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Home My WebLink AboutOrdinance 99-215-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington RESOLUTION NO. 99 215 -CC ORDINANCE NO. 99-215 -CC AN ORDINANCE CORRECTING SCRIVENER' S ERRORS IN AN ORDINANCE RE-ADOPTING AN AMENDMENT TO THE GRANT COUNTY ZONING ORDINANCE RELATING TO PERMITTED USES AND RESTRICTIONS, AND OTHER MATTERS PROPERLY RELATING THERETO. RECITALS: WHEREAS, the Board of County Commissioners (BOCC) of Grant County, Washington, intends to fully comply with the orders of the Eastern Washington Growth Management Hearings Board; and WHEREAS, the BOCC adopted Resolution No. 97-143-CC entitled, "A Resolution Adopting 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 Complate Elements of Approved GMA Work Plan, and Designating Review and Consideration of Additional Interim Measures"; and WHEREAS, RCW 36.70A.390 empowers the BOCC with the authority to renew interim official controls to protect, inter alia., the Agricultural Zone; and WHEREAS, Grant County is currently studying and preparing code amendments to its zoning code regulating its Agriculture Zone, to establish new zoning categories to protect the Agriculture Zone; and WHEREAS, the BOCC finds that interim official controls addressing residential uses and densities within the Agriculture Zone, previously adopted in Ordinance/Resolution No. 98-37-CC, on Apri17, 1998, re-adopted by and through Ordinance/Resolution No. 98-158-CC, on October 6, 1998, and re-adopted by and through Ordinance/Resolution No. 99-45 -CC, on Apri15, 1999, and as set forth herein, are reasonable and necessary to protect the Agriculture Zone during the period of time required to prepare and adopt a new, updated zoning code and developmental regulations implementing Grant County's GMA Comprehensive Plan, including the adoption and establishment AN ORDINANCE CORRECTING SCRIVENER'S ERRORS 1N ORDINANCE RENEWING INTERIM AGRICULTURAL ZONING CONTROLS - 1 CIVIL8\ORDINANC\LAND-USE\AG-ZONE.OR5 of new zone categories in the Agriculture Zone; and WHEREAS, the BOCC adopted Ordinance/Resolution No. 98-37-CC, adopting interim official controls in the Agricultural Zone, containing an amendment to the Grant County Zoning Ordinance providing for a definition of"farm", containing permitted uses, and containing restrictions and re-adopted same by and through Ordinance/Resolution No. 98-158-CC; and WHEREAS, the BOCC adopted Ordinance/Resolution No. 99-112-CC on July 19, 1999, amending the minimum lot size in tihe Agriculture zone to forty (40) acres or more; and WHEREAS, the BOCC re-adopted the above referenced interim zoning controls in Ordinance/Resolution No. 99-177-CC, which were reasonable and necessary to further the County's purpose; and WHEREAS, Ordinance/Resolution No. 99-177-CC incorrectly set forth the purported then current language for GNant County Zoning Ordinance, Section V(B.)(8); and WHEREAS, that bypassing and adopting Ordinance/ResolutionNo. 99-177-CC, the BOCC did noti intend, nor did it take action, to perform a text code amendment to the language for Gr^ant County Zoning Or^dinance, Section V(B.)(8) as modified by the BOCC in Ordinance/ResolutionNo. 99-112-CC; and WHEREAS, Ordinance/ResolutionNo. 99-177-CC contained scriveners' errors whichneed to be corrected to be consistent with the legislative intent and action of the BOCC in passing and adopting said ordinance; and WHEREAS, although the BOCC's position regarding the aforementioned text code amendment to G�ant County Zoning Ordinance, Section V(B.)(8) is that it did not make changes to same by and through the passage and adoption of Ordinance/Resolution No. 99-177-CC, the BOCC intends to clarify same, and re-adopt if a court with jurisdiction agrees with its position. NOW, THEREFORE, THE GRANT COUNTY BOARD OF COMMISSIONERS DO HEREBY ORDAIN AND ESTABLISH AS FOLLOWS: Section 1. The amendment to Grant County Zoning O�c�znance, Section V"A (Agriculture)", Uses Permitted, subsection (B.)(8), adoptedbyResolutionNo. 80-39-CC (Ordinance No. 80-39-CC) on Apri115, 1980, amended by Resolution No. 96-147-CC (Ordinance No. 96-147- CC), on November 12, 1996, which was repealed and re-enacted as a new subsection by and through Ordinance/Resolution No. 98-37-CC, on April 7, 1998, re-adopted by and through AN ORDINANCE CORRECTING SCRIVENER'S ERRORS 1N ORDINANCE RENEWING INTERIM AGRICULTURAL ZONING CONTROLS - 2 CIVIL8\ORDINANC\LAND-USE\AG-ZONE.OR5 Ordinance/Resolution No. 98-155-CC, on October 6, 1998, and re-adopted by and through Ordinance/Resolution No. 99-45-CC, on April 5, 1999, and re-adopted by and through Ordinance/ResolutionNo. 