HomeMy WebLinkAboutResolution 00-114-CCBOARD OF COUNTY COI�IMISSIONERS
GRANT COUNTY, WASHINGTON
ORDINANCE NO. 2000-�14-Cc
An Ordinance Relating to Adoption of a Unified Development Code for Grant County
in Accordance with the Washington.State Growth Management Act (RCW 36.70A) and
the State Environmental Policy Act (SEPA, Chapter 43.21.0 RCV�; and Rescinding
Conflicting Ordinances, Resolutions and Codes.
WHEREAS, in 1990 the Washington State Legislature passed and the Governor signed into law the
Growth Management Act (GMA) as contained in SHB No. 2929 (Washington Laws, 1990 15f Ex. Sess.,
Ch.17), which was subsequently codified as, among other chapters, Chapter 36.70A RCW; and
WHEI�AS, Chapter 36.70A RCW required Grant County to adopt a comprehensive plan and
development regulations that are consistent with and implement the comprehensive plan; and
WHEREAS, on September 30, 1999, the Grant County Board of Commissioners adopted Ordinance No.
99-158-CC, adopti�g the Grant County Comprehensive Plan together with the integrated Draft
Environmental Impact Statement and the Final Environmental Impact Statement; and
WHEREAS, the Grant County Comprehensive Plan is intended to, among other things, direct and
prepare for future growth and devalopment in the County;
WHEItEAS, implementation of the Comprehensive Plan is essential to direct the future growth and
development of the County in a manner consistent with the Comprehensive Plan's goals, objectives,
policies, land use designations, future land use map and mapping criteria; and
WHEItEAS, the general purpose of the adoption of development regulations is to implement the goals and
policies of the Crrant County Comprehensive Plan and to:
1. Encourage land use decision-making in accordance with the public interast, protec�ion of private property
rights and the public good, and applicable laws of the State of Washington;
2. Protect the general public health, safety, and welfara;
3. Implement the Crrant County Comprehensive Plan goals and policies through land use and other regulations;
4. Provide for the economic, social, and aesthetic advantages of orderly development through harmonious
groupings of compatible and complementary land uses and the application of appropriate development
standards;
5. Provide for adequate public facilities and services in conjunction with development; and
6. Promote general public safety by regulating development of lands containing physical hazards and to
minimize adversa environmental impacts of development; and
WHE1tEAS, current Grant County ordinances pertaining to land division, zoning, environment, and
administration of developrnent regulations are not, in eveiy case, consistent with State law and the Crrant
County Comprehensive Plan; and
WFIEREAS, integration of revised regulations consistent with State law and the Grant County
Comprehensive Plan into a unified development code will simplify administration and promote ease of
use by developers of land in Grant County; and
WHEREAS, beginning in January 2000, the Grant County Planning Commission initiated a thorough
review of all existing County ordinances relating to land development in Grant County: to update their
Grant County Board of Coinmissioners
Ordinance No.
Page 2
contents; incorporate State mandated regulatory reform process initiatives; and achieve consistency with
State law and the Comprehensive Plan; and
WHEI�AS, the Grant County Department of Community Developrnent formulated an advisory
committee that included agency representatives, land development professionals, representatives of
groups having a special interest or expertise in land development, zoning, or environmental protection, to
prepare draft text, proposed modifications and recommendations to the Grant County Planning
Commission of certain chapters of the Unified Development Code; and
WHEI2EAS, the Grant County Department of Community Development, in consultation with its advisory
cornmittee, produced a final draft Unified Development Code, consisting of revisions and/or additions to the
following chapters of the Grant County Code: Tit1e 22 Subdivisions and Plats, Chapters 22,04 Land Division;
Title 23 Zoning, Chapters 23.04 Zoning Districts, 23.08 Perfonnance and Use Standards, and 23.12
Development Standards; Title 24 Environment, Chapters 24.04 State Environmental Policy Act, 24.08 Critical
Areas and Resource Lands, 24.12 Shorelines, and 24.16 Flood Damage Prevention; Title 25 Administration of
Development Regulations, Chapters 25,01 General Provisions, 25.02 Definitions, 25,04 Project Permit Review
Procedures, 25.08 Conditional Uses and Variances, 25.12 Legislative Actions, 25.16 Enforcement and
Penalties, 25.20 Concurrency, and 25.24 Mitigation and Impact Fees; and
WHEREAS, the Crrant County Planning Commission relied upon best available data and science in
developing a final draft Unified Development Code; and
WHEREAS, in March 2000, the Grant County Department of Community Development notified the
public of the process and schedule for preparation and public review of the Draft Unified Development
Code through the mailing of the GMA newsletter, the Grant County Slzyline to more than 1,000 citizens
and agency representatives; and
WHEREAS, free copies of draft development regulations were provided at public hearings, mailed or
distributed to agencies, citizens, and interest groups, and placed on the Grant County web site for review; and
WHEREAS, Notice of Proposed Adoption of the Uni�ed Development Code was given to State agencies
on March 13, 2000, and, pursuant to SEPA (RCW 43,21C.030(2)(c)), a Notice of Determination'Of
Significance and Adoption Of Existing Environmental Documentation was given on March 13, 2000; and
WI�+ REAS, the Crrant County Planning Commission completed an extensive public review process that
meets or exceeds the requirements of Grant County Resolution establishing Grant County GNowth
Management Act (GMA) Public Participation PNogi^am pursuant to RCW 36.70A.020(11) and RCW
36.70A.140; and
WFIEREAS, the Crrant County Planning Commission compiled an extensive public record, including studies,
documents, and correspondence, that was carefully considered during review of the Draft Unified
Development Code; and
WHEREAS, the Grant County Planning Commission, having carefully considered the written and oral
testimony of the public, agencies, recommendations from staff, changes proposed by the advisory
committee, changes proposed by Planning Commission mennbers in its deliberations, did revise the Draft
Unified Development Code consistent with the Comprehensive Plan's goals, objectives, policies, land use
designations, future land use map and mapping criteria; and
Grant County Board of Comrnissioners
Ordinance No.
Page 3
WHEREAS, the Grant County Planning Commission, having sufficiently considered the matter, adopted
a motion on July 11, 2000 recommending that the Board of County Commissioners adopt the Draft
Unified Development Code, together with the attached findings of fact; and
WHEREAS, upon public notice, the Board of Grant County Coinmissioners conducted an open record
public hearing on August 7, 8 and 9, 2000, to consider the reeommendations and findings of fact of the
Grant County Planning Commission along with other public comment partaining to the Draft Unified
Development Code; and
WHEREAS, upon public notice, the Board of Crrant County Commissioners conducted closed record public
worlcshops on August 24, 25, 28, 30, and 31, 2000, in the Commissioners Public Hearings Room where they
reviewed and considered both the Ju1y 11, 2000 final recommendations and the complete record provided by
the Grant County Planning Commission as well as the public testimony and written comment provided on the
Cornprehensive Plan during their August 7, 8 and 9, 2000 open record hearings; and
WHEI2�AS, the Board of Grant County Commissioners considered the entire hearing record including
the Planning Commission's recommendation, and written and oral testimony submitted during the
Commissioner's hearings; and
WIiEREAS, the Unified Development Code has been reviewed by affected State and local agencies and
found, generally, to be in compliance with the requirements of the GMA and other pertinent State law; and
WHEREAS, the comments and correspondence provided by affected State and local agencies has been
considered during review of the Unified Devalopment Code; and
WHEREAS, to meet the requirements of RCW 43.21 C.030(2)(c), Grant County, acting through its
Responsible SEPA Official, adopted the Grant County Comprehensive P1an/Draft Environmental Impact
Statiement and Final Environmental Impact Statement, all of which wera reviewed and considered by the
Grant County Planning Commission, as being appropriate for the environmental revie� needs of the
proposed adoption of the Unified Development Code; and
WIIEREAS, a number of pre-existing development regulations and ordinances that conflict with the Unified
Development Code should be rescinded or modified to avoid conilict or confusion; now therefore,
IT IS HEREBY ORDAINED that the Board of Crrant County Commissioners adopts the
recommendations and findings of fact of the Crrant County Planning Commission Recorded Motion da'ted
July 11, 2000, attached as Exhibit E, except as modified or supplemented in the annexed Additional
Findings of Fact; and
BE IT I+'URTHER ORDAINED that the Board of Grant County Commissioners adopts the Grant
County Unified Development Code and the Official Zoning Map, dated September 19, 2000; accepts the
Grant County Comprehensive Plan/Draft Environmental Impact Statement and Final Environmental
Impact Statement as meeting the environmental review needs for the Uni�ed Development Code; adopts
the attached Additional Findings of Fact and Conclusions of Law; accepts the attached record compiled
by the Grant County Planning Commission; and accepts the attached record compiled by the Board of
Grant County Commissioners.
BE IT FURTHER ORDAINED that the Board of Crrant County Cotnmissioners rescinds and repeals in
their entirety all conflicting ordinances and resolutions including, but not limited to, the following:
1. Crrant County Zoning Ordinance, date unknown;
2. Airport Zoning Ordinance, date unlrnown;
Grant County Board of Comrnissioners
Ordinance No.
