Chapter 16.39
ZONE CHANGES
Sections:
16.39.000 Initiation of zone changes.
16.39.010 Authority to decide.
16.39.020 Board authority.
16.39.030 Review procedures.
16.39.040 Hearings officer’s decision.
16.39.050 Criteria.
16.39.060 Conditional zone changes.
16.39.070 Limits on conditions.
16.39.080 Adjustments to development requirements.
16.39.000 Initiation of zone changes.
A. Any amendment of the official zoning map involving five or less different ownerships, and which does not include any amendment to the text of the ordinance, is a zone change application. A zone change may be initiated in the manner provided for applications in Chapter 16.36 MCC.
B. Zone changes may also be initiated by resolution of the board or planning commission when the change is for some governmental purpose or in order to bring the zoning ordinance and zoning map into compliance with the Comprehensive Plan or state law. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.00.]
16.39.010 Authority to decide.
Except as provided in MCC 16.39.020, the hearings officer is authorized to make the initial decision on zone change applications. The requirements in this chapter shall govern the review of these applications. [Ord. 863 § 5, 1990. UZ Ord. § 39.01.]
16.39.020 Board authority.
The governing body may at any time, on its own motion, call up any zone change application or resolution and make the decision on said application or resolution. In those cases where the board exercises its authority to make the decision on the zone change proposal, that decision is final and appealable only as provided by Oregon law as an appeal from the final decision of the governing body. [Ord. 863 § 5, 1990. UZ Ord. § 39.02.]
16.39.030 Review procedures.
The zoning administrator shall set the matter for public hearing before the hearings officer and provide hearing notice as prescribed in Chapter 16.44 MCC. Review by the hearings officer shall be as prescribed in Chapter 16.44 MCC. Review by the board shall be as prescribed in Chapter 16.45 MCC. The zoning administrator shall prepare a written report to be included in the hearing record. A zone change may be modified to apply to only a portion of the subject property. A change to a zone more restrictive than requested may be approved provided the possible consideration of a more restrictive zone is indicated in the hearing notice. [Ord. 863 § 5, 1990. UZ Ord. § 39.03.]
16.39.040 Hearings officer’s decision.
A hearings officer’s decision on a zone change may be appealed to the board as provided in MCC 16.44.300. A hearings officer’s decision to approve a zone change does not become final until the board adopts an ordinance implementing the decision. A hearings officer’s decision to deny a zone change is final when the appeal period has expired unless the board calls up the application as provided in MCC 16.39.020 or a board hearing is required by state law. [Ord. 863 § 5, 1990. UZ Ord. § 39.04.]
16.39.050 Criteria.
Approval of a zone change shall include findings that the change meets the following criteria:
A. The proposed zone is appropriate for the Comprehensive Plan land use designation on the property and is consistent with the description and policies for the applicable Comprehensive Plan land use classification.
B. Adequate public facilities, services, and transportation networks are in place, or are planned to be provided concurrently with the development of the property.
C. The request shall be consistent with the purpose statement for the proposed zone.
D. If the proposed zone allows uses more intensive than uses in other zones appropriate for the land use designation, the proposed zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intensive uses. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.05.]
16.39.060 Conditional zone changes.
A. Authority. The board or hearings officer shall have authority to include conditions in the decision on a zone change. Conditions shall be limited to those matters identified in subsection (B) of this section found to be necessary and in the public interest.
B. Matters that may be conditioned:
1. Size, height, and location of buildings and accessory structures;
2. Landscaping when necessary to provide screening from incompatible adjacent uses or from public right-of-way;
3. Retention of existing trees and vegetation for buffering purposes;
4. Size, location, screening, drainage, and surfacing of driveways, parking and loading areas, and street access;
5. Size, height, location and illumination of signs;
6. Size, height, location, and materials for the construction of fences to screen the subject property from incompatible adjacent uses or from public right-of-way;
7. Location and intensity of outdoor lighting;
8. Hours of operation or conduct of particular activities;
9. Abatement, mitigation, or prevention of nuisances;
10. Availability and improvement of urban services, including street improvements, dedication of street right-of-way, traffic signs and signals, sewer, storm drainage, water, and turn-outs and shelters for mass transportation; provided the condition applies only to the subject property or public right-of-way or easements abutting the subject property;
11. Funds for provision, or improvement, of traffic signs, signals and turn lanes at the first intersection(s) of the street(s) abutting the subject property with a collector or arterial street. The amount of funds shall be based on a current estimate of costs of the needed improvements and the share of traffic to be added to the intersection by the uses in the proposed zone that generates the greatest traffic impact;
12. Conditions may require that all or part of the development or use be deferred until the happening of certain events such as the availability to the subject property of a certain level of service;
13. Conditions may require that requirements imposed under this section be filed in the deed records of Marion County. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.06.]
16.39.070 Limits on conditions.
The following limits and requirements apply to conditions imposed pursuant to MCC 16.39.060:
A. Conditions shall be stated with specificity; shall be reasonably related to the public health, safety, and welfare; and shall be designed to reasonably effectuate their intended purpose.
B. Conditions which would have the effect of limiting use of the subject property to one particular owner, tenant, or business shall not be imposed. Conditions shall not be so restrictive that they may not reasonably be complied with by other occupants who might devote the property to the same or a substantially similar use.
C. The provisions of Chapter 16.47 MCC shall apply to conditions imposed on a zone change.
D. If the dedication of street right-of-way or street improvements are required as provided in MCC 16.39.060(B)(10) and (11), provision of dedication, improvements or funding shall be deferred until a building permit or certificate of occupancy is required or prior to the use being established. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.07.]
16.39.080 Adjustments to development requirements.
The zone change decision may expressly authorize an adjustment from the applicable development requirements of this title, regardless of whether an application was filed for such adjustment, provided each of the following conditions is met:
A. The granting of the adjustment meets the criteria set forth in Chapter 16.41 MCC, except that the applicant shall bear no burden of proof as to such criteria;
B. The adjustment is required to accomplish a condition imposed as a part of the conditional zone change; and
C. The need for the adjustment was identified during the public hearing on the zone change. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 39.08.]