An amendment to the Zoning Ordinance may take the form of a legislative revision or quasi-judicial change.

(Ord. 491, passed 6-13-2005)

    Proposed amendments to the Zoning Ordinance shall be deemed legislative revisions if the proposed amendment involves the text of this chapter, or the proposed amendment involves the zoning map, when such amendment would have widespread and significant impact beyond the immediate area of the proposed amendment.

(Ord. 491, passed 6-13-2005)

   Legislative revisions may be initiated by the City Council on its own motion, by the Planning Commission on its own motion, by the City Attorney, or by city staff.

(Ord. 491, passed 6-13-2005)

   A proposed amendment to the Zoning Ordinance shall be deemed a quasi-judicial change if the proposed amendment involves the zoning map and does not have widespread and significant impact beyond the immediate area of the proposed amendment.

(Ord. 491, passed 6-13-2005)

   A quasi-judicial change may be initiated by a property owner or his or her authorized agent by filing an application with the City Recorder using forms prescribed for that purpose.

(Ord. 491, passed 6-13-2005)

   In case of a controversy as to whether an amendment is a legislative or quasi-judicial matter, the decision of the City Council shall be final.

(Ord. 491, passed 6-11-2005)

   A public hearing shall be held by the Planning Commission and by the City Council on any proposed amendment to the Zoning Ordinance, zoning map, or land use plan map, whether legislative or quasi-judicial. Proposed amendments shall be submitted to the Department of Land Conservation and Development not less than 45 days prior to the date set for the first evidentiary hearing by the Planning Commission, except as provided under O.R.S. 197.610.

(Ord. 491, passed 6-13-2005)

   (A)   Notice of the Planning Commission hearing on an application for a quasi-judicial change shall be given pursuant to §§ 155.140 through 155.145. Such notices shall also include the anticipated date of the City Council hearing on the application.

   (B)   Notice of the Planning Commission hearing on a proposed legislative revision shall be posted not less than 20 days prior to the date set for the Planning Commission's hearing in not less than two public places in the city, and published in a newspaper of general circulation within the city. Such notices shall also include the anticipated date of the City Council hearing on the proposed amendment.

(Ord. 491, passed 6-13-2005)

   The Planning Commission's decision shall be couched as a recommendation to the City Council to approve, reject, or approve with additional conditions or modifications (as the case may be), the proposed amendment.

(Ord. 491, passed 6-13-2005)

   Following the Planning Commission's decision, the City Council shall hold a public hearing on the proposed amendment. Notice of Council's hearing shall be given by posting in not less than two public places in the city not less than ten days prior to the date set for the Council hearing. The Council shall approve, reject, or approve with additional conditions or modifications the proposed amendment. The City Administrator shall notify the Department of Land Conservation and Development of Council's action on the proposed amendment pursuant to O.R.S. 197.615.

(Ord. 491, passed 6-13-2005)

   In accordance with O.R.S. 227.175, if an application would change the zoning of property which includes all or part of a mobile home or manufactured dwelling park as defined in O.R.S. 446.003, written notice by first class mail shall be sent to each existing mailing address for tenants of the mobile home or manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the application. The city may require an applicant for such a zone change to pay the cost of such notice.

(Ord. 491, passed 6-13-2005)

   A decision on a land use plan text or land use map amendment by the Planning Commission or City Council shall be based on the ability of the proposed change to meet the following criteria:

   (A)   That changes have occurred in community attitudes or that physical, social, economic, or environmental conditions in the area have changed since plan adoption, and that a public need supports the change; or that the original plan was incorrect;

   (B)   That alternative sites for the proposed uses have been considered;

   (C)   That the proposed change is compatible with the land use plan policies and applicable LCDC goals and guidelines.

(Ord. 491, passed 6-13-2005)

   The decision of the Planning Commission or City Council shall be based upon and accomplished by a brief statement that explains the following:

   (A)   The criteria and standards considered relevant to the decision;

   (B)   The basic facts relied upon in rendering the decision; and

   (C)   The ultimate facts and justification for the decision based on the criteria, standards, and facts set forth.

(Ord. 491, passed 6-13-2005)

   A dated and executed copy of any amendment to the Zoning Ordinance or zoning map shall be maintained on file in the office of the City Recorder. The City Recorder shall maintain a record of the amendments to the Zoning Ordinance text and zoning map in a form convenient for use of the public.

(Ord. 491, passed 6-13-2005)

   No application of a property owner for an amendment to the text of the Zoning Ordinance or to the zoning map shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such request, except that the Planning Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it.

(Ord. 491, passed 6-13-2005)