Chapter 20.18
TEXT AMENDMENTS
Sections:
20.18.040 PROCEDURAL TEXT AMENDMENTS.
20.18.060 AMENDMENTS TO THE SHORELINE MASTER PROGRAM.
20.18.010 APPLICABILITY.
From time to time a change in circumstance or conditions may warrant a change in the development regulations of this title, which are consistent with the Comprehensive Plan. Text amendments revise the text of this title and change specific standards, procedures, meanings or other provisions of the code. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.18.020 GENERAL PROVISIONS.
(a) Applicant. Any interested party may initiate a text amendment to any provision of BMC Title 20.
(b) Fee. An application fee, pursuant to the adopted fee schedules in Chapter 3.01 BMC, shall accompany an application for a text amendment. Amendments initiated by the City shall be exempt from the application fee.
(c) Notice. Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule:
(1) Ten (10) calendar days for the first Planning Commission public hearing;
(2) Five (5) calendar days for the first City Council public hearing;
(3) Subsequent hearing dates on the same proposal do not require additional publication of notice; and
(4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary.
(d) Approval Criteria. A text amendment may be approved if it is found that:
(1) It is consistent with the goals and policies of the Comprehensive Plan; and
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
(e) Comprehensive Plan Consistency. If a Comprehensive Plan amendment is required in order to satisfy subsection (d)(1) of this section, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the text amendment. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.18.030 TEXT AMENDMENTS.
(a) Applicability. This section applies to amendments involving substantive changes such as those standards prescribed in BMC Title 20, Division III, Zoning, Chapter 20.14 BMC, Critical Areas, or Chapter 20.12 BMC, Land Division. (Note: A change to these chapters does not automatically constitute a substantive change.)
(b) Procedures. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission conducts public hearings and makes a recommendation to the City Council. The City Council, following its own public hearing(s), may approve, approve with modifications, deny or remand the Planning Commission’s recommendation for additional study. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.18.040 PROCEDURAL TEXT AMENDMENTS.
(a) Applicability. This section applies to amendments involving changes to procedural requirements such as those prescribed in Chapter 20.02 BMC, Project Permits, or Chapter 20.04 BMC, State Environmental Policy Act. (Note: A change to these chapters does not automatically constitute a procedural change.)
(b) Procedures. The Department shall make a recommendation to the City Council. The City Council, following its own public hearing, may approve, approve with modifications, or deny the Department’s recommendation.
(c) State Environmental Policy Act. Procedural amendments are exempt from environmental review (SEPA) pursuant to WAC 197-11-800(20). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.18.050 MINOR CORRECTIONS.
(a) Exempt. An amendment that does not result in any substantive change to the content or meaning of a regulation such as a correction to the punctuation or numbering sequence shall be exempt from notice and hearing requirements of this chapter.
(b) Procedures. The Department makes a recommendation to the City Council, who may approve, modify and approve, or deny the amendment. Amendments to make minor corrections are processed in accordance with the ordinance requirements set forth in the City Charter, Article III, Legislation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.18.060 AMENDMENTS TO THE SHORELINE MASTER PROGRAM.
(a) Applicability. This section applies to amendments to Chapter 20.16 BMC, Shoreline Development.
(b) Procedures. Review procedures are prescribed in Chapter 173-26 WAC and the Shoreline Master Program. A minimum of one public hearing shall be held prior to the City Council’s decision on the amendment. The City Council may approve, approve with modifications, or deny an amendment.
(c) Approval of Ecology. A City Council decision approving an amendment shall be transmitted to the Washington State Department of Ecology, who approves, recommends specific changes necessary to make the proposal consistent with Chapter 90.58 RCW policy and its applicable guidelines, or denies the amendment. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)