Page 4
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Resolution No. 88-2-CC, Binding Site Plan Ordinance, dated October 3, 1984;
Flood Damage Prevention Ordinance, dated rebruaiy 13, 1989;
Ordinance No, 90-92-CC, Resolution No. 90-92-CC, Right to Farm Ordinance, dated September 10, 1990;
Ordinance No. 91-127-CC, Short Term R.V. Park, dated September 24, 1991;
Ordinance No. 92-98-CC, Extended Use R.V. Parlc, dated July 14, 1992;
Ordinance No. 92-110-CC, An Ordinance Relating to Residential Recreational Vehicle Parlcs, dated
September 8, 1992;
Ordinance No, 93-49-CC, Resource Lands and Critical Areas Development Ordinance, dated May 23,
1993;
Ordinance No. 95-60-CC, Crrant County S�PA Ordinance, dated May 1995; .
Ordinance dated November 4, 1996 rescinding portions of Section V(B)(8) of the Crrant County Zoning
Ordinance (Segregations);
Ordinance dated November 4, 1996 rescinding Exemption No. 4 and portions of Exemption No. 7 under
section 2 of the Grant County short plat ordinance (Farmsteads);
Ordinance dated November 5, 1996 adopting new section of Crrant County short plat ordinance (Section
42);
Ordinance No. 97-39-CC dated March 25, 1997 (interim residential zoning density regulations);
Ordinance No. 97-150-CC, dated September 23, 1997 re-adopting interim residential zoning density
regulations;
Ordinance 97-190-CC, An Ordinance Relating to Short Plat and Short Subdivisions, dated November 25,
1997;
Ordinance No. 97-191-CC, Platting and Subdivision Ordinance, dated November 25, 1997;
Ordinance No, 97-192-CC, Local Project Permit Review Ordinance, dated November 25, 1997;
Ordinarice No, 98-18-CC, An Ordinance Regarding a Public Interest Detarmination Affecting
Development of Land within the Unincorporated Areas of Crrant County, dated February 10, 1998;
Ordinance No. 98-29-CC dated March 24, 1998 re-adopting interim residential zoning density regulations;
Ordinance No. 98-32-CC dated March 24, 1998 prohibiting commercial, industrial and residential zones
within tha Agricultural Dis�rict;
Ordinance No. 98-36-CC dated Apri17, 1998 adopting legal non-conforming use ordinance;
Ordinance No. 98-37-CC dated Apri17, 1998 adopting Interim Official Controls in Agricultural District
protecting agriculturallands from urban development;
Ordinance No. 98-38-CC dated Apri17, 1998 adopting reasonable use exception requirements;
Ordinance No. 98-144-CC dated September 25, 1998 re-adopting interim residential zoning density
regulations;
Ordinance No. 98-145-CC dated Septiember 23, 1998 re-adopting Interim Official Controls in Agricultural
District protecting agricultural lands from urban development;
Ordinance No. 98-157-CC, Interim Official Cont�ols Relating to Reasonable Use Exception, dated
October 6, 1998 and extended by Ordinance No. 99-46-CC, dated April, 1999;
Ordinance No, 98-174-CC, An Ordinanca Establishing Regulation Governing the Siting of Wireless
Control Towers, Antennas, Related Apparatus and St�uctures, for Wireless Communications Systems,
Resolution No. 98-174-CC, dated November 2, 1998;
Ordinance No. 99-39-CC dated March 23, 1999 re-adopting interim residential zoning density regulations;
Ordinance No. 99-40-CC dated March 23, 1999 re-adopting Interim OFiicial Controls in Agricultural
District protecting agricultural lands from urban development;
Ordinance No. 99-45-CC, Resolution No. 99-45-CC, re-adopting Interim Official Controls in Agricultural
District protecting agricultural lands from urban development;
Ordinance No. 99-154-CC dated September 27, 1999 re-adopting interim residential zoning density
regulations; and
Ordinance No. 99-155-CC dated Septembar 27, 1999 re-adopting prohibitions commercial, industrial and
residential zones within the Agricultural Dist�rict.
Grant County Board of Commissioners
Ordinance No,
Page 5
34. Ordinances adopting changes to the Zoning Code, SEPA ordinance, and Shoreline Master Program to
conform to changes to the several laws of the state;
BE IT FURTHER ORDAINED that if any provision or provisions of this ordinance or its application to
any person or circumstance is held to be invalid, the remainder of this ordinance or the application of the
provision to other persons or circumstances shall not be effected,
BE IT FITRTHER ORDAIlV�D, that all prior ordinanees, resolutions and/or regulations rescinded and/or
repealed by the adoption of this ordinance, are hereby expressly revived in the event that Cn�ant County Unified
Development Code and Official Zoning Map are at any time hereafter declared in their entirety to be invalid or
of no effect by a reviewing body with jurisdiction, pursuant to RCW 36.70A.302(4).
BE IT FURTHER ORDAINED tha� the effective date of the Grant County Unified Development Code
is October 1, 2000.
BE IT FURTHER ORDAINED that this Ordinance is applicable to develo�ment applications
determined by the County to ba technically complete on or after the effective date of this Ordinance.
BE IT FURTHER ORDAINED that the Board of Grant County Commissioners directs ihe Director of
the Grant County Departrnent of Community Development to provide copies of the Unified Development
Code to the Department of Community Development, Trade and Economic Development (DCTED) and
to other agencies as may be required by law no later than October 1, 2000, and publish a Notice of Action
Talcen in newspapers of record and the SEPA Register.
BE IT FURTHER ORDAINED that the Board of Grant County Commissioners adopts all recitals
herein as findings of fact in support of this action.
PASSED by the Board of Grant County Commissioners in regular session at Ephrata, Washington, by the
following vote, then signed by its membership and attested by its Clerlc in authorization of such passage
this a.�� da� of ��,a-��,m,bf�t.._, , 2000.
_Q�_ YEA;
NAY; ABSTAIN; and _�_ ABSENT.
BOARD OF GRANT COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
�
Deborah Moore, Chairperson
L Roy A h n, Commission r ATTEST:
Tim Snead, Commissioner
� `
Peggy G ig �
Clerlc of the Board
GRANT COUNTY UNIFIED DEVELOPMENT CODE
BOARD OF COUNTY COMMISSIONERS
ADDITIONAL FINDINGS OF FACT
Section 1— General Findings
1.1 The Grant County Board of Cominissioners has, or inay, adopt interiin zoning pursuant to RCW
36.70A.390 for certain zoning dist�icts speciFied in the Unified Development Code, Such interim
zoning may alter the densities specified in GCC Title 23 and/or prohibit issuance of developinent
permits within certain zoning districts. Such interim zoning provisions may afFect the following
zoning dist�icts: Rural Lands: Rural Residential 2(RR2) and Rural Residential3 (RR3); and all
zoning dis�ricts classified as Rural Activity Centers.
Section 2— Unified Development Code Public Participation
2.1 The Board ot' Crrant County Commissioners conducted open record public hearings on the proposed
Unified Development Code on August 7, 8 and 9, 2000, in Coulee City, Royal City and Ephrata,
respectively. The deadline for oral and written testimony was extended several tiines from its original
deadline of August 9, 2000, to a final deadline of August 23, 2000.
2.2 Draft chapters of the Unified Development Code were made available for ptrblic review prior to and
during the hearings. Draft chapters were also made available at closed record public workshops
conducted on August 24, 25, 28, 30, and 31, 2000. The draft Unified Development Code was placed
on Grant County's Internet web site, and a copy was provided to each city and town of Grant
County.
2.3 Interested persons were provided an ample opportunity to comment on the proposed Unified
Development Code during the public review process. The County has met, or exceeded, the
requireinents for enhanced public participation as delineated in Board of County Commissioners
Resolution Grarzt Coz�nty Gr^owth Management Act (GMA) Publzc Participation PT^ogra�n and WAC
365-195-600.
2.4 The Board of Crrant County Commissioners finds that the public has had full opportunity to provide
meaningful comments on proposed development regulations.
2.5 The Board of Grant County Cominissioners finds that it has thoroughly considered the hearing
testimony in the record as listed in the recitals and documented in Exhibits C and D. The Board of
Grant County Commissioners conducted extensive deliberation at five public worlcshops regarding
testimony received, their understanding of the GMA requirements, the adopted comprehensive plan
and future land use map, draft unified development code chapters, draft official zoning inap, Draft
and Final Environmental Impact Statements, and recominendations from the Planning Commission,
state agencies, citizens and County staff.
Section 3— GMA and SEPA Procedural Coritpliance/Environmental Protection
3.1 Environmental review has been conducted on the draft Unified Development Code in compliance
with procedural and substantive requirements of Crrant County SEPA Ordinance No. 95-60-CC, RCW
43.21.C, and Chapter 197-11 WAC. Grant County issued a Determination of Significance and Notice
of Adoption of Existing Environmental Documentation on March 13, 2000, which was dis�ributed,
posted, and published in accordance with the requirements of Grant County Ordinance No. 95-60-CC,
WAC 197-11.
