An amendment to the text of this title or to the zoning maps may be initiated by the county court, the planning commission, the planning director or by application of a property owner. (Ord. 86, 12-7-1993)
6-10-2: HEARING REQUIRED:
Public hearings before the planning commission shall be set at the discretion of the planning director, unless otherwise required by state law. (Ord. 86, 12-7-1993)
6-10-3: NOTICE:
A. Published Notice:
1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least twenty (20) days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration.
B. Posted Notice: Notice shall be posted at the discretion of the planning director, and where necessary to comply with ORS 203.045.
C. Individual Notice: Individual notice to property owners, as defined in section 6-11-3 of this title, is not required unless the planning director or planning commission determines otherwise.
D. Media Notice: Copies of the notice of hearings shall be transmitted to other newspapers published in Malheur County. (Ord. 86, 12-7-1993)
6-10-4: INITIATION OF LEGISLATIVE CHANGES:
A legislative change may be initiated by application of individuals upon payment of required fees as well as by the county court or the planning commission. (Ord. 86, 12-7-1993)
6-10-5: HEARINGS BODY:
A. The following shall serve as hearings or review body for legislative changes in this order:
1. The planning commission.
2. The county court.
B. Any legislative change initiated by the county court shall be reviewed by the planning commission prior to action being taken by the county court. (Ord. 86, 12-7-1993)
6-10-6: FINAL DECISION:
All legislative changes shall be adopted by ordinance. (Ord. 86, 12-7-1993)
6-10-7: COMPLIANCE WITH COMPREHENSIVE PLAN:
In considering an amendment to the text or the zoning maps, the planning commission and county court shall determine the following:
A. That the proposed change is consistent with the comprehensive plan.
B. That the level of development in other locations has reached the point whereby additional land is needed for the proposed use(s), and that the area of the proposed change can best meet such needs.
C. That adequate rural services are available and will not be overburdened.
D. That amendments to the text or zoning map 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; or
3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes.
A text or zoning map 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. Allows types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility; or
4. Would reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan. (Ord. 125, 6-20-2000)
6-10-8: NOTICE AND RECORD OF ACTIONS:
Notice and record for the county court's final actions will be made in the following manner:
A. A copy of the final court order on the action shall be sent within five (5) working days to the applicant and any other party to the proceedings leading to the adoption, and whomever requested notice in writing. The final order shall be filed in the office of the Malheur County clerk.
B. Amendments to the zoning maps shall be made on certified copies of the Malheur County zoning maps and filed in accordance with sections 6-3-2 and 6-3-3 of this title.
C. Additional copies of final order, amended zoning maps and a record of all minutes of the hearing pertaining to the adoption of such amendments shall be maintained by the planning department and made available to the public.
D. Pursuant to ORS 197.615(1) and OAR 660-18-040, four (4) copies of any amendment and findings to support its adoption shall be submitted to the director of the Oregon department of land conservation and development within five (5) working days after the final decision by the county court. (Ord. 86, 12-7-1993)
Malheur County Unincorporated City Zoning Code
CHAPTER 10
LEGISLATIVE AMENDMENTS
6-10-1: AUTHORIZATION TO INITIATE AMENDMENTS:
An amendment to the text of this title or to the zoning maps may be initiated by the county court, the planning commission, the planning director or by application of a property owner. (Ord. 86, 12-7-1993)
6-10-2: HEARING REQUIRED:
Public hearings before the planning commission shall be set at the discretion of the planning director, unless otherwise required by state law. (Ord. 86, 12-7-1993)
6-10-3: NOTICE:
A. Published Notice:
1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least twenty (20) days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration.
B. Posted Notice: Notice shall be posted at the discretion of the planning director, and where necessary to comply with ORS 203.045.
C. Individual Notice: Individual notice to property owners, as defined in section 6-11-3 of this title, is not required unless the planning director or planning commission determines otherwise.
D. Media Notice: Copies of the notice of hearings shall be transmitted to other newspapers published in Malheur County. (Ord. 86, 12-7-1993)
6-10-4: INITIATION OF LEGISLATIVE CHANGES:
A legislative change may be initiated by application of individuals upon payment of required fees as well as by the county court or the planning commission. (Ord. 86, 12-7-1993)
6-10-5: HEARINGS BODY:
A. The following shall serve as hearings or review body for legislative changes in this order:
1. The planning commission.
2. The county court.
B. Any legislative change initiated by the county court shall be reviewed by the planning commission prior to action being taken by the county court. (Ord. 86, 12-7-1993)
6-10-6: FINAL DECISION:
All legislative changes shall be adopted by ordinance. (Ord. 86, 12-7-1993)
6-10-7: COMPLIANCE WITH COMPREHENSIVE PLAN:
In considering an amendment to the text or the zoning maps, the planning commission and county court shall determine the following:
A. That the proposed change is consistent with the comprehensive plan.
B. That the level of development in other locations has reached the point whereby additional land is needed for the proposed use(s), and that the area of the proposed change can best meet such needs.
C. That adequate rural services are available and will not be overburdened.
D. That amendments to the text or zoning map 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; or
3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes.
A text or zoning map 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. Allows types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility; or
4. Would reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan. (Ord. 125, 6-20-2000)
6-10-8: NOTICE AND RECORD OF ACTIONS:
Notice and record for the county court's final actions will be made in the following manner:
A. A copy of the final court order on the action shall be sent within five (5) working days to the applicant and any other party to the proceedings leading to the adoption, and whomever requested notice in writing. The final order shall be filed in the office of the Malheur County clerk.
B. Amendments to the zoning maps shall be made on certified copies of the Malheur County zoning maps and filed in accordance with sections 6-3-2 and 6-3-3 of this title.
C. Additional copies of final order, amended zoning maps and a record of all minutes of the hearing pertaining to the adoption of such amendments shall be maintained by the planning department and made available to the public.
D. Pursuant to ORS 197.615(1) and OAR 660-18-040, four (4) copies of any amendment and findings to support its adoption shall be submitted to the director of the Oregon department of land conservation and development within five (5) working days after the final decision by the county court. (Ord. 86, 12-7-1993)