Yamhill City Zoning Code
CHAPTER 10
132 CHANGE OF ZONE, COMPREHENSIVE PLAN AMENDMENT
§ 10.132.010 Initiation of Zone Change.
A zone change may be initiated in any of the following manners:
(A)
A zone change may be initiated by resolution by the City Council.
(B)
A zone change may be initiated by recommendations by the Planning Commission. After the public hearing, the Planning Commission shall refer its recommendation to the City Council.
(C)
A zone change may be initiated by petition by property owners or by persons purchasing property under contract.
(Ord. 454 §2, 2000)
§ 10.132.020 Authority to Grant or Deny a Change of Zone.
The Planning Commission shall conduct a public hearing for a proposed zone change and shall submit a recommendation to the City Council. The City Council shall then conduct a public hearing on the proposed zone change. If the decision of the Council is contrary to the Planning Commission's decision, the Council shall refer the proposal back to the Planning Commission for further review. The Planning Commission and Council must make written findings of its decision, and if the Council approves the zone change, such action shall be confirmed by ordinance.
(Ord. 454 §2, 2000; Ord. 523 §1, 2018)
§ 10.132.030 Application and Processing Procedure.
An application for a zone change shall be filed in accordance with the provisions of Chapter 10.128.
(Ord. 454 §2, 2000)
§ 10.132.040 Findings Required for Granting a Zone Change.
The Planning Commission shall analyze the following points and, in a written form, incorporate such findings in its decision:
(A)
That there is a public need for the change of zone.
(B)
That there is an inadequacy of other comparatively zoned property to satisfy the public need.
(C)
That the change of zone is in conformance with the Comprehensive Plan, this title, and any applicable street and highway plans.
(D)
That the proposed property is adequate in size and shape to facilitate those uses allowed in the proposed zone.
(E)
That the proposed property is properly related to streets and highways to adequately serve the type of traffic that will be generated by the uses in the proposed zone.
(F)
That the proposed change of zone will have no adverse effect on abutting property or the permitted uses thereof.
(Ord. 454 §2, 2000)
§ 10.132.050 Effective Date of Approval.
The zone change shall be effective upon the passage of the ordinance by the City Council changing the zone.
(Ord. 454 §2, 2000; Ord. 523 §1, 2018)
§ 10.132.060 Initiation of Comprehensive Plan Amendment.
A Comprehensive Plan amendment may be initiated in any of the following manners:
(A)
By resolution of the City Council.
(B)
By recommendations of the Planning Commission. After the public hearing, the Planning Commission shall refer its recommendations to the City Council.
(C)
By petition from property owners or by persons purchasing property under contract.
(Ord. 454 §2, 2000)
§ 10.132.070 Authority to Grant or Deny a Comprehensive Plan Amendment.
The Planning Commission shall conduct a public hearing for a proposed Comprehensive Plan amendment and shall submit a recommendation to the City Council. The City Council shall then conduct a public hearing on the proposed Comprehensive Plan amendment. If the decision of the Council is contrary to the Planning Commission's decision, the Council shall refer the proposal back to the Planning Commission for further review. The Planning Commission and Council must make written findings of its decision, and if the Council approves the Comprehensive Plan amendment, such action shall be confirmed by ordinance.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.132.080 Application and Processing Procedure.
An application for a Comprehensive Plan amendment shall be filed in accordance with the provisions of Chapter 10.128 of this Title.
(Ord. 454 §2, 2000)
§ 10.132.090 Findings Required for Granting a Comprehensive Plan Amendment.
The Planning Commission and City Council shall analyze the following points and, in a written form, incorporate such findings in its decision:
(A)
That there is a public need for a Comprehensive Plan amendment.
(B)
That there was an error in the original Comprehensive Plan.
(C)
That there is a need to change the currently adopted Comprehensive Plan.
(D)
That there is an inadequacy of other comparatively planned and/or zoned land currently available to satisfy the public need.
(E)
That the property proposed to be changed is the best property available for the Comprehensive Plan amendment.
(F)
That the proposed Comprehensive Plan amendment is in conformance with all statewide goals, and any applicable street, highway and/or utility plans for the area.
(G)
That the proposed property is adequate in size and shape to facilitate those uses allowed in the proposed zone upon adoption of the Comprehensive Plan amendment.
(H)
That the proposed property is properly related to streets and highways to adequately serve the type of traffic that will be generated by the uses in the proposed zone upon adoption of the Comprehensive Plan amendment.
(I)
That the proposed Comprehensive Plan amendment will have no adverse effect on abutting property or the permitted uses thereof.
(Ord. 454 §2, 2000)
§ 10.132.100 Effective Date of Approval.
The Comprehensive Plan amendment shall be effective upon the passage of the ordinance by the City Council changing the Plan.
(Ord. 454 §2, 2000; Ord. 523 §1, 2018)
§ 10.132.120 Authority to Grant or Deny a Development Regulation Standard Amendment.
The Planning Commission shall conduct a public hearing for a proposed Development Regulation Standards amendment and shall submit a recommendation to the City Council. The City Council shall then conduct a public hearing on the proposed Development Regulation Standard amendment. If the decision of the Council is contrary to the Planning Commission's decision, the Council shall refer the proposal back to the Planning Commission for further review. The Planning Commission and Council must make written findings of its decision, and if the Council approves the Development Regulation Standards amendment, such action shall be confirmed by ordinance.
(Ord. 545, 7/9/2025)
§ 10.132.130 Application and Processing Procedure.
An application for a Comprehensive Plan amendment shall be filed in accordance with the provisions of Chapter 10.128 of this Title.
(Ord. 545, 7/9/2025)
§ 10.132.140 Findings Required for Granting a Development Regulation Standard Amendment.
The Planning Commission and City Council shall analyze the following points and, in a written form, incorporate such findings in its decision:
(A)
That there is a public need for a Development Regulation Standard amendment.
(B)
That there was an error in the original Development Regulation Standard.
(C)
That there is a need to change the currently adopted Development Regulation Standards.
(D)
That there is an inadequacy of development regulations available to satisfy the public need.
(E)
That the regulation proposed to be changed or added is in the best interest of the community and in conformity with the Comprehensive Plan.
(F)
That the proposed Development Regulation Standards amendment is in conformance with all statewide goals, and any applicable street, highway and/or utility plans for the area.
(G)
That the proposed Development Regulation Standards amendment will have no adverse effect on property or the permitted uses thereof.
(Ord. 545, 7/9/2025)
§ 10.132.150 Effective Date of Approval.
The Development Regulation Standards amendment shall be effective upon the passage of the ordinance by the City Council
(Ord. 545, 7/9/2025)