Yoncalla City Zoning Code

(a) Where the application is for a modification of any provision of Chapters 18.50 and 18.55 YMC, unusual topographic conditions or previous layout of the subdivision area or neighboring area reasonably require such modification and such modification will not be substantially injurious to the best use and value of property in the neighboring area; or

(b) Where the application is for a modification of any provision of Chapter 18.65 or 18.80 YMC, the purpose of such provision has been fulfilled without a strict application thereof, and the interest of the public in efficient transaction of public business will best be served by such modification. (Ord. 429 §1(4.6.030), 2018).

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

(b) Site alterations, such as grading, filling, or clearing of land, prior to submission of the plans for development shall be a violation of this code.

(c) The requirements of this code apply to the person undertaking a development or the owner of such development and to those persons’ successors in interest. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance, or regulation in compliance with all of the terms of this code.

Table 18.60.010 provides a key for determining the review procedure and the decision-making body for particular approvals.

(a) Type I Procedure (Staff Review – Zoning Checklist). Type I decisions are made by the city’s planning secretary, 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);

(b) Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by the planning secretary, with public notice and an opportunity for appeal to the planning commission. Alternatively the planning secretary may refer a Type II application to the planning commission for its review and decision in a public meeting;

(c) Type III Procedure (Quasi-Judicial Review – Public Hearing). Type III decisions are made by the planning commission after a public hearing, with an opportunity for appeal to the city council; or in the case of a quasi-judicial zone change (e.g., a change in zoning on one property to comply with the comprehensive plan), a Type III decision is made by the city council on recommendation of the planning commission]. Quasi-judicial decisions involve discretion but implement established policy.

(d) Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the planning commission, who makes a recommendation to the city council. City council makes the final decision on a legislative proposal through the enactment of an ordinance.

(a) Include the information requested on the application form;

(b) Address the criteria in sufficient detail for review and action; and

(c) Be filed with the required fee. (Ord. 429 §1(4.1.020(B)), 2018).

(a) A completed application form and the appropriate filing fee;

(b) Proof that the property affected by the application is in the exclusive ownership of the applicant(s) or that the applicant has the consent of all parties in ownership of the affected property;

(c) Legal description and (if applicable) street address of the property affected by the application;

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

(a) Notice of the Type II application shall be given by mailing of written notice, not less than 20 days prior to the decision, to all owners of record of real property, any portion of which is located within 200 feet of the boundaries of the property that is the subject of the matter to be heard. For this purpose, the names and addresses of the owners as they are shown in the records of the Douglas County Assessor shall be used.

(b) Notice shall be given to the applicant or permittee and any other person who makes a written request for notice, by mailing to such persons written notice not later than 20 days in advance of the decision.

(c) If a proposed zoning map amendment (rezoning) (i) has been initiated by the planning commission or city council, (ii) is declared by the city council to be a major reclassification, or (iii) a legislative amendment which limits or prohibits land uses previously allowed in the subject zone, individual written notices shall be mailed to all affected property owners consistent with requirements of Measure 56.

(d) The notice of application shall contain 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 (e.g., 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 decision to the city council pursuant to YMC 18.60.080. (Ord. 429 §1(4.1.030(B)), 2018).

(a) A person intending to file an appeal of an administrative decision shall promptly request written notice of said decision from the planning secretary. The appellant shall, within 10 days from the date the decision was mailed, file written notice of the appeal with the city recorder, accompanied by the established appeal fee set by city council resolution. The notice of appeal shall set forth the specific grounds for the appeal.

(b) If an appeal is not filed within the 10-day period, the decision of the planning secretary shall be final and binding on all parties concerned. If an appeal is filed, the city recorder shall transmit to the planning commission the notice of appeal, the decision and findings of the planning secretary at its next regular meeting. The commission shall receive a report and recommendation thereon from the planning secretary.

(c) The planning commission shall hold a hearing on the appeal within 30 days from the time the appeal is filed. The planning commission may continue the hearing for good cause. Following the hearing, the planning commission may affirm, reverse, or modify the decision of the planning secretary.

