Chapter 18A.95


18A.95.010    Purpose.

18A.95.020    Applicability.

18A.95.030    Application Requirements.

18A.95.040    Public Notice.

18A.95.050    Review.

18A.95.060    Burden of Proof.

18A.95.070    Examiner's Authority.

18A.95.080    Appeals.

18A.95.090    Compliance with Conditions.

18A.95.010 Purpose.

The purpose of this Chapter is to establish procedures and decision criteria which the Pierce County Hearing Examiner will utilize in reviewing quasi-judicial rezone applications. (Ord. 99-66S § 3 (part), 1999)

18A.95.020 Applicability.

A.    The rezone procedure set forth in this Chapter is only available to parcel(s) of land that are located within areas of unincorporated Pierce County that have a designated community(ies) plan which has been updated or adopted subsequent to September 1, 1999.

B.    The Examiner may consider a rezone application only when it is accompanied with an application for a planned development district (PDD.)

C.    The Examiner shall utilize the policies contained in the applicable community(ies) plan which may provide additional criteria and procedures than is established herein.

D.    The rezone procedure can not be used to change the land use designation of parcels designated in the Comprehensive Plan. Changes in land use designation must be requested pursuant to the provisions of Chapter 19C.10 PCC.

(Ord. 99-66S § 3 (part), 1999)

18A.95.030 Application Requirements.

A.    Preliminary Review. The provisions for conducting a preliminary review of a proposed rezone are set forth in Chapter 18.40 PCC, Development Regulations – General Provisions.

B.    Application Filing.

1.    Completeness Review. Rezone applications shall be reviewed for completeness in accordance with Department submittal standards checklists and pursuant to Chapter 18.40 PCC, Development Regulations – General Provisions.

2.    Application Site Plan. All rezone applications shall include a site plan that identifies the exact boundaries of the proposed rezone area. Such site plan shall also indicate the relationship of the proposed rezone to the related PDD proposal.

3.    Limitations on Refiling. Applications for a rezone pursuant to this Chapter shall not be accepted if a similar rezone has been denied on the same site within the past 12 months from the date of final action. This time period may be waived or modified if the Director or Examiner finds that special circumstances warrant earlier reapplication.

4.    Fees. Fees for any rezone application filed pursuant to this Title are set forth in Chapter 2.05 PCC.

(Ord. 99-66S § 3 (part), 1999)

18A.95.040 Public Notice.

Public notice provisions for notice of application, public hearing, and final decision pursuant to this Chapter are outlined in Chapter 18.80 PCC, Development Regulations – General Provisions. (Ord. 99-66S § 3 (part), 1999)

18A.95.050 Review.

A.    Initial Review. The Department shall conduct an initial review of any rezone application in accordance with the provisions outlined in Chapter 18.60 PCC, Development Regulations – General Provisions.

B.    Public Hearing Required. The Department shall set a date for a public hearing before the Pierce County Hearing Examiner after all requests for additional information or plan correction, as set forth in PCC 18.60.020 C., have been satisfied and a SEPA threshold determination has been issued. The public hearing shall follow the procedures set forth in Chapter 18.80 PCC, Development Regulations – General Provisions and Chapter 1.22 PCC.

C.    Decision Criteria. The Hearing Examiner may approve an application for a rezone only if all of the following criteria are met:

1.    The proposed rezone is consistent with the purpose and intent of the Comprehensive Plan, respective community(ies) plan, PDD approval criteria contained in PCC 18A.75.050, and other applicable regulations;

2.    The proposed rezone bears a substantial relation to public health, safety, or welfare;

3.    The proposed rezone is in the best interest of the residents of Pierce County and the surrounding community(ies); and

4.    The proposed rezone is appropriate because of one of the following:

a.    Conditions in the immediate vicinity have so markedly changed since the property was given its present zoning and that under those changed conditions a rezone is within the public interest; or

b.    The rezone will correct a zone classification or zone boundary that was inappropriate when established.

D.    Time Period for Final Decision. The provisions for issuing a notice of final decision on any rezone application filed pursuant to this Chapter are set forth in Chapter 18.100 PCC, Development Regulations – General Provisions.

(Ord. 2000-17 § 1 (part), 2000; Ord. 99-66S § 3 (part), 1999)

18A.95.060 Burden of Proof.

The applicant has the burden of proving that the rezone meets the criteria of PCC 18A.95.050. (Ord. 99-66S § 3 (part), 1999)

18A.95.070 Examiner's Authority.

A.    Approval. The Examiner may approve an application for a rezone, approve with additional requirements above those specified in this Title, or require modification of the proposal to comply with specified requirements or local conditions.

B.    Denial. The Examiner shall have the authority to deny a rezone application when, in the opinion of the Examiner, the criteria established has not been met.

C.    Expiration Dates. The Examiner has the authority, as part of the approval of the rezone, to establish expiration dates or time periods within which the approval must be exercised. Upon expiration, the approval shall be considered null and void. The expiration time period above may be extended by the Examiner provided such request has been made prior to the expiration date, in the following situations:

a.    If the applicant can demonstrate to the Examiner that there have been unusual circumstances beyond their control to cause delay in the project, the time period may be extended by one year; or

b.    The Examiner has the authority to grant a single one year time period extension.

(Ord. 99-66S § 3 (part), 1999)

18A.95.080 Appeals.

Procedures for appeal of a Hearing Examiner decision on a rezone issued pursuant to this Title are set forth in Chapter 1.22 PCC. (Ord. 2000-17 § 1 (part), 2000; Ord. 99-66S § 3 (part), 1999)

18A.95.090 Compliance with Conditions.

Compliance with conditions established in a rezone is required. Any departure from the conditions of approval or approved plans constitutes a violation of this Title and shall be subject to enforcement actions and penalties (see Chapter 18.140 PCC, Compliance). (Ord. 2010-70s § 11 (part), 2010; Ord. 99-66S § 3 (part), 1999)