Amendments of the zoning and development regulations in this title may be initiated by:

1. The verified application of one or more owners of property within the Town corporate boundaries; or
2. The adoption of a motion of the Town Council to set the matter for hearing and recommendation.

(Ord. No. 19-03, § 8.1.01, 9-4-2019)

The applicant for any amendment to this title shall present a completed application form and required information as provided in RMC 13.28.140 to the Town Clerk/Treasurer. The Town Clerk/Treasurer or designee shall review the application, required information and State Environmental Policy Act (SEPA) checklist and prepare a recommendation on the application and SEPA checklist.

(Ord. No. 19-03, § 8.1.02, 9-4-2019)

1. The Town Council shall set a date, time and place for a public hearing on the amendment following statutory requirements for public notification. At the public hearing the Town Council shall review the proposed amendment, take public testimony, and make a decision on the amendment. The Town Council may decide to:
   1. Deny the amendment;
   2. Refer the matter back to the applicant for any corrections or clarifications that may be requested and be returned to the Council within 60 days; or
   3. Approve the amendment by making a motion to adopt the amendment.
2. The Mayor shall also issue a threshold determination on the SEPA checklist.

(Ord. No. 19-03, § 8.1.03, 9-4-2019)

The Town Council will review a potential emergency situation, with advice from the Town Attorney, to determine if the situation does, in fact, necessitate an emergency development regulations amendment. Findings must demonstrate a need of neighborhood or community-wide significance and not a personal emergency on the part of a particular applicant or property owner. Potential emergency situations may involve official, legal or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation or address the absence of adequate and available public facilities or services.

(Ord. No. 19-03, § 8.1.04, 9-4-2019)

If, during project review, the Town Council identifies deficiencies in the development regulations, the identified deficiencies shall be docketed for possible future amendments to the development regulations. A deficiency refers to an absence of required or potential desirable contents of the development regulations. Docketing requires that a list of suggested changes to the development regulations be compiled and maintained so suggested changes are accurately recorded and later reviewed pursuant to this chapter.

(Ord. No. 19-03, § 8.1.05, 9-4-2019)

A State Environmental Policy Act (SEPA) determination is required. Amendments shall be submitted to the state department of commerce for its preliminary review. Other state, county, and/or local agencies shall be similarly notified where any such agency may have an interest in the amendment. Such distributions shall be the responsibility of the Town Clerk/Treasurer or contracted staff.

(Ord. No. 19-03, § 8.1.06, 9-4-2019)

Public hearing shall be held after the state department of commerce has reviewed the application and made comments. The procedures for the public hearing and notification in RMC ch. 13.28, art. II, will be followed.

(Ord. No. 19-03, § 8.1.07, 9-4-2019)

Amendments to the comprehensive plan shall be coordinated with amendments to the Town's development regulations as well as be consistent with the transportation improvement program, the capital improvement program, annexations of urban growth area lands, etc. The comprehensive plan must be amended first in all cases.

(Ord. No. 19-03, § 8.2.01, 9-4-2019)

Amendments to the comprehensive plan of this title may be initiated by:

1. The verified application of one or more owners of property within the Town corporate boundaries; or
2. The adoption of a motion of the Town Council to set the matter for hearing and recommendation.

(Ord. No. 19-03, § 8.2.02, 9-4-2019)

The applicant for any amendment to the comprehensive plan shall present a completed application form and required information as provided in RMC 13.28.140 to the Town Clerk/Treasurer. The Town Clerk/Treasurer or designee shall review the application, required information and State Environmental Policy Act (SEPA) checklist and prepare a recommendation on the application and SEPA checklist.

