AMENDMENTS AND ENFORCEMENTS

Chapter 17.155
AMENDMENTS

Sections:

17.155.010    Scope of amendments.

17.155.020    Initiation of amendments.

17.155.030    Procedure for amendments to the zoning code.

17.155.040    Reconsideration of application denied by the city council.

17.155.050    Reclassification scope.

17.155.060    Purpose.

17.155.070    Repealed.

17.155.080    Submittal requirements.

17.155.090    Decision criteria.

17.155.100    Map change.

17.155.110    Concomitant or development agreement.

17.155.120    Time limitation.

17.155.130    Periodic updating of zoning map.

17.155.140    Hearing and notice.

17.155.150    Council ordinance – Finality.

17.155.160    Appeals of council decision.

17.155.170    Severability.

17.155.010 Scope of amendments.

Any provision of this code, as well as the boundaries of the various zoning districts established herein, may be amended by the Stanwood city council, after due public notice and hearing before the planning commission, where interested parties and citizens shall have an opportunity to be heard, subject to the provisions of this chapter. (Ord. 1110 § 3, 2002; Ord. 1024, 1998; Ord. 929 Ch. 11(A), 1995).

17.155.020 Initiation of amendments.

Amendments to this code, including the zoning maps, may be initiated by any of the following methods:

(1) The verified petition of one or more owners, lessees, or agents of property affected by the proposed amendment;

(2) The verified petition of other interested parties; or

(3) Action of the council, planning commission, or city staff. (Ord. 1110 § 3, 2002; Ord. 1024, 1998; Ord. 929 Ch. 11(B), 1995).

17.155.030 Procedure for amendments to the zoning code.

(1) Every proposed amendment to this title, including changes in the zoning district maps or boundaries, shall be first referred to the planning commission.

(2) Upon submission of a complete application for an amendment to this title, as provided in SMC 17.155.080, the commission shall schedule a public hearing, which shall be not less than 10 and not more than 60 days from the date the city provides notice that the application is complete. At the meeting, interested parties and citizens shall have the opportunity to be heard, under the requirements contained in Chapter 17.85 SMC.

(3) Additionally, the commission shall receive in writing statements from the relevant city of Stanwood departments to inform them as to the availability and capacity of all required infrastructure, including roadway, water, wastewater, stormwater, and electrical power systems to accommodate the level of development that could occur if the zoning amendment were to be granted. If statements are not available at the time of the public hearing, those departments shall have an opportunity to make oral statements at said hearing. If no statement, written or oral, is given by any department or government agency, it shall be assumed that they concur with the requested amendment.

(4) Having taken into account the conditions and requirements set forth in subsections (2) and (3) of this section, as well as all requirements of Chapter 17.157 SMC when applicable, the commission shall render a recommendation on the zoning amendment request to the city council.

(5) The city council shall consider a recommendation from the planning commission on a request to amend any portion of this code, within 30 days after receiving the planning commission recommendation. The council shall then render a decision on said request, issue findings and conclusions and a final notice of decision on the proposal. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1024, 1998; Ord. 929 Ch. 11(C), 1995).

17.155.040 Reconsideration of application denied by the city council.

Whenever council, after hearing all the evidence presented upon any application under the provisions of this code, denies the same, further hearings shall not be held on a renewal application for the same matter by the same applicant or applicants, their successors or assigns, for a period of one year from and after denial thereof, except and unless they shall find and determine from the information supplied by a request for a rehearing, that changed conditions have occurred relating to the application and that a reconsideration is justified. If the rehearing is denied, the application shall not be reopened for at least one year from the date of the original action. (Ord. 1024, 1998; Ord. 929 Ch. 11(D), 1995).

17.155.050 Reclassification scope.

This chapter establishes the procedure and criteria that the city will use in making a decision upon an application for a zoning code amendment or a reclassification of property from one land use zone to another land use zone or for any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a reclassification. (Ord. 1110 § 3, 2002; Ord. 1024, 1998).

17.155.060 Purpose.

A reclassification of property is a mechanism by which the land use zone classification, conditions, or concomitant agreement applicable to property can be changed to reflect such things as changed circumstances, new land use needs or new land use policies. (Ord. 1024, 1998).

17.155.070 Application.

Repealed by Ord. 1110. (Ord. 1024, 1998).

