[1]
Code reviser's note: The Comprehensive Plan was adopted by Ord. 494 and amended by Ords. 497, 524, 579, 587, 592, 598, 613, 619, 662, 664, 668, and 669.
A. 
Title. This chapter shall be known as the Comprehensive Plan of the City of Brownsville.
B. 
Purpose. The purpose of this chapter is to:
1. 
Adopt the Comprehensive Plan and make it the official land use document of the City of Brownsville.
2. 
Provide a method to ensure greater citizen involvement in the planning process.
3. 
Manage and accommodate future growth and development in a rational and economic manner.
4. 
Comply with state law, ORS chapter 197.
5. 
Ensure the health, safety and welfare of all citizens of the City.
6. 
Establish goals and policies which will direct and guide the growth of the City.
7. 
Clearly set forth those standards by which development will be judged.
C. 
Amendment. The Comprehensive Plan will serve as a flexible document which will be amended, updated and continually improved upon as an ongoing process which encourages adaptation to changing attitudes, technology and needs. The Comprehensive Plan will serve as the basis of all future Comprehensive Plans to be developed.
(1981 Compilation §§ 8-3.1, 8-3.2, 8-3.3; Ord. 494 §§ 1, 2, 3, 1980)
A. 
Purpose. The Comprehensive Plan of the City of Brownsville is established to safeguard the health, safety and welfare of the citizens of Brownsville while encouraging private use of the land. This amendment procedure is designed to allow changes to be made in the Comprehensive Plan because of changes in public policy, physical circumstances, and technological change.
B. 
Definitions.
1. 
"Commission"
means the Planning Commission of the City of Brownsville.
2. 
"Comprehensive Plan"
means the Comprehensive Plan of the City of Brownsville, Oregon, as passed by ordinance of the City Council, and as amended by the ordinance codified in this chapter.
3. 
"Subdivision code"
means the subdivision code of the City of Brownsville, Oregon.
4. 
"Zoning code"
means the zoning code of the City of Brownsville, Oregon.
C. 
Application. Application for amendment of the Comprehensive Plan may be initiated by:
1. 
Affected individuals, agencies and jurisdictions.
2. 
The Brownsville Planning Commission.
3. 
The Brownsville City Council.
D. 
Filing. Application for amendment of the Comprehensive Plan shall be filed on a form provided by the City Administrator, according to the provisions of this chapter.
1. 
Prior to filing an application for amendment, the applicant shall schedule and attend a preapplication conference with the City Administrator. The conference will be scheduled within 10 days of the request of the applicant.
2. 
The City Administrator shall refuse to accept an amendment application if insufficient information has been submitted to process the application, or if the applicant has failed to attend a preapplication conference as per subsection (D)(1) of this section.
3. 
No action by the City Administrator shall be interpreted as approval or denial of the application, either at the preapplication conference or Planning Commission hearing.
4. 
The City Administrator will schedule a public hearing with the Planning Commission within 30 days of the receipt of the application for amendment.
5. 
The fees assessed for each application shall be determined by resolution before the City Council.
6. 
Application for amendment of the Comprehensive Plan may be initiated to amend the plan map for a particular parcel or number of parcels, to amend the plan policies, or to amend a combination of the plan map and policies.
a. 
An application to amend the plan map designation for a parcel or parcels to two or more map designations shall require two or more separate applications, although such applications may be consolidated into a single hearing. Approval of one application shall not mandate approval of the other application.
b. 
An application to amend both the plan map and policies shall require two separate applications and hearings: one to amend the map, one to amend the policies. Approval of one application shall not mandate approval of the other application.
E. 
Notice. Notice of a public hearing before the Planning Commission and the City Council on a proposed Comprehensive Plan amendment shall be posted on the property, published in a newspaper of local circulation, and mailed to property owners and renters affected by the Comprehensive Plan policy change, or within 500 feet of the proposed Comprehensive Plan map change.
1. 
Notice shall be mailed by first class mail to the affected owners at the address shown on the last available complete tax assessment roll not less than 20 days nor more than 30 days prior to the date scheduled for public hearing. The applicant shall supply such a list with the application.
2. 
Failure of the property owner or renter affected by the proposed Comprehensive Plan amendment to receive notice of public hearing shall not invalidate a recommendation by the Planning Commission or a final decision by the City Council.
