Chapter 21.18
ZONING TEXT AND MAP AMENDMENTS
Sections:
21.18.030 County initiated map amendments.
21.18.040 Petitions for zoning map amendments.
21.18.050 Frequency of petitions for zoning map amendments.
21.18.060 Notice of hearing on petitions for zoning map amendments.
21.18.070 Hearing by hearing examiner on petitions for zoning map amendments.
21.18.080 Referral of the planning commission’s recommendation to the board of county commissioners.
21.18.010 Purpose.
From time to time a change in circumstances or conditions may warrant a change in the zoning code text or map created pursuant to this title. The purpose of this chapter is to establish the procedures to amend zoning code text and/or maps. (Ord. 2005-02 (part))
21.18.020 Textual amendments.
The board of county commissioners, upon recommendation of the planning commission, or upon its own motion and referral to and report from the planning commission and after a public hearing, may amend, delete, supplement, or change by ordinance the regulations herein established, provided such revision is in accordance with the procedures set forth in RCW 36.70. An amendment to the text of this title may only be initiated by the board of county commissioners or the planning commission and shall be consistent with the terms of the comprehensive plan. (Ord. 2005-02 (part))
21.18.030 County initiated map amendments.
County initiated map amendments are amendments to the official zoning map that are not proposed for specific parcels by the landowners of the parcels. Rather, the amendments are generally countywide in nature. These legislative actions usually occur when a new zone classification is created, when the board of county commissioners has adopted an amendment to the land use maps in the comprehensive plan, or when it is determined that the existing zone classification is out of character with the surrounding area. Such action shall occur in accordance with the procedures set forth in RCW 36.70. County initiated map amendments may only be initiated by the board of county commissioners or the planning commission. (Ord. 2005-02 (part))
21.18.040 Petitions for zoning map amendments.
Petitions for zoning map amendments are requests to change the zone classification shown on the official zoning map for a specific parcel or parcels by one or more landowners. Requests for such amendments may be initiated by filing with the planning department a completed application on forms supplied by the planning department, a completed environmental checklist, and a nonrefundable fee as established by resolution of the board of county commissioners. Petitions for a zoning map amendment may be initiated by the person or persons that own all the property for which the amendment is sought or for a larger area that includes the property that the applicant owns. Where an amendment is requested for an area larger than the parcels owned by the applicants, the signatures on the application must represent one hundred percent of the owners of the total number of parcels within the entire area proposed for amendment. If a parcel has multiple owners, then all of the owners’ signatures must be obtained and are counted as a single signature when calculating the percentage of owners’ signatures obtained. (Ord. 2005-02 (part))
21.18.050 Frequency of petitions for zoning map amendments.
To ensure a comprehensive review of petitions for zoning map amendments, all petitions must be complete and submitted to the planning department on or before December 31st of each calendar year. The petitions for zoning map amendments will then be placed on the hearing examiner’s schedule for public hearing as follows: petitions within commissioner district 1 (west end) will be heard beginning in June, petitions within commissioner district 2 (mid county) will be heard beginning in May, petitions for commissioner district 3 (east end) will be heard beginning in April. Due to the number of petitions received each year, there may need to be more than one public hearing scheduled for each of the commissioner districts. In addition, any of the public hearings may be continued as determined by the hearing examiner. If a petition for a zoning map amendment is denied, the petition can be resubmitted no sooner than the third year from the date of denial by the hearing examiner. Zoning map amendments do not constitute an emergency (i.e., an immediate threat to life or property for which action must be taken to alleviate the threat).
The hearing examiner will review the list of zoning map amendment applications received at the first meeting in February and set the schedule of hearings. (Ord. 2007-02 (part): Ord. 2005-02 (part))
21.18.060 Notice of hearing on petitions for zoning map amendments.
Written notice of an application for a petition for zoning map amendment under Section 21.18.040 of this chapter shall be by:
A. First class United States mail addressed to the applicants; all owners of the real property subject to the proposed amendment; and to all real property owners, as shown in the records of the Skamania County assessor, located within one thousand feet from any boundary of the property subject to the proposed map amendment. If the owner of the property for which the proposed map amendment is requested owns another parcel or parcels adjoining a parcel subject to the amendment, then notification also shall be mailed to owners of real property located within one thousand feet from any boundary of such adjoining parcels. Notification of the hearing schedule for all applications shall be mailed no later than the last business day of February. Failure by any person listed above to receive such notice shall not invalidate any proceedings or decision in connection with the proposed map amendment. Notices addressed to the last known owners of record as shown on the county assessor records shall be deemed proper notice to the owner of such property; and
B. Publication in a newspaper of general circulation in the county shall consist of:
1. A list of all applications received, and the hearing schedule to be published on the last date the newspaper is published in February, and
2. A legal notice of the hearing to be published at least ten days prior to the open record hearing date. (Ord. 2005-02 (part))
21.18.070 Hearing by hearing examiner on petitions for zoning map amendments.
The hearing examiner hearing process on petitions for zoning map amendments under SCC 21.18.040 shall be as follows:
A. The hearing examiner shall hold at least one public hearing on all proposed petitions for zoning map amendments. At the conclusion of such hearing or hearings, the hearing examiner shall consider all testimony and documents presented and shall determine whether, based on the criteria set forth in SCC 21.18.070(b), the proposed petition for zoning map amendment should be approved or denied. The hearing examiner’s decision shall be supported by appropriate findings of fact based exclusively on the evidence presented.
B. The hearing examiner may approve the proposed petition for zoning map amendment if the zoning map amendment: (1) bears a substantial relationship to the public health, safety, and/or welfare (is the amendment consistent with the comprehensive plan); (2) is contiguous to the requested designation by at least one hundred feet, therefore not being a grant of special privilege; and (3) circumstances have substantially changed in the area since the adoption of the existing zoning designation.
C. In the case where a petition for zoning map amendment requires an amendment to the comprehensive plan in order to assure consistency between SCC Title 21 and the comprehensive plan, the review processes for the petition for zoning map amendment and the comprehensive plan amendment may proceed concurrently by holding the hearings for each amendment at the same meetings. (Ord. 2007-02 (part): Ord. 2005-02 (part))
21.18.080 Referral of the planning commission’s recommendation to the board of county commissioners.
A. The planning commission’s findings and recommendation of approval, denial, or lack of recommendation for a proposed petition for zoning map amendment shall be forwarded to the board of county commissioners for action within fourteen calendar days of the written adoption of the planning commission’s findings of fact and recommendation.
B. Upon receipt of the planning commission’s recommendation or notice of a lack of recommendation regarding a proposed petition for zoning map amendment, the board of county commissioners shall set the date(s) and time(s) for its consideration of the petition. The board of county commissioners shall schedule a public meeting on the petition not more than sixty days from the date of the planning commission’s written recommendation or written notice of its failure to reach a recommendation. The board of county commissioners may adopt, modify, or reject the recommendation of the planning commission based on the criteria set forth in SCC Section 21.18.070(B). If the planning commission makes no recommendation, the board of county commissioners will make its decision based on the record of the planning commission’s hearing and the criteria set forth in SCC Section 21.18.070(B). (Ord. 2005-02 (part))