Chapter 18.114
REZONES

Sections:

18.114.010 Purpose.

18.114.020 Who may apply.

18.114.030 Application – Requirements.

18.114.040 Decision criteria.

18.114.050 Public hearing – Quasi-judicial.

18.114.060 Council action – Quasi-judicial.

18.114.070 Repealed.

18.114.080 Repealed.

18.114.090 Zoning map revisions – Recording – Revocation.

18.114.100 Concomitant rezones/contract rezone agreements.

18.114.110 Construction deadlines for contract rezone agreements.

18.114.010 Purpose.

This chapter establishes the process and criteria for changing the zoning classification of specific property from one zoning designation to another, or to change conditions imposed in a contract rezone agreement.

A property rezone may reflect changed circumstances or new land use needs and shall be consistent with the city’s current comprehensive plan. (Ord. 96-20 § 13, 1996; Ord. 92-08 § 2, 1992)

18.114.020 Who may apply.

Any owner or authorized agent, or group of owners of contiguous property acting jointly and representing at least 75 percent of the assessed valuation of the subject property, or their authorized agent, may apply for a rezone. (Ord. 96-20 § 14, 1996; Ord. 92-08 § 2, 1992)

18.114.030 Application – Requirements.

A. An application for a rezone may be filed only if the proposal is consistent with the Bainbridge Island Comprehensive Plan. If it is not consistent with the comprehensive plan, it shall be filed as a comprehensive plan amendment.

B. An application for a rezone shall be made on forms prescribed by the department and shall be accompanied by a filing fee as required by city resolution. The application shall contain the following:

1. A legal description of the property and tax lot number;

2. A vicinity map showing zoning designations on properties within 300 feet of subject parcel;

3. The names, addresses and telephone numbers of all property owners together with proof of ownership;

4. A detailed description of the proposed use for which the rezone is sought and how such action meets the decision criteria in this chapter;

5. A statement explaining how the subject property is suitable for the proposed rezone and why the rezone would not be detrimental to surrounding land uses. The statement should address topography, streets, adjacent land uses, and other pertinent factors that would justify the proposed rezone; and

6. Any other materials the department or the reviewing body determines are required to adequately describe the proposal.

C. The city may defer review of a rezone proposal if that area is scheduled for comprehensive plan review or review of the comprehensive plan is reasonably likely to occur within the following year. (Ord. 2003-44 § 4, 2004; Ord. 96-20 § 15, 1996; Ord. 92-08 § 2, 1992)

18.114.040 Decision criteria.

The city may defer review of a rezone proposal if that area is scheduled for comprehensive plan review or review of the comprehensive plan is reasonably likely to occur within the following year. The following criteria shall be considered in any review for a rezone in order to establish a recommendation to approve, disapprove or approve with conditions:

A. The rezone will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located;

B. The rezone is warranted because of changed circumstances and the proposed designation is appropriate for reasonable development of the subject property or because of a need for additional property in the proposed zone and the proposed designation is appropriate for reasonable development of the subject property;

C. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning designation;

D. The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

E. The property will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities for the intensity to which it is being rezoned;

F. The rezone is in accord with the comprehensive plan;

G. The rezone complies with all other applicable criteria and standards of the city;

H. The rezone would not devalue surrounding or nearby property; and

I. The rezone will not result in an adverse environmental consequence. (Ord. 92-08 § 2, 1992)

18.114.050 Public hearing – Quasi-judicial.

Within 30 days after receipt of a staff analysis and completed application for a site-specific rezone, the department shall forward its findings and recommendations to the hearing examiner, who shall conduct a public hearing in accordance with the hearings procedures set forth in BIMC 2.16.110, city council decision procedures. (Ord. 96-20 § 16, 1996; Ord. 92-08 § 2, 1992)

18.114.060 Council action – Quasi-judicial.

Within 30 days after receipt of the recommendation of the hearing examiner on a site-specific rezone, the council, in accordance with the procedures set forth in BIMC 2.16.110, shall, in a public meeting, make a decision on the rezone or remand the application to the hearing examiner. (Ord. 96-20 § 17, 1996; Ord. 92-08 § 2, 1992)

18.114.070 Public hearing – Legislative.

Repealed by Ord. 96-20. (Ord. 92-08 § 2, 1992)

18.114.080 Council action – Legislative.

Repealed by Ord. 96-20. (Ord. 92-08 § 2, 1992)

18.114.090 Zoning map revisions – Recording – Revocation.

A. If the council approves a rezone, the council shall adopt an ordinance that makes the appropriate changes on the official zoning map as required in Chapter 18.03 BIMC.

B. A rezone approval with any conditions shall be recorded with the Kitsap County auditor.

C. The council may revoke its earlier approval of a rezone only through the quasi-judicial advisory hearings process. (Ord. 92-08 § 2, 1992)

18.114.100 Concomitant rezones/contract rezone agreements.

Any applicant for a rezone of any property may be subject to the signing of a concomitant rezone agreement as a condition to the council’s granting the rezone when the council finds that such an agreement is necessary to protect the public health, safety or general community welfare. Whenever such a rezone contract is signed, it shall be recorded with the Kitsap County auditor and officially entered as a covenant upon the land. Any purchaser of such property is subject to the rezone agreement. The applicant may be required to pay the cost of the preparation of the agreement. (Ord. 92-08 § 2, 1992)

18.114.110 Construction deadlines for contract rezone agreements.

A. A time limit of 24 months is placed on all contract rezones granted as provided by this chapter. Upon the expiration of that time, if construction is not underway, the director shall institute proceedings to rezone the property to its prior classification; provided, however, that if the landowner within that period of 24 months demonstrates to the satisfaction of the director that he has in good faith attempted to begin construction as contemplated by the rezone, the director may defer instituting the proceedings for up to one year. If the latest rezone classification is found to be the most appropriate for the property, the director may elect not to institute the rezone proceedings. The time period prescribed in this section shall not commence until the completion of any court challenges to the rezone.

B. To proceed with development after the property has been returned to its prior classification or otherwise rezoned pursuant to this section is a violation of this title. (Ord. 92-08 § 2, 1992)