Chapter 18.12
ADMINISTRATION AND ENFORCEMENT
Sections:
18.12.010 Zoning Administrator.
18.12.020 Zoning Administrator – Authority.
18.12.030 Planning Commission.
18.12.040 Planning Commission – Authority.
18.12.060 Hearings Examiner – Authority.
18.12.070 Building permits required.
18.12.080 Building permit procedures.
18.12.090 Building permits – Expiration.
18.12.100 Certificates of occupancy required.
18.12.110 Temporary certificates of occupancy authorized.
18.12.120 Conditional use permit required.
18.12.130 Conditional use permit procedures.
18.12.140 Home occupation permits required.
18.12.150 Home occupation – Approval by administrative review.
18.12.160 Expiration of conditional use permits.
18.12.170 Variances.
18.12.180 Variance procedures.
18.12.190 Variance permits – Expiration.
18.12.200 Appeals from Zoning Administrator decisions.
18.12.210 Effect of Hearings Examiner interpretations.
18.12.220 Time periods.
18.12.230 Applicants’ duties.
18.12.240 Limitations on resubmission of applications.
18.12.250 Schedule of application fees.
18.12.260 Zoning amendments generally.
18.12.270 Zoning amendment procedures.
18.12.275 Determination of consistency.
18.12.280 Comprehensive Plan amendment.
18.12.290 Violation – Penalty.
18.12.300 Violation – Penalty – Persons subject to prosecution.
18.12.310 Violation – Penalty – Equitable actions authorized.
18.12.010 Zoning Administrator.
The office of City Zoning Administrator as defined by this title is established and granted that authority expressed and necessarily implied by the provisions of this title. (Ord. 1400 § 2, 2006)
18.12.020 Zoning Administrator – Authority.
A. Except where specifically provided otherwise by this title, the Zoning Administrator is vested with the authority to administer the provisions of this title and implement procedures and require forms necessary to exercise this authority.
B. Except where specifically provided otherwise by this title, the Zoning Administrator is vested with authority to interpret those provisions of this title in accordance with FMC 14.05.020.
C. The Zoning Administrator is authorized in enforcement of the provisions of this title to investigate written complaints of alleged violations, make periodic inspections for violation, order discontinuance of illegal use of land and/or structures, order discontinuance of illegal work being done; order removal of illegal additions, changes or structural alterations; or take other action authorized by this title. It is unlawful to violate the terms of such order. If the Zoning Administrator does not obtain compliance with the provisions of this title, violations should be referred to the City Administrator for appropriate action. (Ord. 1400 § 2, 2006)
18.12.030 Planning Commission.
The City Planning Commission is established and granted that authority expressed and necessarily implied by the provisions of this title. The Planning Commission shall consist of seven members appointed by the Mayor and approved by the City Council for four-year terms. Members may be removed by the Mayor with approval by the City Council upon finding of circumstances preventing or interfering with their attendance at meetings or full performance of Planning Commission functions. Vacancies shall be filled for unexpired terms in the same manner as appointments are made. (Ord. 1400 § 2, 2006)
18.12.040 Planning Commission – Authority.
A. The Planning Commission is vested with the authority to conduct research, undertake studies, find facts, submit reports and recommendations, and perform other planning functions requested by the City Council.
B. The Planning Commission may, within amounts appropriated to it by the City Council, employ such employees and expert consultants as are deemed necessary for its functions.
C. The Planning Commission shall perform such functions as are assigned by this title, other ordinances of the City, and laws of the state.
D. The Planning Commission shall elect its own chairman and create and fill such other offices as it may determine it requires.
E. The Planning Commission may hold at least one regular meeting in each month when there is business to transact and shall adopt rules for transaction of its business.
F. The Planning Commission shall keep a public record of its meetings, resolutions, findings and determinations.
G. The Planning Commission shall cause to be made a verbatim record of its proceedings either by tape recording or other means to be kept available for transcription in the event of a subsequent appeal of final decisions by the City that were based on the official record, or portion of the official record, established at the Planning Commission hearing.
