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HomeMy WebLinkAboutOrdinance 07-085-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE: 07- 085 -CC An ordinance relating to the amendment of Grant County Unified Development Code Chapter 23.04, Zoning and 25.02, Definitions. Recitals: WHEREAS, the Board of County Commissioners of Grant County intend to comply fully with the laws and regulations of the State of Washington, and; WHEREAS, the Board of County Commissioners of Grant County adopted a Growth Management Act compliant Comprehensive Land Use Plan in September of 1999, and, WHEREAS, the Board of County Commissioners of Grant County adopted a Unified Development Code (UDC) implementing the Comprehensive Plan on October 1, 2000, and, WHEREAS, the Grant County Unified Development Code, Chapter 25.12 "Legislative Action", provides a process for amending the Code, and, WHEREAS, the UDC Committee initiated an amendment, under Chapter 25.12, to the Unified Development Code amending Chapter 23.04 and 25 02, and, WHEREAS, the Board of County Commissioners of Grant County have been advised by the Grant County Planning Commission that an open record public hearing was conducted on May 2, 2007, on the matter of amending the Grant County Unified Development Code, and; WHEREAS, on May 2, 2007 the Grant County Planning Commission voted unanimously to recommend to the Board of County Commissioners, approval of the UDC Amendment as proposed by UDC Comnuttee, and, WHEREAS, the Board of County Commissioners of Grant County held an open record public hearing on July 3, 2007, and; WHEREAS, the Board of County Commissioners have been advised by the Grant County Planning Department that the proposed UDC Amendment was processed in accordance with the requirements of UDC Chapter 25.12 "Legislative Action", and, WHEREAS, the Board of County Commissioners have been advised by the Grant County Planning Department that the proposed UDC Amendment was processed in accordance with the requirements of UDC Chapter 24 04 "State Environmental Policy Act", and; An ordinance relating to the amendment to the Unified Development Code Chapter § 23 04 and 25 02 WHEREAS, the Board of County Commissioners of Grant County have found that a Determination of Non -Significance and Adoption of Existing Environmental Documentation was issued for this proposal on March 14, 2006, and, WHEREAS, the Board of County Commissioners have found that the proposal is consistent with the Grant County Comprehensive Plan, and; WHEREAS, the Board of County Commissioners have provided the public and agencies of jurisdiction the opportunity to provide comment on the proposed UDC amendment, and, WHEREAS, the Board of County Commissioners have found that the UDC Amendments will serve the public use and interest. NOW, THEREFORE, the Board of County Commissioners of Grant County do hereby ordain to amend the Grant County Unified Development Code, Chapter 23 04 and 25 02 in the manner outlined in Attachment #1. BE IT FURTHER ORDAINED, the effective date of this ordinance shall be at 5p in. the date the ordinance is adopted and signed by 1', the Board of County Commissioners. PASSED AND ADOPTED this day of 2007. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANTCOUNTY, WASH NGTON / El El D �/ LeRoy C llison,r ATTEST: Ell", El 0 Ric and Stevens, Member Clerk of & Boo , Cl Cl U '� &i Cindy C e er, Member -2- Grant County Planning Department P 0 Box 37 - 32 C Street, Suite 26a Ephrata, WA 98823 (509) 754-2011 Ext 620 - FAX (509) 754-6097 GRANT COUNTY UNIFIED DEVELOPMENT CODE CHAPTER 23.04 — ZONING CHAPTER 25.02 — DEFINITIONS 1 AMENDMENTS TO: • 23.04.010 TITLE AND PURPPOSE • 23.04.020 SCOPE • 23.04.030 DISTRICTS, MAP AND BOUNDARIES • 23.04.040 TABLE 1 • 23.04.070 UNCLASSIFIED USE PERMIT • 23.04.100 NONCONFORMING USES • 23.04.120 TEMPORARY USES • 23.04.260 URBAN HEAVY INDUSTRIAL • 23.04.270 URBAN LIGHT INDUSTRIAL • 23.04.280 OPEN SPACE/BECREATION • 23.04.315 RURAL RESIDENTIAL I • 23.04.350 RURAL REMOTE • 23.04.500 RURAL GENERAL COMMERCIAL • 23.04.650 MASTER PLANNED RESORTS • 23.04.660 MASTER PLANNED INDUSTRIAL DEVELOPMENT • 23.04.800 PLANNED UNIT DEVELOPMENTS • 23.04 TABLE 3, 4, AND 5 (ALLOWABLE LAND USE TABLES) • 23.04 NOTES FOR TABLES 3, 4, AND 5 • 25.02 DEFININTIONS STAFF REPORT Date: June 4, 2007 To: Board of County Commissioners From: Grant County Planning Commission and Planning Staff 4 10 Description of Proposal: UDC Amendment of Chapter 23.04, Zoning and 25.02, Definitions The proposed amendments are the result of efforts made by the Unified Development Code (UDC) Committee, a five_- member a pointed group of County citizens, -,: 0,E7,VECI JUN 0 4 2007 y Gpx1 , COL�dN �Ci.;'iI� wN RS "PROVIDING THE PUBLIC SAFE, RELIABLE, RESOURCE EFFECTIVE LOCAL GOVERNMENT SERVICES WITH INTEGRITY" The proposed amendments are shown in legislative form, new language is "underlined" and highlighted, and the deleted language is shown as a "strike through" and is also highlighted Categories of Use within Tables 3, 4, and 5 utilize the following symbols: A = Uses allowed outnght D = Discretionary use subject to administrative review. C = Conditional use. P = Prohibited use PA = Plan Amendment Application NU...ber: 06-4439 Proponent: Unified Development Code (UDC) Committee, P.O. Box 37, 35 C Street NW, Ephrata, WA 98823. Location of Proposal: The proposed amendment to the Unified Development Code will be implemented county -wide. PC Recommendation: This project was reviewed by the Grant County Planning Commission at an Open Record Public Hearing on May 2, 2007. Upon review of the proposal the Planning Commission made a recommendation to the Board of County Commissioners to approve the proposed UDC Amendments. ENVIRONMENTAL REVIEW 1. A Determination of Significance and Adoption of Existing Environmental Documentation was issued for the adoption of the Grant County Unified Development Code on March 13, 2000. 2. The Grant County SEPA Official determined that the Environmental Impact Statement prepared for the Grant County Comprehensive Plan, issued September 30, 1999, is sufficient and appropriate to consider the impacts of the proposed amendments to Chapter 23 04 and 25.02 of the Unified Development Code. 3, A Determination of Non -Significance and Adoption of Existing Environmental Documentation was issued for the proposed amendments to Chapter 23.04 and 25.02 on March 14, 2006. (Attachment B) Agency and Public Notice: Notice of this proposed amendment to the Unified Development Code was published on April 18, 2007 in the Columbia Basin Herald and April 19, 2007 in the Quincy Valley Post Register. Also. notice of application and public hearing was sent to the agencies, special districts, and interested parties listed below for comment and review on April 16, 2007. HAHToms\UDC Amendinentftonmg tables 06-4439\Staff Report to BOCC doc 6/4/2007 Page 2 Reviewing Agencies: (Comments Due May 2, 2007) Agencies Notified ' - Response Agencies Notified Response ;. Received Received US DEPARTMENT OF THE INTERIOR None GRANT COUNTY PARC None BUREAU OF RECLAMATION PO BOX 1217 EPHRATA FIELD OFFICE MOSES LAKE, WA 98837 US ARMY CORP OF ENGINEERS None MOSES LAKE PARKS & REC None PO Box 273 MOSES LAKE, WA 98837 CHAT7AROY, WA 99003 US FISH & WILDLIFE SERVICE None STEVEN CO PLAN DEPT. None MosEs LAKE, WA 98837 COLVILLE, WA 99114 US BUREAU OF RECLAMATION None FARM BUREAU None GRAND COULEE, WA 99133 WARDEN, WA 98857 US BUREAU OF LAND MANAGEMENT None MOSQUITO CONTROL DIST None WENATCHEE, WA 98801-1521 MOSES LAKE, WA 98837 US BUREAU OF LAND None KBSN RADIO None MANAGEMENT MOSES LAKE, WA 98837 SPOKANE, WA 99212-1275 US DEPT OF THE INTERIOR None BOARD OF REALTORS None WENATCHEE, WA 98801 MOSES LAKE, WA 98837 US DEPT OF GAME None KWIQ None EPHRATA, WA 98823 MOSES LAKE, WA 98837 FEDERAL AVIATION ADMINISTRATION None COLUMBIABASIN None RENTON, WA 98055-4056 DEVELOPMENT LEAGUE ROYAL CITY, WA 99357 LINDA KOHN None NORTH COLUMBIA COMMUNITY None DCTED ACTION COUNCIL OLYMPIA, WA 98504-2525 MOSES LAKE, WA 98837 HOLLY GADBOW None AMERICAN CANCER SOCIETY None DCTED MOSES LAKE, WA 98837 OLYMPIA, WA 98504-8300 HAL HART None GRANT COUNTY FARM BUREAU None DCTED MOSES LAKE, WA 98837 OLYMPIA, WA 98504-8300 DEPT OFCORRECTIONS None GRANT COUNTY VETERANS None OLYMPIA, WA 99504-1112 SERVICES MOSES LAKE, WA 98837 COMMITTEE ON OUTDOOR RECREATION None HOME BUILDERS ASSOC None OLYMPIA, WA 98504-0917 MOSES LAKE, WA 98837 PARKS AND RECREATION COMMISSION None ROYAL SLOPE FARM LABOR None OLYMPIA, WA 98504-2650 HOUSING CORP MOSES LAKE, WA 98837 DEPT OF SOCIAL AND HEALTH None NATURALRESOURCECONSERVATION None SERVICES EPHRATA, WA 98823 OLYMPIA, WA 98504-5000 DEPT OF HEALTH None QUINCY ROTARY CLUB None DIV OFDRINKING WATER QUINCY, WA 98848 OLYMPIA W A 98504-7370 SEPA/ GMA COORDINATOR None MOSES LAKE REALTORS ASSOC None DEPT oFEcoLoGY OTHELLO, WA 99344 OLYMPIA, WA 98504-7600 H \HTones\UDC Amendments\zomng tables 06-4439\Statf Report to BOCC.doc 6/4/2007 Page 3 DEPT OFFISH&WILDLIFE None CONFEDERATED TRIBES &BANDS OF None OLYMPIA, WA 98SO4-3155 THE YAKIMA INDIAN NATION TOPPENISH, WA 98948 DEPT OFNATURAL RESOURCES None EMERGENCY SERVICES None OLYMPIA, WA 98504-7001 MOSES LAKE, WA 98837 PUGET SOUND WATER QUALITY ACTION None YAKAMA INDIAN NATION None TEAM TOPPENISH, WA 98948 OLYMPIA, WA 98504-0900 REVIFw TEAM None SAMMONS COMMUNICATIONS None CTED GROWTH MANAGEMENT MOSES LAKE, WA 98837 SERVICES OLYMPIA, WA 98504-2525 WA STATE PARKS AND RECREATION None EADS CONSULTING None COMMISSION EPHRATA, WA 98823 WENATCHEE. WA 98801-1007 BILLFRASSER None BIG BEND EDC None WA STATE PARK COMMISSION MOSES LAKE, WA 98837 OLYMPIA, WA 98801-1007 WA STATE PARKS & RECREATION None GRANT COUNTY ASS OFREALTORS None OLYMPIA, WA 98504-2653 EPHRATA. WA 98823 WA STATE PARKS & RECREATION None SADDLE MOUNTAIN MINERALS, None WENATCHEE, WA 98801 LLC MATTAWA, WA 99349 WA DEPT OF TRANSPORTATION None EPHRATA POST OFFICE None NORTH CENTRAL REGION EPHRATA, WA 98823 WENATCHEE, WA 98807-0098 DEPARTMENT OF ECOLOGY one QUINCY POST OFFICE None SPOKANE, WA 99205-1295 QUINCY, WA 98848 DEPT OF ECOLOGY None ROYAL CITY POST OFFICE None OLYMPIA, WA 98504-7600 ROYAL CITY, WA 99357 DEPT OF ECOLOGY None WARDEN POST OFFICE None SPOKANE. WA 99205 WARDEN, WA 98857 DEPT OFEcOLOCY None WILSON CREEK POST OFFICE None OLYMPIA, WA 98504-3155 WILSON CREEK, WA 98860 DEPT. OF HEALTH None ELECTRIC CITY POST OFFICE None SPOKANE, WA 99201-2595 ELECTRIC CITY, WA 99123 DEPT OF HEALTH None GRAND COULEE POST OFFICE None OLYMPIA, WA 98504-7822 GRAND COULEE, WA 99133 DEPT OF HEALTH & DRINKING WATER None COULEE DAM POST OFFICE None SPOKANE, WA 99204-1639 COULEE DAM, WA 99116 DEPT OF NATURAL RESOURCES None COULEE CITY POST OFFICE None SOUTHEASTREGJON COULEE CITY, WA 99115 ELLENSBURG, WA 98926-9341 DEPT_ OF NATURAL RESOURCES None HARTLINE POST OFFICE None OLYMPIA, WA 98504-7014 HARTLINE, WA 99135 DEPT OF NATURAL RESOURCES None DESERT AIRE HOMFOWNERS ASSOC None SEPA CENTER OLYMPIA, WA 98504-7014 OFFICE OF ARCHEOLOGY AND HISTORIC None STEVE HALLSTROM None PRESERVATION EPHRATA, WA 98823 OLYMPIA, WA 98504-8343 DEPT OFFISH&WILDLIFE None COLUMBIA NORTHWEST ENG None OLYMPIA, WA 98504-3155 MOSES LAKE. WA 98837 DEPT OF FISH & WILDLIFE None MICHAEL McCORMICK, AICP None MILL CREEK, WA 98012 OLYMPIA, WA 98501 H \HTorres\UDC Amendments\zonrng tables 06-4439\Staff Report to BOCC doe 6/4/2007 Page 4 DEPT OFFISH AND WILDLIFE None JAMES A WHITAKER None EPHRATA, WA 98823 LEMARGIE & WHITAKER EPHRATA, WA 98823 DEPT OF LABOR & INDUSTRIES None KATHERINE L KENISION None OLYMPIA, WA 98504-4000 LEMARG[E & WHITAKER EPHRATA, WA 9882 SUPERINTENDENT OFPUI3LIC None WANAPUM BAND OF INDIANS None INSTRUCTION BEVERLY, WA 99321-0164 OLYMPIA, WA 98504-7200 WA UTILITIES & TRANSPORTATION None WANAPUM BAND OF INDIANS None OLYMPIA, WA 98504-7250 BEVERLY, WA 99321-0164 OFFICE OF FINANCIAL MANAGEMENT None COLUMBIA BASIN GWMA None OLYMPIA, WA 98504-3113 OTHELLO, W A 99344 DEPT OF GENERAL ADMINISTRATION None GRANT CO FAIR GROUNDS None OLYMPIA, WA 98504-1000 MOSES LAKE, WA 98837 DEPT OF AGRICULTURE None COULEE CITY CHAMBER OF None OLYMPIA, WA 98504 COMMERCE DEPT OF SOCIAL & HEALTH SERVICES None EPHRATA CHAMBER OF None OLYMPIA, WA 98504-7822 COMMERCE DEPT. OF SOCIAL & HEALTH SERVICES None GRAND COULEE DAM AREA CHAMBER None OLYMPIA, WA 98504-5848 OFCOMMERCE WA STATE ENERGY OFFICE None MATTAWA AREA CHAMBER OF None OLYMPIA, WA 98504-3165 COMMERCE MAYOR AND COUNCIL None MOSES LAKE CHAMBER OF None TowN OF COULEE DAM COMMERCE MAYOR AND COUNCIL None QUINCY VALLEY CHAMBER OF None TOWN OF ELECTRIC CITY COMMERCE MAYOR AND COUNCIL None ROYAL CITY CHAMBER OFCOMMERCE None CITY OF EPHRATA MAYOR AND COUNCIL None SOAP LAKE CHAMBER OF COMMERCE None CITY OF GEORGE MAYOR AND COUNCIL None LIND CHAMBER OF COMMERCE None CITY OF GRAND COULEE MAYOR AND COUNCIL None RITZVILLE CHAMBER OF None TOWN OF HARTLINE COMMERCE MAYOR AND COUNCIL None GEORGE VISITOR CENTER None TOWN OF KRUPP MAYOR AND COUNCIL None CENTRAL BASIN AUDUBON None CITY OFMA17AWA SOCIETY, MOSES LAKE WA MAYOR AND COUNCIL None BIG BEND COMMUNITY None CITY OF MOSES LAKE COLLEGE MAYOR AND COUNCIL None EDAW None CITY OF QUINCY SEATTLE, WA 98101 MAYOR AND COUNCIL None WARDEN SCHOOL DIST None CITY OF ROYAL CITY MAYOR AND COUNCIL None ROYAL CITY SCHOOL DIST None CITY OF SOAP LAKE MAYOR AND COUNCIL None QUINCY SCHOOL DIST None CITY OF WARDEN MAY OR AND COUNCIL None SOAP LAKE SCHOOL DIST. None TOWN OF WILSON CREEK MAYOR AND COUNCIL None MOSES LAKE SCHOOL DISTRICT None TOWN OF COULEE CITY CITY MANAGER None GRAND COULEE SCHOOL DIST None CITY OFEPHRATA COULEE DAM, WA 99116 H-\HTorres\UDC AmendmenlS\Zonmg tables 06-4439\Staff Report to BOCC doc 6/4/2007 Page 5 JOSEPH GAVMKI None COULEEIHARTLINE SCHOOL DIST None CITY MANAGER PO BOX 428 CITY OF MOSES LAKE COULEE CITY, WA 99115 GILBERTALVARADO None GRANTCOUNTYHOSPITALDIST #I, None CITY OF MOSES LAKE MOSES LAKE, WA 98837 GILBERT ALVARADO None GRANT COUNTY HOSPITAL DIST #2, None CITY OF ROYAL CITY QUINCY, WA 98848 GILBERTALVARADO None GRANT COUNTY HOSPITAL DIST #3, None CITY OF GEORGE EPHRATA, WA 98823 CHAIRMAN BOARD OF COUNTY None GRANT COUNTY HOSPITAL DIST #4, None COMMISSIONERS, ADAMS COUNTY SOAP LAKE, WA 98851 CHAIRMAN BOARD OF COUNTY None GRANT COUNTY HOSPITAL DIST #5, None COMMISSIONERS, BENTON COUNTY MATTAWA, WA 99344 CHAIRMAN BOARD OF COUNTY None GRANT COUNTY HOSPITAL DIST None COMMISSIONERS, LINCOLN COUNTY #6, GRAND COULEE WA CHAIRMAN BOARD OF COUNTY None EAST COLLIN4131A BASIN None COMMISSIONERS, DOUGLAS COUNTY OTHELLO, WA 99344 CHAIRMAN BOARD OF COUNTY None BLACK SANDS IRRIGATION DIST None COMMISSIONERS, FRANKLINS COUNTY MOSES LAKE, WA 98837 CHAIRMAN BOARD OF COUNTY None MOSES LAKE IRRIGATION DIST None COMMISSIONERS, KrITPTAS COUNTY MOSES LAKE, WA 98837 CHAIRMAN BOARD OF COUNTY None QUINCY IRRIGATION DIST None COMMISSIONERS, OKANOGAN COUNTY QUINCY, WA 98848 CHAIRMAN BOARD OF COUNTY None SOUTH COLUMBIA IRRIGATION DIST, None COMMISSIONERS, YAKIMA COUNTY PASCO, WA 99301-1006 GRANT COUNTY PUD NO 2 None GRANT COUNTY WEED DIST. #I None EPHRATA, WA 98823 QUINCY, WA 98848 GRANT COUNTY EDC None GRANT COUNTY WEED DIST #3 None Moses Lake, WA 98837 GEORGE, WA 98824 GRANT COUNTY HEALTH DIST. None GRANT COUNTY WEED DIST #51 None EPHRATA, WA 98823 WARDEN, WA 98857 PUBLIC WORKS DIRECTOR None GRANT COUNTY WEED DIST #52 None GRANT COUNTY PUBLIC WORKS ROYAL CITY, WA 99357 GRANT COUNTY FARM BUREAU None EPHRATA LIBRARY None MOSES LAKE, WA 98837 GRANT COUNTY TRANSIT AUTHORITY None MOSES LAKE LIBRARY None EPHRATA, WA 98823 GRANT COUNTY HOUSING AUTHORITY None QUINCY LIBRARY None MOSES LAKE, WA 98837 GRANT COUNTY WEED BOARD None SOAP LAKE LIBRARY None EPHRATA, WA 98823 PORTOPQUINCY, DisTRICT#1 None COULEE CITY LIBRARY None PORT OF ROYAL SLOPE, DIST #2 None GRAND COULEE LIBRARY None PORT OF MATTAWA, DISTRICT #3 None ROYAL CITY LIBRARY None PORT OF COULEE CITY, DISTRICT #4 None WARDEN LIBRARY None PORT OF HARTLINE, DISTRICT #5 None N CENTRAL REGIONAL None LIBRARY, WENATCHEE. WA GRANT COUNTY FIRE DIST #12 None PORT OF WILSON CREEK, DISTRICT #6, None WILSON CREEK, WA 98860 GRANT COUNTY FIRE DIST #13 None PORT OF GRAND COULEE, DISTRICT #7 None EPHRATA, WA 98823 GRANT COUNTY FIRE DIST #14 None PORT OF WARDEN, DISTRICT #8 None GRAND COULEE, WA 99113 Wilson Creek School Dist None PORT OF EPHRATA, DISTRICT # 9 None H \HTorres\UDC AmendmentAzomng tables 06-4439\Staff Report to BOCC.doc 6/4/2007 Page 6 George/Quincy School Dist None PORT OFMosEs LAKE, DE;TRiCT#10 None Royal City School Dist None GRAN i COUNTY FIRE DIST #3 None QUINCY, WA 98848 EPHRATA SCHOOL DIST None GRANT COUNTY FIRE DIST #4 None WARDEN WA 98857 WAHLUKE SCHOOLDIST None GRANT COUNTY FIRE DIST #6 None MATTAWA, WA 99349 HARTLINL, WA 99135 GRANT COUNTY FIRE DIST #11 None GRANT COUNTYFiRE DIST #7 None ROYAL CITY, W A 99349 SOAP LAKE, WA 98851 GR ANT COUNTY FIRE DIST #8 None GRANT COUNTY FIRE DIST #10 None MATrAWA, WA 99349 RoYAL CITY, WA 99357 Agency Comments: (No Comments have been received) Public Comments: (No Comments have been received.) PROPOSED UNIFIED DEVELOPMENT CODE AMENDMENTS (See Attachment A) ACTION Upon consideration of the proposed amendment the Board of County Commissioners should make a decision to approve, approve with modifications, deny the proposed amendment to the Unified Development Code, or continue the public process to allow for additional review. FINDINGS OF FACT The Planning Commission may want to consider the following findings of fact in making its recommendation to approve, approve with modifications, or deny the proposed amendment to the Unified Development Code: 1. Adequate accommodations [have] been made for agencies, individuals and interest groups to be heard and Planning Commission has thoroughly considered the testimony in the record. 2. The proposed amendments [are] consistent with adopted Comprehensive Plan goals, objectives and policies, and [do not] create adverse impacts to offsite properties, and promote flexibility of property use. 3. The proposed amendments [do] conform to the general intent and purpose of the Comprehensive Plan. 4. The public inteiest [will not] be served by the proposed amendments. H \HTorres\UDC AmendmentAzonmg tables 06-4439\Staff Report to BOCC.doc 6!4/2007 Page 7 List of attachments Attachment A — Proposed Amendment H \HTorres\UDC AmendmentAzomng tables 06-4439\Staff Report to BOCC doe 6/4/2007 Page 8 GRANT COUNTY PLANNING COMMISSION Chairman: Bill Bailey Vice Chairman: Dale Walker Board Members: 011ie Click, Lee Graham, Gary Piercy, Jon A. Hatt, James 'Pu0ier,_1!Jim Fleming and Blair Fughe Secretary: Doris Long ' COMMISSIONERS' HEARING ROOM - GRANT COUNTY COURTHOUSE, EPHRATA, WASHINGTON MAY 212007 @ 7:00,P..M. Members present: Vice -Chairman Dale Walker, Lee Graham, Jiro Fleming, Jon -A. Hatt, Blair Fughe, 011ie Click, James Turner n 61 Members absent: Gary Piercy, Bill Bailey Board Action:�, , Vice Chairman Dale Walker swears in,those wrs itig.to testify athis hearing in mass: Do you hereby swear or affirm under penalty of perjury under the laws of the State of Washington that the testimony that you give is truthful and accurate.to the best of your knowledge and belief? Approval of April 14,.,6T'Meeting Mmutcs. Jim Fleming motioned to approve the meeting minutes with corrections and 011ie Click seconds the motion. The members voted and the motion,passed unanimously. 1. PUBLIC HEARING —Anthony Schneider —Preliminary Subdivision- A preliminary subdivision of a 53.28 acre -parcel into five (5) lbrs.in theRural Residential -1 (RRI) Zone of Grant County. All five (5) lots 1'11will be for residential purposesf FILE 406-4633 S 18, T. 20, R 26 Igor Shaporda - Project Planner Igor Sbaporda piiesent0he Staffs Report to the Planning Commission members along with Agencies/Departments and Public comments that have been received. Staff displays maps/photos on the overhead showing the location of the proposal along with surrounding zoning Igor asks the Planning Commission if they have any questions for him. Dale asks Igor about the primary issue of the access to the corner piece of the lot. He asks if the easement in question had been removed from the preliminary plat. Igor answers no that the easement will stay, but the issue has been resolved by adding note #9, which states that the triangular piece will be designated as non -buildable Planning Commission Meeting Minutes 1 May 2, 2007 Dale asks if Public Works was satisfied with that condition. Igor responds yes, he has an e-mail from Sam Lamb stating that it was approved by Derek Pohle. Jon and Igor discuss which road provides the primary access to the lot. Jon asks how the isolated triangular piece in Lot 3 is being dealt with. ta„:_P,., Igor states that unfortunately he didn't have any solid evidence to present at the'Ame, but 1;9has been told by Mr. Knudsen that the applicant has reached an agreement with the Bureau f32eclamation. Dale asks if the problem with the road crossing the Bureau of Reclamatiorf" ght of way being resolved, and the Bureau signing off on the issue of the access are both Conditions ofA , roval:-�: I Igor answers that hopefully they will consent to the crossing y "eir easement to allow the ass for Lots 4 & 5. a Dale asks if the Bureau doesn't allow it would the plat then n approved. Igor answers that is right. Igor reads to the Planning Commission and the crossing of the right of way. Blair asks how they are dealing with the Dale responds that if the would not be any access Dale, Lee and Blair' 'disdiiss.that south border. The other being-,tt ni: Igor states,tl a flteg8-,are two iss ii Lots 3,4,k 5, due to tlie�road ci lrtro approval #I2(b),, rp}afmg to of the lot. of the the access to Lots 3, 4 & 5 not allow them to cross their right of way; then there issues, one being the Bureau of Reclamation issue on the goes up along the side of the lots. the one easement issue has been resolved. The other issue is the access to Bureau of Reclamation's facility. DalFas%s,if it is an open cadal. Igor display0 aerial photo sof the area of concern on the overhead. Dale asks if the area o concern is the underground portion of the siphon. 2112 Igor answers yes, the aerial photo reflects the area as it was in 2002. Stirling Knudsen P. O. Box 505, Ephrata, previously sworn. Stirling explains to the Planning Commission that the reason the project was tabled from April's meeting was so the issue of the easement for the triangular piece of the lot could be resolved He goes on to say that Mr. Schneider lives on that lot and he proposed the easement coming off of the main road so he could insure that he had access to that piece of his lot. Planning Commission Meeting Minutes 2 May 2, 2007 Stirling also explains Lot 2 has not been purchased, as of yet, so there is no present need for an easement. The issue with the Bureau of Reclamation for the similar triangle on that lot will remain at this time. The Bureau has reached an agreement and the signing of the plat by them has been made a Condition of Approval. Dale states the issue he had with Public Works has been answered and he is satisfied. Stirling states that the easement is not intended as access to the portion of the lot thatfoould be built on. The access is more for security reasons and for that reason Mr. Schneider has no problem with.it being designated as non -buildable. Jon asks Stirling what his thoughts are on the resolution with the Bureau of Reclamation. Stirling said Mr. Schneider told him he had reached an agreement with the Bureau. He further states.that the filing of the plat depends on if the issue gets resolved or not For that reason he doesn't feel it would be fair to table it again. Jon said his concern is that the Bureau of Reclamation is4going to require the easement to be reinforced and how does something like that get resolved. Stinting responds the Bureau of Reclamation probably relies on information from their engineering firm He goes onto give an example of the same situation with a neighboring plat explaining that the access was granted, so this is not the first time the Bureau has had to consider this type of request. Dale asks if Mr. Schneider would have a problem with the PlafiningiCommission making the signing of the plat by the Bureau of Reclamation as one of the Conditions of Approval. Stirling answers absolutely,,riot.,'Mf.='Schneider is prepared to handle that. PUBLIC TESTIMONY OPENED PUBLIC TESTIMONYJS CLOSED.` �• c ACTION: LEE GRAHAM MAKES_ MOTION TO APPROVE THE ANTHONY SCHNEIDER PRELIMINARY SUBDIVISION WITH THE FIFTEEN (15) CONDITIONS OF APPROVAL AND THE TWELVE (12) FINDINGS OF FACT. BLAIR FUGLIE SECONDS THE MOTION. IT IS VOTED ON AND PASSED UNANIMOUSLY. 0 FINDINGS,OF FACT IN THE AFFIRMATIVE. 2. PUBLIC HEARIN - —V ttone Family Trust— Minor Zone Change- A Minor Zone Change of one 46.17 -acre parcel from Rural Remote to Agriculture, in order to make zoning consistent with the Comprehensive Plan Land - Use Desienation FILE #07-4722 S. 08, T 13, R 24 Rick Rettig - Project Planner Planning Commission Meeting Minutes 3 May 2, 2007 Rick Rettig presents the staffs report along with Agencies/Departments and Public comments that have been received. Staff displays maps/photos on the overhead showing the location of the proposal along with surrounding zoning. Rick asks the Planning Commission if they have any questions for him. The Planning Commission have no questions for Rick. PUBLIC TESTIMONY OPENED. PUBLIC TESTIMONY CLOSED. Tim Jenne 15639 Road 23 SW, Mattawa, previously sworn. Lee asks if there had been any test wells drilled and if so at what depth Mr. Jenne answers that he hadn't drilled any test wells. Lee asks if there were any wells located in the immediate Mr. Jenne responds that he has heard of a well located James asks what happens to the septage after it is applied to the Mr. Jenne explains to the Planning the septage ;'t e waterIound. that is 130 feet deep. operate and the process it goes through. Lee asks where the septage is coming from. Mr. Jenne replies that they own septic and portabte t flet company and the septage would be from the Mattawa, Desert Aire and lily _areas. He also explains to the Planning Commission about how the Department of Ecology requires a 20=o�o portable toilet waste ratio to a 80% septage ratio and how that is achieved. �, c " k All z 4 Jon asks if they monitor the 'oiL itd rf so how often is it tested. Mr. Jenner n`s .,,s, they tesi once month and submit the report to the Department of Ecology. it is pretty heaeily regul4 e and Mr. Jenne agrees. ACTION�i_� EE GRAHAM MADS A MOTION TO APPROVE THE VITTONE FAMILY TRUST — MINOR ZONE CHANGE AS PRESENTED BY THE PLANNING DEPARTMENT STAFF WITH THE TEN (10) FINDINGS OF FACT. JAMES TURNER SECONDS THE MOTION.' ITIS VOTED ON AN'PASSED UNANIMOUSLY. FINDINGS OF FACT IN THE AFFIRMATIVE. 3. ,PUBLIC HEARING— Unified Development Code Committee —Unified Development Code Amendment to. Chapters 23.04 Zoning and 25 02 Definitions File #06-4439 Hector Torres - Project Planner Planning Commission Meeting Minutes 4 May 2, 2007 To refresh the memories of the Planning Commission Hector Torres gives a brief history of the process that the Unified Development Code Amendments have been through up to this point He explains copies of the Unified Development Code Amendment were provided to them at the last Planning Commission Meeting for their review. Hector also explains it was being brought before them today as an actual public hearing and for recommendation to the Board of County Commissioners. Hector asks if the Planning Commission have any questions they would like foi him to answer. Dale and Hector discuss how they should proceed with reviewing the proposed amendi;,ents for the Unified Development Code. They also discuss the location of the Zoning Tables in the Code, the outline of the chapters and the format of the editing. oe Dales asks if the UDC Review Committee were able to see the changes after the attorneys had gone over them. Hector said he doesn't know for sure, but doesn't think that they_ have had that opportunity. ,. Jon asks if there were any revisions made to the copy provided tonight compared to the copy'they were provided to review from the last meeting. Hector answers no, it is the same. They were provided the copy at last month's meeting to allow them time to review the amendments. Jon states he read it but didn't actually study it, butthere were some good changes made It makes common sense to apply the changes and he doesn4t see -any major problems with them. u�a• Blair states his concern is if the Unified Development Code Review Committee has seen it and if they had the opportunity to submit their thoughts on the changes Dave Nelson states he hada brief discussion with Bill Bdiley concerning the UDC Review Committee and the proposed amendments that Hector provided to them are the Committee's recommendation. There is then a discussion tetween the Planning Commission, Dave Nelson and Hector concerning the copy of the Unified Development Code Amendments that were provided to the Members regarding the editing process and the feasibility categonzation of the proposed amendments by the land use attorneys. They also discussed how the"amendment process wouldjtnke-place in phases and how the finalization of the amendments to the Unified Development Code would occur. PUBLIC TESTIMONY OPENED. PUBLIC TESTIMONY IS CLOSED. Dale states his concern is that he would have liked to have had Bill present to speak for the Review Committee and verify that the amendments are in fact the changes the Committee recommended. The Planning Commission Members discuss the issue of Bill not being in attendance and not having any members of the Review Committee present to give them any testimony as to their thoughts regarding the proposed amendments they are to vote on. Dave Nelson reports to the Planning Commission that after speaking with Bill it was his understanding that Bill was okay with this moving forward and he did not want to have it stall because of his absence from the meeting Planning Commission Meeting Mmutm 5 May 2, 2007 Dale clarifies with Dave that Bill was the Chairman of the Unified Development Code Review Committee and that he did want the Planning Commission to move forward with the project. ACTION: JAMES TURNER MAKES A MOTION TO APPROVE THE REVIEW COMMITTEE'S RECOMMENDED AMRNDMENTS OF THE UNIFIED DEVELOPMENT CODE, CHAPTERS 23.04 ZONING AND 25.02 DEFINITIONS. OLLIE CLICK SECONDS THE MOTION. VOTED ON AND PASS FINDINGS OF FACT IN THE AFFIRMATIVE. OTHER DISCUSSION ITEMS: SETTING OF A ALTERNATIVE HEARING DE the normal July meeting date, is the 4' of July holid: Dales asks the Planning Commission if they have a July meeting held on. Dave Nelson states that Wednesday July 11t� Adjustment Meeting is scheduled. = ` After a brief discussion it is decided to check County Commissioners' meeting room would July 12th W of the month, e to have the not an option due to the -fact that that is the evening the Board of tth Barb _,` squez, Clerk of the Board, to see if the Board of csavail4'6 for either"Tuesday July l Ot (preferably) or Thursday Approved by: Bill Bailey, Chairman Planning Commission Meeting Minutes 6 May 2, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 23 04 Title 23 ZONING Chapters: 23.04 Zoning Districts 23.08 Performance and Use -Specific Standards 23.12 Development Standards Grant County UDC Review Committee Amendment Recommendation to Chapter 23.04 For ease of review, proposed changes have been highlighted in gray and are presented in "legislative form" (deleted language is shown as a "single -line strike out", new language/modifications are "underlined"). Appointed Grant County UDC Review Committee Participants: Bill Bailey, Grant County Planning Conurussion Phillip Bloom P E, Columbia Northwest Engineering Terry Brewer, Grant County Economic Development Council Lisa Marcusen, Toniln son Black Real Estate Larry Peterson, Moses Lake Port Distnct November 10, 2005 with Modified Tables 3, 4 & 5: PROPOSAL "C" Based on Lcgal Council review and guidance. April 1, 2007 UDC Conmvttec Rccomurendation 1 Chapter 23.04 2 3 4 ZONING DISTRICTS 5 6 Sections Page 7 Article I. General Provisions.................................................................................................... 