Chapter 130 – REZONES
Sections:
130.05 User Guide
130.10 Types of Reclassification
130.15 Legislative Rezones – Applicable Process
130.20 Legislative Rezones – Criteria
130.25 Legislative Rezones – Map Change
130.30 Quasijudicial Rezones – Applicable Process
130.35 Quasijudicial Rezones – Application
130.40 Quasijudicial Rezones – Criteria
130.45 Quasijudicial Rezones – Map Change
130.05 User Guide
This chapter establishes the mechanism and criteria for the City to change a zoning classification on the Zoning Map and to change the boundaries of zones on the Zoning Map. This mechanism is called rezoning. If you are interested in proposing a rezone or want to participate in the City’s decision on a proposed rezone, you should read this chapter.
Please note that this chapter does not apply to proposals to amend the text of this code. Chapter 135 KZC describes how that can be done.
(Ord. 4121 § 1, 2008)
130.10 Types of Reclassification
There are two (2) types of reclassification as follows:
1. Legislative Rezones – A rezone will be treated as a legislative matter when:
a. It is initiated by the City; and
1) The subject property is part of a significant class of properties which are similarly affected by the proposed rezone; and
2) Is either:
a) Based upon and will implement the results of a comprehensive planning process; or
b) Part of a process that includes, and is necessary to implement, amendment of the text of this code; or
b. It is initiated by the City and the sole purpose of the rezone is to correct grammatical, labeling, scrivener’s, or similar errors on the official Zoning Map; or
c. It is initiated by either the City or another party and will implement a community-initiated amendment to the Comprehensive Plan approved pursuant to Chapter 140 KZC.
2. Quasijudicial – A rezone will be treated as a quasijudicial matter when it does not meet the requirements of subsection (1) of this section. Quasijudicial rezones include proposals to change the Zoning Map within a range or category that is established by the existing comprehensive plan, comprehensive plan land use map and/or zoning code regulations, as well as proposals to place or remove an overlay zoning designation on the Zoning Map.
KZC 130.15 through 130.25 apply to legislative rezones. KZC 130.30 through 130.45 apply to quasijudicial rezones.
(Ord. 4749 § 1, 2021; Ord. 4121 § 1, 2008)
130.15 Legislative Rezones – Applicable Process
The City will use Process IV described in Chapter 160 KZC to review and decide upon a proposal for a legislative rezone; provided, that a rezone for the purpose of correcting grammatical, labeling, scrivener’s, or similar errors on the official Zoning Map may be processed either through Process IV or Process IVA pursuant to Chapter 161 KZC.
(Ord. 4121 § 1, 2008)
130.20 Legislative Rezones – Criteria
The City may decide to approve a legislative rezone only if it finds that:
1. Conditions have substantially changed since the property was given its present zoning or the proposal implements the policies of the Comprehensive Plan; and
2. The proposal bears a substantial relationship to the public health, safety, or welfare; and
3. The proposal is in the best interest of the community of Kirkland.
(Ord. 4121 § 1, 2008)
130.25 Legislative Rezones – Map Change
If the City approves a legislative rezone it will give effect to this decision by making the necessary amendment to the Zoning Map of the City.
(Ord. 4121 § 1, 2008)
130.30 Quasijudicial Rezones – Applicable Process
The City will use Process IIB described in Chapter 152 KZC to review and decide upon an application for a quasijudicial rezone.
(Ord. 4121 § 1, 2008)
130.35 Quasijudicial Rezones – Application
In addition to the application materials required in Chapter 152 KZC, the applicant shall submit a completed application on the form provided by the Planning and Building Department, along with all the information listed on that form.
(Ord. 4491 § 3, 2015; Ord. 4121 § 1, 2008; Ord. 3852 § 1, 2002)
130.40 Quasijudicial Rezones – Criteria
The City may approve an application for a quasijudicial rezone only if it finds that:
1. Conditions have substantially changed since the property was given its present zoning or the proposed rezone implements the policies of the Comprehensive Plan; and
2. The proposed rezone is compatible with the existing land uses in the immediate vicinity of the subject property; and
3. The proposed rezone bears a substantial relationship to the public health, safety, or welfare; and
4. The proposed rezone is in the best interest of the community of Kirkland; and
5. If the rezone is to place or remove an overlay zoning designation on the Zoning Map, the proposal meets the applicable designation criteria of Chapters 70 through 80 KZC.
(Ord. 4121 § 1, 2008; Ord. 3852 § 1, 2002. Formerly 130.45.)
130.45 Quasijudicial Rezones – Map Change
If the City approves an application for a quasijudicial rezone it will give effect to this decision by adopting an ordinance that makes the appropriate change to the zone boundary or zone classification on the Zoning Map.
(Ord. 4121 § 1, 2008. Formerly 130.50.)