Grant County Board of Commissioners
Findings of Fact
Page 2
3.2 The Grant County SEPA Official determined that the Environmental Iinpact Statement prepared for
the Coinprehensive Plan as sufiicient and appropriate to consider the impacts oI'the proposal to
adopt a unified developinent code. The Draft and rinal Environmental Impact Stateinents adopted
for the purpose of environmental review of this proposal have been considered by the Board of Grant
County Coininissioners during review of the Unified Development Code.
3.3 Board oi Grant County Commissioners hearing and worlcshop notices were mailed to a list of inore
than 300 individuals and agencies, faxed to area radio stations and newspapers, published in the
Columbia Basin IIerald, Grant County Journal, Royal Review, Coulee City Naws-Standard, Crrand
Coulee Star, Tri-City Herald, Quincy Post Register, and Wenatchee World newspapers, and were
posted in all public libraries and post offices in the County. The details of these public notice efforts
are included within the attached record.
3.4 Crrant County issued a notice of its intent to adopt the Unified Development Code, providing ample
time for the public and state and local agencies to comment on the Unifiad Development Code
documei�ts.
3.5 The Board of Grant County Cominissioners compiled the following public record during its review
of the draft Unified Development Code:
1) Draft Unified Development Code Chapters.
2) Crrant County Planning Coirunission Recorded Motion, dated July 11, 2000, including Exhibits
A through E.
3) Affidavit of Posting Public Hearing Notice in Grant County liUraries, Post Of�ces, and County
offices.
4) Affidavit of publication of the PuUlic Hearing Notice in the Columbia Basin Herald, Grant
County Journal, Royal Review, Coulee City News-Standard, Grand Coulee Sta�, Tri-City
Herald, Quincy Post Register, and Wenatchee World newspapers.
5) Sign in sheet and transcript of public testimony of public hearing on August 7, 2000 to receive
public testimony on the Unified Development Code.
6) Sign in sheet and �ranscript of public testimony of public hearing on August 8, 2000 to receive
public testimony on the Unified Development Code.
7) Sign in sheet and transcript of public testimony of public hearing on August 9, 2000 to receive
public testimony on the Unified Development Code.
8) Sign in sheet and transcript of public warlcshop on August 24, 2000 to deliberate on the Unified
Developinent Code. -�
9) Sign in sheet and transcript of public worlcshop on Augtist 25, 2000 to deliberate on the Unified
Development Code.
10) Sign in sheet and t�anscript of public workshop on August 28, 2000 to deliberate on the Uni�ed
Development Code.
11) Sign in sheet and �ranscript of public worlcshop on August 30, 2000 to deliUerate on �he Unified
Development Code.
12) Sign in sheet and transcript of public worlcshop on August 31, 2000 to deliberate on the Unii"ied
De�elopment Code.
13) The Unified Development Code written public record Items No. 1 through 31D, listed in ExhiUit
C and reproduced in ExhiUit D.
3.6 The Grant County Board of Cominissioners finds that it has thoroughly considered the hearing
testiinony in the record as listed in the recitals above and documented in �xhibits C and D, listing
the various methods for advertising the hearings, malcing documents available, and providing
worlcshops for agencies, individuals and interest groups to be heard.
Grant County Board of Commissioners
Findings of Fact
Page 3
Section 4 — Land Division
4.1 The Draft Uni�ed Development Code, Title 22, Chapter 22.04, Section 080 (22.04.080) includes
provisions requiring the Grant County Treasurer to review all land sales to prevent recording of any
conveyance in violation of Title 22. The public record co�npiled by the Grant County Board of
Cominissioners includes written testimony from Darryl Pheasant, Grant County Treasurer, indicating
that this provision represents a signi�cant burden on his office staff, and that similar provisions have
proved adininistratively difficult in other jurisdictions. The Grant County Board of Cominissioners
finds the adininis�rative burden of Section 22.04.080 to outweigh the potential bene�t, and directis
deletion of said section.
4.2 Historic plats are those that were platted prior to enactment of a new State platting code in 1969
(Laws of 1969, Ex. Sess., Chapter 271, Codified as Chapter 58.17 RCW). Historic plats are often
referred to as "paper plats," because many have never been developed. Many of these historic plats
are comprised of very small lots, often too small to construct a house to meet current land use laws,
sLtch as zoning requireinents, on-site septic, and other land development requirements. In Grant
County, there exist a number of historical plats, inany of which are undeveloped and others that are
partially developed.
Pursuant to Finding of Fact No. 4,2 in Grant County Ordinance No. 99-158-CC, the Grant County
Board of Cominissioners finds it necessary to adopt developinent regulations establishing standards
for development of historic plats, substantially in the form included as Exhibit F.
4.3 The Crrant County Board of Commissioners desires to promote flexibility in applying the provisions
of RCW 58.17 regarding short subdivisions, which allows the segregation of land into Short
Subdivisions of up to nine (9) parcels. The Grant County Board of Commissioners finds that the
proposed division of up to four (4) lots Ue changed to nine (9) lots.
4.4 The public record compiled by the Grant County Boaxd of Commissioners includes written testimony
from Darryl Pheasant, Crrant County Treasurer, indicating that the provisions of Section 22.04.410 do
not accurately convey the requirements of state law regarding collection of taxes on the conveyance
of real property, The Grant County Board of Commissioners finds that the text of Section
22.04.410(11) shall be deleted in its entirety and replaced with the following:
"A Grant County Treasurer's certificate indicating that all taxes and delinquent
assessments for which the property(ies) within the subdivision may be liable have been
duly paid, satis�ed or discharged plus any advance tax that may be owing in accordance
with RCW 58.08.040;"
4.5 The Grant County Board of Commissioners recognizes that past land division practices ii� Grant
County have resulted in creation of a number of vacant, undeveloped parcels that may not conform to
the requirements of the Uni�ed Developinent Code. Many of these lots were created through
segregations exeinpt fiom subdivision laws. The Grant County Plazlning Department has conducted
an inventory based on Grant County Assessor records of said lots in order to prepare development
regulations that control future development of nonconforniing legal lots of record, preserving the
public interest yet recognizing private property rights and the invest�nents its citizens have made in
property acquisition and development. The inventory results, including mapping exhibits, are
included in �xhibit K.
Grant County Board of Commissioners
Findings of Fact
Page 4
Based on the results of this inventory, the Grant County Board of Commissioners find that the
requirements of Section 22.04.065 regarding public interest determination affecting development of
land, Section 22.04.160 regarding development of legally created lots, Section 23.04.100 regarding
nonconforming lots of record, and Section 23.04.105 requiring lot consolidation, result in a
reasonable balance of protection of the public interest and allowance of private property rights.
Section 5 — Zoning
5.1 The Grant County Board of Commissioners finds that temporary placement of a t�railer, mobile home,
inanufactured home, or recreational vehicle adjacent to an existing residence to provide temporaiy housing
for not inore than six (6) months while for the care of a terminally ill relative shall include provision for
extension oI'this period for no more than one additional six inonth term, and that Section 23.04.120 be
revised accordingly.
5.2 The Grant County Board of Commissioners finds that, while teinporary s�ructures shall be reinoved
upon termination of a temporary permit, and the site shall be restored to existing conditions prior to
occupancy of the temporary use, cons�ruction pads and Foundations intended to support structures
that will be permitted to be occupied at a later date, such as seasonal temporaiy farm labor camps,
shall be allowed to remain and that Section 23.04.120 be revised accordingly.
5.3 The Grant County Board of Commissioners finds that the provisions for site plan review of Section
23.04.140 shall be applied, in addition to those zoning districts included therein, to the following
zoning districts:
(1) Urban Heavy Industrial (UHI);
(2) Rural General Commercial (RGC);
(3) Rural Neighborhood Commercial (RNC);
(4) Rural �'reeway Commercial (RFC);
(5) Rural Light Industrial (RLI); and
(6) Rural Heavy Tndustrial (RHI).
5.4 The Grant County Board of Coinmissioners finds that tl�e use provisions for the Urban Heavy
Indus�rial and Urban Light IndustYial zoning dis�ricts are too res�rictive, and should promote more
flexibility in the types of industrial and cominercial uses allowed. Specifically, said zoning districts
shall allow liinited commercial uses which are most appropriately located as neighbors of industrial
uses or that are necessary to service the immediate needs of people in these areas. The Crrant County
Board of Commissioners finds that Sections 23.04.260 and .270 shall be revised to the form included
as �xhibit G.
5.5 The Grant County Board of Commissioners finds that the use provisions for the Agricultural zoning
dis�rict shall include the following use, subject to a discretionaiy use permit:
"Manufacturing or industrial uses that are agriculturally-related, including but not limited
to, farm, irrigation or pump equipment repair, it�rigation assemUly and storage, and
similar uses."
