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Auburn City Zoning Code

18.68 Zoning

Map and Text Amendments

18.68.010 Purpose.

The purpose of this chapter is to establish a process to amend either the text or map of this title. An amendment of the zoning map is also referred to as a “rezone” as used elsewhere in this title. (Ord. 6779 § 1, 2020; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

18.68.020 Zoning map amendments.

Zoning map amendments may be initiated by the city or one or more property owners. Applications from property owners must include valid authorization from all of the subject property owners involved in the application. (Ord. 6779 § 1, 2020; Ord. 6532 § 30, 2014; Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)

18.68.025 Zoning text amendments.

Text amendments may be initiated by the city or the public.

A. City-Initiated Text Amendments.

1. The director of community development may initiate an amendment to the text of this title for the following purposes:

a. Change the text to increase consistency with the comprehensive plan in compliance with ACC 14.22.050, Conformance and consistency.

b. Change the text in response to changes in state and/or federal laws.

c. Change the text to correct errors, which are determined by the director of community development to be substantive and beyond a scrivener’s error.

d. Change the text to increase internal consistency of this title (Zoning).

2. The mayor may request the director of community development to initiate an amendment to the text of this title, or by the request of the mayor on behalf of the city council or the planning commission.

B. Public-Initiated Text Amendments.

1. Any member of the public may submit an application requesting to amend the text of this title using the city’s established application process. (Ord. 6779 § 1, 2020.)

18.68.030 Types of amendments and processing.

There are three types of map amendments and two types of text amendments; the descriptions and processing procedures for these shall be as follows:

A. Map amendment types:

1. A “Site-Specific Rezone, Category 1” is an application requesting to rezone a property to a zoning district that implements the comprehensive plan land use map designation applied to the property. This type of rezone shall be processed as a Type IV decision, consistent with ACC 14.03.040.

2. A “Site-Specific Rezone, Category 2” is an application requesting to rezone a property to a zoning district that does not implement (i.e., is in conflict with) the existing comprehensive plan land use map designation applied to the property, and a concurrent comprehensive plan amendment application must be submitted. This type of rezone shall be processed as a legislative nonproject decision, consistent with ACC 14.03.060.

3. An “Area-Wide Rezone” is a rezone initiated either by the city or by multiple property owners that applies to a significant number of properties, as determined by the director of community development. This type of rezone shall be processed as a legislative nonproject decision, consistent with ACC 14.03.060.

B. A “Zoning Text Amendment” is an application to change the text of ACC Title 18. This type of application or initiation shall be processed as a legislative nonproject decision, consistent with ACC 14.03.060. Public notice shall be provided consistent with ACC Title 14.

1. Substantive Zoning Text Amendments. For the purposes of this chapter, substantive zoning text amendments shall be distinguished from procedural or administrative amendments in accordance with the following: “Substantive” matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what land use may be made of property, what requirements apply to development, and what public infrastructure may be required of certain developments). “Procedural” or “administrative” matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for decisions and appeals, what forms must be used, and where or how applications must be submitted. Essentially, “procedural” or “administrative” matters are the mechanical rules by which substantive issues may be pursued.) Substantive text amendments shall be reviewed by the planning commission and the planning commission shall conduct a public hearing and make a recommendation before being presented to the city council for consideration and action.

2. Procedural Zoning Text Amendments. Text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations by the planning commission and can therefore be presented directly to city council for action. (Ord. 6779 § 1, 2020; Ord. 6655 § 1, 2017; Ord. 6442 § 26, 2012; Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

18.68.040 Rezone (zoning map amendment) approval criteria.

There is no presumption of validity for a rezone (zoning map amendment) and the applicant has the burden of proof in establishing compliance with all of the following criteria:

A. The rezone implements the policies of the comprehensive plan; or

B. The rezone is necessary due to a substantial change in circumstances since the current zoning; and

C. The rezone bears a substantial relationship to the public health, safety, or welfare. (Ord. 6779 § 1, 2020; Ord. 6655 § 2, 2017; Ord. 6198 § 5, 2008; Ord. 6185 § 9, 2008; Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

18.68.050 Amendments to rezone requests.

Prior to adoption of a rezone ordinance, a requested rezone may be changed, conditioned or modified by the hearing examiner, planning commission or city council when under their appropriate jurisdiction without requiring additional hearings, subject to the following:

A. The modification or change shall not result in a more intense zone than the one requested; or

B. The area of the request shall not be enlarged; however, the area may be lessened. (Ord. 6779 § 1, 2020; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)

18.68.060 Contract rezones.

In order to mitigate any impacts that may result from a rezone the city may enter into a contract with the property owner. The contract shall outline the conditions of approval and the obligations of the property owner. The contract shall be binding upon the owner and the owner’s heirs, assigns and successors. The contract shall run with the land, be signed by the property owner(s) and be recorded with the appropriate King County office, for properties located in King County, or recorded at the appropriate Pierce County office for properties located in Pierce County. Any amendments to the contract shall be approved by the city council. The preferred form of the contract rezone is a development agreement as authorized by RCW 36.708.170 through 36.708.210 and WAC 365-196-845. (Ord. 6779 § 1, 2020; Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)