Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
/Bra 
01/23/2012 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of John Day Plan Amendment 
DLCD File Number 001-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, February 03, 2012 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day 
notice. Pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings 
leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of 
Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Peggy Gray, City of John Day 
Angela Lazarean, DLCD Urban Planner 
Grant Young, DLCD Regional Representative 
NOTICE OF ADOPTED AMENDMENT 
<paa> YA 
l ü § 2 DLCD 
0 to person • electronic O mailed 
DEPT OF 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days af ter the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
' 7 M l 
^ ^ S E R V A T I O N 
ANO DEVELOPMENT 
ForOfficc t;se Qnh 
Jurisdiction: City of John Day Local file number: 
Date of Adoption: 1/10/2012 Date Mailed: 1/12/2012 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes • No Date: 11/23/2011 
Q Comprehensive Plan Text Amendment 
Land Use Regulation Amendment 
Q New Land Use Regulation 
Q Comprehensive Plan Map Amendment 
• Zoning Map Amendment 
• Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
The City of JohnDay amended their Development Code November 2010; the city finds it necessary to do some 
housekeeping items addressing the number of animals that can be allowed within the city limits; provide 
standards and procedures for rebuilding single family dwellings in the Downtown/General Commercial 
Districts; waive the notification and meeting procedures in certain cases for Neighborhood Meetings 
requirements. Attached is adopted Ordinance No. 12-151-01. 
Does the Adoption differ from proposal? No, no explaination is necessary 
Plan Map Changed from: to: 
Zone Map Changed from: to: 
Location: Acres Involved: 
Specify Density: Previous: New: 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES NO 
Did DLCD receive a Notice of Proposed Amendment... 
35-days prior to first evidentiary hearing? [X] Yes Q No 
If no, do the statewide planning goals apply? EH Yes Q No 
DLCD File No. 001-11 (19070) [16901] 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Local Contact: Peggy Gray 
Address: 450 East Main Street 
City: John Day Zip: 97845-
Phone: (541) 575-0028 Extension: 222 
Fax Number: 541-575-3668 
E-mail Address: grayp@grantcounty-or.gov 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by 
the public official designated by the jurisdiction to sign the approved ordinance(s) 
per ORS 197.615 and OAR Chapter 660, Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green 
paper if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 
7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
9. Need More Copies? Please print forms on 8V* -1/2x11 green paper only if available If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.ameiidinents@state.or.us. 
http://www.orefion.gov/LCD/forms.shtml Updated December 30, 2011 
ORDINANCE NUMBER 12-151-01 
AN ORDINANCE IN THE MATTER OF ADOPTING TEXT AMENDMENTS TO 
THE CITY OF JOHN DAY LAND USE AND DEVELOPMENT CODE 
("DEVELOPMENT CODE"). 
WHEREAS, City of John Day updated and amended the John Day Development Code in 
November 2010 based on the public input solicited through a Citizen's Advisory 
Committee meeting on August 5, 2010 and a joint Planning Commission/City Council 
workshop on August 24, 2010; 
WHEREAS, the John Day Planning Commission at their October 3, 2011 Planning 
Commission meeting was informed that the amended John Day Development Code did 
not reflect the number of animals that can be kept within the city limits of John Day, 
Oregon; 
WHEREAS, the John Day Planning Commission stated it was not the Planning 
Commission's intention to eliminate the number of animals that can be kept within the 
city limits of John Day and recommended to the John Day City Council to amend the 
John Day Development Code as per the recommendation of the Citizens Advisory 
Committee which states the number of animals that can be allowed as per Table 5-
2.2.020; 
WHEREAS, it is necessary to provide for the housing needs of the citizens of John Day, 
Oregon; and the John Day City Council determines that a time limit should be placed on 
nonconforming development (Single Family Dwelling in Downtown and General 
Commercial District); 
WHEREAS, the John Day City Council deems it necessary to allow the Planning Official 
to waive the notification and meeting procedures in certain cases for Neighborhood 
Meetings requirements where the applicant submits written consents from all owners of 
property within 100 feet of the site declining the meeting invitation. The applicant must 
make a good faith effort to meet with the neighbors; 
WHEREA.S, notice to the public was advertised at least 20 days in advance of the 
Planning Commission/City Council public hearing listed below; 
WHEREAS, a joint Planning Commission/City Council public hearing was held on 
January 10, 2012 to solicit public testimony; 
WHEREAS, the City Council deliberated and made a decision to amend the 
Development Code, 
WHEREAS, the City Council found that the Development Code amendments conform to 
the John Day Comprehensive Plan and applicable State Planning Goals, and it is in the 
public interest to adopt them; and 
Ordinance No. 12-151-01 Page 1 
WHEREAS, the State Department of Land Conservation and Development was duly 
notified of the proposed Development Code amendments no less than 45 days prior to the 
first hearing and did not object to the changes; 
NOW THEREFORE, THE CITY OF JOHN DAY, OREGON, ORDAINS AS 
FOLLOWS: 
Development Code Amendment: 
1. The City of John Day Development Code (adopted November 9, 2010) Table 5-
2.2.020 - Land Uses Allowed in Residential District (RL, RG, RC); Other 
Categories - Animals, keeping of per John Day Municipal is hereby repealed and 
the amended Table 5-2.2.020 - Land Uses Allowed in Residential District (RL, 
RG, RC); Other Categories - Agriculture - Animals is hereby adopted as attached 
Exhibit A; 
2. The City of John Day Development Code (adopted November 9, 2010) Table 5-
2.3.020 - Land Uses Allowed in Commercial Districts (D, GC); Residential 
Categories, Household living is hereby repealed and the amended Table 5-2.3.020 
- Land Uses Allowed in Commercial Districts (D, GC); Residential Categories, 
Household living is hereby adopted as attached Exhibit B; 
3. The City of John Day Development Code (adopted November 9, 2010) Chapter 5= 
4.1.080 Neighborhood Meetings is hereby repealed and the amended Chapter 5-
4.1.080 is hereby adopted as attached Exhibit C. 
