Chapter 4.7
ZONING MAP AND DEVELOPMENT CODE TEXT AMENDMENTS
Sections:
4.7.200 Legislative amendments.
4.7.300 Quasi-judicial amendments.
4.7.600 Transportation planning rule compliance.
4.7.100 Amendments – Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the zoning 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. 08-06 § 3, 2008)
4.7.200 Legislative amendments.
Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in SDC 4.1.500. Amendments to the comprehensive plan, and amendments to the zoning and development code or zoning map necessitating a comprehensive plan amendment, may be approved if the city council finds that the change is consistent with the following criteria:
A. The amendment is consistent with the goals and policies of the comprehensive plan, the statewide planning goals, and any relevant area plans adopted by the city council;
B. The amendment conforms to the transportation planning rule provisions as implemented through SDC 4.7.600; and
C. The amendment is in the public interest; for example, it is needed to meet changing conditions or new laws. (Ord. 08-06 § 3, 2008)
4.7.300 Quasi-judicial amendments.
A. Applicability of Quasi-Judicial Amendments. “Quasi-judicial amendments” are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial zone map amendments shall follow the Type III procedure, as governed by SDC 4.1.400, using standards of approval in subsection (B) of this section. The approval authority for such actions shall be as follows:
1. The planning commission shall review and recommend zoning map changes that do not involve comprehensive plan map amendments;
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 zoning change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications.
B. Criteria for Quasi-Judicial Amendments. The city shall consider the following review criteria and may approve, approve with conditions or deny a quasi-judicial amendment based on the following; if the application for an amendment originates from a party other than the city; the applicant shall bear the burden of proof.
1. Approval of the request is consistent with the statewide planning goals;
2. Approval of the request is consistent with the relevant comprehensive plan policies and on balance has been found to be more supportive of the comprehensive plan as a whole than the old designation;
3. The requested designation is consistent with any relevant area plans adopted by the city council;
4. The requested designation is consistent with the comprehensive plan map pattern and any negative impacts upon the area resulting from the change, if any, have been considered and deemed acceptable by the city;
5. A public need will be met by the proposed change that is not already met by other available properties, or the amendment corrects a mistake or inconsistency in the comprehensive plan or zoning map regarding the property which is the subject of the application;
6. The property and affected area are presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and
7. The amendment conforms to other applicable provisions of this code, such as the transportation planning rule requirements incorporated into SDC 4.7.600.
8. Any amendment involving a change to the city’s urban growth boundary shall conform to applicable state planning rules for such amendments. (Ord. 08-06 § 3, 2008)
4.7.400 Reserved.
(Ord. 08-06 § 3, 2008)
4.7.500 Record of amendments.
The city recorder shall maintain a record of amendments to the text of this code and the zoning map. (Ord. 08-06 § 3, 2008)
4.7.600 Transportation planning rule compliance.
A. Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed comprehensive plan amendment, development code amendment, or zoning change, the proposal shall demonstrate it is consistent with the adopted transportation system plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Proposals shall be reviewed to determine whether they significantly affect a transportation facility pursuant to OAR 660-012-0060 (Transportation Planning Rule – TPR) and in accordance with traffic impact study provisions in SDC 4.1.900. Where it is found that a proposed amendment would have a significant effect on a transportation facility in consultation with the applicable roadway authority, the city shall work with the roadway authority and applicant to modify the request or mitigate the impacts in accordance with the TPR and applicable law. (Ord. 20-09 § 3 (Exh. B), 2020; Ord. 08-06 § 3, 2008)