Chapter 18.85
AMENDMENTS TO THE USE REGULATIONS

Sections:

18.85.010    Purpose.

18.85.020    Amendments authorized.

18.85.030    Adoption required by the council.

18.85.040    Initiation of amendments.

18.85.050    Applications required.

18.85.060    Public hearing required by planning commission.

18.85.070    Burden of proof.

18.85.080    Public notice.

18.85.090    City council.

18.85.100    Transmittal to the Department of Ecology.

18.85.010 Purpose.

The purpose of this chapter is to set forth procedures when proposals are made to:

A. Adopt or amend the official controls of area-wide applicability which implement the shoreline master program, i.e., the shoreline use regulations and maps made a part thereof.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.020 Amendments authorized.

The provisions of the shoreline master program use regulations or the shoreline environment map may be amended as provided for in RCW 90.58.120 and 90.58.200 and Chapter 173-26 WAC.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.030 Adoption required by the council.

Adoption of an amendment to the official controls shall be adopted by the city council by ordinance after a public hearing and report by the planning commission.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.040 Initiation of amendments.

The shoreline use regulations or map amendments thereto may be initiated by:

A. The adoption of a motion by the city council requesting the planning commission to set a matter for hearing and recommendation.

B. The adoption of a motion by the planning commission.

C. Application of one or more owners of property affected by the proposal.

D. A department or agency of the city or governmental entity.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.050 Applications required.

The director shall prescribe the form(s) on which applications are made for amendments to the master program use regulations and/or shoreline environment map.

Applications for amendments to the master program must satisfy the requirements of the State Environmental Policy Act (Chapter 41.21C RCW and Chapter 197-11 WAC).

(Ord. 423 § 56, 2004; Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.060 Public hearing required by planning commission.

Whenever an amendment to the use regulations and/or shoreline environment map is initiated under UPMC 18.85.040, the planning commission shall hold at least one public hearing thereon, and notice of such hearing shall be given.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.070 Burden of proof.

Proponents for shoreline environment map redesignations (i.e., amendments to the shoreline environment designation map) shall bear the burden of proof for demonstrating consistency with the shoreline environment criteria of the master program, Chapter 173-26 WAC, and the goals and policies of the city of University Place comprehensive plan.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.080 Public notice.

Notice shall be given pursuant to Chapter 173-26 WAC. Additional notice may be employed at the discretion of the director.

(Ord. 423 § 57, 2004; Ord. 288 § 1, 2000; Ord. 271 § 1, 2000).

18.85.090 City council.

The action by the planning commission on an amendment shall be considered advisory to the council. Final and conclusive action on an amendment shall be taken only by the council.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000)

18.85.100 Transmittal to the Department of Ecology.

Subsequent to final action by the council adopting or amending the Shoreline Master Program or official control, said Master Program, official control or amendment thereto shall be submitted to the Department of Ecology for approval. No such Master Program, official control or amendment thereto shall become effective until approval by the Department of Ecology is obtained.

(Ord. 288 § 1, 2000; Ord. 271 § 1, 2000)