Chapter 16.08
LEGISLATIVE AND PLANNING ACTIONS
Subchapters
16.08.100 Comprehensive Plan and Development Regulation Amendments
16.08.200 Zoning Regulations and Zoning Map Changes
16.08.300 Planning Commission
Subchapter 116.08.100
Comprehensive Plan and Development Regulation Amendments
Sections:
16.08.130 Suggesting amendments.
16.08.140 Identified deficiencies.
16.08.150 Docketing suggested amendments.
16.08.160 Timing and order of consideration of suggested amendments.
16.08.170 Public participation.
16.08.180 Initiation of review of development regulations by director of public works.
16.08.110 Purpose.
The purpose of this chapter is to establish the type of action and procedures for suggesting amendments and encouraging public participation for comprehensive plan, subarea plans, and development regulation amendments. (Ord. 740 §1 (part), 1996).
16.08.120 Type of action.
A comprehensive plan, subarea plan, or development regulation amendment is a Type V (legislative) action and shall be considered in accordance with the procedures for such actions as set forth in this chapter. (Ord. 740 §1 (part), 1996).
16.08.130 Suggesting amendments.
Amendments to the comprehensive plan, a subarea plan, or development regulations may be suggested by any person, including but not limited to applicants, citizens, hearing examiners and staff of other agencies by providing the following written information on a form approved by the director to meet the docketing requirements of this chapter:
A. Name, address and telephone number of the person, business, agency or other organization suggesting the amendment;
B. Citation of the specific text, map or other illustration suggested to be amended;
C. The suggested amendment;
D. If a suggested amendment is to a plan or to both a plan and a development regulation, a statement of how the amendment (1) promotes the public health, safety and welfare; (2) is consistent with or in conflict with other portions of the comprehensive plan or subarea plan; and (3) complies with Chapter RCW 36.70A, also known as the Growth Management Act, and the Pomeroy County Countywide Planning Policies;
E. If a suggested amendment is only to the development regulations, a statement as to how the amendment complies with the comprehensive plan. (Ord. 740 §1 (part), 1996).
16.08.140 Identified deficiencies.
If during the review of any project permit application the city identifies any deficiencies in plans or development regulations, the identified deficiencies shall be docketed on a form as provided in PMC 16.08.030, for possible future plan or development regulation amendments. “Deficiency” as used herein means the absence of required or potentially desirable contents of a comprehensive plan, subarea plan, or development regulation. (Ord. 740 §1 (part), 1996).
16.08.150 Docketing suggested amendments.
The director shall compile and maintain for public review a list of suggested amendments and “identified deficiencies” to the comprehensive plan, subarea plans, and the city’s development regulations by appropriate classification and in the order which such suggested amendments were received. (Ord. 740 §1 (part), 1996).
16.08.160 Timing and order of consideration of suggested amendments.
A. Suggested amendments to the comprehensive plan, subarea plan or development regulations shall be considered at least once each calendar year, but the comprehensive plan shall be amended no more often than once each calendar year, except that amendments may be considered more frequently for the initial adoption of a subarea plan, the adoption of a shoreline master program, in cases of emergency, or to resolve an appeal of an adopted comprehensive plan filed with a Growth Management Board or with the court. The city council shall initiate consideration of suggested amendments by motion requesting the planning commission to prepare a recommendation.
B. Suggested amendments shall generally be considered by the planning commission in the order received, although suggestions which concern the same property, group of properties, subarea, or land use topic may be combined. All the recommendations of the planning commission shall be considered concurrently by the city council. The annual deadlines for submitting suggested plan amendments shall be October 31, and suggested development regulation amendments shall be April 30, unless otherwise stated by the city council.
C. The planning commission and city council shall endeavor to consider suggested plan amendments between January and June, and suggested development regulations between July and December of each year. Where amendments to both a plan and development regulations are suggested, or where an amendment to the comprehensive plan would be implemented by an amendment to the development regulations, such amendments may be considered concurrently. (Ord. 740 §1 (part), 1996).
16.08.170 Public participation.
The public may be made aware of the opportunity to suggest amendments and to comment on suggested amendments through methods including but not limited to direct mailings, newsletter and newspaper articles, legal advertisements, and notices posted in public places. (Ord. 740 §1 (part), 1996).
16.08.180 Initiation of review of development regulations by director of public works.
New development regulations or amendments to development regulations may be initiated at any time by a recommendation from the director of public works. Within thirty-five days from the council’s receipt of the department’s recommendation on one or more proposed development regulations or amendments, the city council shall, in a public meeting, consider the department recommendation on the proposed regulation(s) or amendment(s) and decide whether to initiate review of the proposed regulation(s) or amendment(s). If the council decides to initiate review of the proposed regulation(s) or amendment(s), it shall refer the same to the planning commission for review, consistent with the provisions of PMC 16.08.140 through 16.08.170. A decision by the council to initiate the regulation(s) or amendment(s) review process at this stage is procedural only and does not constitute a decision by the council as to whether the regulation or amendment will ultimately be approved.