(Ord. No. 19-03, § 8.2.03, 9-4-2019)

1. The Town Council shall set a date, time and place for a public hearing on the amendment following statutory requirements for public notification. At the public hearing the Town Council shall review the proposed amendment, take public testimony, and make a decision on the amendment. The Town Council may decide to:
   1. Deny the amendment;
   2. Refer the matter back to the applicant for any corrections or clarifications that may be requested and be returned to the Council within 60 days; or
   3. Approve the amendment by making a motion to adopt the amendment.
2. The Mayor shall also issue a threshold determination on the State Environmental Policy Act (SEPA) checklist.

(Ord. No. 19-03, § 8.2.04, 9-4-2019)

The Town Council will review a potential emergency situation, with advice from the Town Attorney, to determine if the situation does, in fact, necessitate an emergency comprehensive plan amendment. Findings must demonstrate a need of neighborhood or community-wide significance and not a personal emergency on the part of a particular applicant or property owner. Potential emergency situations may involve official, legal or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation or address the absence of adequate and available public facilities or services.

(Ord. No. 19-03, § 8.2.05, 9-4-2019)

If, during project review, the Town Council identifies deficiencies in the comprehensive plan, the identified deficiencies shall be docketed for possible future amendments to the comprehensive plan. A deficiency refers to an absence of required or potential desirable contents of the comprehensive plan. Docketing requires that a list of suggested changes to the comprehensive plan be compiled and maintained so suggested changes are accurately recorded and later reviewed pursuant to this chapter.

(Ord. No. 19-03, § 8.2.06, 9-4-2019)

1. Amendment cycles shall be one to five years.
2. Amendments may occur more often in the following situations:
   1. Amendment of the Town's transportation improvement program and/or capital improvement program provided such amendment occurs along with adoption of the Town's annual budget;
   2. An emergency of neighborhood or community-wide significance concurrent with RMC 13.36.250;
   3. To provide a regional facility or service that is needed to protect health, safety, or welfare such as a sewer treatment plant.

(Ord. No. 19-03, § 8.2.07, 9-4-2019)

A State Environmental Policy Act (SEPA) determination is required. Amendments shall be submitted to the state department of commerce for its preliminary review. Other state, county, and/or local agencies shall be similarly notified where any such agency may have an interest in the amendment. Such distributions shall be the responsibility of the Town Clerk/Treasurer or contracted staff.

(Ord. No. 19-03, § 8.2.08, 9-4-2019)

Public hearing shall be held after the state department of commerce has reviewed the application and made comments. The procedures for the public hearing and notification in RMC ch. 13.28, art. II, will be followed.

(Ord. No. 19-03, § 8.2.09, 9-4-2019)

All territory hereafter annexed to the Town shall be contained with that portion of unincorporated Spokane County officially designated as being within the Town's urban growth area by the board of county commissioners pursuant to requirements in RCW ch. 37.70A (Growth Management Act).

(Ord. No. 19-03, § 8.3.01, 9-4-2019)

All territory, hereafter annexed to the Town shall be subject to a pre-zoning plan, which shall conform to the official land use designation of the future land use plan map contained in the Town comprehensive plan.

(Ord. No. 19-03, § 8.3.02, 9-4-2019)

1. Pursuant to the County's adopted countywide planning policies and in accordance with regionally coordinated planning matters, at least every five years, the Town shall review the residential densities and nonresidential intensities permitted within its external, unincorporated, urban growth area, and the extent to which growth of an urban nature is occurring within the current Town limits and in the unincorporated urban growth area. Based upon such review, and coordination with the County, the Town shall adjust its residential density allowances and nonresidential intensity expectations, and/or its urban growth area boundary, as necessary, to accommodate its share of the urban growth expected to occur in the County for the next 20 years, according to allocations determined by the steering committee of elected officials in accordance with the adopted countywide planning policies, and the current population projections of the state office of financial management.
2. Should the Town find a need for more frequent adjustment of the unincorporated urban growth area boundary, it may request the steering committee of elected officials to initiate review of urban growth area boundaries before the five-year period ends.

