Chapter 17.115
AMENDMENTS AND CHANGES
Sections:
17.115.020 Initiation of amendment.
17.115.030 Referral to Forks planning commission.
17.115.040 Forks planning commission action.
17.115.010 Purpose.
Public necessity and general welfare determined through council motion, through public application, or through recommendation of the Forks planning commission or implementation of the Forks comprehensive plan may require the city council to amend or supplement the regulations or defined districts of this code. (Ord. 433 § 21.10, 1997)
17.115.020 Initiation of amendment.
(1) An amendment or supplement to the text or the zoning district boundaries of this title may be initiated by:
(a) A resolution of request by the city council/county commissioners;
(b) An official proposal by the Forks planning commission;
(c) An application to the city or county planning director listing the names, mailing addresses, and property description of the legal owners of property proposing amendments or supplements.
(2) Application shall be filed with the city clerk/treasurer and shall be accompanied by the fee indicated in Chapter 17.125 FMC which covers expenses incident to the investigation of such application and the cost of public notification.
(3) Amendments not involving zoning boundaries or zoning designations may occur at any time during the course of a calendar year; provided, that the procedures found elsewhere within this section are satisfied.
(4) Amendments proposing changes to zoning boundaries or designations shall be reviewed to determine whether or not the proposed amendment would result in an inconsistency with the land use element of the Forks urban growth area comprehensive plan. Compliance with the State Environmental Policy Act shall be required. Where a finding and a determination can be made by the Forks planning commission that no inconsistency would result from the proposed amendment, it shall be considered in the manner described in FMC 17.115.040(2).
(5) Amendments proposing zoning boundaries or designations found and determined in writing by the Forks planning commission to be such that they would be inconsistent with the comprehensive plan shall be considered in the manner described in FMC 17.115.040(1). However, upon such a finding and determination by the Forks planning commission, the city council may consider the amendment if the council finds and determines that the amendment is to address a critical community need. In such an action, the council shall hold a public hearing, provide the opportunity for the Forks planning commission to explain its decision, as well as provide an opportunity for the public to comment upon the proposed council action. (Ord. 445 § 1, 1998; Ord. 433 § 21.20, 1997)
17.115.030 Referral to Forks planning commission.
All proposed changes to the zoning code shall be referred to the Forks planning commission for its consideration. Changes to the zoning boundaries or designations, if different from the comprehensive plan, shall be considered at one time pursuant to the portions of this code. Grammatical changes may be done at any time. (Ord. 433 § 21.30, 1997)
17.115.040 Forks planning commission action.
(1) Proposed amendments to zoning boundaries or zoning designations that may be inconsistent with the comprehensive plan.
(a) The Forks planning commission shall at its first meeting in February hold a hearing on recommended amendments received prior to December 31st of each year.
(b) The city planner shall provide a written report to the Forks planning commission regarding the impact of all proposed changes upon critical areas, the FUGA comprehensive plan, and the State Environmental Policy Act.
(c) As a result of the hearing held by the Forks planning commission, that body may or may not recommend approval of such requested or proposed amendment or change. The findings and determinations of the Forks planning commission resulting from the hearing shall be made in writing and a copy shall be transmitted to the applicant and to the city council within 14 days of the date of such hearing.
(2) Proposed amendments that are either: (i) technical changes; (ii) clarifying amendments; (iii) changes to the land use matrix; and/or (iv) changes to zoning boundaries or zoning designations that are not inconsistent with the comprehensive plan.
(a) Changes of this nature shall be presented to the Forks planning commission for their consideration during a scheduled meeting. Recommendations shall be made and forwarded to the city council for action.
(b) The city planner shall provide a written report to the Forks planning commission regarding the impact, if any, of the proposed zoning boundaries and/or designation changes upon critical areas or the State Environmental Policy Act.
(c) Amendments recommending changes to zoning boundaries, zoning designations, and/or the land use matrix shall require a public hearing before the commission. (Ord. 445 §§ 2, 3, 1998; Ord. 433 § 21.40, 1997)
17.115.050 Council action.
Upon receipt of the recommendations of the Forks planning commission, the council shall instruct the city clerk/treasurer to set a date for a public hearing to hear public reactions to the commission’s recommendations on the proposed amendment or supplement. Such hearing shall be established according to the provisions outlined elsewhere within this code. Upon conclusion of the public hearing held by the city council, the council, within 45 days, shall either affirm, disapprove, or modify in whole or in part the recommendations made by the Forks planning commission. Such action shall be in writing, to include a reason/finding for the action taken by the council. (Ord. 433 § 21.50, 1997)