Subchapter 116.08.200
Zoning Regulations and Zoning Map Changes
Sections:
16.08.210 Authorization to initiate amendments.
16.08.220 Public hearing on an amendment.
16.08.240 Action by city council final.
16.08.250 Appeal from ruling of the city council.
16.08.260 Record of amendments.
16.08.210 Authorization to initiate amendments.
An amendment to the text of this [zoning] title or to a zoning map may be initiated by the city council, by the planning commission, or by a property owner. A property owner may initiate a request for an amendment to this title by filing an application with the zoning official, using forms prescribed by PMC 17.10.120. (Ord. 747 §1 (part), 1997).
16.08.220 Public hearing on an amendment.
Before final action is taken on a proposed amendment, the planning commission shall hold a public hearing in accordance with the provisions of PMC 16.08.360. Within ninety days of the public hearing the planning commission shall make a recommendation to the city council to accept or deny the proposed amendment. (Ord. 747 §1 (part), 1997).
16.08.230 Amendment criteria.
The city may amend this [zoning] ordinance when it finds that any of the following applies:
A. Such amendment is consistent with the comprehensive plan and is not detrimental to the public welfare;
B. Change in economic, technological or environmental conditions has occurred to warrant modification of this ordinance;
C. It is found that an amendment is necessary to correct an error in this ordinance;
D. It is found that an amendment is necessary to clarify the meaning or intent of this ordinance;
E. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by this ordinance; or
F. Those amendments as deemed necessary by the city council to provide for the health, safety and general welfare. (Ord. 747 §1 (part), 1997).
16.08.240 Action by city council final.
The city council may, by ordinance, amend any portion of the text of this [zoning] title or amend the zoning map, subsequent to a public hearing by the planning commission. (Ord. 747 §1 (part), 1997).
16.08.250 Appeal from ruling of the city council.
An action or ruling by the city council pursuant to this ordinance may be appealed to the superior court within fifteen days after the council has made its decision. Written notice of appeal shall be filed with the superior court clerk. If the appeal is not filed with the superior court clerk within the fifteen day period, the decision of the city council is final. (Ord. 747 §1 (part), 1997).
16.08.260 Record of amendments.
The city clerk/treasurer shall maintain records of amendments to this title [zoning regulations and map] in a form convenient for use by the public. (Ord. 747 §1 (part), 1997).
Subchapter 116.08.300
Planning Commission
Sections:
16.08.310 Planning commission established – Membership.
16.08.315 Planning commission duties.
16.08.320 Vacancies on planning commission.
16.08.325 Attendance of planning commission.
16.08.330 Meetings, officers, records and quorum.
16.08.340 Expenditures – Budget.
16.08.345 Appeal from ruling of the city council.
16.08.350 Form of petitions, applications, and appeals.
16.08.360 Notice of public hearing.
16.08.310 Planning commission established – Membership.
Pursuant to the authority conferred by Chapter 35A.63 RCW, there is created a planning commission (herein after referred to as the “commission”) composed of five members, appointed by the mayor and confirmed by a majority of the city council, broadly representative of the community. The members shall be appointed to a term of six years or until their successors are appointed and confirmed. Members shall be selected without regard to political affiliation and serve without compensation. (Ord. 747 §1 (part), 1997).
16.08.315 Planning commission duties.
A. The commission shall perform the following duties:
1. Serve as an advisor to the city council in order to promote the orderly physical development and growth of the city;
2. Prepare a comprehensive plan for the orderly physical and social development of the city. The intent and purpose of the comprehensive plan shall include and be designed to:
a. Provide a quality environment for all residents of the community;
b. Encourage the most appropriate use of land throughout the community;
c. Lessen traffic congestion and accidents;
d. Secure safety from fire;
e. Provide adequate light and air;
f. Prevent overcrowding of land;
g. Avoid undue concentration of population;
h. Provide for the preservation of clean air, clean water, and natural, scenic, historic, and aesthetic qualities of the environment;
i. Promote coordinated development of undeveloped areas;
j. Encourage the formation of neighborhood and community units;
k. Secure an appropriate allotment of land area in new developments for all requirements of community life;
l. Conserve and restore natural beauty and other natural resources;
m. Facilitate the adequate provision of transportation; and
n. Establish and maintain an effective mechanism for citizen input to the decision process.
The comprehensive plan shall become the official plan of the city when approved by the city council and filed with the County Auditor. The commission may recommend to the city council the plan prepared as a whole, or may recommend parts of the plan by successive recommendations, the parts corresponding with geographic or political sections, divisions, or subdivisions of the city, or with functional subdivisions of the subject matter of the plan. The commission shall comply with requirements of notice and public hearing provided by law in initiating and recommending the whole or parts of the comprehensive plan;
3. Recommend, or prepare and recommend, for the adoption by the city council, regulations, amendments, extensions or additions to such regulations or plans for the physical development of the city in the interest of health, safety, morals or general welfare of the community, including, but not limited to, the following:
a. The use of buildings and land for residence, trade, industry and other purposes;
b. The height, the number of stories, size, construction, and design of buildings and other structures;
c. The size of the yards, courts, and other open spaces on the lot or tract;
d. The density of population;
e. The setback of buildings along property lines, highways, parks, or other public water frontages; and
f. The subdivision and development of land.
