HomeMy WebLinkAboutResolution 00-033-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
RESOLUTION NO. 00- 33 -CC
ORDINANCE NO. 00- 33 -CC
AN ORDINANCE RE-ADOPTING INTERIM OFFICIALS CONTROLS
RELATING TO THE REASONABLE USE EXCEPTION, AND OTHER
MATTERS PROPERLY RELATING THERETO.
RECITALS:
WHEREAS, the Board of County Commissioners (Board) of Grant County, Washington
intends to fully comply with the orders of the Eastern Washington Growth Management Hearings
Board; and
WHEREAS, theBoard adoptedResolutionNo. 97-143-CC entitled, "AResolutionAdopting
Grant County's Work Plan for Continued Compliance with the Growth Management Act", and
Resolution No, 98-25-CC entitled, "Resolution Adopting GMA Work Plan/Critical Path Schedule,
Expressing An Intent To Approve Supplemental Budget To Complete Elements of Approved GMA
Work Plan, and Designating Review and Consideration of Additional Interim Measures"; and
WHEREAS, RCW 36,70A.390 empowers the Board with the authority to adopt interim
official controls to protect inteN al.ia., reasonable uses(s), without holding a public hearing on the
proposed interim official control ordinance/resolution; and
WHEREAS, Grant County adopted its GMA Comprehensive Plan on or about September
30, 1999; and
WHEREAS, Grant County is currently studying and preparing amendments to its zoning
code; and
WHEREAS, Grant County is currently drafting developmental regulations consistent with
itis GMA Comprehensive Plan; and
Interim Off'icial Controls - 1
CI V IL8\ORDINANC\INTERIM.OF2
WHEREAS, Grant County recognizes that uncoordinated and unplanned growth, together
with a lack of common goals expressing the public's interest in the conservation an the wise use of
lands located within its boundaries, pose a threat to the environment, sustainable economic
development and the health, safety and high quality of life enjoyed by residents of the County. It
further recognizes that it is in the public interest that citizens, communities, local governments, and
tha private sector cooperate and coordinate with one another in comprehensive land use planning.
WHEREAS, it is the purpose of this title to implement the goals of the Growth Management
Act, including but not limited to:
2
�
�
Encouraging orderly growth within Grant County;
Encouraging the most appropriate use of the land;
Protecting the natural environment;
Conserving and stabilizing the value of property;
Providing the desired levels of population density and intensity of land use,
Facilitating adequate provisions for community services and utilities, such as water
and sewage, electrical distribution systems, transportation, schools parks, and other
public requirements; and
7. Generally promoting and
general welfare; and
protecting the public health, safety, convenience, and
WHEREAS, in striving to achieve these goals, Grant County recognizes that it must respect
the limitations that private property rights, the Washington State Constitution and the United States
Constitution place on its regulatory authority. Thus, it is the purpose of this section to prevent
arbitrary and discriminatory government action by establishing a method by which private property
owners may avoid application of the Grant County Zoning Code where such application would effect
an unconstitutional taking of private property; and
WHEREAS, the Board previously adopted interim official zone controls relating to the
reasonable use exception in Ordinance/Resolution No. 98-157-CC, adopted on October 6, 1998; and
WHEREAS, the Board adopted Ordinance/Resolution No. 99-46-CC on Apri15, 1999, re-
adopting the ordin�nce relating to the reasonable use exception; and
WHEREAS, the Board adopted Ordinance/Resolution No. 99-176-CC on November l,
1999; and
WHEREAS, the Board desit�es to extend the protections and interim official controls in
Ordinance/Resolution No, 99-176-CC, for an additional six (6) months, pursuant to RCW
36,70A.390,
Interim Official Controls - 2
CI V IL 8\ORDINANC\INTERIM.OF2
NOW THERCFORE, THE GRANT COUNTY BOARD OF COMMISSIONERS DU
HEREBY ORDAIN AND RE-ESTABLISH THE INTEItIM OFFICIAL ZONE CONTROLS
RELATING TU THE REASt3NABLE USE EXCEPTION IN ORDINANCEIRESOLUTION
NO. 99-17G-CC, ADOPTED ON NOVEMBER 1, 1999, AS FOLLOWS:
Section I. Reasonable Use Exception
A. Generally, nothing in this Crran� Gounty Zoning Cade is intended to deny a fundamental
attribute of private property awnership or ta deny all economically viable use of property.
