Chapter 135 – AMENDMENTS TO THE TEXT OF THE ZONING CODE

Sections:

135.05 User Guide

135.10 Applicable Process

135.15 Initiation of Proposals

135.20 Threshold Determination for Citizen-Initiated Proposals

135.25 Criteria for Amending the Text of the Zoning Code

135.30 Emergency Zoning Code Amendment

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. 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.

135.10 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.

135.15 Initiation of Proposals

An amendment to the Zoning Code may be initiated by the City or requested by the public through the comprehensive planning process.

135.20 Threshold Determination for Citizen-Initiated Proposals

Citizen-initiated proposals to amend the Zoning Code associated with a proposal to amend the Comprehensive Plan must follow the process described in KZC 140.20(1) and (2), and meet KZC 140.20(3)(a) concerning City resources.

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.

135.30 Emergency Zoning Code Amendment

1.  General – The City may initiate an emergency amendment to the Zoning Code. An emergency amendment is an amendment necessary for the immediate protection of public health, safety, property or peace.

2.  Process

a. The City Council shall hold a public hearing using the process described in KZC 160.40 for notice; KZC 160.45 for staff report; KZC 160.55, 160.65 and 160.70 for public hearing; and KZC 160.90 for publication and effect.

b. The Planning Official shall notify the Planning Commission in writing about the proposed emergency amendment at least 14 days before the public hearing. If the amendment is within the jurisdiction of the Houghton Community, the Houghton Community Council shall also be notified.

c. If the proposed amendment is within the jurisdiction of the Houghton Community Council, the Houghton Community Council shall hold a joint hearing with the City Council.

d. The City Council shall adopt an emergency plan amendment by an appropriate resolution or ordinance that includes a statement of the facts justifying the emergency.

e. If the City Council approves a resolution or ordinance, it is not effective within the jurisdictional area of the Houghton Community Council until:

1) A majority of the entire membership of the Houghton Community Council votes to approve it; or

2) The Houghton Community Council fails to disapprove it, by majority vote of the entire membership, within seven calendar days after City Council approves the resolution or ordinance.

135.35 Response to a Court or Growth Management Hearings Board Appeal or Decision

The City may use the process described in KZC 135.30 to make an amendment to the Zoning Code in response to a court or Growth Management Hearings Board appeal or decision.