H. Applications for Planning Commission action shall be filed in accordance with the process and requirements set forth in FMC 14.09.070. (Ord. 1400 § 2, 2006)
18.12.060 Hearings Examiner – Authority.
A. With regard to this title, the Hearings Examiner is vested with the authority to hear and decide:
1. Variances from the terms of this title;
2. Conditional use permit applications;
3. Appeals of administrative decisions by the Zoning Administrator;
4. Such other quasi-judicial and administrative determinations as may be provided for by this title.
B. The Hearings Examiner is vested with the authority to hear and make recommendations to the City Council, who shall take final action, regarding:
1. Planned unit developments.
C. Applications for Hearings Examiner action shall be filed in accordance with the process and requirements set forth in FMC 14.09.040 or 14.09.050. (Ord. 1400 § 2, 2006)
18.12.070 Building permits required.
It is unlawful to erect, move, add to or structurally alter a building or other structure without a permit therefor. No building permit shall be issued except in conformity with the provisions of this title. (Ord. 1400 § 2, 2006)
18.12.080 Building permit procedures.
All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, in accordance with the provisions of the latest edition of the International Building Code. The application shall show the actual dimensions and shape of the lot to be built on, the exact sizes and locations of the lot and buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title. One copy of the plans shall be returned to the applicant by the Building Official after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Building Official. (Ord. 1400 § 2, 2006)
18.12.090 Building permits – Expiration.
A. If the work described in any building permit has not commenced within 180 days from the date of issuance thereof, said permit shall expire and be null and void.
B. If the work described in any building permit has commenced but there has been no construction activity for a period of 180 days, as evidenced by a failure to call for necessary inspections, said permit shall expire, and automatically become null and void.
C. The Building Official may send written notice of expiration to the persons affected together with notice that work as described in the expired permit shall not proceed unless and until a new building permit has been obtained. Such new permit may be based on the original application or on a new application. The new permit may include limitations on time allowed for substantial completion of the work, and provisions for a reasonable performance bond to ensure completion within the time limit set. (Ord. 1400 § 2, 2006)
18.12.100 Certificates of occupancy required.
It is unlawful to use or occupy, or permit the use or occupancy of, any building, premises or part thereof other than a single-family residence hereafter constructed, structurally altered or imposed with a new use until a certificate of occupancy shall have been issued certifying that the building or structure has been completed or the use has been imposed in conformance with this title. (Ord. 1400 § 2, 2006)
18.12.110 Temporary certificates of occupancy authorized.
The Building Official may issue a temporary certificate of occupancy in advance of completion of work described in plans and specifications and only upon posting a performance bond or money bond, and a commitment by the applicant to keep the premises in a safe condition for occupancy and the consent of the applicant therefor to comply with any conditions imposed. If the work has not been completed within six months in accordance with the conditions of the temporary certificate of occupancy, the bond shall be forfeited. The Building Official shall give written warning to the owner to correct the deficiencies in advance of the forfeiture. The bond shall be in a form acceptable to the City Attorney and represent the fair cost estimate of the incomplete work as determined by the Building Official. (Ord. 1400 § 2, 2006)
18.12.120 Conditional use permit required.
Except for uses that are otherwise authorized by the provisions of this title, it is unlawful to use or occupy or permit the use or occupancy of any property or portion thereof in any zone for other than its enumerated permitted principal and accessory uses, unless a conditional use permit has first been approved by the Hearings Examiner. (Ord. 1400 § 2, 2006)
18.12.130 Conditional use permit procedures.
Recognizing that there are certain uses enumerated conditional uses in the respective zones that may, or may not, be detrimental to the public health, safety, morals and general welfare depending upon the facts of each particular case, the Hearings Examiner shall hear and decide conditional use permit applications. Any person desiring to obtain a conditional use permit shall submit an application therefor, together with the required application fee, to the Zoning Administrator, to be processed as follows:
A. The Zoning Administrator shall process applications in conformance with FMC 14.09.040.
B. A public hearing will be scheduled and notification given in conformance with FMC 14.15.050.
C. The Hearings Examiner shall cause to be made a verbatim record of the hearing either by tape recording or other means.
D. The Hearings Examiner may at his discretion either:
1. Make his decision in writing within 10 calendar days; or
2. Continue the hearing on the application to a specified time, date and place on the condition that further information be provided by the applicant or other person, in which event no additional notice need be published.
E. The Hearings Examiner may grant a conditional use permit only if he finds that the applicant has demonstrated the following facts:
1. The use is an enumerated conditional use in the zone wherein the property is located.
2. The notice of public hearing has been duly published.
3. The use, with appropriate conditions imposed, will not have significant adverse effects on the environment or on other uses, or the use, with appropriate conditions imposed, will mitigate, to the greatest extent practicable, all significant adverse effects on the environment.
