(A) Timing of requests. The City Council may establish a schedule for when it will accept legislative code amendment or plan amendment requests, or the City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178.
(B) Application requirements.
(1) Application forms. Legislative applications shall be made on forms provided by the City Planning Official.
(2) Submittal information. The application shall contain all of the following information:
(a) The information requested on the application form;
(b) A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
(c) The required fee, except when the city initiates request; and
(d) One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.
(C) Procedure. Hearings on legislative land use requests are conducted similar to City Council hearings on other legislative proposals except the notification procedure for legislative land use requests must conform to state land use laws (ORS 227.175) as follows.
(1) The City Planning Official shall notify in writing the State Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation or comprehensive plan amendment) at least 45 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD certificate of mailing.
(2) At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
(a) Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one comprehensive plan land use designation to another). See also ORS 227.186 for instructions;
(b) Any affected governmental agency;
(c) Any person who requests notice in writing; and
(d) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
(3) At least ten days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city.
(4) For each mailing and publication of notice, the City Planning Official shall keep an affidavit of mailing/publication in the record.
(D) Final decision and effective date. A legislative land use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant. Notice of a legislative land use decision shall be mailed to the applicant, all participants of record and the Department of Land Conservation and Development within five business days after the City Council decision is filed with the City Planning Official. The city shall also provide notice to all persons as required by other applicable laws.
(Ord. 1267, passed 1-3-2012)