(d) The planning commission shall conduct a de novo review of the application record. Such review shall be limited to specific issues raised by the notice of appeal. New or additional evidence can only be considered on a showing that a consideration of the new evidence is required by the public interest or that the evidence could not have been offered in the exercise of due diligence.

(e) Upon review the planning commission may by order affirm, reverse, modify, or remand in whole or part a determination or requirement of the decision that is under review. When the hearing body modifies or renders a decision that reverses a decision under appeal, the hearing body shall set forth its findings of fact in writing and state its reasons for taking the action encompassed in the order. When the hearing body remands the matter for further consideration, it shall include a statement explaining the error that materially affected the outcome of the original decision and the action necessary to rectify it.

(a) The following have legal standing to appeal a Type II administrative decision:

(a) A completed application form and the appropriate filing fee.

(b) Proof that the property affected by the application is in the exclusive ownership of the applicant(s) or that the applicant has the consent of all parties in ownership of the affected property.

(c) Legal description and (if applicable) street address of the property affected by the application.

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

(a) The initial hearing on an application shall be held no sooner than 30 days from the date that the application is deemed complete.

(b) All hearings shall be open to the public and other persons interested in the outcome of the matter being heard. Opportunity shall be given to present evidence and arguments, and to ask questions or object to evidence in the record.

(c) All of the documents or evidence relied upon by an applicant must be submitted to the city and made available to the public for review at least 10 days in advance of the hearing date. The staff report to be used at the hearing must be available to the public at least seven days in advance of the hearing. The city may charge a reasonable fee for photocopies of the staff report, documents, and other evidence.

(a) Notice shall be published in a newspaper of general circulation in the county at least 10 days prior to the date of the hearing.

(b) Notice shall be given by mailing of written notice not less than 20 days prior to the date of hearing to all owners of record of real property, any portion of which is located within 250 feet of the boundaries of the property that is the subject of the matter to be heard. For this purpose, the names and addresses of the owners as they are shown in the records of the Douglas County assessor shall be used.

(c) Notice shall be given to the applicant, permittee or appellant and any other person who makes a written request for notice, by mailing to such persons written notice not later than 20 days in advance of the hearing.

(d) Manufactured home park tenants shall be noticed in writing at least 20 days but not more than 40 days prior to the hearing date for a proposed rezone of the park within which they reside.

(e) The notice of hearing shall contain the following information:

(f) Failure of a person to receive the properly prepared notice prescribed in this section shall not impair the validity of the hearing.

(a) Prior to opening of the hearing, the chairperson shall determine that the requirements for open meetings are met. The chairperson shall also explain the hearing procedures to the audience, including the order in which testimony will be taken.

(b) All members of the planning commission or city council shall disclose any significant prehearing or ex parte communications concerning any matter set for public hearing. This disclosure shall take place at the commencement of the public hearing and shall not invalidate a decision or action if the member(s):

(c) If the member(s) disclosing an ex parte contact decides the communication has impaired impartiality in the decision-making process, the member(s) shall abstain from participation and voting on the matter. For the purpose of forming a quorum the abstaining member shall be counted.

(d) The chairperson shall then open the public hearing. The chairperson shall ask the decision-makers to declare any ex parte contacts or conflicts of interest if any may exist. At the beginning of the hearing, the chairperson shall identify the applicable criteria that will be used in the decision-making process and explain that the testimony and evidence presented in the hearing must be directed to the applicable criteria. It shall also be explained that failure to raise an issue with sufficient specificity to afford the decision-making body and the party an opportunity to respond to the issue will preclude raising the issue on appeal to the Land Use Board of Appeals (LUBA).

(e) During the hearing, the decision-making body may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay. Testimony on appeals may be limited to those persons having “standing” or otherwise having participated in the hearings held prior to the initial decision.

(f) The hearing may be continued until a subsequent meeting and the decision-making body may keep the hearing open to take additional information, or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered, up to the point that a final decision is made. Upon recessing, the time and date the hearing is to be resumed shall be announced. No further notice of a recessed or continued hearing need be published unless otherwise required.