This Ordinance was PASSED by the City Council by a vote of for and 
f ) against and APPROVED by the Mayor on this J@ ^  day of January 2012. 
Robert W. Quinton, Mayor 
ATTEST: 
[\ 
Peggy öräyt City Manager 
Ordinance No. 12-151-01 Page 2 
Phone (541) 575-0028 
Fax (541) 575-3668 
450 East Main Street 
John Day, Oregon 97845 
Staff Report 
To: Members of the City Council and Planning Commission, City of John Day 
From: Peggy Gray, City Manager 
CC: Grant Young, DLCD 
Date: December 28, 2011 
Re: City of John Day Development Code Update - Joint Planning Commission City 
Council Hearing, January 10, 2012 
Project Purpose and Background 
The John Day Development Code was updated November 2010; after the updated code was 
adopted it was discovered that the recommended language regarding the Agriculture - Animals 
section was accidentally deleted. The John Day Planning Commission met on October 3, 2011 
and it was their consensus that the City's ordinance should define the number of animals that can 
be kept within the city limits. The Planning Commission recommended that the City Council 
reinstate the Citizen's Advisory Committee's recommended language. See Exhibit A of 
Ordinance No. 12-151-01. 
The second amendment responds to a question the City Planning Official received from an 
appraiser. The appraiser asked if there is a time limit for rebuilding a house destroyed by fire, 
where the subject property is zoned General Commercial or Downtown and is located adjacent to 
Main Street. In the November 2010 code update, the code was amended to allow a residential 
use existing in the Downtown and adjacent to Main Street, where the use lawfully existed as of 
November 24, 2005. A house may be rebuilt within the same building envelope in the event of 
involuntary damage or destruction due to fire or other event beyond owner's control, provided 
the dwelling lawfully existed in its current location and the rebuilt structure complies with 
current building and development code requirements. As the code was silent regarding a time 
limit on rebuilding, it is recommended that the code be amended with a time frame of three (3) 
years for rebuilding after the property being vacated. See Exhibit B of Ordinance No. 12-151-
The third and final amendment pertains to a Site Design Review application for a new Respite 
Care Facility; during the course of the land use application, the City Council deemed it necessary 
to allow the Planning Official to waive the notification and meeting procedures in certain cases 
0L 
City of John Day Development Code Update - Staff Report 
December 28, 2011 
for Neighborhood Meetings requirements where the applicant submits written consents from all 
owners of property within 100 feet of the site declining the meeting invitation. The applicant 
must make a good faith effort to meet with the neighbors. Whereas the City must follow all the 
criteria within the John Day Development Code and the Council desires to waive the notification 
as stated above, the John Day Development Code must be amended. See Exhibit C of Ordinance 
No. 12-151-01. 
Applicable Criteria for Adopting the Development Code Amendments 
Adopting development code amendments is a local legislative matter that requires three overall 
findings by the City Council: 
1. The proposal is consistent with Statewide Planning Goals and City of John Day 
Comprehensive Plan; 
2. The Council must find that changes have occurred in the community warranting the 
amendments; and 
3. The proposed ordinance is in the public interest. 
As demonstrated on the following page, the proposed amendments are consistent with the State 
planning goals. We can also find that the community has changed in ways that necessitate code 
revisions. Many "urban homesteaders" are looking to their own backyards to provide as much 
food as possible for their own families. In doing so, households are making productive use of 
their private property to provide a safer, healthier alternative to the conventional food supply, as 
well as becoming more self-sufficient and more resilient to emergencies and food shortages. The 
proposed amendment to Agriculture-Animals is designed to enable community citizens to make 
use of their own property in a way that will enhance the quality and safety of their family food 
sources, reduce their environmental impact, and help create a more sustainable, food-secure 
community for all. 
The proposed time limit on the rebuilding of residential structures adjacent to Main Street, where 
the property is zoned General Commercial or Downtown, will ensure that, should a fire occur,the 
property owner will rebuild in a timely manner. With the current movement by the Grant 
County Economic Council to improve John Day's downtown and the City's Transportation 
Enhancement Project for new street lights and sidewalks, I believe this amendment is in the 
public's best interest. 
The third and final proposed amendment to waive notification and meeting procedures in certain 
cases for Neighborhood Meetings requirements is to help streamline the Site Design Review 
process. The proposed amendment gives the Planning Official the flexibility to determine on a 
case-by-case basis if it is in the public's best interest to waive this requirement. An example of 
this was in the Regional Acute Care Facility Site Design Review application, it appeared to the 
City Council requiring the applicant to hold a Neighborhood Meeting before the Planning 
Commission's public hearing, in cases where the neighbors are in complete agreement with the 
application, could cause a delay in the scheduling of the Planning Commission's public hearing. 
The Acute Care Facility project is projected to create new jobs within the community, and the 
City of John Day Development Code Update - Staff Report 
December 28, 2011 
Council felt that the waiver option could be important for this application and for future land use 
applications as well. 
Through the public hearing process with the Planning Commission and the City Council, the 
City will ensure that the new proposed amendments meets the City's needs while complying 
with State requirements. Please refer to the proposed ordinance adopting amendments to the 
City of John Day Development Code (Ordinance No. 12-151-01). 
John Day Development Code - Consistency with Statewide Planning Goals 
State Goal Relevant 
Codes 
Findings of Consistency 
Goal 1 - Citizen 
Involvement 
Chapter 5-4.1.080 
Neighborhood 
Meetings 
Public Notification and hearings procedures under 
City and state law provide reasonable opportunity for 
meaningful public participation, consistent with Goal 
1. 
Goal 2 - Land Use 
Planning 
All proposed 
Amendments 
No changes in permitted land use, density or public 
facility policy are being proposed that would 
necessitate amending city's comprehensive plan. 
Goal 2 is met. 
Goal 9 - Economy 
Goal 10 - Housing 
Chapter 5-2.3.020 
And Chapter 5-5.2 
Goal 9 requires the City plan for local employment 
by designating sufficient land area for commercial 
and industrial uses. The Downtown (D) and General 
Commercial (GC) districts are intended to meet the 
community's needs for retail and commercial service 
uses. Housing is allowed in those zones but the code 
prioritizes ground floor space adjacent to Main Street 
for commercial uses. 
