Chapter 18.185 ADMINISTRATION AND ENFORCEMENT

The purpose of this chapter and Chapters 18.190 and 18.195 MCMC is to establish procedures for approval of development required by this title, appeals from aggrieved persons and parties, and review of any decision by a higher authority. [Ord. 508 § 9.01.0, 1982].

18.185.020 Review process.

An application for development required by the city of Myrtle Creek shall be processed by quasi-judicial public hearing or administrative action, pursuant to applicable sections of this title. Quasi-judicial hearings shall be held on all applications for a permit or approval required by these regulations; provided, that hearings shall not be held in those matters the city administrator has authority to act upon, unless appealed or referred pursuant to the provisions of this chapter and Chapters 18.190 and 18.195 MCMC. [Ord. 508 § 9.01.1, 1982].

18.185.030 Scope and compliance.

This chapter sets forth the procedures required for obtaining development approvals and certificates of occupancy. The powers and duties of city officials and boards are specified herein insofar as administration of this title is concerned. Actions initiated under this title shall be consistent with the adopted comprehensive plan of the city of Myrtle Creek and with applicable state and federal laws and regulations as these plans, laws and regulations may now or hereafter provide.

The city administrator shall be responsible for the coordination of a development application and decision-making procedures and shall approve developments when proper application is made and the proposed development is in compliance with the provisions of this title. Before approving any development, the city administrator shall be provided with information by the applicant sufficient to establish full compliance with the requirements of this title.

(1) 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 the ordinance codified in this title except as this title permits.

(2) Site alterations, regrading, filling, or clearing of land prior to submission of the plans for development shall be a violation of this title.

(3) No lot area, yard, or other open space or off-street parking or loading area which is required by this title for one use shall be used as a required lot area, yard or other open space or off-street parking or loading area for another use, except as allowed by MCMC 18.90.050(1).

(4) The requirements of this title apply to the person undertaking a development or the user of a development and to the person’s 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 title. [Ord. 508 § 9.01.2, 1982].

18.185.040 Who may apply.

(1) An application for development approval may be initiated by one or more of the following:

(a) The owner(s) of the property which is the subject of the application; or

(b) The purchaser(s) of such property who submits a duly executed written land sales contract or copy thereof which has been recorded with the Douglas County clerk; or

(d) A person or entity authorized by resolution of the city council.

Any of the above may be represented by an agent who submits written authorization by his principal to make such application.

(2) If an applicant submits a letter of withdrawal of an application, the application shall be terminated, the application withdrawn and the file closed without a decision, with no opportunity for refund of the application fee. [Ord. 508 § 9.01.3, 1982].

18.185.050 Preapplication conference.

An applicant shall meet with a planning department staff person in a preapplication conference prior to submitting a request for development approval. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of this title, provide for an exchange of information regarding applicable elements of the comprehensive plan and development requirements, arrange such technical and design assistance as will aid the applicant, and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development. [Ord. 508 § 9.01.4, 1982].

18.185.060 Duties of the planning department.

The planning department shall receive, examine and process all applications for development as required by this title and shall:

(1) Review and evaluate all site plans to establish compliance with the provisions of this title; prepare staff reports for development applications requiring submission to the planning commission or city council; and issue certificates of plan check as directed by the authorizing body.

(2) Receive and process all applications for land use actions in accordance with the processing procedures of MCMC 18.185.150 and 18.185.160.

(3) Record and file 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. [Ord. 508 § 9.06.0, 1982].

18.185.070 Building official duties and powers.

(1) Receive, examine and process all applications for building permits.

(2) Issue building permits only where there is compliance with the provisions of this title. Permits for construction of uses requiring a variance, conditional use permit, temporary permit or certificate of plan check shall be issued only upon order of the city administrator, planning commission or city council, as applicable.

(3) Conduct inspections and surveys to determine compliance or noncompliance with the terms of this title.

(4) Revoke, by writing, a permit or approval issued contrary to this title or based on a false statement or misrepresentation in the application.

(5) Stop, by written order, work being done contrary to the building code or to this title. Such written order, posted on the premises involved, shall not be removed except by order of the building official. Removal without such order shall constitute a violation of this title.

(6) Institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure or land; or prevent any illegal act, conduct, business or use in or about such premises.

(7) Record and file all applications for permits with accompanying plans and documents. All applications, plans, and documents shall be a public record. [Ord. 508 § 9.07.0, 1982].