3. 
Notice of the proposed plan map amendment indicating the date and time affixed for public hearing shall be posted on the applicant's property by City employees, who shall have the right of entry and posting, with such posting to occur not less than 20 days prior to the date of public hearing.
4. 
The City Administrator may delay or reschedule the hearing date for a proposed amendment at the request of the applicant with no additional charge only if notice of the public hearing has not been mailed to affected persons.
5. 
Notice of an application to amend the Comprehensive Plan shall be transmitted to all affected special districts or other governmental entities, affected federal, state, county and regional agencies and/or City departments.
a. 
Such notice shall be transmitted a minimum of 20 days prior to the date of public hearing to allow affected agencies and departments sufficient time to comment on the proposed amendment.
b. 
All agency and department comments received by the City Administrator shall be made a part of the hearing record and shall be considered during the public hearing.
c. 
Failure of an affected governmental entity or public committee to receive notice of public hearing on a proposed amendment to the Comprehensive Plan shall not invalidate a recommendation by the Planning Commission or a final decision by the City Council.
F. 
Hearings.
1. 
The Planning Commission shall conduct a minimum of one public hearing on an application to amend the Comprehensive Plan.
a. 
A minimum of a simple majority of the total membership of the Planning Commission shall vote in favor of a recommendation to the City Council on the proposed amendment.
b. 
The Planning Commission shall render a recommendation on the proposed amendment between the next regularly scheduled Planning Commission meeting and 60 days of the closing of the first hearing. Failure of the Planning Commission to render a recommendation within the prescribed time shall result in a new public hearing before the City Council without cost to the applicant.
c. 
In issuing its recommendation, the Planning Commission may approve or deny the proposed amendment as submitted, or may modify or amend the application.
2. 
The City Council shall conduct a minimum of one public hearing on an application to amend the Comprehensive Plan.
a. 
In making a final decision on the proposed plan amendment, the Council shall consider any pertinent evidence, including the testimony of the public, comments by affected agencies, departments, special districts and committees, the City's staff report, Planning Commission recommendations, and other such data.
b. 
The Council shall render a final decision on the application within 90 days of the first Council hearing.
c. 
In issuing its final decision, the Council may approve or deny the proposed amendment as submitted, or may modify or amend the application.
3. 
The burden of proof shall be upon the applicant to substantiate that the proposed Comprehensive Plan amendment will meet an existing public need for the kind of change requested, and that the public need will best be met by the proposed amendment, at the exclusion of other alternative locations or policy changes. The burden of proof shall increase proportionately with the magnitude of change requested.
G. 
Approval. To approve an application for amendment of the Comprehensive Plan, findings shall be made that:
1. 
The proposed amendment assists the City to comply with the state-mandated planning goals and guidelines and other applicable legislative acts and judicial determinations;
2. 
The proposed amendment is of substantial public need to warrant action prior to the timetable established for revision of the existing Comprehensive Plan;
3. 
Other suitable alternative locations or policy changes are not presently available to accommodate the use for which the amendment is proposed;
4. 
Approval of the proposed Comprehensive Plan amendment will not have a significant negative impact on the existing level of public facilities and transportation services, and on the overall land use pattern of the area;
5. 
The development limitations, such as soil and foundation suitability, geology, water quality, etc., of the parcel and area are capable of supporting the use for which the Plan is proposed to be amended; and
6. 
The proposed amendment will not have a significant negative impact on the health, safety or welfare of any citizen.
H. 
Review. The City of Brownsville shall review the Comprehensive Plan and related ordinances every three years.
1. 
Revisions of the Comprehensive Plan shall be either in the form of amendments which comply with this chapter, or a complete rewrite of the Comprehensive Plan, which shall pass as an ordinance through the City Council.
2. 
The City of Brownsville shall take action on any element of the plan (land use, public facilities, housing, transportation, and urbanization) prior to the scheduled review period if it is found that circumstances have drastically changed which render an element or any part thereof inefficient to serve the best interest and to preserve the health, safety and general welfare of the Brownsville community.
I. 
Validity. If a section or subsection of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(1981 Compilation §§ 8-4.1 – 8-4.9; Ord. 497 §§ 1 – 9, 1980)