Goal 10 requires the City plan for meeting its housing 
needs through appropriate zoning densities, housing 
types, lot sizes, etc. The city has three residential 
zones: RL, RG and RC. The GC and D zones contain 
some housing; though, as describe above, the zones 
emphasize commercial uses. New residential uses 
may locate in upper stories of commercial buildings 
or on parcels setback from Main Street. 
The proposed amendment clarifying a 3-year timeline 
for rebuilding pre-existing dwellings in the GC and D 
zones, in the event of a fire or other involuntary 
damage, balances the economic development and 
housing needs of community. Both Goal 9 and Goal 
10 are met. 
5-2.2 - Residential (R) Land Use Districts - Allowed Land Uses 
Exhibit C 5-4.1 - Types of Applications and Review Procedures - Neighborhood Meetings 
Table 5-2.2.020 - Land Uses Allowed in Residential Districts (RL, RG, RC) 
Uses Status of Use in District 
Use Categories 
Residential 
Limited (RL) 
Residential 
General (RG) 
Residential 
(Examples of uses are in Chapter 5-1.3; 
definitions are in Chapter 5-6.1) 
Commercial 
(RC) 
[Reserve] 
Animals, keeping ofAqriculture - Animals 
Livestock, limited to 1 head of cattle, 
horse, sheep, or similar size animal per 
% acre undeveloped pasture. Swine: 1 
per 1/4 acre 
P P M 
Small Animals fe.q., chickens, chukar, 
rabbits), excluding roosters and swine: 
limited to 5 of each type of animal 
acre, or fraction thereof 
P P P 
(Amended bv Ord. , Tdaiel) 
Agriculture - Nurseries and similar horticulture 
(indoor or outdoor) N N CU 
Mining N N N 
Radio Frequency Transmission Facilities CU CU CU 
Utility Corridors, Regional 
Regional utility corridors extending through the 
City and existing prior to November 24, 2005 are 
permitted. All other regional utility corridors 
require a conditional use permit. 
CU CU CU 
Temporary Uses (limited to "P" and "CU" uses), 
per Section 5-4,9.010. P/CU P/CU P/CU 
Transportation Facilities (operation, maintenance, 
preservation, and construction in accordance with 
the City's Transportation System Plan) 
P P P 
Key: 
P = Permitted, subject to site/development review 
S = Permitted with standards (Section 5-2.2.100) 
CU = Conditional Use permit required (Chapter 5-4.4) 
N = Not permitted 
City of John Day 
Development Code 
9-33 Adopted 2010 
Exhibit B 
5-2.3 - Commercial (C) Land Use Districts - Allowed Land Uses 
5-2.3.020 Commercial Districts - Allowed Land Uses 
Table 5-2.3.020 identifies the land uses that are allowed in the Commercial Districts. The 
specific land use categories are described and uses are defined in Chapter 5-1.3 and 5-1.4. 
Table 5-2.3.020 - Land Uses Allowed in Commercial Districts (D, GC) 
Uses Status of Use in District 
Use Categories 
(Examples of uses are in Chapter 5-1.4; 
definitions are in Chapter 5-6.1.) 
Downtown 
(D) 
General 
Commercial 
(GC) 
[Reserve] 
Residential Categories 
Household Living 
All Residential Uses and Structures (Household 
Living and Group Living) allowed, if: 
lawfully existing as of November 24, 
2005* 
a dwelling that does not occupy ground 
floor space fronting Main Street* 
*ln the event of involuntary damaqe or 
destruction due to fire or other event beyond the 
owner's control, a residential use lawfully existina 
in the Downtown as of November 24, 2005 may 
be rebuilt and reestablished pursuant with 
Section 5-5.2.020 throuqh 5-5.2.030within the 
o^nip hnilriinn pn\/p!nnp f^pth^pk0 nnd hpinhf\ in 
P 
P 
P 
P 
requirements. (Amended by Ord. # , Fdatel) 
Group Living Uses shall conform to the 
provisions in Section 5-2.2.100. 
Commercial Categories 
Key: 
P = Permitted, subject to site/development review 
S = Permitted with standards (Section 5-2.2.100) 
CU = Conditional Use permit required (Chapter 5-4.4) 
N = Not permitted 
City of John Day 2-44 Adopted 2010 
Development Code 
5-5.2 - Non-Conforming Uses and Developments 
Chapter 5-5.2 - Non-Conforming Uses and Developments 
Sections: 
5-5.2.010 Non-Conforming Uses and Developments - Purpose 
5-5.2.020 Non-conforming Uses 
5-5.2.030 Non-conforming Development 
5-5.2.010 Non-Conforming Uses and Developments Purpose 
This Chapter provides standards and procedures for non-conforming situations (i.e., existing uses 
or development that do not comply with the Code). The standards for non-conforming uses and 
development are intended to provide some relief from code requirements for uses and 
developments that were established prior to the effective date of this Code and do not comply 
with current standards. 
5-5.2.020 Nonconforming Uses 
Where at the time of adoption of this Code a use of land exists which would not be permitted by 
the regulations imposed by this Code and was lawful at the time it was established, the use may 
be continued as long as it remains otherwise lawful, provided: 
A. Expansion Prohibited. No such nonconforming use is enlarged, increased or extended to 
occupy a greater area of land or space than was occupied at the effective date of adoption or 
amendment of this Code. No additional structure, building or sign shall be constructed on 
the lot in connection with such nonconforming use of land; 
B. Location. No such nonconforming use shall be moved in whole or in part to any portion of 
the lot other than that occupied by such use at the effective date of adoption or amendment of 
this Code; 
C. Discontinuation or Abandonment. The nonconforming use of land is not discontinued for 
any reason for a period of more than twelve (12) months. For purposes of calculating the 
twelve (12) month period, a use is discontinued or abandoned upon the occurrence of the first 
of any of the following events: 
1. On the date when the use of land is physically vacated, except that a residential use 
lawfully existing in the Downtown and General Commercial zones as of November 24, 
2005 that is vacated in the event of involuntary damage or destruction due to fire or other 
event beyond the owner's control may be reestablished pursuant with Section 5.2.030(B); 
2. On the date the use ceases to be actively involved in the sale of merchandise or the 
provision of services; 
City of John Day 5-8 Adopted 2010 
Development Code 
5-5.2 - Non-Conforming Uses and Developments 
3. On the date of termination of any lease or contract under which the nonconforming use 
has occupied the land; or 
4. On the date a request for final reading of water and power meters is made to the 
applicable utility districts. 
