Chapter 20.06
CODE AMENDMENTS
Sections:
20.06.020 Suggesting amendments.
20.06.025 Legislative zoning map amendments.
20.06.030 Docketing suggested amendments.
20.06.040 Timing and process for consideration.
20.06.005 Purpose.
From time to time a change in circumstance or conditions may warrant a change in the land use and development regulations of this title, which are consistent with the city’s comprehensive plan. The purpose of this chapter is to establish the procedures for suggesting changes, public participation, and implementing code amendments to revise the text of this title and change specific standards, procedures, meanings, or other provisions of the land use and development regulatory code. (Ord. 019-17 § 18 (Exh. 1)).
20.06.010 Decision type.
A code amendment under this chapter is a Type V (legislative) action and shall be considered in accordance with the procedures for such actions as set forth in Subtitle II of this title and this chapter. (Ord. 019-17 § 18 (Exh. 1)).
20.06.020 Suggesting amendments.
Amendments to the city’s land use and development regulations are governed by Chapter 36.70A RCW, also known as the Growth Management Act, and may be suggested by any person, including applicants, citizens, hearing examiners, and staff of other agencies by providing the following written information on a form approved by the director to meet the docketing requirements of this chapter:
(1) Name, address, and telephone number of the person, business, agency, or other organization suggesting the amendment;
(2) Citation of the specific text or provision(s) suggested to be amended;
(3) The suggested amendment;
(4) If a suggested amendment is only to the land use and development regulations, a statement as to how the amendment complies with the comprehensive plan;
(5) If a suggested amendment is to a plan or to both a plan and a development regulation, a statement of how the amendment:
(a) Promotes the public health, safety, and welfare;
(b) Is consistent with or in conflict with other portions of the comprehensive plan or subarea plan, which portions shall be cited by goal, policy, and/or action reference number, and by page number;
(c) Complies with the applicable Kitsap County county-wide planning policies; and
(6) All applicable fees.
(7) If during the review of any project permit application the city identifies any deficiencies in plans or land use and development regulations, the identified deficiencies shall be docketed on a form as established by the director for possible future plan or development regulation amendments. “Deficiency” as used herein means the absence of required or potentially desirable contents of a comprehensive plan, subarea plan, or land use and development regulation. Suggested amendments to correct such deficiencies shall be docketed and considered on at least an annual basis. (Ord. 019-17 § 18 (Exh. 1)).
20.06.025 Legislative zoning map amendments.
For the purposes of this title, the city’s zoning map shall be considered a development regulation. However, individual parcels or small groups of parcels shall not be rezoned through the process described in this chapter, except in cases where a mapping error has occurred. Instead, the site-specific rezone process described in Chapter 20.42 POMC shall be used for these proposals. Changes to the zoning map affecting large areas of the city may be initiated through the process in this chapter; provided, that such changes are found to be consistent with the city’s comprehensive plan and/or are part of an effort to implement the city’s comprehensive plan. (Ord. 011-19 § 5 (Exh. 2)).
20.06.030 Docketing suggested amendments.
The department shall compile and maintain for public review a list of suggested amendments and “identified deficiencies” to the city’s land use and development regulations, which list shall be arranged by appropriate classifications and shall name the individual or organization suggesting each amendment and identifying each deficiency. (Ord. 019-17 § 18 (Exh. 1)).
20.06.040 Timing and process for consideration.
(1) The city council shall review docketed proposals concurrently pursuant to RCW 36.70A.130(2), at least on an annual basis. As part of such annual review, the council shall review docketed proposals received prior to September 30th of the calendar year.
(2) The city council shall initiate consideration of suggested amendments by motion. The scope and timing of consideration of suggested plan amendments shall be determined by the council, except for amendments to correct a deficiency identified during project review which shall be considered at least annually.
(3) The city council shall generally request that the appropriate city advisory body develop recommendations concerning suggested amendments and the city council shall take final action upon any suggested amendment, except that the city council reserves the authority to consider and act upon any suggested amendment without referring the suggested amendment to the applicable advisory body for recommendation. The council and its advisory bodies (with concurrence of the council) may prioritize suggested amendments for further consideration and may defer to future years or decline to further consider suggested amendments. (Ord. 019-17 § 18 (Exh. 1)).