Chapter 20.52
AMENDMENTS

Sections:

20.52.010    Purpose.

20.52.020    Map changes.

20.52.025    Text changes.

20.52.030    Application procedure.

20.52.040    Annexed areas.

20.52.050    Decision criteria.

20.52.060    Recording.

20.52.010 Purpose.

This chapter establishes the procedures and criteria for amending the text and tables of the city’s development regulations and the city’s official zoning map. (Ord. 1867-0315 § 1 (part), 2015)

20.52.020 Map changes.

A.    The city council may, upon proper application, upon recommendation of the hearings examiner or upon its own motion, and after public hearing amend, delete, supplement, or change by ordinance the district boundary lines of zone classifications as shown on the zoning map; provided such change is duly considered in relationship to a comprehensive plan as required by the laws of Washington.

B.    Changes in zone classifications necessary to achieve consistency with a comprehensive plan amendment shall be processed as legislative actions in conjunction with the comprehensive plan amendment. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 1 (part), 2015: Ord. 1450-796 § 1 (part), 1996: Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 18.01, 1979. Formerly 20.52.010)

20.52.025 Text changes.1

The city council may, after public hearing, amend, delete, supplement, or change by ordinance the regulations applicable to any zone in this title. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 1 (part), 2015: Ord. 1450-796 § 2, 1996; Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 18.02, 1979. Formerly 20.52.020)

20.52.030 Application procedure.

A.    Who May Initiate.

1.    Privately Initiated. Any person or group may request a development regulation amendment or area-wide zoning map amendment. Only the property owner or his or her authorized agent may apply for a site-specific rezone of a specific parcel or parcels. Such requests are subject to the application process set forth in this section.

2.    City-Initiated. The city council, city department or staff member may initiate a development regulation, an area-wide or site-specific zoning map amendment. Such requests are not subject to the application process set forth in this section.

3.    Any person or group may informally suggest a development regulation or zoning map amendment to the city council and request their sponsorship for the amendment. Agreement to sponsor such an amendment is at the sole discretion of the city council.

B.    An application for a text or map amendment submitted by the property owner, or his or her authorized representative, shall be entered on a form provided for this purpose and filed with the planning director. Said petition shall be accompanied by all required fees, made payable to the city, which shall be nonrefundable and used to cover costs incurred in connection with posting of the premises, mailing of notices and conducting the hearing as provided in this title. No fees shall apply to city-initiated amendment proposals. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 1 (part), 2015: amended during 9/92 supplement; Ord. 1310-191 § 2 (part), 1991; Ord. 987 § 18.03, 1979)

20.52.040 Annexed areas.

Private land annexed to the city after the effective date of the ordinance codified in this title shall be classified as within a zoning district consistent with the adopted city of Shelton future land use map, unless otherwise provided in the ordinance of annexation. Subsequent changes shall be in accordance with procedure specified in this chapter. (Ord. 1867-0315 § 1 (part), 2015: Ord. 987 § 18.04, 1979)

20.52.050 Decision criteria.

The city council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria:

A.    The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan;

B.    The proposed amendment is consistent with the scope and purpose of the city’s zoning ordinances and the description and purpose of the zone classification applied for;

C.    Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment;

D.    The proposed zoning is consistent and compatible with the uses and zoning of surrounding property;

E.    The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification;

F.    The amendment is in compliance with the three-year limitation rule as specified in Section 20.53.060(B); and

G.    Adequate public services could be made available to serve the full range of proposed uses in that zone. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 1 (part), 2015)

20.52.060 Recording.

A copy of any ordinance granting change of zone classification or district boundary lines, or any part thereof, or any amendment thereto, or any ordinance vacating any street or alley, shall include a proper legal description (not tax lot), shall be duly certified as a true copy by the city clerk and shall be recorded with the county auditor as required by law. (Ord. 1867-0315 § 1 (part), 2015: Ord. 987 § 18.05, 1979. Formerly 20.52.050)


1

Code reviser’s note: Ordinance 1867-0315 numbers the provisions of this section as 20.52.020. This section has been editorially renumbered to avoid duplication.