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Home My WebLink AboutResolution 98-038-CC�"W ; - - -S4 3' � � �� , � GR.ANT COUNTY ' - oF�ic� o� � , $ �� ' BOARD OF COUIVTY COMIVIISSIONERS Posr,o��ice eQx a� . EPHRATA, WAS,HING'f'ON seezs 15b91 754-2Q11 . , RE�OLUTION NO. �8-3��C - � ORDINACE NO. 9$��CC . � INTERIM O-EFICIAL CONTROLS ' RELATING TO, REASOANBLE USE EXCEPTION RECI�ALS: � , , . WH�RTAS, the �oard of County Commissioners (Board) of Grant Cdunty, �Vasliington intends to fully comply with the orders of the �astern Washington Crrov�rth Maz��gement ' Hearings Board; and ° , yVHEId�AS, the Board adopt�d Resolution 1Vo. 97�143dCC entitled, "A resolution � � 'Adopting Grant County's Work Flan for Continued'Gompliar�c,e with the Growth Managennent Act"; and Resolution No, 98�25-CC enti,tled, "Resolution Adopting G1VIA . , ` Work Plan/Critical P�th Schedt�le; Expr�s'sing. ,An_ Intent To Appro�e Supplemental �. Bu..dget To Coinplete elements of Approved GNIA'ljVork Plan, and Designatiing Review and Consideratzon of Additional Intexim Measixres"; and WHEREAS; RCW 36.70�.390 ernpo�vers the Board with tfie authority �o adopt interim . offici�l coritrol� to protect; inter. alia:, reasonabl�e use(s), without holding a publ'i� hearing on the pra.p,a�ed interim o�fic'ial control ordinance/resolution; and ' ' WHEREAS, Gra�t County is eurrently st:udying a�d preparing amendments to its � �oning code; arid - WFIEREAS, Grant Courity recogn%zes tliat uncoordinatied and unplanned growth; together with a lack of common goals expressing the pt��lic's interest 'in the conservation :� � �nd the.wise use o�lands Iocatied within its boundaries, pose a thre�t to tk�e envirdnment, sustainable ecoriamic developmerit"and the health, safe�y and high quality of.life enjoyed liy .reside�ntis o€the Courity, �t fitrther recognizes that it is in the public interest that citizens, communities, local gov�rnme�its, a,nd the private sector cooperate and coordinate , with one another in cotnprehensive land use planning. ' TIM SNEAD HELEN FANCH�R LEROY ALLISON ' , , DIS7RI�T 1 - - - DI57RICT 8 � � ' DISTRICT 2 . � � - 10999 STRA7FORD RD. � � � ' � _ � 10218 RD. S NW � � 2026� RD. 1 S.E. - - - ' _ . MOSG$ LAKE, WA 98837 ' . ' ' 4UINCY, WA 98848 , _ • WARDEN, WA 98857 . ' � , - PMONE 765�9b48 , �_ ' . PHONE 787-4731 , ' � - PHQNE 3A9'�2513 . WHEREAS, It is the purpose of this title to implement the goals of the Growth Management Act, including but not limited to; 1, Encouraging orderly growth within Grant County; 2, Encouraging the most appropriate use of the land; 3, Protecting the natural environment; 4, Conserving and stabilizing the value of property; 5. Providing the desired levels of population density and intensity of land use. 6. Facilitating adequate provisions for community services and utilities, such as water and sewage, electrical distribution systems, transportation, schools, parks, and other public requirements; and 7. Generally promoting and protecting the public health, safety, convenience, and general welfare. WHEREAS, in striving to achieve these goals, Grant County recognizes that it must respect the limitations that private property rights, the Washington State Constitution and the United States Constitution place on its regulatory authority. Thus, it is the purpose of this section to prevent arbitrary and discriminatory government action by establishing a method by which private property owners may avoid application of the Grant County Zoning Code where such application would effect an unconstitutional taking of private property. NOW, THEREFORE, THE GRANT COUNTY BOARD OF COMMISSIONERS DO HEREBY ORDAIN AND ESTABLISH AS FOLI,OWS: Section 1. Reasonable Use Exception A. Generally, nothing in this Grant County Zoning Code is intended to deny a fundamental attribute of private property ownership or to deny all economically viable use of property. B. Applicability of the Reasonable Use Exception 1. A landowner/applicant may apply for a reasonable use exception pursuant to this section if the landowner/applicant has reason to believe that the application of Grant County Zoning Code denies any fundamental attribute of private property ownership inconsistent with the limitations upon other properties in the zone in which the property is situated. 