Chapter 20.19
REZONE

Sections:

20.19.010    Purpose.

20.19.020    Procedure.

20.19.030    Criteria.

20.19.040    Concomitant agreement.

20.19.050    Annexed property.

20.19.010 Purpose.

This chapter establishes the procedures and criteria the city will use in making a decision on an application for a rezone of property. A rezone consists of a change in the boundary of a numbered area on the zoning map adopted pursuant to BMC 20.04.050(A); a change in the general use type, use qualifier or density of any numbered area as contained in Chapter 20.00 BMC; or any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a rezone. [Ord. 2004-12-088].

20.19.020 Procedure.

There are two types of rezones as follows:

A. Legislative Rezones. A rezone shall follow the process in Chapter 21.10 BMC for a Type VI process when:

1. It is initiated by the city and is an area-wide amendment, is part of a neighborhood plan update or part of a process that includes amending the text of this title; or

2. It requires a concurrent amendment to the comprehensive plan or neighborhood plan.

B. Quasi-Judicial Rezones. A rezone shall follow the process in Chapter 21.10 BMC for a Type V-A process when it does not meet the requirements of subsection (A)(1) of this section. [Ord. 2004-12-088].

20.19.030 Criteria.

The city may approve or approve with modifications an application for a rezone of property if:

A. It is consistent with the comprehensive plan or corresponds to a concurrent comprehensive plan amendment application;

B. It will not adversely affect the public health, safety or general welfare;

C. It is in the best interests of the residents of Bellingham;

D. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district;

E. Adequate public facilities and services are, or would be, available to serve the development allowed by the proposed zone;

F. It will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

G. It is appropriate because either:

1. Conditions in the immediate vicinity have changed sufficiently since the property was classified under the current zoning that a rezone is in the public interest; or

2. The rezone will correct a zone classification or zone boundary that was inappropriate when established; or

3. The rezone will implement the policies of the comprehensive plan. [Ord. 2004-12-088].

20.19.040 Concomitant agreement.

The city may require that the applicant enter into a concomitant agreement with the city as a condition of the rezone, and may through the agreement impose development conditions designed to mitigate potential impacts of the rezone and development thereto. [Ord. 2004-12-088].

20.19.050 Annexed property.

The city may establish comprehensive plan and zoning designations prior to annexation that take effect with annexation. Whenever the city does not adopt a zoning designation concurrently with the annexation process, the zoning designation shall be as follows until the zoning classification is amended:

General Use Type:

Residential Single

Use Qualifier:

Detached

Density:

20,000 square foot minimum detached lot size

[Ord. 2004-12-088].