Chapter 15.23
AMENDMENTS AND REZONES
Sections:
15.23.030 Rezones—Zoning map amendments.
15.23.050 Classification of annexed lands.
15.23.010 Purpose.
From time to time, a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals, policies, and intent of the Yakima urban area comprehensive plan. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.020 Text amendments.
A. Initiation. An amendment to the text, standards, procedures or other provisions of this title may be initiated by action of the legislative body with jurisdiction or the city planning commission as provided for under Yakima Municipal Code (YMC) Title 16.
B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with jurisdiction after a recommendation thereon from the city planning commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 35.63 and YMC Title 16 as it now exists or is hereafter amended. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-22 § 7, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.030 Rezones—Zoning map amendments.
A. Initiation. An amendment to the zoning map may be initiated by:
1. Resolution of the legislative body with jurisdiction or the city of Yakima planning commission; or
2. A rezone application filed by the property owner(s).
B. Application. All rezone applications shall be filed with the planning division. The planning division shall process the application under the provisions of YMC 15.11.070 and Title 16. The application shall include the information required in YMC 15.11.020 and the signature of the owner(s) of the property. Nonproject rezone applications shall also include a nonbinding conceptual site plan to show potential future use of the property.
C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning division shall forward the application to the hearing examiner or city of Yakima planning commission for public hearing and review; provided, that rezone applications initiated by the city to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of YMC 16.05.050. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments.
D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the hearing examiner or city of Yakima planning commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations:
1. The testimony at the public hearing;
2. The suitability of the property in question for uses permitted under the proposed zoning;
3. The recommendation from interested agencies and departments;
4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title;
5. The adequacy of public facilities, such as roads, sewer, water and other required public services;
6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and
7. The public need for the proposed change.
Notice of the hearing examiner’s or the city of Yakima planning commission’s recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the city of Yakima planning commission on rezone applications shall constitute a recommendation to the legislative body.
E. Action by the Legislative Body. Upon receipt of the hearing examiner’s or the city of Yakima planning commission’s recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner’s or the city of Yakima planning commission’s decision.
The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner, the city of Yakima planning commission, or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in YMC Ch. 15.11 and Title 16. In either case, the findings of the legislative body shall include the considerations established in subsection D of this section.
F. Development Agreement. Conditions may be proposed in order to mitigate any detrimental effect the rezone might have on uses or property in the immediate vicinity. Any conditions imposed by the city shall be incorporated in a development agreement executed by the city council and the property owner(s), under the procedures set forth in RCW 36.70B.170 through 36.70B.200.
G. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 11, 2011: Ord. 2010-22 § 8, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 67, 1987: Ord. 2947 § 1 (part), 1986).
15.23.040 Appeals.
The decision of the legislative body shall be final and conclusive unless within twenty-one days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior court for the purpose of reviewing the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.23.050 Classification of annexed lands.
The zoning of land hereafter annexed to the city of Yakima shall not change upon annexation; provided, the city council may initiate and consider a rezone of the property proposed for annexation under this chapter and may adopt the zone change upon annexation. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).