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HomeMy WebLinkAboutOrdinance 1418ORDINANCE NO. ~~~,~ AN ORDINANCE AMENDING THE UNIFORM PUBLIC HEARINGS ORDINANCE THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWSs Section 1. Section 17.68.050 of the Central Point Municipal Code is hereby repealed. Section 2. Section 17.76.010 of the Central Point Municipal Code is hereby amended. to read as follows.. 17.76.010 Purpose. In certain districts, conditional uses are permitted subject to the. granting of a conditional use permit. Because of their unusual characteristicsor the special attributes of the area in which they are to be located, con- ditional uses require special consideration so that they may be properly located with respect to the objectives of the zoning title and their effect on surrounding properties. Section 3. Section 16.44.040 of the Central Point Municipal Code is hereby amended to read as follows: 16.44.040 Requirements. A. All major and minor land partitions may, as a condition of approval, provide for improvements including curbs, gutters, sidewalks, sanitary sewers, storm drains, water supply, underground utilities and such other improvements as shall be deemed appropriate and necessary by the City Council as a condi- tion of approval, with all such improvements to meet the standards required by the subdivision ordinance of the City. B. In the case of major partitions, all streets or roads shall be improved to meet the conditions required by the subdivi- sion ordinance of the City, and shall be dedicated to the City in the same manner as subdivision roads and streets, with such improvement and dedication to be a condition of approval of the major partition. Section 4. Section 1..24.010 of the Central Point Municipal Code is hereby amended to read. as follows: 1.24.010 Purpose. It shall be the purpose of this chapter to establish a uniform procedure for planning, zoning and land use decisions, including amendments to the text and map of the comprehensive plan, annexations, amendments to the text Page 1 - Ordinance r1o . ,,~'~.,.~'.~~ and map of the zoning ordinance, subdivisions, planned unit developments, mobile home parks, major and minor land partitions, site plan reviews, conditional use permits, variances from the requirements of the zoning, subdivision and fence ordinances, withdrawal from special districts, street and alley vacations and home occupation applications. Section 5. Section 1.24..020 of the Central Point Municipal Code is hereby amended to read as follows.. 1.24.020 Planning Commission and City Council Functions. A. The Planning Commission shall review and decide, without public hearings, the following matterse (1) Site plan review. (2) Fence variances. (3) Outline development plans for planned unit develop- ments. B. The Planning Commission shall. hold public hearing and decide the following matters: (1) Conditional use permits. (2) Variances from the requirements of the zoning ordinance. C. The Planning Commission shall review and make recommendations to the City Council on those matters specified in paragraph (D) hereinafter. D. The City Council shall hold a public hearing and decide the following matters, (1) Amendment to the text and map of the comprehensive plan. (2) Annexations. (3) Amendment to the text and map of the zoning ordi- nance. (4) Subdivisions.. (5} Subdivision variances. (6) Preliminary development plans of planned unit developments. (7) Major and minor land partitions. (B) Mobile home parks. (9) Withdrawal from special districts.. (10) Street and alley vacations. Section 6. Section 1.24.030 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.030 Applications. A. All applications under this ordinance shall be filed with the City Administrator or his designee, upon forms established by the City Administrator. B. The applications clerk shall require that all appli- cations be accompanied by the appropriate fee and other supple- Page 2 - Ordinance No . ,~'~, mental information, including proposed findings, where appro- priate.. Findings, when required, shall include the criteria and standards applicable to the. specific type of application, a comprehensive statement of factual .information that the applicant intends to establish and upon which he intends to rely and pro- posed conclusions setting forth the manner in which the applicant believes that the facts meet all criteria and support an allowance of the application. If the application and all supplemental information is satisfactory the applications clerk shall accept the same for filing upon receipt of the necessary fees. If the application is unsatisfactory, the applications clerk shall reject the same with a notation thereon indicating the reasons for rejection. C. Upon filing of an accepted application, the appli- cations clerk shall assign the same for review by the appropriate members of the city staff and with all affected city, county, state and federal .agencies, and with all affected special dis- tricts, where appropriate. Section 7. Section 1.24.050 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.050 Planning Commission Review