Madras City Zoning Code
18.75 Amendments
(1) Applicability, Procedure and Authority. Quasi-judicial amendments generally refer to a plan amendment or zone change affecting a single or limited group of properties and that involves the application of existing policy to a specific factual setting. Quasi-judicial amendments shall follow the Type III procedure using the standards of approval in subsection (2) and/or (3) of this section, as applicable. Based on the applicant’s ability to satisfy the approval criteria, the application may be approved, approved with conditions, or denied.
(2) Criteria for Quasi-Judicial Comprehensive Plan Map Amendments. The applicant shall submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
18.75.010 Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Development Code, the Comprehensive Plan and map, and the Zoning Map. These will be referred to as “map and text amendments.” Map and text amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. Map and text amendments may be proposed by the City Council, Planning Commission, the Community Development Director, or any other person. [Ord. 933 § 15.1, 2019.]
18.75.020 Legislative amendments.
(1) Applicability, Procedure, and Authority. Legislative amendments generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the Comprehensive Plan and map, Development Code, and Zoning Map which are not directed at a small number of properties. They are reviewed using the Type IV procedure.
(2) Criteria for Legislative Amendments. The applicant shall submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve or to deny an application for a legislative amendment shall be based on all of the following criteria:
(a) The request is consistent with the applicable state land use law;
(b) The request is consistent with the applicable Comprehensive Plan goals and policies; and
(c) The applicant can demonstrate a public need or benefit for the proposed amendment. [Ord. 933 § 15.2, 2019.]
18.75.030 Quasi-judicial amendments.
(1) Applicability, Procedure and Authority. Quasi-judicial amendments generally refer to a plan amendment or zone change affecting a single or limited group of properties and that involves the application of existing policy to a specific factual setting. Quasi-judicial amendments shall follow the Type III procedure using the standards of approval in subsection (2) and/or (3) of this section, as applicable. Based on the applicant’s ability to satisfy the approval criteria, the application may be approved, approved with conditions, or denied.
(2) Criteria for Quasi-Judicial Comprehensive Plan Map Amendments. The applicant shall submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
(a) Approval of the request is consistent with the relevant Statewide Planning Goals that are designated by the Community Development Director;
(b) Approval of the request is consistent with the relevant policies of the Comprehensive Plan that are designated by the Community Development Director;
(c) The property and affected area are presently provided with adequate public facilities, services, and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property;
(d) Evidence of change in the neighborhood or community or a mistake or inconsistency in the Comprehensive Plan or Zoning Map regarding the property that is the subject of the application; and
(e) Approval of the request is consistent with the provisions of the Transportation Planning Rule.
(3) Criteria for Quasi-Judicial Zone Changes. The applicant must submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial zone change must be based on meeting the following criteria:
(a) The amendment will bring the Zoning Map into conformance with the Comprehensive Plan map;
(b) The property and affected area is presently provided with adequate public facilities, services, and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property; and
(c) Approval of the request is consistent with the provisions of the Transportation Planning Rule. [Ord. 933 § 15.3, 2019.]
18.75.040 Record of amendments.
The Community Development Department and the City Recorder shall maintain records of map and text amendments to the ordinance. [Ord. 933 § 15.4, 2019.]
18.75.050 Limitation on reapplication.
No application of a property owner for a rezone shall be considered by the Planning Commission within a one-year period immediately following a previous denial of such request. [Ord. 933 § 15.5, 2019.]
18.75.060 Notification of decision.
Within five working days after a final decision on an amendment to the Comprehensive Plan and map, Development Code, or Zoning Map, the Community Development Department shall provide the applicant and the Oregon Department of Land Conservation and Development a complete copy of the City Council decision, and shall also provide notice of the decision to all persons who participated in the local proceedings and requested in writing that they be given notice. The notice shall meet the requirements of ORS 197.615. [Ord. 933 § 15.6, 2019.]