Chapter 17.88
AMENDMENTS

Sections:

17.88.010    Procedure.

17.88.020    Initiation of amendments.

17.88.030    Application.

17.88.040    Action by the planning commission.

17.88.050    Action by the city council.

17.88.060    Burden of proof.

17.88.065    Notice.

17.88.070    Limitation on new applications.

17.88.010 Procedure.

This title and/or the comprehensive plan map or text may be amended by changing the boundaries of districts or designations or by changing any other provisions thereof, whenever the public necessity and convenience and the general welfare requires such an amendment, by following the procedure of this chapter. (Ord. 92-3 § 6; Ord. 84-2 § 12.010)

17.88.020 Initiation of amendments.

An amendment to the text of this title or to the zoning map and/or to the comprehensive plan map or text may be initiated by:

A. Motion of the planning commission;

B. Motion of the city council;

C. Application filed by an owner of record, a purchaser under a recorded land sale contract, or the holder of an option to purchase property which is the subject of the application for rezoning or comprehensive plan map redesignation;

D. A Lincoln City resident requesting a change to the text of the comprehensive plan or this title. (Ord. 92-3 § 6; Ord. 84-2 § 12.020)

17.88.030 Application.

The property owner or his authorized agent or for textual changes a resident of Lincoln City may make application for an amendment by filing an application, at least 45 days prior to the meeting date the matter is intended to be considered, with the planning director or his designee on a form and in a manner prescribed by the city, pursuant to LCMC 17.76.010, which shall include the following additional information:

A. Name and address of the applicant;

B. For map amendments, the applicant shall provide title report and/or other documentation to provide evidence that the applicant is the owner of record, a purchaser under a recorded land sale contract, or the holder of an option to purchase property which is the subject of the application;

C. Address, legal description and Lincoln County assessor’s tax lot and map number of the property subject to a map amendment;

D. A map (Lincoln County assessor’s plat) showing the subject property and surrounding properties and a listing of current property owners within 100 feet of the property subject to this application for a map amendment;

E. Statement and supportive evidence indicating the precise manner in which the proposed amendment is in conformance with the comprehensive plan for the city of Lincoln City and each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of an amendment to this title, zoning map or comprehensive plan map and/or text as listed in LCMC 17.88.050(D);

F. The application shall be accompanied by a filing fee in the amount established by general resolution of the city council. No part of the filing fee is refundable. (Ord. 92-3 § 6; Ord. 84-2 § 12.030)

17.88.040 Action by the planning commission.

A. Upon filing of the application for an amendment as described in LCMC 17.88.030, or upon motion of the city council or planning commission for the initiation of an amendment, the matter shall automatically be referred to the planning commission. The planning commission shall study the matter to the extent that it considers such study to be necessary, including the holding of a public hearing if it so desires, and shall, in open meeting, recommend the approval or disapproval of the amendment. The recommendation shall be reported to the city council by filing the recommendation with the city manager. The city manager shall, upon filing the recommendation, report the same to the city council at a subsequent regular city council meeting after the filing of the recommendations, by setting the matter for public hearing pursuant to LCMC 17.88.050.

B. The report and recommendations of the planning commission shall be made within 60 days after the filing of a complete application; provided, that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the commission to so report within 60 days without the aforesaid agreement shall be deemed to be a recommendation of approval of the proposed amendment of the planning commission. If the commission deems it advisable, it may recommend that the area under consideration for change in classification or designation be enlarged or diminished, or reclassified to a district or category other than the district or category originally initiated. (Ord. 92-3 § 6; Ord. 84-2 § 12.040)

17.88.050 Action by the city council.

A. Hearing Before City Council. Upon receipt of the report from the planning commission or upon the expiration of such 60 days as aforesaid, a public hearing is automatically set for the next regular city council meeting following the receipt of the report; provided, however, that the council may, by motion, set the date of such public hearing at such other time or at such other place it desires. Notice of the public hearing shall be given as provided in Chapter 17.76 LCMC, and in the case of an amendment to property containing a mobile home park, notice shall also be provided to tenants of such mobile home park.

