Chapter 19.470
LAND USE DISTRICT MAP AND TEXT AMENDMENTS
Sections:
19.470.200 Legislative amendments.
19.470.300 Quasi-judicial amendments.
19.470.400 Conditions of approval.
19.470.500 Record of amendments.
19.470.600 Transportation planning rule compliance.
19.470.100 Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the land use district map. These will be referred to as “map and text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. (Ord. 6-2001 § 1)
19.470.200 Legislative amendments.
Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in FMC 19.413.040. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.470.300 Quasi-judicial amendments.
A. Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision. Quasi-judicial map amendments shall follow the Type III procedure, as governed by FMC 19.413.030, using standards of approval in FMC 19.470.400. The approval authority shall be as follows:
1. The planning commission shall review and recommend land use district map changes which do not involve comprehensive plan map amendments. The city council shall decide such applications;
2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and
3. The planning commission shall make a recommendation to the city council on a land use district change application which also involves a comprehensive plan map amendment application. The city council shall decide both applications.
B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
1. Demonstration of compliance with all applicable comprehensive plan policies and map designations. Where this criterion cannot be met, a comprehensive plan amendment shall be a prerequisite to approval;
2. Demonstration of compliance with all applicable standards and criteria of this code, and other applicable implementing ordinances;
3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.470.400 Conditions of approval.
A quasi-judicial decision may be for denial, approval, or approval with conditions. A legislative decision may be approved or denied. (Ord. 6-2001 § 1)
19.470.500 Record of amendments.
The city recorder shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use. (Ord. 6-2001 § 1)
19.470.600 Transportation planning rule compliance.
A. When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility consistent with OAR 660-012-0060.
B. Amendments to the comprehensive plan and land use standards 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:
1. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or
2. 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
3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation. (Ord. 6-2001 § 1)