North Bend City Zoning Code

18.84 Amendment

Procedures

A written or voice recorded record shall be taken of all public hearings held under the provisions of this title. Such record shall be kept by the city recorder until the time has expired for initiating all reviews and appeals and during the time that any review or appeal is pending. A written record need not be verbatim but it should include the name and residence of all witnesses, the facts presented by such witnesses and a reference to all other evidence presented.

18.84.010 Zone changes.

(1) An amendment to the zoning map may be initiated by the city council, the planning commission, the planning director or by application of a property owner or his authorized agent. The procedures to be followed in applying for an amendment to the zoning map shall be substantially the same as those provided in applying for and acting on a conditional use permit.

(2) An amendment to the zoning map requires notification as outlined in NBCC 18.84.020.

(3) An amendment to the zoning map shall meet the requirements in NBCC 18.84.020(10). (Ord. 2048 § 15, 2021; Ord. 1952 § 1(4), 2006)

18.84.020 Plan and text amendment, annexations and vacations.

Proposals for amendment of the comprehensive plan and changes in the text of the zoning ordinance may be initiated by the city council, the planning commission, the planning director or by application from a property owner or his authorized agent. A preapplication conference with city staff, where representatives from other affected city departments and public agency staff are invited to attend, is recommended prior to filing an application. Final action on amendments to the comprehensive plan, the text of the zoning ordinance, annexations and vacations shall be taken after public hearings before the city council, and not before the city council receives a report containing findings of the planning commission. All applications and all proposals initiated by the council and planning commission shall be referred to the planning commission which shall make a report of its findings to the council within 45 days of such referral.

(a) At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

(i) Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one comprehensive plan land use designation to another). See also ORS 227.186 for instructions;

(ii) Any affected governmental agency, including transportation and transit agencies;

(iii) Any person who requests notice in writing; and

(iv) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

(b) Public notice shall be provided at least 10 days before the scheduled public hearing.

(c) For each mailing and publication of notice, the city planning official shall keep an affidavit of mailing/publication in the record.

(d) The following DLCD notification requirements apply to all proposals to amend a comprehensive plan or land use regulation or to adopt a new land use regulation:

(i) A proposal for an amendment shall be forwarded to the director of the department of land conservation and development (DLCD) at least 35 days before the first scheduled evidentiary hearing on the application.

(2) The proposal forwarded to DLCD shall indicate the date of the final scheduled hearing, and shall be accompanied by appropriate forms provided by DLCD, a map on eight-and-one-half-inch by 11-inch paper (if possible) showing the area to be changed, and the existing and proposed designations, along with any supplemental information necessary to inform the director as to the effect of the proposal. The information submitted should explain the relationship of the proposal to the acknowledged plan and the goals, where applicable. Where a goal exception is proposed, the language of the exception should be included.

(3) When the planning director determines that the statewide planning goals do not apply to the proposed amendment, notice under subsection (1) of this section is not required.

(4) The city of North Bend may submit a proposed amendment with less than 35 days’ notice if the city has determined that there are emergency circumstances requiring expedited review.

(5) All adopted amendments shall be submitted to DLCD and to persons who participated in the proceedings after adoption as set forth in ORS 197.615, OAR 660-018-0050, and this section.

(6) Amendments and findings to support the adoption of these amendments shall be submitted to the director of DLCD within five working days after the final decision, and shall be accompanied by appropriate forms provided by DLCD. The city shall notify DLCD of withdrawals or denials of proposals previously sent to DLCD under this section, except that adopted amendments which are part of periodic review shall be submitted within 20 days after the final decision. The date of the “final decision” as described in this rule shall be the date on which the city of North Bend takes final action, and includes the adoption of all supplementary findings and data. In addition, the date of final action shall be the day following exhaustion of all appeal rights before the city of North Bend.

(7) The city of North Bend shall indicate in its transmittal which provisions of OAR 660-018-0022 are applicable where the adopted amendment was not submitted for review 35 days prior to the final hearing on adoption.

(8) Where amendments, including supplementary materials, exceed 100 pages, a summary of the amendment briefly describing its purpose and requirements shall be submitted to DLCD.

(9) If amendments which are adopted by the city are substantially changed from the original proposal, the city shall specify in the notice to DLCD the changes that have been made.

(10) Approval Criteria. Amendments to the zoning map, comprehensive plan, and text of the zoning ordinance are subject to the following standards:

(a) The proposed amendment is consistent with the applicable policies of the comprehensive plan or that a significant change in circumstances requires an amendment to the plan or map.

(b) The proposed amendment is in the public interest.

(c) Approval of the amendment will not result in a decrease in the level of service for capital facilities and services identified in the North Bend adopted capital improvement plan(s).

(d) The proposed amendment is consistent with the city of North Bend’s planned transportation system as described within the adopted transportation system plan.

(e) The proposal shall demonstrate it is consistent with the adopted transportation system plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Proposals shall be reviewed to determine whether they significantly affect a transportation facility pursuant to OAR 660-012-0060 (transportation planning rule – TPR). Where it is found that a proposed amendment would have a significant effect on a transportation facility, the city shall work in consultation with the applicable roadway authority and with the applicant to modify the request or mitigate the impacts in accordance with OAR 660-012-0060. (Ord. 2048 § 16, 2021; Ord. 2046 § 1, 2021; Ord. 1952 § 1(4), 2006)

18.84.030 Application and fees.

An application by a property owner, or their authorized representative, for amendment of the comprehensive plan or the text of the zoning ordinance or the zoning map shall be filed with the city planning department using forms prescribed for the purpose along with the appropriate fees as set by resolution of the city council. The application shall be accompanied by a list with the names and addresses of property owners within 100 feet of the subject property. The planning director, or the city administrator if there is no planning director, may require other drawings or information necessary to achieve an understanding of the proposed amendment and its relationship to surrounding properties. The application will be reviewed for completeness prior to scheduling the initial public hearing and initiating notice procedures. An application must be submitted at least 60 days prior to a scheduled planning commission hearing. (Ord. 1952 § 1(4), 2006)

18.84.040 Public hearing.

Before final action is taken by the city council on a proposed amendment to the comprehensive plan, the text of the zoning ordinance, or the zoning map, an annexation, or a vacation, the city planning commission shall hold a public hearing and forward a recommendation to the city council concerning the proposed amendment, annexation or vacation. Procedures for holding hearings on vacations and annexations shall be as provided in the laws of the state of Oregon relating to such procedures, but in any cases where no such laws are applicable, then the hearing shall be held under the procedures provided in this section. Zoning procedures shall be included as part of proceedings to annex territory to the city. The City Council may combine in one hearing the question of the annexation of territory and the zoning of such territory. Notice and procedures for holding legislative public hearings shall be as follows:

(1) Notice of Hearing. Notice of the initial public hearing shall be given by one publication in a newspaper of general circulation in the city which shall be published no more than 20 days prior to the hearing and not later than five days before the hearing. At least 21 days before the date of all public hearings before the city council and the planning commission, the city shall cause notice of the hearing to be posted at City Hall and on the city website where notice shall be sent out electronically to those who have subscribed to the city’s emailed public notices. Notice shall also be posted on the primary city of North Bend social media page. If the hearing is related to a specific property, public notice shall also be mailed as specified in NBCC 18.60.040.

(2) Recess of Hearing. The city council may recess a hearing for the purpose of obtaining additional information or providing additional notice to interested persons. Upon recessing the hearing the council shall announce the time and date when the hearing will be resumed. (Ord. 2054 § 17, 2021; Ord. 2046 § 2, 2021; Ord. 1952 § 1(4), 2006)

18.84.050 Record of hearings.