(a) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the planning commission or city council, the applicant may agree to modify his application, including the plans and specifications submitted. The agreed-upon modifications shall be set down in writing at the time of the hearing.

(b) When modifications are so substantial or extensive that the decision-making body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans, they shall be submitted to the decision-making body prior to a final decision before it. The commission or city council may conditionally approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed-upon changes are submitted to the planning secretary.

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

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

(c) Any participant in a hearing may request a continuance of the planning commission decision process prior to the conclusion of the initial hearing. The request must be granted, either by continuing the hearing or by holding the record open. The continuance shall be handled in accordance with the requirements of ORS 197.763.

(d) All decisions made by the planning commission or city council regarding an application or appeal or revocation of a permit shall be written, signed by the chair, and mailed to the applicant or appellant and all other persons who make a written request for a copy. A registry of all land use decisions shall be kept on file, regardless of whether or not the holding of a public hearing is required.

(e) In addition to the written decision described in subsection (5)(d) of this section, a statement of the findings and conclusions utilized in the decision-making process, as well as supporting reasons or facts, shall be prepared whenever a land use decision involves discretionary action by the planning commission or city council. These “findings of fact” shall be made available to the public; however, a reasonable fee may be charged for photocopies of these documents. (Ord. 429 §1(4.1.040(B)), 2018).

(a) Written notice of an appeal shall be filed with the city recorder accompanied by the established appeal fee set by city council resolution. The notice of appeal shall set forth the specific grounds for the appeal, including a concise statement of the grounds upon which the appellant claims the action appealed from was erroneous.

(b) If an appeal is not filed within the 20-day period, the decision of the planning commission shall be final and binding on all parties concerned. If an appeal is filed, the city recorder shall transmit to the city council the notice of appeal, the decision and findings of the planning commission, and the record of the planning commission proceedings.

(c) The city council shall hold a hearing on the appeal within 30 days from the time the appeal is filed. The city council may continue the hearing for good cause. Following the hearing, the city council may affirm, reverse, or modify the decision of the planning commission.

(d) The city council shall conduct a de novo review of the planning commission record. Such review shall be limited to specific issues raised by the notice of appeal. New or additional evidence can only be considered on a showing that a consideration of the new evidence is required by the public interest or that the evidence could not have been offered at the planning commission hearing in the exercise of due diligence.

(e) Upon review at a public hearing, the city council may by order affirm, reverse, modify, or remand in whole or part a determination or requirement of the decision that is under review. When the hearing body modifies or renders a decision that reverses a decision under appeal, the hearing body shall set forth its findings of fact in writing and state its reasons for taking the action encompassed in the order. When the hearing body remands the matter for further consideration, it shall include a statement explaining the error that materially affected the outcome of the original decision and the action necessary to rectify it.

(c) If, on the appeal, the city council does not take a final action on any application for a permit or zone change within the 120 days described in YMC 18.60.200, the applicant may file for a writ of mandamus with the county circuit court. The writ shall be issued unless the council can show that approval will violate the comprehensive plan or its implementing regulations. (Ord. 429 §1(4.1.040(D)), 2018).

(a) The information requested on the application form;

(b) A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

(c) The required fee, except when the city of Yoncalla initiates the request;

(d) One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards; and

(e) Evidence of neighborhood contact, pursuant to YMC 18.60.210. (Ord. 429 §1(4.1.050(B)), 2018).

(a) Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one comprehensive plan land use designation to another). See also ORS 227.186 for instructions;

(b) Any affected governmental agency;

(c) Any person who requests notice in writing; and

(d) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

(a) The time periods set forth in this subsection (1) may be extended for a reasonable period of time at the request of the applicant.

(b) The 120-day time period set forth in this subsection (1) does not apply to amendments of the comprehensive plan or development code which have been forwarded to the Department of Land Conservation and Development pursuant to ORS 197.610.

(c) If the city does not take final action on an application which is subject to the requirements of this subsection (1) within the 120-day time period, set forth in this subsection, after the application was deemed complete, the applicant may apply in the Douglas County circuit court for a writ of mandamus to compel the city to either approve the application or show good cause why the city has not taken final action.

