Chapter 20.98
REZONE
Sections:
20.98.050 Applicable procedure.
20.98.060 Submittal requirements.
20.98.080 Limitation of authority.
20.98.110 Planning commission recommendation.
20.98.120 City council action.
20.98.130 Concomitant agreement.
20.98.160 Appeal of city council action to superior court.
20.98.010 Scope.
This chapter establishes the procedure and criteria that the city will use in making a decision upon an application for a rezone of property from one land use district to another land use district or for any change in the conditions imposed or in terms of a concomitant agreement executed as part of a rezone. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.020 Applicability.
This chapter applies to each application for a rezone of property. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.030 Purpose.
A rezone is a mechanism by which the land use district classification, conditions or concomitant agreement applicable to property can be changed to reflect such things as changed circumstances, new land use needs or new land use policies. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.040 Who may initiate.
The property owner or the city may apply for a rezone of property. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.050 Applicable procedure.
A. General. The city will process a rezone application using the planning commission as an advisory body and the appropriate city staff to perform analysis of the application; and
B. Upon receiving the recommendation report from the planning commission, the city council shall set a date to take action on the proposed application or to conduct an additional public hearing before taking action.
C. Notice of Receipt of Private Application. In addition to notice required under Chapter 20.02 CMC, the city shall provide the following public notice:
1. Content. The city shall prepare notice of the receipt of a private application for a rezone containing the following:
a. The name of the applicant and, if applicable, the project name; and
b. The specific property identified with the street address or tax account number used by the Lewis County assessor’s office, and a legal description; and
c. If the application involves specific property, a vicinity map indicating the location of the subject property; and
d. The citation of CMC 20.98.100, 20.98.110 and 20.98.120; and
e. A brief description of the action, permit or approval requested in the application.
2. Time of Notice. The city shall provide notice of the rezone application within.
3. Means of Notice. The city shall provide notice of the receipt of a private application for a rezone application by:
a. Publishing notice of receipt in a local newspaper; and
b. Posting notice of the receipt of the application at each official posting place; and
c. Sending notification to all property owners of record within two hundred feet of the specific property included in the application. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.060 Submittal requirements.
A. The city shall specify the submittal requirements, including type, detail and number of copies, for a rezone application to be deemed complete and accepted for filing.
B. The city may waive specific submittal requirements determined to be unnecessary for review of application. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.070 Decision criteria.
The city may approve or approve with modifications an application for a rezone of property if:
A. The rezone bears a substantial relationship to the public health, safety or welfare; and
B. The rezone is warranted because of changed circumstances or because of a need for additional property in the proposed land use district classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and
C. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and
D. The rezone complies with all other applicable criteria and standards of the Centralia Municipal Code; and
E. The rezone is in accord with the comprehensive plan; and
F. The rezone has merit and value for the community as a whole; and
G. The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.080 Limitation of authority.
The city may not approve a rezone of property which is governed by a resolution or ordinance of the city council which temporarily prohibits rezoning of the property. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.090 Map change.
Following approval of a rezone of property, the city shall amend the zoning map of the city to reflect the change in land use district. The city shall also indicate on the zoning map the number of the ordinance adopting the change. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.100 Public hearing.
A. Any person may participate in the public hearing on the rezone application by:
1. Submitting written comments on the application to the city prior to the public hearing; or
2. Submitting written comments or making oral comments to the planning commission at the public hearing.
B. The city shall transmit all written comments received prior to the public hearing to the planning commission no later than the date of that hearing.
C. The planning commission shall make an electronic sound recording of the hearing on the application and provide written minutes of that hearing. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.110 Planning commission recommendation.
A. After the public hearing and any necessary public study sessions on the application, the planning commission shall either recommend approval, approval with modifications, or denial of the application. The planning commission’s recommendation shall be based on the criteria included in CMC 20.98.070.
B. The planning commission may recommend approval or approval with modifications only if the application or the application as modified complies with the applicable criteria of this chapter. In all other cases, the planning commission shall recommend denial of the application.
C. A vote to recommend approval or approval with modifications must be by a majority vote of the planning commission members present and voting. Any other vote constitutes a recommendation of denial of the application.
D. The planning commission’s recommendation shall be transmitted to the city council for their action. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.120 City council action.
A. Within sixty days of receipt of the recommendation from the planning commission, the city council shall consider the application at a public meeting. The following elements to be considered in deciding upon the application:
1. The application; and
2. The minutes of any public hearing on the application and any written material submitted in accordance with CMC 20.98.100; and
3. The city staff recommendation on the application; and
4. The recommendation of the planning commission; and
5. The recommendation of any other affected board or commission; and
6. Any comments on the application received at the public meeting received by the city council; and
7. Any other relevant information.
B. The city council shall take one of the following actions:
1. Adopt an ordinance or resolution approving the proposal; or
2. Adopt an ordinance or resolution approving the proposal with modifications; or
3. Adopt a motion denying the proposal; or
4. Refer the proposal back to the planning commission for further proceedings, in which the council shall specify the time within which the planning commission shall report back to the city council with a recommendation on the proposal.
C. The city council shall adopt an ordinance or resolution which approves or approves with modifications the proposal by a majority of the membership of the council. Any other vote on the proposal constitutes a denial of the application.
D. The decision of the city council is the final decision of the city subject to the decision being appealed to superior court.
E. The applicant may commence activity or obtain other required approvals or permits seven calendar days following the effective date of the ordinance or resolution. Activity commenced prior to the expiration date of the full appeal period provided in CMC 20.98.160 is at the sole risk of the applicant. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.130 Concomitant agreement.
The city 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 development conditions designed to mitigate potential impacts of the rezone and subsequent development. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.140 Time limitation.
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 upon application of the city to rezone if the applicant has not applied for a building permit or other necessary development permits and completed substantial construction by the specified date. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.160 Appeal of city council action to superior court.
Any person adversely affected by the decision may appeal the decision of the city council. A person filing an appeal must make application to the superior court for a writ of certiorari, writ of prohibition or writ of mandamus. The decision of the city council must be appealed to superior court no more than twenty calendar days following the effective date of the city council decision on the application or is thereafter barred. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.98.170 Fees.
Application fees for all plan amendments and zone changes shall be considered as follows:
A. Fees for plan amendments and zone changes shall be noted in the city’s fees and other charges resolution.
B. If multiple similar applications are received in the same review period, the fees set in the city’s fees and other charges resolution may be adjusted downward to reflect actual cost. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).