Chapter 18.30
AMENDMENTS TO THE ZONING CODE, MAP AND PLANNED UNIT DEVELOPMENTS

Sections

18.30.010    Title.

18.30.020    Application.

18.30.030    Purpose.

18.30.040    Authority.

18.30.050    Zoning code may be amended.

18.30.060    Initiation of amendment.

18.30.070    Public hearing required.

18.30.080    Criteria for a site-specific rezone.

18.30.090    Decision of City Council.

18.30.100    Textual changes to zoning code or area-wide rezones.

18.30.010 Title.

This chapter shall be entitled “Amendments to the Zoning Code, Map and Planned Unit Developments.” [Ord. 1591 § 95, 2014.]

18.30.020 Application.

This chapter shall apply to all amendments of the zoning code, zoning map or planned unit developments. [Ord. 1591 § 96, 2014.]

18.30.030 Purpose.

This chapter sets forth the basis of and the process by which the zoning code, zoning map and planned unit developments may be amended. [Ord. 1591 § 97, 2014.]

18.30.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws. [Ord. 1591 § 98, 2014.]

18.30.050 Zoning code may be amended.

Whenever public necessity, convenience, and general welfare require, the boundaries of the zones established on maps by this Title, the zone of property uses in this Title, or other provisions of this Title may be amended as follows:

(1) By the adoption of or the amendment of a zoning map or maps; or

(2) By adoption of a planned unit development; or

(3) By amending the text of the Title. [Ord. 1591 § 99, 2014.]

18.30.060 Initiation of amendment.

Amendment to this Title and the zoning map of the City are initiated as follows:

(1) Amendments to the zoning map of the City may be initiated by:

(a) The verified application of one or more owners of property which is proposed to be reclassified or rezoned;

(b) Adoption of a motion by the City Council directing the Planning, Building and Public Works Department to initiate the amendment;

(c) The Planning, Building and Public Works Department with the approval of the City Manager.

(2) In the case of textual changes to the zoning code, in the manner provided in DMMC 18.30.100. [Ord. 1591 § 100, 2014.]

18.30.070 Public hearing required.

The City Council shall hold one public hearing before taking action on any amendment to this Title, application for a planned unit development, and notice of the hearing shall be given as provided in chapter 18.20 DMMC. [Ord. 1591 § 101, 2014.]

18.30.080 Criteria for a site-specific rezone.

All site-specific zoning map amendment requests must meet all of the following criteria:

(1) The amendment meets the concurrency requirements set forth in chapter 36.70A RCW;

(2) The amendment is consistent with the Comprehensive Plan;

(3) The amendment bears a substantial relation to the public health, safety and welfare;

(4) The amendment is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property;

(5) The property in question is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same or higher zoning classification;

(6) The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

(7) The amendment has merit and value for the community as a whole. [Ord. 1591 § 102, 2014.]

18.30.090 Decision of City Council.

Enactment of a resolution or ordinance by the City Council approving a site-specific amendment to the zoning code or planned unit developments shall constitute final action. When the action of the City Council is to deny a request for a site-specific amendment to the zoning code or planned unit development, the adoption of the motion shall constitute final action. Written notice of the action shall be forwarded to the Planning, Building and Public Works Department to be attached to the permanent file of the case and the Planning, Building and Public Works Department shall notify the applicant of the final action of the City Council. [Ord. 1591 § 103, 2014.]

18.30.100 Textual changes to zoning code or area-wide rezones.

Amendments to this Title that constitute a textual change or an area-wide rezone are made in the following manner:

(1) As used in this section, unless the context or subject matter clearly requires otherwise, “textual change” means a change or amendment to this Title except:

(a) Amendments changing the zone of a particular parcel of property (commonly known as a rezone); or

(b) Actions relating to adoption or amendment to the Comprehensive Plan.

(2) No textual change is made without at least one public hearing before the City Council.

(3) The City Council shall set a date for the public hearing by motion. Notice of the public hearing shall generally conform with DMMC 17.45.070, Notice. Continued hearings may be held at the discretion of the City Council but no additional notice is required. [Ord. 1591 § 104, 2014.]