18.84.020 Plan and text amendment, annexations and vacations.
Proposals for amendment of the comprehensive plan and changes in the text of the zoning ordinance may be initiated by the city council, the planning commission, the planning director or by application from a property owner or his authorized agent. A preapplication conference with city staff, where representatives from other affected city departments and public agency staff are invited to attend, is recommended prior to filing an application. Final action on amendments to the comprehensive plan, the text of the zoning ordinance, annexations and vacations shall be taken after public hearings before the city council, and not before the city council receives a report containing findings of the planning commission. All applications and all proposals initiated by the council and planning commission shall be referred to the planning commission which shall make a report of its findings to the council within 45 days of such referral.
(1) Notification.
(a) 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:
(i) 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;
(ii) Any affected governmental agency, including transportation and transit agencies;
(iii) Any person who requests notice in writing; and
(iv) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
(b) Public notice shall be provided at least 10 days before the scheduled public hearing.
(c) For each mailing and publication of notice, the city planning official shall keep an affidavit of mailing/publication in the record.
(d) The following DLCD notification requirements apply to all proposals to amend a comprehensive plan or land use regulation or to adopt a new land use regulation:
(i) A proposal for an amendment shall be forwarded to the director of the department of land conservation and development (DLCD) at least 35 days before the first scheduled evidentiary hearing on the application.
(2) The proposal forwarded to DLCD shall indicate the date of the final scheduled hearing, and shall be accompanied by appropriate forms provided by DLCD, a map on eight-and-one-half-inch by 11-inch paper (if possible) showing the area to be changed, and the existing and proposed designations, along with any supplemental information necessary to inform the director as to the effect of the proposal. The information submitted should explain the relationship of the proposal to the acknowledged plan and the goals, where applicable. Where a goal exception is proposed, the language of the exception should be included.
(3) When the planning director determines that the statewide planning goals do not apply to the proposed amendment, notice under subsection (1) of this section is not required.
(4) The city of North Bend may submit a proposed amendment with less than 35 days’ notice if the city has determined that there are emergency circumstances requiring expedited review.
(5) All adopted amendments shall be submitted to DLCD and to persons who participated in the proceedings after adoption as set forth in ORS 197.615, OAR 660-018-0050, and this section.
(6) Amendments and findings to support the adoption of these amendments shall be submitted to the director of DLCD within five working days after the final decision, and shall be accompanied by appropriate forms provided by DLCD. The city shall notify DLCD of withdrawals or denials of proposals previously sent to DLCD under this section, except that adopted amendments which are part of periodic review shall be submitted within 20 days after the final decision. The date of the “final decision” as described in this rule shall be the date on which the city of North Bend takes final action, and includes the adoption of all supplementary findings and data. In addition, the date of final action shall be the day following exhaustion of all appeal rights before the city of North Bend.
(7) The city of North Bend shall indicate in its transmittal which provisions of OAR 660-018-0022 are applicable where the adopted amendment was not submitted for review 35 days prior to the final hearing on adoption.
(8) Where amendments, including supplementary materials, exceed 100 pages, a summary of the amendment briefly describing its purpose and requirements shall be submitted to DLCD.
(9) If amendments which are adopted by the city are substantially changed from the original proposal, the city shall specify in the notice to DLCD the changes that have been made.
(10) Approval Criteria. Amendments to the zoning map, comprehensive plan, and text of the zoning ordinance are subject to the following standards:
(a) The proposed amendment is consistent with the applicable policies of the comprehensive plan or that a significant change in circumstances requires an amendment to the plan or map.
(b) The proposed amendment is in the public interest.
(c) Approval of the amendment will not result in a decrease in the level of service for capital facilities and services identified in the North Bend adopted capital improvement plan(s).
(d) The proposed amendment is consistent with the city of North Bend’s planned transportation system as described within the adopted transportation system plan.
(e) The proposal shall demonstrate it is consistent with the adopted transportation system plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Proposals shall be reviewed to determine whether they significantly affect a transportation facility pursuant to OAR 660-012-0060 (transportation planning rule – TPR). Where it is found that a proposed amendment would have a significant effect on a transportation facility, the city shall work in consultation with the applicable roadway authority and with the applicant to modify the request or mitigate the impacts in accordance with OAR 660-012-0060. (Ord. 2048 § 16, 2021; Ord. 2046 § 1, 2021; Ord. 1952 § 1(4), 2006)