Chapter 18.100 REZONES AND AMENDMENTS

Chapter 18.100
REZONES AND AMENDMENTS

Sections:

18.100.010 Rezones and amendments.

The regulations, zone classification and zone boundary lines established by this title may be amended by ordinance passed by the council.

A. Change in zone classification or zone boundary lines established by this title may be initiated by a written request from the council, a motion by the planning commission, or a proper petition presented to the planning commission by property owners within the city and accompanied by the fee for processing such an application as may be established and amended by council resolution. Upon receiving a request for such change, the planning commission will investigate the request and hold a public hearing on the matter. Notice of the date, time, place and purpose of such hearing shall be published in a newspaper of general circulation in the city, posted on the site, posted at the City Hall and other public locations, and mailed to interested agencies and property owners prior to the date set for the hearing in accordance with this chapter and DPMC Title 19. In the case of a change of zone initiated by property owners, the planning commission will prepare findings of fact and issue a notice of decision after the hearing, the decision of the planning commission may be appealed to the council, and in any event, the city council shall have final adoption authority and shall adopt, modify, or deny the change of zone by ordinance at a public meeting if the planning commission’s decision is not appealed, or shall take action on the matter after a closed record appeal proceeding if the planning commission’s decision is appealed to the council. If, after consideration of the planning commission’s notice of decision, the council finds such amendment, or modification thereof, is of public necessity, benefits the general welfare of the city or constitutes good zoning practice, it shall then adopt an ordinance amending the official zoning map which is a part of this title.

B. A proposed change in regulations of this title may be initiated by a written request from the council, a motion by the planning commission, or a proper petition presented to the planning commission by citizens of the city and accompanied by the fee for processing such an application as may be established and amended by council resolution. Upon receiving a request for such change, the planning commission will investigate the request and hold a public hearing on the matter. Notice of the date, time, place and purpose of such hearing shall be published in a newspaper of general circulation in the city, and shall be posted at the City Hall and other public locations, at least 15 days prior to the date set for the hearing. The planning commission will prepare findings of fact and recommendations for the council after the hearing. If, after consideration of the planning commission’s report, the council finds such amendment is of public necessity, benefits the general welfare of the city or constitutes good zoning practice, it may adopt the decision of the planning commission by ordinance or, if it desires, the council may establish a date for and conduct a public hearing before the council for the purpose of determining whether or not to amend the text of this title. Notice of the hearing before the city council shall be given in the same manner as required for the planning commission’s hearing.

C. Whenever there is a proposed rezoning being reviewed where public hearing is advertised and held, if, after hearing testimony and considering the facts involved, the planning commission finds that a more restrictive zone classification than that requested and advertised or that a rezoning of less land than that advertised would be in the public interest and constitute good zoning practice and be preferable to that zone classification requested and advertised, the planning commission may issue a notice of decision in favor of said more restrictive zone classification or rezoning of the smaller land area without readvertising and rehearing in accordance with subsection A of this section.

D. Zone Change by Petition.

1. A petition for a change of zone classification or zone boundary lines may be filed with the planning commission by any person owning land in the area proposed to be rezoned or by the duly authorized agent of such record owner;

2. A petition for a change of zone classification or zone boundary lines shall contain signatures by the owners or duly authorized agents of at least 51 percent of the property within an area proposed for rezoning;

3. All petitions filed shall be accompanied by the petitioner’s statement justifying the zone change and a list of the names of the last grantee in the last deed in the chain of titles to each parcel or lot proposed to be rezoned and each parcel or lot which, in whole or in part, lies within a distance of 300 feet from the boundary of the property proposed to be rezoned, also the name of the person paying the taxes on each such parcel or lot, together with the address, when available, of each such grantee and person paying the taxes. If any property abutting the zone change site is owned by the same person or entity as the zone change site, the owners of property within 300 feet of that property owned by the zone change applicant shall also be included in the list of grantees and persons paying taxes. The list of owners and persons paying taxes must be certified by any title company, licensed in the state, within 30 days prior to the date such petition is filed with the planning commission. Petitions shall not be accepted for filing unless accompanied by the required current certified list of grantees and persons paying the taxes as prescribed in this subsection. The above list of owners is for the purpose of sending notices of the hearing to owners of properties in the area proposed to be rezoned and in the vicinity of the property proposed to be rezoned, but nothing in this subsection shall be construed as prohibiting any interested person from being heard who owns property which is more than 300 feet distant from the property proposed to be rezoned. Petitions, when circulated for rezone, must include a copy of the current zone designation(s) and proposed zone designation(s), landowner’s name and address, legal description of the lots owned, and the number of lots owned, and other information as required in DPMC Title 19 for a notice of application/public notice;

4. All petitions filed shall be presented on forms prescribed by the planning director. The petition form describing the proposed zone change and a map showing the properties within a 300-foot distance of the property to be rezoned, also the dedicated streets and alleys and portions of any official recorded plats of property therein, shall be prepared by the planning staff for the petitioner upon his/her presentation of a receipt from the city treasurer showing payment for the fee established by separate resolution of the council to cover the cost thereof. Failure to file a petition within one year after its date of issue by the planning staff shall render such petition void.

a. If any property abutting the zone change site is owned by the same person or entity as the zone change site, the owners of property within 300 feet of that property owned by the zone change applicant shall also be mapped for notification purposes;

b. A zone change petition shall be accompanied by a State Environmental Policy Act (SEPA) checklist, including a review and analysis of the comprehensive impacts of the proposed zone change;

5. Any petition properly filed with the planning department and accompanied by information prescribed herein, shall be heard in less than 30 days after the posting, publication and mailing of such hearing (whichever is last); provided, however, that if any zone change petition is predicated upon preparation of an environmental impact statement or upon amendment of the comprehensive plan, such environmental impact statement must be completed or such comprehensive plan amendment must be heard and approved prior to any hearing on the zone change petition;

6. All persons certified by the title company, as prescribed in subsection (D)(3) of this section, to be an owner of property within 300 feet of the boundary of the property proposed to be rezoned, or extended distance as provided for in said subsection (D)(3), and for whom the address is shown on the certified list, shall be sent a notice mailed not less than 15 days prior to the hearing date. Notice shall also be posted in at least three public places within the affected area not less than 15 days prior to the hearing date, in accordance with the requirements of DPMC Title 19. The notice of public hearing giving the date, time, place, purpose, and other information required for a notice of application/public notice, shall also be posted at the City Hall and other public locations and published in a newspaper of general circulation within the affected area not less than 15 days prior to the hearing date. The notice shall identify the property and reclassification proposed, the time of hearing and such other information deemed relevant by the planning commission. Failure of any person to receive such notice of hearing shall not invalidate any proceedings in connection with the proposed zone change.

E. An area-wide rezone initiated by the city to implement the comprehensive plan shall comply with the notice and hearing provisions of subsection B of this section.

F. The continuance of a public hearing through verbal motion at a regular or special meeting of the planning commission or city council, and posting of the continuance at the meeting/hearing place, shall be deemed as adequate notice thereof to the public. (Ord. 974 § 1, 2018: Ord. 722 § 169, 1998; Ord. 605 pp. 15 – 17, 1991; Ord. 592 § 1, 1991; Ord. 394 § 2.54, 1981)

18.100.020 Review by Commerce.

Prior to taking final action on any proposed amendments or additions to the text of this title, such amendments or additions, together with appropriate supporting materials, shall be forwarded to the State Department of Commerce for its preliminary review as required by WAC 365-195-620. (Ord. 974 § 1, 2018: Ord. 722 § 170, 1998)