1 8 23-04010 Title and Purpose ................... ............................... ........................... ............1 9 23 04 020 Scope ......................................... ................................................................ 1 10 23 04 030 Districts, Maps and Boundaries............................................................. .................. ] 11 23.04 040 Land Use Regulations—Allowable, Administrative, Conditional and Prohibited Uses... 4 12 23.04 050 Land Use Regulations — General Provisions .................................................. .. ...7 13 23 04 060 Land Use Review Procedures ............................................................. 8 14 23.04 070 Unclassified Use Permit — Siting of Essential Public Facilities .... ...... 9 15 23 04 075 Unclassified Use Permit.. I ..... ............. ........ I .................... ....... 10 16 23 04.080 Right to Fann/Mmeral Resource Land Protection Provisions .......................... ...... 11 17 23.04.090 Overlay Districts and Subarea Plans......................................................................12 18 2304 100 Nonconforming Uses ................................................................................ ......... 13 19 2304 105 Lot Consolidation.........................................................................................................14 20 23.04.110 Accessory Uses................................................................................................ 14 21 23 04 120 Tempoiary Uses............................................................................ ....................... ......15 22 23.04.140 Site Plan Review....................................................................................................16 23 23.04.150 Minor Zoning Amendments (Minor Rezones) ........................ . ....... .. .... ..18 24 23 04 160 Major Zoning Amendments (Major Rezones) ................................. .. .. ...20 25 23 04 170 Reasonable Use Exception........................................................ .............21 26 27 Article II. Unincorporated Portions of Urban Growth Areas Zoning Districts .............. 22 28 23 04 200 General ... ................. .. . .. ....... ................. . ............ ........ . . ....... ........22 29 23.04 205 Urban Residential 1 (URI)................................................................................... ...23 30 23.04 210 Urban Residential 2(UP-2) .............................................................................................23 31 23 04 220 Urban Residential 3(UR3)...........................................................................................23 32 23.04.230 Urban Residential 4(UR4)......................................................................... ........ ....24 33 23 04 240 Urban Commercial 1(UC1)........................................................................................24 34 23 04 250 Urban Commercial 2(UC2)..........................................................................................24 35 23 04 260 Urban Heavy Industrial (UHI)............................................................. .......................24 36 23 04 270 Urban Light Industrial (ULI)................................................................................25 37 23 04 280 Open Space/Recreation (OSR)....... .. .... ........... ............. ............. ............27 38 23.04 290 Public Facility (PF) ..................... ............................... ............. .....27 39 23 04 300 Urban Reserve(UR)................................... ...................... ............... ... . 28 40 23.04.305 Grant County International Airport (AP) ......................................................... .....28 41 42 Article III. Rural Lands Zoning Districts............................................................................. 28 43 23 04.310 General ............... .......................................................... ..........28 44 23 04.315 Rural Residential 1 (RRI)............................................................ ....................29 45 23.04.320 Rural Residential 2 (RR -2) ....................................................................................29 46 23 04.330 Rural Residential 3 (RR3)................ ..... ..... I ......... 29 47 23.04.350 Rural Remote (RRem) .............. .. .............. ...........30 48 23 04 360 Rural Urban Reserve (RUR) .................. ....... ... .. ..... ................... ...30 49 50 Chapter 23 04 11 UDC Committee Recomrmeedaaom WMod f ed Tables 3,4 & 5 - R oposal "C 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Sections Page Article IV. Rural Activity Centers Zoning Districts............................................................ 30 23 04 400 General ............... ...... ..... .... . ............ .. ......... ...... I ... .... ........ .30 23 04 405 Rural Village Residential (RVR) ....... ............... 31 23 04 410 Rural Village Commercial (RVC) . A2 23 04 420 Rural Village Industrial (RVI) ... ... 32 23 04 430 Rural Community (RC) . .......... .... ........ 32 23 04 440 Agricultural Service Center (ASC) ... ......... ......... ..... ........ ........... 32 23 04 450 Recreational Development (RD) .............................. ...... ....33 23 04.460 Shoreline Development I (SDI)...33 23 04.470 Shoi ehne Development 2 (SD2) . .... . ........ .................. 34 23 04 480 Shoiehne Development 3 (SD3) ........... ... .......... ............ 34 23.04 490 Shoreline Development 4 (SD4).......................................... ..................... 34 23.04.500 Rural General Commercial (RGC)..................................... . ........... . ........ 34 23 04.510 Rural Neighborhood Commercial (RNC) ............... . ...................... ........35 23 04 520 Rural Freeway Commercial (RFC) ........................ .......................... .. ..........36 23.04 530 Rural Light Industrial (RLI) .............................. ........... ...........,............. 36 23 04.540 Rural Heavy Industrial (RHI) ......................... ......... . . ...................... . .. 39 23 04 550 Rural Recreational Commercial (RRC)......... .......... 40 Article V. Resource Lands Zoning Districts....................................................................... 40 23.04.560 Agricultural (AG) ................ ........................................................................... 40 Article VI. Special and Overlay Zoning Districts................................................................ 42 23 04 600 General ................................................................................ ....42 23.04.610 Open Space Conservation(OSC)............................................................................. 43 23 04 620 Public Open Space (POS) ................... 44 ................................................... 23 04 630 Mineral Resource Overlay (MRO).......................................................... .....................45 23 04 640 Aerospace Overlay (AO) ...................... ................. . 47 23.04 645 Airport Safety Overlay (ASO) .............. . .... .. ........................ .......... . 48 23 04 650 Master Planned Resorts (MPR) . ........ .............. ........................... . ..... ....52 23 04 660 Master Planned Industrial Development (MPI) ..... —- ............... I .... ... . ...... 53 ArticleVII. Subarea Plans...................................................................................................... 54 23 04 700 Reserved . ...... ............. .. . ......... ..... ........... ................. ............. . .54 Article VIII. Planned Unit Developments............................................................................... 54 23 04 800 Planned Unit Developments...................................................... .... ........... 54 Chapter 23 04 to UDC Commute, Recmnmendwwn ,., e1-1111111 'I',"-, i e.i < n.,,,.,.I r^- ninimo I Article I. General Provisions 2 3 23.04.010 Title and Purpose 4 5 (a) Title 23 of the Grant County Code is comprised of Chapters 23,04 — Zoning Districts, 23.08 — 6 Performance and Use -specific Standards, and 23 12 — Development Standards, and official zoning 7 maps, and shall be known as the zoning code of Grant County, Washington The zoning code is 8 intended to cagy out the goals and policies of the Grant County Comprehensive Plan, and to benefit 9 the public as a whole and not any specific person or class of persons. The zoning code classifies, 10 designates, and regulates the development of land for agriculture, mineral resource extraction, 11 residential, commercial, industrial, recreation, tourism and public land' uses for tine: unimoiporaied 12 area of Grant County. 13 14 (b) It is the purpose of this Chapter to: 15 (1) Conserve Grant County's resources, 16 (2) Provide adequate open spaces for light, air, and reducing the hazards of fires, 17 (3) Provide the economic and social advantages that result from orderly, planned use of land resources; 18 (4) Facilitate energy conservation and the use of renewable energy resources, 19 (5) Enhance the livability and quality of housing; 20 (6) Provide for desirable, appropriately located living areas in a variety of dwelling types with a suitable 21 range of population densities; 22 (7) Provide affordable housing; 23 (8) Provide for the preservation of adequate space for commercial, industrial, and other activities 24 necessary for a healthy and diversified economy; 25 (9) Provide for the preservation of historically of archaeologically significant land resources; 26 (10) Lessen congestion of streets, 27 (11) Enhance predictability regarding future development so that decisions can be made regarding future 28 development; 29 (12) Provide for judicious, efficient, timely, and reasonable administration respecting due process set forth 30 in this Ordinance and other applicable laws, and 31 (13) Protect and promote the public health, safety and general welfare, with respect for private property 32 rights 33 (14) Pi-oiect andpromote aimcidtuiahaetivities; 34 (15) Provide for die develo 7ment of recreational opuoi tunitles. 35 36 23.04.020 Scope 37 38 (a) Applicability: this Chapter shall apply to unincorporated areas under Grant County land use 39 regulatory authority, including the unincorporated areas of urban growth areas. 40 41 (b) Construction: This Chapter shall be liberally construed to secure the public health, safety, and welfare 42 of the people and the land When interpreting this UDC, the minimum requirement necessary to 43 achieve the intent shall prevail Wherever the requirements of the ordinance conflict with other laws 44 in effect, that which imposes the higher standard while meeting the intent of the codes shall prevail 45 46 (c) Administrative Official. It shall be the responsibility of the Administrative Official, or his or her 47 designee, to interpret and apply the provisions of this Chapter pursuant to GCC 25 04.100. 48 49 23.04.030 Districts, Maps and Boundaries 50 Chapter 23 04 1 UDC Coan n ice Recommendation w/Modified Tables 3,4 & 5 — Roposal "C"4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (a) Grant County is hereby divided into zoning districts to carry out the policies and objectives of the Comprehensive Plan The Comprehensive Plan establishes five principal land use designations or classes (1) unincorporated portions of urban growth areas. (2) rural lands, (3) rural activity centers, (4) resource lands and (5) special and overlay zoning districts The rural lands class includes specific areas designated foi more intensive development than other rural lands. The individual land use categories within the designations are refened to as "zoning districts" or "zones " This Chapter describes the limitations and regulations for the use of and construction on pmpertres within each zoning district or zone Tables 1 and 2 illustrate the relationship between Comprehensive Plan land use designations, allowed residential densities and zoning districts. These zoning districts have been developed based on (1) Natural systems and land capability; (2) Existing land use patterns; and (3) The needs and expressed desires of the community (b) The zoning districts comprising the five general land use classes are (1) Unincorporated portions of urban growth areas: (A) Urban Residential I (URI), (B) Urban Residential 2 (UR2); (C) Urban Residential 3 (UR3); (D) Urban Residential 4 (UR4); (E) Urban Commercial I (UCI); (F) Urban Commercial 2 (UC2), (G) Urban Light Industrial (ULI); (H) Urban Heavy Industrial (UHI); (1) Open Space(Rei rection (OSR), (J) Urban Reserve (UR), (K) Grant County International Airport (AP); and (L) Public Facility (PF) (2) Rural lands - (A) Rural Residential. 1 (PRI); (B) Rural Residential 2 (RR2); (C) Rural Residential 3 (RR3); (D) Rural Remote (RRem), and (E) Rural Urban Reserve( RUR). (3) Rural activity centers (A) Rural Village Residential (RVR), (B) Rural Village Commercial (RVC), (C) Rural Village Industrial (RVI), (D) Rural Community (RC); (E) Agricultural Service Center (ASC), (F) Recreational Development (RD), (G) Shoreline Development 1(SD1), (H) Shoreline Development 2(SD2); (I) Shoreline Development 3 (SD3); (1) Shoreline Development 4 (SD4); (K) Rural Geneial Coniturcial (RGC); (L) Rural Neighborhood Commercial (RNC), (M) Rural Freeway Commercial (RFC); (N) Rural Recreational Commercial (RRC), Chapter 23 04 2 UDC Cooinour, Recomnoi enatawn 1 (0) Rural Light Industrial (RLI): and 2 (P) Rural Heavy Industrial (RHI) 3 (4) Resource lands 4 (A) Agriculture (AG). 5 (5) Special and Overlay Districts - 6 (A) Open Space Conservation (OSC); 7 (B) Public Open Space (POS), 8 (C) Mineral Resource Overlay (MRO); 9 (D) Airport Safety Overlay (ASO); 10 (E) Aerospace Overlay (AO); 11 (F) Master Planned Resort (MPR), and 12 (G) Master Planned Industrial (MPI). 13 14 (c) Zoning Maps The official zoning maps delineate the zoning districts The official zoning maps is together with the explanatory matter thereon are hereby adopted by reference and declared a part of 16 this Chapter. The zoning districts may be redefined from time to time by adoption of amendments 17 (rezones) to the zoning map, in accordance with this text and RCW 36 70 and 36 70A and GCC 18 Chapter 25 12 by a map or maps showing the geographical area and location of said amendments 19 The Board of County Commissioners shall enter changes on the official zoning map promptly after 20 approval The map, or maps, shall be filed by the County with the County Auditor in accordance with 21 GCC § 25 01 060(c) and available to the public Regardless of the existence of copies of the official 22 zoning snap which may from time to time be made or published, the official zoning map shall be 23 located in the office of the Department, and shall be the final authority as to the current boundaries of 24 the zoning districts The official zoning map shall show the zoning of specific parcels of land and the 25 use regulations of the zoning district shall apply to the land and shall be consistent with the 26 Comprehensive Plan land use designations. 27 28 (d) Boundary Interpretations When uncertainty exists as to boundaries of any zoning district shown on 29 the official zoning district map, the following rules of construction shall apply - 30 (1) Where zoning district boundaries are indicated as approximately following the centerline of streets, 31 alleys, or highways, the actual centerline of the right-of-way shall be construed to be the boundary 32 (2) Where zoning district boundaries are indicated on such maps as approximately following the lot or 33 tract lines, the actual lot tract line shall be construed to be the boundaries of such zoning district 34 (3)• Zone boundaries indicated as following shorelines shall be construed to fblln?W such shorelines, and 35 in case of change`m the shoreline; shall be construed as ino"vihj'with the actual sh6reline— in 36 0 0.., a 1 -c th iis e-�t 'aa O , 37 the, —fes, 38 (4) Boundaries indicated as following railroad lines shall be construed to be the centerline of the nglnt-of- 39 way. 40 (5) Where a public street or alley is officially vacated or abandoned, the regulations applicable to the 41 abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street 42or alley 43 (6); Where zoning districts, and/or .boundaries are determined, -by, file-,Adnvnisirative Official to be 44 inconsistent with the Comprehensive Plan Fuf ire LandAfse Map, ,the Administrative Official shall 45 may make appropriate changes to the official zoning district map to'achieve consistency. 46 (7) Wheie inadvertent technical mapping errors occur that result in a parcel for which no zoning district 47 is designated, the Administrative Official shall apply the icquircments of the zoning district that 48 achieves consistency with the Comprehensive Plan Future Land Use Map, provided that not more 49 than one such zoning district achieves consistency. Where more than one zoning districts are 50 available that achieve consistency with the Comprehensive Plan Future Land Use Map, the Chapter 23 04 3 UDC Comminee Reconimenda(ron w1 Uod fed Tables 3,4 d 5 - P,Oposai 'C"4/01/07 I Adrmmstrathve Official shall invoke the process specified in GCC § 23 04 150 for Minor Zoning 2 Amendments. 3 (8) In case uncertainty exists which cannot be resolved by the application of the foregoing rules, the 4 Adrmmstratrve Official shall determine the location of such zoning district boundaries by wntten 5 decision. 6 7 (e) Where a zoning district boundary on the official zoning map divides a parcel, the following rules of 8 construction shall apply - 9 (1) Except for parcels divided by Urban Growth Area (UGA) or Resource Land zoning district 10 boundaries, where a zoning district boundary shown on the official zoning map divides a lot of 11 record at the time of adoption of this chapter, the property owner shall have the option of choosing 12 either of the two districts to apply to the entire parcel area, o* may subdivide the let to retain both 13 districts as mapped, provided that all of the standards and requirements, including relevant density 14 and dimensional requirements, and performance standards can be met 15 (2) Where a UGA zoning district boundary divides a lot of record at the time of adoption of this chapter, 16 the entire parcel area shall be deemed to lie within the UGA boundary and retain the UGA zoning 17 district. During future annual updates of the Comprehensive Plans of the County and the affected city 18 or town, the property owner may petition for removal of the entire parcel from the UGA in 19 accordance with Uie process specified in GCC § 25 15 030 Alternately, the property owner may 20 subdivide the lot to retain both designations as mapped, provided that all of the standards and 21 requirements, including relevant density and dimensional requirements, and performance standards 22 of the GCC can be met 23 (3) Where a Resource Land zoning district boundary divides a lot of record at the time of adoption of 24 this chapter, the entire parcel area shall be deemed to lie within the Resource Land zoning district. 25 During future annual updates of the County Comprehensive Plan, the Administrative Official shall 26 review the parcel zoning district by applying the resource land classification criteria contained m the 27 Resource Lands Sub -element of the Comprehensive Plan The entire parcel shall be appropriately 28 designated by the Administrative Official based on application of the classification critena. 29 Alternately, the property owner may subdivide the lot to retain both zoning districts as mapped, 30 provided that all of the standards and requirements, including relevant density and dimensional 31 requirements, and performance standards of the GCC can be met. 32 33 23.04.040 Land Use Regulations — Allowable, Administrative, Conditional and Prohibited 34 uses 35 36 (a) Purpose- The land use regulations that follow implement the general intent, goals and policies of the 37 Compichensive Plan and establish standard pioceduies fol all new development 38 39 (b) Classifications of Allowable Use: Land uses allowed under this Chapter are divided into four (4) 40 classsftcathons and are subject to the review procedures specified un GCC § 23.04.060 41 (1) Allowed Outight Use (A) Use allowed without a project perimt, subject to the applicable 42 development standards of GCC § 23 12, are designated by "A", 43 (2) Discretionary Use (D) Use allowed without a land use permit, subject to (1) the applicable 44 development standards of GCC § 23 12 and (2) the peifonnance and use -specific standards unique to 45 the proposed use specified in GCC § 23 08 are designated by "D", 46 (3) Conditional Use (C) Use allowed subject to (1) the applicable development standards of GCC § 47 23 12,(2) the peifonnance and use -specific standards unique to the proposed use specified in GCC § 48 23 08, and (3) a Conditional Use Pernut as specified in GCC § 25 08, ale designated by a "C", and 49 (4) Plan Amendment (PA) Nev., uses, or changes in the locations of uses, in a Mastei Planned Resort 50 which require an amendment to the Master Plan as specified in GCC § 23 04 320, § 23 12.190 and § Chaply 23 04 4 UDC Con,nentee Rea mn mcudation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 25.12.070, are designated by a "PA." (c) Prohibited Uses (P): Uses designated with a "P" are not allowed in the applicable zoning district. (d) Other underlying pennits, such as a building permit, are typically required for land uses or developments classified as A, D or C Table I Rvrn1 Lim�lc R,,rnl 4rin7ly ConfoP9_ Resource Lands. and Special and Overlay Zoning Districts ' Applies to residential development on privately owned land within Open Space zoning dist, ict No i esidenuai development allowed on publicly owned land within Open Space zoning dist iet 2 Residential development density shall be as specified in an MPR Master Plan approved by the County Chapter 23 04 5 UDC Conimmee Recommendation w/Modified Tables 3,4 & 5 - Raposal "C" 4/01/07 Maximum Comprehensive Plan Residential Density Zoning Districts Land Use Designation (Dispelling Units/ Acres Rural Residential 1 1/5 Rural Residential 1 (RR1) Rural Residential 2 1/2'h Rural Residential 2 (RR2) 1/2'/2 Rural Residential 3 (RR3) Rural Remote 1/20 Rural Remote (RRem) Rural Urban Reserve 1/5 Rural Urban Reserve (RUR) Rural Village 4/1 Rural Village Residential (RV,R1 &2) N/A Rural Village Commercial (AVC) N/A Rural Village Industrial (RVI) Rural Community 1/1 Rural Community (RC) Agricultural Service Center 1/1 Agricultural Service Center (ASC) Recreational Development 1/1 Recreational Development (RD) Shoreline Development 1/2 Shoreline Development 1 (SDI) 1/1 Shoreline Development 2 (SD2) 2/1 Shoreline Development 3 (SD3) 3/1 Shoreline Development 4 (SD4 Rural Commercial N/A Rural General Connnercial (RGC) N/A Rural Neighborhood Commercial (RNC) N/A Rural Fieeway Commercial (RFC) N/A Rural Recreational Commercial (RRC) Rural Industrial N/A Rural Light Industrial (RLI) N/A Rural Heavy Industrial (RHI) Agricultural Resource 1/40 Agricultural (AG) Mineral Resource 1/40 Mineral Resource Overlay (MRO) Open Space N/A Public Open Space (POS) 1/40' Open Space Conservation (OSC) Master Planned Resort N/A' Master Planned Resort (MPR) Master Planned Location for N/A Master Planned Industrial (MPI) Major Industrial Development Airport N/A Airport SaLety Overlay (ASO) N/A Aerospace Overlay (AO) ' Applies to residential development on privately owned land within Open Space zoning dist, ict No i esidenuai development allowed on publicly owned land within Open Space zoning dist iet 2 Residential development density shall be as specified in an MPR Master Plan approved by the County Chapter 23 04 5 UDC Conimmee Recommendation w/Modified Tables 3,4 & 5 - Raposal "C" 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Table 2 Urban Land ZoninP Districts Comprehensive Plan Land Use Designation Residential Density (Dwelling Units/ Acres Zoning Districts Residential, Suburban (R-1) 1/2 (Minimum) Urban Residential 1 (URI) Residential, Low Density (R-2) 1/1 (Minimum) 4/1 (Maximum) Urban Residential 2 (UR -2) Residential, Medium Density (R-3) 4/1 (Minimum) 8/1 (Maximum) Urban Residential 3 (UR3) Residential, High Density (R-4) 8/1 (Minimum) 16/1 (Maximum) Urban Residential 4 (UR4) Commercial N/A N/A Urban Commercial I (UC) Urban Commercial 2 (UC2) Industrial N/A N/A Urban Light Industrial (ULI) Urban Heavy Industrial (UHI) Open Space/Recreation N/A Open Space/Recreation (OSR) Urban Reserve 1/5 (Maximum) Urban Reserve (UR) Public Facility N/A Public Facility (PF) Airports N/A Grant County International Airport (AP) (e) Land Use Matrix. Tables 3, 4 and 5 present a matrix of allowable and prohibited land uses for each zoning district The Land Use Matrix does not include detailed requirements, which are reflected in the text of the zoning district, it is intended as an aid to provide a general understanding about the land uses which may be allowed in specific zoning districts. In addition to the Land Use Matrix, reference to (1) the various zoning districts in this section, (2) the applicable development standards of GCC § 23 12, and (3) performance and use -specific standards unique to the proposed use specified in GCC § 23.08 is necessary to deterrnme if any specific requirements apply to the listed use. The land use matrix (Tables 3, 4 and 5) shall be used in conjunction with GCC § 23 08 — Performance and Use -specific Standards and GCC § 23 12 — Development Standards Pursuant to section 23 04 040, those uses specified in Tables 3, 4 and 5 as allowed outright (A), discretionary use (D), or conditional use (C), shall comply with the requirements of GCC § 23.12 — Development Standards. Those uses specified in Tables 3, 4 and 5 as discretionary use (D) or conditional use (C) shall comply with the requirements of GCC § 23 08 — Performance and Use -specific Standards If, for example, an application is submitted to develop a Playing Field, the first question is whether it is an allowable use in the zoning distrct where the development is pioposed Table 3 specifies Playing Fields as a Diseietionary Use (D) in the Rural Community (RC) zoning district, which means that the pioposed development will be allowed only if it meets the performance and use -specific iequnenents of GCC § 23 08 290 and any applicable development standards of GCC § 23 12 Table 3 specifies Playing Fields as a Conditional Use (C) in the Rural General Commeicia] (RGC) zoning district, winch means that time proposed development will be allowed only if it meets the performance requirements of GCC § 23 08 290, any applicable development standards of GCC § 23 12, and a conditional use permit is granted by the Grant County Boaid of Adjustment in accordance with the iequnenments of GCC § 25 08 following a public hearing Playing Fields are prohibited in the Rural Village Industrial (RVI) zoning district Cvapfei 23 04 6 UDC Cannnellec Recmnmenannon I (f) Multiple Zoning District Designations- Some parcels or developments may be subject to the 2 regulations of two or more applicable zoning districts, shoreline master program environments, or 3 overlay zoning districts. 4 5 (g) Similar Uses- When a use is not specifically listed in this ordinance, it shall be understood that the use 6 may be allowed if the Administrative Official determines, using a Type I process specified in GCC § 7 25 04, that the use is similar to other uses listed. It is further recognized that not every conceivable 8 use can be identified In anticipation that new uses will evolve over time, this Section establishes the 9 Administrative Official's authority to compare a proposed use and measure it against those listed in 10 this Chapter fol detennmmg similarity In determining similarity, the Administrative Official shall 11 make all of the following findings. 