§ 155.121 BASIS FOR DECISIONS.

   A decision on a land use plan text or land use map amendment by the Planning Commission or City Council shall be based on the ability of the proposed change to meet the following criteria:

   (A)   That changes have occurred in community attitudes or that physical, social, economic, or environmental conditions in the area have changed since plan adoption, and that a public need supports the change; or that the original plan was incorrect;

   (B)   That alternative sites for the proposed uses have been considered;

   (C)   That the proposed change is compatible with the land use plan policies and applicable LCDC goals and guidelines.

(Ord. 491, passed 6-13-2005)

§ 155.122 FINDINGS.

   The decision of the Planning Commission or City Council shall be based upon and accomplished by a brief statement that explains the following:

   (A)   The criteria and standards considered relevant to the decision;

   (B)   The basic facts relied upon in rendering the decision; and

   (C)   The ultimate facts and justification for the decision based on the criteria, standards, and facts set forth.

(Ord. 491, passed 6-13-2005)

§ 155.123 RECORD OF AMENDMENTS.

   A dated and executed copy of any amendment to the Zoning Ordinance or zoning map shall be maintained on file in the office of the City Recorder. The City Recorder shall maintain a record of the amendments to the Zoning Ordinance text and zoning map in a form convenient for use of the public.

(Ord. 491, passed 6-13-2005)

§ 155.124 LIMITATION ON RE-APPLICATION.

   No application of a property owner for an amendment to the text of the Zoning Ordinance or to the zoning map shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such request, except that the Planning Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it.

(Ord. 491, passed 6-13-2005)

NOTICES

§ 155.140 NOTICES AND APPLICATION PROCEDURES.

   The City Administrator or his or her designee shall give notice of a public hearing on a conditional use, variance, or quasi-judicial change to the zoning map or any other public hearing required by this chapter to all property owners within the applicable radius for notices as specified in § 155.141, and to such other parties as are deemed affected by the proposed change. Notice shall be by first-class mail or personal service with proof of delivery. Notice shall be mailed or delivered not less than 20 days, but not more than 40 days, prior to the date set for the first public hearing on the application, or not less than ten days for applications requiring more than one evidentiary hearing. Names and addresses of property owners shall be those shown in the records of the Union County Assessor.

(Ord. 491, passed 6-13-2005; Ord. 509, passed 2-11-2008)

§ 155.141 RADIUS FOR NOTICES.

   The radius for notices shall be within 300 feet of the exterior boundaries of the subject property, if the subject property is in the city limits but not in a farm or forest zone; or within 500 feet of the exterior boundaries of the subject property, if the subject property is in a Farm or Forest Zone (O.R.S. 197.763(2)(a)).

(Ord. 491, passed 6-13-2005)