18.185.080 City public works director duties and powers.

The city public works director is charged with the administration and enforcement of public facility construction standards and flood hazard and slope hazard area protection requirements as specified herein. The city public works director shall coordinate all plans for construction to ensure application of engineering principles. [Ord. 508 § 9.08.0, 1982].

18.185.090 City administrator duties and powers.

The city administrator shall coordinate the administration of this title with other city, state or federal laws and regulations as these plans, laws and regulations may now or hereafter provide. Additional duties of the city administrator shall be specified in other parts of this title. In addition, the administrator shall be expected to seek the fulfillment of the provisions of this title, both general and specific, and shall be called upon to interpret the provisions of this title including interpretations of the various uses in any district not expressly mentioned in this title. However, an interpretation which would result in any identifiable loss of protection or which would increase the nuisance potential of any use should not be made by an administrator but should only be made when the party interpreting this title has the power to impose additional restrictions or conditions. [Ord. 508 § 9.09.0, 1982].

18.185.100 Duties of the planning commission.

(1) The planning commission shall conduct public hearings and review and decide on all quasi-judicial applications and administrative applications appealed to the commission, and make a recommendation to the city council as provided by this title.

(2) The planning commission shall study and report on all proposed amendments to the text or map of this title referred to it by the city council or upon receipt of a petition.

(3) The planning commission shall review this title and report on the same to the city council at least once every five years, commencing on the date of enactment of the ordinance codified in this title. 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 districts created by this title;

(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 Myrtle Creek for residential, industrial, commercial and other land uses; and

(c) Analyze the continued validity of any other regulations imposed by this title in terms of changed conditions since the last review of the same. [Ord. 508 § 9.10.0, 1982].

18.185.110 City council.

This is the legal ruling body of the city of Myrtle Creek and, as such, the only one which can adopt or amend ordinances, including the ordinance codified in this title. Therefore, it shall be the city council which hears and passes on initiations for amendments and zone changes. This body shall also appoint the planning commission members and the city administrator, if any, and shall hear and decide on appeals. [Ord. 508 § 9.11.0, 1982].

18.185.120 City attorney.

The city attorney shall be the official to seek redress for the city for any violations of this title. [Ord. 508 § 9.12.0, 1982].

18.185.130 Forms of petitions, applications and appeals.

Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the city. Applications shall contain the information described in MCMC 18.185.140 and shall be accompanied by plans and specifications, drawn to scale, showing the actual dimensions of the lot to be built upon, the size and locations on the lot of existing and proposed structures, the intended use of each structure, the number of families, if any, to be accommodated thereon, the relationship of the property to the existing area and such other information as is needed to determine conformance with this title.

Any land use applications, plan reviews, development permits, public hearings or other proceedings required by this title may be consolidated to allow at one time for all such required development permits. [Ord. 508 § 9.02.0, 1982].

18.185.140 Information to be submitted with application.

An application for development shall consist of the following information, as applicable, plus any other materials that may be required by additional provisions of this title because of the unique type of development proposed or the area involved.

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

(2) Proof that the applicant is the exclusive owner, or that the applicant has the consent of all parties in ownership of the affected property.

(3) Legal description and street address of the property affected by the application.

(4) 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 ordinance 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 first sheet of each set of plans shall give the name and address of the property owner, the name and address of the person, engineer or surveyor who prepared the plans, the scale to which the plan is drawn, the north point and the date prepared;

(b) The property boundary lines and individual lot lines indicating total acreage and square footage of individual lots;

(c) A vicinity map, where appropriate, showing adjacent land and how proposed streets and utilities may be extended to connect to existing streets and utilities;

(d) The location, width and name of all existing streets, railroads and utility rights-of-way or easements;

(e) The location of existing sewers, water mains, fire hydrants, culverts and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location;

(f) The location and use of existing and proposed buildings or structures and exterior dimensions where appropriate;

(g) The location of landscaping, fences (indicating height and material), buffer areas, common property or required open spaces;

(h) The location, size, type and illumination of existing and proposed signs;

(i) The location, size and surface treatment of all existing and proposed driveways and pedestrian entrances and exits; the location, total number and dimensions of off-street parking spaces and loading areas; and the drainage plan for all paved surfaces;

