Chapter 18.125
AMENDMENT TO THE ZONING ORDINANCE
Sections:
18.125.010 Procedure.
(A) Authorization to Initiate Amendments. An amendment to the text or the zoning map of the ordinance codified in this title may be initiated by the city council, by the planning commission, or by application of a property owner or his authorized agent. The planning commission (the commission) shall, within 40 days after a hearing, recommend to the city council (the council) approval, disapproval, or modification of the proposed amendment.
(B) Application Requirements. A request for a zone change may be initiated by a property owner or his authorized agent by filing an application with the community development department on forms prescribed by the community development director or designee.
(C) Approval Criteria. The applicant shall demonstrate the request meets the following criteria:
(1) The proposal conforms with the city’s comprehensive plan.
(2) The permitted uses of the proposed new zone will not materially and/or adversely affect the character of the neighborhood.
(3) The proposal will place all property similarly situated in the area in the same zoning category or in appropriate complementary categories, without creating a “spot zone.”
(D) Public Hearing. Before taking final action on a proposed amendment, the planning commission shall hold a public hearing. Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of CMC 18.15.030. The planning commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the commission shall announce the time and date when the hearing will be resumed. After receipt of the report on the amendment from the commission, the council shall hold a public hearing on the amendment.
(1) Hearing by Council. A public hearing held by the council on the proposed amendment to the ordinance codified in this title shall be as provided in ORS Chapter 227.
(2) Record of Amendments. The city recorder shall maintain a record of amendments to the text and map of the ordinance codified in this title in a form convenient for the use of the public.
(E) Zoning of Annexed Areas. The provisions of this chapter regarding amendments to the ordinance codified in this title shall not apply to action authorized by this section, but the commission shall proceed promptly to recommend a comprehensive zoning plan for the area in accordance with the provisions of this chapter. In order to afford zoning protection to newly annexed areas prior to the time when a comprehensive zoning plan is adopted, interim zoning shall be established as follows:
(1) An area annexed to the city which is not zoned shall be automatically classified as an R-7 zone.
(2) Zoning regulations applicable to an area annexed to the city which is zoned by the county at the time of annexation shall continue to apply in accordance with ORS 227.310 unless, at the time of annexation or at a subsequent time, the council rezones the annexed area. [Ord. 810, 2000; Code 2000 § 11.30.70; Ord. 841 Exh. 2, 2003.]