5.6 The Grant County Board of Cominissioners finds that the zoning provisions regarding the Airport
Safety Overlay zoning district specified in Section 23.04.645 shall also apply to the Desert Aire
Airport.
Grant County Board of Commissioners
Findings of I'act
Page 5
5,7 The Grant County Board of Commissioners finds that the development standard for Planned Unit
Developments limiting density when overlaying more than one zoning district to the most restrictive
zoning dis�rict as specified in Section 23.04.800(0)(4) is too restrictive. Said section shall be deleted
in its entirety and replaced with the following:
"Density: The dwelling unit density for a PUD shall conform with the requireinents for the
underlying zoning district(s). Where a PUD overlays more than one zoning distY-ict, the
number of allowable dwelling units shall be computed separately for each zone and suiruned
to obtain a total. For example, if a PUD overlays an area consisting of ten (10) acres of Rural
Residential 1(with an allowable density of 1 dwelling unit per 5 acres) and ten (10) acres of
Rural Residential2 (with an allowable density of 1 dwelling unit per 21/2 acres), the allowable
density shall be calculated as follows:
10 acres x 1/5 DU/acre = 2 DUs
10 acres x 1/2.5 DU/acre = 4 DUs
� 20 acres 6 DUs .
A total of 6 Dwelling Units would be allowed on the total of 20 acres."
5.8 The Grant County Board of Commissioners finds that soine of the allowable land uses for the
various zoning district as specified in Tables 3, 4 and 5 of Chapter 23.04 are not fu11y consistent with
the text of Chapter 23.04 and/or the policies of the Comprehensive Plan. The Board of
Commissioners find that Tables 3, 4 and 5 shall be deleted in their entirety and replaced with those
included herein as Exhibit H.
5.9 The Grant County Board of Commissioners finds that the allowance of caretalcer residences as an
accessory use to the principal use of a s�ructure shall be limited to the number required to provide
care and security, and shall be reasonable and customary for the associated industzy, as determined
by the Adminis�rative Official. Section 23.08.020 shall be revised appropriately.
5.10 The Crrant County Board of Commissioners finds that provisions of 23.08.020 regarding outdoor
storage of not more than two unlicensed or inoperable vehicles shall not apply to agriculturally
related equipment. Section 23.08.020 shall be revised appropriately.
5.11 The Grant County Board of Cominissioners finds that provisions of 23.08.040 regarding airfields
and airstrips is too restrictive and may inappropriately and undesirably impact agricultural-related
operations associated therewith. The Grant County Board of Comtnissioners finds that all text of this
section shall be deleted and the section reserved until an advisory committee has been assembled and
clevelops an alternative regulation for consideration by the Board.
5.12 The Grant County Board of Commissioners finds that parlcing and storage areas for cominercial uses
need not be paved.
5.13 The Grant County Board of Commissioners finds that several size liinitations are inappropriate, and
direct the following changes:
(1) Automobile Wrecicing Yards and Salvage Yards shall not exceed five (5) acres;
(2) Cemeteries need not be limited to two acres;
(3) Convenience stores and car washes need not be limited to 4,000 square feet; and
(4) The total building area on a property devoted to cottage industries shall be limited to not more
than two thousand (2,000) square feet.
Grant County Board of Commissioners
Findings of Fact
Page 6
5.14 The Grant County Board of Commissioners finds that rest�ictions regarding the number of head of
mature hogs is too restrictive, and that all specifications of five (5) inature head of hogs shall be
changed to twenty (20) head.
5.15 The Grant County Board of Coinmissioners finds that the industY•ial standards of Section 23.08.230
overly restrict both odor and illumination beyond the property line for the types of agricultural
activities that routinely occur. The Grant County Board of Commissioners finds that odor beyond the
property line of the use emitting the odor shall be controlled to the greatest extent practicable, as
may be usual and custoinary for the specific use or industry; and that lighting shall be directed away
from adjoining properties to the greatest extent practicable.
5.16 The Grant County Board of Commissioners finds that performance standards for Outdoor
Commercial Amuseinent racilities are inadequate and direct that the text of 23.08.270 be deleted in
its entirety and replaced with the following:
(a) The following standards shall apply to all outdoor commercial ainusement facilities:
(1) Outdoor commercial amusement facilities shall be located so as to protect adjacent properties
from adverse impacts. Where the proposed use can reasonably be expected to have adverse
iinpacts on adjacent properties, and where existing ground cover, such as trees or shrubs, will
not provide an adequate buffer between the use and adjoining properties, screening or fencing
shall be required;
(2) Access to such uses shall be only from full width roads, which shall Ue paved or surfaced in
accordance with the County Engineer's specifications;
(3) Parlcing shall be provided as specified in GCC § 23.12.130;
(4) Safe access from parlcing areas to amusement areas shall Ue provided by means of wallcways
or other suitable facilities; and
(5) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smolce, odor, or electrical interfarence to the detriment of adjoining property.
5.17 The Grant County Board of Commissioners finds that performance standards for Major
Cainpgrounds are inadequate and direct that the text of 23.08.290 be ainended to add the following:
"Major Cainpgrounds: The following standards shall apply to Major Campgrounds, including
Destination Campgrounds, Developed Cainpgrounds having more than fiFty (50) cainping sites,
Institutional Campgrounds, and temporary or permanent Festival Campgrounds:
(1) No st�•ucture or eamp site shall be located closer than ten (10) Peet to any lot line;
(2) Visual screening, increased setbacic, increased lot size, and other conditions inay Ue required talcing
into account safety, noise, and odor factors;
(3) If the facility is to contain food service facilities or is intended to be used for exhibitions, sliows, or
Teinporary Outdoor Festivals, additional parlcing shall be provided as required;
(4) Allowable accessory improvements may include facilities for;
(A) Piclmicicing;
(B) Showering ar Bathing;
(C) Sports and recreational activities; and
(D) Convenience stores having a gross area of less than 500 square feet and not providing vehicle
fueling."
5.18 The Grant County Board of Commissioners finds that performance standards for Residential Care
Facilities and Nursing Hoines shall be expanded to include all Health Care Facilities, including
alcoholism/suUstance abuse treat�nent facilities, hospices, hospitals, psychiatric hospitals,
convalescent or nursing homes, ambulatory surgical facilities, and sanitariums.
Crrant County Board of Comrnissioners
Findings of Fact
Page 7
5.19 The Grant County Board of Commissioners finds that performance standards regarding duration for
Teinporary Outdoor Events and Teinporary Festivals is not clear, and that the threshold for duration
should Ue defined as four (4) weelcs, cumulatively, out of any 12-month period. For the purposes of
this section, each weelc during which the temporary festival operaties for two or more days shall be
considered a full weelc.
5.20 The Grant County Board of Coinmissioners Pinds that Festival Campgrounds associated with
Temporary Festivals may also be provided in certain zoning districts and subject to the land use
review procedure (allowed ou�right, discretionary, or conditional use review) specified in TaUles 3, 4
and 5 in GCC § 23.04. Temporary Festival Cainpgrounds may also be provided, provided that they
are secondary to the primary use, and shall be subject to a conditional use permit. A conditional use
permit for a temporary Festival Campground associated with a Temporary Festival may be issued to
the operator of the Teinporary I'estival not more than once per year for a single event and for a
duration not to exceed seven (7) consecutive days. Festival Campgrounds shall be subject to the
performance standards specified in GCC § 23.08.290.
5.21 The Grant County Board of Commissioners finds that several references regarding requirements for
visual screening of properties from adjacent properties are made to Section 23.12.180, but that no
such section is included in Chapter 23.12. The Grant County Board of Commissioners finds that the
following section shall be added:
"23.12.180 Visual Screening
(a) Visual screening shall consist of landscaping designed, installed and maintained to
provide substantially sight-obscuring visual separation between adjacent uses and
to screen uses from the public right-of-way or st�•eet.
(b) Such visual screening shall consist of a inix of trees and shrubs interspersed
throughout the landscaped stYip and spaced to provide su�bstantially sight-obscuring
visual separation. At a minimum, visual screening shall consist of: (1) t�ees spaced
at a rate of one per 201inear feet of landscape strip and spaced no inore than 30 feet
apart on center, and (2) shrubs spaced at a rate of 1 per 4 linear feet of landscaped
strip and spaced no more than 8 feet apart on center. -
(c) All other provisions of 23.12.170 regarding landscaping, including landscape plans,
installation and maintenance shall apply to visual screens."
5.22 The Grant County Board of Coinmissioners finds that the development standards for
Mobile/Manufactured Homes xegarding street paving, turning radii and access are inadequate, and
shall be modified as follows:
(1) Internal Street Paving: A minimum of thirty (30) foot width reserved for internal
streets with a minimum of twenty-four (24) foot wide paved surface shall be
required for access to each unit;
(2) Minimum Turning Radius: Minimum turning radius and radius of horizontal curves
shall be fifty (50) feet;
(3) Access: Each mobile/inanufactured home unit shall access the internal street;
access of individual units to County Roads shall not be allowed.