(Ord. No. 19-03, § 8.3.03, 9-4-2019)

The purpose of this article is to set standards for the Town to fulfill concurrency requirements of the State of Washington Growth Management Act and to provide consistency between the Town and countywide planning policies. It is required that in each jurisdiction the Town's street system, domestic water system and the sanitary sewer system be adequate to handle growth and development. When concurrency management for a segment of the transportation system is regional in nature as determined by the County steering committee of elected officials, the Spokane County Regional Transportation Council (SRTC) shall be responsible for a concurrency determination in accordance with level of service standards for the regional transportation system.

(Ord. No. 19-03, § 8.4.01, 9-4-2019)

1. A concurrency determination shall be performed by the Town prior to the issuance of a preliminary development permit. If the concurrency determination results in a finding that concurrency facilities and services are enough to serve the development, the Town shall reserve the capacity required for the final development permit. Such capacity shall not be returned to the uncommitted amount of reserve capacity unless and until the application is, for whatever reason, denied, rejected, expires, or is otherwise invalidated.
2. The Town has the ability to address project mitigation under the State Environmental Policy Act (SEPA).
3. If the concurrency determination results in a finding that one or more of the concurrency facilities do not have enough reserve capacity to serve the development, the application shall be returned with explanations as to the deficiencies. Development cannot be approved if it causes the level of service of a facility to fall below what has been specified in the comprehensive plan. The applicant may:
   1. Mitigate capacity impacts by arranging with the Town for provision of additional capacity of the affected concurrency facility required either concurrent with the development, or within six years of when the impact is incurred;
   2. Revise the proposed development by reducing impacts to maintain a satisfactory level of service;
   3. Phase the proposed development to coincide with later availability of increased currency facility capacity; or
   4. Accept denial of the application.

(Ord. No. 19-03, § 8.4.02, 9-4-2019)

While the following are exempt from the concurrency requirements of this article, the Town may still require a State Environmental Policy Act (SEPA) review for the following:

1. Any addition or accessory structure to a residence, public facility, or business with no change or increase in use or increase in the number of dwelling units;
2. Interior or exterior renovations or modifications of structures with no change or increase in use or increase in the number of dwelling units;
3. Replacement structures with no change or increase in use or increase in the number of dwelling units;
4. Temporary structures;
5. Resurfacing of existing driveways, streets, or parking lots;
6. Landscaping, lighting, or fencing;
7. Signs;
8. Demolitions;
9. Sanitary sewer permit for an existing single-family residence;
10. Domestic water service permit for an existing single-family dwelling;
11. Street vacations;
12. Lot line adjustments;
13. Permits for construction of single-family or two-family residences on platted lots of record existing before the effective date of the ordinance from which this title is derived, provided such lot or combination of lots forming a development panel conform to the standards of the residential zone in which it will be placed;
14. Final plats, provided that the requirement of RMC 13.36.420 was satisfied at the time of preliminary plat approval;
15. Variances which do not allow for an increase in use or the number of dwelling units above the intensity of use or number of dwelling units allowed by the existing zoning of the property; or
16. The subsequent building permit for an approved development, provided that the requirements of RMC 13.36.420 were satisfied at the time of preliminary development approval and there is no change in use, densities, and intensities.

(Ord. No. 19-03, § 8.4.03, 9-4-2019)

The Town shall monitor final development permits for their impact on currency facilities and shall determine whether monitoring should occur on an annual or periodic basis.

(Ord. No. 19-03, § 8.4.04, 9-4-2019)

The Town may enter into an interlocal agreement with the County or other entities to coordinate level of service standards and concurrency mitigation strategies.

(Ord. No. 19-03, § 8.4.05, 9-4-2019)

Fees in an amount specified by resolution of the Town Council shall be paid upon the filing of any development permit application to defray the expenses of conducting concurrency determinations, providing written information, and for providing other concurrency management services in support of this article.

(Ord. No. 19-03, § 8.4.06, 9-4-2019)