Chapter 17.76 AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES

Chapter 17.76
AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES¹

Sections:

17.76.010 Reclassification petition.

Whenever the owner of any land or building desires a reclassification of the owner’s property, the owner shall apply to the city for a zoning reclassification (rezone). The reclassification application shall include the following:

A. The common address and legal description of the property the applicant seeks to reclassify;

B. The current zoning designation of the property and the new zoning designation sought by the applicant;

C. The name, mailing address, phone number and signature of the legal owner of the property at issue;

D. The plot plan of the area at issue for a distance of 300 feet on all sides of the applicant’s property with a list of legal owners therein;

E. The basis for seeking the new classification, including, but not limited to, the substantial change in circumstances that has occurred in and around the subject property since the date the subject property’s current zoning was adopted;

F. A description of how the new classification is consistent with the Clyde Hill Municipal Code and Clyde Hill Comprehensive Plan; and

G. The application fee as set by city council resolution.

An application for zoning reclassification is a Type IVB application. (Ord. 805 § 1, 1999; Ord. 74 § 15(B), 1959. Formerly 17.76.020)

17.76.020 Investigation and hearing.

After receipt of a complete application under this chapter, an open record public hearing on the reclassification shall be scheduled before the city planning commission. Notice of such hearing shall be provided in accordance with Chapter 19.03 CHMC. The applicant shall bear the burden to establish that the following criteria listed below have been satisfied. After completion of the open record public hearing, the planning commission shall determine whether such changes of district or exception are necessary based upon the following criteria:

A. A substantial change in circumstances has occurred in or around the subject property since the original zoning or latest amendment;

B. The zoning reclassification is consistent with the Clyde Hill Municipal Code and the Clyde Hill Comprehensive Plan;

C. The public health, safety, morals and general welfare are met by the reclassification of the subject property; and

D. The reclassification is not materially detrimental to the public welfare or the property of other persons located in the vicinity of the subject property.

The planning commission shall enter written findings recommending to the council either approval or disapproval of such reclassification. The planning commission’s findings shall be transmitted to the council. After the planning commission enters its findings, no reconsideration of the same application may be required within a period of six months from the date of such action. This provision shall not be construed to prevent an appeal as provided in this chapter and in CHMC Title 19. (Ord. 805 § 1, 1999; Ord. 74 § 15(C), 1959. Formerly 17.76.030)

17.76.030 Council action.

A. Upon receiving the written findings of the planning commission recommending approval or disapproval of the reclassification, the council shall set the matter for a closed record public hearing and shall provide timely notice to interested parties in accordance with Chapter 19.03 CHMC.

B. The council shall conduct a closed record public hearing on the planning commission’s recommendation on the zoning reclassification application. After conducting such hearing, the council shall consider the criteria set forth in CHMC 17.76.020 and may do either of the following:

1. By ordinance grant the application for reclassification and reclassify the property to the zoning sought by the applicant; or

2. Deny the reclassification application.

C. The decision of the council shall be final unless the applicant files an appeal, in accordance with Chapter 36.70C RCW within 21 days after the council decision issues. (Ord. 805 § 1, 1999; Ord. 74 § 15(E), 1959. Formerly 17.76.050)

17.76.060 Compliance.

Whenever any reclassification of property, any amendments, supplements or changes of regulations, or any amendment to any map or maps which are a part of this title, are initiated by the council or planning commission, the right to make and take said initiative proceedings are hereby reserved to the council or planning commission and authorized to be made and taken by either of them. The hearings provided in this chapter for a property review and map amendment shall be held in the manner provided for in this chapter and under CHMC Title 19. Any such reclassification of property, amendments, supplements, or changes of regulations or amendment of such map or maps may be made in the manner set forth in this title and in accordance with the law. (Ord. 805 § 1, 1999; Ord. 74 § 15(F), 1959)

17.76.070 Fees.

Fees for reclassification (rezoning) of property shall be set by resolution of the council. (Ord. 805 § 1, 1999; Ord. 74 § 15(G), 1959)

Code reviser’s note: Ord. 805 amended and renumbered the sections of this chapter. The original provisions derived from Ord. 74 §§ 15(A) through (G).