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HomeMy WebLinkAboutOrdinance 11-011-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCEe 11- Q�I -CC Ari Ordinance relating to the amendments of the Unified Development Code as follows: Chapter 23.12.100, 22.04.310 and 22.04.360 - Road Standards Chapter 23.04, Table 4- Mining & Mineral Extraction Chapter 23.08.020 � Accessory Uses and Structures (d) Chapter 23.12.040 � General Development Standards in Urban Growth Area. Recitals: WHEREAS, the Board of County Commissioners of Grant County intends to comply fully with the laws and regulations of the State of Washington, and; W�IEREAS, the Board of County Commissioners of Grant County adopted a Growth Management Act compliant Comprehensive Land Use Plan in September of 1999, and; WHEI2EAS, the Board of County Cominissioners of Grant County adopted a Unified Development Code implementing the Comprehensive Plan on October 1, 2000, and; WHEitEAS, the Unified Development Code Chapter 25.12 "Legislative Action'9 provides a process for amending the Code, and; WHEREAS, the Grant Count Planning Department initiated an arnendment, under Chapter 25.12 to the Unified Development Cade by amending several sections as outlined in Attachment 1, and; WHEREAS, the Board of County Comiriissioners of Grant County have been advised by the Grant County Planning Commission that an open record public hearing was conducted on February 2, 2011, on the matter of amending the Grant County Unified Development Code, and; WHEREAS, on Februaiy 2, 2011 the Grant County Planning Commission voted unanimously to recornmend to the Board of County Comxnissioners, approval o£the UDC Amendment requests with one recommended change and; WIIEREAS, the Board of County Commissioners of Grant County held an open record public hearing on March 7, 201 l, and; WHEREAS, the Board of County Cormnissioners have been advised. by the Grant County Planning Department that the proposed UDC Amendments were processed in accordance with the requirements of UDC Chapter 25.12 "Legislative Action"; and, An ordinance relating to amendments of the Uiufed Development Code §23.12.100, 22.04.310, 22,04,360, 23,04 Table 4, 23.08.020, 23.12,040 WHEREAS, the Board of County Commissioners have been advised by the Grant County Planning Department that the proposed UDC Amendments were processed in accordance with the requirements of UDC Chapter 24.04 "State Environmental Policy Act"; and, WI3EREAS, the Board of County Commissioners have found that the proposal is consistent with the Gz°ant County Comprehensive Plan; and, WI�I�AS, the Board of County Commissioners has found that, the LJDC Amen.dments will serve the public use and interest. NOW, THEREFOI2E, the Board of County Commissioners of Grant County does hereby ordain amendi�g the Grant County Unified Development Code, Chapters 23.12.100, 22.04.310, 22.04.360; Chapter 23.04 —'Table 4; Chapter 23.08.020; and Chapter 23.12.040 as outlined in Attachment # 1. BE IT FLTR'TI3ER ORDAINED, the effective date of this ordinance sha11 be 5 p.me of the date of signature. j�, PASS�D AND ADOPTED this �'_ day of ., 2011. ATTRCT• BOARA OF` COUNTX COMMISSIONERS Yea Nay Abstain GRAN'T COLTNTY, WASI�IIVGTON �'� � ❑ ��'.� � �.� Carolann Swa�tz, Ghaix � � ❑ � Richard Stevens, Vice-Chair ^ �� �P � �� ❑ � Cind C er Member Y � Constituting tlie Board of Coanty Commiss►oners of Grant County, Wasliington -2- �rrACHnnENT #a. 23012.100 Road Standards (a) Roads shall conform with the Grant County Comprehensive Plan, GCC § 24.12, GCC § 22.04.360 , and the adopted County Road Standards and shall provide for the following: (1) Roads shall comply with adopted County Road Standards; (2) Subdivisions shall be served by one or more public and/or private roads providing ingress and egress to and from the subdivision; (3) Public roads shall be dedicated to the County in accordance with GCC § 22.04.390; (4) Safe wallcing conditions for schoolchildren: In cases where a school is located vvithin a quarter mile of a land division, where it is likely that children will walk to school, safe walkways between the subdivision and the school may be required; and (5) If access is proposed off of a state highway, a state access permit shall be obtained by the applicant. Such permit shall be submitted with the preliminary su.bdivision application, (b) Road names shall be approved by the Grant County Emergency Services Department and shall be established using the addressing and grid system delineated in GCC § 10.36. (c) A traffic impact study based on the most current edition of the Highway Capacity Manual