Chapter 18.68
AMENDMENTS
Sections:
18.68.010 Intent.
18.68.020 Initiation of amendments.
18.68.030 Public hearing process.
18.68.040 Public hearing notice requirements.
18.68.050 Amendments to rezone requests.
18.68.060 Contract rezones.
18.68.010 Intent.
The purpose of this chapter is to provide for a process to amend either the text or map of this title. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.020 Initiation of amendments.
A. Zoning Map.
1. One or more property owners of the parcel may submit an application requesting a reclassification of the parcel;
2. The city council, or planning and community development committee of the city council, upon its own motion may request the planning commission or hearing examiner to conduct a public hearing on the reclassification of a parcel or parcels of property;
3. The planning commission may upon its own motion call for a public hearing on the reclassification of a parcel or parcels of property.
B. Text.
1. The city council, or planning and community development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission;
2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: “Substantive” matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and “procedural” or “administrative” matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, “procedural” or “administrative” matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.)
18.68.030 Public hearing process.
A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no policies that relate to the rezone, or the policies are not complete, then a comprehensive plan amendment must be approved by the city council prior to the rezone being scheduled for a public hearing in front of the hearing examiner. The planning commission shall conduct a public hearing on the comprehensive plan amendment and make a recommendation to the city council.
2. Areawide Zoning and Rezoning, Initiated by the City. The planning commission shall conduct a public hearing and make a recommendation to the city council. If applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm any recommendation of the planning commission or hearing examiner with regard to amendments of the text or map of this title. (Ord. 6198 § 4, 2008; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.040 Public hearing notice requirements.
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City.
a. Hearing Examiner. Notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040.
2. Rezones, Including Areawide Zoning, Initiated by the City.
a. Planning Commission. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing. Additional mailing or posting of notices may, at the option of the planning commission, be required.
b. City Council. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing. Additional mailing or posting of the notices may, at the option of the city council, be required. (Ord. 6198 § 5, 2008; Ord. 6185 § 9, 2008; Ord. 5811 § 8, 2003; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.050 Amendments to rezone requests.
A requested rezone may be changed, conditioned or modified by the hearing examiner or city council when under their appropriate jurisdiction without requiring additional hearings, to those previously prescribed subject to the following:
A. The modification or change shall not result in a more intense zone than the one requested;
B. The area of the request shall not be enlarged, however, the area may be lessened. (4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.68.060 Contract rezones.
In order to mitigate any impacts that may result from a rezone the city may enter into a contract with the property owner. The contract shall outline the conditions of approval and the obligations of the property owner. The contract shall be binding upon the owner and his heirs, assigns and successors. The contract shall run with the land, be signed by the property owner(s) and be recorded with the appropriate King County office, for properties located in King County, or recorded at the appropriate Pierce County office for properties located in Pierce County. Any amendments to the contract shall be approved by the city council. (Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)