Chapter 23.146
ZONING AMENDMENTS
Sections:
23.146.030 Application required.
23.146.040 Approval authority.
23.146.050 Public hearing notice and procedure.
23.146.060 Notice of decision.
23.146.080 Conditions of approval.
23.146.120 Record of amendments.
23.146.010 Purpose.
The purpose of a zoning amendment is to allow modification to any provisions of this code, including the adoption of new regulations or deletion of existing regulations, or to change the zoning designation on any parcel(s). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.010)].
23.146.020 Applicability.
The types of zoning amendments are listed as follows:
A. A map amendment has the effect of rezoning property from one zoning district to another.
B. A zoning text amendment may modify any standard, requirement, or procedure applicable to the use and development of land within the city.
C. An unincorporated property within the city’s sphere of influence may be prezoned to the zoning district that would apply upon annexation to the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.020)].
23.146.030 Application required.
An application for a zoning amendment shall be filed in accordance with RCMC 23.110.040 (Application requirements). [Ord. 4-2017 § 3 (Exh. B)].
23.146.040 Approval authority.
Zoning amendments are a discretionary decision by the council pursuant to RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].
23.146.050 Public hearing notice and procedure.
A public hearing and hearing notice shall be required for review and processing of a zoning amendment in accordance with the following:
A. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).
B. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures). [Ord. 4-2017 § 3 (Exh. B)].
23.146.060 Notice of decision.
The notice of decision shall be issued pursuant to RCMC 23.110.140 (Notice of decision). [Ord. 4-2017 § 3 (Exh. B)].
23.146.070 Approval findings.
The council may approve or approve with conditions an application for a zoning amendment after finding all of the following. If the council does not make all of these findings, the zoning amendment shall not be approved.
A. The proposed amendment is consistent with the General Plan.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
C. The amendment has been reviewed in compliance with the provisions of CEQA.
D. If a map amendment, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/development.
E. If a text amendment, the amendment is internally consistent with other applicable provisions of this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.040). Formerly 23.146.040].
23.146.080 Conditions of approval.
Zoning amendments shall not be conditioned for approval. [Ord. 4-2017 § 3 (Exh. B)].
23.146.090 Appeals.
Zoning amendments are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B)].
23.146.100 Permit expiration.
Zoning amendments shall not expire. [Ord. 4-2017 § 3 (Exh. B)].
23.146.110 Amendments.
Proposed changes to zoning amendments following final action shall be processed as a new application. [Ord. 4-2017 § 3 (Exh. B)].
23.146.120 Record of amendments.
The department shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.050). Formerly 23.146.050].
23.146.130 Prezoning.
A. Purpose. An unincorporated property within the city’s sphere of influence may be prezoned to the zoning district that would apply upon annexation to the city.
B. Initiation and Processing. A prezoning shall be initiated, processed, and approved or disapproved in the same manner as provided for other amendments by this chapter.
C. Application of Official Zoning Designations. Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the zoning map. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.16.060). Formerly 23.146.060].