shall be performed for any proposed development that will result in an increase of one hundred (100) or more trips per day onto a County Road. For such proposed land uses inside an Urban Growth Area or Rural Activity Center, all intersections involving an arterial or collector road that may be affected by the proposed land use shall be included in the study. The number of trips to be generated shall be determined using the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. (d) The applicant bears the responsibility of private road improvements necessary to meet the County Private Road Standards. The County shall not be responsible for maintenance of private roads, including snow removal, nor shall such roads be accepted as County roads until such improvements as are necessary are made to bring them to current Grant County standards. 22.04.310 General Standards (a) Proposed subdivision shall conform to the Grant County Comprehensive Plan. (b) Construction of improvements shall, at a minimum, conform to the following: (1) Roads, bridges, drains, culverts and related structures and facilities shall be constructed in accordance with GCC § 22.04.360, GCC § 23.12.100 and the adopted County Road Standards; (2) Water supply facilities adequate to provide potable water from a public or community water supply source to each lot in a subdivision shall be constructed in conformity to standards of the jurisdictional governmental authority, unless the Grant County Health Ofiicer approves the use of individual, onsite water supply wells; (3) Each lot sha11 be provided With a sanitary sewer system connection approved by the jurisdictional governmental authority, unless the Gr�int County Health Ofiicer. approves the use of individual, onsite septic systems and drainfields; (4) Monuments shall be placed as required by relevant regulations; (5) Service mains and fire hydrants shall be installed in conformance with relevant regulations. Attachment #1 P a g e � 1 Amendments to the Unified Development Code §23.12.100, 22.04.310, 22,04.360, 23,04 Table 4, 23.08.020, 23,12.040 (e) All construction and site development activities related to land division are prohibited until (1) the preliminary subdivision is approved, and (2) engineering plans are approved which are based on the approved. preliminary subdivision, and (3) a grading and. excavation permit is issued by the Department of Community Development. 22.04.360 Road Standards (a) Roads shall conform with the Grant County Comprehensive Plan, GCC § 24.1.29 GCC § 23.12.100, and sha11 provide for the following: (1) Roads shall comply with adopted County Road Standards. (2) Subdivisions shall be served by one or more public and/or private roads providing ingress and egress to and from the subdivision; (3) Roads shall be dedicated to the County in accordance with GCC § 22.04.390; (4) Dedicated roads shall intersect a county or state road at a minimum of one point; (5) Road continuity of major streets and arterials that serve property contiguous to the subdivision; (6) Road continuity to boundaries of tract; (7) Direct lot access onto County-designated arterials may be restricted; (8) Adequacy of access: Each lot within a subdivision shall have approved access to a street conforming to adopted County Road Standards. To assure safe and adequate access, the Administrative Official: (A) May limit direct access to certain streets and require on-site public or private streets in lieu ot' individual driveways; (B) Shall require off-site improvements to public streets needed to provide access from the subdivision to a road acceptable to the County Engineer; and (C) Shall assure that the number of lots to be served. by the road system complies �vith the adopted County Road Standards; (9) Safe walking conditions for schoolchildren: In cases where a school is located within a quarter rnile of a land division, where it is lilcely that children will walk to school, safe walkways between the subdivision and the school m�y be required; and (10) If access is proposed off of a state highway, a state access permit shall be obtained by the applicant. Such permit shall be submitted with the preliminary subdivision. application. (b) Road names shall be approved by the Grant County Emergency Services Department and shall be established using the addressing and grid system delineated in GCC § 10.36. (c) The subdivider bears the responsibility for road improvements necessary to meet the County Road Standards. Any plat approved with private roads shall include the %llowing statement on the face of the plat: "The County shall not be responsible for maintenance of private roads, including snow removal, nor shall such roads be accepted as County roads until such improvements as are necassary are made to bring them to current Grant County standards." Attachment#1 P a g e � 2 Amendments to the Unified Development Code §23,12.100, 22.04.310, 22.04.360, 23.04 Table 4, 23.08.020, 23.12,040 UDC 23. 