B. Applicability of the Reasoilable Use Exception:
1. A l�ndownerlapplicant may apply for a reasonable use exception pursuant to the
section if the landownerlapplicant has reason to believe that the applic�.tion of Grant
County Zoning Code denies any fundamental attribute of private property ownership
incansistent with the limitations upon other properties in the zone in which the
property is situ�ted;
2. A landowner/applicant may apply for a reasonable use exception pursuant to this
subsection if the landawnerlapplicant has reasan to believe that the application ofthe
Grant County Zoning Code denies a11 econamically viable use of private property as
a whole or creates a severe impact on a Iandownar's/applicant's ecanamic interest
in ihe property as a whc�le;
C, The �pplication far a reasonable use exception shall include aIl ofthe following information;
A description of site, and a descriptian of the areas of the site which do not canfarm
to the regulatory requirements of the ordinance fram which the applic�nt seeks
reasonable use exception; and
2. A description ofthe proposed development, including a site plan; and
3. An analysis af the modification needed to the standards afthe ardinance from which
the applicant seeks the reasanable use exception to accommodate the proposed
development; and
4, Such ather informatian as the Caunty deterniines reasonable necessary tc� evaluate
the issue of reasonable use as it relates ta the proposed development including, but
not limited to, the information required by the Reasonable Use Exception Submittal
requirements' checklist.
D. Upon a finding that the required fee has been paid and the application is complete, the
I?irector of the Cammunity Development atld/or designee shall prepare a� recommendation
Interim Official Controls - 3
CIV ILS\ORDINANC\TNTF,RIM, Oi'2
to the Pianr�ing Commission,
E, The Planning Commission shall review the re�sonable use exception application and shall
conduct an open record public hearing pursuant to the Local Project Permit Review
Ordin�nce. The Planning Commission shall make a recommendatian to the Baard of Grant
County Cornrnissioners. The duties and responsibilities of the Planning Commission and the
Baard of Grant County Cominissioners may be delegated to a hearing ex�rrainer pursuant to
the applicable provisions of the Local Project Review Orc�inance.
The Board of County Commissioners shall make a final decision as to whether the
reasonable use exception vvill be granted based upon the fallowing criteri�:
Whether the application of the C-rant County Zoning Code wauld prahibit all
economically viable ar beneficial uses af the property, absent a demonstration by the
county that the proposed use(s} �re prohibited by the l�ws of nuisance or otlaer pre-
existing limits on the praperty wliich prohibit such use(s); and
2. Whether there are no other reasonable uses to which the property can be put; and
3. Whether the prapased use po�es ar� unreason�ble tl�reat ta the harm saught to e
�.voided by the applicatian af the Grant county Zoning Code, or to ihe public health,
safety or welfare on or off the exception site; and
4. Whether the in�bility of the applicant to derive reasonable use of the property is the
result of actions by the applicant in subdividing the praperty or adjusting a boundary
line thereby creating the undevelopable condition after the effective date of this
ordinance; and
5. Whether the use exception is the minirnum necessary to allaw for re�sonable uses af
the prope��ty; and
6, Whether such use is consistent with the general purposes of the Grant County Zoning
Code and the public interest,
F. A landowner/applic�nt who satisfies one or more of the criteria outlined in Section B, above,
may apply for a reasonable use exceptian, withaut first applying for � variance, only if the
requested reasonable use exception includes relief fram standards for which a variance
cannat be gr�nted.
G. A reasonable use exceptian permit �pplication is a Type III process fox the purpose of Grant
County's Local Project Review Ordinance.
Interim Official Controls - 4
CI V IL8\ORllINl�NC\TNT73RIM.OF2
Section II. Combined Review Authority
In those cases where a proposed action seeking a variance also requires other county permits, the
following procedures will apply:
A, When other permits require a public hearing before the Planning Commission, the review of
the reasonable use exception shall be combined with the other permit(s); or
B. When other permits are administratively approved, review of the reasonable use exception
may, at the Planning Commission discretion, be combined with other permits. In no case,
however, shall approval of other permits dependent on the granting of a reasonable use
exception by the Board of Grant County Commissioners/Hearings Examiner,
C. In all cases of combined review, the most restrictive provisions for notification and
processing shall govern the review of the reasonable use exception request.
NOW TFIEREFORE, BE IT FIEItEBY RESOI,VED THAT THE GRANT COUNTY
COMMISSIONERS adopt this ordinance to �ake effect immediately, for the preservation of
reasonable use(s) during the time period required to prepare and adopt an updated a new Zoning
Code �nd developmental regulations implementing Grant County's GMA Comprehensive Plan, and
these interim official controls shall be in full force and effect to the earlier of six months from the
date of adoption of this resolution/ordinance by the Board of Grant County Commissioners, or the
adoption of new zoning code and developmental regulations..
DATED this 1�� day of April, 2000.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
.
,
LeRoy C. lison, Member
ATTEST:
�,
Clerk o Board
Interim Official Controls - 5
CI V ILS\ORDINANC\INTERIM.OF2