Chapter 135 – AMENDMENTS TO THE TEXT OF THE ZONING CODE

Sections:

135.05    User Guide

135.10    Initiation of Proposals

135.15    Applicable Process

135.20    Threshold Determination for Community-Initiated Proposals Associated with Amendments to the Comprehensive Plan

135.23    Proposals Not Associated with Amendments to the Comprehensive Plan

135.25    Criteria for Amending the Text of the Zoning Code

135.30    Moratoria and Interim Land Use Regulations

135.35    Response to a Court or Growth Management Hearings Board Appeal or Decision

135.05 User Guide

This chapter establishes a mechanism for the City to amend the text of this code, the Zoning Code, to bring the development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City. If you are interested in proposing an amendment to this code, or if you want to participate in the decision on a proposed amendment, you should read this chapter.

(Ord. 4437 § 1, 2014; Ord. 3975 § 2, 2004)

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135.10 Initiation of Proposals

An amendment to the Zoning Code may be initiated by the City or requested by the public.

(Ord. 4437 § 1, 2014; Ord. 3975 § 2, 2004)

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135.15 Applicable Process

The City generally will use Process IV described in Chapter 160 KZC to review and decide upon a proposal to amend the text of this code. However, some minor Zoning Code amendments will be reviewed under an abbreviated process. The abbreviated Process IVA is described in Chapter 161 KZC. Process IVA is used for proposals which are not controversial and do not need extensive policy study.

A proposal to amend Chapters 83 and 141 KZC requires formal review and approval by the Washington State Department of Ecology as described in Chapter 160 KZC.

(Ord. 4437 § 1, 2014; Ord. 4303 § 1, 2011; Ord. 3975 § 2, 2004)

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135.20 Threshold Determination for Community-Initiated Proposals Associated with Amendments to the Comprehensive Plan

Community-initiated proposals to amend the Zoning Code associated with a proposal to amend the Comprehensive Plan must follow the 2-step review process described in KZC 140.20(1) and (2), and meet KZC 140.20(3)(a) concerning City resources.

(Ord. 4749 § 1, 2021; Ord. 4437 § 1, 2014; Ord. 3975 § 2, 2004)

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135.23 Proposals Not Associated with Amendments to the Comprehensive Plan

City or community-initiated proposals to amend the Zoning Code not associated with a proposal to amend the Comprehensive Plan shall be docketed by the Planning Official for possible future development regulation amendment. The Planning Official shall introduce all or a portion of docketed proposals to the Planning Commission.

(Ord. 4749 § 1, 2021; Ord. 4437 § 1, 2014)

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135.25 Criteria for Amending the Text of the Zoning Code

The City may amend the text of this code only if it finds that:

1.    The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and

2.    The proposed amendment bears a substantial relation to public health, safety, or welfare; and

3.    The proposed amendment is in the best interest of the residents of Kirkland; and

4.    When applicable, the proposed amendment is consistent with the Shoreline Management Act and the City’s adopted shoreline master program.

(Ord. 4437 § 1, 2014; Ord. 4303 § 1, 2011; Ord. 3975 § 2, 2004)

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135.30 Moratoria and Interim Land Use Regulations

1.    General – Nothing shall prevent the City Council from establishing or extending development moratoria or interim land use regulations in accordance with the procedures set forth in RCW 35A.63.220 and 36.70A.390, as those sections exist or may be hereafter amended or superseded.

2.    Disapproval Jurisdiction

If the City Council establishes or extends a moratorium or interim land use regulations within the disapproval jurisdiction of the Houghton Community Council, that City Council action shall become effective only upon:

a.    Approval by a majority of the entire membership of the Houghton Community Council. Such approval shall be by resolution; or

b.    Failure of the Houghton Community Council to disapprove it within 60 calendar days after City Council approves the resolution or ordinance establishing or extending the moratorium or interim land use regulations. The vote to disapprove the action must be approved by resolution by a majority of the entire membership of the Community Council.

(Ord. 4437 § 1, 2014; Ord. 4072 § 1, 2007; Ord. 3975 § 2, 2004)

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135.35 Response to a Court or Growth Management Hearings Board Appeal or Decision

The City may use the process described in KZC 135.30 to make an amendment to the Zoning Code in response to a court or Growth Management Hearings Board appeal or decision.

(Ord. 4437 § 1, 2014; Ord. 3975 § 2, 2004)

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