12 (1) The proposed use shall substantially meet the intent of and be consistent with the goals, objective.- 13 bjectives13 and policies of the Comprehensive Plan; 14 (2) The proposed use shall meet the stated purpose and general intent of the zoning district in which the 15 use is proposed to be located; 16 (3) The proposed use shall not adversely impact the public health, safety and general welfare of the 17 residents of the County, and 18 (4) The proposed use shall share characteristics common with and not be of greater intensity, density or 19 generate more environmental impact than those uses listed in the zoning district in which it is to be 20 located. 21 If the Administrative Official determines that the proposed use is similar, he/she shall also determine 22 and establish the category of allowable use as specified in GCC § 23.04.040 If a proposed use is 23 determined to be not similar to a use specifically listed in this ordinance, it shall be considered a 24 prohibited use Similar use determinations may be appealed as specified in GCC § 23 04. 25 26 (h) Allowable Residential Density: The maximum allowable residential density for the various rural and 27 resource zoning districts are specified in Table I The minimum and maximum residential densities 28 for the various urban zoning districts are specified in Table 2. 29 30 (i) Development Standards All uses are subject to certain bulk and dimensional standards, such as 31 setbacks and off-street parking requirements, as specified in GCC § 23 12 32 33 Site -Specific Redesignations: The criteria for decision-making regarding site-specific land use 34 redesignations and zoning changes are specified in GCC § 25.12.030 35 36 (k) Master Plan Resorts: The criteria for decision-making regarding designation of master planned resorts 37 are specified in GCC § 25.12.070 38 39 23.04.050 Land Use Regulations — General Provisions 40 41 (a) Any provision of this Ordinance may be suspended in an emergency situation by the Administrative 42 Official, subject to approval by the Board of County Commissioners 43 44 (b) There shall he no more than one primary dwelling unit per legal lot of record. 45 46 (c) Prohibition on extension of urban services into rural and resource areas Extension of sewer service is 47 prohibited into rural and resource designated areas, except where the Administrative Official and the 48 Health Department determine an existing health hazard exists, and no other feasible remedies are 49 available In these cases, a finding must be made that the capacity of the sewer extension will be no 50 greater than that necessary to remedy the health hazard Chapter 23 04 7 UDC Committee Recommendation w/Modrfied Tables 3,4 & 5 - Proposal "C" 4101/07 1 2 3 4 5 6 7 8 9 l0 ]I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (d) Development of unplatted lots of record that do not meet minimum dimensional standards of Zoning District Notwithstanding other restrictions of Grant County Code, only lots of record meeting the minimum dimensional standards of the zoning district in which they are located will be approved for development permits In the event an owner of contiguous, unplatted lots chooses to aggregate (combine) them in order to meet this requirement, that shall be recorded as a boundary line adjustment The following exemptions apply (1) A lot upon which there is, or was, a legally placed residence; or (2) A lot of record that was planed pursuant to GCC, or (3) A lot of record that meets the following requirements: (A) The development complies with all othei requirements for a development permit pursuant to any provision of the Grant County Code without the need for a variance from the requirements of the Rules and Regulations of the Grant County Board of Eealth Regarding On -Site Sewage Disposal; and (B) The development must demonstrate compliance with GCC 25 20 (Concurrency) even if otherwise exempt, or (4) A development penmt is required as part of a compliance order to protect the public's health, life, safety, and the environment. (e) Notwithstanding other restrictions, only lots meeting the minimum dimensional standards of this Chapter will be approved for residential building permits. (f) Storage of articles or vehicles on lots and rights-of-way, In no zoning district shall any portion of articles or vehicles be permitted to be stored in public rights -of -ways. Not more than two (2) unlicensed or inoperable vehicles shall be stored on any lot, except for automobile wrecking and salvage yards, where specified as a Permitted Use in Tables 3, 4 and 5, and as specified in GCC § 23 08 090 (g) No travel trailer or building removed from its permanent foundation or constructed for mobility shall be used as permanent residential living quarters in any zoning district, unless specifically designated as an allowable of conditional use in a specific zoning district Recreational vehicles shall not be used as permanent residential living quarters in any zoning district, unless specifically designated as an allowable use in a specific zoning district (h) Non -issuance of building permits outside of a fire district. Within any zoning district, building permits shall not be issued for residential and/or conunercial structures that are not determined to be within an official designated boundary of a Grant County fire district, unless otherwise approved by the Grant County Puc Marshall 23.64.060 Land Use Review Procedures (a) Allowed outright uses do not require a land use project permit, but are subject to a Type I ministerial review as specified in GCC § 25 04 070 for consistency with the development standards of GCC § 23 12 and other chapters of the GCC Iii the absence of specific development standards applicable to the land use proposed, the Administrative Official shall review the proposed development for consistency with (1) Allowable residential density; (2) Coiicun ency i equirenients specified in GCC § 25 20, and (3) Conformance with the purpose of the zoning district where the proposed use or development would occur The decision of the Administrative Official regaidmg consistency review of an allowed outright use Chaple7 23 04 8 UDC Counrunec Xccoum.cwlauon may be appealed only as part of an appeal of an underlying building or other construction or development permit decision All outright uses shall be subject to the requirements of GCC § 24 02 — SEPA. 5 (b) Discietionary uses do not require a land use project permit, but are subject to a Type II administrative 6 review as specified in GCC § 25 04 080 The Administrative Official may approve the discretionary 7 use if the proposed development. 8 (1) Complies with the applicable development standards of GCC § 23 12; 9 (2) Complies with the performance and use -specific standards unique to the proposed use specified in 10 GCC § 23.08, 11 (3) Is appropriate in design, character, and appearance with the goals and policies for the land use 12 designation and zoning district in which the proposed use is located; 13 (4) Is consistent with the goals and policies of the Comprehensive Plan, including the policies regarding 14 shoreline management included in Chapter 13 — Natural Setting Element and the applicable 15 regulations of the Shoreline Master Program if the application involves property located within the 16 Jurisdiction of the state Shoreline Management Act, but does not require a shoreline pent, 17 (5) Will be served by adequate facilities including access, fire protection, water and sewer facilities 18 (municipal, community or on-site systems); 19 (6) Does not include any use or activity that would result in the siting of an incompatible use adjacent to 20 an airport or airfield (RCW 36.70), and 21 (7) Will not result in impacts on the human or natural environments determined by the Administrative 22 Official to require review as a conditional use. 23 If the Administrative Official does not approve the proposed use or development, the applicant may 24 request that the proposed development or use be reviewed as a conditional use as specified in subsection 25 (c) of this section. The applicant shall file a conditional use application and pay any required fees, as 26 specified in GCC § 25.08.060 or as established by resolution of the Board of County Commissioners 27 28 (c) Conditional uses require a conditional use permit, and are subject to a Type III quasi-judicial review 29 as specified in GCC § 25.04 080 for compliance with: (1) the applicable development standards of 30 GCC § 23.12, (2) the performance and use -specific standards unique to the proposed use specified in 31 GCC § 23.08, and (3) the criteria for approval specified in GCC § 25 08 060, 32 33 (d) Variances to development standards of GCC § 23.12 may be requested in accordance with the 34 requirements of GCC § 25.08.060. 35 361'3.04A�D1 Siting•of Essential Public Facillfecl s�"�iJnassitied se 37 Permit 38 39 (a) Purpose. The Growth Management Act directs that no comprehensive plan or development regulation 40 may preclude the siting of essential public facilities (RCW 36 70A.200(2)) The location and 41 permitting of essential public facilities shall be guided by the policies of Chapter 11 — Essential 42 Public Facilities Element of the Comprehensive Plan, subject to the following procedures: 43 (1) Essential public facilities shall be located if possible within zoning districts for which the proposed 44 uses are allowed, 45 (2) Only if no practicable alternative exists, and then only to the minimum extent possible and in 46 accordance with applicable regulations, shall such facilities be located - 47 (A) where the proposed uses are prohibited, or 48 (B) within lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO); and 49 (3) An Unclassified Use Penrnt shall be obtained in accordance with GCS § 23 04.075. 50 Chapter 23 04 9 UDC Connntnee RecOnnnendan0n wlMoibf,ed Tnbles 3,4&5—Pi oposal 'C"4/01107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23.04.075 Unclassified Use Permit (a) Process An unclassified use permit shall be reviewed under the same process as a Comprehensive Plan Amendment, as specified in GCC 25.12 (b) Application Requirements. An applicant for an unclassified use permit shall provide the same application materials as for a petition for a site-specific land use redesignation, as specified in GCC 25 12 030(g)(3) An unclassified use permit shall also include an alternative site analysis evaluating at least two (2) other alternative sites for the proposed facility. (c) App,. oval Criteria The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following elements (1) The characteristics of the unclassified use will not be unreasonably incompatible with the types of uses pemrrtted in surrounding areas; (2) The proposed unclassified use will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units, (3) The unclassified use will not materially endanger the health, safety and welfare of the community; (4) The unclassified use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the local area, (5) The unclassified use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts, (6) The location, size and height of buildings, structures, walls and fences and screening vegetation for the unclassified use shall not hinder or discourage the appropriate development or use of neighboring properties, (7) The unclassified use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Chapter, (8) For unclassified uses outside of UGAs, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists; (9) Fol essential public facilities, no feasible alternative sites exist which better meet the requirements of these criteria, (10) The need for the unclassified use at a specific location is documented, taking into account region - wide distribution of facilities and the capacity and location of equivalent facilities, (11) For unclassified uses in or adjacent to lands zoned as Agriculture (AG) oi Mineral Resource Overlay (MRO), the impacts on the long -tern natural resource management and production will be nnnu7nzed, (12) For state-owned essential public facilities, the state shall provide justification for the facility and its location in Grant County based on forecasted needs and a logical service area; and (13) For state-owned essential public facilities, the state shall have established a public process by which the residents of the County and of affected and "host' municipalities have a reasonable opportunity to participate in the site selection process. (d) Conditions of Approval If approved, conditions of approval for the unclassified use may include conditions of approval which adds ess the criteria listed above and the following (1) Accessibility, (2) Transportation needs and services, (3) Public facility and service needs and availability; (4) Site design, Chapter 23 04 10 UDCCoemu uec Recm.ou emloaw, 1 (5) Control of on-site and off-site impacts during construction; 2 (6) Facility operations; 3 (7) Impacts on critical areas; and 4 (8) Any SEPA nutigations. 5 6 23.04.080 Right to Farm/Mineral Resource Land Protection Provisions 7 8 (a) Applicability: The provisions of this section shall apply to all zoning districts in Rural and Resource 9 Lands These provisions are not to be construed to in any way modify, supercede, or abridge federal, 10 state, county or municipal law relative to nuisances; rather, they are only to be used in the 11 interpretation and enforcement of the provisions of this Chapter. Nothing in this section shall affect or 12 impair any right to sue for dainages. 13 14 (b) Nuisance: The following shall not be considered a public nuisance: 15 (1) Agricultural activities conducted in accordance with Agrmcultival Best Management Practices; 16 (2) Mining and mineral extraction operations, including reclamation of mineral extraction sites, 17 conducted in accordance with Best Management Practices, outside the boundaries of a Mineral 18 Resource Overlay (MRO) zoning district, and between the hours of 7.00 a.m and 10.00 p m., 19 (3) Mining and mineral extraction operations, including reclamation of mineral extraction sites, 20 conducted in accordance with Best Management Practices, within the boundaries of a Mineral 21 Resource Overlay (MRO) zoning district, at any time of day, except that upon submission to the 22 Department of a written letter from any resident of Grant County with a substantive, valid complaint, 23 as determined by the Administrative Official, as to nuisance conditions caused by such mining and 24 mineral extraction operations, the hours of operation shall be limited to between the hours of 7.00 25 a.m and 10.00 p m , and 26 (4) Existing, ongoing agricultural activities and mining and mineral extraction operations that existed 27 prior to surrounding nonagricultural and non -mineral land uses and activities 28 29 (c) Best management practices, Best management practices are generally defined as systems of practices, 30 schedules of activities, prohibitions, maintenance procedures, and management measures that prevent 31 or minimize adverse impacts to the environment Such practices may be sub]ect to varying conditions 32 which include, but are not limited to geographical location, weather, soil or mineral types and 33 conditions, type of crop or livestock, type of ininmg, and management systems Generally accepted 34 agricultural best management practices includes those practices historically carried out in the region 35 and those practices defined by the State of Washington, Department of Agriculture, recommendations 36 by the U.S Department of Agriculture, the Washington State Cooperative Extension Services in 37 Grant County, recommendations of members of the Grant County Fieldman's Association, and other 38 professional and industry agricultural organizations 39 40 (d) Disclosure and Acknowledgement: Approval of any land division, land use, building, or development 41 of any lands within five hundred (500) feet of lands zoned as Agriculture (AG) or Mineral Resource 42 Overlay (MRO) shall be conditioned on the execution by the applicant of a statement of 43 acknowledgment on forms provided by the Department and containing the following language, as 44 applicable 45 (1) "Grant County has established as a priority agricultural operations on lands zoned as Agriculture 46 (AG) The county will not consider to be a nuisance those inconveniences or discomforts arising 47 from agricultural activities, provided such activities are consistent with commonly accepted 48 agricultural best management practices This property lies within 500 feet of lands zoned by Grant 49 County as Agricultuie (AG) A variety of agricultural activities which are in conformance with 50 existing laws and regulations occur on adjacent lands that may be inconvenient or cause discomfort Chapter 23 04 11 UDC Committee Recommendation iv/Modmfied Tables 3,4 d 5 - Peopmal "C"4101107 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 to residents of this property, including but not bunted to, the application of permitted fertilizers and pesticides, spraying, pruning, harvesting, or extraction, the operation of farm machinery during any 24 -how- period and the storage and disposal of manure, any of which may generate dust, smoke, flies, fumes noise, odor, glare, vibrations, and truck traffic Uwe hereby acknowledge and accept such inconveniences or discomfort from normal, necessary agricultural activities when suon activities are performed in compliance with best management practices and local, state, and federal law. Further, Uwe waive for current and future owners; and lessees any damages that might occur to building, structures, uses or occupants because of such activities that are conducted in compliance with Agricultural Best Management Practices and local, state, and federal law," or (2) "Grant County has established as a prionty nuntng and nuneral extraction operations on lands zoned as Mineral Resource Overlay (MRO) The county will not consider to be a nuisance those inconveniences of discomforts ansrng from mining and mineral extraction activities provided such activities are consistent with cornmonly accepted best management practices in compliance with local, state, and federal laws This property lies within 500 feet of lands zoned by Grant County as Mineral Resource Overlay (MRO). A variety of i unmg and nuneral extraction activities which are in conformance with existing laws and regulations occur on adjacent lands that may be inconvenient or cause discomfort to residents of this property, including but not bruited to extraction, washing, crushing, stockpiling blasting, transporting, and recycling of matenals and the operation of heavy equipment and machinery, any of which may cause dust, filmes, noise, glare, vibrations, and truck traffic Uwe hereby acknowledge and accept such inconveniences or discomfort from normal, necessary mining and nuneral extraction activities when such activities are performed in comphance with best management practices and local, state, and federal law. Further, Uwe waive for current and future owners and lessees any damages that imght occur to any building, structures, uses of occupants because of such activities that are conducted in compliance with Best Management Practices and local, state, and federal law." (e) Conditions of Approval: Development permit approvals for the use of lands adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO) may be conditioned by the Decision Maker to ensure that the use of such lands shall not interfeie with the continued agricultural or mining use in the accustomed manner and in accordance with Best Management Practices of such zoned lands Anticipated conflicts between proposed new land use or development and existing, ongoing agiicultural activities and mining and mineral extraction operations, shall be mitigated by the newer proposed use or development prior to issuance of development or land use permits, piovided that such ongoing activities are conducted in accordance with Best Management Practices. (f) Setback and Buffers The Administrative Official shall establish setback and buffer requirements as pait of new, non -resource uses and development proposals on lands within or adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO) Such buffer areas shall be a minimum of 100 feet, and shall be of sufficient size to protect Resource Lands from the impacts of incompatible development and to mitigate against the effects of resource operations on adjacent land uses Such setbacks and buffers shall occur on the non -resource par cel for which a development i fight of permit is being sought, and shall favor protection of the maximum amount of lands zoned as Agriculture (AG) of Mineral Resource Overlay (MRO) (g) During any spaying operation, farmers may post caution signs approved by the Administrative Official within County rights-of-way that read "Caution Spraying in Progress " 23.04.090 Overlay Districts and Subarea Plans (a) Overlay districts and subarea plans provide policies and regulations in addition to those of the Chapter 23 04 )2 UDC Conienacc Xecommendnlmn I underlying zoning districts Regulations for overlay districts and subarea plans are specified in GCC 2 23 04 Article VI and Article VI, respectively. 3 4 23.04.100 Nonconforming Uses 5 6 (a) Intent: Any lot, building, structure or legal use of land, existing or established at the trine of the 7 adoption of this Chapter, shall he permitted to continue It is the intent of this Chapter: 8 (1) To allow these nonconfounities to continue until they are removed but not to encourage their 9 survival, except as expressly provided in this Section, 10 (2) That nonconfounities shall not be used as grounds for adding other structures or uses prohibited 11 elsewhere in the same zoning district, and 12 (3) That nonconforming uses or structures not be allowed to expand except as expressly provided in this 13 Section 14 15 (b) Nonconforming Lots of Record: In any zoning district in which single-family dwellings are 16 permitted, a single-family dwelling and customary accessory buildings may be erected on any legal 17 lot of record existing at the time of the effective date of this Chapter, except as otherwise Invited 18 under GCC § 22.04.160, § 22 04 065. Such lot must be in separate ownership and not abut other lots 19 in the same ownership. This provision shall apply even though such lot fails to meet the requirements 20 for area or width, or both, that are generally applicable in the zoning district, provided, that yard 21 dimensions and requirements other than those applying to area or width, or both, of the lot shall 22 conform to the regulations for the zoning district in which such lot is located Variance of such yard 23 requirements shall be obtained only through action of the Decision Maker pursuant to GCC § 25 04 24 and § 25.08. 25 26 (c) Repair, Alteration, or Reconstruction of Nonconforming Use, Building or Structure: A 27 nonconforming use, building or structure existing on a legal lot of record may be permitted to be 28 repaired, enlarged, altered, remodeled or reconstructed, under the following conditions: 29 (1) Such repairs, alterations or reconstruction shall meet all building code requirements; 30 (2) When damaged, a nonconforming use, building or structure may he restored to the configuration 31 existing nnmediately prior to the time that the structure was damaged, provided that- 32 hat32 (A) reconstruction is started within 12 months and is completed within 24 months of the date of 33 damage, unless an extension of time is granted by the Administrative Official upon written 34 petition substantiating to the satisfaction of the Administrative official due cause for such 35 extension; 36 (B) after such repair has been completed, the building or structure, including the damaged portions, 37 conforms to all building code requirements, and 38 (C) the degree of the nonconforming use, building or structure is not increased. 39 40 (d) Expansion, Modification, or Intensification of Nonconforming Use: Expansion, modification, or 41 intensification of a nonconforming use is allowable subject to a conditional use permit, provided that: 42 (1),; t4Nesv nonconformarieeities _'ith ffi standards of the GCC -shall not be or d; 43 (2) The proposed expansion shall comply with the requirements of the GCC to the maximum extent 44 feasible, 45 (3) The proposed expansion shall not have an adverse impact on a critical area or cultural resource as 46 designated in GCC § 24 08, and 47 (4) A nonconforming use shall trot be permitted to expand beyond the lot on which it is located. 48 When reviewing a proposed expansion, modification or intensification of nonconforming use as a 49 conditional use, the total impact of the nonconforming use shall be considered as well as the added impact 50 Chapter 23 04 13 UDC Committee Recommendation w/Modtfied Tables 3,4 d 5 - P, oposal "C" 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 of the incremental changes being proposed and the consistency of the changes with the requirements of the applicable zoning district (e) Abandonment. If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever for a period of one (1) year or more, any future use of such land, building or shucture shall thereafter be in conformity in the zoning district in which it is located For the purposes of this subsection, the term "abandonment' applies to a nonconforming, unpermitted use, and does not apply to a permitted use (f) Change In and Relocation of Use: If no exterior structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use, provided that the proposed use is equally or more appropriate to the zoning district than the existing nonconforming use Such a change of use shall be subject to conditional use permit approval In no case shall a nonconforming use be changed to another nonconforming use which is more intensive or has greater impacts than the existing use Nonconforming uses may be relocated on the same parcel where they occur if the degree of nonconforinty is not increased, subject to a discretionary use permit (g) No Replacement of Nonconforming Uses when Airport Hazard. No structures or obstructions of any land or nature whatsoever constituting a nonconforming use shall be rebuilt, repaired, or replaced where such repairing, rebuilding, or replacement constitutes an airport hazard. (h) Expansion of Nonconforming Mobile/Manufactured Home Parks- Expansion of nonconforming mobile/manufactured home parks shall be as specified in GCC § 23.12.230. (i) Compliance with this section of the GCC shall not relieve a property owner from compliance with the requirements of the Grant County Building Code and Fire Code or other provisions of GCC Title 23. 23.04.105 Lot Consolidation (a) When any person owns or acquires contiguous pieces of property involving descriptions setting forth lots of record which do not meet the requirements of GCC Title 23 related to minimum lot sizes or densities, such lots shall be combined in the following manner. (1) If either or both of two lots of record are substandard, they shall be aggregated to form one lot; (2) If any of three or more lots of record are substandard, they shall be aggregated in such a way that no substandard lots remain, or (3) All contiguous substandard lots of record in a single ownership shall be aggregated into a single lot, even if the resultant lot remains substandard. (b) Any lot of record which was legally approved and platted under the Grant County long or short subdivision or dinances or any other legal means need not be combined or aggregated 23.04.110 Accessory Uses (a) Accessory uses are customarily incidental and subordinate to the principal use of a structure or site Therefore, accessory uses may only be permitted when a principal use has been established They must be (1) clearly secondary to, supportive of, and compatible with the principal use(s), (2) consistent with the purpose of the zoning distract, and (3) comply with the provisions of GCC Title 23 The land use category of an accessory use shall be the same as that of the principal use(s) as listed in Tables 3, 4 and 5, unless otherwise specified Chapte! 23 04 14 UDC Cnninnuec 2ccmnmendnhwr ,.✓�.�,,,r. r.,,d n;,,. o.. � n.r c n,,.,,..� � rm,mo I (b) Allowable accessory uses and structures shall be as specified in Tables 3, 4 and 5, as specified in 2 GCC § 23 08.020, and as listed herein for the various zoning districts. 3 4 (c) Accessory uses and structures are permitted in any zoning district, except as limited or prohibited in 5 this section, GCC § 23 08.020, in Tables 3, 4 and 5, or in the sections covering the various zoning 6 districts in GCC § 23 04 8 23.04.120 Temporary Uses 9 10 (a) The Building Official may issue temporary use permits for the following uses; 11 (1) Temporary structures for the housing of equipment or containing supervisory offices in connection 12 with major construction projects may be erected and maintained during the pro8ness of such 13 construction projects, provided, that such temporary structures may not be maintained for period 14 exceeding one year except that the Building Official may extend this period for no more than one 15 additional year, 16 (2) Tempoiary placement of a trailer, mobile home, manufactured home, or recreational vehicle to 17 provide temporary housing while constructing a permanent dwelling on the same lot, provided, that is the property owner has an active residential building permit. Such temporary use may not be 19 maintained for a period exceeding one year except that the Building Official may extend this period 20 for no more than one additional year. The temporary use shall be terminated within thirty (30) days 21 of occupancy of the permanent dwelling; 22(3)�, Temporary placement of a trailer, mobile home, manufactured home, or recreational vehicle adjacent 23 to an existing residence to provide temporary housing for not more than six (6) months while for the 24 care,of,a terminally ili relariv„e ,except that the Build rig Official`.may extend this period for ne ri 25 t4�^��� additional six month terms: The medical condition rmust be documehted �by`aphysician or 26 osteopath float the telatvc is in hospice care and prognosis is tennrnaL--q4ne-ea�r27 _._ gym,.,, 28 (4) Temporary manufactured home A temporary manufactured home accessory to a farm dwelling unit 29 on property meeting the definition of a farm in RCW 84 34.020 to accommodate agricultural workers 30 and their families employed on the premises, as provided - 31 (A) The property must meet the definition of a farm in RCW 84.34 020 (Open Space Taxation). 