(a) Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.

(b) Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract within one calendar year.

(c) Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).

(a) Until such approval is obtained; and

(b) The final plat of the subdivision has been acknowledged and recorded with the recording officer of the county. No person shall negotiate to sell any lot in a subdivision until a tentative subdivision plan has been approved.

(a) Is in substantial conformance to the comprehensive plan; and that it

(b) Meets appropriate requirements of this code, including applicable zoning ordinances and regulations; and that

(c) There are adequate provisions for transportation, water supply, sewerage, drainage, education, recreation or other needs; and

(d) The location, size, design, and operating characteristics of the proposed development will be compatible with and will not adversely affect the liability or appropriate development of abutting properties and surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of public utilities; to the harmful effect, if any, upon desirable neighborhood character; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impact of the development.

(a) An accurate map describing the boundaries of all contiguous land within which lots less than five acres in size or less than 300 feet in width at any point will be created by the finished plat; provided, that the planning commission may authorize the exclusion of any such land where it determines that such exclusion will be in accordance with the purposes of this title;

(b) The date, north point and scale of the drawing and a sufficient description to define the location and boundaries of the subdivision area;

(c) The names and addresses of the owner, subdivider and surveyor;

(d) The location, name and present width of all streets and alleys;

(e) The location of existing and proposed right-of-way lines for existing or projected streets as shown on the master road plan;

(f) The width and location of all easements for drainage or public utilities;

(g) The dimensions and lot lines of all lots;

(h) The existing use or uses of the property, including the location of all existing structures to remain on the property. (Ord. 429 §1(4.5.040(F)), 2018).

(a) The final plat conforms in all respects to the platting laws of the state, and to the requirements of this title; and that

(b) Either:

(c) The finished plat is accompanied by five accurate copies thereof; and that

(d) Assessments with respect to the subdivision area have been paid, or a segregation of assessments has been applied for and granted.

(e) That no more than one year will pass between the approval of the preliminary plat and recording of the final plat. One one-year extension to this deadline may be granted by the planning commission. The extension must be requested prior to the expiration date.

(a) A vicinity location map locating the subdivision area in the city and showing its relationship to the surrounding area;

(b) The proposed name of the proposed subdivision area, which shall conform to the standards set forth in ORS 92.090;

(c) The date, north point and scale of the drawing and a sufficient description to define the location and boundaries of the proposed subdivision area, and the names of all recorded plats of land contiguous to such area;

(d) The names and addresses of the owner and surveyor;

(e) The location of existing and proposed right-of-way lines for existing projected streets as shown on the master road plan;

(f) The locations, names, widths, and typical improvement cross-sections of all streets, existing or proposed to be created, and the grades of existing streets, and the estimated finished grades of streets proposed to be created;

(g) The elevations of all points used to determine contours shall be indicated in the preliminary plan and said points shall be given to true elevation above mean sea level as determined by the county surveyor. The base data used shall be clearly indicated and shall be compatible to city datum, if benchmarks are not adjacent. The following intervals are required:

(h) The approximate radii of all curves;

(i) The approximate dimensions of all proposed lots;

(j) The existing and proposed uses of all property, including the source;

(k) The approximate location of areas subject to inundation or storm water overflow, and all areas covered by water and the location, width, and direction of flow of all watercourses;

(l) The approximate width and location of all existing and proposed easements for public utilities, and all reserve strips proposed to satisfy requirements which may be imposed by the planning commission under YMC 18.56.160 through 18.56.380;

(m) The domestic and fire protection water system proposed to be installed, including the source, quality and quantity of water if from other than a public water supply;

(n) All proposals for sewage disposal and storm drainage disposal, flood controls, and easements or deeds for utilities and drainage land, including profiles of proposed drainage ways;

(o) All public area proposed to be dedicated by the subdivider and the proposed uses thereof;

(p) All improvements proposed to be made or installed, and the time within which such improvements are proposed to be completed;

(q) A legal description of the boundaries of the entire tract owned by the subdivider of which the proposed subdivision area is a part; provided, that where the proposed subdivision area comprises all of such tract an affidavit of such fact shall accompany the preliminary plat. (Ord. 429 §1(4.5.050(B)), 2018).

