ORDINANCE NO. 2002 – 21

 

(AN ORDINANCE REPEALING SKAMANIA COUNTY CODE SECTIONS 21.16.120, 21.16.130, 21.16.140 AND ESTABLISHING A NEW CHAPTER 21.18 – ZONING TEXT AND MAP AMENDMENTS)

 

WHEREAS, the Skamania County Planning Commission have expressed concern over “creeping rezoning” occurring in the west end of the county, and felt the review being done is inadequate when the area is being rezoned in this piecemeal fashion; and,

 

WHEREAS, on August 3, 1999, Planning Commission members signed a motion requesting the Board of County Commissioners authorize a comprehensive review of zoning in the west end of the county; and,

 

WHEREAS, current rezone criteria state that if the requested zoning and lot size met the Comprehensive Plan designation, if the parcel directly adjoined the requested zoning, and if a change in circumstances could be given to support changing the zoning a rezone could be approved; and,

 

WHEREAS, the change in circumstances that has been used for several years is that the National Scenic Area zoning severely limits developable land in the county. The Planning Commission felt this was a not adequate criterion; and,

 

WHEREAS, questions were raised on the Planning Department practice of using one application and fee for multiple adjoining landowners, with only letters of support for additional applicants; and,

 

WHEREAS, on March 26, 2002, at a workshop between the Planning Staff and the Board of County Commissioners, the Board authorizes the Department to work on an ordinance to establish criteria for zoning text and map amendments; and,

 

WHEREAS, on July 16 and August 6, 2002, the Planning Commission held workshops on the draft zoning text and map amendments; and,

 

WHEREAS, an environmental determination was not made as the project is exempt from State Environmental Policy Act regulations; and,

 

WHEREAS, the Planning Commission held a public hearing on November 5, 2002, and recommended approval of the ordinance; and

 

WHEREAS, the Board of County Commissioners held a public meeting in Underwood on February 20, 2003; and

 

WHEREAS, the Board of County Commissioners held a public meeting in the West End of Skamania County on February 27, 2003; and

 

WHEREAS, the Board of County Commissioners held a public hearing in Stevenson on March 17, 2003;


NOW THEREFORE, BE IT HEREBY ORDAINED AND ESTABLISHED that the following is the final draft of the ordinance repealing Skamania County Code Sections 21.16.120, 21.16.130, 21.16.140 and establishing a new Chapter 21.18 – Zoning Text and Map Amendments:

 

CHAPTER 21.18

ZONING TEXT AND MAP AMENDMENTS

 

SECTIONS:

21.18.010 Purpose

21.18.020 Textual Amendments

21.18.030 County Initiated Map Amendments

21.18.040            Petitions for Zoning Map Amendments

21.18.050            Frequency of Petitions for Zoning Map Amendments

21.18.060 Notice of Hearing on Petitions for Zoning Map Amendments

21.18.070            Hearing by Planning Commission on Petitions for Zoning Map

                        Amendments

21.18.080            Referral of the Planning Commission’s recommendation to the

                        Board of County Commissioners

 

21.18.010             PURPOSE.

 

From time to time a change in circumstances or conditions may warrant a change in the zoning code text or map created pursuant to this title.  The purpose of this chapter is to establish the procedures to amend zoning code text and/or maps.

 

21.18.020             TEXTUAL AMENDMENTS. 

 

The Board of County Commissioners, upon recommendation of the Planning Commission, or upon its own motion and referral to and report from the Planning Commission and after a public hearing, may amend, delete, supplement, or change by ordinance the regulations herein established, provided such revision is in accordance with the procedures set forth in RCW 36.70.  An amendment to the text of this title may only be initiated by the Board of County Commissioners or the Planning Commission and shall be consistent with the terms of the Comprehensive Plan.

 

21.18.030             COUNTY INITIATED MAP AMENDMENTS. 

 

County initiated map amendments are amendments to the official zoning map that are not proposed for specific parcels by the landowners of the parcels.  Rather, the amendments are generally countywide in nature.  These actions usually occur when a new zone classification is created, when the Board of County Commissioners has adopted an amendment to the land use maps in the Comprehensive Plan, or when it is determined that the existing zone classification is out of character with the surrounding area (not including the National Scenic Area).  Such action shall occur in accordance with the procedures set forth in RCW 36.70.  County initiated map amendments may only be initiated by the Board of County Commissioners or the Planning Commission.

 


21.18.040             PETITIONS FOR ZONING MAP AMENDMENTS. 

 

Petitions for zoning map amendments are requests to change the zone classification shown on the official zoning map for a specific parcel or parcels by one or more landowners.  Requests for such amendments may be initiated by filing with the Planning Department a completed application on forms supplied by the Planning Department, a completed environmental checklist, and a non-refundable fee as established by resolution of the Board of County Commissioners.  Petitions for a zoning map amendment may be initiated by the person or persons that own all the property for which the amendment is sought or for a larger area that includes the property that the applicant owns.  Where an amendment is requested for an area larger than the parcels owned by the applicants, the signatures on the application must represent 100 percent of the owners of the total number of parcels within the entire area proposed for amendment.  If a parcel has multiple owners, then all of the owners’ signatures must be obtained and are counted as a single signature when calculating the percentage of owners’ signatures obtained.