2. A la.ndowner/applicant may apply for a reasonable use exception pursuant to this subsection if the landowner/applicant has reason to believe that the application of the Grant County Zoning Code denies all economically viable use of private property as a whole or creates a severe impact on a landowners's / applicant's economic interest in the property as a whole. C. The application for a reasonable use exception shall include the following information, 1. A description of site; and a description of the areas af the site which do not conform to the regulatory requirements of the ordinance from which the applicant seeks the reasonable use exception, 2. A description of the proposed development, including a site plan; 3. An analysis of the modification needed to the standards of the ordinance from wfiich the applicant seeks the reasonable use exception to accommodate the proposed development; and 4. Such other information as the County determines reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development including, but not limited to, the information required by the Reasonable Use Exception Submittal Requirements' checklist. D. Upon a finding that the required fee has been paid and the application is complete, the Director of the Current Planning Department and/or designee shall prepare a recommendation to the Planning Commission. E, The Planning Commission shall review the reasonable use exception application and shall conduct an open record public hearing pursuant to the Local Project Permit Review Ordinance. The Planning Commission shall make a recommendation to the Board of Grant County Commissioners, The duties and responsibilities of the Planning Commission and the Board of Grant County Commissioners may be delegated to a hearing examiner pursuant to the applicable provisions of the Local Project Review Ordinance. The Board of County Commissioners shall make a final decision as to whether the reasonable use exception will be granted based upon the following criteria: 1. Whether the application of the Grant County Zoning Code would prohibit all economically viable or bene�icial uses of the property, absent a demonstration by the county that the proposed uses(s) are prohibited by the laws of nuisance or other preexisting limits on the property which prohibit such uses(s); 2. Whether there are no other reasonable uses to which the property can be put; 3. Whether the proposed use poses an unreasonable threat to the harm sought to be avoided by the application of the Grant County Zoning Code, or to the public health, safety or welfare on or off the exception site; 4. Whether the inability of the applicant to derive reasonable use of the property is the result of 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.; 5. Whether the use exception is the minimum necessary to allow for reasonable uses of the property; and 6. Whether such use is consistent with the general purposes of the Grant County Zoning Code and the public interest. F, A landowner/applicant who satisfies one or more of the criteria outlined in Section B, may apply for a reasonable use exception, without first applied for a variance, only if the requested reasonable use exception includes relief from standards for which a varxance cannot be granted. G. A reasonable use exception perrriit application is a Type III process for the purpose of the Local Project Review Ordinance. Section B. Combined Review Authority In those cases where a proposed action seeking a variance also requires other county permits, the following procedures will apply: A, When other permits require a public hearing before the Planning Commission, the review of the reasonable use exception shall be combined with the other permit(s); or B. When other permits are administratively approved, review of the reasonable use exception may, at the Planning Commission discretion, be combined with other permits. In no case, however, shall approval of other permits dependent on the granting of a reasonable use exception proceed prior to the review and approval of such reasonable use exception by the Board of Grant County Commissioners / Hearings Examiner. C. In all cases of combined review, the most restrictive provisions for notification and processing shall govern the review of the reasonable use . exception request. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSINRS adopt this ordinance to take effect immediately for the preservation of reasonable uses(s) during the time period required to prepare and adopt an updated Comprehensive Plan in compliance with the Growth Management Act and establish a new zoning code implementing the GMA Comprehensive Plan, and these interim official controls 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 commissioner, or the adoption of new zoning code. Passed this � day of April, 1998 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON �� LeRoy Allison, Chair Helen Fancher, ember .��.... �-,.�-�..�-.e-' � Tim Sne d, ember Attest: � �� Clerk of t oard: APPROVED AS TO FORM: Prosecuting Attorney