(Amended by Ordinance # , [date]) 
D. Application of Code Criteria and Standards. If the use is discontinued or abandoned for 
any reason for a period of more than 12 months, any subsequent use of land shall conform to 
the applicable standards and criteria specified by this Code for the land use district in which 
such land is located. 
5-5.2.030 Non-conforming Development 
Where a development exists at the effective date of adoption or amendment of this Code that 
could not be built under the terms of this Code by reason of restrictions on lot area, lot coverage, 
height, yard, equipment, access, parking, landscaping, its location on the lot or other 
requirements concerning the development; and the development was lawful when constructed, 
the development may remain on the site so long as it remains otherwise lawful, subject to the 
following provisions: 
A. Alterations. No such nonconforming development may be enlarged or altered in a way that 
increases its nonconformity, but any development or portion thereof may be enlarged or 
altered in a way that satisfies the current requirements of this Code or will decrease its 
nonconformity; 
B. Destruction. Except as expressly allowed by Section 5-2.3.020 (Single Family Dwelling in 
Downtown District), should such nonconforming development or nonconforming portion of 
development be destroyed by any means to an extent more than fifty (50) percent of its 
current value as assessed by the Grant County Assessor, it shall be reconstructed only in 
conformity with this Code. A residential use lawfully existing in the Downtown and General 
Commercial zones as of November 24, 2005 may be rebuilt within the same building 
envelope (setbacks and height) in the event of involuntary damage or destruction due to fire 
or other event beyond owner's control, provided the new structure is completed within three 
(3) years of the property being vacated and it complies with current building and 
development code requirements; 
C. Roadway Access. The owner of a non-conforming access connection (i.e., street or highway 
access) may be required to bring the non-conforming access into conformance with this Code 
and other applicable standards as a condition of the City or other roadway authority 
approving a new access connection permit, or a change in land use. 
D. Relocation or Removal. Should such development be moved for any reason and by any 
distance, it shall thereafter conform to the regulations of this Code. 
City of John Day 
Development Code 
5-9 Adopted 2010 
Exhibit C 5-4.1 - Types of Applications and Review Procedures - Neighborhood Meetings 
5-4.1.080 Neighborhood Meetings 
A. Purpose and Applicability Applicants for master planned development, subdivision, 
or site design review on projects involving parcels or lots larger than one (1) 
aefepro ject proposals requiring a public hearing are required to contact neighboring 
property owners and offer to a hold meeting with them prior to submitting as-a land 
use application. This is to ensure that affected property owners are given an 
opportunity to preview a proposal and offer input to the applicant before a plan is 
formally submitted to the City, thereby raising any concerns about the project and the 
project's compatibility with surrounding uses early in the design process when 
changes can be made relatively inexpensively. 
B. Notice. Netiee-Except as waived by the City Planning Official, notice of the meeting 
must be given in writing and delivered in person or by certified mail, return receipt 
requested, to all of the property owners whose property is located within 100 feet of 
the site, at their addresses of record at the Grant County Assessor's office, at least 14 
days before the meeting and at least 21 days before submitting the application to the 
City. The notice must state the time, place and purpose of the meeting, including a 
description of the proposed development. The Planning Official may waive the 
notification and meeting procedures where the applicant submits written consents 
from all owners of property within 100 feet of the site declining the meeting 
invitation. The applicant must make a good faith effoit to meet with the neighbors. 
C. Meeting place, date and time. The-Where a meeting with neighbors is required it 
must be held within the City limits at a location obtained or provided by the applicant 
with sufficient room for the expected attendance. The meeting place must be 
accessible toReasonable accommodations must be made for persons with disabilities. 
ft-The meeting must be scheduled at a date and time reasonably calculated to allow 
maximum participation by interested property owners. 
D. Conduct of meeting. At the meeting, the applicant, or the applicant's agent, must 
present sufficient information about the proposed development to inform the property 
owners in attendance of the nature of the proposal and impacts it may have on 
neighboring properties, including transportation impacts. Persons attending must be 
allowed to ask questions and make comments. The applicant, or the applicant's 
agent, must make a sound, video or digital recording or keep written minutes of the 
meeting that give a true reflection of the matters discussed at the meeting and the 
views of the participants. The applicant must also make a list of names of persons 
attending the meeting. 
E. Filing requirements. Proof of having held the meeting, even if no affected property 
owners attend, is required and must be submitted to the City with a land use 
application for the application to be deemed complete. Copies of the following 
information must accompany the land use application: a copy of the notice mailed, 
certified mail return receipts and all addresses for which notice was mailed (e.g., copy 
City of John Day 
Development Code 
4-33 Adopted 2010 
of mailing labels), a certificate of personal service as to those persons who were 
provided notice by personal service (including the date of service and the name of the 
person who provided service), a record or minutes of the meeting with a list of 
attendees, and copies of the meeting notice and all other written materials provided 
prior to or distributed at the meeting. 
(Amended by Ord. ., [date]) 
City of John Day 
Development Code 
4-34 Adopted 2010 
CITY OF JOHN DAY 
CITY COUNCIL MINUTES 
JOHN DAY, OREGON 
January 10, 2012 Adjourned Meeting 
COUNCILORS PRESENT: COUNCILORS ABSENT: 
Bob Quinton, Mayor 
Steve Schuette, Council President 
Gene Officer, Councilor 
Don Caldwell, Councilor 
Donn Willey, Councilor 
Chris Labhart, Councilor 
Doug Gochnour, Councilor 
STAFF PRESENT: 
Peggy Gray, City Manager 
David Holland, Public Works Director 
GUESTS PRESENT: 
Anna Bass, Oster Professional Group, John Day 
Amy Walker, Oster Professional Group, John Day 
Paul Smith, John Day 
Agenda Item No. 1 - Open and Note Attendance 
The John Day City Council meeting opened at 7:00 p.m. Mayor Bob Quinton noted that all Councilors 
were present. 