(j) The location of areas subject to flooding as defined in Chapter 18.70 MCMC, special flood hazard area; the location of any outstanding natural features; and the topography of the property, existing and proposed, showing the grades, elevations and character of the site as they relate to the improvements and to the adjacent area. Where site topographic surveys are required, they shall be prepared with two-foot contour intervals for slopes of less than five percent, with five-foot contour intervals for slopes of five percent to 15 percent, and with 10-foot contour intervals for slopes of 15 percent and above, or as is otherwise approved by the city engineer;

(k) Where appropriate, architectural perspectives, layout and elevation drawings of proposed structures shall be drawn without exaggeration, except where noted, including locations, area and design of signs and landscaping. The location and description of mechanical roof facilities shall also be shown if subject property is so oriented as to become part of the view from adjacent properties; and

(l) If the application relates to property scheduled for phased development, the proposed layout of the total projected development shall be indicated and each phase’s projected scope and time period indicated to the extent possible. [Ord. 508 § 9.02.1, 1982].

18.185.150 Processing procedures.

All projects involving the erection of a new building or structure or the enlargement or intensification of use of any existing building or structure shall be reviewed for compliance with this title and the comprehensive plan prior to issuance of a building permit, placement permit, or certificate of plan check. Except where planning commission or city council approval is required for applications involving a public hearing or where it is necessary for an application to be considered by a body having the power to impose additional conditions or restrictions, the city administrator may approve an application for development. Decisions of the city administrator may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council in accordance with the procedures set forth in Chapter 18.190 MCMC. Applications shall be processed as follows:

(1) Certificate of Occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy as required by the building code.

(a) No certificate of occupancy shall be issued until the premises in question have been inspected, subsequent to issuance of a building permit, to verify compliance with the requirements of the building code and this title.

(2) Site Review. No structure shall be erected, constructed, reconstructed, extended or moved and no land or building shall be occupied or used in whole or in part for any use whatsoever until the owner, tenants, contract purchaser, or authorized agent thereof has received verification that the building or use complies with all zoning requirements.

At the time of the erection of any new commercial, industrial, or public/semi-public building, or any new multifamily residential development of three dwelling units or more, or at the time of the substantial improvement of more than 50 percent of the gross floor area or more than 3,000 square feet of increased parking area, whichever is greater, of any existing building, a site review shall be conducted. All site plans shall be evaluated subject to the procedures, standards and limitations set forth in Chapter 18.150 MCMC. All required applications and accompanying site plans shall be reviewed by the city administrator or the city administrator’s designee and, when applicable, by the planning commission. A certificate of plan check shall be issued by the planning/engineering department upon order of the city administrator or the city administrator’s designee, planning commission or city council as authorized by the various provisions of this title.

(3) Variance. An application for a variance to the specified provisions of this title shall be made following the procedure detailed in Chapter 18.165 MCMC.

(4) Conditional Use or Temporary Use Permit. An application for any conditional use permit or temporary use permit required by this title shall be made following the procedures detailed in Chapters 18.170 and 18.175 MCMC.

(5) Amendments. Amendments to either the text or maps of this title shall be made following the procedures detailed in Chapter 18.180 MCMC.

(a) All map amendments shall be consistent with the applicable statewide planning goals, state statutes and administrative rules, and the goals and policies of the city of Myrtle Creek comprehensive plan; and

(b) A petition for an amendment to the text of this title may be submitted to the planning commission by any interested party. The petition shall state in particular the chapter, section, subsection and paragraph sought to be amended. The petition shall contain the language of the proposed amendment and shall recite the reasons for such proposed change in the text. If, upon consideration of the petition, the planning commission determines that the public health, safety and welfare may best be served by the requested change in the text, the commission shall recommend the amendment to the city council for consideration. Such proposed text amendment shall be processed in accordance with the provisions of Chapter 18.180 MCMC.

(6) Final Action on Application. Except as provided for in subsections (6)(a) and (b) of this section, final action on administrative and quasi-judicial applications processed pursuant to this section, including any appeals to the city council, shall occur not later than 120 days following receipt of a complete application.

(a) The 120-day period set forth in subsection (6) of this section may be extended for a reasonable period of time at the written request of the applicant. Pursuant to the provisions of ORS 227.178, the total of all extensions on the 120-day period may not exceed 245 days.

(b) The 120-day period set forth in subsection (6) of this section does not apply to amendments of the comprehensive plan or this title which have been forwarded to the Department of Land Conservation and Development pursuant to ORS 197.610.

(7) If the city does not take final action on an application which is subject to the requirements of this section within 120 days 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 that the approval would violate the comprehensive plan or local land use regulations. [Ord. 508 § 9.03.0, 1982].