B. At the conclusion of the public hearing, the council may enact an ordinance granting the comprehensive plan and zoning map or textual amendment, or may by motion deny the granting of the amendment. The council shall in any event render its decision on any application within 60 days after the receipt of the report and recommendation of the planning commission or after the expiration of such 60 days as aforesaid; provided, however, that nothing shall prohibit the city council from, by motion, postponing disposition of the application to a definite time past the 60-day period, provided mutual agreement is made for such postponement by the parties having an interest in the proceedings. If the council fails to take action on an application for a zoning or comprehensive plan map amendment within 60 days as provided above, the application shall be deemed denied.

C. If the council proposes to adopt an amendment that is substantially altered from the recommendation of the commission, the council may refer the proposed amendment back to the commission for report and recommendation, which may include the holding of a joint meeting, before adoption. The commission shall consider the amendment within 15 days of the referral and report thereon at the next regular meeting of the city council. Failure to so report will be deemed to constitute approval by the planning commission.

D. Findings of Fact. In order for the city council to adopt an ordinance for an amendment to this title, comprehensive plan document and/or map, findings must be made, and adopted as a part of said ordinance, that are adequate to support the amendment proposal. The findings must be factual and must be supported by substantial evidence submitted into the record. It must be found that the amendment complies with and conforms to the comprehensive plan goals, policies and land use map. It may be further necessary to provide evidence that the proposed amendment is in conformance with statewide land use planning goals and policies when a more specific direction is provided by the goals than the comprehensive plan. (Ord. 92-3 § 6; Ord. 84-2 § 12.050)

17.88.060 Burden of proof.

The specific findings made by the city council, upon the recommendation of the planning commission, to adopt an ordinance for an amendment to this title, comprehensive plan text and/or map must be factual and supported by substantial evidence. The burden of producing substantial evidence to support the requisite findings is on the applicant seeking the amendment. If no evidence is produced concerning the requisite findings listed in LCMC 17.88.050(D), the application may be denied based upon improper or inadequate findings. The evidence produced must be referenced in the final order and findings of fact adopted as a part of the ordinance adopting the amendment proposal. (Ord. 92-3 § 6; Ord. 84-2 § 12.060)

17.88.065 Notice.

A. Initial Notice to DLCD. At least 45 days before the first evidentiary hearing on a proposal to amend the comprehensive plan or this title, the department shall mail to the Director of the Oregon Department of Land Conservation and Development a notice that includes the text of the proposed amendment and any supplemental information that the department believes is necessary to inform DLCD of the effect of the proposal. The notice shall include the date set for the first evidentiary hearing.

B. Initial Notice to Others. Notice of a hearing on a proposal to amend the comprehensive plan or this title shall be given to others in accord with LCMC 17.76.020.

C. Notice to DLCD Following Adoption. Not later than five working days after adoption by the city council of an ordinance amending the comprehensive plan or this title, the department shall mail a notice that includes a copy of the ordinance, together with the findings adopted by the council supporting the ordinance, to the Director of DLCD. If the adopted amendment is substantially different than the proposed amendment mailed to DLCD under subsection (A) of this section, the notice shall specify the substantial differences. The notice shall include a signed statement by the person mailing it, indicating the date of deposit in the mail.

D. Notice to Others Following Adoption. On the same date as the department’s mailing under subsection (C) of this section, notice of adoption by the city council of an ordinance amending the comprehensive plan or this title shall be given to others in accord with LCMC 17.76.030(G). In addition to the information set out in LCMC 17.76.030(G), the notice also shall:

1. Identify the place where and the hours during which a person may review the amendment; and

2. Include a signed statement by the person mailing the notice indicating the date of deposit in the mail. (Ord. 2000-06-A § 21; Ord. 84-2 § 12.065)

17.88.070 Limitation on new applications.

In a case where an application for an amendment is denied by the city council, the application shall not be eligible for resubmittal for one year from the date of the denial, unless the denial was specifically stated to be without prejudice. A new application affecting the same property must be, in the opinion of the planning commission and the city council, substantially different from the application denied to be eligible for consideration within one year from the date of denial, unless the first denial was denied without prejudice, or the planning commission finds that conditions have changed to an extent that further consideration is warranted. (Ord. 92-3 § 6; Ord. 84-2 § 12.070)