04 Table 4 Allowable Land Uses for Rural Lc�ncls, Special and Overlay Districts, & Resource Lcznds Zoning Districtsl'2'3,4,s Zoning Districtb Rural Lands SpeciallOverlay Districts Land Use � � � p" � a O � � � o � � � � � Agriculturally-Related Industrial Uses P P P Light Industrial Uses P P P Light Manufacturing P P P Mining & Mineral Extraction$ C� C33 C Mineral Processing Accessory to P P P Extraction Operations8 Outdoor Storage Yards P P P Reclamation of Mineral Extraction Sites D D D Recycling Center P P P Slaughter, Packing & Rendering P P P Facilities Storage & Treatment of Sewage Sludge P P P and Septage Onsite Storage & Treatment of P P P Hazardous or Dangerous Waste Veterinary Clinic, Hospital C C C Warehouse Facilities P P P Wholesale Distribution Outlet P P P Wrecking & Salvage Yards, Automobile P P P Un-named Industrial Uses P P P Oil and Gas Operations3' P 1' P ;.������,�.""`�„��;���� ..=. ��- :.:����4- .� '� .t -�.<;.�oraax�':v�.5�tw���-.„c�:'��^.=� �:-��'fi^A�.,�.,�„���°��-,��. ��'�s`�`�'-�',.���'�. Art Galleries & Museums P P P Assembly Facilities C D D Colleges and Technical Schools P P P Detention Facilities P P P Emergency Service Facilities A A A County Fairgrounds C P P Government Offices P P P Resource Lands � @ C P P P P D D I' F P P P D P" P P P P P D Pl" C P P P P C CZ C P C C P C C' C P P P PA C C A D D ID P D C� C P P P P D P P g P � P C Same as IInderlying c Zone23 P P P P P C C P P P P P D D C P P P P P D P P P P P D P P P P P P D P P P P P P D P P P P P PA C P C P P P P P C +au...'�i#J`'�°�+"�r��. _ v , � � �t�,a�� & ' ��:.,�� �',.,�'�`"'��',�' ��,,�',,�,��� � �" .,��.. _ n � �� ��"�.".�^w. ° m :,aw3��'. P--p --___P� P D P P C C P P D P A P P P P PA P Saxr�e as Underlying p p p p p p � Zone"'3 p A D D D D A D C P F P PA P A P P P P PA P A Attachment#1 P a g e I 3 Amendments to the Unified Development Code §23.12.100, 22.04310, 22.04360, 23.04 Table 4, 23.08.020, 23.12.040 Notes For Tables 3, 4 ancl S: 1. All uses shall be consistent with the pur�ose of the zoning district in which they are proposed to occur and the land use goals and policies of the Comprehensive Plan. All land uses in zoning disiricts shall meet the general regulations specified in GCC § 23.04.050 unless otherwise stated therein. All regulations in GCC Title 23 apply to the uses in these tables. To determine if a particular use or activity may occur in a particular zoning district and location, all relevant regulations must also be consulted in addition to this table. 2. A land use, activiry or development proposed to be located entirely or partly within 200 feet of the ordinary high water mark of a regulated shoreline is within the jurisdicrion of t11e Shoreline Master Program shall be subj ect to the requirements of the Shoreline Master Program and the applicable provisions of this Chapter and Table 3. 3. Overlay zoning districts and subarea plans provide policies and regulations in addition to those of the underlying zoning disirict for certain land areas and for uses. For any land use, activity or development proposed to be Iocated entirely ar partly within an overlay zoning district or within the jurisdiction of a subarea plan, tlie applicable provisions of the overlay zoning district or subarea plan as specified in GCC § 23.04 Article IV and Article VI shall prevail over any conflicting provisions of the Grant County Code. 4. Categories of Use (See GCC § 23.04.040): A= Uses allowed outright, subject to applicable development standards specified in GCC § 23.12. D= Provisional or discretionary use subject to Type II administrative review procedures specified in GCC § 25.04 for compliance with the requirements of applicable provisions of GCC § 23.08 — Performance and Use Standards and GCC § 23.12 — Development Standards. C= Conditional use subject to Type III review procedures specified in GCC § 25.04 for compliance with the requirements of GCC § 25_08.060. P = I'rohibited use. PA = Plan Amendment; requires an amendment to an adopted Master Plan — see GCC § 23.04.650. 5. The assignment of allowable and prohibited uses may not directly or indirectly preclude the siting of "essential public facilities" as designated in the Comprehensive Plan. See GCC § 23.04.070. 