Subject
The City of Hermiston proposes to amend Section 157.231 of the Hermiston Code of Ordinances to match Oregon statutory requirements for appeals of land use decisions.
Summary and Background
In 1994 when the Hermiston code was adopted, ten days was the time required by the state for filing an appeal. Subsequently, the state has amended the requirement to twelve days. The proposed text amendment will bring the language used in the Hermiston code current with state requirements.
§157.226 of the Hermiston Code of Ordinances provides the method and approval criteria for granting or denying an amendment to the zoning ordinance. The proposed amendment has been deemed a legislative change in that it involves the text of the ordinance.
Notice of the proposed action for a zoning text amendment shall be submitted to the Department of Land Conservation and Development 35 days prior to the date set for the initial hearing.
The planning commission held a public hearing on September 12, 2018 and made a recommendation that the city council adopt the proposed amendment to match statutory requirements. The matter now comes before the city council for a public hearing. After the close of the public hearing, the city council shall make findings of fact and adopt, adopt with changes, or deny the proposed amendment.
The proposed ordinance is attached as Exhibit A. The recommended findings are attached as Exhibit B.
The proposed amendment deletes the language "within ten days" and adds the language "12 days (or within the time limit required by ORS Chapter 227 if it is greater) after notice of the Planning Commission’s decision and of the right of appeal" to Section 157.231 (A) of the Hermiston Code of Ordinances.
Tie-In to Council Goals:
Amendments to the zoning ordinance fall under Comprehensive Plan Policy #2 which requires the city to review the city's comprehensive plan and implementing ordinances and update as necessary.
Fiscal Information
There is no financial impact to the City from this code amendment.
Alternatives and Recommendation
Alternatives
The city council may choose to:
- Adopt the proposed text amendment
- Adopt the proposed text amendment with changes
- Reject the proposed text amendment
Recommendation
Subject to the testimony received at the hearing and based upon the findings of fact as may be amended by the city council, staff recommends that the city council adopt the amendment and incorporate it into the Code of Ordinances.
Requested Action/Motion
Motion to adopt the findings of fact
Motion to adopt Ordinance No 2265
Submitted By: Clinton Spencer