5.23 The Grant County Board of Corninissioners finds that the provisions of Chapter 23.04
regarding Rural General Commarcial and Rural Neighborhood Cominercial require further
limitation to achieve consistency with the goals and policies of the Comprehensive Plan. The
Crrant County Board of Coinmissioners finds that the following text be added to sections
23.04.500 and 23.04.510:
Grant County Board of Commissioners
Findings of Fact
Page 8
"(c) Limitations on New Uses on Undeveloped Parcels: New uses located on
previously undeveloped parcels in this zoning district shall be limited to the
following:
(4) Those uses permitted in the Rural Recreational Coinmercial zoning district,
as specified in GCC § 23.04.550(b);
(5) Personal & ProFessional Services;
(6) Residential Care Facilities;
(7) Day Care Types 1 and 2; and
(8) Bed & Brealcfast Residences."
5.24 The Gxant County Board of Commissioners finds that the provisions of Chapter 23.04
regarding Rural Heavy Industrial and Rural Light Indus�rial require further liinitation to
achieve consistency with the goals and policies of the Coinprehensive Plan. The Grant
County Board of Commissioners finds that the following text be added to sections 23.04.500
and 23.04.510:
"(c) Limitations on New Uses on Undeveloped Parcels: New uses located on
previously undeveloped parcels in this zoning district shall be liinited to the
following:
(1) Agriculturally-related indus�rial uses specified in subsection (b)(47), above;
(2) Indus�rial uses related to mining and mineral extraction; and
(3) Indust�ial uses requiring large secluded areas away froin urban growth centers and not
requiring urban water and sewer services."
5.25 The Grant County Board of Commissioners finds that Commercial Feedlots are inappropriately designated as
an Industrial Use, and shall be reclassified as an Agricultural Use in Tables 3, 4 and 5 of Chapter 23.04. In
addition, other provisions of Title 2, including footnotes to Tables 3, 4 and 5 referring to feedlots as an
indust�ial use and subjecting them to the indust�ial use standards of Chapter 23.12 s11a11 be deleted.
5.26 The Grant County Board of Coinmissioners desires to impleinent the optional mechanism of Development
Agreements as authorized under RCW 36.70B,170. Development Agreements may be entered into, at the sole
discretion of the County, prior to, concurreiit with or following approval of developinent permits, and shall set
forth the development standards and other conditions, inchiding reimbursement inethods, that may apply to a
proposed development. The Grant County Board of Coinmissioners finds that Chapter 25,28 Development
Agzeements should be added to the UDC.
Section 6 — Environment
6.1 The Grant County Board of Commissioners finds that the provisions regarding appeals shall be
revised as set forth in Exhibit I to comply with state SEPA law Chapter 43.21C RCW and WAC
Chapter 197-11.
6.2 The Grant County Board of Commissioners finds that assessments of property regarding critical
areas shall be subject to an area within 300 feet of the proposed development rather than the parcel
boundaries, and direct all provisions of Chapter 24.08 be revised accordingly.
6.3 The GMA (Chapter 36.70A.480(1)) requires that the goals and policies of the County's Shoreline
Master Program be considered an element of the Comprehensive Plan, and that shoreline use
regulations includad in the County's Shoreline Master Program be considered as part of the County's
development regulations. The Grant County Shoreline Master Prograin was adopted in 1975, and has
Grant County Board of Commissioners
Findings of I'act
Page 9
not been significantly altered since adoption. Grant County intends to update its Shoreline Master
Program after this Plan is adopted. Therefore, rather than include the goals and policies of the 1975
Shoreline Master Program in the Comprehensive Plan, a series of goals and policies relating to
shoreline management were incorporated to serve as the foundation for modifying the substantive
provisions of the Shoreline Master Program. The Grant County Board of Commissioners: (1)
readopts the 1975 Grant County Shoreline Master Program; (2) directs that Chapter 24.12 reserved
for Shoreline Master Program be modified to ii�corporate the shoreline goals and policies of the
Comprehensive Plan; (3) commits to amend the 1975 SMP within two years following adoption by
the Department of Ecology of their guidelines for redrafting of shoreline management programs; and
(4) directs that all developments within the jurisdiction of the Shoreline Master Program conform
with both the goals and policies of Chapter 13 — Natural Setting �lement of the Comprehensive Plan
as set forth in GCC § 24,12.030 and the 1975 SMP.
Section 7— Administration of Development Regulations
7.1 The Grant County Board of Commissioners finds that the provisions regarding vesting of
applications in Section 25.01.070 is inconsistent with vesting doctrine of the state and with
provisions of other chapters of the Unified Development Code, and directs that said section be
deleted in its entirety and replaced with the following:
"(a) An application for a Development Permit to be processed under GCC § 25.04 or the Grant
County Shoreline Master Program vests at such time as a full and complete application is filed
with the Department and all required pennit fees are paid. An application is "complete" when
the applicant has submitted enough information to allow the County to process the application,
as further defined in the relevant sections of this UDC for the particular Development Pennit.
An application vested under this Subsection is not subject to any laws or regulations, which
become effective after the date of vesting, except as provided by Uelow. An application for a
Development Permit shall become vested on the date an application is accepted as technically
complete under GCC § 25.04. Thereafter, the application shall be reviewed under the codes,
regulations and other laws in effect on the date of vesting; provided, in the event an applicant
substantially changes his or her proposed development after a detei7nination of completeness,
as determined by the adininis�rative official, the application shall not Ue considered vested until
a new deternzination of completeness on the changes is made under GCC § 25.04.
(b) Nothing herein shall be const�ued to prevent the County from imposing new regulations
necessary to protect the public health and safety, inchiding, but not liinited to the requirements
of the Unifonn Building Code or Uniform Fire Code as may be amended.
(c) Applications for rezones under GCC § 23.04.150 or § 23.04.160 and comprehensive plan
amendments under GCC § 25.12 and to be processed under GCC § 25.04 are not subject to the
vesting rules in this Section."
7.2 The Grant County Board of Coinmissioners finds that the definitions included in Exhibit J be added
or modified in Chapter 25.02.
7.3 The Grant County Board of Commissioners finds that Minor Rezones are more appropriately review
by the Planning Commission rather than the Board of Adjustment, and directs that Table 2 of
Chapter 25.04 be revised appropriately.
7.4 The Grant County Board of Commissioners finds that Table 2 of Chapter 25.04 shall reflact the
Board's authority to adopt a Hearing Examiner systein by inclusion of the following footnote:
Crrant County Board of Conlmissioners
Findings of Fact
Page 10
"Wherever the Decision Malcer is speci�ed as the Board of Adjustment, Board of County
Coinmissioners, or the Planning Commission, the applicant or the Board of County
Commissioners, inay at their option, elect to have a Hearing Examiner talce the place of the
Planning Commission, Board of County Corrunissioners, or Board of Adjust-ment as Decision
Malcer. Nothing precludes the Board of County Commissioners froin at any time adopting an
ordinance authorizing the replacement of the Planning Commission or Board of Adjustment
systein currently employed under this Chapter, with a Hearing Examiner system."
7.5 The Grant County Board of Commissioners finds that the procedures specified in Section 25.04.270
for acting upon a recommendation from the Planning Cormnission do not include the Board's ability
to uphold the recommendation of the Planning Commission without changes or conditions, and
directs that said section be amended accordingly.
7.6 The Grant County Board of Commissioners finds that public hearings shall be conducted in
accordance with the rules of procedure adopted by the County, except to the extent waived by the
County. However, the Planning Cominission or a Hearings Examiner may adopt other rules of
procedure not inconsistent with said procedures. Further, if deezned appropriate to facilitate review
of a particular development permit application, the Hearing Examiner or Planning Coinmission may
adopt specific procedures for an individual matter. The Grant County Board of Commissioners
directs that said section be amended accordingly.
7.7 The Grant County Board of Commissioners finds that the Procedures for Legislative Actions
specified in Section 25.12.020 do not appropriately identify the procedures for the dacisionmalcing
process. The Grant County Board of Commissioners directs that Table 1 Ue ainended to clarify that
the Board shall conduct an open-record �nal decision hearing upon receipt of a recommendation
from the Planning Coinmission. In addition, TaUle 1 shall be ainended to reflect that a legislative
decision shall %rst be appealed to the Eastern Washington Crrowth Management Hearings Board, unless a11
parties to the proceeding before the GMIIB agree to direct judicial review pursuant to RCW 36.70A.295.
7.8 The Grant County Board of Coininissioners finds that the procedures specified in Section 25.12.020
for acting upon a recommendation from the Planning Commission regarding a Legislative Decision
do not include the Board's ability to uphold the recommendation of the Planning Commission
without changes or conditions, and directs that said section be amended accordingly.
