Chapter 17.08
AMENDMENTS TO THE CODE AND ZONE DISTRICT MAPS
Sections:
17.08.020 Legislative amendments.
17.08.030 Quasi-judicial amendments and procedures.
17.08.040 Quasi-judicial amendments and standards.
17.08.050 Conditions of approval.
17.08.060 Transportation planning rule compliance.
17.08.010 Purpose.
The purpose of this chapter is to set forth the standards and purpose governing legislative and quasi-judicial amendments to this code and the zoning district map. 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. 2875 § 1.020.010, 2003)
17.08.020 Legislative amendments.
Legislative amendments to this code and to the zoning map shall be in accordance with the procedures and standards as set forth in Chapter 17.20 SHMC. (Ord. 2875 § 1.020.020, 2003)
17.08.030 Quasi-judicial amendments and procedures.
Quasi-judicial amendments to this code and to the zoning map shall be in accordance with the procedures set forth in this code and the following:
(1) The planning commission shall make recommendations to the city council on zone change applications which do not involve comprehensive plan amendments as provided by Chapter 17.24 SHMC;
(2) The planning commission or historic landmark commission, as applicable, shall make a recommendation to the council on an application for a comprehensive plan amendment; and
(3) The planning commission shall make a recommendation to the council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. (Ord. 3084 § 2, 2008; Ord. 2875 § 1.020.030, 2003)
17.08.040 Quasi-judicial amendments and standards.
(1) Quasi-Judicial Amendments and Standards for Making Decisions.
(a) 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 standards:
(i) The applicable comprehensive plan policies and map designation; and that the change will not adversely affect the health, safety, and welfare of the community;
(ii) The applicable Oregon Statewide Planning Goals adopted under ORS Chapter 197, until acknowledgment of the comprehensive plan and ordinances;
(iii) The standards applicable of any provision of this code or other applicable implementing ordinance; and
(iv) A proposed change to the St. Helens zoning district map that constitutes a spot zoning is prohibited. A proposed change to the St. Helens comprehensive plan map that facilitates a spot zoning is prohibited.
(b) Consideration may also be given to:
(i) Any applicable evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. (Ord. 3215 § 4 (Att. D), 2017; Ord. 2875 § 1.020.040, 2003)
17.08.050 Conditions of approval.
(1) A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by SHMC 17.24.250.
(2) A legislative decision may be approved, approved with modifications, or not approved. (Ord. 2875 § 1.020.050, 2003)
17.08.060 Transportation planning rule compliance.
(1) Review of Applications for Effect on Transportation Facilities. A proposed comprehensive plan amendment, zone change or land use regulation change, whether initiated by the city or by a private interest, shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with OAR 660-012-0060 (the Transportation Planning Rule (“TPR”)). “Significant” means the proposal would:
(a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) As measured at the end of the planning period identified in the adopted transportation system plan:
(i) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;
(ii) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP; or
(iii) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan.
(2) Amendments That Affect Transportation Facilities. Comprehensive plan amendments, zone changes or land use regulations that significantly affect a transportation facility shall ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one or a combination of the following:
(a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility.
(b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of OAR 660-012-0060.
(c) Altering land use designations, densities, or design requirements to reduce demand for vehicle travel and meet travel needs through other modes of transportation.
(d) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility.
(3) Traffic Impact Analysis. A traffic impact analysis shall be submitted with a plan amendment or zone change application, as applicable, pursuant to Chapter 17.156 SHMC. (Ord. 3150 § 3 (Att. B), 2011)