Chapter 17.60 - AMENDMENTS

17.60.010 - Initiation.

The council may on its own motion, or upon property owner petition, after public notice and hearing, amend the text of the Elgin land use plan, the zoning ordinance, the partition and subdivision ordinance, and the transportation system plan, and change plan and zone boundaries. Amendments will address transportation system plan policies and standards.

(Ord. 131 § 1 (part), 1999: Ord. 5-1983 § 15.01)

17.60.020 - Notice.

A. A plan or zoning map change may be made only after notice to the owners of record of the properties within the area proposed for change, and to those other property owners of record within the area determined by the council to be that which is logical for inclusion in the change, and to those property owners within two hundred (200) feet of such areas. Width of streets and of alleys shall be excepted in the measurement of areas mentioned above.

B. A proposal to amend the land use plan or zoning or partition and subdivision ordinance or transportation system plan to adopt a new land use regulation shall be submitted to the Oregon Department of Land Conservation and Development and the Oregon Department of Transportation, Region 5 Office at least forty-five (45) days before the final city council hearing on adoption. The proposal submitted shall contain three copies of the text and any supplemental information the city believes is necessary to inform the Director of DLCD and ODOT, Region 5 as to the effect of the proposal and shall indicate the date of the final hearing on adoption by the city council.

(Ord. 131 § 1 (part), 1999: Ord. 5-1983 § 15.02)

17.60.030 - Petitions.

A. All changes except those initiated by the city council shall be made upon petition bearing the signatures of fifty (50) or more percent of the owners of record of the property within the area proposed for amendment, and within two hundred (200) feet from the boundaries of such area. Width of streets and alleys excepted. Such petition shall properly identify the property proposed for amendment and shall contain the correct addresses of those owners of record concerned in the area proposed for amendment and within all surrounding areas as set forth above.

B. The petition shall set forth the proposed change and the reason for the change in question. Prior to any hearing, the city council shall review the petition and determine if additional area should be included for amendment consideration.

C. The costs to consider any amendment not initiated by the city council shall be paid by the petitioners prior to the hearing.

(Ord. 5-1983 § 15.03)

17.60.040 - Public hearing.

A. The city council shall afford all interested persons an opportunity to be heard on the amendment proposal, at a public hearing. The time and place of same to be stated in notices mailed to the last known addresses of all property owners of record within the area proposed for amendment and in the contiguous area, as set forth above.

B. Notice of said public hearing shall be published in accord with state law, and in no case shall be published less than once within the week in which the meeting is to be held and shall state the facts pertinent to the hearing. If a petition is presented protesting against said amendment proposal, duly signed by fifty-one (51) or more percent of the owners of record, of the area proposed for amendment and the area within two hundred (200) feet of such as defined above, then the proposed amendment shall not be allowed.

(Ord. 5-1983 § 15.04)

17.60.050 - Findings.

A. In considering an amendment, the city council shall seek to determine that:

1. The change is in accord with the land use plan for the area; and

2. There has either been a substantial change in the character of the area since the current zoning was adopted which warrants changing the zone, or the zoning adopted for the area was in error; and

3. If the amendment significantly affects a transportation facility, the amendment shall assure that land uses are consistent with the function, capacity, and level of service of the facility identified in the transportation system plan. This shall be accomplished by one of the following:

a. Limiting allowed land uses to be consistent with the planned function of the transportation facility,

b. Amending the transportation system plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the transportation planning rule, or

c. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes.

B. A plan or land use regulation amendment significantly affects a transportation facility if it:

1. 1. Changes the functional classification of an existing or planned transportation facility;

   2. Changes standards implementing a functional classification system;

   3. Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility; or

   4. Would reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan.

(Ord. 131 § 1 (part), 1999)

17.60.060 - Notice of final action.

Notice of city council final action shall be given in the following:

A. The signed copy of each amendment to the land use plan or a land use regulation shall be maintained on file in the office of the city clerk. Additional copies shall be made available to the public.

B. Three copies of the ordinance amending the land use plan or land use regulation, or new land use regulations and findings to support the adoption shall be mailed or otherwise submitted to the Director of the Oregon DLCD and ODOT, Region 5 within five days after the final decision by the city council.

(Ord. 131 § 1 (part), 1999: Ord. 5-1983 § 15.05)