Chapter 30.42A
REZONES

Sections:

30.42A.010    Purpose and applicability.

30.42A.020    Rezone procedure.

30.42A.030    Initiating a rezone.

30.42A.040    Time limitation of application.

30.42A.060    Receiving area designation and requirement to use TDR.

30.42A.100    Decision criteria.

30.42A.110    Withdrawal.

30.42A.120    Continuing classification.

30.42A.130    Reapplication after denial without prejudice.

30.42A.140    Review or revocation of approval.

30.42A.010 Purpose and applicability.

The purpose of this chapter is to establish the procedure and criteria for site-specific rezones. A rezone is the mechanism to change the official zoning map and any applicable conditions tied to the zoning for particular property. This chapter applies to site-specific rezone proposals that conform to the comprehensive plan. County-initiated rezones in support of subarea plans or other area-wide planning processes are decided pursuant to chapter 30.73 SCC as legislative decisions.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.020 Rezone procedure.

Rezones as described in SCC 30.42A.010 shall be processed as Type 2 applications with a hearing examiner decision pursuant to chapter 30.72 SCC. For rezones tied to citizen-requested (non-project related) changes to the comprehensive plan and for county-initiated rezones related to subarea planning or other area-wide processes, see chapters 30.73 and 30.74 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.030 Initiating a rezone.

(1) A rezone may be initiated by an owner of the property, by request of the county council, or by the department when the amendment will further the objectives and goals of the comprehensive plan.

(2) Rezone applications shall be submitted according to the requirements of the rezone submittal checklist provided by the department pursuant to SCC 30.70.030.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.040 Time limitation of application.

An application for a site-specific rezone shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.42A.060 Receiving area designation and requirement to use TDR.

When a Type 2 site-specific rezone outside the Urban Growth Area increases the maximum allowable number of lots or dwelling units, the site shall be designated as a TDR receiving area pursuant to SCC 30.35A.080. TDR credits shall be required for any increase in lots or units associated with such Type 2 site-specific rezone above what was permitted under the comprehensive plan and development regulations in effect as of November 10, 2012.

(Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.42A.100 Decision criteria.

The hearing examiner may approve a rezone only when all the following criteria are met:

(1) The proposal is consistent with the comprehensive plan;

(2) The proposal bears a substantial relationship to the public health, safety, and welfare; and

(3) Where applicable, minimum zoning criteria found in chapters 30.31A through 30.31F SCC are met.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 14-073, Oct. 8, 2014, Eff date Oct. 27, 2014)

30.42A.110 Withdrawal.

Any application for a site-specific rezone may be withdrawn upon the written request of any one of the property owners who signed the application.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.120 Continuing classification.

The continuance of rezoning classifications shall be dependent on fulfillment of all of the established standards and conditions to the rezone approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.130 Reapplication after denial without prejudice.

After the hearing examiner’s or council’s final action denying a rezone, no further rezone action involving substantially the same property shall be requested for at least one year. If the hearing examiner or council finds that extraordinary circumstances exist, or that the request might deserve approval in the near future, but not at the present time, then the rezone may be denied without prejudice. In such a case, if the rezone request is reactivated in writing by the applicant within six months, and is reheard within nine months of the date of the original action, then the original case file and number shall be used and the rezone fee shall be waived.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42A.140 Review or revocation of approval.

Rezones and any concurrent or subsequent approvals issued pursuant to this chapter may be reviewed or revoked in accordance with SCC 30.71.027.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)