CHAPTER 17

Chapter 17.37
Amendment Of Code

17.37.010 General

17.37.020 Purpose

17.37.030 Consistency with Comprehensive Plan

17.37.040 Petitions for Amendment

17.37.050 Process for Amendment

17.37.060 Amendments near Cities and Towns

17.37.070 Contract Zoning

17.37.080 Setting Hearings-Notice

17.37.090 Public Hearing

17.37.100 Records

17.37.010 General - Any provision of this code including the Official Zoning Map may be amended pursuant to RCW Chapter 36.70 by following the procedure of this section.

17.37.020 Purpose - The purpose of this section is to provide procedures whereby the objectives, goals and policies of the Comprehensive Plan may be furthered by change in the official controls provided by this code.

17.37.030 Consistency With Comprehensive Plan - No amendment to this code shall be adopted and no rezone granted which is inconsistent with the Comprehensive Plan.

17.37.040 Petitions for Amendments - An amendment to the text of this code or to the official Zoning Map may be initiated by: A. The Board of County Commissioners, B. The Okanogan County Planning Commission, C. or by petition by registered voters and/or landowners of Okanogan County.

17.37.050 Process For Amendment - Petitions for amendment shall be submitted to the Administrator who shall place the proposal on the agenda of the Planning Commission for hearing within 45 days of receipt. The Planning Commission shall consider whether to recommend to the Board of County Commissioners a change in the Zoning Code or Zoning Map. Petitions shall meet the following requirements:

A. Petitions To Amend The Official Zoning Map

1. Each petition shall include a vicinity map and legal description of the property to be considered and shall include a clear explanation of the requested amendment to the zoning map and the justification for said change.

2. Each signer of the petition shall give his or her name, printed and signed, address and acreage owned, if any. Also, the description of the property as shown on the assessment and tax roll of the county, showing the lot and block numbers, shall be provided;

3. A petition asking for a change from one zone to another shall be signed by the owner or owners of not less than sixty (60) percent of the acreage to beconsidered;

4. A petition may be withdrawn upon the written application of a majority of all the persons who signed the petition.

B. Petition To Amend The Zoning Code Text

1. Petition shall include an explanation of the requested amendment and the specific language requested.

2. Each signer shall give his or her name printed and signed; no minimum number of signatures is required.

17.37.060 Amendments Near Towns And Cities - When an amendment to this code has been initiated proposing the reclassification of land within one (1) mile of the limits of a town or city, the Planning Commission shall refer the proposal to the incorporated planning body for comment. The Planning Commission shall consider comments from the city or town planning body in its recommendation to the Board of County Commissioners, provided, that if the incorporated planning body fails to supply comments within a period of thirty (30) days from the time the referral was made, it may be assumed by the Planning Commission that such incorporated planning body intends to make no comment.

17.37.070 Contract Zoning - To the extent permitted by law, the county may enter into an agreement with the applicant for, or the beneficiary of, a proposed amendment action, executed concomitantly with and as consideration for approval of the amendment, for the purposes of mitigating public burdens caused by the proposed use and to maintain harmony of the proposed use with the Comprehensive Plan.

17.37.080 Setting Hearings - Notice - The date, time and place for any public hearing required by RCW Chapter 36.70 may be set at the discretion of the Administrator for proposals generated by the Planning Commission or upon receipt by the Administrator of a petition by private parties, or may be set by the Board of County Commissioners when the hearing is to be held before the Board.

Notice of the time, place and purpose of the hearing shall be given by one publication in the official newspaper of Okanogan County and in a newspaper of general circulation in the area where the real property subject to the rezone is located, at least (10) days before the hearing.

When the zoning amendment relates to the specific property or is otherwise quasi-judicial in nature, notice of the hearing shall be mailed by the Okanogan County Office of Planning & Development, at least fourteen(14) days prior to the date of the hearing, to the owner of all properties within three hundred (300) feet of the exterior boundaries of the proposed rezone, as such owners appear on the records of the Okanogan County Assessor.

When the zoning amendment relates to specific property or is otherwise quasi-judicial in nature, the applicant is responsible for posting conspicuous notice of the hearing readily visible from nearby roads in at least three (3) locations on and in the vicinity of the proposed rezone and at the nearest post office at least ten (10) days prior to the public hearing. The applicant shall submit an affidavit of the posting to the Okanogan County Office of Planning & Development prior to the public hearing.

Affidavit forms are available from the Okanogan County Office of Planning & Development and the completed affidavit shall be come part of the record.

The Office may required such alternative notification procedures as necessary to accomplish reasonable public notification in unusual circumstances.

All hearing notices shall include a description of the property to be rezoned and a description of any development proposed in conjunction with the rezone. The description may be in the form of either a vicinity location sketch, a written description, an address or other reasonable means, other than a legal description, shall include reference to Section, Township, and Range.

17.37.090 Public Hearing - The Planning Commission shall hold at least one public hearing on the proposed amendment of the zoning maps and/or code.

17.37.100 Records - The official records with respect to the adoption or amendment of official controls shall include evidence of notice, the electronic verbatim record of the public hearing reports and recommendations of the Planning Commission, any statements setting forth the facts considered. Findings of Fact, and analysis of findings considered to be controlling which were made or required by law, and the official control adopted.