Chapter 16.88


16.88.010    Scope.

16.88.020    Who may apply.

16.88.030    Review requirements.

16.88.040    Notice.

16.88.050    Submittal requirements.

16.88.060    Zoning map change.

16.88.070    Fees.

16.88.080    Periodic updating of zoning map.

16.88.090    Hearing and notice for zoning map updates.

16.88.010 Scope.

The requirements of this chapter apply to proposed rezones, which are changes in the zone districts by amendment to the official zoning map that apply to parcels of property within the corporate city limits of Sultan. (Ord. 1244-16 § 3 (Exh. A))

16.88.020 Who may apply.

The property owner or the city may apply for a zone reclassification of property. (Ord. 1244-16 § 3 (Exh. A))

16.88.030 Review requirements.

The planning board shall provide a recommendation to council and council shall approve, deny, or modify the proposed rezone. At least the following factors shall be considered in reviewing a proposed rezone:

A. Comprehensive Plan. Whether the proposal is consistent with the comprehensive plan;

B. Zoning Ordinance. Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district;

C. Surrounding Area. The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property;

D. Changes. Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone;

E. Suitability. Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area and parcels elsewhere with the same zoning;

F. Value. The relative gain to the public health, safety, and welfare compared to the potential increase or decrease in value to the property owners. (Ord. 1244-16 § 3 (Exh. A))

16.88.040 Notice.

Notice of rezone hearings (and text changes) before the planning board shall be the same as set forth for proposed amendments to the comprehensive plan (Chapter 16.84 SMC) for newspaper publication, posting of property, and notification to adjacent property owners within a 300-foot radius of the area proposed for rezone. (Ord. 1244-16 § 3 (Exh. A))

16.88.050 Submittal requirements.

Application for a zone reclassification of property(ies) shall be made on forms prescribed by the city, and shall be accompanied by the following information; provided, that the community development director may waive any of these items, upon written 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 improvement, 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 effect that the applicant(s) are the sole owners of the property;

G. Photographs of the site;

H. A complete 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 governmental 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 (i.e., subdivision of land, boundary line adjustment, major development permit, etc.); and

K. Payment of rezone application fee as set in the document titled “Fee Schedule for the City of Sultan” and adopted yearly by city ordinance. (Ord. 1347-21 § 40; Ord. 1244-16 § 3 (Exh. A))

16.88.060 Zoning 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. (Ord. 1244-16 § 3 (Exh. A))

16.88.070 Fees.

As set in the document titled “Fee Schedule for the City of Sultan” and adopted yearly by city ordinance, applicant shall pay required rezone application fee upon submittal of the rezone application. There shall be an additional fee of $100.00 for an appeal to the council’s decision, to be paid at the time of appeal application filing. See SMC 16.80.090 for appeal process. (Ord. 1244-16 § 3 (Exh. A))

16.88.080 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. 1244-16 § 3 (Exh. A))

16.88.090 Hearing and notice for zoning map updates.

In order to effect the purposes of SMC 16.88.010, 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 10 days but no more than 20 days prior to the hearing, notice of the hearing and its purpose shall be given by publication in the official newspaper of the city. 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 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 Sultan Municipal Code. (Ord. 1244-16 § 3 (Exh. A))