Periodically, as local goals and needs change and new information is obtained, the zoning ordinances codified in this Chapter should be updated. The purpose of the zoning ordinance amendment process is to provide a method for carefully evaluating potential changes to ensure that they are beneficial to the city.

An amendment to the text of the Chapter codified by this Chapter may be initiated by the city council, planning commission, a person owning property in the city, or a city resident. An amendment to a zone boundary may only be initiated by the city council, planning commission, or the owner or owners of the property for which the change is proposed.

Property owners or local residents which are eligible to initiate an amendment, or their designated representatives, may begin a request for an amendment by filing an application with the city recorder, using forms prescribed by the city.

The City Recorder shall make or cause to be made an investigation to provide necessary information on the consistency of the proposal with the Comprehensive Plan. The report shall provide a recommendation to the planning commission on the proposed amendment.

1. The following amendment actions are considered legislative under this Chapter:
   1. An amendment to the text of the Section in this Chapter;
   2. A zone change action that the City Recorder has designated as legislative after finding the matter at issue involves such a substantial area and number of property owners or such broad public policy changes that processing the request as a quasi-judicial action would be inappropriate.
2. The following amendment actions are considered quasi-judicial under this Chapter: a zone change that affects a limited area or a limited number of property owners.
   

1. The following procedures shall be followed for amendments determined to be legislative:
   1. Notice of public hearings shall be in accordance with Sections 10.24.010 through 10.24.040. However, notice of the hearing need not include a mailing to property owners when the matter at issue does not relate to a specific geographic area. Where such mailing is omitted, the city recorder shall prepare a notice program designed to reach persons believed to have a particular interest and to provide the general public with a reasonable opportunity to be aware of the hearings on the proposal.
   2. The review of the proposed amendment shall be in accordance with Article 10.24. Both the planning commission and the city council shall hold a public hearing on the proposal. After the planning commission hearing, the planning commission shall forward its recommendation to the City Council.
2. The following procedures shall be followed for amendments determined to be quasi-judicial:
   1. Notice of public hearing shall be in accordance with Sections 10.24.010 through 10.24.040.
   2. The review of the proposed amendment shall be in accordance with Article 10.24. The planning commission shall hold a public hearing on the proposal. The City Council may hold a public hearing on the proposal. After the planning commission hearing, the planning commission shall forward its recommendation to the city council.
      

1. Before an amendment to the text of the Chapter codified in this Chapter is approved, findings will be made that the amendment is consistent with the City’s Comprehensive Plan.
2. Before an amendment to a zone boundary is approved, findings will be made that the following criteria are satisfied:
   1. The amendment is consistent with the comprehensive plan;
   2. The amendment will either:
      1. Satisfy land and water use needs; or
      2. Meet transportation demands; or
      3. Provide community facilities and services.
   3. The land is physically suitable for the uses to be allowed, in terms of slope, geologic stability, flood hazard and other relevant considerations.
   4. Resource lands, such as wetlands are protected.
   5. The amendment is compatible with the land use development pattern in the vicinity of the request.
      

Purpose: The purpose of the conditional zone amendment provision is to enable the city council to attach specific conditions to a request for a zone boundary change where it finds that such conditions are necessary to achieve a stated public purpose.

1. The city council shall have the authority to attach conditions to the granting of amendments to a zone boundary. These conditions may relate to any of the following matters:
   1. The uses permitted;
   2. Public facility improvements such as street improvements, dedication of street right-of-way, sewer, storm drainage, and water;
   3. That all or part of the development or use be deferred until certain events, such as the provision of certain public facilities to the property, occur;
   4. The time frame in which the proposed use associated with the zone boundary change is to be initiated.
2. Conditions, applied to potential uses other than needed housing types as defined by OAR 660-08-005, may be imposed upon a finding that:
   1. They are necessary to achieve a valid public purpose; and
   2. They are designed to achieve their intended purpose and are reasonably related to the land or its proposed use.
   Conditions applied to property with the potential to be used for needed housing types as defined by OAR 660-08-005 may be imposed upon a finding that:
   1. They are necessary to achieve a valid public purpose;
   2. They are designed to achieve their intended purpose and are reasonably related to the land or its proposed use; and
   3. They shall not have the effect, either singly or cumulatively, of discouraging or preventing the construction of needed housing types.
3. Conditions attached to a zone boundary change shall be completed within the time limitations set forth. If no time limitations are set forth, the conditions shall be completed within two years from the effective date of the Chapter enacting the zone boundary change.
4. The city council may require a bond from the property owner or contract purchasers in a form acceptable to the city in such an amount as to assure compliance with the conditions imposed on the zone boundary change. Such a bond shall be posted prior to the issuance of the appropriate development permit.
5. Conditions shall not be imposed which would have the effect of limiting use of the property to one particular owner, tenant or business. Conditions may limit the subject property as to use, but shall not be so restrictive that they may not reasonably be complied with by other occupants who might devote the property to the same or a substantially similar use.
6. Conditions that are imposed under the provisions of this Section shall be construed and enforced as provisions of this zoning code relating to the use and development of the subject property. The conditions shall be enforceable against the applicant as well as their successors and assigns.
7. Requests for modification of conditions shall be considered by the zone amendment application and review procedure of Sections 8.010 through 8.070 of this Chapter.
8. Failure to fulfill any condition attached to a zone boundary change within the specified time limitations shall constitute a violation of this Section and may be grounds for the city to initiate a change in the zone boundary pursuant to the procedures of Sections 8.010 through 8.070.
   

No application of a property owner or local resident for an amendment to the text of the Chapter codified in this Chapter or to the zone boundary shall be considered by the planning commission within the one year period immediately following a previous denial of such request. The planning commission may permit a new application if, in the opinion of the planning commission, substantial new evidence or a change of circumstances warrant reconsideration.

Comprehensive Plan Map