Chapter 18.168
LEGISLATIVE AMENDMENTS
Sections:
18.168.010 Legislative hearings.
18.168.020 Authorization to initiate amendments.
18.168.040 Submission of written testimony.
18.168.050 Number and manner of hearings.
18.168.060 Record of amendments.
18.168.070 Limitations on reapplications.
18.168.010 Legislative hearings.
(1) When the court or an agency of the court is required by state statute or this title to conduct a hearing on legislative matters, it shall hold the hearing in accordance with the applicable procedures of this chapter.
(2) “Legislative matters” generally involve a broad public policy decision that applies to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plan, zoning ordinance, or the subdivision ordinance and changes to the comprehensive plan map and/or zoning maps not directly affecting individual property owners. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.010, 2003)
18.168.020 Authorization to initiate amendments.
The application for a hearing on any legislative matter may be initiated by any of the following:
(1) Property owners by written application on forms provided by the director and upon payment of the required fee;
(2) Planning commission on its own motion; or
(3) County court on its own motion and order. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.020, 2003)
18.168.030 Notice.
(1) Notice of the hearing to enact any legislative matter shall be published in a local newspaper of general circulation at least 10 days in advance of each hearing in accordance with the requirements of ORS 215.223. During a hearing properly advertised, the matter may be continued to another date certain without additional public notice. Notice may be given by other means such as mail, radio and television.
(2) The notice shall contain at least the following information:
(a) A statement of the proposed public action;
(b) The department of the county from which additional information can be obtained; and
(c) The time, place, date and methods for presentation of views by interested persons.
(3) When applicable notice to DLCD shall be provided as required by ORS 197.610 and 197.615.
(4) When applicable notice to affected property owners shall be provided as required by ORS 215.503(2). (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.030, 2003)
18.168.040 Submission of written testimony.
Any person may submit written recommendations and comments, copies of which shall be kept on file and made available for public inspection. Time limitations on the acceptance of written testimony shall be determined by the hearing authority. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.040, 2003)
18.168.050 Number and manner of hearings.
(1) Subject to subsection (4) of this section, the planning commission shall conduct no less than one public hearing on the proposed legislative matter.
(2) The planning commission shall, within 20 working days after the last hearing, issue a written recommendation to the court for approval, approval as modified, or disapproval. The written recommendation shall also contain a statement of findings of fact and conclusion, which supports the recommendation.
(3) The county court, after receiving the written recommendation from the planning commission, shall schedule and conduct a public hearing on the proposed legislative matter. The public hearing may be conducted as described in CCC 18.172.081.
(4) If an ordinance is initiated by the governing body, it shall, unless waived by a majority vote of the county court, prior to enactment, request a report and recommendation regarding the ordinance from the planning commission. The planning commission shall submit the report and recommendation by the date and time stated in the request. Such date and time shall be reasonable. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.050, 2003)
18.168.060 Record of amendments.
The county clerk shall maintain a recorded copy of all amendments to the comprehensive plan and land use regulation text and maps. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.060, 2003)
18.168.070 Limitations on reapplications.
No application of a property owner for an amendment to the text of the comprehensive plan, the development ordinance or of this title or its zoning map shall be considered by the planning commission within the six-month period immediately following a previous denial on the same application; if, in the opinion of the planning commission, new evidence or a change of circumstances warrants it, however, the planning commission may permit a new application. (Ord. 236 § 4 (Exh. D), 2010; Ord. 18 § 8.070, 2003)