Selah City Zoning Code

10.40 Amendments

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

(b) Action by the Legislative Body. Any amendments to this title shall be by action of the legislative body after a recommendation thereon from the planning commission or hearing examiner. Such action shall occur in accordance with the procedure set forth in RCW Chapters 36.70 and 36.70A.

10.40.010 Purpose.

From time to time a change in circumstances or conditions may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to allow for early and continuous public participation by establishing the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals, objectives and policies of the comprehensive plan and intent of this title. (Ord. 2018, § 2, 2017; Ord. 1634, § 170, 2004.)

10.40.020 Text amendments.

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

10.40.030 Zoning map amendment – Initiation.

An amendment to the zoning map may be initiated by:

(1) Resolution of the legislative body or the planning commission to legislatively amend the zoning maps pursuant to this title; or

(2) A rezone application filed by a property owner(s). (Ord. 1634, § 172, 2004.)

10.40.040 Major rezones.

Amendments to the zoning map that are contingent upon legislative approval of a comprehensive plan amendment shall be considered a major rezone.

(1) RCW 36.70A, the Growth Management Act, authorizes amendments to the comprehensive plan not more than once per year in order that the cumulative effects of all such proposed plan amendments are considered. A comprehensive plan map amendment request and a major rezone application may be submitted at any time, and shall be processed in accordance with the annual comprehensive plan amendment schedule.

(2) The planning commission, rather than the hearing examiner, shall have jurisdiction for major rezone applications.

(3) Processing of an application for a comprehensive plan amendment/major rezone is a legislative action and does not vest development of the property. (Ord. 1634, § 173, 2004.)

10.40.050 Major rezone review process.

(a) Applications shall contain the information necessary to review the proposal as set forth in the application form and such other information as is needed to determine conformance with this title and the comprehensive plan. Additional information may be requested by the reviewing official at any time during the review process, and must be provided in a timely manner. Applications that are not sufficiently complete prior to the annual application deadline may not be docketed for that year's amendment process.

(b) Public notice for major rezone applications shall be provided to the owner(s), affected agencies, jurisdictions, and adjoining property owners within six hundred feet of the subject's property.

(c) Decision criteria the planning commission shall issue a written recommendation to approve, approve subject to a development or concomitant agreement, modify or deny the proposed comprehensive plan amendment/major rezone. The recommendation shall include the following considerations:

(1) The extent to which the proposed amendment/major rezone is consistent with and/or deviates from the goals, objectives, mapping criteria and policies adopted in the comprehensive plan and the intent of this title;

(2) The adequacy of public facilities, such as roads, sewer, water and other public services required to meet urban or rural needs;

(3) The public need for the proposed change. Public need shall mean that a valid public purpose, for which the comprehensive plan and this title have been adopted, is served by the proposed application. Findings that address public need shall, at a minimum, document:

(A) Whether additional land for a particular purpose is required in consideration of the amount already provided by the plan map designation or current zoning district within the area as appropriate; and

(B) Whether the timing is appropriate to provide additional land for a particular use.

(4) Whether substantial changes in circumstances exist to warrant an amendment to the current designation or zone;

(5) The testimony at the public hearing;

(6) The compatibility of the proposed zone change and associated uses with neighboring land uses;

(7) The suitability of the property in question for uses permitted under the proposed zoning;

(8) The recommendation from interested agencies and departments.

(d) Recommendation by the Planning Commission. The planning commission shall forward its recommendation for approval, modification or rejection of any comprehensive plan amendment/major rezone to the legislative body.

(e) Action by the Legislative Body. Upon receipt of the planning commission recommendation, the legislative body shall hold a public meeting or hearing and affirm, modify, remand or reject the recommendation. (Ord. 1634, § 174, 2004.)

10.40.060 Appeals of major rezone actions.

(a) The decision of the legislative body shall be final and conclusive unless appealed.

(b) A decision by the planning commission or legislative body not to initiate a text or map amendment pursuant to Chapter 10.40.030 shall not be subject to appeal. (Ord. 1634, § 175, 2004.)

10.40.070 Minor rezones.

(a) Rezone applications that are not dependent upon a comprehensive plan amendment shall be considered minor rezones. These quasi-judicial actions may be processed at any time. The review criteria for minor rezones shall be the same as those listed in Chapter 10.40.050(c).

(b) The hearing examiner shall issue a recommendation to approve, approve subject to a development or concomitant agreement, modify or deny the proposed minor rezone.

(c) The planning commission may, if requested by the hearing examiner, submit a recommendation on the proposed minor rezone to the hearing examiner prior to the issuance of his recommendation. The recommendation of the planning commission shall in no way be binding on the hearing examiner.