18.185.160 Land use actions.

(1) Ministerial Actions. The city administrator shall have the authority to review the following applications as ministerial actions, and shall follow the procedures provided by this title to accomplish such review:

(a) Issuance of building permits and manufactured home placement permits.

(b) Issuance of sign permits.

(2) Administrative Actions. The city administrator shall have the authority to review the following applications as administrative actions, and shall follow the procedures provided by this title to accomplish such review. The following applications shall be processed as administrative actions:

(a) Conditional use permit.

(b) Major and minor variances.

(d) Site review (when processed administratively).

(e) Temporary use permits (MCMC 18.175.030(1)).

(f) Approval of major amendments.

(3) Quasi-Judicial Actions. Within 45 days after accepting a completed application for quasi-judicial action pursuant to this section of this title, the city administrator shall act upon, or cause a hearing to be held upon, the application, unless such time limitation is extended with the consent of the applicant. The following matters shall be heard by the planning commission, pursuant to the procedures established in this chapter:

(a) Zone change.

(b) Planned unit development.

(d) Mobile home park preliminary plan review.

(e) Comprehensive plan map amendment.

(f) Review of historic structures or sites alteration or demolition (as the historic resources review committee).

(g) Site review (not reviewed by city administrator).

(h) Temporary use permits (MCMC 18.175.030(2)).

(i) Appeal of a decision by the city administrator.

(j) Matters referred to the commission by the city administrator or city council.

(k) Interpretations of this title requested by the city administrator. [Ord. 508 § 9.03.1, 1982].

18.185.170 Notice.

(1) Notice for a quasi-judicial public hearing or an administrative action shall be given to neighboring property owners by mailing of written notice not less than 20 days prior to the date of the public hearing or the date of the administrative decision to all owners of record of real property, any portion of which is located within 150 feet of the boundaries of the property that is the subject of the application or appeal. 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.

(2) Notice for a quasi-judicial public hearing or an administrative action shall be given to the applicant 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 public hearing or the date of the administrative decision.

(3) If the proposed zoning map amendment (zone change) (a) has been initiated by the planning commission or city council, and (b) is declared by the city council to be a major reclassification, the mailing of individual notice required by subsection (1) of this section is not required; however, notice of hearing shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing. Additional means of informing the public, as may be specified by the council, shall be observed.

(4) Notice shall be given to affected neighborhood or community organizations.

(5) Notice of applications within the urban growth area shall be given to the Douglas County planning department.

(6) If the proposed zone change includes all or part of a mobile home or manufactured dwelling park, written notice shall be given by first class mail to each existing mailing address for tenants of the mobile home or manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the application. Applicant shall be required to pay for mailing costs.

(7) To maintain a process for coordinated review of future land use decisions affecting transportation facilities, corridors and sites, the city shall provide notice to ODOT when the following applications for development have been received:

(a) Land use applications that require public hearings;

(b) Subdivision and partition applications;

(c) Developments generating more than 400 trips per day or accessing directly onto a state transportation facility. [Ord. 508 § 9.03.2, 1982].

18.185.180 Contents of notice.

(1) The notice for an administrative action shall contain the following information:

(a) The location, file number and title of the file containing the request and the date such notice was sent.

(b) The name and mailing address of the applicant.

(d) The applicable criteria from the comprehensive plan and this title which will be applied to the decision.

(e) The address and geographic location of the subject property.

(f) The deadline for filing comments on the request.

(g) A statement that issues which may provide the basis for an appeal to the Land Use Board of Appeals shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker an opportunity to respond to the issue.

(h) A statement that a copy of the application, together with all documents and evidence submitted by or on behalf of the applicant, and applicable criteria, is available for inspection at no cost in the Myrtle Creek planning department and will be provided at reasonable cost.

(i) The name and telephone number of the city representative to contact for further information.

(2) The notice of a quasi-judicial public hearing shall contain the following information:

(a) The location, file number and title of the file containing the request and the date such notice was sent.

(b) The name and mailing address of the applicant.

(d) The applicable criteria from the comprehensive plan and this title which will be applied to the decision.

(e) The address and geographic location of the subject property.

(f) The deadline for filing comments on the request.

(g) The date, time, and location of the hearing.