99-177-CC onNovember 1,1999, byhereby amended, to read as follows: 8. Any owner occupied residence located on the farm [as defined in RCW 84.34.020(211 which is located in the Agriculture Zone District may be subdivided once eveiy five (5) years in accordance with the Grant County Short Plat Ordinance ("An Ordinance Relating To Short Plats And Short Subdivisions") Section 2, Exemptions (7), so long as the smaller portion of the subdivision contains no less than one (1) acre (( (3}-�ei�s-a�tar•e)) with the owner occubied dwellin� unit; and the remainin� farm parcel contains no less than fortv (40) acres. Parcels created pursuant to this exemption may not be further subdivided for a period of five (5) years except for land divisions created pursuant to Section V, subsection (B.)(10), of the Grant County Zoning Ordinance. Section 2. The amendment to the Grant County Zoning Ordinance, Section V"A (Agriculture)", subsection (C.) Restrictions, adopted by Resolution No. 80-39-CC (Ordinance No. 80-39-CC) on April 15, 1980, amended by Ordinance/Resolution No. 98-37-CC, on Apri17, 1998, re-adopted by and through Ordinance/Resolution No. 98-158-CC, on October 6, 1998, and re- adopted by and through Ordinance/Resolution No. 99-45-CC, on Apri15, 1999, and re-adopted by Ordinance/Resolution No. 99-177-CC, is hereby amended to read as follows: C. RESTRICTIONS 1. Lot Area Required: 40 acres unless as provided under Section V B_, 8 and Section B.10.)) Forty (40) acres, except as otherwise provided for by Section V(B.)(8), Section V(B.)(10) and Section V(D.) (Conditional Uses by Special Permit) of the Grant County Zoning Ordinance. 2. Yards Required: There shall be a front yard not less than twenty-five (25) feet deep and two side yards each not less than five (5) feet wide.)) No building shall be placed closer than twenty-five (25) feet to any road, street, or public right-of-way. No building shall be placed closer than five (5) feet to any side yard property line which does not contain a road, street, or public right-of-way. A temporary stand for the display and sale of agricultural products produced on the premises farm may be located in the front yard but AN ORDINANCE CORRECTING SCRIVENER'S ERRORS IN ORDINANCE RENEWING 1NTERIM AGRICULTURAL ZONING CONTROLS - 3 CIVIL8\ORDINANC\LAND-USE\AG-ZONE.OR5 not closer than ten (10) feet to any public road, street, or right-of-way. 3. There shall be no subdivision of land for housing purposes other than as provided by Section V�B.,�(8), Section V(B.)(10) and Section V(B.)(12) (40 acre minimum lot size), of the Grant County Zoning Ordinance. Section 3. This ordinance is intended to clarify the action of tha BOCC in Ordinance/Resolution No. 99-177-CC, including without limitation, Grcznt County Zoning O�dinance, Section V(B.)(8). Should a court and/or other reviewing body with jurisdiction determine that Ordinance/Resolution No. 99-177-CC amend the text of G�ant County Zoning Ordinance, Section V (B.)(8), then this ordinance will amend same as set forth herein. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS adopt this ordinance to talce effect December , 1999, %r the preservation of the of the Agricultural zone during the time period required to prepare and adopt an updated zoning code and developmental regulations consistent with Grant County's GMA Comprehensive Plan, including without limitations, new categories in the Agricultural zone, and these interim official control shall be in full force and effect to the earlier of 6 months from the date of adoption of this resolution/ordinance by the Board of Grant County Commissioners, or the adoption of a new zoning code, to include new categories for the Agriculture zone. DATED this �"�'"�"ay of December, 1999. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Tim Snead, Chair Le oy C. t�, lison, Mem er �.� � " l�� C.� Deborah Kay Moo � ; ember AN ORDINANCE CORRECTING SCRIVENER'S ERRORS IN ORDINANCE RENEWING INTERIM AGRICULTURAL ZONING CONTROLS - 4 CIVIL8\ORDINANC\LAND-USE\AG-ZONE.OR5 Attest: 4 / ls Clerk of t� oard: Notice Published: 12/�j /99; 12/�/99 AN ORDINANCE CORRECTING SCRIVENER'S ERRORS IN ORDINANCE RENEWING 1NTERIM AGRICULTURAL ZONING CONTROLS - 5 CiVIL8\ORDINANC\LAND-USE\AG-ZONE.OR5