Chapter 161 – PROCESS IVA

Sections:

161.05    User Guide

161.10    Suitability for Process IVA

161.15    Initiation of Proposals

161.20    Compliance with SEPA

161.35    Official File

161.40    Notice

161.45    Community Council Proceeding

161.55    Staff Report

161.60    Material to Be Considered

161.70    Public Comments

161.80    Planning and Building Director Action

161.85    Planning and Building Director Recommendation to City Council

161.90    Publication and Effect

161.95    Jurisdiction of the Houghton Community Council

161.05 User Guide

Certain proposals to amend this code will be reviewed and decided upon using Process IVA. This is an abbreviated process which will only be used if the proposal is suitable for Process IVA as specified in this chapter. If you wish to participate in a decision that will be made using this process, you should read this chapter.

(Ord. 4437 § 1, 2014)

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161.10 Suitability for Process IVA

1.    General – Process IVA is for:

a.    Minor Zoning Code amendments to promote clarity, eliminate redundancy, or to correct inconsistencies; or

b.    Minor Zoning Map amendments to correct grammatical, labeling, scrivener’s, or similar errors on the official Zoning Map.

(Ord. 4437 § 1, 2014)

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161.15 Initiation of Proposals

Process IVA is used to review and decide upon proposed minor Zoning Code amendments. It is an abbreviated process used for proposals which are not controversial and do not need extensive policy study. The Planning and Building Director periodically prepares a roster of amendments proposed for review under Process IVA and presents the roster to the City Council. The City Council, by motion, may approve the entire proposed Process IVA roster. Otherwise the City Council may ask for more discussion about the suitability of a subject for Process IVA or could remove a subject from the Process IVA roster.

(Ord. 4437 § 1, 2014)

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161.20 Compliance with SEPA

The State Environmental Policy Act (Chapter 43.21C RCW) applies to some of the decisions that will be made using this chapter. The Planning and Building Director shall evaluate each proposal and, where applicable, comply with SEPA and with State regulations and City ordinances issued under authority of SEPA.

(Ord. 4437 § 1, 2014)

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161.35 Official File

1.    Contents – The Planning Official shall compile an official file containing all information and materials relevant to the proposal and to the City’s consideration of the proposal.

2.    Availability – The official file is a public record. It is available for inspection and copying in the Planning and Building Department during regular business hours.

(Ord. 4491 § 3, 2015; Ord. 4437 § 1, 2014)

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161.40 Notice

1.    Contents – The Planning Official shall prepare a notice for the proposed amendments. This notice shall contain the following information:

a.    The citation of the provision that would be changed by the proposal along with a brief description of that provision.

b.    A statement of how the proposal would change the affected provision.

c.    A statement of what areas, zones, or locations will be directly affected or changed by the proposal.

d.    The comment deadline.

e.    A statement of the availability of the official file.

f.    A statement of the right of any person to submit written comments to the Planning and Building Director.

2.    Distribution – The Planning Official shall distribute this notice, or a summary thereof, at least 30 days before the Planning and Building Director’s consideration of the proposed amendments as follows:

a.    The notice will be published in the official newspaper of the City.

b.    The notice will be posted on each of the official notification boards of the City.

c.    The notice will be distributed to the Planning Commission and Houghton Community Council.

d.    The notice will be distributed to the neighborhood associations and Chamber of Commerce.

e.    The notice will be posted on the City’s website and the City will provide the public with a means to register to receive all such notices on a timely basis via email or equivalent means of electronic communication.

(Ord. 4450 § 1, 2014; Ord. 4437 § 1, 2014; Ord. 4193 § 1, 2009)

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161.45 Community Council Proceeding

1.    General – If the proposal is within the disapproval jurisdiction of the Houghton Community Council, the Community Council may consider the proposal at a meeting or hold a public hearing.

2.    Notice – If the Community Council holds a hearing, the Planning Official shall give public notice of that hearing as set forth in KZC 160.40.

3.    Recommendation – The Houghton Community Council may make a recommendation on the proposal. The Planning Official shall include the recommendation of the Houghton Community Council, if available, in the staff report to the Planning and Building Director before the Planning and Building Director makes a final recommendation to the City Council on the proposal.

(Ord. 4437 § 1, 2014)

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161.55 Staff Report

1.    General – The Planning Official shall prepare a staff report containing:

a.    An analysis of the proposal and a recommendation on the proposal;

b.    All public comments; and

c.    Any other information the Planning Official determines is necessary for consideration of the proposal.

2.    Distribution – The Planning Official shall distribute the staff report to the following persons:

a.    The Planning and Building Director, prior to his/her consideration.

b.    Any person requesting it.

c.    If applicable, to each member of the Houghton Community Council.

(Ord. 4437 § 1, 2014)

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161.60 Material to Be Considered

Review under Process IVA shall use the decisional criteria established in applicable provisions of this code, including Chapter 135 KZC. The City may not consider a specific proposed site plan or project in deciding whether or not an amendment should be approved through this process.

(Ord. 4437 § 1, 2014)

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161.70 Public Comments

Any interested person may participate by submitting written comments to the Planning and Building Director by delivering these comments to the Planning and Building Department.

(Ord. 4491 § 3, 2015; Ord. 4437 § 1, 2014)

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161.80 Planning and Building Director Action

1.    General – The Planning and Building Director shall consider the proposal in light of all of the information submitted to him/her. The Planning and Building Director may modify the proposal in any way.

2.    Modifications Requiring a New Comment Period – If the Planning and Building Director materially modifies the proposal, the Planning and Building Director shall give notice of a new comment period on the proposal as modified.

3.    Recommendation – If the Planning and Building Director determines that the proposal meets the applicable decisional criteria established in KZC 161.60, he/she may recommend that City Council give effect to the proposal by amending the appropriate text.

(Ord. 4437 § 1, 2014)

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161.85 Planning and Building Director Recommendation to City Council

1.    General – The Planning and Building Director may forward a proposed ordinance to Council which, if passed, would make the recommended amendment to this code. The proposed ordinance may be placed on the City Council consent calendar. The Planning Official shall prepare a Planning and Building Director report on the proposal, containing a copy of the proposal, along with any explanatory information, and the Planning and Building Director recommendation on the proposal.

2.    City Council Action – The City Council may pass the proposed ordinance and amend the Zoning Code by passage of the consent calendar. Alternatively, the City Council could carry the topic over as unfinished business or may instead decide to hold a public hearing on the proposed Zoning Code amendment. The City Council may adopt the proposed ordinance at any time subsequent to its receipt of the Planning and Building Director report on the proposed amendment. If the City Council wants to consider adoption of a materially modified ordinance, then the City Council shall first hold a public hearing on the proposal as modified, after notice as provided in this chapter.

(Ord. 4437 § 1, 2014)

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161.90 Publication and Effect

1.    Publication – If the City Council adopts an ordinance, the City Clerk shall post or publish the ordinance as required by law.

2.    Effect – Except as stated in KZC 161.95, the ordinance will be in effect on the date specified in the ordinance.

(Ord. 4437 § 1, 2014)

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161.95 Jurisdiction of the Houghton Community Council

1.    General – If the City Council approves an ordinance within the disapproval jurisdiction of the Houghton Community Council, that ordinance shall become effective within the Houghton Community 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 the ordinance within 60 days of final enactment by City Council. The vote to disapprove the ordinance must be approved by resolution by a majority of the entire membership of the Community Council.

(Ord. 4749 § 1, 2021; Ord. 4437 § 1, 2014; Ord. 4072 § 1, 2007; Ord. 3954 § 1, 2004)

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