Chapter 18.15
ZONE CHANGES AND PLAN AMENDMENTS
Sections:
18.15.010 Initiation of a zone change or plan amendment.
18.15.020 Zone change and plan amendment by application.
18.15.050 Standards for zone changes.
18.15.060 Standards for plan map amendment.
18.15.010 Initiation of a zone change or plan amendment.
A zone change or plan amendment may be initiated in any one of the following three ways:
(1) City Council Motion. The City Council may initiate such action by motion. Upon initiation by the City Council, the City Manager shall set a date for a public hearing before the Planning Commission and give notice of such hearing as provided in this title. A City Council initiated action shall be reviewed under the Type IV review process, consistent with Chapter 18.10 MCC.
(2) Planning Commission Motion. The Planning Commission may initiate such action by motion. The resolution shall be forwarded to the City Manager, who shall set a date for a public hearing before the Planning Commission and give notice of such hearing as provided in this title. A Planning Commission initiated action shall be reviewed under the Type IV review process, consistent with Chapter 18.10 MCC.
(3) Applicant Initiation. A person authorized to file an application for a land use action under MCC 18.10.030 may initiate such action by application in one of two ways:
(a) Applicant-initiated zone changes that do not involve a plan amendment shall be processed as a Type III review, consistent with Chapter 18.10 MCC.
(b) Applicant-initiated plan amendments shall be processed as a Type IV review, consistent with Chapter 18.10 MCC. (Amended by Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.305.)
18.15.020 Zone change and plan amendment by application.
A person authorized to file an application for a land use action under MCC 18.10.030 may initiate a zone change or plan amendment for the property that they own by submitting to the City Recorder an application bearing the following:
(1) Present zoning and plan designation of the property;
(2) Proposed zoning and plan designation of the property;
(3) Street address and township, range, section, and tax-lot number of the property;
(4) Legal description of the property;
(5) Names, addresses, and zip codes of the owners of record of the property to be reclassified;
(6) Signatures of all owners of the property to be reclassified;
(7) A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities. (Amended by Ord. 1275, June 16, 2009; Ord. 1320, § 1 (Exh. A), June 18, 2013; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 90.310.)
18.15.030 Review process.
Zone changes and plan amendments will be reviewed under the Type III or Type IV review process, as established under MCC 18.15.010. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)
18.15.040 Action by the City Council.
Repealed by Ord. 1408. (Code 1983 § 90.320.)
18.15.050 Standards for zone changes.
No zone change shall be approved by the Planning Commission or enacted by the City Council unless it conforms to the Comprehensive Plan and meets the following standards:
(1) The proposed zone change meets at least one of the following standards:
(a) The zoning on the land for which the zone change is initiated is erroneous and the zone change would correct the error;
(b) Conditions in the neighborhood surrounding the land for which the zone change is initiated have changed to such a degree that the zoning is no longer appropriate, and the zone change would conform to the new conditions of the neighborhood;
(c) There is a public need for land use of the kind for which the zone change is initiated and that public need can best be met by the zone change.
(2) The proposed change is consistent with applicable goals and policies of the Comprehensive Plan.
(3) Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities and demonstrate compliance with OAR 660-012-0060.
(4) The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area. (Amended by Ord. 1260, January 3, 2008; Ord. 1275, June 16, 2009; Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 90.325.)
18.15.060 Standards for plan map amendment.
No Comprehensive Plan Map amendment shall be approved by the Planning Commission or enacted by the City Council unless the amendment meets the following standards:
(1) The proposed Comprehensive Plan Map amendment meets at least one of the following standards:
(a) The Comprehensive Plan designation for the land for which the plan amendment is initiated is erroneous and the plan amendment would correct the error;
(b) Conditions in the neighborhood surrounding the land for which the plan amendment is initiated have changed to such a degree that the Comprehensive Plan designation is no longer appropriate, and the plan amendment would conform to the new conditions in the neighborhood;
(c) There is a public need for land use of the kind for which the plan amendment is initiated and that public need can best be met by the plan amendment.
(2) The proposed change is consistent with applicable goals and policies of the Comprehensive Plan.
(3) Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. A traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities and demonstrate compliance with OAR 660-012-0060.
(4) The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area. (Amended by Ord. 1260, January 3, 2008; Ord. 1275, June 16, 2009; Ord. 1305, § 1 (Exh. A), November 6, 2012. Code 1983 § 90.330.)
18.15.070 Official maps.
Whenever any property is reclassified to a different zone or plan designation, the official Zoning Map or Comprehensive Plan Map shall be revised accordingly. Such revision shall be accomplished within 30 days of the effective date of the ordinance granting the zone change or plan amendment. (Code 1983 § 90.335.)