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Home My WebLink AboutOrdinance 99-176-CC . , GRANT C4UNTY B4ARD OT COMMISS�ONERS Grant County, Wasl�ington RESOLUTI(JN NO. 99-176 -CG ORDINANCE NO. 99-�-�6 -CC AN ORDINANC� R�-ADOPTING INTERIM OFFICIALS CONTROLS RELATING TO THE REASfJNABLE USE EXCEPTION, AND OTHER MATTERS PROPERLY RELATING THERETO. RECITALS: WHEREAS, the Baard af County Commissianers (Board) of Gr�nt Co�.inty, W�shington intends 1:o fully comply with the orders of the Eastern Washington Growth Man�.gement Hearings Board; and W�IEREAS,the Board adoptec�Resolution Na.97-143-CC entitled,"A Resolutian Adoptin� Grant Count�'s Work Plan for Continued Compliance with the Growth Management Act", and Resolution No. 98-25-CC entitled, "Resolutian Adopting GMA Work P1anlCritical P�th Schedule, Ex�ressing Az1 Intent Ta Approve Supplemental Budget To Complete Elements of Approved GMA VtWork Pl�n, and Designating Review and Consideratian of Additional Interim Me�,sures"; and WHEI�+AS, [ZCW 36.70A.390 empowers the Baard with the authority ta adopt interim at�'icial cantrols ta pratect ir�te�alic�., re�sonable uses{s), without holding a public hearitlg on the praposed interim off'Icial control ordinance/resolutzon; and W�IEREAS, Grant Caunty adopted its GMA Comprehensive Plan on or about 4ctober 4, 1999; and WHEREAS, Grant County is currently studying �nd preparing amendments to its zonin�; code; and WI3E:I2EAS, Grant County is currently drafting developmental regulatians consistent with its GMA Comprehensive Plan; and � � Interim Of�`ici�l Contrals - 1 j CIV[L&\OI2DTNAI�CIINTERIM.OF2 � WHEItEAS, Grant County recognizes th�t uncaardin�,ted and unplanned growth, together with� lack of common gaats expressing the public's interest in the conservation an the wise use o� lands lacated within its boundaries, pase a threat to the environment, sustainabl.e ecanomic development �nd the health, safety and hi�;h quality af life anjoyed by residents af the Caunty. It fur-�her recognizes that it zs in the public interest that citizens, communities, lacal governments, and the pzivate sector coaperate and coa�dinate with ane another in camprehensive tand use plaz�ning, WHEREAS,it is the purpase of this title to implement the�o�ts of the Grawth Management Act, inciuding bi�t not limited to: l.. Encauraging orderly growth within Gr�nt County; 2. Encouraging the most appropriate use af the land; 3. Protecting the natural environment; 4. Conserving and stabilizing the value of property; S. Providing the desired levels of population density and intensity ofl�nd use. 6. Facilit�.ting adequate provisions for community services ancl utilities, such as water and sewage, electrical distribution systems, transportatian, schools parles, �nd othe�� public requirements; �nd '7. Generallp promotin� and pratecting the public health, safety, convcnicnce, and general welfare; and 'WHER�AS,in striving to achieve these goals,Grant County recognizes th�t it must respect the limitations that private property rights, the Washington State Constitutian and the United St�tes Constitutian place on its regulatory authority. Thus, it is the purpose of this section ta prevent arbitr�ry and discriminatory government action by est�blishing a method by which private property awners may avoid application of the Grant County Zoning Cade where such application would ef�ect an unconstitutional takin�; of private property; and WHEREAS, the Ba�rd previously �dopted 'znterim official zone contrals rel�.ting to the reasonable use exceptian in C}rdinancelResoiution Na. 98-157-CC, adapted an October 6, 199�;and WHEREAS, the Board adopted OrdinancetResolution No, 99-4b-CC an Apri15, 1999, re- adopting the ardinance relating to the reasonable use exception; and WHEREAS, the Board desires ta extend the protections and interim officiat controls iax OrdinancelResolution No. 99-46-GC, far an additional six (6) months, pursuant to RCW 36.70A.390, NOW T�-IEREFORE,TFIE GRANT COUNTY BOARD OF COMMISSIONERS DO HEREBY ORDAIN AND RE-ESTABLISft THE INTERIM OFFICIAL ZONE CONTROLS RELATING TO THE REASONABLE USE EXCEPT[ON 1N ORD11oIANCE/RESOLUTION NO. 99-46-CC,ADOPTED ON APRIL 5, 1999, AS FOLLOWS: Interim OfFicial Controls - 2 CI V IL81nRDNfINCtIAITEI2TM,OI+2 Section I. Reasonable Use Exception A, Generally, nothing in this Grant County Zoning Cade is intended ta deny a fundament�,l �ttribute of private property ownership ar to deny all economically viable use of property. B. Applicability af the Reasonable Use Exception; l. A landownerlapplicant may apply for � reasonable use exceptian pursuant to the section if the tandowner/ap�alicant has reason to beiieve that the application of Grant County Zoning Code denies any fundamental attribute of private property ownership incansistent vvith the limitatians upon other properties in the zone in which the property is situ�ted; 2, A landowner/applicant may apply for a reasonable use exception pursu�nt to this subsection if the landawner/applicant has reason to believe that the application of the Grant County Zoning Cade denies a11 economically viable use of private property