Amendments to the Zoning Ordinance
Section 112. Authorization to Initiate Amendments.
(1) Amendment to the text of this Ordinance may be initiated by the City Council or Planning Commission. Public hearings on text amendments shall be held before the Planning Commission.
(2) A Zoning map amendment may be initiated by the Planning Commission, City Council, or by application of the property owner or an authorized agent. Public hearings on owner-initiated Zoning map amendments shall be held before the Planning and Zoning Hearings Board. Public hearings on city-initiated Zoning Map amendments shall be held before the Planning Commission.
(3) The term "amendment" shall not include, and the procedure for amendment shall not apply to, non-substantive changes in this Ordinance or to any of the following revisions which shall be carried out on a continuing basis by the Planning staff to insure accuracy of the zoning map:
a. Addition of recorded subdivision plats, recorded land partitioning, recorded street or alley dedications, public facility locations, new street names;
b. Deletion of vacated subdivision plats, vacated streets or alleys, street names which have been changed, subdivision lot numbers where resubdivisions have occurred or where amended plats have been recorded, old city limit lines;
c. Inclusion within the city limits of annexed areas and exclusion of areas withdrawn from the city;
d. Name changes involving streets or alleys; or
e. Other similar revisions which do not affect zone boundaries.
(Amended by Ord. Nos. 2752/3‑76, 3422/9‑83 and 5998/12-11.)
Section 113. Application and Fee. An application for amendment by the property owner or his authorized agent shall be filed with the City Recorder. The application shall be accompanied by the fee as set in Section 129. (Amended by Ord. Nos. 2087/6-66; 2289/9-69; and 3320/5-82.)
Section 114. Authorization for Conditional Amendment and Standards for Zone Change Consideration.
(1) Amendment of this Ordinance by amending the zoning map may be contingent upon compliance with conditions found necessary to accomplish the purposes of this Ordinance and implement the goals and policies of the Hillsboro Comprehensive Plan. To that purpose, any of the following conditions, stipulations or limitations may be attached to a zone change approval: (Amended by Ord. No. 3451/3-84.)
a. Street improvements abutting/within the development area
b. Street dedication abutting/within the development area
c. Joint use/access agreement
d. Improvement agreements for the installation of necessary on-site public facilities
e. Utility easements
g. Off-street parking
h. Storm drainage improvements
i. Off-site public improvements when the rezoning and subsequent development will contribute significantly to the need for such off-site public improvements
j. Development Review approval by the Planning Commission; for projects in zones or locations for which development requirements and design standards are specified in the Zoning Ordinance. (Amended by Ord. No. 4821/9-99.)
k. Screening, fencing
l. Limiting access
m. Surety/performance bond
n. Non-remonstrance clause
(2) Before the City Council or Hearings Board grants a zone change, they shall require that the applicant demonstrate compliance with the following criteria:
a. That the request must conform with the Hillsboro Comprehensive Plan and this Ordinance;
b. That, where more than one designation is available to implement the Comprehensive Plan designation (e.g. R-7 vs. R-10), the applicant must justify the particular zoning being sought and show that it is best suited for the specific site, based upon specific policies of the Hillsboro Comprehensive Plan.
(Section 114 Amended by Ord. No. 3422/9-83; 4821/9-99 and 5892/12-08.)
Section 115. (Deleted by Ord. No. 3422/9-83.)
Section 116. Public Hearing on an Amendment. Before taking action on a proposed amendment to this Ordinance, the Planning and Zoning Hearings Board or the Planning Commission shall hold a public hearing thereon within 40 calendar days after receiving the application.
(1) Notice of hearing. Notice of time, place, and purpose of the public hearing before the Planning Commission or the Planning and Zoning Hearings Board, on a proposed amendment shall be given by the City Recorder in the following manner:
a. If an amendment to the text of this Ordinance is proposed, notice shall be by three publications in a newspaper of general circulation in the City, the first to be not more than 30 calendar days and the last not more than 10 calendar days prior to the date of hearing.
b. If an amendment to the zoning map is proposed, the notice shall be by one publication of a written notice and vicinity map in a newspaper of general circulation in the city, not less than four calendar days, nor more than 10 calendar days prior to the date of hearing and by mailing written notice not less than 10 days prior to the date of the hearing to owners of property within the area enclosed by lines parallel to (and) 500 feet from the exterior boundaries of the property involved using for this purpose the name and address of the owners as shown upon the current records of the County Assessor. Where all property so located is under the same ownership, the procedure specified in Subsection a. above shall be followed. The failure of a person to receive the notice specified in this Section shall not invalidate any proceedings in connection with the proposed zone change.
(2) Recess of hearing. The Planning Commission, City Council, or Hearings Board may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposed amendment. Upon recessing for this purpose, the Planning Commission, the City Council, or the Hearings Board shall announce the time and date when the hearing will be resumed or other manner, such as written evidence, in which additional information will be considered.
(3) Action of the Planning Commission or Hearings Board. A decision by the Planning Commission or the Hearings Board to deny an amendment shall be final unless appealed to the City Council according to the provisions of this o rdinance. An action favoring an amendment shall be in the form of a recommendation to the City Council. The City Council shall hold a public hearing on a City-initiated zone change in conjunction with an annexation, and may, on its own initiative or upon appeal, hold such hearing as it deems appropriate upon other proposed amendments. The City Council may pass an ordinance amending the Zoning Ordinance text or map based upon the recommendation of the Planning Commission or Hearings Board, or based on findings of the City Council. (Amended by Ord. Nos. 3422/9-83; 5393/7-04.)