6. Zoning District Legend: Urban Growth Area Zoning Districts: URl = Urban Residential 1 LTR2 = Urban Residential2 UR3 = Urban Residential3 UR4 = Urban Residential 4 UC1 = Urban Commercial 1 UC2 = Urban Commercial2 iTHI = Urban Heavy Industrial ULI = Urban Light Industrial OSR = Open Space/Recreation � PF = Public Facility UR = Urban Reserve AP = Grant County International Airport Rura1 Lands, Resource Lands, and Special and Overlay Zoning Districts: RRl = Rura1 Residential 1 RR? = Rural Residential2 RR3 = Rural Residential3 RRem= Ruxal Remote RUR = Rural Urban Reserve AG = Agriculture OSC = Open Space Conservation POS = Public Open Space MRO = Mineral Resource Overlay ASO = Airport Safety Overlay AO = Aerospace Overlay MPR = Master Planned Resort MPI = Master Planned Industrial Rural Activity Center Zoning Districts: RVR = Rura1 Village Residential R�IC = 1Zura1 Village Commercial RVI = Rural Village Industrial RC = Rural Communiry ASC = Agricultural Service Center RD = Recreational Development SD1 = Shoreline Development 4 SD2 = Shoreline Development 2 SD3 = Shoreline Development 3 SD4 = Shoreline Development 4 RGC = Rural General Commercial RNC = Rural Neighborhood Commercial RFC = Rural Freeway Commercial RHI = Rural Heavy Industrial RLI = Rura1 Light Industrial RRC = Rural Recreational Commercial Attachrnent#1 P a g e � 4 Amendments to the Unified Development Code §23.12.100, 22.04.310, 22.04.360, 23.04 Table 4, 23.08.020, 23.12.040 �a9 a�s� ��lwah�'� �� Site p,nNIP�- �o�siste� S o� the zes� ated �to a�d 1� 0'i0• �edesigna�'�� eational �aO�it uses �e �te� 22a �d § 2 4P��ation£oz ociated`r�'l t hb � only �� t hCC §�3 �� 6 5 oe § 2 S a e x a t�O� �� � tions �a� � os� ng tbe res�e specifie d u' S a� not p z e G��d C�n cili�es �e ���� i tional or a��o�°� kvlties supp edReso�s aZonin� dis� tia�- caze fa las�nssizig an9 � ot�eY �esi�� �g'�Qp, ovaluse �e�): uisit erGia�a �erP in nd 5 tContl�" �lu�� sho�" ti� an`� co� wit�l�as ce PxO �icis• G�C §��' a �ond�b Se Tq,bles 3�`� tt esp1t zria9 � e��e �a°i1i �a� �Ox �S �ezal xesO� e���a� dis ecifie�� to °bt� ona� � F�� edR ����� z�� ted � outxl�ht in all zeSid o� o� �tesvsl ���be r e�� aed as a'cieti �otesA���ex �'1 e �en���uS � Te$o�• SPe��ap � �� Ye1a ��� �i z ctiO le �' pe���oz�ia� �a�e gtha�� �iner eT a� pist eXisting °�esation• �� S�ff � aYe ��� ,� depen�� ug � w��' u po�t, stt�°tures shall ce S��aaTdna ��� �Se Te st�Gti°� �� � G� T'��� onai u S e les e�ts� ° ti h� Y use � e� v S ze q u� � e� s p e z���' a n � to a � o R lg- °'�; 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Such �d ��� � 3p, IJ��g a� �ro`���d �clude all ���ion23� a4��icab�e �ea Qf �ve �- � �blesiaeri�� E��ep o ezations d�� � se Pe� v1um1O� ovl avy e� 3�' �� o�a��e �� tu,o aC° ��� pa cell'as��d� (5��� �eet� pe o�ed s'ab�� so�,ided �'at tha� fi�'e b 33 - �as.�.c� a be locate�less ��exan°� Sb 1�e. ea�� �6 me�� Cod� � 23 og 020+,�3'�2.0�0 P�ach�`een�to the ��'�f2z O�e3e6p, 23 d��able P�'endm 0, ZZ.p4.310, §Z'' 12.1� 23.08.020 Accessory Uses and Structures (d) Outdoor Residential Stor�ige. This subsection sh�ll apply only to outdoor storage accessory to residential uses. Outdoor. storage other than accessory uses subordinate to a primary residential use may be perrnitted only in those zoning districts where specified as an Permitted Use in Tables 3, 4 and 5 in GCC § 23.04, and shall meet the requixements of GCC § 23.08.280. (1) Outdoor residential storlge shall be maintained in an orderly manner and shall create no #"ire, safety, health or sanitary hazard; (2) Required Front yards shall not be used for outdoor storage, except for firewood; (3) Not more than two (2) unlicensed or. inoperable vehicles, except for agriculturally rel�tted equipment, shall be stored on �ny lot; such vehicles shall be screened from view of neighboring dwellings ancl rights-of-way. Such screening shall meet all applicable performance and development standards specific to the zoning district in which the storage is kept, and shall be in keeping with the character of the areae Screening shall meet the rec�uirements of GCC § 23.12.180. Storage of more than two (2) unlicensed or inoperable vehicles is prohibited except in those zoning districts where specified. as an Permitted Use in Tables 3, 4 and 5 in GCC § 23,04, and such storage shall meet the requirements of GCC § 23.08.090; (4) Temporary placement of a trailer, mobile home, manufactured home, or recreational vehicle or buildings moved from other sites may only be stored on a parcel subject to obtaining a temporary use permit in accordance with the requirements of GCC § 23.04.120. 