32 (B) Demonstrate compliance with the temporary worker standards in Washington State Law 33 including RCW 19 27, RCW 70 114a, RCW 49 17, RCW 43 22, and RCW 43.70, 34 (5) Temporary farm labor camps Temporary farm labor camps or housing other than manufactured 35 homes accessory to a farm dwelling unit on property meeting the definition of a fann in RCW 36 84.34.020 to accoimnodate agricultural workers and their families employed on the premises, as 37 provided• 38 (A) The property must meet the definition of a farm in RCW 84.34.020 (Open Space Taxation). 39 (B) Demonstrate compliance with the temporary worker standards in Washington State Law 40 including RCW 19 27, RCW 70 114a, RCW 49 17, RCW 43.22, and RCW 43.70, 41 (C) The camps shall be occupied no more than eight (8) months in any twelve (12) -month period 42 (D) Use shall be subj ect to site plan review and approval pursuant to Section § 23 04 140; 43 (E) Use shall be subject to conditional use permit pursuant to GCC § 25 08, an open record public 44 hearing conducted by the Board of Adjustment, and approval of the following: 45 (1) Department of Community Development; 46 (it) Health Official, 47 (ill) County Engineer; 48 (iv) Fine Marshall; 49 (v) Building Official, and 50 (vi) Other local, state and federal officials having jurisdiction; Chapter 23 04 15 UDC Cwanuuee Recov+m ewiabon w/Modrfled Tables 3,4&5—Proposal "C' 4/01/07 1 (F) The tern of any conditional use permit shall be for one (1) year; 2 (G) Complaints received pertaining to sanitation, disposal of waste materials, or if the conduct of 3 the camp creates extraordinary requirement foi public services, including services of the 4 5 6 7 (6) 8 (7) 9 (8) 10 11 12 13 14 15 16 17 building, sanitation, planning, or sheriff departments, shall be sufficient cause to revoke or suspend the conditional use pemitt or to require additional conditions, subject to an open public hearing and decision by the Board of Adjustment, Temporary outdoor events pursuant to GCC § 23 08 400; Temporary Wireless Con inumcation Facilities pursuant to GCC § 23 08 450, and Other mobile or temporary uses not requiring a building permit if allowed within the zoning district, subject to review for adequacy of such factors as access, traffic, noise, land use compatibility, public health and safety Such permits shall expire one (1) year from issuance, and may be renewed ,..a:ually �t a.. ad acna? period of one (l` Y—, (b) All temporary structures, except for construction pads and foundations intended to support subsequent seasonal temporary structures, shall be removed upon termination of a temporary permit, and the site shall be restored to existing conditions prior to occupancy of the temporary use 18 23.04.140 Site Plan Review 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (a) Purpose. This section provides for a comprehensive site plan review and approval process for: (1) Commercial developments, (2) industrial developments, (3) Multi -family, condominium and townhouse developments with more than four (4) dwelling units; (4) Mobile/manufactured home parks; and (5) Farmworker acconnnodations pursuant to GCC § 23.08.190. (b) Site plan review shall be required prior to the issuance of building and development permits. (c) Applicability: This section applies within the following zoning districts: (1) Urban Residential 2 (UR2), (2) Urban Residential 3 (UR3); (3) Urban Residential 4 (UR4); (4) UrbanConnnercial l (UC1); (5) Urban Commercial 2 (UC2), (6) Urban Light Industrial (ULI), (7) Urban Heavy Industrial (UNI), (8) Rural Residential 3 (RIU), (9) Rural Village Residential (RVR); (10) Rural Village Commercial (RVC), (11) Rural Village Industrial (RVI), (12) Rural Community (RC), (13) Agricultural Service Center (ASC), (14) Recreational Development (RD), (15) Rural General Conunercial (RGC), (16) Rural Neighborhood Commercial (RNC); (17) Rural Freeway Connnercial (RFC), (18) Rural Recreational Commercial (RRC), (19) Rural Light Industrial (RLI), (20) Rural Heavy Industnal (RHI). (21) Master Planned Resort (MPR); Chapter 23 04 16 UDC Commntiee Recmnmendagion 1 (22) Master Planned Industrial (MPI). 2 3 (d) Land division reviewed under GCC § 22 04, mobile/manufactured home parks reviewed under GCC 4 § 23 08, binding site plans reviewed under GCC § 22 04 Article VII, and planned unit developments 5 reviewed under GCC § 23 04 800 shall not be required to obtain site plan approval under this section, 6 as these types of development requu e separate review processes. 7 8 (e) Pre -Application Review Conference- Prior to submitting a site plan application, the applicant shall be 9 subject to a pre -application review conference as specified in GCC § 25.04.130, unless waived by the 10 Administrative Official with the concurrence of the apphcant. 11 12 (f) Application Requirements- An applicant shall submit ten (10) copies of all application materials, 13 which at a minium shall include the following The Administrative Official may waive specific 14 submittal requirements determined to he unnecessary for review of the application 15 (1) Those documents and accompanying data specified in GCC § 25 04.140, including. 16 (A) Completed application form signed by the owner(s) of the property, 17 (B) A verified statement by the applicant that the property affected by the application is in the 18 exclusive ownership of the applicant or that the applicant has submitted the application with the 19 consent of all owners of the affected property; 20 (C) Identification of a single contact person or entity to receive determinations and notices required 21 by this chapter, 22 (D) A property and/or legal description of the site; 23 (E) A list of the names and addresses of all persons owning real property located within three 24 hundred (300) feet from and parallel to the boundaries of the proposed activities and such 25 contiguous area undei the legal control of the applicant, 26 (F) Evidence of adequate water supply as required by RCW § 19.27.097; and/or regulations 27 established by the Grant County Health District; 28 (G) Evidence of sewer availability, or evidence of on-site sewage disposal approval by the Grant 29 County Health District, or jurisdictional agency including but not limited to the Washington 30 State Department of Health or Washington State Department of Ecology; 31 (H) Any SEPA documents, as applicable, and 32 (1) The applicable fee(s); 33 (2) A site plan in a form prescribed by the Administrative Official The site plan shall be drawn to scale, 34 no smaller than 8'/2" x 11 ", and shall include at a nnnunum 35 (A) Date, 36 (B) Graphic and numeric scale; 37 (C) A vicinity map; 38 (D) North arrow, 39 (E) Total acreage, 40 (F) Proposed and existing structures including building envelopes and building setback lines; 41 (G) Distances between all proposed and existing buildings, 42 (H) Distances between all proposed/existing buildings and property lines; 43 (1) All proposed or existing uses; 44 (J) The location of proposed or existing open space including any required landscaped areas; 45 (K) The location and identification of critical areas; 46 (L) The layout of an internal vehiculai and pedestrian circulation system, including proposed 47 ingress and egress for vehicles and roadway widths, and additional right-of-way if required on 48 substandard roads; 49 (M) Proposed road names, 50 (N) Designated floodways and floodplains; Chapter 23 04 17 UDC Committee Reconmiendnnon w/Mad�fied Tables 3.4 & 5 — Aoposal "C' 4101107 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (0) The number and location of proposed or existing parlang spaces on and off the site; (P) The location and size of utility trunk Imes serving the site: (Q) The location and size of water bodies and drainage features, both natural and man made; (R) A layout of sewers and septic systems, and (S) Existing and proposed easements and existing access; (3) A completed environmental checldist, if required by GCC § 24.04 and WAC 197-11; (4) For new construction, a grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to 5 -foot contours, unless smaller contour intervals are otherwise required by the Grant County Code or rules and regulations promulgated thereunder, (5) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases; (6) Eriumcratioii cftbe nuinber o fpersons that will reside i n the accommodati ;ns, (7) Copy of any restrictive covenants, (8) Documentation of the date and method of segregation for the subject property venfymg that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the tmre of creation, and (9) A list of any other perrmt applications having been filed for the same site (g) Application Review Review of applications for site plan review shall be as follows. (1) Classification of Application- Applications shall be classified as specified in GCC § 25.04.080 and defined in GCC § 25 04 070 (2) Review Procedures When the Administrative Official determines that an application is technically complete, as defined in GCC § 25.04 160, the application shall be processed under procedures specified in GCC § 25 04 Article VII (3) Referral and Review of Application. Pursuant to GCC § 25.04.210, the Administrative Official shall transmit a copy of the application, or appropriate parts of the application; to affected agencies and county departments for review and comment (4) Notice of Application and Hearings Notice of application and hearings shall be made pursuant to GCC § 25 04 Article VI and VIII, respectively. (h) Approval Criteria Approval critena shall be as specified for binding site plans in GCC § 22.04.550 (i) Duration of Approval: Approval of the site plan shall be effective for two (2) years from the date of original approval by the Decision Maker If a building permit has not been issued or if construction activity of operation has not commenced within the two (2) year period, the site plan approval shall expire Upon petition by the land ownei or authorized representative, the Administrative Official may grant an extension of one (1) year. If an extension of time is grained, the site plan shall be subject to any new and amended regulations, requirements, policies, or standards in effect at the time of extension Knowledge of expiration date and initiation of a petition for extension shall be the responsibility of the applicant. The County will not provide notification prior to expiration 23.04.150 Minor Zoning Amendments (Minor Rezones) (a) Applicability. Amendments to the official zoning map that are not contingent upon legislative approval of a comprehensive plan amendment and are consistent with the goals and policies of the compi ehensive plan shall be considered a minor zoning amendment (minor rezone). Such minor zoning amendments are limited to a discrete piece of property in single ownership (b) Determination of Consistency A determination of consistency with the comprehensive plan shall be made by the Administrative Official in accordance with a Type I process as specified in GCC § Chapiei 23 04 ]8 UD( Cw.emeae, Reconunendahmi 1 25 04 080 A proposed zoning amendment shall be considered a minor amendment when both the 2 existing and proposed zoning district are considered consistent with the future land use designation 3 specified in the Comprehensive Plan, in accordance with Tables 6, 7 and 8 Those zoning districts 4 considered consistent with the various comprehensive plan future land use designations are indicated 5 in Tables 6, 7 and 8 with a "C," those considered inconsistent are indicated with an "I " For example, 6 according to Table 7, both the RR2 and RR3 zoning districts are considered to be consistent with the 7 Comprehensive Plan Land Use Designation "Rural Residential 2." Thus, a request to change zoning 8 of a parcel from RR2 to RR3 would be detennined to be consistent with the Comprehensive Plan, and 9 could be processed as a Minor Rezone as provided herein. 10 11 (c) Appeal of Determination of Consistency The decision of the Administrative Official regarding 12 consistency review of a petition for rezone may be appealed only as part of an appeal of an 13 underlying building or other construction or development permit decision. If the Administrative 14 Official determines that the requested rezone is not consistent with the comprehensive plan, the 15 applicant may request that the proposed rezone be reviewed as a major rezone as specified in GCC § 16 23 04.160 The applicant shall file a major rezone application and pay any required fees, as specified 17 in GCC § 23 04.160 or as established by resolution of the Board of County Commissioners 18 19 (d) Contents of Petition: Petitions for minor rezones shall be in writing, on forms provided by the 20 Department, and shall address the criteria for approval listed below in subsection (f) of this section 21 and such other information as is needed to determine conformance with this chapter and the 22 comprehensive plan. Additional information necessary to review conformance with the criteria for 23 approval may be requested by the Administrative Official at any time during the review process, and 24 shall be provided by the applicant in a timely manner 25 26 (e) Review Process. Following a determination of consistency as specified in subsection (b) of this 27 section, a petition for minor rezone may be processed at any time Processing of a rumor rezone 28 petition shall be in accordance with Type III procedures as specified in GCC § 25.04 080. 29 30 (f) Criteria for Approval: In reviewing a minor rezone petition, the Decision Maker, as defined in GCC § 31 25.04 080, shall consider testimony provided at any public hearing and recommendations provided by 32 interested and affected agencies and jurisdictions The Decision Maker shall grant a nnnor rezone 33 only if the applicant demonstrates that the requested rezone conforms to all of the criteria set forth 34 below 35 (1) The proposed rezone will not be contrary to the intent or purposes and regulations of the Grant 36 County Code or the Comprehensive Plan; 37 (2) The suitability of the property in question for uses allowed under the proposed zoning district; 38 (3) The compatibility of the proposed zone change and uses allowed under the proposed zoning district 39 with neighboring land uses; 40 (4) The proposed rezone can be served by adequate facilities including access, fire protection, water, 41 stormwatei control, and sewage disposal facilities; 42 (5) That substantial changes exist to warrant an amendment to the current zoning district; 43 (6) That public need exists for the proposed rezone, Public need shall mean that a valid public purpose, 44 for which the comprehensive plan and this chapter have been adopted, is served by the proposed 45 rezone Findings that address public need shall, at a imnirnum, document that. 46 (A) Additional land for a particular purpose is required in consideration of the amount already 47 provided by the official zoning map for the current zoning district and the pioposed zoning 48 district, and 49 (B) The timing is appropriate to provide additional land for a particular zoning district or uses 50 allowed under the proposed zoning district Chapter 23 04 19 UDC Cmunniee Reconuuenda4on w/ Modified Tables 3,4 d 5 — h opoial "C' 4/01107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (7) The proposed rezone will not result in significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval, (8) The cumulative impact of additional requests foi like actions (the total of the rezones over time or space) will not produce significant adverse effects to the environment that cannot be mitigated by conditions of approval, (9) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated tiaffic in the neighborhood, and (10) The pioposed zoning district does not include any allowable use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (RCW 36.70) (g) Appeals: Decisions regarding a petition for a minor rezone shall be final unless appealed in accordance with the requirements of GCC § 25 04 Article X 23.04.160 Major Zoning Amendments (Major Rezones) (a) Applicability. Proposed amendments to the official zoning map that are not consistent with the goals and policies of the comprehensive plan and are contingent upon legislative approval of a comprehensive plan amendment shall be considered a mayor zoning amendment (major rezone) (b) Deteriiitnation of Consistency: A determination of consistency with the comprehensive plan shall be made by the Administrative Official as specified in GCC § 23 04 150(b), above (c) Appeal of Detenrnnation of Consistency: The decision of the Administrative Official regarding consistency review of a petition for rezone may be appealed only as part of an appeal of an underlying building or other construction or development permit decision (d) Contents of Petition- Petitions for major rezones shall be in writing, on forms provided by the Department, shall contain those items required for a site-specific land use redesignation as specified in GCC § 25 12 030(g)(3), and shall address the criteria for approval listed below in subsection (f) of this section and such other information as is needed to determine conformance with this chapter and the comprehensive plan Additional information necessary to review conformance with the criteria for approval may be requested by the Administrative Official at any time during the review process, and shall be provided by the applicant in a timely mannei Failure of the applicant to provide sufficient information pnoi to the annual amendment deadline specified in GCC § 25 12.030(e) may cause the petition to not be docketed for that year's amendment process (e) Review Process. The Growth Management Act authorizes amendments to the Comprehensive Plan no more frequently than once per year in order that the cumulative effects of all such proposed plan amendments are considered Following a determination of consistency as specified in subsection (b) of this section, a petition for major rezone may be submitted at any time, however, the petition shall be piocessed in accordance with the annual comprehensive plan amendment schedule, in the same manner as a site-specific land use iedesngnation as specified in GCC § 25 12 030 Processing of a major rezone petition shall be in accordance with Type III procedures as specified in GCC § 25 04 080 (f) Criteria for Approval In reviewing a major rezone petition, the Decision Maker, as defined in GCC § 25 04 080, shall consider testimony provided at any public hearing and recommendations provided by uiteiested and affected agencies and jurisdictions The Decision Makei shall grant a major rezone only if the applicant demonstrates that the requested rezone conforms to all of the criteria set forth in GCC § 23 04 150(f), above Chapter 23 04 20 UDC Conuruucc H,,.muienAnao,, : n e 1 n.,..., -I !' nml/n7 1 2 (g) Appeals: Decisions regarding a petition for a major rezone shall be final unless appealed in 3 accordance with the requirements of GCC § 25.12.100. 5 23.04.170 Reasonable Use Exception 6 7 (a) Applicability Reasonable use exceptions shall only apply to legal lots of record established prior to 8 the effective date of this Chapter A landownei of applicant may apply for a reasonable use exception 9 pursuant to this section if: 10 (1) If the application of this Chapter would result in denial of any fundamental attribute of private 11 property ownership inconsistent with the limitations upon other properties in the zoning district in 12 which the property is situated, or 13 (2) If the application of this Chapter would result in denial of all econonucally viable use of private 14 property as a whole or creates a severe impact on a landowner's economic interest in the property as 15 a whole, and 16 (3) If such reasonable and economically viable use of the property cannot be obtained by consideration 17 of a variance pursuant to GCC § 25.08 to one or more individual requirements of this Chapter or 18 other Chapters of the GCC. 19 20 (b) Contents of Application: The application for a reasonable use exception shall include the following - 21 (I) A description of the site, and a description of the areas of the site which do not conform to the 22 regulatory requirements of the chapter of the GCC from which the applicant seeks the reasonable use 23 exception; 24 (2) A description of the proposed development, including a site plan; 25 (3) An analysis of the modification needed to the standards of the GCC chapter from which the applicant 26 seeks the reasonable use exception to accommodate the proposed development, and 27 (4) Such other information as the Administrative Official or Decision Maker determines reasonably 28 necessary to evaluate the issue of reasonable use as it relates to the proposed development, including, 29 but not limited to, the information required by a Reasonable Use Exception Submittal Requirements 30 checklist as prepared on forms provided by the Department 31 32 (c) Review Process- Upon receipt of applicable fees, requests for reasonable use exception shall be 33 classified and processed as a Type III permit as specified in GCC § 25.04.270. The Grant County 34 Planning Commission shall conduct an open record public hearing pursuant to GCC § 25 04 Article 35 VIII and shall make a recommendation to the Board of County Commissioners regarding approval or 36 denial of the application for a reasonable use exception 37 38 (d) Criteria for Approval. The Board of County Commissioners will make a final decision as to whether 39 the reasonable use exception will be granted upon the following criteria: 40 (1) Whether the application of this Chapter would deny all econonucally viable or beneficial uses of the 41 property, absent a demonstration by the county that the proposed use(s) are prohibited by the laws of 42 nuisance or other pre-existing hunts on the property which prohibit such use(s); 43 (2) Whether there are no other reasonable uses to which the property can be put; 44 (3) Whether the proposed use or development poses an unreasonable threat to the harm sought to be 45 avoided by the application of this Chapter or the public health, safety or welfare on or off the site for 46 which the reasonable use exception is sought, 47 (4) Whether the inability of the applicant to derive reasonable use of the property is the result of actions 48 by the applicant in subdividing the property or adjusting a boundary line thereby creating the 49 undevelopable condition aftei the effective date of this chapter, 50 Chapter 23 04 21 UDC Cwnnrtnee Remn... endninai w/Morhfied Tnbles 3,4 & 5 — P) oposol 'C" 4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (5) Whether the use exception being sought is the minimum necessary to allow for reasonable uses of the property, (6) Whether such use exception being sought is consistent with the general purposes of this chapter and other chapters of the GCC and the public interest, (7) Whether the applicant has requested and been denied a variance under the provisions of GCC § 25 08, unless the reasonable use exception being sought mcludes relief from standards for which a variance cannot be granted, and (8) The Board of County Commissioners may issue, as pail of the findings in any decision made under this Subsection, conditions of approval, including modifications to the size and placement of structures and facilities to numnuze. nonconformity to the requirements of this chapter and other chapters of the GCC (e) Combined Review Authority- In those cases where a proposed action seeking a reasonable use exception also requires other county permits, the following procedures shall apply (1) 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 (2) When other permits are administratively approved, review of the reasonable use exception may, at the discretion of the Administrative Official, be combined with other permits. In no case, however, shall approval of other perm is dependent on the granting of a reasonable use exception proceed prior to the review and approval of such reasonable use exception (3) In all cases of combined review, the most restrictive provisions for modification and processing shall govern the review of the reasonable use exception request (f) Appeals- Decisions issued on requests for reasonable use exceptions may be appealed to the Grant County Superior Court according to the provisions of GCC § 25 04 Article X. Article H. Unincorporated Portions of Urban Growth Areas Zoning Districts 23.04.200 General (a) Permitted Uses Uses allowed outright, discretionary uses and conditional uses are listed in Table 3 Additional permitted uses shall be as specified herein below for each zoning district. (b) Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08 020 permitted accessory dwelling units in this zoning district are specified in Table 3 All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23 08 020 and Table 3 Additional limitations shall be as specified herein below for each zoning district. (c) Prohibited Uses, Prohibited uses are listed in Table 3. Additional prohibited uses shall be as specified herein below for each zoning district. (d) Development Standards Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements are specified in GCC § 23 12 Table 1 Additional development standards shall be as specified herein below for each zoning district (e) Performance Standards Performance and use -specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23 08 Additional performance standards shall be as specified her em below for each zoning district. Chaptei 23 04 UDC Cwnnnuee Recommendntron Ll 2 (f) Site Plan Review. Proposals for (1) commercial, (2) industrial, 3 townhouse developments with more than four (4) dwelling units, 4 parks, and (5) farmworkei accommodations shall undergo Site Plan 5 23 04 140 in the following rural activity center zoning districts: 6 (1) Urban Residential 2 (UR2); 7 (2) Urban Residential 3 (UR3), 8 (3) Urban Residential 4 (UR4); 9 (4) Urban Commercial 1 (UCl ), 10 (5) Urban Commercial 2 (UC2); 11 (6) Urban Light Industrial (ULI); 12 (7) Urban Heavy Industrial (UHI); 13 (8) Rural General Commercial (RGC); 14 (9) Rural Neighborhood Commercial (RNC); 15 (10) Rural Frecway Commercial (RFC), 16 (11) Rural Light Industrial (RLI); and 17 (12) Rural Heavy Industrial (RHI) (3) multi -family, condominium (4) mobile/manufactured home Review as specified in GCC § 18 19 (g) Expansion of Pre -Existing Commercial and Industrial Uses: Whenever commercial or industrial uses 20 existing prior to the adoption of this chapter are proposed to expand or make modifications requiring 21 a building permit or other development approval, the development standards of GCC § 23.12 and 22 performance standards of GCC § 23.08 shall apply. 23 24 23.04.205 Urban Residential l (URI) 25 26 (a) Purpose- The Urban Residential I (UR1) zoning district is established within urban growth areas to 27 provide for suburban, low-density, single-family residential development in areas- (1) adiacent to 28 areas having higher residential densities; (2) situated so that they have potential for scenic views or 29 access to recreational development or water access, (3) located a substantial distance from the urban 30 core such that urban governmental services may not currently be available, but can be provided in the 31 future; or (4) where residential uses can function on interim utility systems until municipal utility 32 services are extended. 33 34 23.04.210 Urban Residential 2 (UR2) 35 36 (a) Purpose: The Urban Residential 2 (UR2) zoning district is established within urban growth areas to 37 provide for low density, single-, two-, and multifamily residential development in areas- (1) adjacent to 38 areas having higher residential densities. (2) with good transportation access horn and to urban centers (3) 39 where urban governmental services are eithei available or can be provided in the future, or (4) where 40 residential uses can function on interim utility systems until municipal utility services are extended 41 42 23.04.220 Urban Residential 3 (UR3) 43 44 (a) Purpose: The Urban Residential 3 (UR3) zoning district is established within urban growth areas to 45 provide for medium density, single-, two-, and multi -fainly residential development for persons who 46 desire to live in an urban-tvpe environment The UR3 zoning district is designed to be used in areas 47 (1) with good transportation access from and to urban centeis, (2) that aie in close proximity to the 48 urban core and/or neighborhood shopping facibties; and (3) where urban governmental services are 49 currently available 50 Chapter 23 04 23 UDC Committee Recommendation w/Modtjed Tables 3,4 & 5 - Roposal "C' 4/011M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (b) Limitations on Accessory Uses and Structures: All accessory uses and structures are permitted in this zoning distict, except as limited or prohibited by GCC § 23 08 020, Table 3. 