anal Recommendation. A. General. All Planning Commission reviews, whether the Planning Commission is serving the review and recommendation function or the public hearing function, shall be performed in a quasi-judicial manner and shall be in accordance with conduct of public hearing and Planning Commission review as required in this ordinance. B. Review. The Planning Commission may continue their review of the application to its next regularly scheduled meeting, if necessary, to receive additional information. Upon comple- tion of its review, the Planning Commission shall pass a resolu- tion of recommendations and findings, which may incorporate all or any part of the applicant's proposed findings or the staff findings. Following passage of said resolution, the City Admini- strator shall schedule a public hearing before the City Council. Section 8. Section 1.24.06-0 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.060 Notice Requirements. A. Public hearings and Planning Commission review. Notices of applications under this ordinance before the Planning Commission or City Council for a decision shall be given as follows: (1) Published once each week for two successive weeks prior to the day of the hearing in a newspaper of general cir- culation within the City, with the second publication to be no less than 24 hours prior to the hearing. Page 3 - Ordinance No. f~.~~`¢ (2) In addition, in cases of annexation, the City Administrator shall cause notices of the public hearing to be posted in four public places in the City for two successive weeks prior to the date of the hearing. (3) In cases of minor amendment to the zoning map or the comprehensive plan map, notice of the public hearing shall be sent by registered or certified mail not less than seven days prior to the date of hearing to the owners of property situated within a 200 foot radius of the boundaries. of the property which is .the subject of the application, as shown on the current assessor°s tax rolls. (4) In cases of street or alley vacations, written notices of the petition and. public hearing shall be posted not less than 28 days before the hearing in three of the most public places in the City and at each end of the proposed vacation. (5) In cases of major changes to the zoning map or the comprehensive plan map, notice shall be given by publishing once at least 30 days prior to the date of the public hearing and once in the week prior to the week of the public hearing. (6) In the case of Planning Commission reviews which result in recommendations rather than decisions, notice shall be given by posting meeting agenda in three public places in the City in the week prior to the date of review. B. Contents of notice. All notices, whether published, posted or mailed, shall include a brief description of the appli~ cation, including the name of the applicant and property owner, the general location of the property and the proposed change or use, and the date, time and place of the public hearing. Such notices shall also comply with the requirements of the City Charter and other ordinances and state statutes. C. Mailed notices. In all cases in which a mailing of notices is required, such mailing shall be the. responsibility of the applicant who shall, following such mailing, furnish to the City Administrator a copy of the notice and a certificate certi- fying compliance with the ordinance and listing the name, address and tax roll information for all persons to whom. notice was mailed, and the date of mailing. Such certification shall also include assessor°s maps reflecting the location of properties of persons to whom notice was mailed. For Comprehensive Plan amendments: (1) In determining the affected persons to receive notice by mail of proposed changes, renters should be considered among those affected. (2) In the event that all of the property within a single ownership is not included in the area to be changed, the boundary for those to receive notice by mail shall be measured from the property line and not from the boundary line of the area. to be changed. Section 9. Section 17.96.040 of the Central Point Municipal Code is hereby amended to read as follows: Page 4 - Ordinance No . f~/`; 17.96.040 Schedule of Public Hearings. All proposals for amendment to the comprehensive plan, including major revi- sions and minor changes, shall be scheduled for public hearings before the citizens advisory committee, the-City's Planning Commission and the City Council, on dates to be scheduled by the City Council by ordinance.. The manner of notice to the public shall likewise be established by the City Council by ordinance but shall meet the following criteria: A. Applications and review thereof shall conform to the provisions of Chapter 1.2.4 of the Central Point Municipal Code and all applicable laws of the state. Passed by the Council and signed by me in authentication o f its passage thi s ~ " day o f ~~,t'=-L-s..=_.~,.~.~ , 19 81. ~~~ j,'. Mayor ~`' ~"~ v., ATTEST: ~~~ ,- .~ Ci y ~ order ~'' Approved by me this ,%~ day of ;~,~°--,,,.~.,~.~~y 1981. ~. ~- "-~ Mayor ~.--~`~ "~ Page 5 - Ordinance No . ~ f `c~