Agenda Item No. 2 - Approval of City Council Minutes of December 13, 2011 
The minutes of the December 13, 2011 adjourned meeting were included in the agenda packets and 
presented for the Council's approval. Councilor Chris Labhart moved that the minutes of December 13, 
2011 be approved as presented. Councilor Don Caldwell seconded the motion, the motion passed 
unanimously. 
Agenda Item No. 3 - Appearance of Interested Citizens 
Mayor Quinton thanked those in attendance and asked everyone to please sign in. He asked if there were 
any additional items that anyone would like to add to the agenda. There were none presented. 
City of John Day City Council Meeting Minutes - January 10, 2012 
Agenda Item No. 4 - Joint Planning Commission/City Council Public Hearing on the Matter of 
Adopting Text Amendments to the City of John Day Land Use and Development Code 
("Development Code") 
Mayor Quinton introduced Planning Commission Chair Ken Boethin; Chair Boethin opened the public 
hearing at 7:01 p.m. Members of the Planning Commission present were Commission Chair Ken 
Boethin; Commissioners Dean Nodine, Tim Unterwegner and Angie Johnson, constituting a quorum of 
the Planning Commission. 
Commission Chair Boethin stated the matters before Commission are three text amendments to the John 
Day City Development Code: 
1. The number of animals that can be allowed within the city limits of John Day 
2. Time limit on nonconforming development (Single Family Dwelling in Downtown and 
General Commercial District) 
3. Allow the Planning Official to waive the notification and meeting procedures in certain cases 
for Neighborhood Meetings requirements 
Commission Chair Boethin stated all three of these matters have been discussed among the City Planning 
Commission. At this time Commission Chair Boethin asked if there was anyone present who wished to 
speak in regards to the amendments; none appeared. Commission Chair Boethin closed the public 
hearing at 7:04 p.m. Commission Chair Boethin stated "on behalf of the City Planning Commission, I 
would recommend to the John Day City Council that they make the changes that he previously indicated 
to the John Day Development Code." 
Mayor Quinton opened the public hearing of the John Day City Council at 7:05 p.m. Mayor Quinton 
stated the purpose of the public hearing is to discuss the John Day Planning Commission's 
recommendation for three text amendments to the John Day City Development Code: 
1. The number of animals that can be allowed within the city limits of John Day 
2. Time limit on nonconforming development (Single Family Dwelling in Downtown and 
General Commercial District) 
3. Allow the Planning Official to waive the notification and meeting procedures in certain cases 
for Neighborhood Meetings requirements 
Mayor Quinton asked if there was anyone present who wished to comment in regards to these 
amendments; none appeared; Mayor Quinton asked if any Councilors had any comments. Mayor Quinton 
explained the code amendments as follows: 
1. The animals section was left out in the code update, specifically the number of chickens 
that can be kept portion. 
2. Mayor Quinton explained whenever a resident use is vacated in the event of involuntary 
damage or destruction due to fire or other event beyond the owner's control in the 
Downtown and General Commercial Zones, an appraiser would ask the City if the 
structure could be rebuilt and, if so, was there a timeframe. The John Day Development 
code is silent on the timeframe; this text amendment proposes a three (3) year timeframe 
for rebuilding. 
2 
City of John Day City Council Meeting Minutes - January 10, 2012 
3. Neighborhood Meetings text amendment will allow the Planning Official to waive the 
notification and meeting procedures where the applicant submits written consents from 
all owners of property within 100 feet of the site declining the meeting invitation. Mayor 
Quinton thought this text amendment in certain cases is prudent. 
Mayor Quinton stated all of the text amendments are included in Ordinance No. 12-151-01 and amended 
in the John Day Development Code. 
Councilor Schuette made a motion to close the public hearing, Councilor Caldwell seconded the motion. 
The public hearing was closed at 7:06 p.m. The motion passed unanimously. 
Councilor Schuette moved to read Ordinance No. 12-151-01 by title only; Councilor Caldwell seconded 
the motion, the motion passed unanimously. 
Mayor Quinton read Ordinance No. 12-151 -01, an Ordinance in the Matter of Adopting Text 
Amendments to the City of John Day Land Use and Development Code ("Development Code") by title 
only. 
Councilor Donn Willey moved to adopt Ordinance No. 12-151-01, Councilor Officer seconded the 
motion. The motion passed unanimously. 
Agenda Item No. 5 - Safe Communities Coalition Supplemental Budget Hearing - 7:30 p.m. 
Mayor Quinton stated this public hearing was advertised to open at 7:30 p.m. Mayor Quinton stated the 
council will move onto the Item No. 6 on the agenda and come back to Agenda Item No. 5 at 7:30 p.m. to 
open the public hearing on the supplemental budget. 
Agenda Item No. 6 - Discuss for Appointment Paul Smith and Reappointment of Tom Wilson to 
the John Day Planning Commission 
Mayor Quinton introduced Paul Smith who has applied for a Planning Commission seat vacated by Chris 
Maynard. Mayor Quinton stated Tom Wilson has agreed to serve another four-year term on the John Day 
Planning Commission and Dean Nodine has agreed to serve a three-year term. 
Councilor Chris Labhart made a motion to appoint Paul Smith to the John Day Planning Commission 
with a term to expire January 2016; to reappoint Tom Wilson to the Planning Commission with a term to 
expire January 2016 and to reappoint Dean Nodine for a three-year term to expire 2015; Councilor 
Officer seconded the motion. The motion passed unanimously. 