4. The use, with appropriate conditions imposed, will be compatible with the existing uses, designs and appearance of the properties in its vicinity.
5. The use, with appropriate conditions imposed, will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
F. If the Hearings Examiner finds that appropriate conditions have not been proposed by the applicant so as to permit the granting of the permit, he may either deny the permit or impose such conditions upon the use as he finds will permit the granting of the permit.
G. The Hearings Examiner shall evidence his decision reached at the hearing by:
1. Written findings of fact and conclusions or reasons based on the findings; and
2. If a permit is granted, the Hearings Examiner decision shall reflect any conditions imposed in addition to the specified regulations of this title, which decision shall be signed by the Hearings Examiner.
H. The Hearings Examiner’s decision shall be final on the twenty-second day following the issuance of the notice of decision unless appealed by a party of record within 21 days to the Whatcom County superior court in conformance with FMC 14.11.080. (Ord. 1400 § 2, 2006)
18.12.140 Home occupation permits required.
Home occupations shall be processed in the same fashion as conditional use permits. The following criteria shall be applied to review of home occupation permits:
A. No person other than members of the family residing on the premises is permitted to be engaged in such occupation;
B. The use of the dwelling unit for the home occupation is kept clearly accessory, incidental and subordinate to its use for residential purposes by its occupants;
C. Not more than 25 percent of the floor area of the dwelling unit is permitted to be used in the conduct of the home occupation;
D. No change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, is permitted except for one sign not exceeding two square feet in area which is nonilluminated and mounted flat against the wall of the principal building;
E. No retail sales in connection with such home occupation are permitted;
F. No traffic is permitted to be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood;
G. Any need for parking generated by the conduct of such home occupation is met off the street and other than in a required front yard;
H. No equipment or process is permitted to be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit if conducted in other than a single-family dwelling; and
I. No equipment or process is permitted to be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises. (Ord. 1400 § 2, 2006)
18.12.150 Home occupation – Approval by administrative review.
Certain home occupations which have no impact on the neighborhood may be approved by the Zoning Administrator provided the following criteria are met:
A. Compliance with all criteria set forth in FMC 18.12.140(A), (B), (C), (E), (H), and (I).
B. No traffic is to be generated to and from property other than that of residents of that property, as a result of the business.
C. There shall be no on-street parking of vehicles to be used in the business and identified as such.
D. No advertising is to be done on the residential premises, other than signs or logos that may be used on one vehicle used in the home occupation.
E. No storage of products, materials or equipment stored outside of any structure located on the premises.
F. No change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. (Ord. 1400 § 2, 2006)
18.12.160 Expiration of conditional use permits.
A. If establishment of the use authorized by a conditional use permit or home occupation permit has not commenced within five years from the date the grant of the permit became final, the permit shall expire and be null and void unless the Hearings Examiner grants an extension of not more than 12 months upon written request and evidence that the owner intends to activate the permit within that time period.
B. If a conditional use permit is granted by the Hearings Examiner for a use that does not involve the construction of a permanent structure, the conditional use permit shall be considered a temporary permit and shall expire five years from the date the grant of the permit becomes final, unless the Hearings Examiner grants an extension of an additional five-year period upon a written request and evidence that the owner intends to extend the operation authorized under the conditional use permit for the succeeding five-year period. Nothing in this section shall prohibit the Hearings Examiner from granting multiple extensions to a temporary conditional use permit; provided, that no single extension shall exceed five years in length. Further, nothing in this section shall limit the Hearings Examiner from granting a temporary permit for a time period of less than five years in length. (Ord. 1400 § 2, 2006)
18.12.170 Variances.
It is unlawful to fail to comply with all terms and requirements of this title except as permitted by variance granted by the Hearings Examiner. (Ord. 1400 § 2, 2006)
18.12.180 Variance procedures.
Recognizing that there will be special cases in which the spirit and intent of this title can be preserved by a limited relaxation of the literal enforcement of certain provisions of this title without having a detrimental effect upon the public health, safety, morals and general welfare depending upon the facts of each particular case, the Hearings Examiner shall hear and decide all such variance applications. Any person desiring to obtain a variance shall submit an application therefor, together with the application fee, to the Zoning Administrator to be processed as follows:
A. The Zoning Administrator shall process the variance application in conformance with FMC 14.09.040.
B. A public hearing will be scheduled and notification given in conformance with FMC 14.15.050.
C. The Hearings Examiner shall cause to be made a verbatim record of the hearing either by tape recording or other means.
