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North Plains, OR Code of Ordinance
NORTH PLAINS, OREGON CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.107 TYPE III VARIANCE REVIEW CRITERIA.
   A variance may be authorized upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:
   (A)   Special conditions and circumstances exist which are peculiar to the land, building or structure involved;
   (B)   Granting the proposed variance would be in the public interest and would be in harmony with the purpose of the underlying zoning district and the intent and purpose of this chapter;
   (C)   The variance would result in minimal detriment to the immediate vicinity;
   (D)   The variance requested is the minimum variance which would make possible the reasonable use of the applicant’s land, building or structure; and
   (E)   The special conditions and circumstances on which the application is based do not result from the negligent or knowing violation of this chapter by the applicant.
(Prior Code, § 16.185.010)
§ 155.108 TYPE II MINOR VARIANCES.
   (A)   Minor variances that may be authorized administratively under a Type III process include the following:
      (1)   Minor variances, not to exceed 10%, from lot size, depth, width, area, coverage, landscaping and setback standards; and
      (2)   Minor variances of other design standards of the chapter. The City Planner or his or her designee has the discretion to require a variance of design standards under a Type III process with final approval by the Planning Commission at any time.
   (B)   Minor variances may be authorized administratively upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:
      (1)   Special conditions and circumstances, such as lot shape and configuration, exist which are peculiar to the land, building or structure involved;
      (2)   The variance would result in minimal detriment to the immediate vicinity;
      (3)   An application for an administrative variance is limited to one lot per application; and
      (4)   No more than three administrative variances may be approved for one lot or parcel in 12 months.
(Prior Code, § 16.185.015)
§ 155.109 CONDITIONS OF APPROVAL.
   (A)   In approving an application for a Type III variance, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this section is carried out.
   (B)   Such conditions shall be reasonably related to the variance criteria set forth in this chapter.
(Prior Code, § 16.185.020)
§ 155.110 COMPLIANCE WITH CONDITIONS.
   (A)   Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required.
   (B)   Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.
   (C)   The Planning Commission may revoke approval of any variance for failure to comply with any condition imposed in approval of the variance or for any other violation of this chapter.
(Prior Code, § 16.185.025)
COMPREHENSIVE PLAN AND ZONING AMENDMENTS
§ 155.125 PURPOSE AND SCOPE.
   (A)   (1)   Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes or to address changes in the law.
      (2)   The purpose of this chapter is to describe the general requirements and criteria to be considered in reviewing an application for an amendment to the Comprehensive Plan or this chapter.
      (3)   An amendment may be made to the text of the Comprehensive Plan or this chapter or to the Comprehensive Plan Map or Official Zoning Map.
   (B)   An amendment may be processed in either a legislative or quasi-judicial manner, as follows.
      (1)   Legislative amendments.
         (a)   Legislative amendments may only be made for the establishment of policy. Such an amendment may be initiated only by the City Council or the Planning Commission. An owner of land may submit an application to the City Council or Planning Commission to initiate the amendment by making such an application.
         (b)   Such amendments shall be made only by the Council after review and recommendation by the Planning Commission and after public hearings have been held pursuant to §§ 155.025 through 155.033 of this chapter.
      (2)   Quasi-judicial amendments.
         (a)   Quasi-judicial amendments may only be made for the application of established policy to specific properties in the city. Quasi-judicial amendments may be initiated by the property owner or owners, a contract purchaser or an agent authorized: by the property owner or owners; by the Planning Commission; or by the City Council.
         (b)   All quasi-judicial amendments shall be subject to the public notice requirements and public hearing requirements of §§ 155.025 through 155.033 of this chapter.
(Prior Code, § 16.200.000)
§ 155.126 APPLICATION AND FEE.
   (A)   An application for an amendment shall be filed with the city and accompanied by the appropriate fee.
   (B)   It shall be the applicant’s responsibility to submit a complete application which addresses the review criteria of this subchapter.
(Prior Code, § 16.200.010)
§ 155.127 REVIEW CRITERIA.
   (A)   Text amendment. An amendment to the text of the Comprehensive Plan or this chapter shall be based upon a need for such an amendment identified by the City Council or the Planning Commission. Such an amendment shall be consistent with the following review criteria:
      (1)   Impact of the proposed amendment on land use and development patterns within the city, as measured by:
         (a)   Traffic generation and circulation patterns in compliance with the Transportation System Plan (TSP);
         (b)   Demand for public facilities and services, in compliance with the city utility Master Plans;
         (c)   Level of park and recreation facilities;
         (d)   Economic activities;
         (e)   Protection and use of natural resources; and
         (f)   Compliance of the proposal with existing adopted special purpose plans or programs, such as public facilities improvements.
      (2)   The proposed amendment complies with all applicable statewide planning goals and administrative rule requirements;
      (3)   The amendment is appropriate as measured by at least one of the following criteria:
         (a)   It corrects identified error(s) in the provisions of the plan;
         (b)   It represents a logical implementation of the plan;
         (c)   It is mandated by changes in federal, state or local law; and
         (d)   It is otherwise deemed by the City Council to be desirable, appropriate and proper.
      (4)   When a development application includes a Comprehensive Plan, Zone Map or text amendment, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule OAR 660-012-0060, the Transportation Planning Rule. SIGNIFICANT means the proposal would:
         (a)   Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a street classification, requiring traffic to exceed the levels associated with a “collector” street classification, requiring a change in the classification to an “arterial” street as identified by the city’s Transportation System Plan (TSP);
         (b)   Change the standards implementing a functional classification system;
         (c)   As measured at the end of the planning period identified in the city’s TSP or Comprehensive Plan;
         (d)   Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance identified in the city’s TSP or Comprehensive Plan; or
         (e)   Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the city’s TSP or Comprehensive Plan.
      (5)   Except as provided in division (A)(6) below, amendments to the Comprehensive Plan or land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity and level or service of the facility identified in the city’s TSP. This shall be accomplished by one of the following:
         (a)   Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility;
         (b)   Amending the city’s 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;
         (c)   Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation;
         (d)   Amending the planned function, capacity or performance standards of the transportation facility; or
         (e)   Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
      (6)   Amendments to the Comprehensive Plan or land use regulation with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the city’s TSP or Comprehensive Plan, may be approved when all of the following criteria are met:
         (a)   The amendment does not include property located in an interchange area, as defined under applicable law;
         (b)   The currently planned facilities, improvements or services are not adequate to achieve the standard;
         (c)   The currently planned facilities, improvements or services at a minimum mitigate 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
         (d)   The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid degradation to the facility.
   (B)   Map amendment. An amendment to the Comprehensive Plan Map or Official Zoning Map may be authorized; provided that, the proposal satisfies all applicable requirements of this chapter; and, provided that, the applicant demonstrates the following:
      (1)   The proposed amendment is consistent with the goals and policies of the Comprehensive Plan;
      (2)   The purpose statement of the proposed zone can be met and the uses permitted in the proposed zone can be accommodated on the proposed site without exceeding its physical capacity. Allowed uses in the proposed zone can be established in compliance with the development requirements of the code;
      (3)   The proposed amendment is timely, considering the pattern of development in the area, surrounding land uses, any changes which may have occurred in the neighborhood or community to warrant the proposed amendment, and the availability of utilities and services to serve the proposed uses or other potential uses in the proposed zoning district; and
      (4)   The amendment conforms to the Transportation Planning Rule provisions under this section.
(Prior Code, § 16.200.015)
§ 155.128 FINDINGS.
   Findings justifying a decision on an application shall be made in writing, and shall be provided to the applicant.
(Prior Code, § 16.200.020)
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