17.155.080 Submittal requirements.

(1) Application for a reclassification of property(ies) shall be made on forms prescribed by the city, and shall be accompanied by the following information:

(a) A vicinity map, showing the location of the site in relation to nearby streets and properties;

(b) A summary table of project statistics, including site area, building coverage, coverage by impervious surface, required and proposed parking, and similar data, as required, to evaluate conformance of the proposed project with city regulations;

(c) A written statement addressing the decision criteria as set forth in SMC 17.155.090;

(d) A perimeter legal description of the property, including parcel number;

(e) A statement to effect that the applicant or applicants are sole owners of the property;

(f) A completed SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review and fee;

(g) Payment of a fee, as shown in SMC 3.30.030;

(h) Any other information as required by the planning director or the prescribed application form.

(2) Application for a zoning code amendment shall be made on forms prescribed by the city, and shall be accompanied by the following information:

(a) Application form provided by the city;

(b) Application fee;

(c) SEPA checklist and fee;

(d) Narrative addressing the decision criteria of SMC 17.155.090(2); and

(e) Any other information as required by the planning director or the prescribed application form. (Ord. 1110 § 3, 2002; Ord. 1024, 1998).

17.155.090 Decision criteria.

(1) The city may approve or approve with modifications an application for a reclassification of property if:

(a) The reclassification bears a substantial relation to the public health, safety, or welfare;

(b) The reclassification is warranted because of changed circumstances or because of a need for additional property in the proposed land use zone classification or because the proposed zoning classification is appropriate for reasonable development of the subject property;

(c) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification;

(d) The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

(e) The reclassification has merit and value for the community as a whole;

(f) The reclassification is consistent with the Comprehensive Plan; and

(g) The reclassification complies with all other applicable criteria and standards of the Stanwood Municipal Code.

(2) The city may approve or approve with modifications an application for an amendment to the text of the zoning code if:

(a) The purpose and desired effect of the proposed zoning code amendment are consistent with the Stanwood Municipal Code;

(b) There is a positive relationship to the public health, safety and welfare of the community; and

(c) The proposed amendment is consistent with the Stanwood Comprehensive Plan. (Ord. 1110 § 3, 2002; Ord. 1024, 1998).

17.155.100 Map change.

Following approval of a reclassification of property, the city shall amend the zoning map of the city to reflect the change in land use zone. The city shall also indicate on the zoning map the number of the ordinance adopting the change. (Ord. 1024, 1998).

17.155.110 Concomitant or development agreement.

The city may enter into a concomitant or development agreement with the applicant as a condition of the reclassification, and may through that agreement impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. A development agreement shall be consistent with applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. A public hearing shall be required for both the reclassification of land and the development agreement (RCW 36.70B.180, 36.70B.190 and 36.70B.200). (Ord. 1024, 1998).

17.155.120 Time limitation.

The city may, in the ordinance approving the reclassification, establish a reasonable time within which development of the subject property must begin. If the city has established such a time limitation, the reclassification may be revoked upon application of the city for reclassification if the applicant has not applied for a building permit or other necessary development permit and completed substantial construction by the specified date. (Ord. 1024, 1998).

17.155.130 Periodic updating of zoning map.

From time to time, but at least every five years, the city council shall update the zoning map and zoning code of the city. (Ord. 1024, 1998).

17.155.140 Hearing and notice.

In order to effect the purpose of SMC 17.155.130, the planning commission shall, from time to time, hold a public hearing to receive any comments or objections to the zoning map as then existing. At least 10 days, but no more than 30 days prior to the hearing, notice of the hearing and its purpose shall be given by publication in the official newspaper of the city on one day in each of two successive weeks. The notice shall specify that any objections to the zoning map as then constituted, which are based on discrepancies between the map and any zoning map ordinance passed by the council or with the Comprehensive Plan, must be made at such hearing or the zones as shown on the current zoning map will become the zones for the city notwithstanding any prior action of the council or any other provisions of the Stanwood Municipal Code. The planning commission shall recommend any amendments to the city council for adoption. (Ord. 1084 § 3, 2000; Ord. 1024, 1998).

17.155.150 Council ordinance – Finality.

If the council determines to adopt an amendment or reclassification, it shall do so by ordinance. This ordinance shall clarify any previous ordinances that would be repealed or modified. The amendment or reclassification ordinance shall also direct the planning director to make the necessary changes to the official zoning map of the city. (Ord. 1024, 1998).

17.155.160 Appeals of council decision.

All land use decisions covered under this chapter may be appealed by the process provided for in SMC 17.80.140(4). (Ord. 1024, 1998).

17.155.170 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. (Ord. 1024, 1998).