D. The Hearings Examiner may grant a variance application only if it finds that the applicant has demonstrated the following facts:
1. The variance is consistent with the spirit and intent of this title;
2. The notice of public hearing has been duly published;
3. The variance, either as applied for or with appropriate conditions imposed, will not have significant adverse effects on the environment or on other uses, or the variance as applied for or with appropriate conditions imposed will mitigate to the greatest extent practicable all significant adverse effects on the environment;
4. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;
5. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;
6. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated;
7. Denial of the variance would result in unnecessary and undue hardship to the applicant; and
8. Such a variance would be properly granted to any applicant upon an identical showing of special circumstance relating to the subject property and the property or improvements in the vicinity in which the subject property is situated.
E. If the Hearings Examiner finds that one or more of the facts required by subsection (D) of this section have not been demonstrated by the applicant, it may either deny the variance application or impose such conditions upon the variance as it finds will permit the granting of the variance.
F. The Hearings Examiner shall evidence its decision reached at the hearing by:
1. Written findings of fact and conclusions or reasons based on the findings; and
2. If a variance permit is granted, the decision shall reflect any conditions imposed in addition to specific regulations of this title, which decision shall be signed by the Hearings Examiner.
G. The Hearings Examiner’s decision shall be final on the twenty-second day following the issuance of the notice of decision unless appealed within 21 days to the Whatcom County superior court in conformance with FMC 14.11.080. (Ord. 1400 § 2, 2006)
18.12.190 Variance permits – Expiration.
If establishment of the condition authorized by a variance permit has not commenced within 12 months from the date the grant of the permit became final, the permit shall expire and be null and void unless the Hearings Examiner grants an extension of not more than 12 months upon written request and evidence that the owner intends to activate the permit within that time period. (Ord. 1400 § 2, 2006)
18.12.200 Appeals from Zoning Administrator decisions.
Recognizing that there may be cases in which the spirit and intent of this title can be preserved by more than one interpretation of provisions of this title upon which reasonable minds could differ, the Hearings Examiner shall hear and decide all appeals from orders, recommendations, permits, decisions or determinations made by the Zoning Administrator in the administration and enforcement of the provisions of this title. Any person desiring to appeal from an order, recommendation, permit, decision or determination made by the Zoning Administrator shall submit an appeal application within 10 days of such order, recommendation, permit, decision or determination in conformance with FMC 14.11.070, together with the required application, to be processed as follows:
A. The appeal application shall be processed and a public hearing scheduled and noticed in conformance with FMC 14.15.050.
B. The Hearings Examiner shall cause to be made a verbatim record of this consideration of the appeal application either by tape recording or other means.
C. The Hearings Examiner may grant the interpretation appealed for only if it finds that the application has demonstrated the following facts:
1. The interpretation appealed for is a more reasonable interpretation of the wording and phraseology of the provisions of this title than the Zoning Administrator’s interpretation; and
2. The granting of the interpretation appealed for will not be materially detrimental to the public welfare or injurious to property in the City if uniformly applied in the future.
D. If the Hearings Examiner finds that one or more facts required by subsection (C) of this section have not been demonstrated by the applicant, it shall deny the appeal application.
E. The Hearings Examiner shall evidence its decision reached at the meeting by:
1. Written findings of fact and conclusions or reasons based on the findings; and
2. If an appeal application is granted, the Hearings Examiner’s decision shall include a written statement of the interpretation to be given the provision(s) of this title.
F. The Hearings Examiner’s decision shall be final on the twenty-second day following the issuance of the notice of decision unless appealed within 21 days to the Whatcom County superior court in conformance with FMC 14.11.080. (Ord. 1400 § 2, 2006)
18.12.210 Effect of Hearings Examiner interpretations.
Unless appealed to Whatcom County superior court, decisions of interpretation by the Hearings Examiner shall be and remain in full force and effect until and unless negated prospectively by amendment to this title by the City Council. (Ord. 1400 § 2, 2006)
18.12.220 Time periods.
In computing any period of time prescribed or allowed by this title, the day of the act or event from which the designated period of time begins to run shall not be included, the last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. (Ord. 1400 § 2, 2006)