7.9 The Grant County Board of Coinmissioners finds that the proceduxes specified in Section 25.16.110
regarding contents of notices of infraction, inethod and proof of service, iiling of notice, response to
notice, scheduling of hearings, and contested hearing proceedings shall be deleted and replaced with
the following:
"The procedures for issuance of a Notice of Infraction, hearings, assessments and payment
of inonetary penalties, shall be in accordance with the provisions of Chapter 7, 80 RCW. "
CONCLUSIONS OF LAW
1. The Grant County Board of Commissioners has a legal obligation to enact development regulations
that implement the goals and policies of the Grant County GMA Comprehensive Plan and meet the
requirements of Chapter 36.70A RCW.
2. The Grant County Board of Commissioners has a legal obligation to satisfy the requirements of the
Eastern Washington Growth Management Hearing Board Order on Petitioner's Dispositive Motion,
GMHB Case No. 96-1 requiring, among other things, adoption of development regulations.
Grant County Board of Commissioners
rindings of Fact
Page 11
3. The Grant County Board of Cominissioners has met these obligations by enacting Ordinance No. 00-
-CC. The Unified Development Code and the associated environmental review comply with the
goals and requirements of Chapter 36.70A RCW, Chapter 365-195 WAC, Chapter 43.21C RCW,
Chapter 197-11 WAC and Grant County Ordinance 95-60-CC (SEPA).
Exhibit A
Grant County
Unified Development Code
Exhibit C
Grant Caunty 13oard of Com�nissioaiers
LJnified Development Cade
I�ist of Public Record
rX�x�brt n
CTrant County Board of Coznmissioners
Unified Development Code
Pnblic Record Docuxneuts
Exhibit E
Grant County Planning Commission
Recorded Motion
Jnly 11, 2000
Inclnding
Exhibit A Unified Development Code Titles and Chapters
Exhibit B List of Public Record
Exhibit C Grant County Comprehensive Plan/Draft EIS
Exhibit D Final EIS
Exhibit E Planning Commission Public Record Documents
Exhibit F
Grant County Board of Commissioners
Unified Development Code
Historic Plats
Article II. Historic Plats
22.04.140 De�nitions
(a) A Historic Plat is a final plat that has been approved under platting laws predating the Washington
State Platting Law (RCW Chapter 58.17) adopted in 1969.
(b) A Legal Lot of Record is any separately described parcel or lot that: (1) was created by a subdivision,
short subdivision or boundary line adjustYnent approved by Crrant County pursuant to GCC, (2) was
created in a segregation exeinpt fi�om subdivision requirements, (3) was created pursuant to any
previous laws governing subdivision or segregation ot' land, (4) or was otherwise legally established;
and is recorded with the Grant County Auditor.
(c) A Partially Developed or Developed Historic Plat is a Historic Plat of which half (50%) or more of all
lots have been developed prior to the effective date of this UDC. An Undeveloped Historic Plat is one
of which less than half (50°/o) have been developed prior to the effective date of this UDC.
22.04.150 Purpose
(d) It is the intent that the goals and policies of the Crrant County Comprehensive Plan require the
establislunent of a mechanism to regulate development of the County's historic plats. The purpose of
this section is to er�sure that the division and/or development of land complies with state laws and the
GCC affecting land use and to protect the health, safety and welfare of property owners and residents
of Grant County.
22.04.160 Legally Created Lots—Development Permitted
(e) Development shall only be permitted on legal lots of record.
(� To establish that a lot for which development per�nit approval is sotight is a legally created lot, the
following standards shall apply:
(1) Approved Preliminary Plats or Approved Preliminary Short Plats:
(A) Where a final plat or final short plat has not been approved and filed with the Grant County
Auditor, an approved application for a preliminary plat or preliminary short plat shall expira
five (5) years from the date the County approved the application, unless an extension is
granted by the Board.
(B) Upon expiration of the preliminaiy plat or preliminary short plat, no development
application for the subject property shall be accepted by Grant County as "counter
complete."
(C) Before any development application for the subject property will be accepted by Grant
County as counter complete, the applicant must re-apply for and receive preliminaiy plat or
preliminaiy short plat approval pursuant to the requirements of this GCC § 22.04.
(2) Approved Final Plats or Approved Final Short Plats:
(A) If a final plat or final short plat has been approved by Grant County within five (5) years of
the date the development application is submitted, a development application for the
subject property may be accepted as counter coinplete, where the requirements for counter
coinplete status under GCC § 25.04.150 have been satis�ed.
A development permit application for a final plat or final short plat approved by Crrant
County within five (5) years of the date the application is suUinitted may be approved,
provided the development pennit application complies with all applicable requirements of
(3)
(4)
the GCC at the time of a full and complete application for preliminary plat approval was
filed with Crrant County.
(B) Where a development application for a final plat or final short plat approved by Grant
County after five (5) years of the date the application is submitted does not comply with all
applicable requireinents of the GCC, an applicant may:
(i) Apply to consolidate the subject plat with contiguous plats owned Uy the applicant
pursuant to GCC § 23.04.105 to meet miniinum lot size, density or Grant County
Health District requirements for on-site water and septic system installations; and/or
(ii) Apply for a reasonable use exception pursuant to GCC § 23.04.170.
In the event an applicant successfully consolidates the subject plat with contiguous plats
owned by tha applicant pursuant to GCC § 23.04.105, a development permit application for
the resulting plat shall not be approved unless it complies with all applicable requirements of
the GCC, including minimum lot size requirements specified by the Crrant County Health
District.
Undeveloped Historic Plat:
(C) Grant County lacics authority to accept for recordation undeveloped final plats created prior
to January 1, 1969.
(D) Before any development perinit application for undeveloped final plats craated prior to
January 1, 1969, will be accepted by Grant County as counter coinplete, the applicant must
first re-apply for and receive preliminary plat or preliminary short plat approval pursuant to
GCC § 22.04. No development permit shall Ue issued, howevex, until Grant County has
approved the applicant's �nal plat application.
Partially Developed or Developed Land Created Prior to January 1, 1969:
(�) Grant County recognizes that for final plats or final short plats created prior to January 1,
1969, on which partial development has occurred, serious hardship inay result to plat
owners if such plats are required to coinply with state and local platting and subdivision
laws and ordinances.
(F) Grant County will not require an applicant to re-apply for and receive preliminary plat or
preliminary short plat approval pursuant to GCC § 22.04 for land that has been developed
or partially developed. However, Grant County will require an application to demonstrate
compliance with the following:
(i) That the development conforms with the requirements of GCC Title 23;
(ii) That the development is in compliance with the Grant County Coinprehensive Plan;
(iii) That the development conforms with the minimum requirements of, and has received
approval from, the Grant County Health Dist�•ict and Washington State De�artment
of Health for on-site sewage disposal and on-site wells;
(iv) That the development has legal access and confonns to current road standards, as
detennined by the County Engineer;
(v) That the devalopment has made appropriate provisions for open spaces, drainage
ways, streets, alleys, other public ways, water supplies, sanitary wastes, parlcs,
playgrounds, sites for schools and school grounds;
(vi) That �he development is not located in a flood coiltrol zone unless prior written
approval is received from the Washington State Department of Ecology; and
(g) That the development is in conformance with all other applicable local, state, and
federal regulations, including the Crrant County Comprehensive Plan and the GCC,
22.04.170 Innocent Purchaser f'or Value Exception
(a) Innocent Purchaser for Value Exception:
(1) The prohibition on granting development permits for illegally platted land does not apply to an
"innocent purchaser for value without actt.tal notice."
(2) The applicability of the "innocent purchaser for value without actual notice" exception shall be
reviewed by the Grant County Prosecuting Attorney on a case by case basis, based on the
following factors:
(A) Whether the applicant purchased the lot, tract or parcel for valuaUle consideration;
(B) Whether the applicant lcnew when purchasing the lot, tract or parcel that it did not meet the
ininimum lot size or density requirements under GCC Title 23 or other applicable
requirements;
(C) Whether the applicant had actual notice that the lot, tract or parcel had been part of a larger
lot, tract or parcel divided illegally;
(D) Whether the applicant had constructive notice that the lot, tract or parcel had Ueen part of a
larger lot, tract or parcel divided illegally, considering the following:
(i) Whether the seller of the lot, tract or parcel, or his or her representative, made any
representations to the applicant regarding prior divisions (if any) of the lot, �ract or
parcel of which the applicant's 1ot, �ract or parcel had been a part and/or whether a
building permit could be obtained;
(ii) Whether any public record of prior divisions of the lot, tract or parcel of which the
applicant's lot, tract or parcel had been a part exists;
(iii) Whether the applicant had lmowledge regarding Grant County public pronouncements
that prior lot segregations or spin-offs may be "questionable" and that building or
other development permits may Ue denied for those lots, �racts or parcels; and
(E) Whether the applicant was, or should have been, aware of any other circuinstances that
indicate the 1ot, t�act or parcel of which the applicant's lot, �ract or parcel had been a part
was illegally divided.
