For purposes of this chapter, the following terms shall have the assigned meaning.

"Area-wide rezone" means an amendment to the zoning map that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) is excess of fifty acres.

"Comprehensive plan" means the generalized coordinated land use policy statement and comprehensive land use plan and all elements and subelements thereof, as adopted by the city council in accordance with the Growth Management Act, Chapter 36.70A RCA.

"Development regulation" means the controls placed on development or land use activities by this title, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

"Site specific rezone" means the amendment of the zoning map, and/or the comprehensive plan land use map, to change or amend the zoning designation of a specific parcel or site or small number of associated parcels or sites, not otherwise constituting an area wide rezone.

"Zoning map" means that official zoning map as designated and adopted pursuant to Section 15.36.100. (Ord. 612 § 1 (Attach. A) (part), 2000)

(Ord. 612 § 1 (Attach. A) (part), 2000)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

The following amendments and proposals are legislative in nature and shall be reviewed and considered under the procedures set forth in this chapter:

1.

Area wide rezones;

2.

Amendments to the comprehensive plan;

3.

Proposals for new or revised elements, goals, or policies to the comprehensive plan;

4.

Amendments to development regulations;

5.

Proposals for new development regulations;

B.

Site specific rezones are a project permit as defined in Section 15.08.030 and shall be submitted, processed, and reviewed in accordance with those procedures set forth for local project review in Chapters 15.09 through 15.11. Provided that where a proposed rezone also requires an amendment to the comprehensive plan land use map, the comprehensive plan amendment and site specific rezone may be consolidated and processed together, subject to the consolidation provisions of Section 15.09.040. Where consolidated, the planning board shall be the hearing body for purposes of both the rezone and comprehensive plan amendment, notwithstanding the provisions of Section 15.09.010.

(Ord. 612 § 1 (Attach A) (part), 2000)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Unless otherwise directed by the council pursuant to subsection E of this section, whenever a request to adopt a legislative proposal is initiated by the city council, the planning board, city manager, or the city staff, the city planner shall keep and maintain a list of such requested amendments to be considered at the appropriate annual review of the comprehensive plan.

B.

Any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, may petition the city planner to recommend legislative amendments to the city council. The petition shall be filed with the city planner and shall include, among the information deemed relevant by the planner:

1.

The name, address, and phone number of the petitioner;

2.

A specific description of the proposed amendment, including text and maps as necessary to define and illustrate the proposed amendment;

3.

A statement of how the proposed amendment is consistent with the comprehensive plan, containing references to specific policies, goals, or other elements of the comprehensive plan;

4.

A "nonproject" environmental checklist prepared in accordance with the State Environmental Policy Act (SEPA) Chapter 43.21C, WAC Chapter 197-11, and Chapter 14.04 of this Code.

5.

The applicable processing fee, as established by resolution of the city council;

6.

Any maps, studies, reports, or technical data that supports or analyzes the proposal, as deemed necessary or appropriate by the city planner;

7.

An analysis of the cumulative impacts of the proposed amendment upon the city and the implementation of the comprehensive plan.

8.

Incomplete applications will be deemed incomplete and the applicant will be notified.

C.

Upon receipt of a complete request or petition as provided in subsections A and B of this section, the city planner shall compile and maintain a list of all requests and petitions received. Such requests and petitions shall be reviewed and considered on an annual basis as provided herein. No later than third Tuesday in January annually, the city planner shall present the current list of requests and petitions to the city council for consideration to be included within that year's docket. The city council shall consider the list and shall vote to accept or reject each request and petition for docketing. Once a request or petition has been rejected for docketing by the city council, resubmittal of the same request or petition, or its substantial equivalent, shall not be allowed for a period of at least two years following the date the original request or petition was rejected for docketing. The docket approved by the city council shall be available for public inspection and copying.

D.

At least once every two years, the city planner shall establish and broadly disseminate to the public a notice inviting public participation in identifying legislative proposals for amendments or revisions to the comprehensive plan and development regulations.