(a) Submission of Exact Copy. At the same time of submission of the final plat, an exact copy shall be submitted which is made with black drawing ink or photocopy, or reproduced by a process guaranteeing a permanent record in black upon a good-quality lined tracing cloth, or with a suitable black acetate base ink on a polyester base film coated upon completion with a suitable material to prevent flaking and to assure permanent legibility to the same scale and degree of legibility as the plat. The surveyor who made the plat shall make an affidavit to indicate that the cloth or film copy is an exact copy of the plat.

(b) Traverse Computation Sheets. The licensed land surveyor signing the surveyor’s affidavit on the final plat shall submit traverse computation sheets for the use of the Douglas County surveyor in checking the final plat, which sheets shall include the calculation of each course and distance by latitude and departure of all the boundary lines and of all lot lines in the subdivision area, and for all boundaries and all lots in the final plat which are not completely rectangular in shape. Each course and distance shall be tabulated on the traverse computation sheet in the proper order to show the closure limits of each area, and rectangular coordinates of every angle point shall be extended and shown from a single meridian and from a single point of origin.

(c) Deed Restrictions. A copy of all protective deed restrictions proposed for the subdivision area shall accompany the final plat. (Ord. 429 §1(4.5.050(F)), 2018).

(a) An accurate map describing the boundaries of all contiguous land in which lots less than five acres in size or less than 300 feet in width at any point will be created by the final plat; provided, that the planning commission may authorize the exclusion of any such land where it determines any such exclusion will be in accordance with the purpose of this title;

(b) The length of all chords, radii, points of curvature, and tangent bearings;

(c) The lot lines of all lots within the subdivision area, with dimensions in feet and hundredths of feet and with all bearings shown;

(d) Numbers designating each block and lot, lots in each block to be numbered consecutively;

(e) Where the plat is an addition to a plat previously recorded, numbers of blocks and lots in consecutive continuation from such previous plat;

(f) The description and location of all permanent reference monuments;

(g) An affidavit of a surveyor, who is an Oregon registered engineer or Oregon licensed land surveyor, and who surveyed the subdivision area, conforming to the requirements of ORS 92.070;

(h) The date, north point, and scale of the drawing, and a sufficient description to define the location and boundaries of the subdivision area;

(i) The locations, names and widths of all streets, existing or being created;

(j) The width and location of all existing easements for public utilities, and such easements being created, and also all reserve strips required by the planning commission under YMC 18.50.020(4);

(k) A designation of all areas covered by water, and the location, width, and direction of flow of all watercourses;

(l) A designation of all area being dedicated by the subdivider, including its proposed use, and an effective written dedication thereof. (Ord. 429 §1(4.5.050(G)), 2018).

(a) The final plat conforms in all respects to the platting laws of the state, and to the requirements of this title; and that

(b) Either:

(c) The finished plat is accompanied by five accurate copies thereof; and that

(d) Assessments with respect to the subdivision area have been paid, or a segregation of assessments has been applied for and granted.

(e) That no more than three years will pass between the approval of the preliminary subdivision and recording of the final plat.

(f) Streets and alleys are dedicated to the public use without any reservation or restriction whatever; and that

(g) All taxes and assessments with respect to the subdivision area have been paid.

(a) Parcel Creation. No additional parcel or lot is created by the lot line adjustment;

(b) Lot Standards. All lots and parcels conform to the applicable lot standards of the zoning district (Division II) including lot area, dimensions, setbacks, and coverage.

(c) Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 18.56 YMC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.

(a) Both properties are lawfully established units of land, or the consolidation is intended to rectify previous unlawful establishment of units of land;

(b) The resulting number of parcels will be less than the existing number;

(c) All affected properties would comply with the minimum lot depth, width and area standards of the applicable zone after the proposed consolidation;

(d) Existing structures on any affected property would comply with the minimum and maximum setback standards of the applicable zone after the proposed consolidation; and

(e) If the resulting aggregation of affected properties is eligible for additional development under existing zoning, the proposed consolidation will not: