Chapter 17.56
Rezones and Amendments to the Text of the Zoning Provisions
Sections:
17.56.050 Submittal requirements.
17.56.060 Washington State Environmental Policy Act review.
17.56.070 Rezone review procedure.
17.56.100 Public hearing notice.
17.56.110 Conduct of public hearings.
17.56.120 Limitation on refiling applications.
17.56.130 Appeal of Montesano city council decision to superior court.
17.56.140 Concomitant agreement.
17.56.150 Time limitation on development under rezone.
17.56.010 Scope.
This chapter establishes the procedure and criteria the city will use in deciding applications to change the zoning of properties and amendments to the text of the zoning regulations. (Ord. 1366 (part), 1995).
17.56.020 Applicability.
This chapter applies to zoning applications and permits to rezone property and applications to amend the text of the zoning regulations. (Ord. 1366 (part), 1995).
17.56.030 Purpose.
To provide a mechanism to change the zoning of property or the text of the zoning ordinance to reflect changing circumstances, changing needs or changing policies. (Ord. 1366 (part), 1995).
17.56.040 Who may apply.
(a) To Reclassify Property. The property owner or the city may apply. For the city to apply, the rezone shall be initiated by a motion passed by either the Montesano planning commission or the Montesano city council. Any person or city staff may request that the Montesano planning commission or Montesano city council initiate a rezone. The administrator shall complete all necessary forms and provide all other information needed for applications initiated by the Montesano planning commission or Montesano city council.
(b) To Amend the Text of the Zoning Regulations. And person or the city may apply. For the city to apply, the amendment shall be initiated by a motion passed by either the Montesano planning commission or the Montesano city council. Any person or city staff may request that the Montesano planning commission or Montesano city council initiate an amendment. The administrator shall complete all necessary forms and provide all other information needed for applications initiated by the Montesano planning commission or Montesano city council. (Ord. 1366 (part), 1995).
17.56.050 Submittal requirements.
(a) The administrator shall specify the application forms and submittal requirements including the type, detail and number of copies for a rezone or amendment application to be deemed complete and to be accepted for filing.
(b) The administrator may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 1366 (part), 1995).
17.56.060 Washington State Environmental Policy Act review.
The Washington State Environmental Policy Act (SEPA) and the city of Montesano State Environmental Policy Act (SEPA) policies and procedures will generally apply to action taken under this chapter. See Title 14, Chapters 14.04 through 14.24, of the Montesano Municipal Code for the city of Montesano State Environmental Policy Act (SEPA) policies and procedures. (Ord. 1366 (part), 1995).
17.56.070 Rezone review procedure.
(a) The applicant shall submit an application and any required fees to the administrator.
(1) The administrator shall review the application and determine if it is complete. The application shall not be deemed filed until the administrator determines the application is complete and all required fees are paid.
(2) The administrator may establish deadlines for applications. In no case shall deadlines be established more than thirty days before Montesano planning commission meeting dates.
(3) The Montesano planning commission or the hearing examiner, as the case may be, may limit the number of applications to be considered at a meeting as part of the commission's or examiner's rules of procedure.
(b) Within five days of the filing of the application, the administrator shall provide a copy of the application to the SEPA responsible official who makes SEPA determination for rezone applications. SEPA review shall then be conducted as provided by Title 14, Chapters 14.04 through 14.24, of the Montesano Municipal Code.
(c) After a SEPA exemption, SEPA determination of nonsignificance, or SEPA final environmental impact statement is issued for an application; the administrator shall schedule a public hearing for the next Montesano planning commission meeting where the application can be accommodated and notice given, and provide notice of the hearing on the application as required in Section 17.56.100.
(d) If the application is request to modify the text of the zoning code or to change the zoning of all or a portion of the city and the applicant/s is not the owner or owners of the affected parcels, the matter shall be within the jurisdiction of the planning commission. If the application relates to a request to rezone a specific parcel or parcels of land and is submitted by the owner or owners of the affected parcel, the matter shall be within the jurisdiction of the hearing examiner. The Montesano planning commission or examiner, as the case may be, shall conduct a public hearing on the application. The hearing shall be conducted as provided in Section 17.56.110. At the hearing, members of the Montesano planning commission or the examiner, as the case may be, may request such additional information as is reasonably necessary to evaluate the application.
