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§ 151.273 CRITERIA, STANDARDS AND CONDITIONS OF APPROVAL.
   The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in divisions (A) and (B), below.
   (A)   Use criteria.
      (1)   The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;
      (2)   The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval;
      (3)   All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards; and
      (4)   A conditional use permit shall not allow a use that is prohibited or not expressly allowed under this chapter; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.
   (B)   Conditions of approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:
      (1)   Limiting the hours, days, place, and/or manner of operation;
      (2)   Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;
      (3)   Requiring larger setback areas, lot area, and/or lot depth or width;
      (4)   Limiting the building or structure height, size, lot coverage, and/or location on the site;
      (5)   Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;
      (6)   Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;
      (7)   Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
      (8)   Limiting the number, size, location, height, and/or lighting of signs;
      (9)   Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;
      (10)   Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;
      (11)   Requiring and designating the size, height, location, and/or materials for fences;
      (12)   Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands; and
      (13)   Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards.
   (C)   Approved conditional uses and uses existing prior to the effective date of this chapter and now classified in this chapter as a conditional use must apply for a new conditional use permit prior to any change in the use or in lot area, or alteration or enlargement of any structure. The City Planning Official may waive this requirement for minor alterations, i.e. those that will have no impact on neighboring properties and/or the general public.
(Ord. 2021-08-02, passed 10-12-2021)
MODIFICATIONS TO APPROVED PLANS AND CONDITIONS
§ 151.285 PURPOSE.
   The purpose of this section is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.286 APPLICABILITY.
   This chapter applies when an applicant proposes to modify an approved application or condition of approval.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.287 MAJOR MODIFICATIONS.
   (A)   Major modifications. The Planning Commission reviews applications for major modifications through the quasi-judicial procedure under § 151.233. Any 1 of the following changes constitutes a major modification:
      (1)   A change in land use, from a less intensive use to a more intensive use, as evidenced by, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20% or more;
      (2)   An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20% or more;
      (3)   A reduction in required setbacks, or an increase in lot coverage, by 20% or more;
      (4)   A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic, where the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e. requiring mitigation);
      (5)   A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20% or more; or
      (6)   Change to a condition of approval, or a change similar to (A)(1) through (5), above, that could have a detrimental impact on adjoining properties.
      (7)   Other changes similar to those in (A)(1) through (6), above, in scale, magnitude, or impact to adjacent properties, as determined by the City Planning Official.
   (B)   Major modification applications; approval criteria. Requests for major modifications shall conform to all of the following procedures and criteria:
      (1)   The applicant shall submit an application form, filing fee, a narrative or letter describing the modification, and a site plan using the same plan format as in the original approval. The city may require other relevant information, as necessary, in evaluating the request;
      (2)   The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance §§ 151.270 through 151.273;
      (3)   The scope of review shall be limited to the modification request. Notice shall be provided in accordance with §§ 151.230 through 151.238; and
      (4)   The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable Code criteria, which shall be the same as for the original land use approval (e.g., subdivision, site design review, conditional use, etc.).
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.288 MINOR MODIFICATIONS.
   (A)   Minor modification. A minor modification is a change to an approved plan or condition of approval that does not meet any of the thresholds for a major modification listed in § 151.287(A). The City Planning Official, through a Type I or II procedure, depending on whether the proposal involves the exercise of discretion, shall review proposals for minor modifications. Minor modifications include technical corrections to comply with codes and regulations, and changes that fall below the thresholds in § 151.287, as determined by the City Planning Official.
   (B)   Minor modification applications. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planning Official may require other relevant information, as necessary, in evaluating the request.
   (C)   Minor modification approval criteria. The City Planning Official shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of the Development Code and the conditions of approval of the original decision.
(Ord. 2021-08-02, passed 10-12-2021)
AMENDMENTS TO COMPREHENSIVE PLAN MAP, ZONING MAP OR CODE
§ 151.300 PURPOSE.
   The purpose of this subchapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and Zoning Map. Amendments may be necessary from time to time to reflect changing community conditions, to correct mistakes, or to address changes in the law.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.301 AUTHORIZATION TO INITIATE AND APPROVE AMENDMENTS.
   An amendment to the Comprehensive Plan text or map, and/or to the text or zoning map of this title may be initiated by the City Council, by the Planning Commission, or by application of a property owner or their authorized agent.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.302 PROCEDURE.
   (A)   Except for corrections, amendments to zoning code text are legislative (Type IV).
   (B)   Amendments to the Zoning Map that affect only one parcel are Type III actions. Amendments to the Zoning Map that affect more than one parcel are Legislative (Type IV) actions.
   (C)   Amendments to the Zoning Map that require an amendment to the Comprehensive Plan are legislative (Type IV) actions.
   (D)   Amendments that do not meet the criteria under divisions (A) through (C) may be processed as quasi-judicial amendments, pursuant to the Type III procedure.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.303 CRITERIA.
   Planning Commission review and recommendation, and City Council approval, of an ordinance amending the Zoning Map, Zoning Code, or Comprehensive Plan shall be based on all of the following criteria:
   (A)   If the proposal involves an amendment to the Comprehensive Plan, the amendment must be consistent with the Statewide Planning Goals and relevant Oregon Administrative Rules;
   (B)   The proposed change is consistent with and supportive of the Comprehensive Plan goals, objectives, and policies (the Comprehensive Plan may be amended concurrently with proposed changes in zoning);
   (C)   The proposed change is compatible with the surrounding existing and planned land use pattern.
   (D)   Public facilities (i.e. transportation system, water supply, sewer service, storm water disposal, and police and fire protection) are capable of supporting the uses permitted in the proposed zone.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.304 RECORD OF AMENDMENTS.
   The City Recorder shall maintain records of amendments to the text of this Code and the Zoning Map in a format convenient for public use. In the case of a map amendment, the map shall be made part of the ordinance.
(Ord. 2021-08-02, passed 10-12-2021)
§ 151.305 TRANSPORTATION PLANNING RULE COMPLIANCE.
   (A)   Amendments that affect transportation facilities. Amendments to the Comprehensive Plan and Zoning Code which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Banks Transportation System Plan. This shall be accomplished by one of the following:
      (1)   Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility;
      (2)   Amending the TSP or Comprehensive Plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period;
      (3)   Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation;
      (4)   Amending the planned function, capacity or performance standards of the transportation facility; or
      (5)   Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
   (B)   Exceptions. Amendments to the Comprehensive Plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the Transportation System Plan may be approved when all of the following criteria are met:
      (1)   The amendment does not include property located in an interchange area, as defined under applicable law;
      (2)   The currently planned facilities, improvements or services are not adequate to achieve the standard;
      (3)   Development resulting from the amendment will, at a minimum, mitigates the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and
      (4)   The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility.
(Ord. 2021-08-02, passed 10-12-2021)
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