Agenda Item No. 7 - Discuss Vacancies on the John Day Budget Committee 
Mayor Quinton stated we have two members of the Budget Committee whose terms expire on the first 
council meeting in January 2012. Maurice Kimball has moved to Florence, OR and is no longer eligible 
to be a member of the Budget Committee and Joyce Nodine has served since 1991 and said she felt it was 
time for someone else to serve. Mayor Quinton stated he appreciated Joyce's commitment to the Budget 
Committee and asked that a letter be sent to Joyce thanking her for dedication and for her years of service 
on the Budget Committee. 
3 
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Councilor Officer stated the City is losing two good members of the Budget Committee. It was the 
consensus of the Council to allow staff to advertise for the positions. 
Agenda Item No. 8 - Discuss Appointment of Representative from Cities of Grant County to the 
Board of Greater Eastern Oregon Development Corporation (GEODC) 
Mayor Quinton stated Canyon City Manager Tammy Bremner has been the cities representative to the 
Greater Eastern Oregon Development Corporation (GEODC) Board of Directors for a very long time. 
Tammy feels it is now time for someone else to step up and represent the cities of Grant County. 
Mayor Quinton stated we're not sure what the appointment entails because we have never received a . 
report from Tammy. City Manager Gray stated she spoke with the Executive Director of GEODC, 
Melissa Drugge. Melissa stated there are 30 board member positions and GEODC represents seven 
counties. The board meets quarterly; an annual meeting in February or early March and then quarterly 
usually in July and October. All but the annual meeting can be attended by phone. Melissa explained 
GEODC has two sides 1.) The business development side and 2.) the community development side. The 
meetings are two hours long and GEODC receives an annual planning grant that can help cities with 
planning projects such as the fire station. The individual appointed must be either an elected official or 
employees of that city, 
Councilor Officer asked City Manager Gray if she was interested in being on the board. City Manager 
Gray stated she would put her name in if no one else wanted to; however, the representative has to be 
selected by all of the cities of Grant County. Mayor Quinton explained that GEODC is a "intermediary 
lender" and they will help if a lending institution, for an example, wants to do a loan for someone but 
doesn't feel comfortable doing the whole thing, then GEODC comes in behind as a gap funder. They also 
administer loan programs for other organizations; they have administered the SE Regional Alliance 
Revolving Loan Fund for years, Sondra Lino was very instrumental in that. GREAT is putting together a 
small revolving loan fund and GEODC is probably going to administrator that fund. 
Mayor Quinton stated the time spent on the board each month would be minimal and felt it would be 
worth the City Manager's time to be on the board. Mayor Quinton stated if Peggy is appointed he would 
appreciate the minutes of the meeting being passed along to all the city councils. It was the consensuses 
of the City Council to have City Manager Gray -throw her name in the ring for the appointment of 
representative from Cities of Grant County to the board of GEODC. 
Agenda Item No. 9 - Discuss and Appoint a Budget Officer 
Mayor Quinton stated City Manager Gray was budget officer last year and stated the Budget Process 
Schedule is included in the Council packets. Councilor Doug Gochnour gave a gentle reminder that last 
year during the budget hearing process; we said we would share the comments and testimony of the 
budget hearing with the Budget Committee in order for them to read the public comments. City Manager 
Gray stated yes, the minutes of the Budget Public Hearing will be included in their budget packets. 
Manager Gray stated she would also like to put the minutes of the auditor's report in the budget packets in 
order for the Budget Committee to read the auditor's comments. Mayor Quinton suggested the minutes 
of both the public hearing and the auditor's report should be included for anyone who requests a copy of 
the budget. 
Councilor Labhart stated last year we also talked about simplifying the budget so that a lay person could 
understand the budget easier. Anna Bass of Oster Professional stated the budget summary can be broke 
4 
City of John Day City Council Meeting Minutes - January 10, 2012 
down; to break down the budget itself would require more line items. Mayor Quinton thought it wouldn't 
need to be in the actual budget document; just in the summary page. Ms. Bass agreed and stated as long 
as we meet certain requirements in the summary page; we can break it down to as detailed as you want it 
to be; just be aware the more detail in the summary, the more space you take in the paper and the more 
expensive it is to advertise. 
Mayor Quinton stated the budget process will be different this year and he wants the Budget Committee 
members to sit at the table with the City Council. 
Councilor Labhart moved to appoint City Manager Peggy Gray as budget officer for fiscal year 2012-
2013; Councilor Caldwell seconded the motion. The motion passed unanimously. 
At this time Mayor Quinton stated we have five minutes before the 7:30 p.m. supplemental budget 
public hearing opens. As the next agenda item will take longer than five minutes; Mayor Quinton 
stated the Council will have a five minute recess and come back at 7:30 p.m. to open the 
supplemental budget public hearing. 
Agenda Item No. 5 - Safe Communities Coalition Supplemental Budget Hearing 
At 7:30 p.m. Mayor Quinton opened the public hearing for the Safe Communities Coalition Supplemental 
Budget Hearing. Mayor Quinton explained last August 2011, the City Council voted to act as the fiscal 
agent for Grant County Safe Communities Coalition for fiscal year 2012. As such, when the Council 
adopted the annual budget, the City did not know they would be taking over the administration duties of 
the Grant County Safe Communities Coalition and in order to be able to expend funds and provide the 
necessary administrative duties for the Safe Communities Coalition, the Council will need to adopt a 
supplemental budget as per Oregon Budget Law (ORS 294.480(1) (b). 
Mayor Quinton stated for the record that this is not money that the City is giving to the Safe Communities 
Coalition; the City is only acting as their fiscal agent. Mayor Quinton wanted to clarify any 
misconceptions that the public has about this. 
He asked if there was anyone in the audience that had any comments regarding the supplemental budget; 
none were presented. Mayor Quinton asked if any of the Councilors had any comments regarding this; 
there were none. Councilor Gochnour stated this was pretty perfunctory. 
There being no further questions or comments, Councilor Schuette moved to close the public hearing; 
Councilor Gochnour seconded the motion. The motion passed unanimously the public hearing was 
closed at 7:32 p.m. 
