Myrtle Creek City Zoning Code
CHAPTER 18
180 AMENDMENTS AND ZONE CHANGES
§ 18.180.010 Authorization to initiate amendments.
Whenever public necessity, convenience or general welfare requires amendments to the provisions of this title, they may be initiated by the city council, by the planning commission or by application of a property owner or his authorized agent.
(Ord. 508 § 8.01.0, 1982)
§ 18.180.020 Application procedure and service charge.
An application for amendment by a property owner or his authorized agent shall contain the information described in MCMC § 18.185.140 and shall be filed with the planning department at least 30 days prior to the date of hearing upon forms prescribed for that purpose. If the proposed amendment involves a change to the comprehensive plan text or map that requires notice to the Department of Land Conservation and Development, the application shall be submitted at least 60 days prior to the date of the hearing. The application shall be accompanied by a service charge established by the city of Myrtle Creek handbook of fees and charges.
(Ord. 508 § 8.02.0, 1982)
§ 18.180.030 Public hearing on amendments.
(1)
In judging whether or not a zone change or amendment shall be initiated, approved, modified or denied, the planning commission shall establish the proposal's appropriateness and desirability or the public convenience or necessity to be served and shall establish compliance with the comprehensive plan and other applicable policies of the city by adoption of findings of fact. Prior to making a recommendation for approval or denial, the planning commission shall conduct a public hearing on the proposed amendment or zone change. Such public hearing shall be conducted pursuant to the provisions of MCMC §§ 18.185.210 through 18.185.270. In making their recommendation, the planning commission may impose any of those conditions set forth in MCMC § 18.150.030, which it finds necessary to carry out the purpose of this title and to otherwise achieve the objectives of the comprehensive plan.
(2)
The planning commission findings and recommendation shall be forwarded to the city council, whereupon the council shall either grant the amendment or zone change in whole or in part by adoption of findings of fact and by the adoption of an ordinance, or deny the same by appropriate motion and findings of fact. Such public hearing shall be limited to the record established by the planning commission. Notice of the hearing shall be provided only to those parties qualified by the planning commission, and the parties shall be given an opportunity to speak at the hearing. At the hearing, or at a subsequent hearing, the council shall take final action on the decision of the planning commission. The decision of the council shall be based on the record of hearing, except that the planning commission, in the case of a major reclassification or an amendment or zone change initiated by the planning commission, may recommend that the city council conduct a de novo hearing prior to final action.
(3)
Notice of each hearing shall be in accordance with MCMC § 18.180.040.
(4)
The findings of fact explain the criteria and standards considered relevant to the decision, state the facts relied upon in rendering the decision and explain the justification for the decision based on the comprehensive plan and other applicable criteria, standards and facts.
(5)
Records of amendments to the text and map of this title shall be maintained in a form convenient for use by the public.
(Ord. 508 § 8.03.0, 1982)
§ 18.180.040 Notice.
(1)
At least 20 days prior to the quasi-judicial hearing by the city planning commission, notice thereof shall be given as provided in MCMC §§ 18.185.170 and 18.185.180.
(a)
Notice for hearings involving quasi-judicial zone changes and comprehensive plan amendments shall also be given by publication in a newspaper of general circulation in the area affected at least 10 days prior to the date of the hearing.
(2)
If the application proposes an exception to a statewide planning goal, such exception shall specifically be noted in the notice.
(3)
At least 10 days prior to the hearing by the city council, notice of the city council public hearing shall be provided to all parties of quasi-judicial decisions.
(a)
A notice of the city council public hearings involving legislative zone changes and comprehensive plan amendments shall also be given by publication in a newspaper of general circulation in the area affected at least 10 days prior to the date of the hearing.
(Ord. 508 § 8.03.1, 1982)
§ 18.180.050 Additional procedures effecting a zone change.
It is the purpose and intent of MCMC §§ 18.180.060 through 18.180.080 to provide additional procedures in the matter of effecting a change of zone so that the health, safety and general welfare and environmental amenities of the citizens of the city are ensured as certain development occurs.
