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 section is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals and policies of the Mabton Sub-Area Plan and the intent of this ordinance.

(Ord. 635, 1984)

020.1.  Initiation - An amendment to the text, standards, procedures or other provisions of this title may be initiated by:

020.1.1. Action of the city council or the planning commission; or

020.1.2. An application for amendment filed by any person. The application shall be filed with the planning commission secretary and shall state the article, section, subsection, and paragraph sought to be amended. The application shall also contain the language of the proposed amendment and shall state the reasons for the proposed text change.

020.2.  Action by the Legislative Body - Any amendments in this title shall be by action of the city council after a recommendation thereon from the planning commission. Such action shall occur in accordance with the procedures set forth in RCW Chapter 35A.63 as it now exists or is hereafter amended.

(Ord. 635, 1984)

030.1. Initiation. An amendment to the zoning map may be initiated by:

030.1.1. Resolution of the city council or the planning commission; or

030.1.2. A rezone application filed by any property owner.

030.2. Application. All rezone applications shall be filed with the Mabton City Clerk. The application shall be on forms supplied by the city and contain the following:

030.2.1. The street address if available and legal description of the total property involved in the application;

030.2.2. The name(s), address(es) and telephone number(s) and notarized signature of the applicant(s) and all owners of the property subject to the application. The applicant shall certify to the city that all property owners have signed the application;

030.2.3. A typewritten statement explaining the need for the reclassification, including any proposed uses should the reclassification be approved.

030.3. Approval Criteria. In considering the proposed rezone the planning commission and city council shall document the following considerations:

030.3.1. The testimony at the public hearing;

030.3.2. The suitability of the property in question for uses permitted under the proposed zoning;

030.3.3. The recommendation from interested agencies and departments;

030.3.4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Mabton Comprehensive Plan and any sub-area plans and the intent of this title;

030.3.5. The adequacy of public facilities, such as sewer, water and other required public services;

030.3.6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and

030.3.7. The public need for the proposed change.

030.4. Processing procedure applications for rezones shall be processed in the following manner:

030.4.1. Applications shall be filed in the office of the city clerk on forms provided by the city together with the prescribed application fee. The completed application shall be filed at least twenty-five days prior to the scheduled planning commission meeting.

030.4.2. The planning commission secretary shall review the application for completeness and may reject the application within three regular city business days if not completed in every respect.

030.4.3. Upon certification that the application is complete the planning commission secretary shall establish the date and time for a public hearing on the application before the planning commission.

030.4.4. Notice of the public hearing shall be given by publication of at least one legal notice not less than ten days prior to the public hearing in a newspaper known as the Sunnyside Daily News.

030.4.5. Written notice of the public hearing shall be addressed through the United States mail to the applicant, owner(s) of the property subject to the application and to the latest recorded real property owners as shown by the records of the county assessor within a radius of three hundred feet of the external boundaries of the property for which the application is sought. The written notice shall be dispatched to the mail service no later than eleven days prior to the public hearing.

030.4.6. The planning commission shall conduct at least one public hearing regarding the application and may hold additional hearings at its discretion. The applicant shall appear in person or by agent or attorney. Failure to appear may constitute sufficient cause for continuance of the public hearing. Other parties may appear in person or by agent or attorney or may submit written documents.

030.4.7. At any time prior to rendering a decision, the planning commission may request additional information from the applicant regarding any aspect of the proposal. The commission is not obligated to render a decision until such additional information is received.

030.4.8. The planning commission shall render a report and recommendation to the city council within ninety days from the receipt of the application by the city, unless additional information as outlined above is requested or unless the applicant consents to an extension of time. Should the planning commission be unable to act on the application within the prescribed time, the matter shall be referred to the city council.

030.4.9. Upon receipt of the planning commission report and recommendation, the council shall schedule and conduct a public meeting to consider the commission's recommendation. In this public meeting, the council may either adopt or reject the recommendation of the commission.

030.4.10. If adopted, the recommendation of the commission together with the findings of fact constitute approval or denial of the rezone application.

030.4.11. If the council determines that a change in the recommendation of the commission is necessary or if a report and recommendation has not been received from the planning commission within ninety days from submittal of the application, the council shall conduct its own public hearing giving notice as provided above. The council shall render findings and a decision which constitute approval or denial of the application.

(Ord. 635, 1984)

(Ord. No. 2017-1099, § 6, 6-27-2017)

040.1. Any individual, private or public organization, or officer of the city aggrieved by any decision of the city council may seek review by a court of record of such decision, in the manner provided by RCW 7.16.

040.2. The cost of transcription of all records ordered certified by a court or review shall be borne by the appellant.

(Ord. 635, 1984)