Councilor Schuette moved to adopted Resolution No. 12-677-01, a resolution to adopt supplemental 
budget for fiscal year 2011-2012; Councilor Caldwell seconded the motion. The motion passed 
unanimously. 
Agenda Item No. 10 - Discuss Proposal from Oregon Telephone Corporation fOTC) 
Mayor Quinton presented a red-lined proposal to the City Council that was included in their council 
packets. He asked City Manager Gray to inform the Council of her conversation with city attorney 
Jeremy Green. City Manager Gray stated Jeremy had the following comments related to the relined 
proposal: 
5 
City of John Day City Council Meeting Minutes - January 10, 2012 
1. Jeremy wanted to know what effective date the Council wanted to use. Councilor Schuette 
suggested to have the agreement effective upon date of signature; not to have it retro back to 
last year. Council agreed. 
2. Jeremy concurred to adding the additional language from CenturyTel's agreement in Section 
2.2 Relocation. 
3. Section 4 Franchise Fees - City Manager Gray referred the Council to Ms. Kluser's 
December 28, 2011 letter proposing OTCjwill agree to a fee of the greater of one-thousand 
five-hundred dollars ($1,500.00) or the seven percent (7%) of gross revenues derived from 
end users served on fiber placed in the City's Rights-of-Way. This would include fiber 
placed beginning August, 2010 and on into the future. However, on the red-lined version she 
sent, she accepted Jeremy's language. Jeremy is concerned that Ms. Kluser might be 
confused as she is saying end users in her Dec. 28th letter; but in the red-lined version she's 
accepting Jeremy's language that states gross revenue is any and all revenues that are 
generated from the rights-of-way. He thought we should clarify it now because in the future 
OTC could say that was not their intent and litigate. Jeremy felt the City would win with the 
language in the draft ordinance; however with litigation, comes more legal expenses. City 
Manager Gray explained a "Wholesale Customer" would not be an "end user" but they re-sell 
the communications services to third-parties within the city limits. If the "Wholesale 
Customer" clause is not included in the franchise agreement, it could cause problems in the 
future if OTC sells their service to a wholesale customer. It was the consensus of the Council 
to use the red-line version of the agreement and not pursue the "Wholesale Customer" 
language in the agreement. Councilor Schuette stated he was ok with the $1,500 but would 
rather see the language of twenty-five cents per lineal foot. He was concerned that (let's say) 
next year they put in another 4,000' of cable with no users and then the next year they put in 
another 4,000' of cable with no users, the City doesn't get any more money; he thought it was 
something the Council should think about, the $1,500 gives them a lot of leeway. 
4. Section 6.1 Term of Franchise - Ms. Kluser would like to add the language "the City in good 
faith, will negotiate a new agreement upon the expiration of the initial term." Jeremy stated 
this language states the City will negotiate and renew the agreement, it binds the City. He felt 
it should be more precise with a termination date as written in the original draft. Mayor 
Quinton suggested it should say "both parties" and had concerns with one council binding a 
future council. Suggested maybe an asterisk that states that. Councilor Schuette stated the 
City has other 10-year franchise agreements and doesn't see that as a problem. After 
discussion it was the consensus of the City Council to suggest instead of the "City in good 
faith" it should say "Both parties in good faith; will negotiate a new agreement upon the 
expiration of the initial term." 
5. Jeremy concurred with adding the "Force Majeure" clause back into the franchise agreement. 
The Council accepted the red-lined version proposed by Ms. Kluser with revision to Section 6.1 and 
directed City Manager Gray to communicate the revision to Ms. Kluser and work towards a final 
agreement. 
Agenda Item No. 11 - Discuss Setting a Date for a Council Goal Setting Work Session 
Mayor Quinton stated it has been one year since the City Council's last goal setting work session. It was 
the consensus of the City Council to hold a goal setting work session before the January 24, 2012 city 
council meeting at 6 p.m. City Manager Gray will advertise the work session. 
6 
City of John Day City Council Meeting Minutes - January 10, 2012 
Agenda Item No. 10 - Other Business and Upcoming Meetings 
1. The December 2011 Statement of Revenue and Expenditure Budget to Actual Reports were given 
to the City Council for their review and information. 
2. LOC Bulletins from December 16th and 23rd were included in the council packets. 
3. December 21, 2011 Newsletter from State Representative Cliff Bentz was included in the council 
packets. 
4. Mayor Quinton announced the LOC Small Cities Region 8 meeting on Thursday, January 12, 
2012 being held at John Day Council Chambers. All City Councilors were invited to attend. 
5. Mayor Quinton read a letter from the John Day Farmer's Market thanking the City of John Day 
for their support. 
6. The December 13, 2011 Advisory Committee for the new fire station were presented to the City 
Council. 
7. Councilor Gene Officer announced that he is changing the name of his real estate business from 
Coldwell Banker to Country Preferred Realtors effective February 1, 2012. 
8. Mayor Quinton stated Valley View Assisted Living is under new- ownership and they will be 
putting in a new memory care wing. 
9. Councilor Labhart announced the John Day Planning Commission approved the Site Design 
Review for the new Regional Acute Care Facility on January 5, 2012. The facility will create 20 
- 25 jobs and contribute approximately 1.1 million annual payroll dollars back into the 
community. 
Adjourn 
There being no further business before the Council, Councilor Donn Willey made a motion to adjourn the 
meeting. Councilor Don Caldwell seconded the motion and the motion passed unanimously. The meeting 
was adjourned at 9:00 p.m. 
