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Shady Cove City Zoning Code

PLAN AMENDMENTS

AND ZONE CHANGES

§ 154.435 PURPOSE.

   This section provides a procedure whereby the city's comprehensive plan, zoning ordinance or other land use regulations may be amended. These documents should be reviewed and revised periodically as required by the state or when necessary to best serve the needs and long-range goals of the community.
(Ord. 225, passed 10-20-1994, § 27.1)

§ 154.436 INITIATION OF ACTION.

   (A)   A "legislative" amendment to the text of the comprehensive plan or a land use regulation may be initiated by the City Council or the Planning Commission.
   (B)   A "quasi-judicial" amendment to the comprehensive plan map or zoning map, as it affects a specific property or area, may be initiated by the Planning Commission, City Council or by a property owner or his or her authorized agent.
(Ord. 225, passed 10-20-1994, § 27.2)

§ 154.437 APPLICATION PROCEDURE.

   An application for a minor amendment to the comprehensive plan or zoning map may be made at any time.
   (A)   An application shall be made on the city's official application form with the appropriate fee. The application shall include at least the following information:
      (1)   A narrative description of the proposed amendment and the reasons for the request;
      (2)   Maps drawn to scale showing the specific property or site that is the subject of the application and also showing the land use proposal for the site, if a design exists;
      (3)   The site plan of the property shall include all dimensions of the property, locations of existing buildings or other structures, points of access, types of land uses on abutting properties, general slope and topographic features, flood plain and the location all existing utilities on or near the site; and
      (4)   Findings of fact stating how the proposal addresses all appropriate goals and policies of the comprehensive plan or statewide planning goals and administrative rules, as appropriate.
   (B)   A request for an urban growth boundary amendment shall be in accordance with the review and amendment schedules contained in the comprehensive plan or the city/county urbanization agreement.
(Ord. 225, passed 10-20-1994, § 27.3)

§ 154.438 MAJOR OR LEGISLATIVE AMENDMENTS.

   (A)   Major or legislative amendments are those which may have widespread and/or significant impact on the neighborhood or community beyond the limits of the specific property. A major amendment may also involve a qualitative change of land use or a spatial change affecting a large area or a large number of properties.
   (B)   Major or legislative amendments require at least one public hearing before the Planning Commission. If approved by the Commission, the City Council will also conduct at least one hearing prior to making the final decision.
   (C)   The following criteria shall be addressed by the Planning Commission and City Council, along with any other considerations that may be unique or appropriate to the application being processed.
      (1)   The proposal shall be consistent with the city's adopted goals and policies pertaining to land use, growth and development.
      (2)   The proposal shall be consistent with all applicable statewide planning goals, including the urbanization factors of goal #14.
      (3)   There shall be at least a conceptual development plan for the subject property that is the subject of a request for a zoning or plan amendment, and that plan shall demonstrate the city's and property owner's abilities to provide all needed public facilities, services and utilities to the site, including streets.
(Ord. 225, passed 10-20-1994, § 27.4)

§ 154.439 MINOR AMENDMENTS.

   (A)   Minor or quasi-judicial amendments to the comprehensive plan or zoning maps are those which involve one parcel or a small group of parcels and which will not have any significant impact on other lands.
   (B)   Minor amendments require at least one public hearing before the Planning Commission. If approved by the Commission, the City Council will also conduct at least one hearing prior to making the final decision. If denied by the Planning Commission, the applicant may appeal that decision to the City Council in accordance with the city's appeal procedures.
   (C)   The following criteria shall be addressed by the Planning Commission and City Council, along with any other considerations that may be unique or appropriate to the application being processed.
      (1)   The proposal shall be consistent with the city's adopted goals and policies pertaining to land use, growth and development.
      (2)   The proposal shall be consistent with all applicable statewide planning goals.
      (3)   A conceptual or specific development plan shall accompany the application to show how the site will be developed and to show that proper facilities, services and utilities can be provided by the developer or other provider to serve the site needs.
(Ord. 225, passed 10-20-1994, § 27.5)

§ 154.440 PLANNED UNIT DEVELOPMENT (PUD).

   (A)   The request for a needed comprehensive plan or zoning map amendment may be included in a planned unit development application package.
   (B)   The processing of a PUD application that involves a plan or zoning amendment shall not proceed until those amendments have been decided.
   (C)   Approval of a PUD-related plan or zoning amendment may be conditional or tentative, and contingent upon specific performance requirements or time limits. When those requirements have been satisfied, the City Council may give final approval.
(Ord. 225, passed 10-20-1994, § 27.6)

§ 154.441 NOTIFICATION OF AMENDMENTS.

   (A)   All major or legislative amendments shall be submitted to the Land Conservation and Development Commission at least 45 days prior to the first public hearing.
   (B)   The county shall also be given 45-days' notice of the first hearing for a major or legislative amendment.
   (C)   Following approval of any major or legislative amendment, copies of the final order or ordinance, along with maps showing the location of the change, shall be forwarded to both the county and LCDC. Similar official notification shall be given to the applicant(s), surrounding property owners and other parties to the proceedings.
   (D)   Notice of approval of all minor amendments shall be given in writing to the applicant(s), surrounding property owners and other parties to the proceedings.
(Ord. 225, passed 10-20-1994, § 27.7)