Chapter 17A.340
AMENDMENT OF ZONING CODE
Sections:
17A.340.030 Evaluation criteria.
17A.340.050 Review process – Determination.
17A.340.070 Environmental review.
17A.340.080 Public hearing not required – Procedural amendments.
17A.340.090 Legislative review.
17A.340.100 Quasi-judicial review.
17A.340.010 General.
Any provisions of this title, including the official zoning map, may be amended pursuant to Chapter 36.70 RCW by following the procedures in this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.020 Purpose.
The purpose of this chapter is to provide procedures whereby the objectives, goals and policies of the comprehensive plan may be implemented by change in the official controls provided by this title. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.030 Evaluation criteria.
Amendments to this title shall be evaluated on, but not limited to, the following criteria:
A. The amendment is necessary to resolve a public land use issue or problem.
B. The amendment is consistent with or supports the comprehensive plan and/or its goals and policies.
C. The amendment is consistent with goals of the Planning Enabling Act, Chapter 36.70 RCW.
D. The amendment is based on sound land use planning practices and would further the general public health, safety and welfare. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.040 Initiation.
An amendment to the text of this title or to the official zoning map may be initiated by:
A. The board of Okanogan County commissioners;
B. The Okanogan County regional planning commission;
C. The office of planning and development; or
D. By a member of the public who owns property within Okanogan County. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.050 Review process – Determination.
Amendments to the text of this title or the official zone map shall be processed as either a legislative or a quasi-judicial procedure in accordance with OCC Title 20, Development Permit Procedures and Administration. Each amendment type may have separate review processes in accordance with this chapter. The following criteria shall be used to determine whether an amendment is legislative or quasi-judicial:
A. Quasi-judicial. A proposal is quasi-judicial if the action is site specific (would not be generally applicable) and affects only one property, or group of adjoining properties under identical ownership. Quasi-judicial proposals are limited to rezones which would result in a change to the official zone map. This quasi-judicial application process is available for text amendments only if the applicant demonstrates that the amendment is site specific (would not be generally applicable) and would affect only one property, or group of adjoining properties under identical ownership.
B. Legislative. A proposal is legislative if the action is generally applicable and applies to a relatively large geographic area containing several property owners. Legislative proposals may include amendments to the text of this title or area-wide rezones which would result in a change to the official zone map. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.060 Applications.
Applications include the following items and shall be submitted to the office of planning and development. Applications submitted by the public shall include the following items:
A. Application Fee. As specified in Okanogan County’s fee schedule which may include collection of application fees for other agencies. This application item shall not be required for proposals initiated by Okanogan County.
B. Land Use Permit Application. This application item shall not be required for proposals initiated by Okanogan County.
C. SEPA Environmental Checklist. The SEPA environmental checklist is required only if the proposal is not categorically exempt in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions.
D. Project Description. A thorough narrative explaining the purpose and scope of the proposed amendment. The scope of the project description will depend greatly on the nature of the proposal. The project description should explain how the proposal is consistent with the comprehensive plan and pertinent land use regulations administered by Okanogan County.
E. Vicinity Map. The vicinity map is required for zone map amendments, rezones, and text amendments which impact specific geographic areas. The type of vicinity map will depend greatly on the nature of the proposal. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.070 Environmental review.
SEPA review, including submission of a completed SEPA environmental checklist, is required for those applications which are not exempt from review in accordance with Chapter 14.04 OCC, Environmental Policy, and/or Chapter 197-11 WAC Part Nine, Categorical Exemptions. When SEPA review is required, application and SEPA procedures shall run concurrently where possible. Concurrent processing includes consolidated publications, public and agency notifications, and appeal procedures. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.080 Public hearing not required – Procedural amendments.
In accordance with RCW 36.70.800, “[a]n amendment to the text of a zoning ordinance which does not impose, remove or modify any regulation theretofore existing and affecting the zoning status of land shall be processed in the same manner prescribed by this chapter for the adoption of an official control except that no public hearing shall be required either by the commission or the board.”
A. Such amendments must be adopted by ordinance of the board of Okanogan County commissioners.
B. At the discretion of the board of Okanogan County commissioners, a public hearing may be required for proposals meeting the terms of this section. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.090 Legislative review.
A. Legislative amendments shall be processed by the office of planning and development in accordance with the procedures outlined in this section and OCC Title 20, Development Permit Procedures and Administration.
B. Planning Commission. The planning commission shall conduct an open record public hearing for the proposal. The planning commission may order amendments to the proposal. From the record of the hearing, the planning commission shall make a recommendation to the board of commissioners.
C. Board of Commissioners. The record from the planning commission shall be transmitted to the board of commissioners. The board of commissioners shall conduct an open record public hearing. As a result of the hearing, the board of commissioners may order that the proposed legislation is approved, denied, amended, or remanded for further consideration of specific issues. Legislation shall be approved by ordinance.
D. Effect. Legislation adopted by ordinance takes effect immediately and is thereby enforceable, unless otherwise specified. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.340.100 Quasi-judicial review.
A. Quasi-judicial rezones shall be processed by the office of planning and development in accordance with the procedures outlined in this section and OCC Title 20, Development Permit Procedures and Administration.
B. Effect. The decision of the hearing examiner or board of adjustment takes effect immediately and is thereby enforceable, unless otherwise specified.
C. BOCC Review and Zone Map Amendment. The hearing examiner is unable to order changes to the official zone map. When a rezone is approved by the hearing examiner, the decision shall be presented to the board of Okanogan County commissioners during a closed record public hearing. Amendments to the official zone map shall be adopted by ordinance of the board of Okanogan County commissioners, thereby perfecting the decision of the hearing examiner. (Ord. 2016-4 § 1 (Att. A), 2016).