(U) Evidence of innocent purchase shall be in the form of a notarized af�davit filed with the Department
on forms satisfactory to the Administrative OfficiaL The Grant County Assessor's Office shall
provide information concerning the ownership of the subject property, and the Adininistrative Official
shall malce a detennination iP the property is eligible for the issuance of building or development
pernzits under RCW 58.17.210.
(c) Any innocent purchaser inay, alternatively, rescind the sale or �ransfer of the subject property and
recover the costs of investigation, suit, and reasonable attorneys' fees occasioned thereby, from any
person, fii7n, corporation, or agent that sold or t�ansferred the lot in violation of this Chapter, pursuant
to the provisions of RCW 58.17.210.
Exhibit G
Grant County Board of Commissioners
Unified Development Code
Urban 13eavy Industrial and Urban Light Industrial Zones
23.04.260 Urban Heavy Industrial (iTFII)
(a) Purpose: The purpose of the Urban Heavy Indust�ial (UHI) zoning dis�rict is to allow for indus�rial
developments in urban growth areas that have the potential for more than a minimal level of
disturbance to adjacent properties, including heavy manufacturing, processing and indust�ial
development generally not appropriate near residential areas. This zoning district is established to
preserve areas for indust�ial and related uses that could create serious problems of compatibility with
other lcinds of land uses, and to inalce provisions for those commercial uses which are most
appropriately located as neighbors of indust�ial uses or that are necessary to service the immediate
needs of people in these areas.
(b) Perinitted Uses: In addition to those listed in Table 3, the following uses are allowed outright in this
zoning district:
(3) Agricultural uses, on an interim basis until industrial development occurs; provided that
residences shall not be allowed as a principal use; and
(4) Commercial uses, including of1"ices, banks, restaurants, convenience stores, cafes, bars, taverns
and service stations that primarily serve uses within the heavy industrial district.
In addition to those listed in Table 3, the following uses are allowed in this zoning dist�ict subject to a
discretionary use review:
(1) Manufacture, processing, treatment, storage, fabrication, assembly or pacicaging of any product
froin natural or synthetic materials;
(2) Repair and storage facilities for equipment, including heavy equipment, marine equipment,
boats, airplanes and trucics;
(3) Research, development and testing facilities;
(4) Warehousing, distribution and storage facilities not open to retail custoiners;
(5) Wholesale and retail nurseries/greenhouses;
(6) Incidental retail sales of products inanufactured, processed, or asseinbled on-site;
(7) Storage of unlicensed and/or inoperable vehicles; and
(8) Offsite Hazardous Waste Treatment and Storage Facilities; provided that (1) such facilities are
subject to the state siting criteria adopted pursuant to the requirements of RCW Chapter
70.105.210 and (2) that such facilities are accessory uses pursuant to GCC § 23.04.110 to a
primary use which is a generator of hazardous waste.
In addition to those listed in Table 3, those uses permitted in the Urban Light Industrial zoning district
as discretionary uses are allowed in this zoning dist�ict subject to a conditional use permit.
23.04.270 Urban Light Industrial (UL�)
(a) Purpose: The purpose of the Urban Light Industrial (ULI) zoning district is provided to allow light
manufacturing, limited commercial uses, office parks, medical services, wholesale, warehousing,
distribution and storage, equipment storage and repair, and other uses compatible with a light
manufacturing zoning dis�rict in urban growth areas. The district also allows such commercial uses
that serve primarily the industrial district. This zoning dist�ict is intended to protect the light indust7ial
area from uses which may interfere with efficient i�ndustrial operations, while at the same time
protecting adjacent areas from adverse industrial impacts.
(b) Permitted Uses: In addition to those listed in Table 5, the following uses are allowed ou�right in this
zoning dis�rict:
(9) Agricultural uses, on an interim basis until industrial development; provided tHat residences shall
not be allowed as a principal use; and
(10) Commercial uses, including offices, banlcs, restaurants, convenience stores, cafes, bais, taverns
and service stations that primarily serve uses within the heavy industrial district.
In addition to those uses listed in Table 3, the following uses are permitted in this zoning district,
subject to a discretionary use review:
(1) Asbestos products;
(2) Assembly and fabrication of sheet metal products;
(3) Asseinbly, manufacture, compounding or treatrnent oF articles or merchandise from the
following previously-prepared materials: bone, cellophane, canvas, cloth, corlc, feathers, felt,
fiber, fur, glass, hair, horn, lacquer, leather, paper, precious or semi- precious rnetals or stones,
shell textiles, tobacco, wood, lumber and yams;
(4) Boat building;
(5) Brewery, distilleiy or winery;
(6) Cold storage;
(7) Commercial materials testing laboratories;
(8) Electroplating shop;
(9) Enameling or metal coating (galvanizing);
(10) I'abrication of farm related items;
(11) Farin product processing;
(12) Fertilizer manufacturing;
(13) Freight yard or terminal;
(14) Fuel oil distributor, retail;
(15) �uels, solid yard and fuel alcohol production;
(16) Grain elevator and flour milling;
(17) Incidental retail sales of pxoducts manufactured, processed, or assembled on-site.
(18) Industrial laundry;
(19) Manufacture, compounding, processing, pacicaging or the treatYnent of such products as balcery
goods, candy, cosinetics, dairy products, drugs, perfumes, pharmaceuticals, perfuined toilet
soap, toilet�ies, food and beverage products, except sauerluaut, vinegar or picicles;
(20) Manufacture of pottery and figurines and other siinilar cerainic products, using only previously
pulverized clay;
(21) Manufacture of cable, cans, candles and guns;
(22) Manufacture and maintenance of electric and neon signs billboards or coinmercial advertising
structures;
(23) Manufacture of musical inst�uments, toys, novelties, rubber or metal stamps;
(24) Manufacture of optical goods, scienti�c and precision instruments and equipment;
(25) Manufacture of artificial liinbs, hearing aids, dentures, surgical instruments and dressings, and
other devices employed by the medical and dental professions;
(26) Manufact�tre or asseinbly of colninunication equipment and electronic equipinent, supplies and
coinponents;
(27) Meta1 worlcing shop for the maintenance and repair of equipznent;
(28) Parcel delivery service;
(29) Printing, publishing and boolcbinding;
(30) Processing uses such as bottling plants, creameries, laboratories, blue printing and photocopying,
tire retreading, recapping and rebuilding;
(31) Research and development laboratories;
(32) Repair and storage facilities for equipment, including heavy equipment, marine equipment,
boats, airplanes and trucics;
(33) Sorting and storage of agricultural products;
(34) Spinning or lrnitting or cotton, wool, flax or other fiUrous rnaterials;
(35) Starch manufacture;
(36) Stone, marble and granite monumeilt worlcs;
(37) Storage buildings and warehouses;
(38) Storage, sales and dist�ibution of animal feeds, fertilizers, pesticides and seed;
(39) Storage and sales of building materials, farm supplies, agY•icultural and con�ractor equipment,
and used equipment in operable condition;
(40) Storage for building materials, contractors' equipment, house mover, delivery vehicles, transit
storage, trucicing teri�zinal and used equipment in operable condition;
(41) Terminal and yard for produce;
(42) Tire retreading or recapping;
(43) Veterinary clinics, small animal lcennel;
(44) Welding shop; �
(45) Wholesale business; and
(46) Wholesale and retail nurseries/greenhouses. ,
Exhibit H
Grant County Board of Commissioners
Unified Development Code
Allowable Land Uses (Tables 3, 4 and 5)
� Exhibit I
C:r�nt Cadnty �3oard of CoYnmissioners
Unified Development Cade
SEPA Appeals
24.04.220 Appeals
(c) Grant County establishes the following administrative appeal procedures under RCW 43.21C.075 and
WAC 197-11-680:
(1) Appeals shall be of the underlying governmental action together with its accompanying
environmental detenninations. Grant County shall consolidate an appeal oF procedural issues
made under Chapter 43.21C RCW and Chapter 24.04 (such as a decision to require particular
mitigation measures or to deny a proposal) with a hearing or appeal on the underlying
governmental action by providing for a single simultaneous hearing before one hearing body to
consider the agency decision on a proposal and any environmental determinations made.
(2) Any agency or person may appeal the County's procedural compliance with WAC Chapter 197-
1 l. Appeals on SEPA procedures shall be limited to review of a final threshold determination
and final EIS, and must be consolidated with an appeal of the underlying project decision.
Appeal of the interinediate steps under SEPA (e.g., lead agency detennination, scooping, Draft
EIS adequacy) shall not be permitted.
(3) Grant County shall provide for no more than one adminis�rative appeal of a final tiv�eshold
determination or of the adequacy of a�nal �IS. Successive administrative appeals on these
issues shall not be allowed.
(4) Appeals under this subsection shall be heard by the Board of County Cominissioners, or the
Hearing Exaininer if designated by the Board of County Commissioners, at a public ineeting to
be scheduled within thirty (30) days of the date the appeal is filed. The County shall provide for
a record that shall consist of the following:
(A) Findings of fact and conclusions of law;
(B) Testiinony under oath; and
(C) A taped or written transcript.
