Chapter 17.44
AMENDMENTS
Sections:
17.44.010 Forms of amendments.
17.44.020 Legislative revisions.
17.44.030 Quasi-judicial revisions.
17.44.040 Hearing requirements for legislative or quasi-judicial revisions to the zoning ordinance.
17.44.050 Notice requirements.
17.44.060 Legislative or quasi-judicial amendment procedural process.
17.44.070 Legislative amendments.
17.44.080 Quasi-judicial hearing requirements.
17.44.090 Notification of decision.
17.44.100 Limitation of reapplications.
17.44.110 Record of amendments.
17.44.010 Forms of amendments.
There are two types of amendments to this title:
A. Amendment to the text (legislative revision);
B. Amendment to the map (legislative revision or quasi-judicial change). [Ord. 01-02 § 2 (Exh. 2 § 7.1), 2001.]
17.44.020 Legislative revisions.
A. Proposed amendments to this title shall be deemed legislative revisions if:
1. The proposed amendment involves the text of this title; and/or
2. The proposed amendment involves the map, when such an amendment would have widespread and significant impact beyond the immediate area of the proposed amendment.
B. Legislative revisions shall be initiated by:
1. A majority vote of the city council; or
2. A majority vote of the planning commission; or
3. A request by the city attorney or city planner. [Ord. 01-02 § 2 (Exh. 2 § 7.2), 2001.]
17.44.030 Quasi-judicial revisions.
A. A proposed amendment to this title 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.
B. Quasi-judicial changes may be initiated by:
1. Property owners or contract purchaser or an authorized agent; or
2. A majority vote of the city council; or
3. A majority vote of the planning commission; or
4. A request by the city attorney or city planner.
C. In case of a controversy as to whether an amendment be deemed a legislative or quasi-judicial matter, city staff shall make the initial determination. The staff decision may be appealed to the planning commission. [Ord. 01-02 § 2 (Exh. 2 § 7.3), 2001.]
17.44.040 Hearing requirements for legislative or quasi-judicial revisions to the zoning ordinance.
Public hearings, under the provisions of CMC 17.48.050, shall be required for both legislative and quasi-judicial amendments to the zoning ordinance. A public hearing before the planning commission is mandatory. A public hearing before the city council is optional. (See procedures in CMC 17.44.060.) [Ord. 01-02 § 2 (Exh. 2 § 7.4), 2001.]
17.44.050 Notice requirements.
For both legislative and quasi-judicial revisions to the zoning ordinance, a series of public notices are required. These notices are as follows:
A. Post-Acknowledgement Plan Amendment Notice to DLCD. The Department of Land Conservation and Development requires notice of the first evidentiary hearing on a proposed amendment to a jurisdiction’s zoning ordinance to be submitted to the Department on their forms at least 45 days in advance of the first hearing. Notice must be in the Salem office 45 days or earlier than the date of the proposed hearing before the planning commission.
B. Notices of Both Legislative and Quasi-Judicial Hearings. Notices of both legislative and quasi-judicial hearings must be published in the local newspaper following the requirements of CMC 17.48.050.
C. Legislative Revisions – Ballot Measure 56. Ballot Measure 56, passed by general vote in the 1998 election, requires specific notices be mailed to all affected landowners in the instance of a legislative revision in which a rezoning will occur. These must be mailed not more than 40 nor less than 20 days from the date of the first hearing.
D. Quasi-Judicial Hearings. Quasi-judicial hearings require notices to all affected property owners within 100 feet of the subject property be mailed at least 10 days before each hearing on the proposed amendment. [Ord. 01-02 § 2 (Exh. 2 § 7.5), 2001.]
17.44.060 Legislative or quasi-judicial amendment procedural process.
The planning commission shall conduct a public hearing on the proposed amendment. Within 45 days after the hearing, the planning commission shall render a decision. The decision of the planning commission shall then be brought before the city council along with a summary of the planning commission’s proceedings and findings of fact, at the second regular council meeting following said planning commission decision, except that in no event shall the decision be brought to the city council until after the time for appeal has elapsed. The city council shall then review the decision of the planning commission on the record without hearing further evidence. It shall either affirm the decision of the planning commission or set the matter for hearing “de novo” before the city council. The city council must take final action on an amendment request. Amendments shall be made by ordinance. [Ord. 01-02 § 2 (Exh. 2 § 7.6), 2001.]
17.44.070 Legislative amendments.
Legislative amendments are broad-based amendments which impact the whole city, not just a specific neighborhood or area. Most text amendments are legislative. No specific hearing procedure is required. The planning commission and/or city council are acting as legislators, making new law for the city. It is suggested, in order to provide a sound format for the hearing process, that the quasi-judicial procedure be followed. [Ord. 01-02 § 2 (Exh. 2 § 7.7), 2001.]
17.44.080 Quasi-judicial hearing requirements.
A. The following criteria must be followed in deciding upon a quasi-judicial proceeding.
1. The burden in all land use proceedings is upon the applicant, whether a zone change, conditional use or variance is the subject of the hearing.
2. The requested zone change or conditional use must be justified by proof that:
a. The change is in conformance with the comprehensive plan and also the goals and policies of the plan.
b. The showing of public need for the rezoning and whether that public need is best served by changing the zoning classification on that property under consideration.
c. The public need is best served by changing the classification of the subject site in question as compared with other available property.
d. The potential impact upon the area resulting from the change has been considered.
3. Approval Criteria for Amendments.
a. The applicant must show that the proposed change conforms with the comprehensive plan.
b. A plan or land use regulation amendment significantly affects a transportation facility if it:
i. Changes the functional classification of an existing or planned transportation facility;
ii. Changes standards implementing a functional classification system;
iii. Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility; or
iv. Would reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan.
c. Amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the transportation system plan. This shall be accomplished by one of the following:
i. Limiting allowed land uses to be consistent with the planned function of the transportation facility;
ii. Amending the transportation system plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the transportation planning rule; or
iii. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes.
B. The courts will require a “graduated burden of proof” depending upon the drastic nature of the proposed rezoning.
C. Procedural Process of a Quasi-Judicial Hearing.
1. Parties at a rezoning hearing must have an opportunity to be heard, to present and rebut evidence.
2. There must be a record which will support the findings made by the decision makers.
3. Pre-hearing contact must be disclosed by the decision-makers at the outset of the public hearing. [Ord. 01-02 § 2 (Exh. 2 § 7.8), 2001.]
17.44.090 Notification of decision.
Within five working days after a final decision on an amendment to the comprehensive plan, zoning ordinance text or plan/zone map, the city recorder shall provide the applicant and the Department of Land Conservation and Development a complete copy of the city council decision. Within five working days after a final decision, the city shall also provide notice of the decision to all persons who participated in the local proceedings and requested in writing that they be given notice. The notice shall meet the requirements of ORS 197.615. [Ord. 01-02 § 2 (Exh. 2 § 7.9), 2001.]
17.44.100 Limitation of reapplications.
No application of a property owner for an amendment to a zone boundary shall be considered by the planning commission within the one-year period immediately following a previous denial of such request, except the planning commission may permit a new application if, in the opinion of the planning commission, new evidence or a change of circumstances warrant it. [Ord. 01-02 § 2 (Exh. 2 § 7.10), 2001.]
17.44.110 Record of amendments.
The recorder shall maintain records of amendments to this title. [Ord. 01-02 § 2 (Exh. 2 § 7.11), 2001.]