Chapter 19.36
AMENDMENTS AND REZONES

Sections:

19.36.010    Legislative Intent.

19.36.020    Text Amendments.

19.36.030    Minor Rezone – Map Amendment.

19.36.040    Major Rezones.

19.36.050    Appeals.

19.36.010 Legislative Intent.

It is the intent of this Chapter to establish the procedures to amend the text of this Title and/or its zoning map when the proposed change would be consistent with the goals, objectives and policies of the Comprehensive Plans (including adopted neighborhood plans), and the intent of this Title.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.36.020 Text Amendments.

(1)    An amendment to the text, standards, procedures or other provisions of this Title may be proposed by any party under YCC Subsection 16B.10.040(6).

(2)    Action by the Board. Any amendments to this Title shall be by action of the Board after a recommendation thereon from the Yakima County Planning Commission. Such action shall occur in accordance with the procedures set forth in RCW Chapters 36.70, 36.70A and YCC Section 16B.10.040.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.36.030 Minor Rezone – Map Amendment.

Rezone applications consistent with Table 19.36-1 and not dependent upon a comprehensive plan or sub-area plan amendment shall be considered minor rezones. These quasi-judicial actions, when site-specific, may be processed at any time under Type 4 review pursuant to YCC Section 16B.30.030. The decision criteria for minor rezones are listed in Subsection (5) below.

(1)    Initiation. An amendment to the zoning maps that are not contingent upon legislative approval of a comprehensive plan map amendment as set forth in Table 19.36-1 or sub-area plan map amendment may be initiated by:

(a)    The Board;

(b)    The Planning Commission; or

(c)    A minor rezone application filed by the property owner(s).

(2)    Application. All minor rezone applications shall be filed with the Planning Division, and shall be processed under the provisions of Chapter 19.30 and YCC Title 16B.

(3)    Public Hearing by the Hearing Examiner. Upon receipt of a complete application for a minor rezone, the Planning Division shall review the proposal using the decision criteria listed in Subsection (5) below and forward the application and a recommendation to the Hearing Examiner for an open record public hearing and review in conformance with YCC Section 16B.08.020. Provided, that rezone applications initiated by the County to implement a newly adopted or amended Comprehensive Plans, or which are of broad general applicability shall be heard by the Planning Commission under the provisions of RCW Chapter 36.70 and 36.70A. The public hearing shall be held and notice provided under YCC Chapter 16B.08. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments.

(4)    Recommendation by the Planning Commission. The Planning Commission may, if requested by the Hearing Examiner, submit a recommendation on the proposed minor rezone to the Hearing Examiner prior to the issuance of his decision. The recommendation of the Planning Commission shall not be binding on the Hearing Examiner.

(5)    Decision Criteria. The Hearing Examiner shall issue a written recommendation to approve, approve with conditions or deny the proposed minor rezone. The recommendation shall include the following considerations:

(a)    The testimony at the public hearing;

(b)    The suitability of the property in question for uses permitted under the proposed zoning;

(c)    The recommendation from interested agencies and departments;

(d)    The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Comprehensive Plans, adopted neighborhood plans and the intent of this Title;

(e)    The adequacy and availability of public facilities, such as roads, sewer, water and other required public services;

(f)    The compatibility of the proposed zone change and associated uses with neighboring land uses;

(g)    The public need for the proposed change. Public need shall mean that a valid public purpose, for which the Comprehensive Plan and this Title have been adopted, is served by the proposed application. Findings that address public need shall, at a minimum, document:

(i)    Whether additional land for a particular purpose is required in consideration of the amount already provided by the plan map designation or current zoning district within the area as appropriate; and,

(ii)    Whether the timing is appropriate to provide additional land for a particular use; and,

(h)    Whether substantial changes in circumstances exist to warrant an amendment to the current designation or zone.

(6)    The decision of the Hearing Examiner on minor rezone applications shall constitute a recommendation to the Board.

(7)    Action by the Board. Upon receipt of the Hearing Examiner’s recommendation on a proposed minor rezone, the Board shall conduct a closed record public hearing to affirm, modify, approve subject to a concomitant development agreement under YCC Section 16B.03.080, or reject the recommendation of the Hearing Examiner.

(8)    Time Limit and Notification. Notification of a final decision on a proposed minor rezone by the Board shall be issued as required under YCC Chapter 16B.07.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.36.040 Major Rezones.

Amendments to the zoning map that are contingent upon legislative approval of a comprehensive plan amendment shall be considered a major rezone and are subject to the procedures outlined in YCC Chapter 16B.10

(Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.36.050 Appeals.

The decision of the Board shall be final and conclusive unless an aggrieved party files an appeal under RCW 36.70C within the timeframes and procedures specified therein.

Table 19.36-1 Zoning District potential consistency with Comprehensive Plan Future Land Use Designations 

ZONING →

Plan Designation

AG

FW

R-10/5

RT

RS

R/ELDP-40

SR

R-1

R-2

R-3

B-1

B-2

HTC

SCC

LCC

GC

M-1(1)

M-2(1)

MIN

MPDO

ASO

GO

MPR

Unincorporated Rural and Resource Areas

Agricultural Resource

P

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

P

P

I

I

P

P

P

Forest Resource

I

P

I

I

I

I

I

I

I

I

I

I

I

I

I

I

P

P

I

I

P

P

P

Mineral Resource Overlay

P

P

P

P

I

P

I

I

I

I

I

I

P

I

I

I

P

P

P

I

P

P

P

Rural Settlement

I

I

I

I

P

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

P

P

P

Rural Transitional

I

I

I

P

I

I

I

I

I

I

I

I

P

I

I

I

P

P

I

I

P

P

P

Rural Self-Sufficient

I

I

P

I

I

I

I

I

I

I

I

I

P

I

I

I

P

P

I

I

P

P

P

Rural Remote/Extremely Limited Development Potential

P

P

I

I

I

P

I

I

I

I

I

I

I

I

I

I

P

P

I

I

P

P

P

(Urban Growth Areas)(2)

Urban Residential

I

I

I

I

I

P

P

P

P

P

I

I

I

I

I

I

I

I

I

P

P

P

I

Urban Commercial

I

I

I

I

I

P

I

I

I

I

P

P

P

P

P

P

I

I

I

P

P

P

I

Urban Industrial

I

I

I

I

I

P

I

I

I

I

I

I

I

I

I

I

P

P

P

P

P

P

I

Urban Public

I

I

I

I

I

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

I

Urban Parks and Open Space

I

I

I

I

I

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

I

Urban Tribal

I

I

I

I

I

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

I

KEY: P = Potentially Consistent I = Inconsistent

Notes:

(1)    The Industrial zoning district may only be applied outside of urban growth areas when it meets state siting criteria (see plan policy ED 3.14).

(2)    The zones within Urban Growth Areas should also be consistent with the applicable city’s comprehensive plan or neighborhood plan future land use maps.

(Ord. 5-2020 § 2(F) (Exh. 5), 2020; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 7-2013 § 1 (Exh. A) (part), 2015).