E.

Nothing contained in this chapter shall be construed to prohibit or limit the authority of the city council to adopt moratoria, interim zoning ordinances, interim development regulations, and other land use controls as authorized by RCW 36.70A.390 and 35A.63.210. The procedures set forth in this chapter shall be inapplicable to such action by the council.

F.

The docketing process may be waived by the city manager or city planner the year prior to the periodic update of the comprehensive plan or alternatively may be waived in the year the periodic update to the comprehensive plan is due.

(Ord. 612 § 1 (Attach. A) (part), 2000)

(Ord. No. 888, § 2, 8-15-2017; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

At least once every two years, the city planner shall refer all complete docketed requests and petitions for legislative proposals to the planning and parks board for review and consideration consistent with this chapter.

B.

The city planner shall prepare a written report to the planning board which analyzes the legislative proposal and recommends approval, approval with modifications, denial, or remand in accordance with those criteria set forth in subsection E of this section.

C.

The planning board shall review each docketed request or petition and shall hold at least one public hearing on such requests and petitions. More than one request or petition may be considered at any individual public hearing.

D.

Following the public hearing upon a docketed request or petition, the planning board shall make one of the following written recommendations to the council:

1.

Approval of the legislative proposal;

2.

Approval of the legislative proposal as modified or amended by the planning board;

3.

Denial of the legislative proposal;

4.

Remand the proposal with a request for additional information, studies or reports deemed necessary to fully analyze and consider the proposal and its associated impacts.

E.

In making the recommendation provided for in subsection D of this section, the planning board shall consider the following criteria:

1.

If a proposal for amendment or revision to the comprehensive plan or an area wide rezone:

a.

Consistency with the Growth Management Act (Chapter 36.70A RCW);

b.

Consistency with existing goals and policies of the comprehensive plan;

c.

The cumulative impact of the proposed amendment upon the city;

d.

The availability of capital facilities and infrastructure to support the proposed amendment;

e.

Any change in circumstances supporting such amendment, such as revisions to population estimates, expansion or reduction of the urban growth area, annexation, new infrastructure or capital facilities, and other such similar factors.

f.

The probable significant adverse environmental impacts of the proposal, if any.

2.

If a proposal for amendment or revision to the city's development regulations:

a.

Consistency with the Growth Management Act (Chapter 36.70A RCW):

b.

Consistency with existing goals and policies of the comprehensive plan;

c.

Whether the proposal adequately implements the goals and policies of the comprehensive plan;

d.

The cumulative impact of the proposed amendment upon the health, safety, and welfare of the city;

e.

The probable significant adverse environmental impacts of the proposal, if any.

(Ord. 612 § 1 (Attach. A) (part), 2000)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

No legislative proposal shall be adopted without a planning board recommendation pursuant to Section 15.100.030 and further without a public hearing before the city council as provided in Section 15.100.050, except as specifically provided in Sections 15.100.020(E) and 15.100.060(D).

B.

For public hearings before the planning board and city council, as required by the provisions of this chapter. The city planner shall publish a notice of the public hearing once a week for two successive weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days nor more than thirty days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be. Notice for multiple legislative proposals may be contained within a single publication notice. The notice required or authorized by this section shall:

1.

State the date, time, and place of the public hearing;

2.

Summarize the nature and character of the legislative proposal;

3.

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the proposal;

4.

State that the full text of the amendment can be obtained from the city clerk, and;

5.

State that substantial changes in the proposed amendment may be made following the public hearing.

C.

The city planner may also provide additional public notice, as deemed appropriate, to encourage early and continuous public participation and involvement. Such additional methods may include, but are not required to include, any of the following methods:

1.

Posting of one or more notices of the public hearing in the vicinity of the property affected by the legislative proposal;

2.

Posting of notices of the public hearing upon the city's web page;

3.

Notifying public or private individuals or groups with known interest in a certain proposal or type of proposal, or in proposals within a certain area or area of the city;

4.

Mailing notices to property owners and occupants;

5.

