Chapter 21.22
RECLASSIFICATION

Sections:

21.22.100    Scope.

21.22.200    Purpose.

21.22.300    Who may apply.

21.22.350    Repealed.

21.22.400    Applicable procedure.

21.22.500    Submittal requirements.

21.22.600    Decision criteria.

21.22.700    Map change.

21.22.800    Concomitant zoning agreement.

21.22.900    Time limitation.

21.22.920    Fees.

21.22.940    Periodic updating of zoning map.

21.22.950    Hearing and notice.

21.22.960    Hearing objections.

21.22.970    Council ordinance – Finality.

21.22.980    Inconsistencies – Amendments.

21.22.100 Scope.

This chapter establishes the procedure and criteria that the city will use in making a decision upon an application for 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. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.200 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. 2020 § 11, 1994)

21.22.300 Who may apply.

The property owner or the city may apply for a reclassification of property. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994; Ord. 1302 § 1, 1982; Ord. 1151 § 4, 1980; Ord. 953 § 2, 1978)

21.22.350 Signatures on petition for change of zone classification.

Repealed by Ord. 2957. (Ord. 2020 § 11, 1994; Ord. 1135 § 1, 1980; Ord. 953 § 2, 1978; Ord. 190 Art. XV § 15.2, 1964)

21.22.400 Applicable procedure.

The city shall process an application for a reclassification of property as follows:

A. Site-specific or area-wide reclassification, processed concurrently with an application to amend the comprehensive plan future land use map designation for the same property: Process IV (decision by city council following public hearings by planning commission and city council). In instances where two public hearings for a land use permit may conflict with the provisions of RCW 36.70B.050, a single public hearing on the reclassification will be conducted by the city council.

B. Site-specific or area-wide reclassification, processed concurrently with adoption of a subarea plan: Process IV (decision by city council following public hearings by planning commission and city council). In instances where two public hearings for a land use permit may conflict with the provisions of RCW 36.70B.050, a single public hearing on the reclassification will be conducted by the city council.

C. Area-wide reclassification: Process IV (decision by city council following public hearings by planning commission and city council).

D. Site-specific reclassification: Process I (decision by hearing examiner following public hearing); provided, that any appeal of the hearing examiner’s decision will be to the city council under Process VII. (Ord. 3311 § 2, 2018; Ord. 2957 § 27, 2012; Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.500 Submittal requirements.

Application for a reclassification of property(ies) shall be made on forms prescribed by the city, and shall be accompanied by the following information; provided, that the development and business services director may waive any of these items, pursuant to LMC 1.35.015(A), upon request by the applicant and a finding that the item is not necessary to analyze the application:

A. A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvements, existing and proposed rights-of-way and improvements, and existing and proposed structures and other improvements, and particularly identifying the location of parking for the proposed use; this site plan shall also show structures, other improvements and natural features that are located within 50 feet of the project site; this information may be shown on several sheets if needed for readability;

B. A vicinity map, showing the location of the site in relation to nearby streets and properties;

C. 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;

D. A written statement addressing the decision criteria;

E. A legal description of the property, including parcel number;

F. A statement to the effect that the applicant or applicants are the sole owners of the property;

G. Photographs of the site;

H. A completed SEPA checklist (for environmental review), unless the project is categorically exempt from SEPA review;

I. A list of other permits that are or may be required for development of the property (issued by the city or by other government agencies), insofar as they are known to the applicant;

J. A list of other city permits that are to be processed concurrently with this permit, pursuant to LMC 1.35.080;

K. Payment of a fee, as shown in LMC 21.22.920. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2441 § 7, 2003; Ord. 2075 § 2, 1996; Ord. 2020 § 11, 1994)

21.22.600 Decision criteria.

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

A. The reclassification is substantially related to the public health, safety, or welfare; and

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; and

C. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and

D. The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

E. The reclassification has merit and value for the community as a whole; and

F. The reclassification is in accord with the comprehensive plan; and

G. The reclassification complies with all other applicable criteria and standards of the Lynnwood Municipal Code. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.700 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. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.800 Concomitant zoning agreement.

The city is specifically authorized to require that the applicant enter into a concomitant zoning agreement (CZA) with the city 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. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.900 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. 2441 § 7, 2003; Ord. 2020 § 11, 1994)

21.22.920 Fees.

Application and review fees relating to the reclassification process are set forth in Chapter 3.104 LMC. Deposits for reclassification are set forth in LMC 2.23.140. (Ord. 2699 § 29, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2242 § 8, 1999; Ord. 2020 § 11, 1994; Ord. 1630 § 4, 1988; Ord. 569 § 1, 1970; Ord. 356 § 4, 1967; Ord. 285 § 3, 1966)

21.22.940 Periodic updating of zoning map.

From time-to-time, but at least every five years, the city council shall update the zoning map of the city and make that map the final authority regarding land uses in the city. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994; Ord. 953 § 1, 1978)

21.22.950 Hearing and notice.

In order to effect the purpose of LMC 21.22.940, the city council shall, from time-to-time, hold a public hearing to receive any comments or objections to the zoning map as then existing. At least 30 days but no more than 60 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 Lynnwood Municipal Code. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994; Ord. 953 § 1, 1978)

21.22.960 Hearing objections.

At the hearing provided in LMC 21.22.950, any person may object to any part of the current zoning map for the reason that it is inconsistent with ordinances of the council or with the comprehensive plan. Such objections must be in writing and state with specificity:

A. The part or parts of the map objected to; or

B. The specific ordinance of the council or section of the comprehensive plan with which the map is inconsistent. (Ord. 2441 § 7, 2003; Ord. 2020 § 11, 1994; Ord. 953 § 1, 1978)

21.22.970 Council ordinance – Finality.

Following the hearing, the council shall, within 15 days, pass an ordinance affirming the zoning map as it exists except for those instances where the map has been shown to the council to be in conflict with past action. That ordinance shall supersede all prior ordinances regarding the zoning of property. Notwithstanding any other ordinance or provision of the Lynnwood Municipal Code, the ordinance passed by the council as provided in this section shall constitute the zones of the city. It shall supersede any prior ordinances of the council and shall be deemed the final authority of the matters contained in it as of its effective date. (Ord. 2020 § 11, 1994; Ord. 953 § 1, 1978)

21.22.980 Inconsistencies – Amendments.

In the event the council is made aware of inconsistencies between past ordinances and the zoning map, as provided in LMC 21.22.960, the council shall take the necessary steps to resolve such inconsistencies. Amendments made to resolve any inconsistencies shall be made as a city-initiated matter consistent with the procedures of Process IV, LMC 1.35.400 et seq. Pending resolution of such inconsistency, the property shall be deemed zoned for use according to the most restrictive use. (Ord. 2020 § 11, 1994; Ord. 953 § 1, 1978)