(A) Pre-application conference. A pre-application conference may be required for all Type IV applications. The requirements and procedures for a pre-application conference are described in § 154.381.
(B) Application requirements.
(1) Application forms. Type IV applications shall be made on forms provided by the city.
(2) Submittal information. The application shall contain:
(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; and
(d) Copies of a letter or narrative statement that explains how the application satisfies all of the relevant approval criteria and standards.
(C) Notice of hearing.
(1) Required hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council, are required for all Type IV applications, except annexations where only a hearing by the City Council is required.
(2) Notification requirements. Notice of public hearings for the request shall be given by the city in the following manner:
(a) At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with O.R.S. 227.175 and mailed to:
1. Each owner whose property would be rezoned in order to implement the chapter (i.e., owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment);
2. Any affected governmental agency;
3. Recognized neighborhood groups or associations affected by the chapter;
4. Any person who requests notice in writing;
5. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with O.R.S. 227.175; and
6. Owners of airports shall be notified of a proposed zone change in accordance with O.R.S. 227.175.
(b) At least ten days before the scheduled Planning Commission public hearing date and ten days before the City Council hearing date, notice shall be published in a newspaper of general circulation in the city.
(c) The city shall:
1. For each mailing of notice, file an affidavit of mailing in the record as provided hereby; and
2. For each published notice, file in the record the affidavit of publication in a newspaper that is required herein.
(d) The Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and zoning ordinance amendments at least 45 days before the first public hearing at which public testimony or new evidence will be received.
(e) Notifications for annexation shall follow the provisions of this chapter, except as required for local government boundary commissions (O.R.S. 199).
(3) Content of notices. The mailed and published notices shall include the following information:
(a) The number and title of the file containing the application, and the address and telephone number of the city office where additional information about the application can be obtained;
(b) A description of the location of the proposal reasonably calculated to give notice of the location of the geographic area;
(c) A description of the proposal in enough detail for people to determine that a change is proposed, and the place where all relevant materials and information may be obtained or reviewed;
(d) The time(s), place(s) and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the Council and available at City Hall (see division (C)(3)(e) below);
(e) Each mailed notice required by division (C)(3)(d) above shall contain the following statement:
"Notice to mortgagee, lien holder, vendor, or seller: The Shady Cove Zoning Ordinance requires that if you receive this notice it shall be promptly forwarded to the purchaser."
(4) Failure to receive notice. The failure of any person to receive notice shall not invalidate the action; providing:
(a) Personal notice is deemed given where the notice is deposited with the United States Postal Service; and
(b) Published notice is deemed given on the date it is published.
(D) Hearing process and procedure.
(1) Unless otherwise provided in the rules of procedure adopted by the City Council:
(a) The presiding officer of the Planning Commission and of the City Council shall have the authority to:
1. Regulate the course, sequence and decorum of the hearing;
2. Direct procedural requirements or similar matters; and
3. Impose reasonable time limits for oral presentations.
(b) No person shall address the Commission or the Council without:
1. Receiving recognition from the presiding officer; and
2. Stating his or her full name and residence address.
(c) Disruptive conduct such as applause, cheering or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.
(2) Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Commission and of the Council shall conduct the hearing as follows:
(a) The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making and whether the decision which will be made is a recommendation to the City Council or the final decision of the Council;
(b) The staff reports shall be presented;
(c) The public shall be invited to testify;
(d) The public hearing may be continued to allow additional testimony or it may be closed; and
(e) The body's deliberation may include questions to the staff, comments from the staff and inquiries directed to any person present.
(E) Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date and time.
(F) Decision-making considerations. The recommendation by the Planning Commission and the decision by the City Council shall be based on consideration of the following factors:
(1) The Statewide Planning Goals and Guidelines adopted under O.R.S. Ch. 197 (for comprehensive plan amendments only);
(2) Comments from any applicable federal or state agencies regarding applicable statutes or regulations;
(3) Any applicable intergovernmental agreements; and
(4) Any applicable comprehensive plan policies and provisions of this chapter that implement the comprehensive plan. Compliance with § 154.381 shall be required for Comprehensive Plan amendments and land use district map and text amendments.
(G) Approval process and authority.
(1) The Planning Commission shall:
(a) After notice and a public hearing, vote on and prepare a recommendation to the City Council to approve, approve with modifications, approve with conditions, deny the proposed change or adopt an alternative; and
(b) Within ten business days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the city.
(2) If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change or adopt an alternative proposal, within 60 days of its first public hearing on the proposed change, the city shall:
(a) Report the failure together with the proposed change to the City Council; and
(b) Provide notice and put the matter on the City Council's agenda, a public hearing to be held, and a decision to be made by the Council. No further action shall be taken by the Commission.
(3) The City Council shall:
(a) Approve, approve with modifications, approve with conditions, deny or adopt an alternative to an application for legislative change or remand the application to the Planning Commission for rehearing and reconsideration on all or part of the application;
(b) Consider the recommendation of the Planning Commission; however, it is not bound by the Commission's recommendation; and
(c) Act by ordinance, which shall be signed by the Mayor after the Council's adoption of the ordinance.
(H) Vote required for a legislative change.
(1) A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.
(2) A vote by a majority of the qualified members of the City Council present is required to decide any motion made on the proposal.
(I) Notice of decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within five business days after the City Council decision is filed with the city. The city shall also provide notice to all persons as required by other applicable laws.
(J) Final decision and effective date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.
(K) Record of the public hearing.
(1) A verbatim record of the proceeding shall be made by stenographic, mechanical or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record.
(2) All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
(3) The official record shall include:
(a) All materials considered by the hearings body;
(b) All materials submitted by the city to the hearings body regarding the application;
(c) The verbatim record made by the stenographic, mechanical or electronic means; the minutes of the hearing; and other documents considered;
(d) The final ordinance;
(e) All correspondence; and
(f) A copy of the notices which were given as required by this section.
(Ord. 225, passed 10-20-1994, § 6.6)