(5) The procedural determination of the Responsible Official shall carry substantial weight in any
appeal proceeding.
(6) Utilizing the criteria set forth in RCW 43.21 C, Chapter 197-11 WAC, and this Chapter, the
Board of County Commissioners or Hearing Examiner may af�rm or reverse the decision of the
Responsible Official or implement the additional information gathering machanisms of WAC
197-11-335. In the event the decision of the ResponsiUle Official is reversed, the Board shall
issue its own DS, DNS, or initigated DNS in accordance with the procedures set forth in WAC
197-11 and this Chapter.
(d) Any appeal under this Chapter shall be made within Fourteen (14) days after a notice of decision
under RCW 36.70B.130 or GCC § 25.04 aftar notice that the decision has been made and is
appealable, by filing a written notice of appeal with the Departinent setting forth the principal points
on which the appeal is based together with the riling fee estaUlished under GCC § 24.04.270.
(e) There shall be no separate administrative appeal pursuant to RCW 43.21C.060 of decisions by non-
elected officials to condition or deny applications on the basis of SEPA. Administ�ative appeals of
decisions to condition or deny applications of the basis of SEPA shall be consolidated in all cases
with adininist�rative appeals, of any provided by state law or County ordinance on the merits of the
proposal. �
Exhibit J
Grant County $oard of Commissioners
Unified Development Code
Definitions
Agriculturally-Related Industry: those industrial uses directly related to the pacicaging, processing, storage,
or physical or chemical alteration of an agricult�tral product. Such uses include, but are not limited to, cold
storage plants, controlled at�nosphere facilities, produce pacicing and processing facilities, wineries and their
accessory uses such as tasting and sales rooms.
Alcoholism/Substance Abuse Treatment Facility: a private place or establishment, other than a hospital,
licensed b�,the State and operated primarily for the inpatient treat�nent of alcoholism and other substance
aUuse problems; may include outpatient treat�nent.
Autornobile Service and Repair Facility: any building, land area, or otl�er premises used for the retail
dispensing or sales oI'vehicular fuels and other pet�oleum products and the service or repair of automobiles
and the incidental sales of motor vehicle accessories.
Campground, Festival: a temporary or permanent campground associated with or regularly seiving a
Temporaiy Festival.
Closed Record Public Hearing: a meeting where the public and the proponent(s) of a project are permitted to
attend but whereby no new evidence may be provided. The public and the proponent of a project may only
provide answers to specific qLtestions aslced Uy the Hearing Body for clarification of the existing record only.
The Hearing Body, at its sole discretion, may allow v�nitten pre-hearing briefs to be suUmit�ed prior to the
Closed Record Public Hearing.
Conveuience Store: a business primarily engaged in the retail sales of convenience items, including packaged
ar prepared food, Ueverages, lottery ticicets, tobacco products, and limited stocic of groceries, goods, sundries
and siinilar products for the traveling public or neighborhood residents for consumption off premises; may
include retail dispensing or sales of vehicular fuels.
Federal Endangered Species: species in danger of extinction according to the U.S. Fish and Wildlife Service
and/or the National Marine Fisheries Service official listing.
Federal Tlireatened Species: species lilcely to Uecome endangered within the foreseeable future according to
the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service official listing.
Feedlot, Commercial: a feed yard where heavy portions of concentrated feed are fed to livestocic to put a
finish on the animals either consigned or sold to the feedlot. A yard, lot or facility where more than one
hundred (100) head of livestocic or twenty (20) mature hogs (six months of age or older) are confined and
fed or maintained for a period of 90 days or more in any 12-month period, and in which crops, vegetation,
forage growth or post harvest residues are not sustained in the normal growing season.
Guest Ranch: a specialized camp offering activities typical of western ranching and offering sleeping and
eating accommodations in conjunction with existing ranching operations.
Health Care Facility: includes alcoholisrn/substance abuse t�•eatrnent facilities, hospices, hospitals, psychiat�-ic
hospitals, convalescent or nursing homes, ambulatory surgical facilities, and sanitariu�ns.
Hisloric Plat: a final plat that has been approved under platting laws pxedating the Washington State Platting
Law (RCW Chapter 58.17) adopted in 1969.
Historic Plat, Partially Developed or Developed: a Historic Plat of which halF (50%) or inore of all lots have
been developed prior to adoption of this UDC.
Hospice Care Facility: an establishment that provides palliative care provided to terminally ill persons in a
place of temporary or permanent residence that alleviates physical symptoms, including pain, as well as
alleviates the emotional and spiritual discoinfort associated with dying.
Legal Lot of Record: Any separately described parcel or lot that: (1) was created by a subdivision, short
subdivision or boundary line adjustment approved by Grant County pursuant to GCC, (2) was created in a
segregation exempt from subdivision requirements, (3) was created pursuant to any previous laws
governing subdivision or segregation of land, (4) or was otherwise legally estaUlished; and is recorded
with the Grant County Auditor.
Lodge: a fraternal organization or club; a group of people formally organized for a coinmon interest, usually
cultural, religious, or entertainment, with reglilar meetings, rituals, and formal or informal written membership
requirements. May include eating and/or drinldng Facilities for members or meeting or reception halls.
Nuisance: all violations of land use ordinances, statutes and regulations contained in this UDC are hereby
declared to be detrimental to the public health, safety and welfare and as such shall cons�itute puUlic nuisances.
Outdoor Commercial Amusement Facilities: those facilities of a permanent ilature involving asseinbly of
people, such as drive-in theaters, race �racics, rodeos, waterparlcs and swimming pools, miniature golf courses,
zoos, and other similar uses.
Overnight Lodging Facility: an individual building or group of attached or detached buildings containing
guest rooms, together with conveniently located parlcing space on the sanle lot, which is designed, used or
intended to be used for overnight accommodation of �ransients, such as a hotel or inotel, but does not iilclude
Hospitality Coinmercial Establisl�unents such as Bed and Bxealcfast Inns, Bed and Brealcfast Residences, Guest
Rai�ches and Transient Residence or Transient Guest House.
Residential Care Facility: a facility that provides care for at least five (5), but not more than �fteen (15),
functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW. May include adult care
facilities, group care facilities, licensed boarding homes, or safe/shelter home.
Resource Agency Personnel: representatives froin state, federal, local or �ribal natural resource agencies
having technical expertise and/or jurisdiction over critical areas, including, but not limited to, the Washington
Departments of Ecology, I'ish and Wildlife, and Natural Resources; the United States Army Corps of
Engineers, National Marine Fisheries Seivice, and Department of Fish and Wildlife.
Rezone, Minor: an amendment to the official zoning map that is not contingent upon legislative approval of a
Comprehensive Plan amendment and is consistent with the goals and policies of the Coinprehensive Plan (see
GCC § 23.04.150). Such minor zoning ainendments are limited to a discrete piece of property in single
ownership.
Sanitarium: a health station or retreat or other place where resident patients are lcept, and which specializes in
giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured
persons and is licensed by the State under provision of law to provide facilities and services in surgery,
obstetrics, and general medical practice as distinguished fi oin treat�nent of inental and nervous disorders.
Screening: fencing, earth berming, trees and other vegetation to provide visual separation of adjacent parcels
or uses.
Subdivision: the division of land into ten (10) or more lots, tracts, parcels, sites, or divisions, for the
purpose of sale, lease, or development, and shall include the resubdivision of land.
Subdivision, Long: the division of land into ten (10) or more lots, tracts, parcels, sites, or divisions, for
the purpose of sale,lease, or development, and shall include the resubdivision of land.
Temporary Festival: any musical, cultural, or social event conducted at an indoor or outdoor site or facility
that is seasonal in nature or of a duration of inore than four (4) weeks cuinulatively out of any 12-month
period, and attracts two hundred fifty (250) or more people in any one (1) day. For the purposes of this section,
each weelc during which the temporary festival operates for two or more days shall be considered a full weelc,
Temporary Outdoor Event: any musical, cultural, or social outdoors event which occurs less than four (4)
weeks, cumulatively, out of any 12-inonth period and which attracts two hundred fifty (250) or more people in
any one (1) day, ror the purposes oPthis section, each weelc during which the teinporaiy festival operates for
two or more days shall be considered a full weelc. '
Urban Growth: refers to growth (cominercial, indus�rial, and residential) that inalces intensive use of land For
the location of buildings, structures, and impernzeable surfaces to such a degree as to be incompatible with the
primary use of such land for the production of Pood, other agricultural prodLtcts, or fiber, or the extraction of
inineral resources. When allowed to spread over wide areas, urban growth typically requires urban
governmental services. "Characterized Uy urban growth" refers to land having urbail growth located on it, or to
land located in relationship to an area with urban growth on it as to be appropriate for urban. A pattern of inore
intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth.
Vehicle: motor-driven equipinent used for human operation and transportation, but excluding equipment used
priinarily for agriculturally-related usas, such as farm equipment.
Exhibit K
Grant County Board of Commissioners
Unified Development Code
Segregated Parcel Inventory