23.04.230 Urban Residential 4 (I1R4) (a) Purpose The Urban Residential 4 (UR4) zoning district is established within urban growth areas to provide for high density, single-, two-, and multi -family residential development for persons who desire to live in an urban -type environment The UR4 zoning district is designed to be used in areas (1) with good transportation access from and to urban centers, (2) that are in close proximity to the urban core and/oi neighborhood shopping facilities, and (3) where urban governmental services are currently available (b) Limitations on Accessory Uses and Structures All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23 08.020, Table 3 23.04.240 Urban Commercial 1 (UC1) (a) Purpose: The Urban Commercial l(UCI) zoning districts are established within urban growth areas to provide sites for general commercial areas having a variety of retail, office, personal and professional services, and other commercial activities 23.04.250 Urban Commercial 2 (UC2) (a) Purpose- The Urban Commercial 2 (UC2) zoning districts are established within urban growth areas to provide sites for general commercial areas having a variety of retail, office, personal and professional services, and other commercial activities, and for more diversified business types including non -retail commercial, light manufacturing, equipment sales and service, and business uses which are primarily related to automotive traffic (b) Permitted Uses- In addition to those listed in Table 3, the following uses are allowed in this zoning district subject to a conditional use permit: (1) Recreational race tracks 23.04.260 Urban Heavy Industrial (UHI) (a) Purpose The purpose of the Uiban Heavy Industrial (UIII) zoning district is to allow for industrial developments in urban growth areas that have the potential for more than a minimal level of disturbance to adjacent properties, mcludnig heavy manufacturing, processing and industrial development generally not appropriate near iesidential areas This zoning district is established to preserve areas for industrial and related uses that could create serious problems of compatibility with other lands of land uses, and to make provisions foi those conmieicial uses which are most appropriately located as neighbors of industrial uses of that are necessary to seivice the immediate needs of people in these areas (b) Permitted Uses In addition to those listed in Table 3, the following uses are allowed outright in this zoning district (1) Agricultural uses, on an interum basis until industrial development occurs, provided that residences shall not be allowed as a principal use, and Chapter 23 04 24 UDC Coumnnae Reconnnendnbon .r/elnd,find inn/n, 3 J 5 - h,.,n.....I r J/n1An I In addition to those listed in Table 3, the following uses are allowed in this zoning district subject to a 2 discretionary use review: 3 (1) Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from 4 natural or synthetic materials, m r, - 5 (2) . Repair and storage fac lit es for equipment, includ'n1g, Heavy °equipment;,, marine equipment oats, 6 airplanes, antilaiie hangers and trucks; 7 (3) Research, development and testing facilities; 8 (4) Warehousing, distribution and storage facilities not open to retail customers; 9 (5) Wholesale and retail nurscries/greenhouses; 10 (6) Incidental retail sales of products manufactured, processed, or assembled on-site; 11 (7) Storage of unlicensed and/or inoperable vehicles; 12 (8) Offsite Hazardous Waste Treatment and Storage Facilities; provided that (1) such facilities are 13 subject to the state siting criteria adopted pursuant to the requirements of RCW Chapter 70 105.210 14 and (2) that such facilities are accessory uses pursuant to GCC § 23.04.110 to a primary use which is 15 a generator of hazardous waste; and 16 (9) Agriculturally -related industrial uses, including but not limited to: 17 (A) Agricultural processing facilities; 18 (B) Animal clinic/hospital, 19 (C) Cold storage; 20 (D) Commercial composting; 21 (E) Fabrication of farm related items; 22 (F) Farin management services, 23 (G) Farm product processing; 24 (H) Fertilizer manufacturing; 25 (I) Irrigation systems sales, repair and storage; 26 (J) Livestock auction facility, 27 (K) Sale of agriculture products produced in the agricultural area; 28 (L) Stables, riding clubs, 29 (M) Storage and distribution of animal feeds, fertilizers, pesticides and seed; 30 (N) Sorting and storage of agricultural products; and 31 (0) Wholesale nurseries/greenhouses 32 33 In addition to those uses listed in Table 3, the following uses are pernvtted in this zoning district, subject to 34 a conditional use review - 35 (1) Commercial uses, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and 36 service stations that primarily serve uses within the urban heavy industrial district, and 37 (2) Those uses permitted in the Urban Light hidustrial zoning district as discretionary uses 38 39 23.04.270 Urban Light Hidustrial (ULI) 40 41 (a) Purpose: The purpose of the Urban Light Industrial (ULI) zoning district is provided to allow light 42 manufacturing, limited commercial uses, office parks, medical services, wholesale, warehousing, 43 distribution and storage, equipment storage and repair, and other uses compatible with a light 44 manufacturing zoning district in urban growth areas. The district also allows such commercial uses 45 that serve primarily the industrial district This zoning district is intended to protect the light industrial 46 area from uses which may interfere with efficient industrial operations, while at the same time 47 protecting adjacent areas from adverse industrial impacts 48 49 (b) Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this 50 zoning district Chapter 23 04 25 UDC Conmrwee Recamr.endaaon w/ Modified Tables 3,4 & 5 — P, oposnl "C 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (1) Agricultural uses, on an interim basis until industrial development, provided that residences shall not be allowed as a principal use, and (2) Commercial uses, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and service stations that primarily serve uses within the urban light 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) Assembly, manufacture, compounding or treatment of articles or merchandise from the following previously -prepared materials bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fiir, glass, hair. horn i^cque.. leather pa_ o,.,ous or metals o, stones, hell to rtes obacco, wood, lumber and yarns, (4) Boat building, (5) Brewery, distillery or winery; (6) Cold storage, (7) Commercial materials testing laboratories; (8) Electroplating shop; (9) Enameling or metal coating (galvanizing); (10) Fabrication of farm related items; (11) Farm product processing; (12) Fertilizermanufactunng; (13) Fieight yard orterminal, (14) Fuel oil distributor, retail; (15) Fuels, solid yard and fuel alcohol production; (16) Grain elevator and flour milling; (17) Incidental retail sales of products manufactured, processed, or assembled on-site (18) Industrial laundry; (19) Manufacture, compounding, processing, packaging or the treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and beverage products, except sauerkraut, vinegar or picldes, (20) Manufacture of pottery and figurines and other similar ceramic 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 commercial advertising structures; (23) Manufacture of musical instruments, toys, novelties, rubber or metal stamps; (24) Manufacture of optical goods, scientific and precision instruments and equipment; (25) Manufacture of artificial limbs, hearing aids, dentures, surgical instruments and dressings, and other devices employed by the medical and dental pi ofessions, (26) Manufacture or assembly of convrrunicauon equipment and electronic equipment, supplies and components, (27) Metal worlang shop for the maintenance and repair of equipment, (28) Parcel delivery service, (29) Plastics moldnie and plastic product manufacturing; (?9(30) Printing, publishing and bookbinding; {301(31) Processing uses such as bottling plants, ereamenes, laboratories, blue printing and photocopying, tue retreading, recapping and rebuilding, f3- (32) Research and development laboratories, Chaptei 23 04 26 1 OC Coninmlee IWOIAIIIendallon I (32(33) Repair and storage facilities for equipment, including heavy equipment, marine equipment, 2 boats, airplanes and trucks, 3 034(34) Sorting and storage of agricultural products; 4 3q x(35) Spinnmg or knitting or cotton, wool, flax or other fibrous materials; 5 (33)(36) Starch manufacture, 6 {34)(37) Stone, marble and granite monument works; 7 (x(38) Storage buildings and warehouses, 8 (x(39) Storage, sales and distribution of animal feeds, fertilizers, pesticides and seed, 9 29 40) Storage and sales of building materials, farm supplies, agricultural and contractor equipment, 10 and used equipment in operable condition; 11 {40)(41) Storage for building materials, contractors' equipment, house mover, delivery vehicles, transit 12 storage, trucking terirunal and used equipment in operable condition; 13 (44)(42) Terminal and yard for produce; 14 (4- 43) Tuerch'cadingoriecappmg, 15 (43)(44) Vetermaiy clnucs, snail anunal kemiel; 16 (44)( 45) Welding shop, 17 (45-K46) Wholesale business; 18 44)(47) Wholesale and retail nurseries/greenhouses, and 19 (47)(48) Agriculturally -related industrial uses, including but not limited to 20 (A) Agricultural processing, packing and/or shipping facilities; 21 (B) Annual clinic,/hospital; 22 (C) Cold storage; 23 (D) Commercial composting; 24 (E) Fabrication of farm related items; 25 (F) Farm management services; 26 (G) Farm product processing; 27 (H) Fertilizer manufacturing; 28 (1) Irrigation systems sales, repair and storage; 29 (J) Sale of agriculture products produced in the agricultural area; 30 (K) Stables, riding clubs; 31 (L) Stockyards less than 40 acres or slaughterhouse; 32 (M) Storage and distribution of animal feeds, fertilizers, pesticides and seed; 33 (N) Sorting and storage of agricultural products; and 34 (0) Wholesale rairseries/greenhouses. 35 36 23.04.280 Open Space/Recreation (OSR) 37 38 (a) Purpose: The purpose Open Space/Recreation (OSR) zoning district is to maintain and preserve open, 39 undeveloped areas that ane not suitable for intensive development. Such areas may be available for 40 public uses, such as parks or recreation. 41 42 (b) Permitted Uses: In addition to those listed in Table 3, the following uses are allowed in this zoning 43 district subject to a conditional use permit: 44 (1),% Golf courses, with tie accessory uses, sudh'as eating or' drinkin µes abl2shinenfs, Fro' shops; and 45 olubhouseseIs Foy # 46 as,.ge4area maybe allowed, subject to a conditional use permit, to provide'such functions'. 47 48 23.04.290 Public Facility (PF) 49 50 Chapter 23 04 27 UDC Coemnuee Recommendauon ssd Modified Tables 3.4 d 5 — Piaposal "C' 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (a) Purpose- The purpose Public Facility (PF) zoning district is to provide areas that are available for public facilities, such as governmental facilities, parks, schools, infrastructure facilities, and other developments intended primarily for public use. (b) Limitations on Accessory Uses and Structures: All accessory uses and structures are permitted in this zoning district, except as hunted or prohibited by GCC § 23 08 020, Table 3, and as follows (1) Parking and Storage of Major Recreational Equipment. Prohibited. 23.04.300 Urban Reserve (UR) (a) Purpose: The purpose of the Urban Reserve (UR) zoning district is to provide for reservation of land anticipated to be required for future urban purposes, but for which urban services are not yet available Pri.^_.r t^ the of pub rie ,,...., , the Urban Resew „ zoning a, s dcd to y _o V JLI re_ 1J _illlit' 1V maintain a low land use density to discourage the establishment of interim uses and land division patterns that may foreclose significant future planning altematives pertaining to urban densities and the efficient provision of services Lands in this zoning district are transitional areas between rural and urban lands. 23.04.305 Grant County International Airport (AP) (a) Purpose. The purpose of the Airport (AP) zoning district is to maintain and enhance aviation -based land uses and activities, including air operations, aviation support activities, aviation -related industries, and aviation -compatible industries by assuring that use of adjacent lands does not interfere with aviation use (b) Applicability: The Airport (AP) zoning district applies only to portions of the Grant County International Airport as designated on the official zoning maps and as shown in Figure 10-1, Airport Land Use Plan in the Grant County Airport Master Plan, prepared by TRA Airport Consulting in association with C112M Hill, and adopted March 28, 1994, by the Port of Moses Lake Commissioners. (c) Permitted Uses. Uses allowed outright are those uses identified in the Grant County Airport Master Plan In addition, agricultural uses are allowed on an interim basis until airport industrial development occurs, provided that residences shall not be allowed as a principal use. All other uses shall be subject to a conditional use permit. (d) Limitations on Accessory Uses and Structures- Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020 All accessory uses and structures are permitted in this zoning dnsuict, except as hunted or prohibited by GCC § 23 08 020 and the Grant County Airport Master Plan (e) Prohibited Uses. Prohibited uses are listed in the Grant County Airport Master Plan Article III. Rural Lands Zoning Districts 23.04.310 General (a) Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 4 Additional permitted uses shall be as specified herein below for each zoning district (b) Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23 08.020 Permitted accessory dwelling units in this zoning district Chapter 23 04 28 UDC Co) unuuee Recwrunendnhan I are specified in Table 4. All accessory uses and structures are permitted in this zoning district, except 2 as limited or prohibited by GCC § 23.08.020 and Table 4. Additional limitations shall be as specified 3 herein below for each zoning district. 4 (c) Prohibited Uses Prohibited uses are listed in Table 4 Additional prohibited uses shall be as specified 5 herein below for each zoning district. 6 7 (d) Development Standards- Development standards, including allowable density, muwnum lot area, 8 mmmium setbacks, maximum bu lding dimensions and set aside requirements, are specified in GCC 9 § 23.12 Table 2 Additional development standards shall be as specified herein below for each zoning to district. 11 12 (e) Performance Standards Performance and use-specific standards for allowable and accessory uses in 13 this zoning district are specified in GCC § 23.08 Additional performance standards shall be as 14 specified herein below for each zoning district. 1J 16 (f) Site Plan Review: Proposals for (1) commercial, (2) industrial, (3) multi-family, condominium 17 townhouse developments with more than four (4) dwelling units, (4) mobile/manufactured home 18 parks, and (5) fannworker accommodations shall undergo Site Plan Review as specified in GCC § 19 23 04 140 in the following rural activity center zoning districts. 20 (1) Rural Residential 3 (RR3). 21 22 23.04.315 Rural Residential 1 (RRI) 23 24 (a) Purpose. The purpose of the Rural Residential 1 (RRI) zoning district is to preserve the residential 25 character and rural aspects of rural residential areas, to provide buffering or transitions between 26 existing rural developments and areas of higher or lower densities, and to provide for low density, 27 single- or two-family residential development. Rural Residential 1 (RRI) areas are characterized by. 28 (1) small-scale farms; (2) dispersed single -family homes on large parcels (3) being distant from 29 community services necessary to support development of a suburban or urban character, and (4) large 30 areas of open space. 31 32 (b) Permitted Uses. In addition to those listed in Table 4, the following uses are allowed in this zoning 33 district subject to a conditional use permit: 34 (1) 'Golf couises, with ne-accessory uses, such as eating or drinking establishments, pro shops; and 35 clubhouses: 36 �eaxnay be allowed, subject to a conditional use.p6riint, to provide such functions. 37 38 23.04.320 Rural Residential 2 (RR2) 39 40 (a) Purpose. The purpose of the Rural Residential 2 (RR2) zoning district is to preserve the residential 41 character and rural aspects of rural residential areas, to recognize areas where some platting to smaller 42 lots already exists and where some services and infrastructure may exist, and to provide for low 43 density, single- or two-family residential development. Rural Residential 2 (RR2) areas are 44 characterized by. (1) small-scale farms, (2) dispeised single -family homes on large parcels with some 45 areas of single -family homes on smallci parcels, and (3) being distant from community services 46 necessary to support development of a suburban or urban character 47 48 23.04.330 Rural Residential 3 (RR3) 49 50 (a) Purpose. The purpose of the Rural Residential 3 (RR3) zoning district is to preserve the residential Chapter 23 04 29 UDC Cononi Hee RCCOM17feltdR[[OR w/Modafied Tables 3.485-Pooposn! 'C"4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 character and rural aspects of rural residential areas, to recognize areas where some platting to smaller lots already exists and where some services and infrastructure may exist, and to provide for low density, single-, two-, and multi -family residential development Ruial Residential 3 (RR3) areas are characterized by (1) small-scale fames, (2) dispersed single-family homes on laige parcels with some areas of single- and multi-fanuly homes on smaller parcels, and (3) being distant from community services necessary to support development of a suburban or urban character. 23.04.350 Rural Remote (RRem) (aj.,,Purpose- The purpose of the Rural Remote (RRem) zoning district is to differentiate from the higher density rural land use to reflect the area's remoteness and/or limited opportunity for development, to pr(Tva lZod for --, l d alc and twc fan. i„ , ,.,dential d� chi D... i . luC uu �"vGy v�. .u. „ u�i - eon .�, ..., ��l�u.,n�,. ui ni i..i noe areas are geneially not suitable for intensive farming and are generally not attractive for residential development Rural Remote zoning district is intended (1) to provide opportunities for resource - oriented activities (farming and mineral extraction), (2) to be sensitive to the site's physical characteristics and protect critical areas, (3) to provide opportunities to create open space corridors; (4) to enable efficient road and utility,..,,systems, (5) to _provide for recreational uses and facilities' 40 — - to create demands for urban levels of service (b) Permitted Uses. In addition to those listed in Table 4, the following uses are allowed m this zoning district subject to a conditional use permit: (1) Outdoor shooting and archery ranges, and (2) Golf courses; with iaa-accessory uses, such as eating or drinlarig'e'�iablishments; pro shops," and ss aaorans maybe allowed, su_blect to a conditional use permit, _to provide such functions-- and (3) Un -named Recreational Uses. 23.04.360 Rural Urban Reserve (RUR) (a) Purpose. The purpose of the Rural Urban Reserve (RUR) zoning district is to recognize those areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future service from a municipal of privately -owned community water system This zoning district provides interim low density residential development as a means of preventing establishment of land uses of land use patterns that could foreclose planning options and eventual development or redevelopment at higher urban densities Such areas are located in close proximity to an urban growth area, but are either beyond the piesent availability of city water and sewer service, or are not yet uiban in chaiacter, mating them inappropriate for inclusion in the urban growth area Such areas are deemed necessary to hold in reserve for potential inclusion within an urban growth area in response to future needs as reflected in revised or updated population or employment forecasts or allocations Article IV. Rural Activity Centers Zoning Districts 23.04.400 General (a) Permitted Uses. Uses allowed outright, discretionary uses and conditional uses are listed in Table 5 Additional permitted uses shall be as specified herein below for each zoning distirct. (b) Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the Chaplet 23 04 30 UDC Coum„/(ee 2ecoumrendn0on I requirements specified in GCC § 23.08.020 Permitted accessory dwelling units in this zoning district 2 are specified in Table 5. All accessory uses and structures are permitted in this zoning district, except 3 as hinted or prohibited by GCC § 23.08.020 and Table 5 Additional limitations shall be as specified 4 herein below for each zoning district 5 6 (c) Prohibited Uses. Prohibited uses are listed in Table 5 Additional prohibited uses shall be as specified 7 herein below for each zoning district 8 9 (d) Development Standards Development standards, including allowable density, minimum lot area, 10 minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 11 23 12 Table 3 Additional development standards shall be as specified herein below for each zoning 12 district. 13 14 (e) Performance Standards: Performance and use -specific standards for allowable and accessory uses in 15 this zoning district are specified in GCC § 23.08 Additional performance standards shall be as 16 specified herein below for each zoning district. 17 18 (f) Site Plan Review: Proposals for (1) commercial, (2) industrial, (3) multi -family, condominium 19 townhouse developments with more than four (4) dwelling units, (4) mobile/manufactured home 20 parks, and (5) farmworker accommodations shall undergo Site Plan Review as specified in GCC § 21 23.04 140 in the following rural activity center zoning districts. 22 (1) Rural Village Residential (RVR); 23 (2) Rural Village Commercial (RVC); 24 (3) Rural Village hndustnal (RVI); 25 (4) Rural Community (RC), 26 (5) Agricultural Service Center (ASC); 27 (6) Recreational Development (RD), 28 (7) Rural General Commercial (RGC), 29 (8) Rural Neighborhood Commercial (RNC); 30 (9) Rural Freeway Commercial (RFC); 31 (10) Rural Recreational Commercial (RRC), 32 (11) Rural Light Industrial (RLI); and 33 (12) Rural Heavy Industrial (RHI). 34 35 (g) Expansion of Pre -Existing Commercial and Industrial Uses- Whenever commercial or industrial uses 36 existing prior to the adoption of this chapter are proposed to expand or make modifications requiring 37 a building permit or other development approval, the development standards of GCC § 23.12 and 38 performance standards of GCC § 23 08 shall apply. 39 40 23.04.405 Rural Village Residential (RVR) 41 42 (a) Purpose- The purpose of the Ruial Village Residential (RVR) zoning district is to preserve the 43 residential character of identified Ruial Villages. Rural Villages recognize the historic, 44 unincorporated communities that are characterized by urban type densities, are self sufficient villages 45 offering a full range of consumer goods and services, and that may offer some urban services such as 46 community water and fire protection The Rural Village is generally a compact, self-sufficient town 47 that functions as a small urban center and provides housing, convenience goods, and services to 48 residents in and around the area. The RVR zoning district provides for medium density, single-, two-, 49 and multi -family residential purposes 50 Chapter 23 04 31 UDC Comonuec Recommendation w/ Modified Tables 3,4&5 -Proposal "C"4/01/07 1 2 3 4 5 6 7 8 9 10 I1 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23.04.410 Rural Village Commercial (RVC) (a) Propose: The purpose of the Rural Village Commercial (RVC) zoning district is to preserve the commercial areas of identified Rural Villages Rural Villages recognize the historic, unincorporated communities that are characterized by urban type densities, are self sufficient villages offering a full range of consumer goods and services, and that may offer some urban services such as community water and fire protection The RVC zoning district piovides convenience goods and services to residents in and around the area The RVC zoning district is characterized by activities including, but not limited to, small-scale businesses in a compact core, public facilities such as post offices, schools, and fire departments, and services to the traveling public. ()1 0.t_ Liutitat.G_a.. Except for vVCmight� 1 u^'w^ fao t,lt,o; grvSS flver aa of priaPJ lSeS Suani not exceed 6,000 square feet per parcel, overnight lodging facilities shall not exceed 35 units and shall not exceed 12,000 square feet of gross floor area per parcel, including any related commercial facilities. 23.04.420 Rural Village Industrial (RVI) (a) Purpose: The purpose of the Rural Village Industrial (RVI) zoning district is to preserve the industrial areas of identified Rural Villages Rural Villages recognize the historic, unincorporated communities that are characterized by urban type densities, are self sufficient villages offering a full range of consumer goods and services, and that may offer some urban services such as community water and fire protection The RVI zoning distnet provides light, small-scale industrial and manufacturing activities. 23.04.430 Rural Community (RC) (a) Purpose: The Rural Community (RC) zoning districts provide a rural activity center where rural residents and others can gather, work, shop, entertain and reside. Rural Communities recognize the historic, unincorporated communities that are characterized by urban type densities and that may offer sone urban services such as community water, limited commercial uses, and fire protection This zoning district in intended to provide for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area. The RC zoning district is characterized by mixed-use activities including, but not limited to, single- and two-family family residential use, small-scale industries and businesses, public tacrlities such as post offices, schools, and fire departments, and open space The RC zoning district will also accommodate commercial and light industrial uses, but only after a site specific i eview process to determine and address potential impacts (b) Size Limitations: Retail and service uses shall not exceed 3,000 square feet of gross floor area per establishment, overnight lodging facilities shall not exceed 20 units and shall not exceed 6,000 square feet of gross floor area per parcel, including any related commercial facilities 23.04.440 Agricultural Service Center (ASC) (a) Purpose- The Agricultural Service Center (ASC) zoning district and related industrial uses that are commonly accepted in the rural area which facilitate the production of agricultural products are permissible in the ASC zoning district This zoning designation allows related processing facilities, limited agricultural resource sales and support services that support local agriculture resource Chapter 23 04 32 UDC Comimun Recommeudanon I activities, and which are not detrimental to the agriculture base in the long term. Agricultural Service 2 Centers recognize the historic, unincorporated communities that are characterized by agricultural 3 processing facilities and limited agricultural services that support local agricultural activities, 4 including small- and large-scale agricultural industries and businesses in a compact core, single 5 family residences, and open space, Commercial elements of Agiicultural Service Center zoning 6 districts are generally small, compact, isolated businesses, such as restaurants, cafes, drinking 7 establishments, feed stores, farm and garden supplies, groceries and drug stores, gas stations, 8 automobile, truck and heavy equipment service, repair, storage and sales, and other small-scale 9 businesses, including residences in conjunction with such businesses. This zoning district provides for 10 a mixture of land uses including single-family residential, commercial, and industrial. Commercial 11 and industrial uses are allowed only after a site specific review process to determine and address 12 potential impacts. 13 14 (b) Permitted Uses. In addition to those uses listed in Table 5, uses related to agriculture allowed outright 15 in ASC zoning district include, but aie not hinted to. 16 (1) Feed stores; 17 (2) Farm management services; 18 (3) Imgation systems sales, service, and storage, 19 (4) Wholesale distribution of animal feeds, fertilizers, pesticides, seeds and similar agricultural products 20 and materials; 21 (5) Cold storage, 22 (6) Fabrication of farm related items; 23 (7) Fann product processing; 24 (8) Fertilizer manufacturing, 25 (9) Sale of agriculture products produced in the agricultural area; 26 (10) Storage, sales and distribution of anneal feeds, fertilizers, pesticides and seed, 27 (11) Storage and sales of building materials, farm supplies, agricultural and contractor equipment, and 28 used equipment in operable condition, 29 (12) Sorting and storage of agricultural products; 30 (13) Metal working shop for the maintenance and repair of equipment used by the primary permitted 31 natural resource industrial use; 32 (14) Research and development laboratories related to agriculture; 33 (15) Commercial materials testing laboratories related to agriculture; and 34 (16) Industrial vehicle storage facility for vehicles which only serve natural resource industries. 