Chapter 17.36
AMENDMENTS

Sections:

17.36.010    General UDC text amendments.

17.36.010 General UDC text amendments.

A.    The city council may make non-site-specific amendments to the text of the UDC whenever public necessity, convenience, or general welfare requires such action and the proposed amendment is consistent with the city of Elma comprehensive land use plan as required by RCW 35A.63.105.

B.    Amendments to the text of the UDC may be initiated by:

1.    One or more owners of property within the corporate boundaries of the city of Elma;

2.    A motion of the city council requesting the planning commission to set the matter for hearing; or

3.    A motion of the planning commission.

C.    If an amendment is initiated in any of the ways set forth in subsection B of this section, the council shall assign the matter to either the planning commission or the planning agency to undertake review and submit recommendations.

If assigned to the planning commission, the planning commission at their next public meeting shall set a date for an open record public hearing or, if assigned to the planning agency, the examiner shall set a date for such a hearing to review the application to amend the text of the UDC. The hearing date shall be not less than fifteen or more than forty-five days after receipt of an application or motion for amendment by the council unless some other time schedule is mandated by applicable law, rule, or ordinance; in which case, that schedule shall be followed. The planning commission or the planning agency, as the case may be, shall forward a record of the public testimony and a recommendation for approval or denial of the application to the city council within fifteen days of the public hearing.

D.    The city council shall set a date for a public meeting to review the planning commission recommendation to amend the text of the UDC not less than fifteen or more than thirty days after receipt of the recommendation, such receipt being deemed to occur at its first regular meeting following tendering of it by the issuer. Unless otherwise required by law or decided by the council, the meeting before the council shall be in the nature of a closed record hearing. The city council shall prepare written findings of fact and conclusions to approve, disapprove, or refer the application back to the planning commission.

E.    The decision of the city council shall be final and conclusive (1) within ten days of the issuance of the council’s written decision unless appealed to superior court, or (2) if the matter is subject to the provisions of Chapter 36.70C RCW, the Land Use Petition Act, if timely review is not perfected by the necessary filings and service within the time limits set by that Act. (Ord. 1120 §3, 2013: Ord. 1047 §§2(part), 3(part), 2004).