Placing public notices in city newsletters, utility billings, or regional or neighborhood newsletters, newspapers or journals.

D.

Any person may request that the city planner provide written notice by mail of any public hearing on all docketed legislative proposals or any particularly identified proposal. If such request is made in writing and timely filed with the city planner, the city planner shall, in addition to that required notice as set forth in subsection B of this section, provide written notice to such person, by first class mail, of any scheduled public hearing on the identified legislative proposal(s) at least ten days prior to such hearing. The notice shall include that information as specified for the required publication notice in subsection B. of this section.

E.

The city planner shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that failure to comply with any of the specific notice provisions as set forth in this section shall not render the council's action upon any legislative proposal invalid, except to the extent that such failure to comply has substantially deprived a party of due process of law.

(Ord. 612 § 1 (Attach. A) (part), 2000)

A.

At least once every two years, the city council shall hold a public hearing to consider the recommendations of the planning board on those requests and petitions initiated and docketed pursuant to Section 15.100.020 A. through C. More than one request or petition may be considered at any individual public hearing.

B.

Following the city council's public hearing upon the legislative proposal, the council shall determine whether to take any of the following action:

1.

Approve the legislative proposal;

2.

Approve the legislative proposal as modified or amended by the planning board and/or by the council;

3.

Deny the legislative proposal;

4.

Remand the proposal with a request for additional information, studies or reports deemed necessary to fully analyze and consider the proposal and its associated impacts.

5.

Refer the legislative proposal to a legislative committee for further review and evaluation and report back to the council.

C.

In electing to take the action described in subsection B. of this section, the council shall apply that criteria for legislative proposals set forth in Section 15.100.030 E.

D.

Nothing contained in this section shall be construed to prohibit or limit the authority of the city council to adopt moratoria, interim zoning ordinances, interim development regulations, and other land use controls, without prior public hearing, as authorized by RCW 36.70A.390 and 35A.63.210. The procedures set forth in this section shall be inapplicable to such action by the council.

(Ord. 612 § 1 (Attach. A) (part), 2000)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Five Year Review. The Carnation comprehensive plan and development regulations shall be subject to continuing review and evaluation. At least every five years thereafter adoption, the city shall take action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure that they comply with the requirements of Chapter 36.70A RCW. The review and evaluation required by this subsection may be combined with the review provided by subsection B of this section. Any amendment or revision to a comprehensive land use plan shall conform to Chapter 36.70A RCW, and any change to development regulations shall be consistent with and implement the comprehensive plan.

B.

Annual Review. Proposed amendments or revisions of the comprehensive plan may be considered by the city council no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

1.

The initial adoption of a subarea plan;

2.

The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;

3.

The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a city budget.

C.

Except as otherwise provided in subsection B of this section, all proposals shall be considered by the city council concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation the city may adopt amendments or revisions to its comprehensive plan and development regulations that conform with Chapter 36.70A RCW whenever an emergency exists or to resolve an appeal of a comprehensive plan or development regulation filed with a growth management hearings board or with the court.

D.

The city shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated urban growth area and potential annexation areas. The densities permitted in the urban growth area by the comprehensive plan of the city shall be revised to accommodate the urban growth projected to occur in the city for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by subsections A or B of this section.

(Ord. 612 § 1 (Attach. A) (part), 2000)

The following criteria shall be used by the hearing examiner and city council in making recommendations upon and approving or denying requests for site specific rezones.

A.

The hearing officer or body shall recommend or grant approval of the rezone only upon finding that the following criteria are met:

1.

The proposed rezone advances the public health, safety, or welfare;

2.

The proposed rezone is consistent with and implements the comprehensive plan;

3.

There has been a change in circumstances that supports the proposed rezone;

4.

The proposed rezone will not have a significant adverse impact upon surrounding properties.

B.

The hearing officer or body shall not consider any representations made by the petitioner that if the rezone is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

C.

The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.

(Ord. 612 § 1 (Attach. A) (part), 2000)