18.12.230 Applicants’ duties.
Applicants for permits or other relief from the provisions of this title shall thoroughly familiarize themselves with the provisions of this title, and shall provide complete and accurate information relating to the provisions of this title. The Zoning Administrator, Hearings Examiner, Planning Commission, and the City Council may, but are not obligated to, make personal investigations or inspections relative to conformance by the applicant with the provisions of this title. (Ord. 1400 § 2, 2006)
18.12.240 Limitations on resubmission of applications.
An application for a permit authorized or required by this title which has been denied shall not be resubmitted for a period of 12 months from the date of such denial unless the applicant can demonstrate a material change since its denial in either applicable laws, circumstances bearing upon issuance of the permit or the permit application itself. (Ord. 1400 § 2, 2006)
18.12.250 Schedule of application fees.
There is established a schedule of fees for processing applications and other requests authorized by this title in addition to fees required by other ordinances of the City. The current Fee Code Summary shall be posted in City Hall and may be altered or amended by ordinance of the City Council. No application shall be processed unless or until such fees have been paid in full nor shall any action be taken on proceedings before the Zoning Administrator, Planning Commission, Hearings Examiner or City Council unless or until preliminary charges and fees have been paid in full. The fees herein represent a portion of their processing cost and may not be refunded merely because an application is denied. (Ord. 1400 § 2, 2006)
18.12.260 Zoning amendments generally.
Except as authorized by a variance of the provisions of this title or an interpretation under FMC 18.12.200 and 18.12.210, it is unlawful to deviate from the provisions of this title without therefor first being adopted a zoning map amendment (rezone) or text amendment authorizing same. (Ord. 1400 § 2, 2006)
18.12.270 Zoning amendment procedures.
Recognizing that there will be changes in conditions and policies within the City that will from time to time justify changes in the official zoning map of the City or in the text of this title, the City Council upon its own motion, or any person(s) submitting a rezone or text amendment application, together with the required application fee, to the Zoning Administrator, may initiate a rezone or text amendment consideration to be processed as follows:
A. Within 28 days of receipt of a complete application for a rezone or text amendment, the Planning Director shall review the same for consistency with the City’s Comprehensive Plan and shall provide a written determination of consistency or inconsistency. If found to be consistent, he/she shall place the rezone or text amendment upon the Planning Commission’s next available meeting agenda that will allow sufficient time for compliance with the notice provisions of subsection (B) of this section. If the application is found to be inconsistent, the application shall not be considered further until amendments to the Comprehensive Plan, in conformance with FMC 18.12.280, have been approved, which would allow a determination of consistency to be made.
B. A public hearing will be scheduled and notification given in conformance with FMC 14.15.050.
C. The Planning Commission shall cause to be made a verbatim record of the hearing either by tape recording or other means.
D. The Planning Commission may in its discretion either:
1. Make its recommendation at said hearing; or
2. Continue its hearing on the amendment to a specified time, date and place on the condition that further information be provided, in which event no additional notice need be published.
E. The Planning Commission shall make a recommendation to the City Council containing its findings as to whether the following facts have been demonstrated:
1. The notice of public hearing has been duly published.
2. The amendment(s) will not have significant adverse effects on the environment or on other uses, or the amendment(s) with appropriate modifications will mitigate to the greatest extent possible all significant adverse effects on the environment.
3. The amendment(s) will be necessary or appropriate to effectuate the goals and objectives of the Comprehensive Plan of the City.
4. The amendment(s) will not designate an area for a use which:
a. Differs completely from that of surrounding land; and
b. Is inconsistent with that of surrounding land; and
c. Is inconsistent with the Comprehensive Plan; and
d. Is of benefit to a particular interest only; and
e. Is not of benefit to the community as a whole.
5. The amendment(s) will not be materially detrimental to the public welfare.
F. The Planning Commission shall evidence its recommendation reached at the hearing by written findings of fact and conclusions or reasons based on the findings signed by the Planning Commission’s chairman as shown in Planning Commission minutes.
G. The Zoning Administrator shall place the rezone or text amendment application, together with the Planning Commission’s recommendation, upon the City Council’s next available meeting agenda.
H. The City Council, at a public meeting, shall make a decision on the application in accordance with the provisions of FMC 14.11.040.
