16.16.070 Rezoning.
A rezoning is a change to zoning district boundaries, or the establishment, modification or repeal of a planned unit development overlay district, as shown on the official zoning map. Application must be made on a form supplied by the planner. Prior to submission of an application, the applicant is encouraged to contact the planner for the purpose of discussing the site, the proposed use and the approval procedure.
A. Initiation. A rezoning may be initiated by the developer, the planner, any member of the commission, a city council member, the mayor or by a petition bearing the signatures of the owners of at least 51 percent of the owners of property within the area proposed to be rezoned.
B. Restrictions. Rezoning of an area less than two acres shall not be considered unless the rezoning involves the contiguous expansion of an existing zone, or a planned unit development overlay district. Streets or other rights-of-way shall not be included in calculating the minimum area for a rezoning. The area to be rezoned shall be a logical, integrated area.
C. Procedure. The application, acceptance notice, review and decision procedures for a rezoning shall follow the procedures set forth for a conditional use in WMC 16.16.040. If the commission fails to act within 20 days of the close of the hearing the rezoning request shall be considered approved and shall be forwarded to the council.
D. Criteria. The commission shall make a recommendation to the council based on written findings that the appropriate following criteria have been addressed:
1. Due deference has been given to the neighborhood plan; or comments and recommendations from a neighborhood with an approved neighborhood plan;
2. The proposed rezoning substantially complies with WMC 16.16.050, and WMC 16.20.030 in the case of the establishment or modification of a PUD overlay district;
3. The proposed rezoning is in an area with adequate services, including as appropriate: roads, parking, sidewalks, water, sewer, gas, electricity, drainage, police and fire protection, or the developer has agreed to provide all the necessary improvements or services for the area;
4. The comments from reviewing parties (WMC 16.08.040) on the proposed rezoning have been adequately addressed;
5. There is a demonstrated need for additional land in the zoning district to accommodate uses allowed;
6. The resulting district or expanded district will be a logical, integrated area; and
7. The rezoning is in conformance with the city comprehensive plan.
E. Council. The council shall review and act on a rezoning by ordinance. In addition to any other notice required by law, notice of the public hearing on the ordinance shall be given as provided in WMC 16.16.040(A)(2). The council shall consider the application and commission recommendation at its next available meeting after receipt of the commission recommendation. Upon enactment of the ordinance, the planner shall cause the official zoning map to be changed accordingly. The council’s decision shall be final. (Ord. 09-13 § 5, 2009; prior code § 16.43.512)