(e) After the public hearing has concluded, the Montesano planning commission or examiner, as the case may be, shall determine a recommendation on the application.
(1) If it is within the jurisdiction of the planning commission, the decision may be made at the same public meeting as the public hearing or at another public meeting. The Montesano planning commission shall make a recommendation within thirty-two days of the closing of the public hearing or of the written record, whichever shall be later. If it is within the jurisdiction of the hearing examiner, the decision shall be made within thirty-two days of the closing of the public hearing or of the written record, whichever shall be later.
(2) The recommendation shall be based on the decision criteria in Section 17.56.080.
(3) The decision issued may recommend conditions on the proposal or may recommend adoption of a more restrictive zoning district than requested in the application.
(4) The issued decision shall be in writing and shall adopt findings of fact and conclusions which support the recommendation.
(5) The recommendation shall not be reconsidered, except as a new application. The city council may remand the application back to the examiner or planning commission if significant new information becomes available after the initial hearing. Remanding the application is not required. If remanded, the examiner or the planning commission shall consider the remanded application at a public hearing. Notice of this public hearing shall be provided as required by Section 17.56.100. After consideration on remand, the planning commission or hearing examiner shall make a written recommendation to the city council on the remanded application within forty-five days of the date the application was remanded by the city council.
(f) The administrator shall transmit the written recommendation and the findings of fact and conclusions to the city council within fifteen days of the date the recommendation was filed with the clerk-controller.
(g) At the meeting the recommendation is received, the Montesano city council may set a date for a public hearing on the application and recommendation. Alternatively, it may find that the prior hearing has provided an adequate record upon which it may base its decision and go forward to decision without having a separate public hearing.
(h) If the council determines it appropriate to have an independent public hearing, it shall conduct the hearing as provided in Section 17.56.110. At the hearing, the mayor and members of the Montesano city council may request such additional information as is reasonably necessary to evaluate the application.
(i) After the public hearing has concluded, the Montesano city council shall decide the application.
(1) The decision may be made at the same public meeting as the public hearing or at another public meeting. The Montesano city council shall vote on the application within thirty days of the closing of the public hearing or the written record, whichever shall be later, unless the applicant and any adverse parties agree in writing to an extension of time.
(2) The decision shall be based on the decision criteria in Section 17.56.080.
(3) The Montesano city council may condition the proposal or may adopt a more restrictive zoning district than requested in the application.
(4) If the Montesano city council contemplates approving the application modified to such an extent that it results in a proposal not reasonably foreseeable from the description of the proposal contained in the hearing notice, the Montesano city council may hold a new hearing on the proposal as modified before approving the application. Notice of this public hearing shall be provided as required by Section 17.56.100.
(5) The Montesano city council shall adopt findings of fact and conclusions which support the decision.
(6) If the Montesano city council decides to approve the application, approve the application conditions, or approve a more restrictive zoning district than requested by the application, the approval shall be in the form of an ordinance. Any conditions shall be included in the ordinance.
(j) The decision of the Montesano city council and the findings of fact and conclusions shall be reduced to writing and incorporated into the ordinance and mailed to the applicant and transmitted to the administrator by the clerk-controller in a timely manner after adoption of the ordinance.
(k) Notice of Appeal. The administrator shall mail official notice of the date and place for making an appeal to the applicant, any parties to an administrative appeal, and any persons who have requested notice of decisions on the proposal after the decision on the application is made. The notice must include the following: a statement that the appeal of the decision on the zoning amendment must be filed with superior court for Grays Harbor County within thirty days of the decision and a statement that the appeal of the SEPA decision must be filed with superior court for Grays Harbor County with thirty days of the date the notice is mailed or, if the notice is hand delivered, delivered. Where SEPA issues are first raised in an administrative appeal, the notice of appeal must also state that any person wishing to raise SEPA issues in a judicial appeal must give notice of the appeal to the city of Montesano responsible official within thirty days of the zoning amendment decision date as required by WAC 197-11-680(4)(d) or its successor. The address of the responsible official must be included in the notice. The notice of appeal may be appended to the permit or decision document, or may be separate. See WAC 197-11-680(5) or its successor for additional information.