 

21.18.050             FREQUENCY OF PETITIONS FOR ZONING MAP AMENDMENTS. 

 

To ensure a comprehensive review of petitions for zoning map amendments, all petitions must be complete and submitted to the Planning Department on or before December 31st of each calendar year. The petitions for zoning map amendments will then be placed on the Planning Commission’s schedule for public hearing as follows:  petitions within Commissioner District 1 (west end) will be heard beginning in June, petitions within Commissioner District 2 (mid county) will be heard beginning in May, petitions for Commissioner District 3 (east end) will be heard beginning in April.  Due to the number of petitions received each year, there may need to be more than one public hearing scheduled for each of the Commissioner Districts.  In addition, any of the public hearings may be continued as determined by the Planning Commission.  If a petition for a zoning map amendment is denied, the petition can be resubmitted no sooner than the third year from the date of denial by the Board of County Commissioners.  Zoning map amendments do not constitute an emergency (i.e., an immediate threat to life or property for which action must be taken to alleviate the threat). 

 

The Planning Commission will review the list of petitions for zoning map amendments received at their meeting the first Tuesday of February and set the schedule of hearings.

 

21.18.060             NOTICE OF HEARING ON PETITIONS FOR ZONING MAP AMENDMENTS. 

 

Written notice of an application for a petition for zoning map amendment under 21.18.040 shall be by:

 

A.         First class United States mail addressed to the applicants; all owners of the real property subject to the proposed amendment; and to all real property owners, as shown in the records of the Skamania County Assessor, located within one thousand (1000) feet from any boundary of the property subject to the proposed map amendment.  If the owner of the property for which the proposed map amendment is requested owns another parcel or parcels adjoining a parcel subject to the amendment, then notification also shall be mailed to owners of real property located within one thousand (1000) feet from any boundary of such adjoining parcels. Notification of the hearing schedule for all applications shall be mailed no later than the last business day of February.  Failure by any person listed above to receive such notice shall not invalidate any proceedings or decision in connection with the proposed map amendment.  Notices addressed to the last known owners of record as shown on the County Assessor records shall be deemed proper notice to the owner of such property; and,

 

B.         Publication in a newspaper of general circulation in the County shall consist of:

 

                        1.         a list of all applications received, and the hearing schedule to be published on the last date the newspaper is published in February, and

                        2.         a legal notice of the hearing to be published at least thirty (30) days prior to the public hearing date.

 

21.18.070          HEARING BY PLANNING COMMISSION ON PETITIONS FOR ZONING MAP AMENDMENTS. 

 

The Planning Commission hearing process on petitions for zoning map amendments under SCC 21.18.040 shall be as follows:

 

A.         The Planning Commission shall hold at least one (1) public hearing on all proposed petitions for zoning map amendments.  At the conclusion of such hearing or hearings, the Planning Commission shall consider all testimony and documents presented and shall determine whether, based on the criteria set forth in SCC 21.18.070(b), it believes the proposed petition for zoning map amendment should be approved for recommendation to the Board of County Commissioners for adoption, or denied by the Board of County Commissioners.  A recommendation for approval or for denial of the petition for zoning map amendment requires the affirmative vote of not less than a majority of the total members of the Planning Commission, after a motion is made and seconded from the Planning Commission.  Failure to obtain said majority vote in support of or opposed to the petition for zoning map amendment results in no recommendation being issued on the proposed amendment.  The Planning Commission’s recommendation shall be forwarded to the Board of County Commissioners and supported by appropriate findings of fact based exclusively on the evidence presented.  If no recommendation can be made, the same shall be stated in writing, and forwarded to the Board of County Commissioners.

 

B.         The Planning Commission may recommend approval of the proposed petition for zoning map amendment if the zoning map amendment: (1) bears a substantial relationship to the public health, safety, and/or welfare (is the amendment consistent with the comprehensive plan); (2) is contiguous to the requested designation by at least 100 feet, therefore not being a grant of special privilege; and (3) circumstances have substantially changed in the area since the adoption of the existing zoning designation.  A substantial change in circumstances means a significant change in conditions affecting the area where the requested petition for zoning map amendment is located.  Examples include, but are not limited to, substantial in-fill affecting the rural character of a community.  Please Note:  The creation of the National Scenic Area and any zone changes or existing zone districts within adjacent Counties will not be considered to be a substantial change in circumstance.

 

C.         In the case where a petition for zoning map amendment requires an amendment to the comprehensive plan in order to assure consistency between SCC Title 21- ZONING and the comprehensive plan, the review processes for the petition for zoning map amendment and the comprehensive plan amendment may proceed concurrently by holding the hearings for each amendment at the same meetings.

 

21.18.080          REFERRAL OF THE PLANNING COMMISSION’S RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. 

 

A.         The Planning Commission’s findings and recommendation of approval, denial, or lack of recommendation for a proposed petition for zoning map amendment shall be forwarded to the Board of County Commissioners for action within fourteen (14) calendar days of the written adoption of the Planning Commission's findings of fact and recommendation.

                       

                        B.         Upon receipt of the Planning Commission’s recommendation or notice of a lack of recommendation regarding a proposed petition for zoning map amendment, the Board of County Commissioners shall set the date(s) and time(s) for its consideration of the petition.  The Board of County Commissioners shall schedule a public meeting on the petition not more than sixty (60) days from the date of the Planning Commission’s written recommendation or written notice of its failure to reach a recommendation. The Board of County Commissioners may adopt, modify, or reject the recommendation of the Planning Commission based on the criteria set forth in SCC 21.18.070(b). If the Planning Commission makes no recommendation, the Board of County Commissioners will make its decision based on the record of the Planning Commission’s Hearing and the criteria set forth in SCC 21.18.070(b).

 

BE IT FINALLY ORDAINED that this ordinance shall become effective upon adoption by the County Commissioners of Skamania County.

 

REVIEWED this 3rd day of March 2003 and set for public hearing on the 17th day of March 2003 at 7:00 p.m.

 

ORDINANCE NO. 2002-21 IS HEREBY PASSED INTO LAW this 17th day of March 2003.

 

 

BOARD OF COUNTY COMMISSIONERS

Skamania County, WASHINGTON