(d) The legislative body shall conduct a closed record public meeting on the recommendation and may approve, approve subject to a development or concomitant agreement, modify or deny the application. The legislative body may also remand the application to the hearing examiner before making a decision if the legislative body determines that the hearing examiner's recommendation needs clarification or further fact finding on specific points, consistency with this title or the comprehensive plan.

(e) Minor rezone decisions may be appealed as provided in S.M.C. Title 21. (Ord. 1634, § 176, 2004.)

Selah City Zoning Code

10.40 Amendments

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

10.40.010 Purpose.

10.40.020 Text amendments.

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

10.40.030 Zoning map amendment – Initiation.

An amendment to the zoning map may be initiated by:

(1) Resolution of the legislative body or the planning commission to legislatively amend the zoning maps pursuant to this title; or

(2) A rezone application filed by a property owner(s). (Ord. 1634, § 172, 2004.)

10.40.040 Major rezones.

Amendments to the zoning map that are contingent upon legislative approval of a comprehensive plan amendment shall be considered a major rezone.

(2) The planning commission, rather than the hearing examiner, shall have jurisdiction for major rezone applications.

(3) Processing of an application for a comprehensive plan amendment/major rezone is a legislative action and does not vest development of the property. (Ord. 1634, § 173, 2004.)

10.40.050 Major rezone review process.

(b) Public notice for major rezone applications shall be provided to the owner(s), affected agencies, jurisdictions, and adjoining property owners within six hundred feet of the subject's property.

(2) The adequacy of public facilities, such as roads, sewer, water and other public services required to meet urban or rural needs;

(B) Whether the timing is appropriate to provide additional land for a particular use.

(4) Whether substantial changes in circumstances exist to warrant an amendment to the current designation or zone;

(5) The testimony at the public hearing;

(6) The compatibility of the proposed zone change and associated uses with neighboring land uses;

(7) The suitability of the property in question for uses permitted under the proposed zoning;

(8) The recommendation from interested agencies and departments.

10.40.060 Appeals of major rezone actions.

(a) The decision of the legislative body shall be final and conclusive unless appealed.

(b) A decision by the planning commission or legislative body not to initiate a text or map amendment pursuant to Chapter 10.40.030 shall not be subject to appeal. (Ord. 1634, § 175, 2004.)

10.40.070 Minor rezones.

(b) The hearing examiner shall issue a recommendation to approve, approve subject to a development or concomitant agreement, modify or deny the proposed minor rezone.

(e) Minor rezone decisions may be appealed as provided in S.M.C. Title 21. (Ord. 1634, § 176, 2004.)

Selah City Zoning Code

10.40 Amendments

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

10.40.010 Purpose.

10.40.020 Text amendments.

(a) Initiation. An amendment to the text, standards or other provisions of this title may be instituted by action of the legislative body or the planning commission.

10.40.030 Zoning map amendment – Initiation.

An amendment to the zoning map may be initiated by:

(1) Resolution of the legislative body or the planning commission to legislatively amend the zoning maps pursuant to this title; or

(2) A rezone application filed by a property owner(s). (Ord. 1634, § 172, 2004.)

10.40.040 Major rezones.

Amendments to the zoning map that are contingent upon legislative approval of a comprehensive plan amendment shall be considered a major rezone.

(2) The planning commission, rather than the hearing examiner, shall have jurisdiction for major rezone applications.

(3) Processing of an application for a comprehensive plan amendment/major rezone is a legislative action and does not vest development of the property. (Ord. 1634, § 173, 2004.)

10.40.050 Major rezone review process.

(b) Public notice for major rezone applications shall be provided to the owner(s), affected agencies, jurisdictions, and adjoining property owners within six hundred feet of the subject's property.

(2) The adequacy of public facilities, such as roads, sewer, water and other public services required to meet urban or rural needs;

(B) Whether the timing is appropriate to provide additional land for a particular use.

(4) Whether substantial changes in circumstances exist to warrant an amendment to the current designation or zone;

(5) The testimony at the public hearing;

(6) The compatibility of the proposed zone change and associated uses with neighboring land uses;

(7) The suitability of the property in question for uses permitted under the proposed zoning;

(8) The recommendation from interested agencies and departments.

10.40.060 Appeals of major rezone actions.

(a) The decision of the legislative body shall be final and conclusive unless appealed.

(b) A decision by the planning commission or legislative body not to initiate a text or map amendment pursuant to Chapter 10.40.030 shall not be subject to appeal. (Ord. 1634, § 175, 2004.)

10.40.070 Minor rezones.

(b) The hearing examiner shall issue a recommendation to approve, approve subject to a development or concomitant agreement, modify or deny the proposed minor rezone.

(e) Minor rezone decisions may be appealed as provided in S.M.C. Title 21. (Ord. 1634, § 176, 2004.)