(1) Effect of Decision.
(1) The decision of the Montesano city council on the application is the final decision of the city.
(2) The Montesano city council decision shall not be reconsidered, except as a new application. See Section 17.56.120 for time limits for new application.
(3) The decision of the Montesano city council on the application may be appealed to the superior court as provided in Section 17.56.130.
(m) Commencement of Activity. The applicant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the Montesano city council on the application seven days following the effective date of the ordinance. Activity commenced before the expiration of the full appeal period provided in Section 17.56.120 is at the sole risk of the applicant or other party. (Ord. 1366 (part), 1995).
17.56.080 Decision criteria.
(a) The city may approve or approve with conditions or modifications an application for a rezone if the following criteria are met:
(1) The rezone bears a reasonable relationship to the public health, safety or welfare.
(2) The rezone is in accordance with the Montesano comprehensive plan and, in particular, the criteria for designation policies applicable to the proposed zoning district.
(3) The rezone is warranted because of changed circumstances, or because of a need for additional property in the proposed zoning district, or because the proposed zoning district is appropriate for reasonable development of the subject property.
(4) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district.
(5) The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property.
(6) The rezone complies with all other applicable criteria and standards of the Montesano Municipal Code.
(b) The city may approve or approve with modifications an application for an amendment to the text of the zoning regulations only if each of the following criteria are met.
(1) The amendment is in accordance with the Montesano comprehensive plan goals and policies.
(2) The amendment bears a reasonable relationship to the public health, safety or welfare. (Ord. 1366 (part), 1995).
17.56.090 Zoning map change.
Following approval of a rezone and adoption of an ordinance amending the zoning map, the administrator shall alter the zoning map of the city of Montesano to reflect the change in the zoning district. The administrator shall also indicate on the zoning map the number of the ordinance adopting the change and the county auditor filing number of any concomitant agreement. (Ord. 1366 (part), 1995).
17.56.100 Public hearing notice.
(a) Content of the Public Notice.
(1) Content of the Public Notice for Rezones of Property in a Common Ownership or Amendments to Specific Property. The administrator shall prepare notices for all public hearings and include the following information:
(A) The name of the applicant and, if applicable, the project name;
(B) The street address of the subject property and a description of the property in non-legal terms sufficient to identify the location;
(C) For those notices which will be mailed, a vicinity map indicating the location of the subject property;
(D) A brief description of the proposal and the existing and proposed zoning designations of the subject property;
(E) The SEPA determination on the application and a note that comments on the SEPA determination and SEPA documents may be made at the hearing. If there is a deadline for appealing the SEPA determination, the deadline for appeals shall be included in the notice;
(F) The date, time, and place of the public hearing;
(G) A statement of the right of any person to participate in the public hearing as provided in Section 17.56.110 and the ways they may participate;
(H) The notice for the Montesano city council hearing shall include a statement to the effect that appeals of the Montesano city council decision may only be made within thirty days of the date of the Montesano city council decision on the application as provided in Section 17.56.130.
(2) Content of the Public Notice for all other Rezone Amendments. The administrator shall prepare notice for all public hearings and include the following information:
(A) The name of the applicant and, if applicable, the project name;
(B) A brief description of the proposal and the existing and proposed zoning designations of the subject property;
(C) The source for copies of any text changes;
(D) The SEPA determination on the application and a note that comments on the SEPA determination and SEPA documents may be made at the hearing. If there is a deadline for appealing the SEPA determination, the deadline for appeals shall be included in the notice;
(E) The date, time and place of the public hearing;
(F) A statement of the right of any person to participate in the public hearing as provided in Section 17.56.110 and the ways they may participate;
(G) The notice for the Montesano city council hearing shall include statement to the effect that appeals of the Montesano city council decision may only be made within thirty days of the date of the Montesano city council decision on the application as provided in Section 17.56.130.
