A.

Purpose. The purpose of this zoning code is to provide a vehicle to implement the city's comprehensive plan consistent with RCW Chapter 36.70A., the Washington State Growth Management Act (GMA).

B.

Intent. The zoning code contains regulations to manage the community's growth in a manner that ensures efficient use of land, preserves natural resources, and encourages good design. Specifically, the code is designed to implement adopted policies including:

1.

Support the creation of a responsive, open government that operates in partnership with all citizens for the purpose of maximizing participation, as well as with city employees to ensure that they are empowered to effectively meet citizens' needs.

2.

Provide diverse employment opportunities within the community, maintaining a healthy business climate that also ensures that the city's residents will be provided a full range of goods and services.

3.

Commit to responsible stewardship of the city's natural resources, including water supply, wetlands, and open space, with consideration the city's visual character, history, and economic base.

4.

Provide the city's residents with quality urban services while at the same time preserving the character of existing neighborhoods and enhancing the livability of the area.

5.

Integrate land use and transportation planning to ensure the efficient use of land.

(Ord. No. W-22, § 2, 4-22-2014; Ord. No. U-97, § 4, 1-27-2009; Ord. No. T-84, § 26, 2005; Ord. No. R-66, § 1(part), 1999)

The Growth Management Act allows amendments to comprehensive plans no more frequently than once per year, except under the following circumstances:

(1)

The initial adoption of a sub-area plan (i.e., downtown plan) that does not modify the comprehensive plan policies and designations applicable to the sub-area; and

(2)

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

(3)

Resolution of an emergency condition or situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare.

(4)

Resolution of decision by an administrative agency, or court of competent jurisdiction.

(5)

Staff initiated text or site specific map amendment to a land use designation that is less intensive than what currently exists, meeting the criteria outlined in CMC 21.01.100.

(6)

Petitions from the public to amend the comprehensive plan are accepted from October 1 through November 30, to be considered the following calendar year.

Petitions from the public to amend the comprehensive plan are accepted from October 1 through November 30, to be considered the following calendar year.

(Ord. No. W-55, § 1, 3-10-2015; Ord. No. W-22, § 3, 4-22-2014; Ord. No. V-28, § 1, 11-24-2009; Ord. No. U-97, § 5, 1-27-2009; Ord. No. T-84, § 27, 2005; and Ord. No. R-66, § 1(part), 1999)

All amendment proposals shall be considered by the city council concurrently so that the cumulative effect of the various proposals can be ascertained. Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the plan.

(Ord. No. U-97, § 6(21.01.035), 1-27-2009)

(a)

"Area-wide amendment" is a proposed change or revision to the generalized land use map, zoning map, goals, policies, objectives or assumptions affecting an area within the city limits or within the urban growth area. The area-wide amendment process is comprehensive in nature and may be geographically distinctive, or has unified interest within the city. Amendments reviewed under this process would not affect the location or designation of the urban growth area boundary. Proposed changes to an urban growth boundary are classified under subsection (c) of this section. An area-wide wide land use reclassification amendment or text amendment is of area-wide significance and usually includes several separate properties under various ownership.

(b)

"Text amendment" is a change or revision in the text of the goals, policies, objectives, principles or standards of the comprehensive plan or development regulations.

(c)

"Urban growth area amendment" is a change or revision to a designated urban growth area boundary. Amendments may also include changes or revisions to the plan map, goals, policies, principles or standards of the comprehensive plan and development regulations that would be affected by the boundary change. Amendments are evaluated on their effect on all urban growth area boundaries within the city.

(d)

"Capital facilities amendment" is a change or revision to the capital facilities element of the comprehensive plan and affects capital budget decisions.

(e)

"Emergency amendment" is a proposed change or revision to the comprehensive plan or development regulations that arises from a situation that necessitates the immediate preservation of the public health, safety and welfare.

(f)

"Site-specific map amendment" is an amendment to the comprehensive plan land use map to change the land use designation on a specific property.