as a whole or creates a severe imp�cti an a landowner's/applicant's ecanomic interest in the property as a whole; C. The application for a reason�.ble use exception shall include all of the follawing inf'ormation: 1. A description of site, �nd a description of the areas of the site urhich do not confonn ta the regulatory requirements a� the ordinance fram which the ap�licant seeks reasonable use exception; and 2. A description af the propc�sed develapment, znctuding a site plan, and 3, An analysis ofthe madification needed ta the standards af the ordinance fram wllich the applicant seel�s the reasonable use exceptian to �,ccommot3ate the prapased development; and 4. Such other information as the County deterrnines �'easonable necessary to evaltxat�; the issue of reasonable use �.s it relates to the proposed develapment inciuding, but not limited ta, the information required by the Reasonable Use Exception Submztt�l requirements' checl�list. ' D. Upon a finding that the required fee has been paid and the application is camplete, the Director of the Community Development and/or des.ignee sh�11 prepare a recornmendation to the Planning Commission. E, The Planning Commission shall review the reasonable use exception application �nd sliall conduct �n open recoi�d public hearing pursuant to the Local Praject Permit Review Ordinance. The Planning Commission sha11 make a recornrnendation to the Baard of Gz•ant Interim Official Controls - 3 CI V IL8\ORD INANC\INTERIM,OF2 9 County Commissianers. The duties and respansibitities of tha Planning Cammission and the Board of Grant County Commissioners may be delegated ta � he�ring exam'rner pursuant to the applicable provisions af the Loc�l Praject Review Ordanance, The Board of County Cornmissioners shall m�ke a final decision as to whether the reasonable use e�ceptian will be granted based upon the fallowing criteria: 1. Whether the application of the Grant County Zonin� Code would prohibit all economic�lly viable or beneficial uses of the property, absen�a dexnonstration by the caunty that the proposed use(s} at�e prahibited by the laws of nuisance or other pre- exisl:ing Iimits on the property which prohibit such use(s); �nd 2. Whether tllere �re no other reasonable uses to which the prapert� can be put; and 3. Whether the proposed use pases an unreasonable threat to the harm sought to e avoided by the applic�tion af the Gr�nt county Zoning Code, or to the public health, safety or welfare an or off the exception sita; �,nd 4. Whether the inability of the applicant to derive reasonable use of th�property is the result af actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this ordinance; and 5. Whether the use exception is t11e minimum necessary to allow far re�sonable uses of the propex�ty; and 6. Whether such use is consistent with the general purposes of the Grant County Zoning Cade and the public interest. F. 1�landoumer/applicant who satisfies one or more of the criteria outlined in Section B, above, may apply for a reasonable use exception, withoi�t first applying far a variance, only if the requested reasonable use exception includes relief fram standards far wbich a vari�tice cannot be granted. G, A reason�ble use exception permit�pplication is a Type III process for the purpose of Grant Cor�nty'a Loc�l Project Review Oi-dinance. Section II Connbined Review Autliot�ity In those cases whei•e a proposed action seeking a vari�nce �lso requires other cou��ty permits, the following procedures wi11 apply; A. When otller permits require a public hearing before the Planning Commission, the review of Interim Of['�ci�l Controls - 4 CTV IL8\ORDINANC\INTERIM.OF2 � the reasonable use exceptian shall be co�nbined with the other permit(s}; or B. When other permits are administratively �pproved, review afthe reasa��b1e use exception m�y, at the Planning Cammission discretion, be cambined witla othe�-pernuts, In no case, howevez, shall approval of ather perrnits dependent on the granting af�, reasonable use exception by the Board of Grant County Cammissioners/Hearings Examiner. C, In all cases of combinad review, the most restrictive provisians for notification and processing shall govern the revieu� of the reasonable use exception request, NOW TkIEREFtJRE, BE IT HEREBY RESOLVEll THAT THE GRAN7' COUNTY COMMISSIONERS adopt this ordinance to t�ke effect October 4, 1999, for the preserv�tion af reason�ble use(s) during the time periad required to prepare and adopt an upc�ated a nev,�Zoxzing Code and developmental regulations implementing Grant Caunty's GMA Comprehensive Pl�n, and these interim official contrals shall be in fiill fo�ce and effect to the earlier of six months from the d�te of adoption ofthis resolution/ordinance by the Board af Grant County Commissioners, ox the adoptian of new zani�ig code and developmental regulations.. DATED this �St day of Navember, 1999, B(aARD OF COUNTY COMNIISSIQI`�ERS GRAN7" CQUNTY, WASHINGTON � Tim Snead, Ch ' d � Le oy C. lisan, Meln r � > '�._ C /�/ �'`��.�i Deborah Kay Moore, . mber ATTEST: � Cierlc of t oard Interim Of�'Icial Controls - S CI V IL 810R])IN1aNCtINTERIM.OF2