Pasco City Zoning Code
25.210 Amendments
and Rezoning
25.210.010 Purpose.
The purpose of this chapter is to establish procedures to amend either the zoning text or map of this title. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.010.]
25.210.020 Initiation of amendments.
(1) Zoning Map.
(a) Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions:
(i) If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record.
(ii) A person, firm, corporation or group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property’s present zone to another particular zone for the same parcel of land; provided, that within the one-year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property’s present zone to a zone other than the zone previously requested in the earlier petition.
(b) The City Council, upon its own motion, may request the Hearing Examiner hold an open record hearing on the reclassification of a parcel or parcels of property.
(c) The Planning Commission may initiate a open record hearing on the reclassification of a parcel or parcels of property.
(2) Text.
(a) The City Council upon its own motion may conduct an open record hearing to amend the text, or request that the Hearing Examiner conduct a public hearing to develop a recommendation on a text amendment.
(b) The Planning Commission may initiate an open record hearing to develop a recommendation for a text amendment.
(c) Any resident or property owner within the Pasco Urban Area may petition the City Council for a text amendment. A petition to amend the text does not obligate the City Council to follow through with the petitioned amendment.
(3) City/County Coordination.
(a) All County zoning map amendments within the UGA shall be coordinated with the City prior to change by the County. Coordination shall consist of providing the City with timely notification of proposed map amendments and affording an opportunity to comment. Map amendments shall conform in all respects to the UGA Comprehensive Plan.
(b) Zoning text amendments shall be coordinated between the City and County to ensure that the intent and purpose of the joint development regulations are maintained. Coordination shall consist of providing affected jurisdictions the opportunity to participate in drafting the text amendment through comment and consultation. [Ord. 4496 § 7, 2020; Ord. 4110 § 32, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.88.020.]
25.210.030 Requirements for zoning petition.
The petition for a change of classification must show the following:
(1) The date the existing zone became effective;
(2) The changed conditions which are alleged to warrant other or additional zoning;
(3) Facts to justify the change on the basis of advancing the public health, safety and general welfare;
(4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan;
(5) The effect on the property owner or owners if the request is not granted;
(6) The Comprehensive Plan land use designation for the property; and
(7) Such other information as the Hearing Examiner requires. [Ord. 4496 § 8, 2020; Ord. 3354 § 2, 1999; Code 1970 § 25.88.030.]
25.210.040 Notice requirements.
At least 14 days’ notice of time, place and general purpose of any open record hearing required by this chapter shall be published in a newspaper of general circulation in the City. In addition thereto, written notice of the hearing shall be mailed to each property owner of record within 300 feet of the boundaries of the area proposed to be changed or altered. Owners of record shall be determined by a title company report or report from the Franklin County Assessor’s Office not more than 30 calendar days preceding the date of publication. Substantial compliance shall be deemed to be full and sufficient compliance. [Ord. 4433 § 17, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.88.040.]
25.210.050 Amendment in conflict with Comprehensive Plan.
25.210.060 Hearing Examiner – Findings and recommendations.
(1) After completion of an open record hearing on a petition for reclassification of property, the Hearing Examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not:
(a) The proposal is in accord with the goals and policies of the Comprehensive Plan;
(b) The effect of the proposal on the immediate vicinity will be materially detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and conditions of such an agreement.
(2) The Hearing Examiner shall render a recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner’s recommendation, to include its findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. [Ord. 4496 § 9, 2020; Ord. 3354 § 2, 1999; Code 1970 § 25.88.060.]
25.210.070 Appeal of recommendation.
Any recommendation of the Hearing Examiner regarding a petition for reclassification of property may be appealed in accordance with one of the following methods:
(1) Applicant. Within 10 calendar days from the date of the Hearing Examiner action, file written appeal with the City Planner stating the basis of appeal from the Hearing Examiner recommendation;
(2) Property Owners. Within 10 calendar days from the date of the Hearing Examiner action, file written appeal with the City Planner stating the basis of appeal from the Hearing Examiner recommendation and bearing the signature of at least 20 percent of the owners of record of property within 300 feet of the property proposed for reclassification;
(3) Either method of appeal shall include payment of an appeal fee in the amount prescribed by PMC Title 3; and
(4) A proper and timely filed appeal shall be presented to the City Council in conjunction with the Hearing Examiner recommendation and shall require the City Council to conduct a closed record hearing, notice of which shall be given in accordance with PMC 25.210.040, to consider the appeal. [Ord. 4496 § 10, 2020; Ord. 3354 § 2, 1999; Code 1970 § 25.88.070.]
25.210.080 City Council consideration.
(1) Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper action of the City Council without further review. In the event the Council deems further review is necessary, it shall conduct a closed record hearing, notice of which shall be given in accordance with PMC 25.210.040; and
(2) In those cases which require further review, the City Council shall at the conclusion of a closed record hearing make and enter findings of fact and take one of the following actions:
(a) Approve the reclassification with or without modification;
(b) Enter into a concomitant agreement with the petitioner, as set forth in PMC 25.210.100;
(c) Deny the reclassification. [Ord. 4496 § 11, 2020; Ord. 3354 § 2, 1999; Code 1970 § 25.88.080.]
25.210.090 Change in zoning map – Effectuation.
Upon granting the application for zone change with or without modification and/or conditions, the City Council shall change by ordinance the district boundaries or zone classifications as shown on the district maps and amend, supplement or change by ordinance the regulations established by this title. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.090.]
25.210.100 Concomitant agreement.
(1) The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property:
(a) Setback;
(b) Use of building or property;
(c) Type of business;
(d) Height of building;
(e) Size of building;
(f) Size of subdivision of property;
(g) Density;
(h) Landscape;
(i) Street, sidewalk and curb improvement and easements and rights-of-way for such;
(j) Public utility improvements and easements and rights-of-way for such;
(k) Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change.
(2) Any concomitant agreement under this chapter must be signed by the legal owner of record for the property described in the agreement, notarized and attached to and becoming a part of the ordinance effectuating the zone change; and
(3) The ordinance effectuating the zone change, together with the concomitant agreement and all other attachments thereto, shall be filed with the County Auditor and all conditions and covenants included in the concomitant agreement shall be binding on all heirs, successors and assigns, and shall run with the land. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.100.]
25.210.110 Termination of concomitant agreement.
A person, firm, corporation or group of individuals seeking termination of the concomitant agreement must petition for termination of the concomitant agreement in the same manner and following the same steps and procedures as a person applying for a zone change under the provisions of this chapter. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.110.]