(h) A statement that failure of an issue to be raised in the hearing, either in person or by letter, or failure to provide statements or evidence with sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

(i) A statement that a copy of the application, together with all documents and evidence submitted by or on behalf of the applicant, and applicable criteria, is available for inspection at no cost in the Myrtle Creek planning department and will be provided at reasonable cost.

(j) A statement that a copy of the official staff report will be available for inspection at no cost in the planning department not less than seven days prior to the hearing and will be provided at reasonable cost.

(k) A general explanation of the requirements for submission of testimony and the procedure for conducting the hearing.

(l) The name and telephone number of the city representative to contact for further information.

(m) The requirements and limitations for appeal, including appeal to the Land Use Board of Appeals (LUBA). [Ord. 508 § 9.03.3, 1982].

18.185.190 Ministerial actions of the city administrator.

(1) Within 30 days after accepting an application for a ministerial action, the city administrator or the administrator’s designee shall take action on or cause a hearing to be held on the application unless such time limitation is extended with the consent of the applicant.

The city administrator or the administrator’s designee shall not accept applications which he/she deems cannot be acted upon initially in a rational manner within 30 days of receipt unless the applicant consents to a longer period for action.

(2) Within such 30-day period, the city administrator or the administrator’s designee shall issue the permit or approval, or advise the applicant that the application has been denied.

(3) Ministerial actions are effective on the date of the decision of the city administrator. [Ord. 508 § 9.03.4, 1982].

18.185.200 Administrative actions of the city administrator.

(1) Within 45 days after accepting an application for an administrative action pursuant to MCMC 18.185.160(2), the city administrator or the administrator’s designee shall take action on, or cause a hearing to be held on, the application unless such time limitation is extended with the consent of the applicant.

The city administrator or the administrator’s designee shall not accept applications which he/she deems cannot be acted upon initially in a rational manner within 45 days of receipt unless the applicant consents to a longer period for action.

(2) Within such 45-day period, the city administrator or the administrator’s designee shall:

(a) Publish or otherwise give notice pursuant to MCMC 18.185.170 and 18.185.180.

(b) Prepare findings of fact and conclusions of law.

(c) Decide to approve or deny the request. Approvals may include conditions considered necessary to assure conformance with the comprehensive plan, MCMC Title 17 and this title and applicable criteria.

(3) The notice of an administrative decision shall be filed in the records of the city administrator and also mailed to the applicant, to those persons who are entitled to notice pursuant to MCMC 18.185.170, and to others who participated in the process.

(4) The notice of an administrative decision shall contain:

(a) A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and the applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

(b) A statement that the decision will not become final until the period for filing an appeal has expired;

(c) A statement that any person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830; and

(d) Notice that any persons who are entitled to written notice (pursuant to MCMC 18.185.170) or who are adversely affected or aggrieved by the decision may appeal the decision within 12 days from the date the written notice of decision was mailed by filing a timely written statement with the city administrator.

(5) If the application does not meet the criteria or if written objections are received, or if the applicant or the city administrator so desires for any reason, the city administrator may schedule any application made under MCMC 18.185.160(2) for public hearing before the planning commission. The planning commission shall hear and decide the matter as if it were listed in MCMC 18.185.160(3). Notice of such hearing shall be provided pursuant to MCMC 18.185.170 and 18.185.180. [Ord. 508 § 9.03.5, 1982].

18.185.210 Public hearing procedures.

Before making a decision on an application requiring a public hearing or an appeal or permit revocation, the planning commission or city council, as the case may be, shall hold a public hearing on the appeal or application in accordance with the laws of the state of Oregon and the following sections. [Ord. 508 § 9.04.0, 1982].

18.185.220 Open hearing required.

(1) All hearings shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

(2) 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 20 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. [Ord. 508 § 9.04.1, 1982].

18.185.230 Establishment of party status.

(1) In order to have standing under this chapter, a person shall be recognized as a party by the presiding officer.

(a) Party status, when recognized by the presiding officer, establishes the right of the person to be heard, either orally or in writing, and to pursue a review or appeal under Chapter 18.190 MCMC.

(b) Of those who appear and are heard at the time of hearing, the presiding officer shall determine who are parties and who are witnesses only, and shall give them an opportunity, if they choose, to be heard with regard to the ruling. Persons who appear by written communication only shall be accorded the status of witnesses unless they are included among those persons entitled to notice of hearing under this title, or the written statement both asserts a position on the merits of an application and establishes the person’s status as a party to the satisfaction of the presiding officer.

(c) For any determination made by the presiding officer under this section, the approving authority may overrule the presiding officer upon motion timely made and passed.

