This chapter sets forth review criteria and procedural requirements for quasi-judicial and legislative zoning map amendments to accomplish the following:

A.

Maintain sound, stable, and desirable development within the City;

B.

Permit changes in zoning district boundaries where appropriate;

C.

Ensure zoning changes are consistent with the community's land use policies and goals; and

D.

Lessen the influence of private economic interests in the land use decision-making process.

The Zoning Map is consistent with the adopted Comprehensive Plan, as amended, and as such it is a reflection of the City's land use planning goals. The Zoning Map has been adopted as part of the Development Code. Frequent and piecemeal amendments to the Zoning Map can threaten the integrity of the Comprehensive Plan and the likelihood of its successful implementation. Nevertheless, it may be necessary to amend the Zoning Map from time to time to correct errors or to respond to changing conditions or unforeseen circumstances.

When a zoning district is amended there often must be a corresponding change to the Comprehensive Plan map. There are, however, instances where more than one zoning district matches the Comprehensive Plan designation. In these situations, the zoning district can be amended without a Plan map change. The table below illustrates the relationship between the Comprehensive Plan and the Zoning Map designations in the City.

Zoning district changes are classified as legislative or quasi-judicial, depending on the number of properties involved. Changes to the Zoning Map are reviewed initially by the Planning Commission with a recommendation forwarded to the City Council. The City Council conducts a public hearing and considers adoption of changes. A Zoning Map application may be reviewed in conjunction with a Comprehensive Plan map amendment or other land use application.

A zoning district change is considered a legislative act if the change applies uniformly to all properties in the City or to a sufficiently large number of properties as determined by contemporary legal principles.

A.

Initiation-Legislative. A zoning district change that is legislative in nature may be initiated by either a majority vote of the City Council or Planning Commission upon a finding that there is sufficient cause to initiate a change.

B.

Review Criteria. Legislative amendments shall be reviewed to:

1.

Determine the effects on City facilities and services;

2.

To assure consistency with the purposes and intent of this chapter;

3.

To assure consistency with the policies of the Comprehensive Plan;

4.

To assure consistency with the Statewide Planning Goals as may be necessary, and any other applicable policies and standards adopted by the City Council.

All zoning district changes not deemed legislative shall be quasi-judicial.

A.

Initiation-Quasi-Judicial. Initiation of a zoning district change that is quasi-judicial in nature may be accomplished by one of the following ways:

1.

Filing of an application by the owner(s) of the subject property(ies); or

2.

A majority vote of the City Council or Planning Commission following the same procedures used for legislative amendments discussed above.

B.

Review Criteria. Quasi-judicial zoning district changes shall be reviewed to:

1.

Determine the effects on City facilities and services;

2.

To assure consistency with the purposes of this chapter;

3.

To assure consistency with the policies of the Comprehensive Plan;

4.

To assure consistency with the Statewide Planning Goals as may be necessary, and any other applicable policies and standards adopted by the City Council.

C.

Application Requirements. An application for quasi-judicial zoning district change shall be made on forms provided by the Director and shall include the following where applicable:

1.

Description of the land (address, lot, block, or similar description);

2.

Narrative addressing how the application meets the review criteria;

3.

Maps, drawings, and such other information as may be needed for an adequate review of the application;

4.

List of affected property owners, from current Clackamas County Assessor's Office records, within 300 feet of the boundaries of the parcel(s) proposed for a zoning district change; and

5.

If a proposed zoning district change is to include land in more than one ownership, the application must be submitted jointly by all of the owners or authorized agents.

D.

Acceptance of Application.

1.

The Director shall review the application in accordance with Chapter 17.18;

2.

After accepting a complete application, the Director shall schedule a public hearing.

(Ord. No. 2021-16, § 3(Exh. C), 8-16-2021)

A report shall be prepared by staff that evaluates whether the proposal complies with the applicable review criteria. The report should include a recommendation for approval or denial

A.

Planning Commission. The Planning Commission shall conduct a public hearing in accordance with Chapter 17.20—Public Hearings. Following the close of the public hearing the Commission shall make a recommendation to the City Council concerning the proposed Zoning Map amendment. The Commission's recommendations shall include findings that specify how the proposal has or has not complied with the above review criteria;

B.

City Council. Upon receipt of the Planning Commission's recommendation the matter shall be set for a public hearing before the City Council. Following the close of the public hearing the City Council shall either deny the application or adopt an ordinance approving the proposed Zoning Map amendment or a modification thereof. The City Council's decision shall include findings that specify how the proposal has or has not complied with the above review criteria.

C.

Notwithstanding any contrary code provision and in the City Council's sole discretion, it may allow an amendment to the zoning map or to the development code to proceed directly to a public hearing before the City Council without a hearing or recommendation from the Planning Commission.

The Director shall provide the applicant with a notice of decision that includes a written statement of the City Council's decision, a reference to findings leading to it, and appeal period deadline. A notice of the decision shall also be mailed to persons who participated orally or in writing at the public hearing and, for legislative zone amendments, who in writing requested notice of the decision.

The decision of the hearing authority may be appealed in accordance with Chapter 17.28, Appeals

The decision of the City Council made in conjunction with a Zoning Map amendment shall become effective 30 days after passage of the ordinance. No zoning district changes will take effect, however, until and unless the necessary Comprehensive Plan amendment has been implemented by the City Council, if needed.