2312.040 General Development Standards in Urban Growth Areas (a) It is the intent of this Chapter and. the Comprehensive Plan goals and policies regarding urban development to: (1) Provide for an orderly, phased tr�nsition from rural to urban uses within urban growth areas; (2) Facilitate coordinated and collaborative public infrastructure development; (3) Prevent conversion of land in. the urban growth areas to uses and/or densities th�t cannot be efficiently urbanized; (4) Require connection to public water and sewer systems where available, including interim community systems or fticilities where feasible; and (5) Require urban standards for developments within urban gro�vth areas. (b) Land division shall meet the density requirements specified in GCC § 23.04, unless otherwise authorized by the Administrati.ve OfF'icial and. the redevelopment st�ndards of GCC § 23.12.040(e) are satisiied. (c) Development standards, including connection to public sewer and water service, within urb�n growth areas shall be as specified by the respective jurisdictional governmental authority within the urban growth area when the jurisdiction�l governmental authority has a signed interlocal agreement with the county which addresses coordination. of development standards, except as otherwise specifically provided herein. (d) No developrnent actions or permits to which this Chapter is applicable and requiring potable water or sewage disposal shall be approved within an urban growth area unless the applicant can demonstrate to the s�tisfaction of the Administrative Official that public water and sewer service meeting the standards of the County and the respecti.ve jurisdictional governmental attthority ar.e available, except as follows: Attachment #1 p a g e � 7 Amendments to the Unified Development Code §23.12.100, 22.04.310, 22.04.360, 23.04 Table 4, 23.08.020, 23.12.040 (l.) Public water and sewer services are not available within two hundred (200) feet to serve a proposed development action or permit and extension of such water or sewer service or facility is not specified in a six-year capital improvement prograrn adopted by a city, town or special district having jurisdictional authority to provide said services; (2) The Administrative Official, Grant County Health Ofiicer, and the city, town or special district having jurisdictional authority to provide water and sewer service waives the requirements of this section and authorize the use of interim community or on-site water. ancUor sewer systems; and (3) Interim community and on-site water and sewer systems are designed, constructed, operated and maintained in accordance with the requirements of the Grant County Health District; and (4) Ii interim community or on-site water and/or sewer systems are authorized, and the z°edevelopment standards of GCC § 23,12.040(e) are satisfied. (e) Land division within urban growth areas using on-site water supply and/or sewage disposal systems shall not inhibit subsequent division and redevelopment at urban densities when public water and sewer systems become available. All such land division. and development shall comply with the following requirements: (1) Applicant shall submit an acceptable conceptual redevelopment plan that includes the following: (A) All initial and any proposed future 1ot lines, road locations, utility easements and any other public rights-of-way which delineate how urban densities designated by the comprehensive plan can be met by further development of the property following the initial subdivision and proposed development; (B) Identification and approximate location of any public facilities required to serve full development of the proposed subdivision to the urban densities required by the comprehensive plan when public water and sewer become available; and (2) No building or structure shall be located such that any building setback contained in GCC § 23.08 is violated at the time of redevelopment; (3) The applicant has signed a no protest contract, agreement or covenant with city, town or special district having jurisdictional authority to provide water and sewer services, to be recorded with the property, agreeing to annex if necessary and connect to said water and sewer when they become availabla, and w�iiving the right to object to any future water or sewer project benefiting the property; and (4) The applicant has signed a no protest contract, agreement or covenant with. the county and/or any city, town or special district having jurisdictional authority to provide said services to be recorded against the property, agreeing to dedicate any future public rights of way or utility casements