35 36 23.04.450 Recreational Development (RD) 37 38 (a) Purpose: The Recreational Development (RD) zoning district provides for single-family residential 39 and commercial development related to seasonal, resort -related, or tourist activities in rural areas 40 This zoning district provides for commercial development, including hotels, condominiums, vacation 41 home rentals, retail stores, restaurants, golf courses, marinas, open space, and similar recreational or 42 tourist activities. This designation also provides for residential development on small parcels that can 43 physically support such development without requiring urban service levels 44 45 23.04.460 Shoreline Development 1 (SDI) 46 47 (a) Purpose: The Shoreline Development 1 (SDI) zoning district provides for single-family residential 48 development related to shorelines in rural areas on parcels that can physically support such 49 development without requiring urban service levels 50 Chapter 23 04 33 UDC Cwnmi¢ee lteeornaaendceu,n w/Modified Tables 3,4 & 5 — P) oposal "C' 4101/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23.04.470 Shoreline Development 2 (SD2) (a) Purpose The Shoreline Development 2 (SE)2) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requiring urban service levels. 23.04.480 Shoreline Development (SD3) (a) Purpose- The Shoreline Development 3 (SD3) zoning district provides for single-family residential development related to shorelines in rural aieas on parcels that can physically support such development without requiring urban service levels. 23 04.490 Shoreline Development 4 ND41 (a) Purpose: The Shoreline Development 4 (SD4) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requinng urban service levels 23.04.500 Rural General Commercial (RGC) (a) Purpose: The Rural General Commercial (RGC) zoning district provides areas for general commercial uses having a variety of retail, office, personal and professional services, and other commercial activities, and for mote diversified business types including non -retail commercial, light manufacturing, equipment sales and seivice, and business uses which are primarily related to automotive traffic This zoning district provides for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area This zoning district is typically located along or adjacent to major traffic artenals. New uses located on previously undeveloped parcels in this zoning district shall be limited to those specified in subsection (c), below. (b) Pennitted Uses. In addition to those listed in Table 5, the following uses are allowed outright on previously developed parcels in this zoning district: (l) Antique shop, (2) Automobile and trailer sales; (3) Billboaids and outdooi advertising in conformity with applicable laws and regulations; (4) Barbei and beauty shops, (5) Cabinet shop, (6) Clothing and apparel store; (7) Custom cannery, (8) Department and discount stores; (9) Drycleanumg, (10) Drugstore, (11) Dry goods store; (12) Electrical and plumbing supply; (13) Electronic appliance sales and service; (14) Espresso stands with or without drive through; (15) Flea market, (16) Flonst and garden supplies; (17) Frozen food lockers; (18) Grocery, fruit of vegetable store, meat market, Chapter 23 04 34 UDC Co...... e Rcmwmendaawi n✓MM,f,d Tnlom, id.P i -11,o„ I C d/01/!17 1 (19) Gift shop; 2 (20) Hardware or electric appliance store; 3 (21) Health spas, tanning salons, 4 (22) Internet service providers, 5 (23) Jewelry store; 6 (24) Mobilehmnufactured home, camper, trailer and recreational vehicle sales and service, 7 (25) Notions or variety store; 8 (26) Photography studio, 9 (27) Printing, copying or publishing service; 10 (28) Radio or television station; 11 (29) Retail bakery of confectionery, 12 (30) Retail Lumber yard and building materials; 13 (31) Self-service laundry, 14 (32) Shore repair shop, shoe store; 15 (33) Sign shop, 16 (34) Stationary store; 17 (35) Tailor shop; 18 (36) Theater, walk-in or drive-in, auditorium, grandstand, and arenas; 19 (37) Tire shop, 20 (38) Wholesale office and showrooms, with merchandise on the premises limited to samples only; and 21 (39) Smular uses pursuant to GCC § 23 04.040 22 23 In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a 24 conditional use permit- , 25 (1) Moret aiy or fir feral fiome: a�lil '�=M1�'i•su.-C" Af tiY"�"i__.'m+£l'>"ti.-tJ."t 26 Y,3*�R (2) "°A cenietery whenassociated vnt19 an oz l mot uan *rn' funeralehom 27 28 (c) Limitations on New Uses on Undeveloped Parcels. New uses located on previously undeveloped 29 parcels in this zoning district shall be limited to the following: 30 (1) Those uses permitted in the Rural Recreational Commercial zoning district, as specified in GCC § 31 23 04 550(b); 32 (2) Personal & Professional Services, 33 (3) Residential Care Facilities; 34 (4) Day Care Types 1 and 2, and 35 (5) Bed & Breakfast Residences. 36 37 23.04.510 Rural Neighborhood Commercial (RNC) 38 39 (a) Purpose: The purpose of the Rural Neighborhood Commercial (RNC) zoning district is to provide for 40 hinited, small scale neighborhood commercial activity centers providing retail, service and office uses 41 where rural residents and others can gather, work, shop, entertain and reside This zoning district 42 provides for a range of commercial uses and services to meet the everyday needs of rural residents 43 and natural resource industries, to provide employment opportunities for residents of the rural area, 44 and to provide goods, services, and lodging for travelers and tourists to the area The RNC zoning 45 district is characterized by: (1) small buildings, (2) low traffic generation, and (3) operations with 46 little late night activity New uses located on previously undeveloped parcels in this zoning district 47 shall be limited to those specified in subsection (c), below 48 49 (b) Permitted Uses. In addition to those listed in Table 5, the following uses are allowed outright on 50 previously developed parcels in this zoning district Chapter 23 04 35 UDC ComarrUee Reeonvuendslrav w/Modrfierl Tablw 3,4 & 5 - Aoposol 'C " 4/01/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (1) Antique shop; (2) Barber and beauty shops; (3) Clothing and apparel store; (4) Drug store, (5) Drycleamng, (6) Dry goods store, (7) Espresso stands with or without drive through; (8) Electronic appliance sales and service; (9) Florist and garden supplies; (10) Grocery, fruit or vegetable store, meat market; (11) Gift shop; (1°\ Hardv.,,.,,.,.elech-:c pplianastn..., (13) Jewelry store, (14) Notions or variety store; (15) Photography studio; (16) Retail bakery of confectionery; (17) Self-service laundry; (18) Shore repair shop, shoe store; (19) Stationary store; (20) Tailoi shop, and (21) Sumlar uses pursuant to GCC § 23.04 040. (c) Limitations on New Uses on Undeveloped Parcels: New uses located an previously undeveloped parcels in this zoning district shall be limited to the following. (1) Those uses permitted in the Rural Recreational Commercial zoning district, as specified in GCC § 23 04 550(b), (2) Personal & Professional Services; (3) Residential Care Facilities; (4) Day Care Types 1 and 2, and (5) Bed & Brealdast Residences (d) Size Limitations: Retail, office and service uses shall not exceed 3,000 square feet of gross floor area per establishment. 23.04.520 Rural Freeway Commercial (RFC) (a) Purpose: The purpose of the Rural Freeway Commercial (RFC) zoning district is to provide for commercial facilities and uses outside of Urban Growth Areas in the vicinity of interchanges and frontage and access roads of limited access highways, specifically Interstate 90 This zoning district provides facilities and services to accommodate conventions, tourists, local populations, and provide the traveling public with necessary goods and services (b) Size Lin Cations, Uses, except retail, shall not exceed 6,000 square feet of gross floor area with a maximum of one establishment pei parcel, retail uses shall not exceed 4,500 squat e, feet of gross floor area (c) Uses on parcels located adjacent to agricultural zoning districts shall not adversely impact the natural resource production in the area and shall not require extension of urban water and sewer services. 23.04.530 Rural Light Industrial (RLI) Chapter 23 04 36 UDC Comm.. uce Recommewlapon ✓ AJ...nmd T,,r,t.,. RJ,r �_P,......... I'r Jn147 1 2 (a) Purpose: The Rural Light Industrial (RLI) zoning district is provided to allow light manufacturing, 3 processing fabrication and storage of products, wholesale, warehousing, distribution and storage, 4 equipment storage and repair, and other uses compatible with a light manufacturing district. The district 5 also allows such commercial uses that serve primarily the industrial district This zoning district is 6 intended to protect the light industrial area from uses which may interfere with efficient industrial 7 operations, while at the same time protecting adjacent areas fi-om adverse industrial impacts New uses 8 located on previously undeveloped parcels in Jus zoning district shall be limited to those specified in 9 subsection (c), below 10 11 (b) Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this 12 zoning district. 13 (1) Agricultural uses, on an interim basis until industrial development; provided that residences shall not 14 be allowed as a principall use; and 15 (2) Cot ime cial uses on pi eviously developed parcels, including offices, banks, restaurants, convenience 16 stores, cafes, bars, taverns and service stations that primarily serve uses within the heavy industrial 17 district. 18 19 In addition to those listed in Table 5, the following uses are pemvtted on previously developed parcels in 20 this zoning district, subject to a discretionary use review: 21 (1) Asbestos products; 22 (2) Assembly and fabrication of sheet metal products; 23 (3) Assembly, manufacture, compounding or treatment of articles or merchandise from the following 24 previously -prepared materials- bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, 25 hair, horn, lacquer, leather, paper, precious or semr- precious metals or stones, shell textiles, tobacco, 26 wood, lumber and yams; 27 (4) Boatbuildmg, 28 (5) Brewery, distillery or winery; 29 (6) Cold storage, 30 (7) Commercial materials testing laboratories; 31 (8) Electroplating shop; 32 (9) Enameling or metal coating (galvanizing); 33 (10) Fabrication of fannrelated items; 34 (11) Far n product processing; 35 (12) Fertilizer manufacturing, 36 (13) Freight yard or teninnal, 37 (14) Fuel oil distributor, retail, 38 (15) Fuels, solid yard and fuel alcohol production; 39 (16) Grain elevator and flour nulling; 40 (17) Incidental retail sales of products manufactured, processed, or assembled on-site. 41 (18) Industrial laundry; 42 (19) Manufacture, compounding, processing, packaging or the treatment of such products as bakery 43 goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, 44 toiletries, food and beverage products, except sauerkraut, vinegar or pickles, 45 (20) Manufacture of pottery and figurines and other si nilar ceramic products, using only previously 46 pulverized clay, 47 (21) Manufacture of cable, cans, candles and guns, 48 (22) Manufacture and maintenance of electric and neon signs billboards or commercial advertising 49 structures, 50 (23) Manufacture of musical instruments, toys, novelties, rubber or metal stamps; Chapter 23 04 37 UDC Cw inquiee Recommendnpon w/ModiJierl Tables 3,4 & 5 - P) oposal "C" 4101107 1 2 3 4 5 6 7 8 9 1D 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (24) Manufacture of optical goods, scientific and precision instruments and equipment; (25) Manufacture of artificial limbs, hearing aids, dentures, surgical instruments and dressings, and other devices employed by the medical and dental professions; (26) Manufacture or assembly of communication equipment and electronic equipment, supplies and components; (27) Metal working shop for the maintenance and repair of equipment, (28) Parcel delivery service, (29) Printing, publishing and bookbinding, (30) Processing uses such as bottling plants, creamenes, laboratories, blue printing and photocopying, tire retreading, recapping and rebuilding, (31) Research and development laboratories; (321 Repan and sto"C' facilities for eCninn:ent, including heavy eQl.ip—nt ma -n- bests airplanes and trucks; (33) Sorting and storage of agricultural products; (34) Spinning or knitting or cotton, wool, flax or other fibrous materials; (35) Starch manufacture, (36) Stone, marble and granite monument works; (37) Storage buildings and warehouses, (38) Storage, sales and distribution of animal feeds, fertilizers, pesticides and seed; (39) Storage and sales of building materials, farm supplies, agricultural and contractor equipment, and used equipment in operable condition; (40) Storage for building materials, contractors' equipment, house mover, delivery vehicles, transit stoi age, trucking terminal and used equipment in operable condition, (41) Terminal and yard for produce; (42) Tire retreading or recapping; (43) Veterinary clinics, small animal kennel.; (44) Welding shop; (45) Wholesale business; (46) Wholesale and retail nurseries/greenhouses; and (47) Agriculturally -related industrial uses, including but not limited to: (A) Agricultural processing, packing and/or shipping facilities; (B) Animal clinic/hospital, (C) Cold storage; (D) Commercial composting; (E) Fabrication of farm related items, (F) Farm management services, (G) Farm product processing, (H) Fertilizernianufactmnig; (I) Irrigation systems sales, repair and storage, (J) Livestock auction facility; (K) Sale of agiiculture pioducts produced in the agricultural area; (L) Stables, riding clubs, (M) Storage and distribution of animal feeds, fertilizers, pesticides and seed, (N) Sorting and stoiage of agricultural products, and (0) Wholesale nuiseries/greenhouses. (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 (1) Agnculturally-related industrial uses specified in subsection (b)(47), above; (2) Industrial uses ielated to iriimng and mineral extraction, and Chapter- 23 04 38 UDC Corunwler Recmnnresdation 1 (3) Industrial uses requiring large secluded areas away from urban growth centers and not requiring 2 urban water and sewer services. 3 4 23.04.540 Rural Heavy Industrial (RM) 5 6 (a) Purpose: The Rural Heavy Industrial (RHI) zoning district is to allow for industrial developments in 7 rural areas that have the potential for more than a riummal level of disturbance to adjacent properties, 8 mcludmg heavy manufacturing, processing and industrial development generally not appropriate near 9 residential areas This zoning district is established to preserve areas for industrial and related uses 10 that could create serious problems of compatibility with other kinds of land uses, and to make 11 provisions for those commercial uses which are most appropriately located as neighbors of industrial 12 uses or that are necessary to service the immediate needs of people in these areas New uses located 13 on previously undeveloped parcels in this zoning district shall be limited to those specified in 14 subsection (c), below 15 16 (b) Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this 17 zoning district: 18 (1) Agricultural uses, on an interim basis until industrial development occurs; provided that residences 19 shall not be allowed as a principal use; and 20 (2) Corninercial uses on previously developed parcels, including offices, banks, restaurants, convenience 21 stores, cafes, bars, taverns and service stations that pnmanly serve uses within the heavy industrial 22 district 23 24 In addition to those listed in Table 5, the following uses are permitted on previously developed 25 parcels in this zoning district subject to a discretionary use review: 26 (1) Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from 27 natural or synthetic materials, 28 (2) Repair and storage facilities for equipment, including heavy equipment, mann equipment, boats, 29 airplanes and trucks; 30 (3) Research, development and testing facilities; 31 (4) Warehousing, distribution and storage facilities not open to retail customers; 32 (5) Wholesale and retail nursenes/greenhouses; 33 (6) Incidental retail sales of products manufactured, processed, or assembled on-site; 34 O Storage of unlicensed and/or inoperable vehicles, and 35 (8) Offsite Hazardous Waste Treatment and Storage Facilities; provided that (1) such facilities are 36 subject to the state siting criteria adopted pursuant to the requirements of RCW Chapter 70 105.210 37 and (2) that such facilities are accessory uses pursuant to GCC § 23 04 110 to a primary use which is 38 a generator of hazardous waste. 39 40 In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a 41 conditional use permit: 42 (1) Recreational race tracks; 43 (2) Those uses permitted in the Rural Light Industrial zoning district subject to a discretionary use 44 review. 45 46 (c) Limitations on New Uses on Undeveloped Parcels New uses located on previously undeveloped 47 parcels in this zoning district shall be limited to the following 48 (1) Agneulturally-related industrial uses specified in subsection (b)(47), above; 49 (2) Industrial uses related to mining and mineral extraction, and 50 Chaptei 23 04 39 UDC Co mninee Recommendation iv/Modifier! Tables 3,4 d 5— h opowl "C" 4/0107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (3) Industrial uses requiring large secluded areas away from urban growth centers and not requiring urban water and sewer services 23.04.550 Rural Recreational Commercial (RRC) (a) Purpose: This zoning district provides for commercial uses related to the County's abundant iecreatiorial opportunities and scenic and natural amenities. (b) Permitted Uses. In addition to those listed in Table 5, the following uses are allowed outright in this zoning district: (1) Cabins and other forms of overnight lodging that are rural in scale. New residential development shall not be perimtted. New residential development includes the subdivision or sale of land for year- r0und or second-hime residential hvnst `,Icl a '^'1 T a"'—^ _rib as �i:�TCi-;;CCii1, G _ iCei,c_ i.0�io! Gji- atVl� inia'y' not allow any person to occupy overnight lodging on the prennses for more than 4 months in any year, (2) Connnercial boathouses; (3) Commercial facilities, such as restaurants and small retail shops, if they serve the primary recreational or tourist use; (4) Display gardens, (5) Outdoor recreational equipment rental and/or guide services, and In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a conditional use permit: (1) Animal preserve; (2) Recreational race trach (3) Motorized, off-road vehicle (ORV), and all -terrain vehicle (ATV) parks and recreational areas; (4) Conference center; (5) Recreational, cultural or religious retreats (non-residential); and (6) Golf courses, including accessory uses, such as eating or drinking establishments, pro shops, and clubhouses. (c) Size Limitations: The maximum number of overnight lodging shall be 35 units of built (fixed or mobile) lodging, this limit does not apply to the number of camping sites or recreational vehicle hookups within a campground or resort. Retail and service uses shall not exceed 3,000 square feet of gross floor area per establishment with not more than three establishments in any one CR zoning district. Article V, 23.04.560 Agricultural (AG) Resource Lands Zoning Districts (a) Purpose- The purpose of the Agricultural zoning district (AG) is to provide land for continued fanning activities, conserve agricultural land, and reaffirm agricultural use, activities and operations as the primary use of the zoning district The zoning district is composed mainly of lands with highly productive soil that is generally suited to crop agriculture, agricultural related industries, livestock maintenance, existing public irrigation facilities and potential future expansion of the Columbia Basin Iingation Project (b) Permitted Uses Uses allowed outright, discretionary uses and conditional uses ale listed in Table 4. In addition to those listed in Table 4 the following uses are allowed outright in this zoning district: (1) Fann-based business and enterprise including, but not limited to, direct marketing of unprocessed and value-added agricultural products and agricultural support businesses; Chaptei 23 04 40 UDC Cononntiec Reconuuendnllon 1 (2) Management an harvest of any crop and the usual accessory buildings and structures, 2 (3) Composting; 3 (4) Lagoons for livestock and poultry waste, which shall be designed, constructed and managed in 4 accordance with agricultural best management practices; 5 (5) On-site sorting, bagging, storage, and similar wholesale processing activities of agricultural products 6 that are predominantly grown on-site or produced principally from the entre conuncicial faun 7 operation, provided that such activities shall be limited to those which are integrally related to the 8 agricultural production and harvesting process; 9 (6) Soil -dependent greenhouses in which agricultural production occurs directly, and at ground level, in 10 the native, indigenous soil on the site, or where such production is directly related to surrounding I l agricultural uses as part of the conunercial farm operation, such as providing early starts to seedlings 12 which are later transplanted to adiacent fields, or the production of seed crops which must be 13 separated from field crops to prevent cross-pollination. Non -soil -dependent greenhouses in which 14 plants are grown on cement of gravel beds, in elevated platforms, or otherwise not directly at the 15 ground level in the native, indigenous soil are not permitted. unless such production is directly related 16 to surrounding agricultural uses as part of the commercial farm operation; 17 (7) Wholesale nursenes; and 18 (8) Fane oriented feedlots. 19 20 In addition to those listed in Table 4 the following uses are allowed in this zoning district subject to a 21 discretionary use permit, 22 (1) Sugar refinery accessory uses: Uses ancillary to a primary agriculture processing facility located in 23 an industrial zone, relating to refining of sugar, and which are a necessary and incidental part of the 24 agriculture processing facility may be allowed subject to discretionary review for conformance with 25 the requirements of GCC § 23 08.380 and any applicable development standards of GCC § 23 12, 26 (2) Non -soil -dependent greenhouses in which plants are grown on cement or gravel beds, in elevated 27 platforms, or otherwise not directly at the ground level in the native, indigenous soil. Should the 28 operation cease, then the land must return to its former state or be put into agricultural production, 29 (3) Retnever/field trial dog training facility, 30 (4) Temporary outdoor events, and 31 (5) Agriculturally -related industrial uses, including but not limited to: 32 (A) Agricultural processing, packing and/or shipping facilities; 33 (B) Animal clinic/hospital; 34 (C) Cold storage; 35 (D) Commercial composting; 36 (E) Fabrication of farm related items, 37 (F) Farm management services, 38 (G) Farm product processing; 39 (H) Fertilizer manufacturing, 40 (I) Irrigation systems sales, repair and storage, 41 (J) Livestock auction facility; 42 (K) Sale of agriculture products produced in the agricultural area; 43 (L) Stables, riding clubs, 44 (M) Storage and distribution of animal feeds, fertilizers, pesticides and seed, 45 (N) Sorting and storage of agricultural products, and 46 (0) Wholesale nurseries/greenhouses. 47 48 In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a 49 conditional use permit- 50 errmt50 (1) Outdoor shooting and archery ranges; Chapter 23 04 41 UDC Cownnatdee Recommendation eJMod�fted Tabies 3,4 E 5- Pioposat "C"4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) Permanent or seasonal roadside retail sales stands larger than 300 square feet, (3) Impoundments greater than 1 acre feet in size which do not function as manure lagoons; (4) Agricultural resource research and training facility, (5) Animal climes, hospitals, kennels, cemeteries and training schools on a parcel having a iriimmum lot area of five (5) acres Such use shall be regulated under GCC § 23 08 050 and GCC § 23 08 440 and as follows (A) Buildings and fenced running areas shall be located a minimum distance of fifty (50) feet from the property line and seven hundred fifty (750) feet from any existing dwelling other than the dwelling of the owner, and (6) Mining, mineral extraction and imneral processing, provided that the area is located within a MRO zoning district and on a parcel having a minimum lot area of five (5) acres. Such use shall be leaLlalyd i.mder vo-zou did aS lullowb (A) No such mining operation shall be located less than one thousand (1,000) feet from any residentially zoned district, and (B) No production shall be permitted nearer than fifty (50) feet from any property line (c) Limitations on Accessory Uses and Structures. Accessory uses and structures shall meet the requirements specified in GCC § 23 08 020 Permitted accessory dwellmg units in this zonmg district are specified in Table 3 All accessory uses and structures are permitted in this zoning district, except as linuted or prohibited by GCC § 23 08 020 and Table 4. In addition to those accessory uses specified above, the following accessory uses to an agricultural use in all zoning districts are pemvtted- (1) Outdoor storage of processed and unprocessed natural materials, waste materials, or other similar materials, (2) Impoundments under 1 acre feet in volume; (3) Fann animal or horticultural viewing by the public; (4) U -pick sales to the public, (5) Storage and/or processing of agricultural products; and (6) Miscellaneous agricultural support buildings, including barns, sheds, corrals, and coops, which are used far on-site soil -dependent agriculture. (d) Prohibited Uses: Prohibited uses are listed in Table 4 (e) Size Limitations The maximum area for development which is not related to agriculture uses and activities shall be limited to twenty (20) percent of the parcel area, but not less than one acre, regaidless of the assigned density Further, in the division of a parcel m this zoning district by any means, the allowable area for conversion of the parent parcel to non-farm use shall not be exceeded. This shall not apply to parcels smaller than five (5) acres. (f) Development Standards: Development standards, including allowable density, minimum lot area, numinurn setbacks, maximum building dimensions, and set aside requirements, are specified In GCC § 23 12 Table 2. (g) Performance Standards- Performance and use -specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23 08 Article VI. Special and Overlay Zoning Districts 23.04.600 General (a) Purpose Overlay Zoning Districts provide regulations in addition to those of other sections in this Chaptci-23 04 42 UDC r m matee Rccoamicndatnan 1 UDC for certain land areas and for uses which warrant specific recognition and management See the 2 Grant County Official Zoning Maps for the location of the Overlay Zoning Districts Except as 3 otherwise provided in this Section, the provisions of an Overlay Zoning District shall prevail over any 4 conflicting provisions of this UDC for the duration of the overlay zoning district, subject to Chapter 5 36, RCW All other provisions of this UDC shall remain in full force and effect within the Overlay 6 District. The following types of Ovei lay Zoning Districts are provided in tins UDC 7 (1) Open Space Conservation (OSC), 8 (2) Public Open Space (POS), 9 (3) Mineral Resource Overlay (MRO), 10 (4) Aerospace Overlay (A% 11 (5) Airport Safety Overlay (ASO); 12 (6) Critical Areas pursuant to GCC § 24.08, and 13 (7) Cultural Resource Areas pursuant to GCC § 24 08. 14 15 (b) An overlay zoning district imposes requirements in addition to those normally required in the 16 underlying zoning district. Except as otherwise provided in this section, the provisions of an overlay 17 zoning district shall prevail over any conflicting provision of the GCC. All other provisions of the 18 GCC shall remain in full force and effect within the overlay zoning district. 19 20 (c) The official zoning maps may not portray overlay zoning districts at this time, and do not provide a 21 definitive answer as to whether any overlay zoning district regulations apply to a particular parcel 22 The presence of an overlay zoning district will be determined by the applicant and the Department as 23 part of the project permit review process 24 25 (d) The official zoning maps do portray the open space land use designation, however those lands are 26 comprised of two distinct overlay zoning districts (1) Open Space Conservation (OSC) and (2) 27 Public Open Space, as defined herein. 28 29 (e) Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 4. 30 Additional permitted uses shall be as specified herein below for each zoning district. 31 32 (f) Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the 33 requirements specified in GCC § 23 08 020 Permitted accessory dwelling units in this zoning district 34 are specified in 'Table 4. All accessory uses and structures are pernntted in this zoning district, except 35 as limited or prohibited by GCC § 23 08.020 and Table 4 Additional limitations shall be as specified 36 herein below for each zoning district 37 38 (g) Prohibited Uses- Prohibited uses are listed in Table 4 Additional prohibited uses shall be as specified 39 herein below for each zoning district. 40 41 (h) Development Standards: Development standards, including allowable density, minimum lot area, 42 minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC 43 § 23 12 Table 2 Additional development standards shall be as specified herein below for each zoning 44 district. 