I. The City Council shall evidence its decision reached at the meeting or hearing by:
1. Written findings of fact and conclusions or reasons based on the findings; and
2. If an amendment is adopted, an ordinance containing the amendment signed by the City Council.
J. The City Council’s decision shall be final on the twenty-second day following the issuance of a notice of decision unless appealed within 21 days to the Whatcom County superior court for review on those bases and in accordance with those procedures set forth in FMC 14.11.080 and Chapter 7.16 RCW. In such event, the verbatim record(s) for review shall be transcribed at appellant’s expense. (Ord. 1400 § 2, 2006)
18.12.275 Determination of consistency.
In making a determination as to whether a proposed rezone is consistent with the City’s Comprehensive Plan, the Planning Director shall consider the following:
A. The type of land use;
B. The level of development, such as units per acre or other measures of density;
C. Infrastructure, including public facilities and services needed to serve the development; and
D. The character of the development, such as development standards. (Ord. 1400 § 2, 2006)
18.12.280 Comprehensive Plan amendment.
A. It is the intent of the City that all rezones and amendments to the regulations contained in this title be consistent with and implement the Comprehensive Plan. Any proposed rezone or text amendment that is determined to be inconsistent with the Comprehensive Plan shall not be approved.
B. Amendments or revisions to the Comprehensive Plan shall be considered no more frequently than on an annual basis except as authorized by state law.
C. The notification process for considering amendments or revisions to the Comprehensive Plan shall be as follows:
1. On or before April 1st of each year the Planning Director shall publish notice in the City’s official newspaper indicating the availability of applications and that applications for amendments or revisions to the City’s Comprehensive Plan will be received by no later than May 1st.
2. All applications shall be submitted on such forms as provided by the City and incomplete applications will not be accepted.
3. Providing a complete application has been received, the Planning Director shall schedule a public hearing before the Planning Commission for the considerations of all such applications. Since all individual applications for Comprehensive Plan amendments must be considered as elements of a single Comprehensive Plan amendment, they must proceed through the review process together. Therefore, the first public hearing will be scheduled when all elements of the annual amendment are sufficiently complete to allow adequate review.
4. Notice of said hearing shall be given by at least two publications in the official newspaper, each of which shall not be more than 30 days and not less than 10 days prior to the hearing.
5. Notice of the hearing shall also be provided by mail to all persons from whom an application to amend or revise the Comprehensive Plan has been received and accepted prior to the deadline.
6. Notices shall specify the nature of proposed amendments, revisions or alternatives; shall describe the general effect on property; shall specify that written comments may be submitted prior to the hearing and the manner in which comments may be submitted.
7. As applicable, the notice requirements as specified in FMC 14.15.050 shall also apply.
D. At the hearing to consider amendments or revisions to the Comprehensive Plan, the Planning Commission shall consider each application, public testimony presented at the hearing, and any written comments submitted pursuant to subsection (C)(6) of this section.
E. The Planning Commission shall cause to be made a verbatim record of the hearing either by tape recording or other means.
F. The Planning Commission may in its discretion either:
1. Make its recommendation at said hearing; or
2. Continue its hearing on the amendment to a specified time, date and place on the condition that further information be provided, in which event no additional notice be published.
G. The Planning Commission shall forward its written recommendation, for each proposed amendment or revision considered at the hearing, to the City Council for final action.
H. Following receipt of the recommendations of the Planning Commission, the City Council shall schedule a public hearing, for which notice in conformance with FMC 14.15.050 shall be provided.
I. At the public hearing, the Council shall consider each recommendation of the Planning Commission, public testimony presented at the hearing and any written comments received prior to the hearing.
J. Following the hearing, the City Council shall order amendments or revisions to the Comprehensive Plan consistent with its decisions.
K. Appeals from the decision of the City Council shall be made in conformance with FMC 14.11.080. (Ord. 1400 § 2, 2006)
18.12.290 Violation – Penalty.
Any person, firm, corporation, association, other entity or agent thereof who violates the provisions of this title or fails to comply with any of the requirements of this title or of terms of any permits issued pursuant to this title shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the City Jail Facility for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense. (Ord. 1400 § 2, 2006)
18.12.300 Violation – Penalty – Persons subject to prosecution.
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor or agent who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in FMC 18.12.290. (Ord. 1400 § 2, 2006)
18.12.310 Violation – Penalty – Equitable actions authorized.
In addition to the criminal remedies prescribed by this title, the City may restrain, enjoin, prevent or remedy any violation of this title by an equitable and/or legal action filed in Whatcom County superior court. (Ord. 1400 § 2, 2006)