(2) A request for establishment of party status may be made at least eight days before the date set for a quasi-judicial public hearing by any person filing a written statement regarding the application being considered. Such statement shall include:

(a) The name, address and telephone number of the person filing the statement;

(b) How the person qualifies as a party, as defined in Chapter 18.10 MCMC;

(d) Whether the person desires to appear and be heard at the hearing.

(3) Seven or more days before the date set for the first evidentiary hearing on a matter, the city administrator shall mail the applicant any statements that have been filed and the report of the city administrator.

Any person or entity who is entitled to notice may appeal a decision of the city administrator relative to an administrative action. In the conduct of a consequent hearing, the approving authority shall establish the appellant as a party or the appeal shall not be heard and the contested decision shall become final.

(4) The approving authority may authorize a person to have party status, at any time prior to the close of the hearing, if that person is otherwise a party, as defined by Chapter 18.10 MCMC.

(5) In cases where a matter has been referred back to the planning commission from the city council, only those individuals or agencies who were given party status at the first evidentiary hearing on the matter shall be allowed as parties in the matter when reheard by the commission. [Ord. 508 § 9.04.2, 1982].

18.185.240 Conduct of hearing.

(1) In the conduct of a public hearing, the planning commission shall have the authority, pursuant to the provisions of this title, to:

(a) Regulate the course, sequence and decorum of the hearing.

(b) Dispose of procedural requirements or similar matters.

(c) Determine for the record those persons who have standing in the subject matter and rule on requests for granting party status.

(d) Rule on offers of proof and relevancy of evidence and testimony.

(e) Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation, cross-examination of witnesses and rebuttal testimony.

(f) Take such other action appropriate for conduct commensurate with the nature of the hearing.

(g) Grant, deny or, in appropriate cases, attach conditions to the matter being heard.

(2) The applicant or any party wishing to subpoena witnesses to a hearing may do so by application to the city administrator. Such subpoenas shall be enforceable upon proper completion and inclusion of those fees applicable to civil cases in the Douglas County circuit court. Payment of fees and services shall be the responsibility of the party desiring such service.

(3) Order of Procedure. Unless otherwise specified, the planning commission (or approving authority) shall:

(a) At the commencement of the hearing, read a statement to those in attendance that:

(i) Lists the applicable substantive criteria;

(ii) States that testimony, evidence and arguments to be heard must be directed toward the applicable criteria in the plan or this title which the person believes to apply to the decision; and

(iii) States that failure to raise an issue accompanied by statements or evidence with sufficient specificity to afford the approving authority and the parties an opportunity to respond to the issue precludes appeal based on that issue.

(b) Announce the nature and purpose of the hearing and summarize the rules for conducting the hearing.

(i) A potential conflict of interest (any proceeding where the decision made would be to the private pecuniary benefit or detriment of the member or the member’s household except for those benefits or detriments described in ORS 244.020(12)).

(ii) A direct or substantial financial interest in the proceeding of the member or those persons or businesses described in ORS 244.135.

(iii) The inability of the member to render a fair judgment because of prejudice or prejudgment (bias).

No member shall serve on any proceeding in which such member has bias or the member (including those persons or businesses described in ORS 244.135) has a direct or substantial financial interest. If a member refuses to disqualify himself or herself for bias, or direct or substantial financial interest, the approving authority shall have the power to remove such member for that proceeding.

(d) Prior to taking any action at the hearing, all members of the planning commission shall disclose the content of any significant prehearing or ex parte contacts with regard to the matter being heard. Any party to such contact shall be given the opportunity to rebut the substance of the ex parte disclosure.

(e) Recognize parties to hearing.

(f) Request the city administrator or the city administrator’s designee to present the introductory report of the city administrator and explain any graphic or pictorial displays which are a part of the report. Request the city administrator or the city administrator’s designee to read findings and recommendations, if any, and provide such other information as may be requested by the planning commission.

(g) Allow the applicant to be heard first, on his behalf or by representative.

(h) Allow parties or witnesses in favor of the applicant’s proposal to be heard.

(i) Allow other parties or witnesses in opposition to the applicant’s proposal to be heard next in the same manner as in the case of the applicant.

(j) Upon failure of any party to appear, the planning commission may take into consideration written material submitted by such party.

(k) Allow the parties to offer rebuttal evidence and testimony, and to respond to any additional evidence. The scope and extent of rebuttal shall be determined by the chairman.

