Chapter 18.170
QUASI-JUDICIAL AMENDMENTS
Sections:
18.170.010 Quasi-judicial amendment standards.
18.170.025 Authorization to approve or deny proposed amendments.
18.170.030 Limitations on reapplications.
18.170.040 Record of amendments.
18.170.010 Quasi-judicial amendment standards.
An applicant requesting a quasi-judicial amendment must satisfy the following factors for quasi-judicial amendments:
(1) Comprehensive Plan Map Change.
(a) That the amendment complies with the Statewide Planning Goals and applicable Administrative Rules (which include OAR 660-12, the Transportation Planning Rule) adopted by the Land Conservation and Development Commission pursuant to ORS 197.240 or as revised pursuant to ORS 197.245.
(i) The applicant shall certify the proposed land use designations, densities or design standards are consistent with the function, capacity and performance standards for roads identified in the county transportation system plan.
(A) The applicant shall cite the identified comprehensive plan function, capacity and performance standard of the road used for direct access and provide findings that the proposed amendment will be consistent with the county transportation system plan.
(B) The jurisdiction providing direct access (county or ODOT) may require the applicant to submit a traffic impact analysis or traffic assessment letter consistent with the requirements of Section 7.1.7 of the Crook County transportation system plan to support the findings used to address this subsection (1)(a).
(b) That the amendment provides a reasonable opportunity to satisfy a local need for a different land use. A demonstration of need for the change may be based upon special studies or other factual information.
(c) That the particular property in question is suited to the proposed land use, and if an exception is involved, that the property in question is best suited for the use as compared to other available properties.
(d) If it appears that it is not possible to apply an appropriate goal to specific properties or situations, then the application shall set forth the proposed exception to such goal when:
(i) The land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal;
(ii) The land subject to the exception is irrevocably committed as described by the Land Conservation and Development Commission rule to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or
(iii) The following standards are met:
(A) Reasons justifying why the state policy embodied in the applicable goals should not apply;
(B) Areas which do not require a new exception cannot reasonably accommodate the use;
(C) The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and
(D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. (“Compatible,” as used in this subsection, is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses.)
(2) Zone Map Change.
(a) That the zone change conforms with the Crook County comprehensive plan, and the change is consistent with the plan’s statement and goals.
(b) That the change in classification for the subject property is consistent with the purpose and intent of the proposed amendment.
(c) That the amendment will presently serve the public health, safety and welfare considering the following factors:
(i) The availability and efficiency of providing necessary public services and facilities.
(ii) The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Crook County comprehensive plan.
(d) That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. (Ord. 236 § 6 (Exh. F), 2010)
18.170.020 Notice.
(1) Notice of the hearing to enact any quasi-judicial matter will be given pursuant to the provisions of CCC 18.172.070.
(2) When applicable notice to DLCD shall be provided as required by ORS 197.610 and 197.615.
(3) When applicable notice to affected property owners shall be provided as required by ORS 215.503. (Ord. 323 § 5 (Att. A), 2021; Ord. 236 § 6 (Exh. F), 2010)
18.170.025 Authorization to approve or deny proposed amendments.
Proposed quasi-judicial amendments requested pursuant to this chapter will be reviewed in accordance with Chapter 18.172 CCC. (Ord. 330 § 9 (Exh. H), 2022)
18.170.030 Limitations on reapplications.
No application of a property owner for an amendment to the text of the comprehensive plan, the development zoning 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 § 6 (Exh. F), 2010)
18.170.040 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 § 6 (Exh. F), 2010)