(b) Time of Notice. The administrator shall provide notice at least ten days before a hearing.
(c) Means of Notice.
(1) Means of Notice for Rezones of Property in a Common Ownership or Amendments to Specific Property. The administrator shall provide notice for all public hearings in the following manner:
(A) Publishing notice of the hearing in a newspaper of general circulation within the city;
(B) Mailing notice of the public hearing to the applicant, the property owner, and each person identified by the real property records of the Grays Harbor county assessor as the owner of real property within three hundred feet of any boundary of the subject property and of any contiguous property in the applicant's ownership;
(C) Posting notice at one place visible to the public in Montesano city hall;
(D) Failure to receive a properly mailed notice shall not affect the validity of any testimony or the legality of any action taken.
(2) Means of Notice for all other Rezones or Amendments. The administrator shall provide notice for all public hearings in the following manner.
(A) Publishing notice of the public hearing in a newspaper of general circulation within the city;
(B) Posting notice at one place visible to the public in Montesano city hall. (Ord. 1366 (part), 1995).
17.56.110 Conduct of public hearings.
(a) Who May Participate. Any person may participate in the public hearing.
(b) How to Participate. Any person may participate in the public hearing in either or both of the following ways.
(1) By submitting written comments to the administrator before the public hearing. The administrator shall transmit all written comments received before the public hearing to the Montesano planning commission, hearing examiner, or Montesano city council no later than the public hearing.
(2) By submitting written comments or making oral comments to the Montesano planning commission, hearing examiner or Montesano city council at the public hearing.
(c) Hearing Record.
(1) The administrator and the secretary of the Montesano city council shall make an electronic sound recording of each hearing. The administrator and secretary shall retain the electronic sound recording of the hearing for at least six years.
(2) Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the administrator for at least two years.
(d) Continuation of Hearing. The hearing examiner, planning commission or city council may continue the hearing until a subsequent meeting or date and may keep the hearing open to take additional information up to the point the decision is made. No further notice of a continued hearing need be given unless a period of six weeks or more elapses between hearing dates. However, any person may request that the administrator provide written notice of the date, time and place of any continued hearing.
(e) Time Limits. The examiner, planning commission or city council may place reasonable and equitable limitations on testimony, the presentation of evidence and arguments, and questions so the matter at issue may be heard and decided without undue delay. (Ord. 1366 (part), 1995).
17.56.120 Limitation on refiling applications.
After a final decision denying an application, the administrator shall not accept any further application for substantially the same property involving substantially the same proposal within one year from the date of the denial decision. (Ord. 1366 (part), 1995).
17.56.130 Appeal of Montesano city council decision to superior court.
(a) Who May Appeal. Any person may appeal the decision of the Montesano city council to superior court.
(b) Time to Appeal. The decision of the Montesano city council must be appealed to superior court no more than thirty calendar days following the date of the Montesano city council decision on the application or is thereafter barred. (Ord. 1366 (part), 1995).
17.56.140 Concomitant agreement.
The city of Montesano is specifically authorized to require that the applicant enter into a concomitant agreement with the city as a condition of the rezone and may, through that agreement, impose conditions designed to mitigate potential impacts of the rezone and the development pursuant to the rezone. After approval, all concomitant agreements shall be filed for record with the real property records of the Grays Harbor county auditor. All concomitant agreements filed for record shall contain a legal description of the real property to which they apply. (Ord. 1366 (part), 1995).
17.56.150 Time limitation on development under rezone.
The city may in the ordinance approving the rezone, establish a reasonable time within which development of the subject property must begin. If the city has established such a time limitation, the rezone may be revoked through a rezone upon application of the city for a rezone if the applicant or successors in interest to the applicant has not applied for a building permit or other necessary development permit and completed substantial construction by the specified date. (Ord. 1366 (part), 1995).
17.56.160 Assurance device.
In appropriate circumstances, the city may require a reasonable performance assurance device in conformance with Section 17.46.170 to assure compliance with the provisions of the zoning regulations, any development conditions, or any concomitant agreement. (Ord. 1366 (part), 1995).