Respectfully Submitted: 
Peggy Gray 
City Manager 
ACCEPTED BY THE CITY COUNCIL, JANUARY 24, 2012 
Mayor Bob Quinton 
7 
IN THE CIRCUIT COURT OF THE STATE OF OREGON 
FOR GRANT COUNTY 
AFFIDAVIT OF PUBLICATION 
S T A T E O F O R E G O N 
County of G R A N T } S S 
Trista Cox being duly sworn, depose and 
say that I am the principal clerk of the publisher of the Blue Mountain Eagle, a newspaper 
of general circulation, as defined by ORS 193.010 and 193.020; printed and published at 
John Day in the aforesaid county and state; that the 
City of John Day - Public Notice 
a printed copy of which is here to annexed; was published in the entire issue of said 
newspaper for 1 successive and consecutive issues in the following issues: 
December 21, 2011 
Subscribed and sworn to before me on this 21st day of December, 2011 
a 
Notary Public of Oregon 
PUBLIC NOTICE 
John Day Development Code Update Joint Public 
Hearing of the John Day City Council and Planning 
Commission 
The John Day City Council and Planning Commission will be 
holding a joint public hearing regarding the adoption of 
Ordinance No.12-151-01 an ordinance adopting text amend-
ments to the City of John Day Land Use and Development 
Code on Tuesday, January 10, 2012 at 7 p.m., John Day 
City Council Chambers, 450 East Main Street, John Day, 
OR. - • 
The purpose of the meeting is for the John Day Planning 
Commission to make a recommendation to the John Day • 
City Council on the number of animals that can be kept with-
in the city limits of John Day; determine that a time limit be 
placed on nonconforming development (Single Family 
Dwelling in Downtown and General Commercial District); 
and deem it necessary to. allow the Planning Official to waive 
the notification and meeting procedures in certain cases for 
Neighborhood Meetings. 
5-4.1 - Types of Applications and Review Procedures - Type IV (Legislative) 
5-4.1.050 Type IV Procedure (Legislative) 
A. Pre-Application Conference. A pre-application conference is required for all Type 
IV applications initiated by a party other than the City of John Day. The 
requirements and procedures for a pre-application conference are described in Section 
5-4.1.060.C. 
B. Timing of Requests. The City may establish a schedule for when it will accept 
legislative code amendment or plan amendment requests. The City Council may 
initiate its own legislative proposals at any time. Legislative requests are not subject 
to the 120-day review period under ORS 227.178. 
C. Application Requirements. 
1. Application forms. Type IV applications shall be made on forms provided by the 
City Planning Official. 
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. One copy of a letter or narrative statement that explains how the application 
satisfies each and all of the relevant approval criteria and standards. 
D. Notice of Hearing. 
1. Required hearings. A minimum of two (2) hearings, one before the Planning 
Commission and one before the City Council, are required for all Type IV 
applications. 
2. Notification requirements. Notice of public hearings for the request shall be 
given by the City Planning Official in the following manner: 
a. At least twenty (20) days, but not more than forty (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 for any Land Use 
District Change, a notice shall be prepared in conformance with ORS 227.175 
and mailed to: 
City of John Day 
Development Code 
4-20 DRAFT 
October 2010 
(1) Each owner whose property would be rezoned in order to implement the 
ordinance (including 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) Any person who requests notice in writing; 
(4) For a zone change affecting a manufactured home or mobile home park, 
all mailing addresses within the'park, in accordance with ORS 227.175; 
(5) Owners of airports shall be notified of a proposed zone change in 
accordance with ORS 227.175. 
b. At least ten (10) days before the scheduled Planning Commission public 
hearing date, and fourteen (14) days before the City Council hearing date, 
public notice shall be published in a newspaper of general circulation in the 
City. 
c. The City Planning Official shall: 
(1) For each mailing of notice, file an affidavit of mailing in thè record as 
provided by subsection a; and 
(2) For each published notice, file in the record the affidavit of publication in 
a newspaper that is required in subsection b. 
d. The Oregon Department of Land Conservation and Development (DLCD) 
shall be notified in writing of proposed comprehensive plan and development 
code amendments at least forty-five (45) days before the first public hearing at 
which public testimony or new evidence will be received. The notice to 
DLCD shall include a DLCD Certificate of Mailing. 
e. Notifications for annexation shall follow the provisions of this Chapter. 
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 Planning Official's office where additional 
information about the application can be obtained; 
b. The proposed site location; 
City of John Day 
Development Code 
4-21 DRAFT 
October 2010 
c. A description of the proposed site and the proposal in enough detail for people 
to determine what 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 Section 5-4.1.050.E); and ' 
e. Each mailed notice required by Section 5-4.1.050.D shall contain the 
following statement: "Notice to mortgagee, lien holder, vendor, or seller: 
The City of John Day Development Code 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; 
b. Published notice is deemed given on the date it is published. 
E. 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 their full name and 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. 
City of John Day 
Development Code 
4-22 DRAFT 
October 2010 
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 City Planning Official's report and other applicable 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. 
F. 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. 
G. Decision-Making Criteria. The recommendation by the Planning Commission and 
the decision by the City Council shall be based on the following factors: 
1. Approval of the request is consistent with the Statewide Planning Goals; 
2. Approval of the request is consistent with the Comprehensive Plan; and 
3. The property and affected area is presently provided with adequate public 
facilities and services, including transportation, sewer and water systems, to 
support the use, or such facilities and services are provided for in adopted City 
plans and can be provided concurrently with the development of the property. 
H. 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 
City of John Day 
Development Code 
4-23 DRAFT 
October 2010 
b. Within fourteen (14) business days of determining a recommendation, the 
presiding officer shall sign the written recommendation, and it shall be filed 
with the City Planning Official. 
2. Any member of the Planning Commission who votes in opposition to the 
Planning Commission's majority recommendation may file a written statement of 
opposition with the City Planning Official before the Council public hearing on 
the proposal. The City Planning Official shall send a copy to each Council 
member and place a copy in the record; 
3. 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 sixty (60) days of its first public hearing on the 
proposed change, the City Planning Official 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 for the City 
Council to hold a public hearing make a decision. The Commission shall take 
no further action. 
4. 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, the City 
Council 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. 
I. 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. 
J. 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 (5) business days after the City Council decision is filed with the City 
City of John Day 
Development Code 
4-24 DRAFT 
October 2010 
' Planning Official. The City shall also provide notice to all persons as required by 
other applicable laws. 
K. 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. 
L, 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 
verbatim, but the meeting minutes shall be filed in hardcopy form with the City 
Recorder. 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 Planning Official 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 that were given as required by this Chapter. 
City of John Day 
Development Code 
4-25 DRAFT 
October 2010