Chapter 16.38
LEGISLATIVE AMENDMENTS Revised 3/19

Sections:

16.38.000    Definition.

16.38.010    Initiation. Revised 3/19

16.38.020    Hearings required.

16.38.030    Planning commission review.

16.38.040    Hearing notice and procedures.

16.38.050    Criteria for legislative text amendments.

16.38.060    Recommendation.

16.38.070    Request for second hearing.

16.38.080    Board action.

16.38.090    Findings.

16.38.000 Definition.

Any amendment of this title which deletes, supplements, or changes the text hereof, or involves six or more lots in separate ownership, is a legislative amendment. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.00.]

16.38.010 Initiation. Revised 3/19

Legislative amendments may be initiated by the board or planning commission by resolution. An interested party may request that the planning commission or board initiate a legislative amendment. Legislative amendments shall only be initiated by the board or planning commission when the proposed change is in the public interest and will be of general public benefit. If the board initiates the amendments, the resolution shall prescribe whether the hearings officer, planning commission or board shall conduct the hearing. If the planning commission initiates the amendments, the resolution shall prescribe whether the hearings officer or planning commission shall conduct the hearing.

Whenever an amendment is initiated by the board the resolution may be referred to the director, planning commission or hearings officer for its recommendation without holding a hearing on the matter, unless directed by the board to hold a hearing. On these matters, the planning commission may choose to hold a hearing at its discretion.

In every case of a proposed amendment, the director shall fix a date for a public hearing before the board, planning commission or hearings officer and shall cause notice to be given as provided in this chapter. After the public hearing, the director, planning commission or hearings officer may refer its recommendations to the board. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.01.]

16.38.020 Hearings required.

Upon adoption of a resolution initiating a legislative amendment, the zoning administrator shall schedule a public hearing before the designated body and provide notice as required by law. The zoning administrator shall submit a report on the proposal at the hearing. Prior to approval of any amendment that deletes, supplements or changes the text of this title, the board shall hold a hearing in addition to any hearing held by the hearings officer or planning commission. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.02.]

16.38.030 Planning commission review.

Whenever a legislative amendment is initiated by the board, the resolution may be referred to the planning commission. If the planning commission is not designated to hold the required public hearing it may forward a recommendation or report of its deliberations to the hearing body before the close of the public hearing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.03.]

16.38.040 Hearing notice and procedures.

A. Except as provided in subsection (B) of this section, written notice shall be provided in accordance with the requirements of Chapter 16.44 MCC. Mailed notice shall not be required for subsequent hearings on the same proposal. Notice of the initial hearing shall be provided to the State Department of Land Conservation and Development, to the Chairman of the Area Advisory Committees, recognized neighborhood associations, and to any person who requests, in writing, notice of the initial hearing.

B. If more than 50 ownerships are involved, the zoning administrator may substitute posted and published notice for mailed notice. The notice shall be posted along the nearest public road at the boundaries of the affected area. The notice shall be visible from the public road, indicate “notice of public hearing on proposed land use change” and provide a phone number where information on the proposal can be obtained.

C. Notice of legislative text amendments shall be consistent with the requirement of Measure 56, if applicable.

D. Notice shall be published in a newspaper of general circulation in the affected area once at least 12 days prior to the date of the hearing. The notice shall provide information prescribed for mailed notice in Chapter 16.44 MCC.

E. A signed certification of notice describing the types of notice, the date notice was provided, a copy of any mailing list, and other information that demonstrates that the notification requirements have been met, shall be placed in the record of the initial hearing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.04.]

16.38.050 Criteria for legislative text amendments.

The criteria in MCC 16.39.050 shall be used to decide legislative zone changes. The following criteria shall be used to review and decide legislative amendments to the text of this title:

A. Compliance with the statewide land use goals and related administrative rules is demonstrated.

B. Conformance with the Comprehensive Plan goals, policies, and intent is demonstrated.

C. The proposed change is in the public interest and will be of general public benefit. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.05.]

16.38.060 Recommendation.

When the hearings officer or planning commission holds a hearing, the hearings officer or planning commission shall prepare a report setting forth findings of fact, conclusions and a recommendation. The written report shall be presented to the board, and mailed to those testifying at the hearing and those requesting notice. The hearings officer’s or planning commission’s recommendation shall be scheduled for consideration at a regular board meeting occurring more than 10 days after the date the board receives the recommendation. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.06.]

16.38.070 Request for second hearing.

A request that the board hold a hearing before taking action on the hearings officer’s or planning commission’s recommendation shall be submitted within 15 days of notice of recommendation. The request shall explain why the record established at the previous hearings is not an adequate basis for making the decision, or why the recommendation does not conform to the applicable criteria. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 38.07.]

16.38.080 Board action.

A. If the board accepts the recommendation of the hearings officer or planning commission, the board may indicate its acceptance and take the recommended action.

B. If the board is of the opinion that the case warrants further review, the matter shall be set for hearing before the board. The hearing shall be de novo. Notice of the hearing shall be provided as prescribed in MCC 16.38.040. The board, following its hearing, shall issue a decision.

C. The board decision shall be final subject to such appeals as are provided in state law. A decision to deny shall be made by order. A decision to approve shall be made by ordinance. Notice of the decision shall be mailed to those appearing at the hearing and those who request notice prior to the close of the final hearing. Notice shall also be sent to the Department of Land Conservation and Development as required by law. [Ord. 863 § 5, 1990. UZ Ord. § 38.08.]

16.38.090 Findings.

Approval of a zoning ordinance legislative amendment shall include findings showing that the amendment meets the applicable criteria. [Ord. 863 § 5, 1990. UZ Ord. § 38.09.]