Chapter 33.35
AMENDMENT

Sections:

33.35.010    Zoning Code may be amended.

33.35.015    Type of amendments.

33.35.020    Repealed.

33.35.030    Repealed.

33.35.040    Planning Commission public hearing.

33.35.050    Repealed.

33.35.060    Planning Commission recommendation.

33.35.070    Repealed.

33.35.080    Decision of the Board.

33.35.090    Required showing for an amendment.

SOURCE:    ADOPTED:

Ord. 581    12/19/95

AMENDED SOURCE:    ADOPTED:

Ord. 680    12/07/99

Ord. 780    09/06/05

Ord. 807    12/19/06

33.35.010 Zoning Code may be amended.

The purpose of this chapter is to establish procedures and timelines for amending this title. This chapter distinguishes between amendments that are consistent with and implement the comprehensive plan from amendments that require an amendment of the comprehensive plan in which the cumulative impacts must be evaluated pursuant to RCW 36.70A.130.

33.35.015 Type of amendments.

Clallam County has identified three types of amendments which are further described below. The determination of the type of amendment shall be made by the Administrator.

(1) Type A revisions to the official comprehensive plan and zoning map to correct map errors shall be considered a Type A amendment. Type A amendments must demonstrate consistency with all goals, policies, and mapping criteria of the comprehensive plan. Type A amendments may be initiated at any time by the property owner, the Board of Clallam County Commissioners, the Clallam County Planning Commission, or by the Administrator. Type A amendments require an amendment to the official comprehensive plan map pursuant to the procedures outlined in Chapter 31.08 CCC.

(2) Type B revisions to the development standards or other provisions of this title that do not require a change to the comprehensive plan, including the official comprehensive plan and zoning map, shall be considered a Type B amendment. Type B amendments include correcting errors, clarifying or revising development standards, and adopting new development standards that are consistent with and implement the comprehensive plan. Type B amendments may be initiated at any time and by only the Board of Clallam County Commissioners, Clallam County Planning Commission, or the Administrator.

(3) Type C revisions, except as otherwise provided in this section, are all other proposals to amend this title, including the official comprehensive plan and zoning map. Type C amendments require an amendment to the comprehensive plan pursuant to the procedures outlined in Chapter 31.08 CCC. Type C amendments are subject to fees as noted under Chapter 5.100 CCC, Consolidated Fee Schedule.

33.35.020 Initiation of amendment.

Repealed by Ord. 780, 2005.

33.35.030 Initiation of amendment application.

Repealed by Ord. 780, 2005.

33.35.040 Planning Commission public hearing.

The Planning Commission shall hold at least one public hearing to review amendments. The hearing shall be noticed by publication in the newspaper of record of the County at least 10 days prior to the date of the hearing. The public notice shall include at a minimum: a description of the proposed amendment; the date, time, and place of the public hearing; and the location and hours where the public information files containing the proposed amendments can be viewed. If, for any reason, testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the Planning Commission may, before adjournment or recess of such matters under consideration, publicly announce the time and place of the continued hearing and no further notice is required. Clallam County may take other steps to notify the public, other jurisdictions, and agencies to amendments under review.

33.35.050 Decision on application – Time limit for.

Repealed by Ord. 780, 2005.

33.35.060 Planning Commission recommendation.

The Planning Commission shall develop findings and conclusions to support its recommendation to the Board of County Commissioners on amendments to this title. A copy of the action together with the findings adopted by the Commission shall be forwarded to the Board of County Commissioners within 14 days of said action. The findings shall be made available to the public upon request. Action on all amendments to the zoning text or official maps, whether such action is a denial or approval, by the Planning Commission, shall be recommendations to the Board of County Commissioners with the final decision resting with the Board. For Type A and C amendments, the recommendation of the Planning Commission and notice of such action shall also comply with the comprehensive plan amendment requirements under Chapter 31.08 CCC.

33.35.070 Board to consider ordinance.

Repealed by Ord. 780, 2005.

33.35.080 Decision of the Board.

After the receipt of the report and recommendations of the Planning Commission, the Board of County Commissioners shall hold a duly advertised public hearing in accordance with the Clallam County Charter and shall take action on the recommendation in the manner set forth in State law and the Clallam County Charter. If the initiator of the amendment withdraws the application prior to the public hearing, the Board of Commissioners shall cancel the public hearing and take no further action on the application.

33.35.090 Required showing for an amendment.

The Planning Commission and the Board of County Commissioners shall determine that a proposed amendment is consistent with all the following criteria before approval:

(1) The proposed amendment is consistent with the County Comprehensive Plan.

(2) The proposed amendment is consistent with interlocal agreements, transportation, parks and recreation, capital facility, utility, watershed, and other applicable land use and environmental plans adopted by the County.

(3) The proposed amendment will not be detrimental to the public health, safety, and welfare.

(4) The proposed amendment is necessary due to changed conditions or circumstances from the time the property was given its present designation which warrants consideration of a different land use designation. This criterion only applies to Comprehensive Plan and zoning map amendments.

(5) The proposed amendment will not result in probable significant adverse impacts to the adequacy of public facilities and services including, but not limited to, transportation, sewer, water, storm water, utilities, and parks required to meet urban or rural needs, and will not place uncompensated burdens upon existing and planned services.