Chapter 17.68
AMENDMENTS AND ZONE CHANGES
Sections:
17.68.010 Authorization to initiate amendments.
17.68.050 Evidence supplied by applicant.
17.68.010 Authorization to initiate amendments.
(1) An amendment to the text of this title or the Comprehensive Plan may be initiated by the City Council, the City Planning Commission or the City Administrator or his designee.
(2) An amendment to the Zoning Map or to the Comprehensive Plan Map may be initiated by:
(a) The City Council;
(b) The City Planning Commission;
(c) The City Administrator or his designee; or
(d) By application of a property owner, contract purchaser or authorized agent of the subject property.
(3) The request by a property owner for a map amendment shall be accomplished by filing an application with the city using forms prescribed by the city and submitting the information required from the applicant under Section 17.68.050.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1199 §1, 1994; Ord. 1262 §1, 1998.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
17.68.020 Review process.
Applications under this chapter shall be reviewed pursuant to GMC Division VII (administrative procedures).
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1323 §1, 2002.
17.68.030 Record maintenance.
The City Recorder shall maintain records of amendments to the text and plan or zoning map.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990.
17.68.040 Conditions.
(1) City Council may require conditions. When necessary to properly relate new developments to existing or anticipated conditions in the vicinity or to make possible a higher quality of development than would otherwise be possible, the City Council may determine that a zone change will be accompanied by the acceptance or accomplishment of certain specified conditions. Conditions and requirements invoked pursuant to a zoning map amendment shall thereafter apply to the property so zoned.
(2) Acceptance of conditions. Such conditions shall be designed to further the objectives of the comprehensive plan and the zoning ordinance codified in this title and shall clearly set forth, in written form or upon drawings, all restrictions and requirements which will be applicable to the property rezoned. Where a zone change is made subject to such conditions, it shall become effective upon written acceptance and filing of the applicable terms and conditions by the property owner and by any other person intending to have an ownership interest in or to develop the property. The signed acceptance of conditions shall be filed with the City Recorder and a certified copy shall also be filed in the county deed records at the expense of the petitioner.
(3) Type of conditions. Conditions may include special measures designed to limit use or density, screen or separate buildings or portions of the site from adjoining property; limit access from important thoroughfares or through residential areas; provide additional right-of-way for an abutting street, preserve or provide public access to greenspace, floodplains, or river frontage; improve bicycle or pedestrian safety and connectivity; or improve transit capacity and efficiency.
(4) No variance of ordinance standards. In connection with the adoption of a zoning amendment, ordinance standards may be varied only when the Planning Commission finds that the development proposed and covered by specific limiting conditions will provide benefits and safeguards equal to or better than those possible under a strict interpretation of the zoning ordinance. In no case shall a use not specifically permitted within the zoning district be allowed under this section and Section 17.68.050. When circumstances as described in GMC Section 17.72.020 (circumstances for granting) exist, the regular variance procedures shall be followed.
(5) Building permit conditions. In addition to conditions as described above in this section, the Council may also provide that a zoning amendment will become effective upon satisfactory performance by the applicant of certain conditions or actions, such as a bona fide application for a building permit within a specified period of time.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1483 §2 (Exh. 5), 2017.
17.68.050 Evidence supplied by applicant.
The applicant seeking a zoning map change pursuant to the provisions of GMC Section 17.68.010 must show by a preponderance of the evidence all of the following, unless otherwise provided for in this title:
(1) Granting the request fulfills a public need; the greater departure from present development policies or land use patterns, the greater the burden of the applicant.
(2) The public need is best carried out by granting the petition for the proposed action, and that need is best served by granting the petition at this time.
(3) The proposed action is consistent with the comprehensive plan and Metro’s Functional Plan (Metro Code 3.07), and the Transportation Planning Rule (OAR 660-012-0060).
(4) Proof of significant change in a neighborhood or community or a mistake in the planning or zoning for the property under consideration, when relevant.
(5) The property and affected area is presently provided with, or concurrent with development can be provided with, adequate public facilities, including, but not limited to, the planned function, capacity, and performance standards of the transportation system as adopted in the transportation system plan.
(6) The transportation system is capable of safely supporting the uses allowed by the proposed designation in addition to the existing and planned uses in the area, consistent with the Transportation Planning Rule (OAR 660-012-0060). Requirements of the State Transportation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.
Statutory Reference: ORS Ch. 197 and 227
History: Ord. 1131 §2, 1990; Ord. 1289 §1, 2000; Ord. 1483 §2 (Exh. 5), 2017.