The purpose of this chapter is to describe general requirements and criteria to be considered in reviewing an application for an amendment to the provisions of this code. An amendment may be made to the text of the code or to the zoning maps in either a legislative or quasi-judicial manner as follows:

1. Legislative amendments may be made only for the establishment of policy. Such an amendment may be initiated only by the Planning Commission or City Council. A person may petition the Commission or Council but may not initiate the amendment by making direct application. Such amendments shall be made only after a public hearing has been held pursuant to Section 16.108.020(D) of this title.
2. Quasi-judicial amendments may be only for the application of established policy to specific properties in the City. Such an amendment may be initiated by the Planning Commission, by the City Council, or by the application of an owner of land or agent thereof. An application for an amendment by an owner or agent shall be in accordance with the application procedure specified in Section 16.108.010 of this title. All quasi-judicial amendments shall be subject to the public hearing requirements of Section 16.108.020(D) and (E) of this title.

1. Legislative Amendments.
   1. A legislative amendment shall be made by the City Council after review and recommendation by the Planning Commission and after a public hearing held pursuant to Section 16.108.020 of this title. Proceedings initiated by the City Council shall be by resolution and shall be referred first to the Planning Commission for public hearing. The City Planner shall set the date for the hearing and provide for notice pursuant to Section 16.108.020 of this title. The Commission shall make a recommendation to the Council upon completion of a public hearing.
   2. Proceedings initiated by the Planning Commission shall be by resolution directing the City Planner to set the date of the public hearing before the Commission and provide for notice as provided in Section 16.108.020 of this title. The Commission shall make a recommendation to the City Council upon completion of the hearing.
   3. Findings required to be made by the Planning Commission and City Council for legislative amendments are as follows:
      1. Establish that the amendment will be consistent with the comprehensive plan goals and policies;
      2. Establish that there is a public need for the requested change and that the public need will be met by the change.
      3. Establish that the amendment will be consistent with all other provisions of this Chapter and in conformance with the statewide planning goals and all other applicable statutes and regulations.
2. Quasi-Judicial amendments. A quasi-judicial amendment to the comprehensive plan and zoning maps may be authorized provided that the proposal satisfied all applicable requirements of the code and also provided that the applicant, in a quasi-judicial hearing, demonstrates the following:
   1. That the amendment will be consistent with all other provisions of this code and applicable statutes and regulations and in conformance with the statewide planning goals; and
   2. That there has been a substantial change in the character of the area since zoning was adopted and which warrants changing the zone; or
   3. That the zoning previously adopted for the area was in error; or
   4. That there is a public need for the change being sought and the subject property is suitable to meet that need and will not impair the actual or legally designated uses of surrounding properties.

Findings made by the decision-making body in justification of any action authorized pursuant to this code shall be made in writing and shall be provided to the applicant and to parties establishing testimony on the record of any hearing. Findings shall be made which are consistent and in conformance with the applicable regulations of this code.

It is the purpose and intent of this section to provide additional procedures for small tract zone map amendments to insure the public interest is considered as certain developments occur. These provisions may be invoked at any time during zone change hearings and appeal process.

1. Resolution of Intent to Rezone. If, after consideration of the findings and recommendations of the Planning Commission , the City Council determines that the public interest will be best served by this rezoning or any portion thereof, the Council may indicate its approval in concept of the rezoning by the adoption of a "resolution of intent to rezone" said property. This resolution may include any conditions, stipulations, or limitations the Council feels necessary to insure the public interest.
2. Resolution of Intent Binding. The adoption of this resolution of intent to rezone by the governing body shall make this as a binding commitment on the City.
3. Site Development and Operation. Other than for residential development, property proposed to be developed under a resolution of intent to rezone shall be managed to insure compliance with the following conditions:
   1. That storage of merchandise and supplies be contained entirely within a building;
   2. That the proposed use continuously meets State D.E.Q. standards for air and water quality and noise emissions;
   3. That vehicle parking and maneuvering areas be hard surfaced and maintained dust free;
   4. That on-site drainage be designated to protect adjoining properties and public rights-of-way from increased storm runoff; and
   5. Any other conditions that the Council feels necessary to protect the public interest.
4. Site Plan. The Council may require under a resolution of intent to rezone a site plan which shall be binding upon the property. Upon approval of the Council, property having an approved site plan under these provisions shall be plainly marked as "subject to approved site plan" on the official zoning map of Waldport. Any approved site plan may be amended or a variance therefrom obtained, or the property may be released from the restrictions of such site plan by resolution of the Council on recommendation from the Planning Commission after a public hearing as set forth in Section 16.108.020 of this title. No other changes shall be made constituting a departure from the approved site plan except by amendment or variance as herein provided unless the property has been released from the site plan.
5. Site Plan Composition. Where a site plan is required pursuant to this section, it shall include:
   1. Location of existing property boundaries, existing and proposed buildings, structures, accesses, off-street parking and loading spaces, and landscaping;
   2. Topography, existing and proposed;
   3. Architectural perspective, layout and all elevations drawn without exaggeration, except where noted including locations, area and design of signs and all landscaping.
   4. Mechanical roof-mounted equipment of subject property.
6. Change of Zone. The fulfillment of all conditions, stipulations and limitations contained in the resolution of intent to rezone on the part of the applicant, shall be required prior to the governing body effecting the ordinance change. Upon completion of compliance action by the applicant, the Council shall enact the ordinance changing the zone.
7. Resolution of Intent Void upon Failure to Comply. The failure of the applicant to substantially meet any or all conditions, stipulations or limitations contained in a resolution of intent to rezone, including the time limit placed in the resolution, shall render said resolution null and void, unless an extension is granted by the Council upon recommendation of the Planning Commission.