(Ord. 508 § 8.04.0, 1982)
§ 18.180.060 Resolution of intent to change zone.
If, from the report and recommendation of the planning commission as required by this title, the city council determines that the public health, safety, welfare and convenience will be best served by the requested zone change or any portion thereof, the council may indicate its general approval in principle of the change of zone by the adoption of a "resolution of intent to change the zone" of said property. This resolution shall include any conditions, stipulations or limitations which the council may feel necessary to impose in the public interest as a prerequisite to final action.
(Ord. 508 § 8.04.1, 1982)
§ 18.180.070 Resolution of intent binding.
The fulfillment of all conditions, stipulations and limitations contained in the "resolution of intent" to effect a change of zone on the part of the applicant shall make such resolution a binding commitment on the council.
(Ord. 508 § 8.04.2, 1982)
§ 18.180.080 Resolution of intent void upon failure to comply.
Upon fulfillment of all conditions by the applicant, the council shall, by ordinance, effect such change of zone. The failure of the applicant to substantially meet any or all conditions, stipulations or limitations contained in a "resolution of intent" to effect a change of zone, including the time limit placed on the resolution, shall render said resolution null and void, unless an extension is granted by the council upon recommendation of the planning commission. In the event of a change of zone approval by the council, but not on the basis of a "resolution of intent" to effect a change of zone, the council shall by ordinance effect such change of zone.
(Ord. 508 § 8.04.3, 1982)
§ 18.180.090 Amendments affecting transportation facilities.
(1)
A plan or land use regulation amendment significantly affects a transportation facility if it:
(a)
Changes the functional classification of an existing or planned transportation facility;
(b)
Changes standards implementing a functional classification system;
(c)
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; or
(d)
Would reduce the performance standards of the facility below the minimum acceptable level identified in the transportation system plan.
(2)
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 performance standards of the facility identified in the transportation system plan.
(a)
The proposed amendment shall comply with the statewide planning goals and applicable administrative rules, which include OAR 660-12, Transportation Planning Rule. The applicant shall certify that the proposed land use designations, densities or design standards are consistent with the function, capacity and performance standards for roads identified in the city transportation system plan.
(b)
The applicant shall cite the identified comprehensive plan function, capacity and performance standard of the road used for direct access and provide findings that the proposed amendment will be consistent with the city transportation system plan.
(c)
The jurisdiction providing direct access (city, county or ODOT) may require the applicant to submit a traffic impact study (TIS) certified by a traffic engineer that supports the findings used to address subsection (2)(a) of this section.
(Ord. 508 § 8.05.0, 1982)
§ 18.180.100 Minor text corrections.
The administrator may correct MCMC Title 17 and this title and the comprehensive plan without prior notice or hearing, so long as the administrator does not alter the sense, meaning, effect, or substance of any adopted ordinance and, within such limitations, the administrator may:
(1)
Renumber chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies, of MCMC Title 17 and this title and the comprehensive plan;
(2)
Rearrange chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies;
(3)
Change reference numbers to agree with renumbered chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies;
(4)
Delete references to repealed chapters, articles, sections, subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies;
(5)
Substitute the proper chapter, article, section, subsection, finding, goal, objective, or policy numbers;
(6)
Change capitalization and spelling for the purpose of uniformity;
(7)
Correct manifest clerical, grammatical or typographical errors; and
(8)
Change the name of an agency by reason of a name change prescribed by law.
The administrator shall maintain a record, available for public access, of all corrections made under this section. |
Corrections to MCMC Title 17 and this title and the comprehensive plan made by the administrator pursuant to this section are prima facie evidence of the law, but they are not conclusive evidence. If any correction to MCMC Title 17 and this title and the comprehensive plan made pursuant to this section differs in sense, meaning, effect, or substance from any adopted ordinance, the adopted ordinance shall prevail. |
(Ord. 508 § 1.08.0, 1982)
