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)
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)
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)
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)
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)
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)
135.30 Moratoria and Interim Land Use Regulations
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.
(Ord. 4811 § 1, 2022; Ord. 4437 § 1, 2014; Ord. 4072 § 1, 2007; Ord. 3975 § 2, 2004)