall be sent via registered mail with receipt notification.
(2) The written notice shall state what action the administrator intends to take if the violation is not corrected and shall advise that the planning secretary’s decision or order may be appealed in accordance with YMC 18.60.080.
(3) Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this code or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in YMC 18.20.070.
(4) If the violation is not corrected in accordance with subsection (1) of this section, the planning secretary should forward this information to the authorized representative of the city of Yoncalla who will issue a citation. The term “authorized representative” means any or all of the following: Yoncalla’s city recorder, public works director, code enforcement officer or other city staff person(s) designated by the city council. (Ord. 429 §1(1.5.060), 2018).
18.20.070 Penalties and remedies.
In addition to penalties provided by state law, a person who violates or fails to comply with a provision of this code shall be subject to a fine set by city council resolution. Violations of this code may also be deemed to constitute a nuisance that may be abated by appropriate proceedings. Any person who violates this ordinance or fails to comply with any of its requirements shall be responsible for all costs and expenses involved in resolving the violation. Nothing herein contained shall prevent the city of Yoncalla from taking such other lawful action as is necessary to prevent or remedy any violation.
Any such violation(s) mentioned above shall be offense(s) against the city, and any person(s) committing such violation(s) shall, upon conviction, be punished by a fine not to exceed $500.00 for each offense, and each day any violation continues may constitute a separate offense. Conviction of a violation shall not give rise to any disability or legal disadvantages based on conviction of a crime. If the offender fails to pay this penalty within 10 days after conviction for a violation, the penalty may be recovered by the city in a civil action in the nature of debt. A civil penalty may not be appealed if the offender was sent a written notice of violation in accordance with YMC 18.20.060 and did not file an appeal (as provided by YMC 18.60.080) within the prescribed time. (Ord. 429 §1(1.5.070), 2018).
18.20.080 Permit revocation.
(1) Planning clearance for variances, conditional use permits, sign permits, fence permits and all other permits regulated by this code (hereinafter called “permits”) may be revoked by the permit-issuing authority if the permit recipient fails to develop or maintain the property in accordance with the plans submitted or in accordance with the requirements of this code or any additional requirements or conditions lawfully imposed by the planning commission or city council.
(2) Before a permit may be revoked, the planning secretary shall give the permit recipient 10 days of notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his/her right to obtain a hearing before the planning commission on the allegations. If a hearing is requested, notice shall be given in accordance with YMC 18.60.080.
(a) The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (1) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party; and
(b) A motion to revoke a permit shall include a statement of the specific reasons or findings of fact that support the motion. The permit-issuing authority conducting the hearing shall provide to the permittee a written statement of the decision and the reasons therefor.
(c) No person may continue to make use of land or buildings in the manner authorized by permit after such permit has been revoked in accordance with this section. (Ord. 429 §1(1.5.080), 2018).