45 46 (1) Performance Standards Performance and use -specific standards for allowable and accessory uses in 47 this zoning district are specified in GCC § 23.08. Additional performance standards shall be as 48 specified herein below for each zoning district 49 50 23.04.610 Open Space Conservation (OSC) Chapter 23 04 43 UDC Committee Recwnmemdarioa w/Mod�fied TaNas 3.4 & 5 - Pioposne "C"4/01107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (a) Purpose The Open Space Conservation zoning district is comprised of privately -owned lands within the Open Space land use designation shown on the official zoning maps The purpose of the Open Space Conservation zoning district is to reflect the area's remoteness and unique resources The OSC zone is intended to (1) provide opportunities for resource -oriented activities (farming and mineral extraction), (2) be sensitive to the site's physical characteristics and protect critical areas, (3) provide opportunities to create open space corridors, and (4) not create demands for urban level services The OSC zoning district allows for limited residential development, of for the enjoyment of recreation, scenic amenities, or for the protection of environmentally sensitive areas. (b) Permitted Uses: In addition to those listed in Table 4, the following uses are allowed outright in this zon ng district: (1) Passive recreation, subject to permission from the private land owner, (2) Trails or educational enterprises designed to offer special access to natural resource-based and recreational opportunities on lakes, creeks, streams, river corridors, shorelines, and areas with prominent views, and (3) Single-family residential development. 23.04.620 Public Open Space (POS) (a) Purpose: The Public Open Space zoning district is comprised of publicly -owned lands within the Open Space land use designation shown on the official zoning maps. The POS zoning district includes lands owned by a federal, state or local government entity, which are maintained as closely as possible to their natural state. The resources present on these lands are unique m rare, and are at risk of loss or damage. The primary use of these lands is resource conservation and low -intensity public recreation The POS zoning district is dedicated or reserved for public use, or for the enjoyment of low -intensity recreation, scenic amenities, or for the protection of environmentally sensitive areas, habitat and species For example, the following State parks are designated in this zoning district Potholes State Park, Sun Lakes State Park, Summer Falls State Park, and Steamboat Rock State Paflc Those publicly -owned parcels within the Open Space land use designation along the Columbia River, Beezley Hills, Potholes Reservoir, Ancient Lakes area, Crab Creek drainage area, Grand Coulee recreational area, Wahluke Slope, Saddle Mountains, Moses Lake, Priest Rapids and Wanapum Reservoirs, Lake Lenore, Banks Lake, Lake Roosevelt, and Billy Clapp Lake, among others, are also included in this zoning district. (b) Permitted Uses- In addition to those listed in Table 4, the following uses are allowed outright in this zoning district, (1) Historic sites open to the public, (2) Passive recreation; (3) Public open spaces, including state and federal parks, recreational areas, and wildlife management areas, (4) Open Space Parks that showcase significant historic, archaeological, scientific, cultural or unique natural features or landscape features or natural processes; (5) Trails or educational enterprises designed to offer special access to natural resource-based and recreational opportunities on lakes, creeks, streams, river corridors, shorelines, and areas with pronunentViews, and In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit: Chapter 23 04 44 UDC Committee Rewmmendnbon ,vi A4..,6„1 T,da... Z d X �_ 11,,,,,,,.,,1 � 1oum 1 (1) Cultural and interpretive facilities, provided that they are limited to those designed for the purpose of 2 conserving or interpreting the natural or cultural history of the property or for the education of 3 visitors about its natural or cultural resources Any such facility shall be small in scale, shall leave the 4 majority of the site undisturbed, and shall have no more than a minimal impact of the character or 5 value of the conservation area; 6 (2) Primitive campgrounds; 7 (3) Temporary outdoor events, 8 23.04.630 Mineral Resource Overlay (MRO) 9 10 (a) Purpose: The purpose of the Mineral Resource Overlay (MRO) zoning district is to maintain and 11 enhance natural resource-based industries by conserving mineral resource lands, allowing continued 12 operation of existing legally established uses, and by assuring that use of adjacent lands does not 13 interfere with the extraction and quarrying of minerals The MRO recognizes those areas that are 14 designated to protect long-term, commercially viable mineral natural resource lands and recognizes 15 that mineral resources must be in close and economic proximity to the market to be served 16 17 (b) Applicability The MRO zoning district applies to those areas that are designated as Mineral Lands of 18 Long Term Commercial Significance in the Grant County Comprehensive Plan or subsequent to a 19 petition approved by legislative action as specified herein The Department shall maintain a listing of 20 those lands to which a MRO zoning district applies. Said listing shall provide precise boundaries of 21 said MRO zoning districts. 22 23 (c) Designation Procedure: Additional MRO zoning districts may be applied based on the criteria 24 specified in subsection (e) of this section, only upon acceptance of a complete application for 25 designation as a MRO zoning district from an owner of the land or mineral right, and upon approval 26 by legislative action for a site-specific land use redesignation pursuant to GCC § 25 12 130 27 28 (d) Pre-existing, Nonconforming Mining Operations: The following shall apply to mining operations 29 lying outside of a MRO zoning district and in operation at the time of adoption of this chapter 30 (1) Mining operations covered by a valid DNR surface mining permit (i.e., those mining operations 31 operating within an urban growth area or rural activity center) may continue to operate on the 32 permitted mining site Expansion of the existing operations shall not extend beyond the geographical 33 and/or operational limits imposed by the existing permit or beyond the legal parcel on which the 34 permitted use is located, whichever is less 35 (2) Mining operations not covered by a valid DNR surface mining permit that are in operation at the 36 time of adoption of this chapter may continue to operate for a period not to exceed two (2) years, 37 provided, that the mining operation does not expand in service, geographical limits, or operational 38 limits in existence at the time of adoption of this chapter. 39 (3) An application for designation as a MRO zoning district may be submitted at any time in accordance 40 with subsection (c) above. 41 42 (e) Designation Criteria, Mineral lands of long term commercial significance are those lands from which 43 the commercial extraction of minerals (sand, gravel, rock, and other valuable aggregate or metallic 44 substances) can be anticipated within 20 years and which are characterized by all of the following 45 criteria: 46 (1) Have a known or potential extractable resource in commercial quantities verified by submittal of a 47 geologic and economic report prepared by a qualified pi ofessionai, 48 (2) Are not located within the designated boundary of air urban growth area or rural activity center; 49 (3) Are not located within the designated boundary of associated buffer of a wetland or fish and wildlife 50 habitat conservation area pursuant to GCC § 24.08, and Chapter 23 04 45 UDC Committee Recommendation w/Modified Tables 3,4 & 5 - Pi uposat 'C" 4101/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (4) Are not located on publicly -owned property within the designated boundary of an Open Space Conservation (OSC) zoning district pursuant to GCC § 23.04 610 (f) The Administrative Official is hereby authorized to establish specific standards for designation of mineral lands to ensure a fifty (50) year supply of aggregates, sands, gravels, rock or metallic substances based on appropriate criteria, including (1) Quality of the resource, (2) Volume of resource, (3) Topographic chai actenstres of the site; (4) Location of the resource; (5) Paicel size; (6) lUfarl,etallb-bly and value of the resource (7) Compatibility with land use patterns in the area; (8) Proxmnty to urban and rui at development and markets, and (9) Sumlarreasonable criteria When so established, said standards shall be submitted for consideration as a comprehensive plan amendment pursuant to GCC § 25.12.030. (g) Contents of Petition for Designation: A petition for designation as a mineral land of long term significance and a MRO zoning designation shall include the following. (1) Those documents required under GCC § 25 12 030(g)(3); (2) A completed application on forms provided by the Department and signed by both the land owner and the owner of any interest in mineral rights for the property, (3) Evidence of application for a surface mining permit from the Washington State Department of Natural Resources, (4) A report and associated maps prepared by a qualified professional providing evidence of the estimated quantities of all materials to be extracted, marketability and value of the mineral deposits; (5) A vicinity map v,9th a north arrow indicating the area on which the extraction operation is proposed including a legal description, showing access roads to the proposed site from the nearest community and any roads p oposed on the site, and showing adjacent properties and land uses within five (5) nudes of the area proposed for mineral extraction and related activities, (6) An existing topographic map drawn to scale with an appropriate scale bar showing the permit area and buffers, elevations and contours, natural slopes and other drainage patterns, boundaries of municipalities, boundaries of pioperty ownership, names and addresses of adjacent property owners, locations of nearby manes, locations of all railroads, bridges, utility lines or other rights of way, locations and names of any sheanis and natural or artificial drainage ways on or adjacent to the site, locations of parks and other significant features, (7) Identification and description of those critical areas designated and regulated by GCC § 24.08, together with any critical areas assessments that may be required by GCC § 24 08, and (8) Identification of any possible Cultural Resource Sites that may be located on the proposed site pursuant to GCC § 24 08 Article VIII. (h) Review Procedures Petitions for designation shall be reviewed as a legislative action pursuant to GCC Chapter 25 12 Criteria for approval shall be as specified in GCC § 25 12 030(h). (i) Removal of Designation Status: A property owner may seek removal of a designation of Mineral Resource Lands and the associated Mineral Resource Overlay zoning district through a legislative action to amend the comprehensive plan, pursuant to GCC Chapter 25.12 and by demonstrating one or more of the following Chapter 23 04 46 UDC CommWee Rem nonendation 11✓4d.P S_ P.......,n. r' dR]1/07 1 (1) The mineral resource is depleted to a point that it is no longer economically feasible to continue 2 mining on the site, 3 (2) New or updated geological data no longer indicates the potential for mineral resources of regional or 4 long-term commercial significance on the site; 5 (3) Market conditions have changed to such a degree that mining on the site is no longer economically 6 feasible, or 7 (4) The Mineral Resource Lands and MRO zoning district were designated based on a technical 8 mapping error 9 10 (j) Permitted Uses: All allowed outright, discretionary uses and conditional uses listed in Table 5 are 11 permitted uses in the underlying zone are allowed in the MRO zoning district. Mineral extraction and 12 processing activities are allowed, subject to a conditional use permit, and must comply with the RCW 13 78 44, Suiface Mining Act, RCW 90.48, the Water Pollution Control Act, and all other applicable 14 laws and regulations The following uses are permitted, subject to a conditional use permit and the 15 requirements of this suction and the restrictions contained in the underlying zoning district. 16 (1) Surface of underground mining or quarrying of mineral deposits or building materials from rack, 17 stone, gravel, sand, and earth together with associated structures and equipment, 18 (2) Activities associated with mining or quarrying operations, including blasting and use of equipment in 19 connection with an extraction operation, maintenance of mineral extraction equipment, maintenance 20 of roads, traffic control, sorting, crushing, cleaning and loading; 21 (3) On-site processing including asphalt or concrete hatching and asphalt or concrete recycling, and 22 (4) Temporary dwellings for a caretaker or superintendent and their family. 23 24 (k) Accessory Uses and Structures: The following accessory uses and structures are allowed in this 25 zoning district only when expressly permitted in a conditional use permit: 26 (1) Washing, sorting or crushing of rock or gravel; 27 (2) Asphalt production (batching or drum mixing); 28 (3) Concrete batching, 29 (4) Recycling of asphalt or concrete in accordance with any Health Department requirements; 30 (5) Storage or use of fuel, oil or other hazardous materials; 31 (6) Equipment maintenance, and 32 (7) Linuted manufacturing of concrete products from sand and gravel excavated onsite may be allowed 33 by the Department as an accessory use to a permitted concrete batch plant, provided that retail sales 34 of such products are prohibited. 35 36 (1) Temporary Uses: The following temporary uses are permitted only in conjunction with an existing 37 mineral extraction operation. 38 (1) Temporary asphalt and concrete production may be pennitted only to fulfill a contract for a specific 39 public project in the vicinity of the batching operation and for a period not to exceed twelve (12) 40 months or the length of the public contract, whichever is shorter There shall be at least six (6) 41 months between the end of one temporary use period and the beginning of another on the same site. 42 43 (m) Mineral Resource Land Protection Provisions: Mineral resource land protection provisions are 44 specified in GCC § 23 04 080. 45 46 23.04.640 Aerospace Overlay (AO) 47 48 (a) Purpose: The purpose of the Aerospace Overlay (AO) zoning district is to protect the an and land 49 space around the area proposed for use as an aerospace launch and reti Leval facility firom obstructions 50 or hazards and incompatible land uses in the proximity of the Grant County International Airport. Chapter 23 04 47 UDC Canmaltee Recommendation w/Modrfied Tables 3,4 d 5 - Pooposal ' C" 4/01/07 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (b) Applicability- The AO zoning district applies to all zoning districts regulated under this Chapter and lying within the AO zoning district as shown on the official zoning maps (c) Permitted Uses Uses allowed outright, discretionary uses and conditional uses shall be as listed in Table 4 for the underlying zoning district In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit. (1) Aerospace Launch and Retneval Facility (d) Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the iequnements specified in GCC § 23 08 020 Permitted accessory dwelling units in this zoning district are specified in Table 3 All accessory uses and structures are permitted in this zoning district, except as imuied o1 prohibited by GCC § 23.0c 020 and Table 4 1`01 ilio undeiiynig zoning distitct (e) Prohibited Uses Prohibited uses are listed in Table 4 for the underlying zoning district. (f) Development Standards. Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, shall be as specified in GCC § 23 12 Table 2 for the underlying zoning district, except that the maximum iesidential density shall be one (1) dwelling unit per forty (40) acres (g) Performance Standards. Performance and use -specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08. 23.04.645 Airport Safety Overlay (ASO) (a) Purpose. The purpose of the Airport Safety Overlay (ASO) zoning district is to recognize and protect the airspace around state and federal system airports from airspace obstructions and hazards and incompatible land uses and to protect public health, safer) and general welfare within the ASO zone (b) Applicability: This Section is applicable to new buildings and structures and outdoor activities involving human use or assembly, which lie wholly or in part within the ASO zone of public airports with Airport Imaginary Surfaces defined in accordance with Federal Aviation Regulations (FAR), Part 77, "Objects Affecting Navigable Airspace," as shown on the Part 77 Airspace Plan, Approach Zone, and/or Runway Protection Zone plans foi an airport as contained in an airport master plan Such airports in Grant County include, but may not be limited to - (1) Grant County International Airport, (2) Epluata Municipal Airport; (3) Grand Coulee Dam Airport, (4) Quincy Municipal Airport, (5) Desert Aire Airport; (6) Warden Municipal Airport, and (7) Moses Lake Municipal Airport. (c) Exemptions: The provisions of this Section shall not be applicable to the following when allowed in the underlymg zoning district (1) Existing Uses Uses existing on the effective date of adoption of this Chapter shall not be required to change operations to comply with these regulations However, any use shall not be so changed as to result in a gi eatei degree of nonconformity with respect to these regulations, (2) Temporary Outdoor Events and Festivals Temporary outdoor events and temporary outdoor festivals as defined in this UDC, as long as the penod of operation does not exceed five (5) days, Chaplei 23 04 48 1/DC Cmrou,nce kecon+ore,,dnnon 1 (3) Temporary Structures, Temporary buildings and structures auxihary to residential development and 2 major construction and temporary uses in new subdivisions and other residential developments 3 which support the sale of dwellings and lots within the same subdivision or residential development, 4 so long as such uses and associated structures are constructed or erected as incidental to a 5 development, do not involve any significant investment, are solely used for the designated purpose 6 and remain for a maximum of one (1) year, 7 (4) Agricultural Structures Bona fide agricultural buildings, structures, improvements and associated 8 developments so long as not more than one (1) single -family dwelling occurs within that portion of 9 the parcel located within the ASO; and 10 (5) Other Uses- As determined by the Administrative Official to be minor or incidental and within the 11 intent or objective of these regulations. 12 13 (d) Airport Safety Overlay Zone Designation: The Airport Safety Overlay (ASO) contains those areas 14 defined as Airport Imaginary Suifaces by Federal Aviation Regulations (FAR), Part 77, and the 15 Runway Protection Zone(s) for an airport as delineated on the various airport plans contained in an 16 auport master plan. The boundaries of the airport safety overlay zones are depicted on the various 17 airport plans contained in an airport master plan. Such maps may be amended from time to time by 18 the agency or district having jurisdictional authority for an airport, and shall be kept on record and 19 available for public inspection by the Department. 20 21 (e) General Regulations: The following general requirements shall apply to the ASO zoning district. 22 (1) If there is any conflict between the ASO regulations defined in this section and those of the 23 underlying zoning district, the regulations of the ASO shall prevail, and 24 (2) If there is any conflict between the ASO regulations defined in this section and those of any airport 25 safety-related ordinance adopted by an agency or district havmg_junsdichonal authority for an airport 26 regulated under this section, the ordinance of the lunsdictional authority shall prevail. 27 28 (f) Permitted Uses- Uses allowed outright, discretionary uses and conditional uses shall be as listed in 29 Tables 3, 4 and 5 for the underlying zoning district, subject to the limitations specified herein and in 30 GCC Chapter 23 08. Additional or new commercial aircraft operations at an airport constitute an 31 expansion of use subject to conditional use permit requirements of this UDC. 32 33 (g) Limitations on Accessory Uses and Structures: Accessory uses and structures are the same as for the 34 underlying zoning district as listed in Tables 3, 4 and 5. 35 36 (h) Prohibited Uses- Prohibited uses are the same as for the underlying zoning district as listed in Tables 37 3, 4 and 5 No permit shall be granted that would 38 (1) Allow the establislunent or creation of an airport hazard; 39 (2) Authorize any use or activity that would result in the siting of an incompatible use adjacent to an 40 airport (RCW 36 70), or 41 (3) Permit a nonconforming structure or use to made larger or to become higher or become a greater 42 hazard to air navigation than it was when this UDC was adopted. 43 44 (i) Review Procedures Review procedures for land use activities within an ASO zoning district shall be 45 as follows: 46 (1) Development permits for all pennrtted uses shall be subject to the height restrictions of GCC § 47 23 08.030 and GCC § 23 12 070, Table 3, whichever is more restrictive 48 (2) Allowed Outright Uses: No separate application or information is required, provided the 49 Administrative Official can conclusively determine that the proposed structure or use: 50 (A) Does not constitute a potentially incompatible land use as defined in GCC § 25 02.030, and ChapEer 23 04 49 UDC Comnuttee Rccommendahon w/Modtfied Tables 3,4 & 5 - Proposal "C' 4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (B) Will not exceed thirty-five (35) feet -in height; or, if greater than 35 feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77, and (C) Is not within a designated Runway Protection Zone designated in an airport master plan or a FAA -approved al -pori layout plan, and (D) Is not within an identified future 65 Ldn (Interior Day -Night Average Sound Level) aircraft noise impacted area designated in an airport master plan or a FAA -approved airport layout plan Such structures and uses shall in any case be subject to the requirements of GCC § 23 08 030 and to the recoi ding of an avigation easement. as specified in subsection (n) of this section. (3) Allowed Outright Uses for which there exists a potentially incompatible land use or where the Adniimstrative Official cannot make a conclusive determination as required in subsection (2) shall be subject to d.....nona-1, procedu.,,. and .must include , _ arate applicat:o., spe.afied in subsection 0) below (4) Discretionary and Conditional Uses: A separate application shall be required as specified in subsection 0) below, and shall be subject to a determination that the use can be appropriately conditioned to nutigate noise impacts and other airport safety concerns (5) Where an airspace hazard has been determined to exist by the Administrative Official, the FAA deterirnnation on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using visual flight rules, airport operations, and development patterns (j) Application Requirements- An application proposing a use for which an application is required under this chapter shall submit the following technical substantiation, maps, plans, drawings and such other information. (1) A completed application on forms provided by the Department and signed by the applicant, (2) Property boundary Ines as they relate to the boundaries of the ail -port safety overlay, (3) Location of all existing and proposed buildings, structures, utility lines, street and site lighting, and ti ees taller than thirty-five (3 5) feet in height, (4) Height of all proposed structures, (5) Outdoor lighting design details, (6) Identification of the uses to occur within each structure or activity area; (7) A narrative description describing the location of the site, its total acreage, existing character and use, and the concept of the proposed development or use including (as appropriate) proposed residential density, number of employees and/or estimated number of people who will be engaged in hansactions at the site over a twenty-four (24) hour period such as, but not Inured to, retail store customers, (8) Noise attenuation measures to be applied in the development shall be identified, together with the analysis of the noise insulation effectiveness of the proposed construction, showing that the prescribed interior noise level requirements are met Said analysis shall be prepared by or under the supervision of a person experienced in the field of acoustical engineering who shall be identified If interior allowable noise levels are met by requiring that windows be fixed or closed, the design for the structuies must also specify the means that will be employed to provide ventilation and cooling, if necessary, to provide a habitable interior environment, (9) A statement of compatibility from the airport manager when the use is to be located within the ASO relative to the impact of the use on airport operations and safety, (10)A statement from the Washington State Department of Transportation Aviation Division relative to the impact of the use on airport operations and safety, and (I I )A statement fiom the FAA i elative to the impact of the use on airport operations and safety. Chapter 23 04 50 UDC Co nmi<ttec Recarune,,aa on w/AAn.hOrd Tnhlr. 24.f C_ Pte,..._. r 4/01/07 1 (12) In consideration of an application for a building, structure, or other use which will exceed thirty-five 2 (35) feet in height, the Administrative Official may require the applicant to submit either of the 3 following 4 (A) A certificate from a Professional Engineer or licensed land surveyor, which clearly states that 5 no airspace obstruction will result from the proposed use, or 6 (B) Either or both of the following 7 (1) The maxinnmm elevations of proposed structures based on the established airport elevation 8 and USGS datum Elevations shall be determined by a Professional Engmeei of licensed 9 land surveyor, accurate to plus or minus one (1) foot shown as mean sea level elevation or 10 other available survey data The accuracy of all elevations shall be certified by the 11 Professional Engineer or licensed land surveyor. 12 (u) A map of topographic contours with not more than five (5) foot intervals, showing all land 13 within one hundred (100) feet of the pioposed structure(s) for which the permit is being 14 sought This map shall also bear the certification of a Professional Engineer or licensed 15 land surveyor. 16 17 (k) Application Review Criteria: The application described in subsection 0), above, shall be reviewed 18 and evaluated by the Administrative Official for conformance with the following criteria. 19 (1) Land Use and Performance Standards All elements of the proposed development are consistent with 20 the land use requirements of this Section and performance standards specified in GCC § 23 08 030; 21 (2) Height Buildings and structures are located such that their height does not impact any Airport 22 Imaginary Surfaces; 23 (3) Siting. Buildings and structures are located when reasonable and feasible at the greatest distance 24 from the noise source, taking maximum advantage of existing topographical features to minimize 25 noise impact; and 26 (4) Design Consideration Regarding Noise The amount of passive outdoor recreational space where 27 individuals would be subject to high levels of noise is minimized; construction materials utilized are 28 such that sound attenuation yields an interior average sound level as described in GCC § 23 08.030. 29 The Applicant bears the responsibility of demonstrating compliance through documentation from a 30 qualified professional The Decision Maker may impose reasonable conditions necessary to achieve 31 conformance with the application review criteria listed herein. 32 33 (1) Development Standards: Development standards, including allowable density, minimum lot area, 34 minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC 35 § 23 12 Table 3 36 37 (m) Performance Standards: Performance and use -specific standards for airports and allowable and 38 accessory uses in this zoning district are specified in GCC § 23 08 39 40 (n) Avigation Easement Required No permit of any type shall be issued for any development or activity 41 subject to this Section unless and until an avigation easement permitting the right of flight in the 42 airspace above the subject property is provided to the jurisdictional airport authority Such easement 43 shall be recorded on the title of the subject property. 