4. Review and make recommendations to the city council on plats, plans or subdivisions, or dedications of land situated within the boundaries of the city or proposed for annexation to the city, subject to approval by the city council; hold public hearings on proposed plats and subdivisions; establish, subject to approval by the city council, such regulation and standards as are necessary to constitute a guide in determining whether or not the proposed plat or subdivision is in harmony with the comprehensive plan;
5. Act as a research and fact-finding agency of the city. The commission shall cause to be made such surveys, analyses, studies and reports generally authorized or requested by the city council;
6. Perform advanced planning for public works programs and the long-range capital improvement plan;
7. Establish such other work project priorities as the city council may direct;
8. Review, discuss, and analyze such work products and projects as may be referred to the commission by the city council or staff;
9. Form, subject to advanced approval of the city council, ad hoc committees within as well as outside its membership, to study specific problems or projects which may arise from time to time;
B. The administrative staff of the city as assigned by the city administrator shall provide staff assistance and serve as liaison to the planning commission, and shall also serve to facilitate communication by the planning commission to the city council. (Ord. 747 §1 (part), 1997).
16.08.320 Vacancies on planning commission.
In the event a vacancy occurs in the membership of the planning commission, the mayor shall fill such vacancy by appointment for the balance of the term vacated, subject to the approval of the council. Members may be removed from the commission by the mayor, subject to the approval of the council. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.08.325 Attendance of planning commission.
The commission may, by a majority vote, recommend to the mayor removal of an appointed member upon such grounds as inefficiency, neglect of duty, or malfeasance in office. Unexcused absence by any commission member from four consecutive meetings shall constitute grounds for removal, and absences by any commission member from six convened meetings, excused or unexcused, occurring with a twelve-month period, shall likewise be grounds for removal. Workshops shall be excluded from the definition of meetings for the purposes of this section. (Ord. 776 §1, 2000; Ord. 747 §1 (part), 1997).
16.08.330 Meetings, officers, records and quorum.
The board and commission shall, at its first regular meeting of February of each year, elect its own chairperson and vice-chairperson and create and fill such other offices as it may determine it requires. The board or commission shall hold at least one regular meeting in each month of the year, unless canceled by the chairperson as a result of having no business to conduct or for other good cause. It shall adopt rules for transaction of business, and it shall keep a record of its meetings, resolutions, transactions, findings and determinations, which records shall be open to public inspection. A majority of the membership of the board and commission shall constitute a quorum for transaction of business. (Ord. 747 §1 (part), 1997).
16.08.335 Reports.
The board and commission, at or before its first regular meeting of February each year, shall make a full report in writing to the city council of its transactions during the preceding year, with general recommendations as it may deem proper. (Ord. 747 §1 (part), 1997).
16.08.340 Expenditures – Budget.
The expenditures of the board and commission, exclusive of gifts, shall be limited to appropriations made to the city planning office by the city council for the planning function of the city. The services and facilities of the city planning office shall be utilized by the board and commission in performing its duties, except as the services of outside consultants may be obtained for a temporary period of time when authorized by the city council. All programs requiring appropriations shall be submitted through the city planning office budget. (Ord. 747 §1 (part), 1997).
16.08.345 Appeal from ruling of the city council.
An action or ruling by the city council pursuant to this title may be appealed to superior court within fifteen days after the city council has made its decision. Written notice of the appeal shall be filed with the clerk of the superior court within fifteen days. If the appeal is not filed with the superior court clerk within the fifteen day period, the decision of the city council shall be final. (Ord. 776 §2, 2000; Ord. 747 §1 (part), 1997).
16.08.350 Form of petitions, applications, and appeals.
All petitions, applications, and appeals provided for in this title shall be made on forms prescribed by the city. (Ord. 747 §1 (part), 1997).
16.08.355 Filing fees.
The city council may require the payment of filing fees to cover the cost to the city of the administrative details of processing amendments to this title, conditional use applications and variance applications. (Ord. 747 §1 (part), 1997).
16.08.360 Notice of public hearing.
When the planning commission or the city council is required to hold a public hearing, notice of the hearing shall be given in the following manner:
A. Each notice of hearing on a conditional use shall be published once in the official newspaper of the city at least ten days prior to the date of hearing.
B. Each notice of hearing on an appeal authorized by this title, or on an application for variance shall be published in the official newspaper of the city ten days prior to the date of hearing. In addition, at least ten days prior to the date of the hearing, notice of the hearing shall be posted on the property for which the application is made.
C. Failure of a person to receive a notice prescribed in this section shall not impair the validity of the hearing.
D. A public hearing may be recessed in order to obtain additional information or to serve further notice upon property owners or persons who may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. (Ord. 776 §2, 2000; Ord. 747 §1 (part), 1997).