Chapter 15A.23
AMENDMENTS AND REZONES

Sections:

15A.23.010    Purpose.

15A.23.020    Text Amendments.

15A.23.030    Rezones – Zoning Map Amendments.

15A.23.040    Appeals.

15A.23.010 Purpose.

From time to time a change in circumstance or condition may warrant a change in the zoning text or map created by this Title. The purpose of this Chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals and policies of the Comprehensive Plans (including adopted neighborhood plans) and the intent of this Title.

(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).

15A.23.020 Text Amendments.

(1)    Initiation. An amendment to the text, standards, procedures or other provisions of this Title may be initiated by action of the Legislative Body or the Planning Commission.

(2)    Action by the Legislative Body. Any amendments in this Title shall be by action of the Legislative Body after a recommendation thereon from the Planning Commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 36.70 and 36.70A as they now exist or are hereafter amended.

(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 11-2009 § 9, 2010: Ord. 10-1985 § 1 (part), 1986).

15A.23.030 Rezones – Zoning Map Amendments.

(1)    Initiation. An amendment to the zoning map may be initiated by:

(a)    The Legislative Body;

(b)    The Planning Commission; or

(c)    A rezone application filed by the property owner(s).

(2)    Application. All rezone applications shall be filed with the Planning Division, and shall be processed under the provisions of Section 15A.11.080 and YCC Title 16B. The application shall include the information required by the Administrative Official and the signature of the owner(s) of the property.

(3)    Public Hearing by the Hearing Examiner. Upon receipt of a complete application for a rezone, the Planning Division shall forward the application to the Hearing Examiner for public hearing and review. Provided, that rezone applications initiated by the County to implement a newly adopted or amended Comprehensive Plans, or which are of broad general applicability shall be heard by the Planning Commission under the provisions of RCW Chapter 36.70 and 36.70A. The public hearing shall be held and notice provided under the provisions of YCC Title 16B. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments.

(4)    Recommendation by the Planning Commission. The Planning Commission may, if requested by the Hearing Examiner, submit a recommendation on the proposed rezone to the Hearing Examiner prior to the issuance of his decision. The recommendation of the Planning Commission shall in no way be binding on the Hearing Examiner.

(5)    Decision by the Hearing Examiner. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the Examiner shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations:

(a)    The testimony at the public hearing;

(b)    The suitability of the property in question for uses permitted under the proposed zoning;

(c)    The recommendation from interested agencies and departments;

(d)    The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Comprehensive Plans, adopted neighborhood plans and the intent of this Title;

(e)    The adequacy and availability of public facilities, such as roads, sewer, water and other required public services;

(f)    The compatibility of the proposed zone change and associated uses with neighboring land uses;

(g)    The public need for the proposed change; and

(h)    Consistency with the criteria set forth in Chapter 16B.10.

Notification of the Hearing Examiner’s decision shall be issued as required under YCC Title 16B. The Notice of Decision shall also comply with RCW 36.70B.130. The decision of the Hearing Examiner on rezone applications shall constitute a recommendation to the Legislative Body.

(6)    Action by the Legislative Body. Upon receipt of the Hearing Examiner’s recommendation on a proposed rezone, the Legislative Body shall conduct a public hearing to affirm, modify, approve subject to a development concomitant agreement, or reject the recommendation of the Hearing Examiner. Notice of the public hearing shall be given in the manner set forth in YCC Title 16B. The findings of the Legislative Body shall include the considerations established in subsection (5) of this section and Chapter 16B.10.

(7)    Time Limit and Notification. Proposed amendments shall be decided by the Legislative Body as soon as practicable. Notification of the Legislative Body’s decision shall be issued as required under YCC Title 16B. The Notice of Decision shall also comply with RCW 36.70B.130.

(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 11-2009 § 10, 2010: Ord. 10-1985 § 1 (part), 1986).

15A.23.040 Appeals.

The decision of the Legislative Body shall be final and conclusive unless an aggrieved party files an appeal pursuant to RCW 36.70C within the timeframes and procedures specified therein.

(Ord. 7-2011 § 2 (Exh. A) (part), 2011: Ord. 10-1985 § 1 (part), 1986).