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Hood River City Zoning Code

17.08 Zone

Changes and Plan Amendments

Legislative History: Ord. 1488 (1980); Ord. 1637 (1991); Ord. 1774 (1999); Ord. 1816 (2001); Ord. 1877 (2005); Ord. 2002 (2011)

17.08.010 Legislative zone changes and plan amendments.

Legislative zone changes or plan amendments (“zone or plan changes”) may be proposed by the Planning Commission or City Council. Such proposed changes shall be broad in scope and considered legislative actions. The City Council shall obtain a recommendation on the proposed changes from the Planning Commission. The recommendation of the Planning Commission shall be forwarded to the City Council within sixty (60) days after it is requested from the Planning Commission. The Planning Commission shall conduct at least one (1) public hearing to assist in formulating its recommendation. The City Council shall conduct its own public hearing. Public notice of the legislative zone or plan change hearing before the City Council shall be published in a newspaper of general circulation within the city at least twenty (20) days prior to the date of the hearing.

17.08.020 Legislative Zone Changes and Plan Amendments Criteria.

A. Legislative zone or plan changes may be approved if

1. The effects of the change will not be unreasonably harmful or incompatible with existing uses on the surrounding area; and

2. Public facilities will be used efficiently; and

3. No unnecessary tax burden on the general public or adjacent land owners will result.

B. Legislative zone or plan changes may be approved if subsection (A) above is met and one or more of the following, as applicable, are met:

1. A mistake or omission was made in the original zone or plan designation.

2. There is not an adequate amount of land designated as suitable for specific uses.

C. The hearing body shall consider factors pertinent to the preservation and promotion of the public health, safety, and welfare, including, but not limited to

1. The character of the area involved;

2. It’s peculiar suitability for particular uses;

3. Conservation of property values; and

4. The direction of building development.

17.08.030 Quasi-judicial zone changes and plan amendments.

A quasi-judicial zone or plan change may be initiated only by the application(s) of the owner(s) or authorized agent of the subject property.

A. An application for a quasi-judicial zone or plan change shall be submitted to the City Planning Department. The application shall include

1. The applicable fee.

2. A statement by the applicant explaining the proposed zone or plan change, including existing zoning and proposed zoning.

3. The tax map of the area being considered for a zone or plan change, indicating boundaries, existing zoning, and existing comprehensive plan designation;

4. A copy of a document showing ownership of the subject property, and if the applicant is not the owner, a letter of authorization from the owner;

5. A vicinity map showing the subject property and the surrounding parcels, together with their current zoning;

6. The reason(s) for requesting the zone change;

7. Existing site conditions, including but not limited to: topography, public facilities and services, natural hazards, natural areas, open space, scenic and historic areas, transportation, and present use of the site;

8. An explanation of how the zone change complies with the Comprehensive Plan and criteria in this chapter;

9. A statement of the potential effect(s) of the zone or plan change on the site; and

10. If an exception to a goal is required, applicant shall submit documentation establishing compliance with Oregon Revised Statute ORS 197.732 and any applicable Oregon Administrative Rules.

B. The Planning Director shall schedule at least one (1) public hearing on the application for zone or plan changes before the Planning Commission. The Planning Commission shall forward its recommendation to the City Council, which shall approve, approve with conditions, or deny the application.

C. The application shall not be approved unless the proposed zone or plan change would be in compliance with the Comprehensive Plan and the criteria set forth in this chapter.

D. Hearings under this chapter may be held only after required notification and shall be conducted in conformance with the Review Procedures (Chapter 17.09).

17.08.040 Quasi-judicial zone changes and plan amendments criteria.

A. Quasi-Judicial zone or plan changes may be approved if the change will not be unreasonably harmful or incompatible with existing uses and one or more of the following exist:

1. A mistake was made in the original zone or plan designation; or

2. There is a public need for the change, and this identified need will be served by changing the zone or plan designation for the subject property(ies); or

3. Conditions have changed within the affected area, and the proposed zone or plan change would therefore be more suitable than the existing zone or plan designation.

B. The hearing body shall consider factors pertinent to the preservation and promotion of the public health, safety, and welfare, including, but not limited to:

1. The character of the area involved;

2. It’s peculiar suitability for particular uses;

3. Conservation of property values; and

4. The direction of building development.

17.08.050 Transportation planning rule (legislative and quasi-judicial).

A. Zone changes and amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following:

1. Limiting allowed land uses to be consistent with the planned function of the transportation facility;

2. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule;

3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes;

4. Amending the Transportation System Plan to modify the planned function, capacity or performance standards of the transportation facility.

B. A plan or land use regulation amendment significantly affects a transportation facility if it

1. Changes the functional classification of an existing or planned transportation facility;

2. Changes standards implementing a functional classification system;

3. As measured at the end of the planning period identified in the adopted transportation system plan or, when evaluating highway mobility on state facilities, as measured at the end of the 20 year planning horizon or a planning horizon of 15 years from the proposed date of the amendment adoption, whichever is greater:

a. Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility;

b. Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan; or

c. Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan.

C. Traffic Impact Analysis. A Traffic Impact Analysis or Traffic Assessment Letter shall be submitted with a plan or land use regulation amendment or a zone change application. (See Section 17.20.060 Transportation Impact Analysis).

17.08.060 Record of zone changes and plan amendments.

The Planning Department shall maintain records of amendments to the text and zoning map of this title.

17.08.070 Limitation on re-applications.

No reapplication of a property owner for a zone or plan change shall be considered within a six (6) month period following a previous denial of such request.