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Rezones
COMPREHENSIVE PLAN AND ZONING AMENDMENTS
This document describes the process for changing the land use designation of property and the regulations involved.
Revised January 24, 2002
What is a rezone?
Rezones are amendments to the Clallam County Zoning map (Chapter 33) and Clallam County Comprehensive Plan map (Chapter 31). These involve the changing of a parcel, or parcels, of land from one land use classification to another land use classification. (EXAMPLE: A change from Rural Low (R5) to Rural (R1)). Proposed amendments can also consist of changes to the Zoning Code or Comprehensive Plan text (Example: adding a new allowable use in a zoning designation).
Types of Amendments
There are three (3) types of amendments that shall be made by the Administrator.
Type A
- Does not require annual docketing
- Correct obvious map errors
- Correct minor boundary changes to match property lines
- Are consistent with all Comprehensive Plan Policies
- Environmental impacts have been evaluated
Time Lines
- Applications can be submitted year round
- Administrator schedules for Public Hearing quarterly, EXCEPT for an emergency as determined by the Board of Commissioners and shall be processed as directed by the Board
- Must be completed by Planning Commission within 90-days
- The Board must process applications 60-days from time received from the Planning Commission
Type B
- Like Type A, but in accordance with C.C.C. 33.35.020
- Minor text changes to clarify the zoning code text
Time Lines
Type C
- Are not type A or B
- Major text changes
- Add or delete uses in zoning districts
- Changes to zoning map designation and/or classification
- Map changes must meet minimum zone size
Time Lines
- Must be filed by September 30th
- Processed once a year
- Report done by Planning Director to the Planning Commission in January
- Within 9 months Planning Commission reviews applications and makes recommendations to the Board of Commissioners
- Board of Commissioners has 90 days to process applications from time received from the Planning Commission
Planning Commission must include findings of fact and conclusions of law for its recommendation to approve or deny an application
When is it appropriate to request a rezone?
A rezone is requested when a landowner, or a group of landowners, desire to change the allowable uses in an area, or to change the residential density from what the current zoning designation allows. A rezone which provides for more intensive uses in an area is referred to as an "upzone," while a rezone to less intensive uses is termed a "downzone."
Who can apply for a rezone?
The Clallam County Zoning Code requires at least one owner of the property in a rezone area to submit the application for a map amendment. Any person can submit an application for a text amendment. You do not have to own all of the property in the rezone area to submit an application. However, an application must be signed by a majority of the property owners of the area to be rezoned. Rezones may also be initiated by adoption of a motion by the Planning Commission or by the Board of County Commissioners.
When can rezone applications be submitted?
Applications can be filed at any time during the year; however, Type C amendments can be considered no more frequently than once every year so that the Planning Commission may consider them concurrently in order to determine the cumulative effect of the proposals. The County may adopt amendments or revisions to the Zoning Code or Comprehensive Plans at any time when an emergency exists.
Is there a minimum parcel size required for a rezone?
No...existing Clallam County land use regulations do not require a minimum area in order for a rezone application to be filed. However, Clallam County Comprehensive Plan policies advise against "spot zoning."
What is involved in filing for a rezone, and how does the process work?
Pre-Application conference
A Pre-Application conference is required prior to submittal of a rezone request to ensure timely review, requests for pre-application conferences should be filed by August of any given year. This meeting with county staff can provide information as to the particular policies in the adopted plans that would be taken into consideration when reviewing your request. Sometimes, it is discovered through this process that there are policies that oppose, or restrict your proposal. You would then need to determine if you want to proceed with the map change request, modify you request, or withdraw your application.
Application
A rezone requires the submittal of a complete application to the Department of Community Development’s Planning Division. A complete application consists of the rezone application, appropriate maps of the area, an environmental checklist, an environmental assessment if critical areas are located on the subject property, and a list of the names and addresses of nearby neighbors. Postage must also be provided. A list of this required information is provided with the application forms. Following receipt of an application, the rezone undergoes SEPA review (see Development Assistance Brochure #49).
Hearings
Rezone hearings are conducted annually before the County’s Planning Commission, which makes recommendations to the Board of County Commissioners. The Board is notified of the Commissions recommendations and conducts a hearing at its next regularly scheduled meeting. Decisions which constitute approval of a rezone are incorporated into an ordinance adopting the recommendations of the Planning Commission. When the Board denies a request, the adoption of a motion of denial constitutes final action.
What are the fees for a rezone?
Rezone fees are based upon the size of the property. The fees for a rezone are defined in the Clallam County Fee Ordinance, Chapter 3.30 and a list of the fees is available at the Department of Community Development.
The pre-application meeting fee will be applied to any subsequent rezone application.
What determines if a rezone will, or will not, be approved?
In reviewing applications, planning staff considers many factors. However the Planning Commission and Board of County Commissioners must make specific findings in approving any request. These criteria are listed in section 33.35.090 of the Zoning Code and section 31.07.370 of the Comprehensive Plan, as follows:
- Is the request consistent with the County Comprehensive Plan (Title 31)?
- Is the request consistent with the spirit and intent of the Zoning Code (Title 33)?
- Are the public health, safety and welfare maintained?
- Is the request consistent with all other County road and utility plans and policies adopted by the County?
- Has there been a change in circumstances from the time the property was originally zoned which warrants consideration of a different zoning district?
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