Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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20 1property, within the meaning of ORS 227.186(9)(b). Petitioner questions whether the 2notice required by ORS 227.186 was given. We understand petitioner to argue the city 21 3should have given the notice required by ORS 227.186(5) and failed to do so. Intervenor- 4petitioner claims that he “did not receive the individual notice required by ORS 227.186.” 5Brief of Intervenor-Petitioner 1-2. 6 Given the broad ORS 227.186(9) definition of “rezoned,” we agree with petitioner 7that the amendments adopted by Ordinance 20418 “rezoned” property.See n 21. However, 8given the limited legal effect of the amendment adopted by section 17 of Ordinance 20417, 9we do not agree that section 17 of Ordinance 20417 rezoned property. That is the only 10section of Ordinance 20417 that petitioner argues rezoned property. Because Ordinance 1120418 rezoned property, the city was required to give the individual written notice required 12by ORS 227.186(4) and (5) for Ordinance 20418. 13 ORS 227.186(4) requires that “individual written notice” “be mailed to the owner of 14each lot or parcel of property that [an] ordinance proposes to rezone.” That individual 15written notice must be mailed “[a]t least 20 days but not more than 40 days before the date of 22 16the first hearing.” ORS 227.186(5) sets out fairly detailed requirements with which the 23 17notice must “substantially” comply. 20 ORS 227.186(9) provides: “For purposes of this section, property is rezoned when the city: “(a) Changes the base zoning classification of the property; or “(b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.” 21 Petitioner cites ORS 227.186(6) rather than ORS 227.186(5). However, as the city correctly notes, the detailed notice requirements of ORS 227.186(6) apply to amendments pursuant to periodic review. The amendments adopted by Ordinances 20417 and 20418 were not adopted pursuant to periodic review. The detailed notice requirements of ORS 227.186(4) and (5) apply to Ordinances 20417 and 20418, assuming they rezoned property. 22 ORS 227.186(4) provides: Page 38