An amendment to the Comprehensive Plan, text of this chapter or to a zone or plan map may be initiated by the City Council, by the City Planning Commission, by the City Planning Official, by any planning advisory committees duly appointed by the city, by any planning board established by this chapter or by an application of a property owner or the authorized agent thereof.

(Ord. 1180, passed 6-14-11; Am. Ord. 1253, passed 8-27-19)

An application for an amendment to the Comprehensive Plan, text of this chapter or to a zone or plan map by a property owner or the authorized agent thereof shall be filed with the City Planning Official on forms prescribed by the city and shall be accompanied by the required filing fee as established by the City Council. For all others authorized to initiate amendments, the City shall be the applicant.

(A) Criteria for Amendments. The burden of proof is upon the applicant. The applicant shall show the proposed change is:

(1) In conformity with all applicable state statutes;

(2) In conformity with statewide planning goals and implementing administrative rules when determined to be applicable;

(3) In conformity with the goals, objectives and policies of the city’s Comprehensive Plan;

(4) Due to a change in circumstance or further studies justifying the amendment or mistake in the original zoning.

(Ord. 1180, passed 6-14-11; Am. Ord. 1253, passed 8-27-19)

Unless initiated by Council, the City Planning Commission shall, at its earliest practicable meeting date following a 30-day completeness period, duly advertise and conduct a public hearing on the subject amendment application, and shall, at the conclusion of the hearing, recommend City Council: approve, approve with conditions or deny the proposed amendment. Within 30 days of the Commission’s recommendation, the City Council (unless § 153.256.030 applies for plan amendments or zone changes) shall duly advertise and conduct a public hearing on the proposed amendment. The Commission or Council may continue a hearing in order to obtain additional information and input on a proposed amendment. The Council shall approve, approve with conditions or deny the proposed amendment. If the applicant fails to abide by the conditions or modifications attached to a rezoning of property, the City Council may, at a later date, rezone the affected property to its original zoning. (ORS 227.175(3) and (5))

(Ord. 1180, passed 6-14-11; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1253, passed 8-27-19)

Notwithstanding any other public notice requirements that may be set forth in this chapter or by applicable state statutes or administrative rules, the following public notice requirements shall apply to applications for an amendment to the text of this chapter or to an application for a zoning amendment provided for by this subchapter. (ORS 227.175(3) and (5))

(A) Notice of a public hearing regarding an amendment to the text of this chapter or to a zoning or plan map shall be made at least ten days prior to the initial public hearing for each hearings body in accordance with § 153.252.020. Notice shall be published in a newspaper of general circulation in the city and/or other media readily available to the public.

(B) In addition to the notice requirements set forth by subsection (A) of this section, for an amendment that proposes to rezone property or effect the permissible uses of a property, individual notice shall be mailed or otherwise delivered to the owner of each lot or parcel of property affected at least 20 days but not more than 40 days prior to the hearing. If such rezoning is for a single lot or parcel, notice shall also be mailed to all property owners within 250 feet of the exterior boundaries of the subject property. (ORS 227.186)

(C) Notice of an application for a zone change shall be provided to the owner of a public use airport if the property subject to the zone change is as follows:

(1) Within 5,000 feet of the side or end of a runway of a visual airport; or

(2) Within 10,000 feet of the side or end of the runway of an instrument airport; and

(3) If the zone change would allow a structure greater than 35 feet in height on property located inside the runway approach surface. (ORS 227.175(6))

(D) Notice of an application for a zone change of property which includes all or part of a mobile or manufactured home park shall be given by first class mail to each existing mailing address for tenants of the mobile home park at least 20 days but not more than 40 days before the date of the first hearing. (ORS 227.175(8))

(E) Notice of an application for a proposed zoning amendment, together with a copy or description of the proposed amendment, shall be provided to the State Department of Land Conservation and Development (DLCD) at least 35 days prior to first evidentiary hearing. (OAR 660-018-0020)

(Ord. 1180, passed 6-14-11; Am. Ord. 1229, passed 2-28-17; Am. Ord. 1253, passed 8-27-19)

The duly approved and signed original and a copy thereof of an amendment to the text or Zoning Map(s) of this chapter shall be maintained without change on file in the office of the City Recorder. As applicable, a certified true copy thereof shall be maintained in the office of the City Planning Official. Copies of the amendments shall be available for public review and information.

(Ord. 1180, passed 6-14-11)

No reapplication for an amendment to the text of this chapter or to a Zoning Map by a property owner shall be considered by the Planning Commission or Council within a six-month period immediately following a previous denial of the application. However, if in the opinion of the Planning Commission, new evidence or a change in circumstances warrants the reapplication in a lesser time, the Commission may permit a new application.

(Ord. 1180, passed 6-14-11)

An amendment to the text of this chapter or a Zoning Map shall be approved by ordinance only.

(Ord. 1180, passed 6-14-11)