identified in the approved redevelopment plan benefiting the property, under the terms established in this section or other applicable portions of Grant County Code. (5) Selection and submittal of one of the two following redevelopment plan options: (A) A combined lots redevelopment plan submittal that includes a11 requirements sufficient for preliminary subdivision approval at required minimum densities for urban growth areas for the entire portion of the subject property. The applicant has signed a contract, agreement or covenant with the county and acceptable to the Grant County Health Official9 to be recorded against the property, requiring each purchaser of a newly created urban density lot to purchase and retain ownership of an adjoining urban density lot within the Subdivision for use as an on-site sewage disposal system until sanitary sewers become available to the subdivision; (B) A reserved tract redevelopment plan submittal that includes all requirements sufficient for preliminary subdivision approval at required minimum d.ensities for urban growth areas for that portion of the subject property proposed �or initial development. The remaining portion of the subject property is designated as a reserved tract and complies �vith the other redevelopment plan requirements of this section. The applicant has signed a contract, agreement, or covenant with the county and acceptable to the Grant County Health Official, Attachment #1 P a g e � 8 Amendments to the Unified Development Code §23.1.2.100, 22.04.310, 22,04.360, 23.04 Table 4, 23.08.020, 23.12.040 to be recorded against the property, which requires the present and any future owners of the reseived tract to guarantee rights of access and any other rights, necessary for the owners of the newly created. urban density lots in the subdivision to maintain to a level satisfactory to the Grant County Health Official, a community on-site water supply and/or sewage disposal system located within the reserve traat, until public water and sewer become available to the subdivision and reserved tract. (6) Prior to the approval of a final plat, the applzcant shall provide a refundable cash payment to the County to ensure that the actions and improvements necessary to connect to public �vater and sewer systems are completed in a timely fashion once said systems become available. The amount of the cash payment shall not exceed one hundred iifty percent (150%) of the estimated cost of the actions and improvements as determined by the Administrative Officiale If the applicant completes the required public improvements in a timely fashion, the cash payment shal] be refunded to the applicant. Otherwise, Grant County shall be entitled to complete the required public improvements itself (or under separate outside contract) and to keep whatever portion of the cash payment is necessary to design, administer, and construct the outstanding improvements. (� Any proposed land division within an urban growth area subject to the requirements of this section, and also located within. the drainage boundaries of an adopted lake water quality restoration plan, shall not be approved until it can be connected to a public sewer system, unless the applicant can demonstrate to the satisfaction of the Administrative Official that land division and proposed development will not adversely affect watershed management objectives of the study or water quality within the drainage basin. (g) The Administrative Official is hereby authorized to grant waivers and/or modifications to any requirements of this section for any proposed land division within an urban. growth area, when the applicant submits written waiver from the city, town or special district having jurisdictional authority to provide sewer service to its location, that provision of public sewer service is not planned within the next twenty (20) years. (h) The Administrative Official is hereby authorized to adopt administrative policies and procedures in order to administer the requirements of this section. The policies and procedures shall address the processing of proposed land division and development subject to the provisions of this section and shall set forth any necessary procedures and recording requirements for applicants to follow in order for their applications to be processed and recorded in an efficient maimer. Decisions of the Administrative Official relating to administration of the policies and procedures shall be final. Attachment #1 P a g e � 9 Amendments to the Unified Development Code §23.12.100, 22.04.310, 22.04,360, 23.04 Table 4, 23.08,020, 23.12.040