(Ord. No. U-97, § 7, 1-27-2009; Ord. No. R-66, § 1(part), 1999)

(a)

Area-wide, text, urban growth area, capital facility amendments are considered legislative actions and are processed in accordance with Chapter 23.020, Legislative Actions.

(b)

Site-specific map amendments are considered land use reviews and are processed in accordance with Chapter 23.030, Land Use Reviews.

(Ord. No. U-97, § 8, 1-27-2009; Ord. No. R-66, § 1(part), 1999)

A proposed amendment to the comprehensive plan (as identified in the comprehensive plan) may be submitted by an individual, organization, corporation or partnership, general or special purpose government, or entity of any kind.

(Ord. No. W-22, § 4, 4-22-2014)

An application for an amendment shall follow the legislative process outlined in CMC 23.020.

(Ord. No. W-22, § 5, 4-22-2014)

In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant. The approval, modification or denial of an amendment application by the planning commission shall be evaluated on the following criteria:

(1)

The amendment is necessary to resolve inconsistencies between the comprehensive plan and implementing ordinances, or inconsistencies between the plan or ordinances and local, state or federal mandates.

(2)

The amendment of the plan and/or the development regulations will further the implementation of the comprehensive plan and resolve inconsistency between the two in a manner that will not adversely impact the general public health, safety, and/or welfare.

(3)

Conditions have changed so much since the adoption of the comprehensive plan on factors such as, but not limited to population, employment, housing, transportation, capital facilities, or economic conditions that the existing goals, policies, objectives and/or map classifications of the comprehensive plan or development regulations are inappropriate.

(4)

Substantial conditions exist where the available supply of forecasted lands for residential, commercial, industrial, recreation or agriculture have been absorbed and there is insufficient land available for a 20-year supply.

(5)

If the comprehensive plan amendment proposal involves extension of water and/or sewer services outside of the urban growth boundary, the following additional criteria must be met:

(A)

The proposal must be in response to an immediate threat to public health or safety;

(B)

The proposal is necessary for the protection of aquifers designated pursuant to RCW 36.70.A170;

(C)

The proposal is necessary to maintain existing levels of service in existing urban or suburban developments.

(6)

The proposed amendment is consistent with the overall intent of the goals of the comprehensive plan.

(7)

The proposed amendment is consistent with RCW 36.70A, the Growth Management Act, the county-wide planning policies and applicable multi-county planning policies.

(8)

Where an amendment to the comprehensive plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation.

(9)

Public facilities, infrastructure and transportation systems are present to serve the intended amendment or provisions have been made in accordance with the city comprehensive plan to provide the necessary facilities.

(10)

The proposed amendment is complementary and compatible with adjacent land uses and the surrounding environment.

(11)

The proposed amendment does not adversely affect lands designated as agricultural and/or resource lands of long term commercial significance or critical areas.

(Ord. No. R-66, § 1(part), 1999)

Comprehensive plan amendments shall follow the legislative actions procedure outlined in CMC Chapter 23.020.

(Ord. No. W-22, § 6, 4-22-2014)

Any party who appeals a recommendation of the planning commission to the city council regarding a comprehensive plan amendment shall follow the appeal procedure outlined in CMC 23.120.

Standing to appeal. Only persons who have appeared in person or by counsel before the planning commission and have standing under the GMA may proceed with an appeal.

(Ord. No. W-22, § 7, 4-22-2014)

If no appeal has been filed contesting the recommendation by the planning commission by any party who has standing, the city council shall review the planning commission recommendation as a closed record proceeding; however, city council may allow each side to present written statements and oral argument.

(Ord. No. W-22, § 8, 4-22-2014)

Pursuant to RCW 36.70A.106 the planning department shall notify the Washington State Department of Commerce of any amendment to the comprehensive plan or any development regulation at least 60 days prior to any final action by city council. The review does not preclude the planning commission or the city from conducting any appropriate citizen participation including but not limited to open houses, public meetings, workshops, hearings or other similar action.

(Ord. No. W-22, § 9, 4-22-2014)

All appeals regarding the adoption of an amendment shall be filed and processed according to CMC 23.120.

(Ord. No. W-22, § 10, 4-22-2014)