Chapter 17.51 ZONING AMENDMENTS

Chapter 17.51
ZONING AMENDMENTS

Sections:

17.51.030 Option to recommend more restrictive classification.

17.51.050 Hearing—Reclassification of property advertised.

17.51.010 Application and initiation.

The text of this title or the zoning classification of property may be amended by ordinance, subject to the requirements set out in this chapter. Amendments may be initiated by: (a) the verified application of one or more property owners where a rezone is proposed; or (b) the verified application of one or more property owners, or by the city council, where special districts are proposed; or (c) by the city council in connection with the city’s ongoing land use planning efforts where either reclassification, map amendment, or amendment to the text of Ocean Shores Municipal Code Chapter 17.51 is proposed; or (d) the adoption of a motion by the city council where either reclassification of city-owned property, map amendment of city-owned property, or amendment to the text of Ocean Shores Municipal Code is proposed. (Ord. 837 § 1 (part), 2008: Ord. 754 § 2, 2003: Ord. 741 § 3 (part), 2002)

17.51.020 Consideration.

A. Upon receipt of an amendment application initiated by a private property owner, the planning director or designee shall schedule a public hearing before the planning commission (hereinafter referred to as the “initial public hearing”) and shall give notice pursuant to Section 17.51.050(A). The initial public hearing may be continued for a longer period of time with the written consent of the applicant. Within thirty days after the initial public hearing, the planning director or designee shall forward the planning commission’s recommendation and a draft ordinance to the city clerk who shall schedule a public hearing before the city council, and shall give notice pursuant to Section 17.51.050(A). Conclusive action on an application or adopted motion shall be taken within ninety days of the initial public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be forwarded by city staff to the applicant and attached to the permanent file.

B. Upon receipt of a request for creation of a special district, regardless of how initiated, the planning director or designee shall schedule an initial public hearing before the planning commission, and shall give notice pursuant to Section 17.51.050(B). The initial public hearing may be continued for a longer period of time with the written consent of the applicant. Within thirty days after the initial public hearing, the planning director or designee shall forward the planning commission’s recommendation and a draft ordinance to the city clerk who shall schedule a public hearing before the city council, and shall give notice pursuant to Section 17.51.050(B). Conclusive action on an application or adopted motion shall be taken within one hundred twenty days of the initial public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be forwarded by city staff to the applicant and attached to the permanent file.

C. Upon the adoption of a motion by the city council, or at the direction of the city council where a zoning amendment of property is proposed in accordance with the city’s ongoing land use planning efforts, the city clerk or designee shall schedule a public hearing before the city council and shall give notice pursuant to Section 17.51.050(C). Conclusive action on a proposed amendment shall be taken within one hundred twenty days of the public hearing. Enactment of an ordinance by the city council approving an amendment shall constitute final action. If the request is denied by the city council, the adoption of the motion by a roll call vote shall be considered final action. Written notice of the final action shall be attached to the permanent file.

D. Upon the adoption of a motion by the city council, or at the direction of the city council where a zoning amendment of city-owned property is proposed, the city clerk or designee shall schedule a public hearing of the proposed ordinance before the city council, and shall give notice pursuant to Section 17.51.050(D). Enactment of an ordinance by the city council approving an amendment shall constitute final action.

E. Upon receiving a proposed amendment to the text of Ocean Shores Municipal Code Chapter 17.51, the city clerk or designee shall schedule a first reading of the proposed ordinance before the city council, and shall give notice pursuant to Ocean Shores Municipal Code Section 1.06.010 and Chapter 42.30 RCW, the Open Public Meetings Act.

(Ord. 837 § 1 (part), 2008: Ord. 797 § 1, 2005; Ord. 754 § 3, 2003: Ord. 741 § 3 (part), 2002)

17.51.030 Option to recommend more restrictive classification.

Where the planning commission and the city council are considering an application to reclassify property, they shall have the option of recommending and approving respectively a classification more restrictive than that applied for; provided, that in each case they shall have first considered and disapproved the requested classification. If the applicant does not desire a more restrictive zone, he/she may withdraw the application prior to final action by the city council. Public hearing notification shall, in addition to indicating the requested classification, indicate “or more restrictive district.” (Ord. 837 § 1 (part), 2008: Ord. 741 § 3 (part), 2002)

17.51.040 Hearing notification.

Public hearings required by this title shall be advertised as set forth in this section. All proposed amendments to this chapter shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before the public hearing. Such notice shall include the time and place of the public hearing, a brief description of the amendment, and shall indicate that copies of the proposed amendment are available from the planning director or city clerk. (Ord. 837 § 1 (part), 2008: Ord. 754 § 4, 2003: Ord. 741 § 3 (part), 2002)

17.51.050 Hearing—Reclassification of property advertised.

A. Zoning amendments initiated by private property owners shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before any public hearing in accordance with Section 17.51.040. In addition, written notice indicating the existing and required zoning, the location of the subject property (not necessarily a legal description), the nature of the requested rezone and/or zoning amendment, and the time and place of the public hearing shall be mailed to all property owners of record within three hundred feet from the exterior boundaries of the subject property. The written notice shall be sent not less than twelve days prior to the public hearing. Failure to receive a duly mailed notice under this section shall not affect the legality of any testimony or action taken.

B. Creation of special districts, regardless of how initiated, shall be advertised by at least one publication in a newspaper of general circulation in the city at least ten days before any public hearing in accordance with Section 17.51.040. In addition, written notice indicating the existing and required zoning, the location of the subject property (not necessarily a legal description), the nature of the requested special district, and the time and place of the public hearing shall be mailed to all property owners of record within three hundred feet from the exterior boundaries of the subject property. The written notice shall be sent not less than twelve days prior to the public hearing. Failure to receive a duly-mailed notice under this section shall not affect the legality of any testimony or action taken.

C. Zoning amendments initiated by the city council which are related to the city’s ongoing land use planning efforts shall require a public hearing before the council prior to enactment of any such zoning amendment. Notice of such public hearing shall be given in accordance with Section 17.51.040 herein.

D. Zoning amendments of city-owned properties initiated by the city council shall require a public hearing before the council prior to enactment of any such zoning amendment. Notice of such public hearing shall be given in accordance with Section 17.51.040.

(Ord. 837 § 1 (part), 2008: Ord. 754 § 5, 2003: Ord. 741 § 3 (part), 2002)