Chapter 17.78
AMENDMENTS AND REZONING
Sections:
17.78.010 Amendments and types.
17.78.020 Amendment – Initiation methods.
17.78.030 Open records hearings – Notification requirements.
17.78.040 Site-specific rezones – Application requirements.
17.78.050 Public hearings and decision – Legislative actions.
17.78.060 Public hearings and decision – Site-specific rezones.
17.78.070 Rezoning request – Criteria.
17.78.100 City council – Power to initiate zoning change – Procedure.
17.78.120 Nonregulatory amendment – No public hearing required.
17.78.130 Rezone petition – Resubmittal after six-month wait permitted.
17.78.170 Planning commission – Administrative exception – Lot line interpretations.
17.78.010 Amendments and types.
A. Whenever public necessity, convenience, and general welfare require, the boundaries of the zones established on maps or by ordinance, the classification of property uses therein or the provisions of this title may be amended in accordance with the provisions of this chapter. Amendments to the comprehensive plan are addressed in Chapter 14.09 WRMC.
B. There shall be three types of amendments to the zones established by maps or by ordinances or to the classification of property and the provisions of this title.
1. Area-Wide Rezone. A rezone shall be treated as an area-wide rezone when:
a. It is initiated by the city and a significant class of property is similarly affected by the proposed rezone; and
b. It is either:
i. Based upon an adopted or ongoing comprehensive planning process or undertaken to ensure compliance with or to implement the provisions of the Growth Management Act; or
ii. Part of process that includes amending text of this title where such amendments will have significant impact on a large area of the city.
2. Site-Specific Rezone. A rezone will be treated as a site-specific rezone when it does not meet the requirements of the area-wide rezone as set forth above, or when the rezone is initiated by the property owner for a specific parcel or parcels of property, and the rezone will not have area-wide impact.
3. Amendments to the text of this title. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.020 Amendment – Initiation methods.
Amendments to the text of this title or the reclassification of zoning or boundaries of zones may be initiated by the following methods:
A. Amendments to the text of this title are considered legislative in nature, and may be initiated by the following methods:
1. By adoption of a motion by the city council requesting the planning commission to consider an amendment to the text of this title, and thereafter make recommendations to the city council concerning the same; or
2. By adoption of a motion by the planning commission recommending an amendment to the text of this title to the city council; or
3. By recommendation of the community development director following consideration by the planning commission.
B. The amendments to or the reclassification of zoning or boundaries of zones for parcels of property may be initiated by the following methods:
1. By adoption of a motion by the city council requesting the planning commission consider an amendment, conduct an open records hearing thereon, and thereafter recommend to the city council; or
2. By adoption of a motion by the planning commission recommending the amendment to the city council following an open records hearing; or
3. By the verified application of one or more owners of property which is proposed to be rezoned. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.030 Open records hearings – Notification requirements.
Notification for amendments to boundaries of zones, for reclassification of property or for amendment to this title shall be given as follows:
A. Area-Wide Rezone. An area-wide rezone is a legislative action, requiring notice of the public hearing in accordance with the requirements of Chapter 14.03 WRMC and RCW 36.70A.035.
B. Site-Specific Rezone. Written notice of the public hearing for the proposed rezone shall be provided as outlined in WRMC Title 14.
C. Amendment to the Text of This Title. Notice of the proposed action shall be provided by mailing notice of the meeting of the planning commission and city council at which the amendment will be considered to all persons who, within the last 12 months, have made a written request to be notified of the proposed change; said notice to be mailed at least 15 days prior to the date of the meeting. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.040 Site-specific rezones – Application requirements.
A. The owner of any land, or his/her authorized agent, desiring a site-specific rezone of property shall present to the city community development department an application signed and acknowledged by him or her on forms provided by the city, setting forth in detail his or her proposal. In addition, the applicant shall submit dimensional drawings delineating the proposed rezone and shall submit such specific detail with regard to the application as is established by the administrator. In addition, the applicant shall submit with the application a report from a title insurance company showing the current names and addresses of all property owners within the area proposed for rezone.
B. The administrator shall forward the completed application to the city planning commission if the administrator determines that the proposed rezone is consistent with the West Richland comprehensive plan. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.050 Public hearings and decision – Legislative actions.
Zoning ordinance text amendments and area-wide rezones are legislative actions, to be heard and decided as outlined in the procedures of WRMC Title 14. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.060 Public hearings and decision – Site-specific rezones.
Site-specific rezones are to follow the procedures outlined in WRMC Title 14. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.070 Rezoning request – Criteria.
In determining whether an area shall be rezoned, the planning commission and city council shall consider and be guided by the following criteria:
A. The unique characteristics, if any, of the property or circumstances of the owner;
B. Any hardship that may result in the event the rezone is not granted;
C. The manner in which the proposed rezone conforms to patterns in adjacent zones;
D. Any beneficial or adverse effects the granting or denial of the rezone would have on adjacent or surrounding zones;
E. Any beneficial or adverse effects the granting or denial of the rezone would have in relation to the overall purpose and intent of the comprehensive plan and this title;
F. The benefits or detriments accruing to the city which would result from the granting or denial of the rezone;
G. Whether the proposed rezone represents a better use of the land from the standpoint of the comprehensive plan than the original zone;
H. Whether the proposed rezone represents spot zoning and whether a larger area should be considered;
I. Impacts on the environment and public safety. [Ord. 21-20 § 30, 2020].
17.78.100 City council – Power to initiate zoning change – Procedure.
When it deems it to be in the public interest, the city council may initiate consideration of an amendment or a reclassification. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.120 Nonregulatory amendment – No public hearing required.
The correction of scrivener’s errors or typographic errors or omissions that does not impose, remove or modify any regulation theretofore existing and affecting the zoning status of land or buildings shall be processed in the same manner prescribed by this chapter for the adoption of other amendments, except that no public hearing shall be required either by the planning commission or by the city council. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.130 Rezone petition – Resubmittal after six-month wait permitted.
A petition for rezone which has been disapproved by the city council cannot be resubmitted within six months of the date of disapproval. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].
17.78.170 Planning commission – Administrative exception – Lot line interpretations.
Where the street or lot layout actually on the ground, or as recorded, differs from the street or lot lines as shown on the zoning map, the planning commission, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this title. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation on the zoning map may be made to the planning commission and a determination shall be made by the planning commission. Such determination is a Type III action and shall be considered in accordance with the procedures for such actions as set forth in WRMC Title 14. [Ord. 21-20 § 30, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 6-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007].