(l) Conclude the hearing.

(4) Questions may be asked at any time by members of the planning commission. Questions by the parties or city administrator may be allowed by the chairman, and questions may be submitted directly to the witnesses or parties. The witnesses or parties shall be given a reasonable amount of time to respond solely to the questions.

(5) Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearings. When the chair reopens the record 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.

(6) The planning commission may continue the hearing to a specified time to gather additional evidence or to consider the application fully, or to allow a party to respond. Unless otherwise provided by the planning commission, no additional notice need be given of continued hearings if the matter is continued to a specific date.

(7) At the conclusion of the hearing, the planning commission shall either make a decision and state findings (which may incorporate findings proposed by any party or the city administrator), or may take the matter under advisement. If a majority of the quorum fails to agree and there is no lower decision, the matter shall be deemed denied, unless the members present at the hearing vote to reschedule the deliberation. The planning commission may request proposed findings and conclusions from any party to the hearing. The planning commission, before finally adopting findings and conclusion, may circulate the same in the proposed form to the parties for written comment. All actions taken by the planning commission pursuant to adopting findings and conclusions shall be made part of the record. The decision and findings and conclusions which support the decision of the planning commission shall not be final until reduced to writing and signed by the chairman. The planning commission shall grant, deny or, in appropriate cases, attach conditions to the proposal being heard, and the city administrator shall notify by mail the parties of the decision.

(8) General Conduct of Hearing. The following rules apply to the general conduct of the hearing:

(a) No person shall be disorderly, abusive or disruptive of the orderly conduct of the hearing.

(b) No person shall testify without first receiving recognition from the approving authority and stating his full name and address.

(c) No person shall present irrelevant, immaterial or unduly repetitious testimony or evidence. Formal rules of evidence as used in courts of law shall not apply. Evidence received at any hearing shall be of the quality that reasonable persons rely upon in the conduct of their everyday affairs.

(d) Audience demonstrations such as applause, cheering and display of signs, or other conduct disruptive of the hearing, shall not be permitted. Any such conduct may be cause for immediate suspension of the hearing. [Amended during 2012 recodification; Ord. 508 § 9.04.3, 1982].

18.185.250 Official notice.

(1) The approving authority may take official notice of the following:

(a) All facts which are judicially noticeable. Judicially noticed facts shall be stated and made part of the record.

(b) The comprehensive plan and other officially adopted plans, ordinances, rules and regulations of the city of Myrtle Creek.

(2) Matters officially noticed need not be established by evidence, and may be considered by the approving authority in the determination of the application. [Ord. 508 § 9.04.4, 1982].

18.185.260 Modification of application at hearing.

(1) 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.

(2) Unless such 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 before it, the commission/council may 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 staff. [Ord. 508 § 9.04.5, 1982].

18.185.270 Record of hearing and decision.

(1) 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.

(2) 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.

(3) Any party in a hearing may request and receive approval for the record to remain open seven days after the hearing. When a request is received to reopen the record to admit new evidence, it shall be treated in accordance with procedures for an appeal and a new hearing shall be held to provide an opportunity for any party to raise new issues relating to the new evidence.

(4) The planning commission (or city council) may approve the application, deny the application, or grant approval subject to special conditions necessary to carry out the purpose and intent of this title. For all cases, the approving authority shall make a decision based on the record before it as justification for its action.

(5) The planning commission (or city council) shall make its decision upon the close of its hearing or upon continuance of the matter to a specified date.

(6) A decision made by the planning commission or city council regarding an application or appeal or revocation of a permit shall not be official until reduced to writing and mailed to the applicant and any other qualified parties. 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.

(7) The written decision described in subsection (6) of this section shall include a statement of the principal findings and conclusions utilized in the decision-making process 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 fee may be charged for photocopies in accordance with the Myrtle Creek handbook of fees and charges.

(8) The city administrator or the city administrator’s designee shall send a copy of the planning commission’s (or city council’s) final written decision to all parties to the proceeding within seven days of said decision, and the city recorder shall, at the same time, file a copy of the final order or decision in the official records of the city.

(9) Prior to the expiration of the appeal period prescribed in Chapter 18.190 MCMC, no building or development permit shall be issued, nor shall any development activity commence, including the erection, construction, reconstruction, alteration, use or occupancy of the land or a structure, when such development, use or occupancy is the subject of a planning commission or city council decision. [Ord. 508 § 9.04.6, 1982].