City of Yachats Land Use Information Sheet Index Yachats Municipal Code

PLAN AND ZONE MAP AMENDMENTS

Comprehensive plan and zone map amendments require consideration in public hearings by both the Planning Commission and City Council. The City council is the final decision making body.

The application must address the following criteria. These standards shall be used by both Commission and Council in reaching a decision.

• The change is in accord with the Land Use Plan for the area, and
• There has either been a substantial change in the character of the area since zoning adopted, which warrants changing the zone; or, the zoning adopted for the area was in error.
• If the proposed change is not in accord with the Land Use Plan for the area the Planning Commission and the City Council shall seek to determine that alteration of the plan can be justified on the basis that there has been a substantial change in the character of the area since the plan was adopted which warrants a change in the plan, or that the plan adopted for the area was in error.

It is the responsibility of the applicant to address these criteria in the application. An application that does not address the criteria will be deemed incomplete. If an application is incomplete the City shall notify the applicant of the additional information required within 30 days of the receipt of the application. The applicant shall be given an opportunity to submit additional information. Refusal by the applicant to submit the required information shall deem the application complete on the 45th day after the governing body first received the application.

The fee is $500.00 and must accompany the application.

APPLICATION PROCEDURE

• Once an applicant submits to the City Recorder a complete application and fee the request is placed on the agenda of the earliest practical meeting of the Planning Commission.
• Written notices are sent to all property owners within 250 feet of the subject property informing them of the nature of the application and the time and place of the hearing. Notices are also posted in three locations in the City and published in a newspaper of general circulation in the County.
• The staff report is prepared which details the request and evaluates it against the criteria as listed above.

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• At the meeting of the Planning Commission the staff report is presented and the Commission hears testimony (oral and/or written) from proponents and opponents of the request. Upon conclusion of the hearing, the planning Commission deliberates and reaches a decision on the request. That decision comes in the form of a recommendation for approval or denial. The application is then forwarded to the City Council for their consideration.
• The hearing date for City Council is set. Within forty (40) days of the Planning Commission hearing a report is provided to the City Council regarding the recommendations of the Commission and the consistency of the proposed amendment with the standards in the Land Use Plan.
• Written notices are sent to all property owners within 250 feet of the subject property informing them of the nature of the application and the time and place of the hearing. Notices are also posted in three locations in the City and published in a newspaper of general circulation in the County.
• At the conclusion of the public hearing, the City Council may approve, deny, or remand back to the Planning Commission for reconsideration the proposed amendment.

Notes:

• The city shall take final action on an application for a zone change request within 120 days after the application is deemed complete. This 120 day period may extended for a reasonable period of time at the request of the applicant.
• The Planning Commission or City Council may continue a hearing in order to obtain additional information or to serve further notice upon other property owners it decides may be interested in the proposal being considered. Upon continuing the hearing, the time and date when the hearing is to be resumed shall be announced.
• Unless there is continuance, if a participant so requests before the conclusion of the first evidentiary hearing on a land use action, the record shall remain open for a least seven days after the hearing. Whenever the record of a land use hearing is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony, or criteria for decision- making which apply to the matter at issue. This extension of time shall not be counted as part of the 120 day time limit.

To review the Code see Section 9.84

Land Use Application Form

City of Yachats Land Use Information Sheet Index Yachats Municipal Code