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(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
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)
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)
(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)
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)
(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)
No application of a property owner for an amendment to the text of this chapter or to a zone boundary shall be considered by the City Council within the 1-year period immediately following a previous denial of the request, except the City Council may permit a new application if in the opinion of the City Council new evidence or a change of circumstances warrant it.
(Ord. 2021-08-02, passed 10-12-2021)
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