44 45 (o) Use Restrictions. Notwithstanding any other provisions of this Section, no use may be made of land or 46 water within any zoning district in such a manner as to create electrical interference with navigational 47 signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish 48 between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in 49 the vicinity of the airport, create bird strike hazards, of otherwise in any way endanger or mteifere with the 50 landing, takeoff, or maneuvering of aircraft intending to use the airport Chapter 23 04 51 UDC Conmunce Recommendation w/Mod fled Tables 3,4 & 5 —Proposal "C"4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (p) The regulations prescribed by this Section shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure which legally existed prior to the effective date of this UDC, except as may be compelled by state or federal regulation I3owever, such structures shall be considered nonconforming if such structure is in conflict with the regulations of this Section 23.04.650 Master Planned Resorts (MPR) (a) Purpose A Master Planned Resort (MPR) is a self-contained and fully integrated development in a setting of significant natural amenities thai are necessary and%orIsfipuorEvd'-of the firopoedresao�rt facilities, with primary focus on destination resort facilities, and which is planned for as a whole and developed in a pro5:a..... ed ser..,., of stages (Sec also Sections 23 12.220 at id 25 12 070 or,his r rr)r (b) Permitted Uses (1) Initial Deternnnation• Allowable uses and their locations within a Master Planned Resort are determined during the development of the Master Plan Allowable uses shall be consistent with the 'goals and polieies,of the Comprehensive Plan. Master Planned Resorts may include but are not Silverwood etc The Administrative Official shall recommend such uses and any conditions for uses to be considered allowable The Board of County Commissioners then detemmnes these uses as part of the approval of the Master Plan (2) Changes in Uses Subsequent changes in uses or in the location of allowable uses at Master Planned Resorts are handled through Plan Amendments (PA) to the Master Plan (A) Recognizing that a Master Planned Resort may require small changes to facilities and services in response to changing customer demand or markets, some degree of flexibility for the resort is desirable Such flexibility eliminates the need for every change to be processed as a Master Plan Amendment. Accordingly, GCC Chapter 23.04 Table 4 identifies those uses which may be allowed by the Administrative Official without a Master Plan Amendment after establishment of the Master Planed Resort (B) The list of land uses in GCC Chapter 23 04 Table 4 that may be allowed after establislnnent of a Master Planned Resort is only to be used for changes to the uses in an approved Master Plan It is not intended to, in any way, indicate which land uses or activities are appropriate to or may be approved for any particular Master Planned Resort. (c) Residential Densities and Uses: (1) Residential Density A nux of urban and suburban development densities may be established within an MPR but must be integrated into and support the on-site recreational nature of the resort This shall be determined at the time of Master Plan approval (2) Residential Density in the Vicinity of the Resort New urban and suburban land uses and densities aie prohibited outside the boundaries of the MPR (d) Self -Contained Development All necessary supportive and accessory on-site urban -level commercial and other services shall be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. (e) Master Plan Amendments The procedures and process for adopting or amending a Master Plan are as provided in GCC § 25.12 070 and in the specific Master Plan Chapter 23 04 52 UDC Committee Remunnen.lanon „,inmd,r,Pdr„nr�� vc,e s—P,.,»�„.. r 4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (f) Planned Unit Development Applications: Any new development and any new phase of development in a MPR zoning district, except as provided in GCC § 25 12.070(d)(5), requires the approval of a Planned Unit Development as provided in GCC § 25.12.070(d). A phase that is consistent with the approved Maser Plan will not require a Master Plan Amendment (g) Development Standards. Development standards regarding MPRs are specified in GCC § 23.12 220 23.04.660 Master Planned Industrial Development (MPI) (a) Definition: A "Master Planned Industrial Development" (MPI) is defined as a master planned location suitable for manufacturing or industrial businesses that: (1) Requires a parcel of land so large that no suitable parcels are available within an urban growth area, or (2) Is a natural resource-based industry requiring a location near agrisidk tial-resdurce land upon which it is dependent; or (3) Requires a location with characteristics such as proximity to transportation facilities or related industries such that there is no suitable location in an urban growth area. (b) Purpose. The purpose and function of the MPI zoning district is to provide for major industrial development outside of urban growth areas under controls to protect the nearby uses of laird, to adequately manage and mitigate traffic impacts related to the development, to encourage comprehensive planning of the entire site, and to ensure that urban growth will not occur in adjacent nonurban areas The MPI may not be for the purpose of retail commercial development or multi - tenant office parks (c) Permitted Uses- In addition to those listed in Table 4, the following uses are allowed outright in this zoning district. (1) Agricultural uses, on an interim basis until industrial development; provided that residences shall not be allowed as a principal use; (2r`' ommercial uses'; including re"stauriints, cafes, botels;'niotels, bars aave,'riis <and service stations that pinmanly serve uses within the MPI zonmi4 district; (3) Parcel delivery service; (4) Truck and heavy equipment service and repair; tii 710 ,. (e�—In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a discretionary use review: (1) Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from natural or synthetic materials, (2) Repair and storage facilities for equipment, including heavy equipment, imine equipment, boats, airplanes and tucks; (3) Research, development and testing facilities; (4) Warehousing, distribution and storage facilities not open to retail customers; (5) Wholesale businesses; Chapter 23 04 53 UDC Committee Reconanendanot w/Modified Tables 3,4 & 5 — P, opownl "C"4/0!/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (6) Incidental retail sales of products manufactured, processed, or assembled on-site; (7) Storage of unlicensed and/or inoperable vehicles, and (8) Welding shop 4d4(f) Self -Contained Development All necessary supportive and accessory on-site urban -level commercial and other services shall be contained within the boundaries of the MPI, and such services shall be oriented to serve the MPI New urban and suburban land uses are prohibited outside the boundaries of the MPI koh,,; Planned Unit Development Applications: Any new development and any new phase of development in a MPI zoning district requires the appioval of a Planned Unit Development as provided in GCC § 2304 800. (#)(h) Site Plan Review- Proposals for industrial development in a MPI zoning district shall undergo Site Plan Review as specified in GCC § 23 04 140 prior to the issuance of building and development permits. �i _Performance Standards: All development in a MPI zoning district shall meet the requirements of GCC § 23 08.230, Industrial Uses — Standards for Site Development (-r)(1) Development Standards- Development standards regarding MPIs are specified in GCC § 23 12.240 23.04.700 23.04.800 Reserved Article VII. Subarea Plans Article VIII. Planned Unit Developments Planned Unit Developments (a) Purpose. It is the purpose of this section to encourage innovation and creativity in the development of new residential areas in Grant County In order to make optimum use of these residential areas, to create desirable neighborhoods for family and community life, to take into account special conditions of topography and soil stability, to make maximum use of new concepts and technology of land development and building construction, and to carry out the objective and spirit of the Conipi ehensive Plan, it is the purpose of this section to encourage new residential development not hunted by the strict application of the county zoning and subdivision regulations More specifically to achieve the afro ementioned purposes, it is the purpose of this Chapter to (1) Encourage development of a variety of housing types. (2) Create and/or preserve useable open space and recreation and aesthetic enjoyment of residents (3) Preserve to the maximum extent possible the natural characteristics of the land, mcludrug topography, native vegetation and views (4) Encoui age creativity in design (5) Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements (6) Provide a guide foi developers and county officials who review and approve residential developments meeting the standards and purposes of this article A Planned Unit Development does not constitute a separate zoning district Application of a Plarured Unit Development does not require a change in zoning Uses pertrutted in a Planned Unit Development are ChapLci 2304 54 UDC Commaree Recommendnnon I specified herem; those underlying zoning districts in which a Planned Unit Development is allowed are 2 specified herein. 3 4 (b) Where Permitted- Planned Unit Developments shall be permitted in the following zoning districts - 5 (1) Urban Residential 1 (URI), 6 (2) Urban Residential 2 (UR2); 7 (3) Rural Residential 1 (RR]), 8 (4) Rural Residential 2 (RR2); 9 (5) Rural Residential 3 (RR3), 10 (6) Rural Village Residential (RVR); 11 (7) Rural Community (RC), 12 (8) Recieational Development (RD); 13 (9) Shoreline Development 1(SDI); 14 (10) Shoreline Development 2(SD2); 15 (11) Shoiehne Development 3 (SD3); 16 (12) Shoreline Development 4 (SD4); 17 (13) Rural Recreational Commercial (RRC); 18 (14) Mastei Planned Resort (MPR), 19 (15) Master Planned Industrial (MPI). 20 21 (c) Uses Permitted- The following uses are permuted in a PUD, provided that they meet the standards 22 and criteria established in this UDC. 23 (1) Those uses permitted in the underlying zone; 24 (2) Any residential use, including detached or multiple dwellings, provided that all such residences are 25 intended for permanent occupancy by their owners or tenants, 26 (3) Mobile/manufactured home parks meeting the requirements of GCC § 23.08.250 and § 23.12 230; 27 (4) Outdoor recreational facilities of a non-commercial nature, including, but not limited to tennis 28 courts, swimming pools, playgrounds, golf courses, and similar facilities; and 29 (5) As accessory uses those uses permitted in the Rural Neighborhood Commercial (RNC) zoning 30 district, provided that such uses are specifically oriented to the needs of the residents. 31 32 (d) Relationship of this Section to Other Provisions of this Uniform Development Code: 33 (1) Zoning Requirements: The provisions of this chapter pertaining to land use of the underlying zoning 34 district shall govern the use of land in a PUD, except as otherwise stated in this section. 35 (2) Land Division Requirements: A PUD, when approved in accordance with this chapter, may be 36 penmtted without the customary division into individual lots. A PUD shall be exempt from the 37 specific design requirements of GCC Chapter 22.04, except that when any parcel of land in a PUD is 38 intended fol individual ownership, sale or public dedication, the platting and procedural requirements 39 of GCC Chapter 22.04 and applicable state laws pertaining to the subdivision and conveyancing of 40 land and the preparation of maps shall be followed. 41 (3) Performance Standards. Performance and use -specific standards for allowable and accessory uses as 42 specified in GCC § 23 08 for the underlying zoning district shall apply to PUDs 43 (4) Development Standards Development standards of this chapter shall, as applied to an approved 44 PUD, supersede those of the underlying zoning district. 45 46 (e) Pre -Application Review Conference Prior to submitting a PUD appucation, the applicant shall be 47 subject to a pre -application review conference as specified in GCC § 25.04 130, unless waived by the 48 Administrative Official with the concurrence of the applicant. 49 50 (f) Application Requirements: Any land owner or group of land owners acting jointly may submit an Chapter 23.04 55 UDC Commalee Reconmtendanat w/hlodfed Tables 3,4&5-Roposal "C' 4/01/07 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 application for PUD development. An applicant shall submit ten (10) copies of all application materials, which at a minimum shall include the following The Administrative Official may waive specific submittal requirements determined to be unnecessary for review of the application. (1) Those documents and accompanying data specified in GCC § 25 04 140, Including. (A) Completed application form signed by the owner(s) of the property, (B) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant of that the applicant has submitted the application with the consent of all owners of the affected property; (C) Identification of a single contact person or entity to receive determinations and notices required by this chapter; (D) A property and/or legal description of the site; (E) A list of i1nC names and addr CSSCS of ami ncr30nS vwTiing Peal property i6Cateu within u`ir CC hundred (300) feet from and parallel to the boundaries of the proposed activities and such contiguous area under the legal control of the applicant, (F) Evidence of adequate water supply as required by RCW § 19.27 097; and/or regulations established by the Grant County Health District, (G) Evidence of sewer availability, or evidence of on-site sewage disposal approval by the Grant County Health District, or jurisdictional agency including but not limited to the Washington State Department of Health or Washington State Department of Ecology, (H) Any SEPA documents, as applicable, and (I) The applicable feels); (2) A vicinity map showing the location of the site and its relationship to surrounding areas; (3)__ A `site plan in a form prescribed by the Admnusteative Official. The site plan shall be c)rawn to a scaYe of not less than one inch to 100 feet (unless approved by the AO), nd smaller than 8'/z" x 11",Mand shall me] ude at a_mu_umurn (A) Date, (B) Graphic and numeric scale; (C) A vicinity map, (D) North arrow, (E) Total acreage; (F) Name and dimensions of streets bounding or touching the site. (G) Proposed and existing structures, including building envelopes and building setback Imes, and including identification of types and number of dwelling units m each; (H) Distances between all proposed and existing buildings, (1) Distances between all proposed/existing buildings and property lines, O All proposed or existing uses, (K) The location of proposed or existing open space including any required landscaped areas, (L) The location and identification of critical areas; (N1) The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and roadway widths, and additional right-of-way if required on substandaid roads; (N) Proposed toad names; (0) Designated floodways and floodplains; (P) The number and location of proposed or existing parking spaces on and off the site; (Q) The location and size of utility trunk lines serving the site, (R) The location and size of water bodies and drainage features, both natural and man made, (S) A layout of sewers and septic systems, (T) Existing and proposed easements and existing access, and (U) Proposed routing of domestic water lines, storm drains, sanitary sewers and other utilities Chapter 23 04 56 UDC Com) nr(lee Rcrononendaaon 1 (4) Such other major features as existing streams, canals, railroads, nghts-of-way or easements, and 2 shorelines which may effect or be affected by the proposed Planned Unit Development. 3 (5) An environmental (SEPA) assessment in accordance with the requirements of GCC § 24 04 4 (6) A grading plan showing proposed clearing and existing and proposed topography at contour intervals 5 not less than five (5) feet in areas having slopes exceeding 5% and not less than two (2) feet in areas 6 having slopes less than 5%; 7 (7) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in 8 phases; 9 (8) Copy of any restrictive covenants, deeds and Homeowner's Association Bylaws and other 10 documents guaranteeing maintenance and construction and common fee ownership, if applicable, of 11 public open space, community facilities, private roads, if any, drives and all other eonnnonly owned 12 and operated property; 13 (9) Documentation of the date and method of segregation for the subject property verifying that the lot or 14 lots were not created in violation of the short subdivision or subdivision laws in effect at the time of 15 creation; 16 (10) If the PUD requires land division or a binding site plan the preliminary and final subdivision 17 requirements of GCC § 22.04 Article III and Article V, or binding site plan requirements of GCC § 18 22 04 Article VII, must be met; 19 (11) A list of any other permit applications having been filed for the same site; 20 (12) If dwelling touts are proposed a statement of the number of units and average density; 21 (13) Proposed ownership pattern upon completion of the development. 22 (14) A demonstration that the PUD will contain sufficient infrastructure and capacity to meet the 23 additional demands of the PUD and the requirements of the GCC for water, sewage treatment, and 24 stormwater management; and 25 (15) A calculation of estimated new demands on capital facilities and services, proposed capital 26 improvements or non -capital alternative strategies to address demands The PUD shall undergo a 27 review for concurrency as provide in GCC § 25.20; 28 (16) Statement describing the relationship of the proposed PUD to the County's Comprehensive Plan 29 30 (g) Application Review Review of PUD applications shall be as follows: 31 (1) Classification of Application- Applications shall be classified as specified in GCC § 25.04.080 and 32 defined in GCC § 25.04 070. 33 (2) Review Procedures When the Administrative Official determines that an application is technically 34 complete, as defined in GCC § 25.04.160, the application shall be processed under procedures 35 specified in GCC § 25.04 Article VII. 36 (3) Referral and Review of Application; Pursuant to GCC § 25.04.210, the Administrative Official shall 37 transmit a copy of the application. or appropriate parts of the application, to affected agencies and 38 county departments for review and comment. 39 (4) Notice of Application and Hearings. Notice of application and hearings shall be made pursuant to 40 GCC § 25 04 Article VI and VIII, respectively 41 42 (h) Approval Criteria. The burden of proof shall be on the applicant to provide evidence in support of the 43 application The criteria for approval or denial shall include the following elements: 44 (1) Meets the applicable requirements of this Chapter, 45 (2) Complies with the Comprehensive Plan, the Shoreline Master Program, the zoning code and other 46 land use regulations, and SEPA, 47 (3) Complies with health requu ements for sewage disposal and potable water supply, 48 (4) Contains an accurate legal description of the lots being created, and the roads and easements therein; 49 (5) Complies with Grant County and State Department of Transportation regulations pertaining to roads, 50 utilities, drainage, access for emergency vehicles, and other infrastructure unprovements; Chapter 23 04 57 UDC Committee Recommiendaoon w/Mod fed Tables 3 4 &5 - Po opaanl "C"4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (6) Complies with relevant city regulations pertaining to roads, utilities, fire protection, drainage, access for emergency vehicles, and other infrastructure improvements for subdivisions within an urban growth area, (7) Complies with requirements of the U.S. Department of the Interior, Department of Reclamation and/or a recognized Irrigation District when the proposed PUD is within the boundaries of an Irrigation District; (8) Functions as a single site with respect to, but not linuted to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking, (9) The proposed PUD is consistent in design, character and appearance with the goals and policies for the zoning district in which the proposed PUD is located, (10) The characteristics of the PUD will not be unreasonably incompatible with the types of uses permitted in surrounding areas; (11) The proposed PUD will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units, (12) The proposed PUD will not materially endanger the health, safety and welfare of the connnunity; (13) The proposed PUD is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the local area, (14) The application includes evidence of availability of adequate public services and facilities, including access, fire protection, water, storm water control, and sewage disposal facilities; (15) The location, size and height of buildings, structures, walls and fences and screening vegetation for the pioposed PUD shall not hinder or discourage the appropriate development om use of neighboring properties, (16) The proposed PUD is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Chapter, (17) For pioposed PUDs adjacent to lands zoned as Agriculture (AG) or Mmeial Resource Overlay (MRO), the impacts on the long-term natural resource management and production will be immmized; (18) If the proposed PUD requires land division or a binding site plan, it meets the requirements of GCC § 2204, (19) The proposed PUD identifies and protects critical areas, archaeological and historic resources, and visual and aesthetic resources, and environmental considerations are employed in the design, placement and screening of facilities and amenities; (20) The proposed PUD will not cause significant adverse impacts on the human or natural environments that can not be mitigated by conditions of approval, (21) The proposed land uses, activities, and structures comply with applicable development standards of GCC § 23 12 and performance standards specified in GCC § 23.08, and with any iequired mitigation measures and (22) The proposed PUD passes all concurrency tests as provided by GCC § 25.20 (i) Conditions of Approval The Decision Maker, as delineated in GCC § 25.04, shall approve a proposed PUD if the record contains clear and convincing evidence that the application complies with the approval criteria listed in GCC § 22 04 550(a) (or that the application can comply with these criteita through the imposition of special conditions of approval) and serves the public use and interest The Decision Maker may impose reasonable conditions necessary to achieve conformance with the application ieview criteria listed above and the following (1) Accessibdity, (2) Tmanspoitationneeds and services, (3) Public facility and service needs and availability; (4) Site design, (5) Conti of of on-site and off-site impacts during construction, Chapter 23 04 58 UDC Com mulice Reronunmdation w A4oddied7able, 34 d 5—ibolw,d C 4/01/07 1 (6) Facility operations; and 2 (7) Impacts on critical areas. 3 4 When a proposed PUD is being considered concurrently with another land development application, 5 the Administrative Official will incorporate all conditions and limitations imposed on the concurrent 6 application into the proposed PUD Subsequent site development permits fol the land will still be 7 subject to compliance with the zoning, building, and other applicable land use codes and regulations 8 existing at the time of vesting of the application, unless addressed as part of the PUD review and 9 expressly depicted on the PUD site plan. 10 11 (k) The PUD site plan shall contain applicable inscriptions or attachments setting forth limitations and 12 conditions to which the plan is subject, including any apphcable irrevocable dedications of property 13 and containing a provision requiring that any development of the site shall be in conformity with the 14 approved site plan 15 16 (1) Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, 17 access and other improvements shall be identified on the PUD site plan and enforced by covenants, 18 easements or other snnilar mechanisms. 19 20 (m) Duration of Approval: A PUD shall be effective for five (5) years from the date of approval by the 21 Decision Maker. If a building permit has not been issued or if construction activity or operation has 22 not commenced within the five (5) year period, the PUD shall expire and become void. Upon petition 23 by the landowner or authorized representative, the Administrative Official may grant an extension of 24 one (1) year upon a showing of good cause for the need for such extension If an extension of time is 25 granted, the site plan shall be subject to any new and amended regulations, requirements, policies, or 26 standards in effect at the time of extension Knowledge of expiration date and initiation of a petition 27 for extension shall be the responsibility of the applicant The County will not provide notification 28 prior to expiration. 29 30 (n) Administration and Enforcement: 31 (1) Building Permits- Building per ruts shall be issued for construction in PUD areas only in accordance 32 with the plan and program elements of the plan as finally approved 33 (2) Minor and Major Adjustments in PUD's After Final Approval Minor adjustments may be made and 34 approved by the Administrative Official in accordance with a Type If process as specified in GCC § 35 25 04 when a building permit is issued Minor adjustments are those changes which may affect the 36 precise dimensions of buildings and the siting of buildings, but which do not affect the basic 37 character or arrangement of buildings the density of the development or the open space requirement. 38 Major adjustments are those, which in the opinion of the Adn-unistratve Official, substantially 39 change the basic design, density, or open space requirements of the PUD When in the opinion of 40 the Administrative Official such change constitutes a major adjustment, no building permit shall be 41 issued without a review and approval of such major adjustments in accordance with a Type III 42 process as specified in GCC § 25 04. 43 (3) Parties Bound. Once PUD is approved, all persons and parties, their successors, heirs, or assigns, 44 who own, have, or will have by virtue of purchase, inheritance of assignment, any interest in the real 45 property wither the proposed PUD, shall be bound by the conditions attending the approval of the 46 PUD and the provisions of this Section 47 48 (o) Development Standards- The following development standards shall apply to PVDs: 49 (1) Relationship to Adjacent Areas The design of a PUD shall take into account the relationship of the So site to the surrounding area. The perimeter of the PUD shall be so designed as to minimize Chapfer 23 04 59 UDC Cwnom«ee Recommendation w/Mod Jed Tables 3,4& 5—Pi oposal "C 4101107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 undesirable impact of adjacent land use and development characteristics on the PUD, and conversely, to nuninuze undesirable impact of the PUD on adjacent properties (2) Minimum Site Development Area A Planned Unit Development shall consist of at least five (5) acres of land exclusive of street right-of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts. For residential use with subordinate commercial use, the minimum area shall be twenty (20) acres. (3) Lot Size Planned Unit Developments shall be exempt from the minimum lot size requirements of this UDC, except that the minimum lot size requirements of the underlying zones shall serve as the criterion to deterrmne dwelling unit densities of the whole PUD The nnmmum lot size shall conform to the requirements of the Health Department as provided for on-site sewage disposal systems The design, shape, size, and orientation of lots shall be adequate and appropriate to the use for which the lots are intended Creativity in lot layout and corif,puratron .s encouraged (4) Density The dwelling unit density for a PUD shall conform with the requirements for the underlying zoning district(s) Where a PUD overlays more than one zoning district, the number of allowable dwelling units shall be computed separately for each zone and summed 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 Residential 2 (with an allowable density of 1 dwelling unit per 2'/z 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) Maximum Coverage• Building coverage and development of the site shall not exceed the percentage permitted by the most restrictive underlying zone (6) Landscaping Required All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the Decision Maker Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock out-croppings, etc, may be accepted as part of the landscaping plan (7) Setbacks Setbacks from the exterior boundary line of the PUD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties. In no event shall such setback be less than twenty (20) feet (8) Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PUD Buildings may have common walls and, therefore, built to the property line as in townhouse or "zero lot line" construction Wherever buildings are separated, a minnnum distance of ten (10) feet shall be maintained between such buildings (9) Parking Off street parking shall be provided in the same ratios for types of buildings and uses as required by the underlying zone, but not less than two (2) parking spaces for each dwelling unit in single- and two-family dwelling units, and 11/2 parking spaces per dwelling unit in multi -family residential units (10) TiansidSchool Bus Stops- Applications for PUD approval shall be reviewed to determine whether transit of school bus stops are necessary to promote public access to safe and convenient travel (11) Sidewalks Pathways and Trails PUDs shall provide adequate pedestrian facilities, including sidewalks, pathways and trails, to ensure safe conditions for pedestrian mobility (12) Secondary use limitations Con-nnercial uses shall be subject to site plan review procedures and shall be provided foi in the application for the PUD within which the commercial use is proposed to be integrated Construction of at least thirty-five (35) percent of the residences in the PUD must be completed before any peimits will be issued for the construction of commercial uses, except this shall Chapter 23 04 60 UDC Co nnnnec Recommendation 7,Wd ea,e 5 _m,,,,,, ­t C- dmrtnv I not prohibit a sales office. Commercial uses within a PUD shall be of a size, scale and type to serve 2 primarily the residents of the PUD, and shall be internally located to fulfill this function 3 (13) Shoreline Areas' PUD's which include a shoreline of natural lakes, rivers and other waterways shall 4 provide access by one or more streets or roads not less than sixty (60) feet wide to the low water 5 mark in each one-half (%) mile interval as measured along such body of water, unless, as a mattei of 6 application, the PUD utilizes shoielands as common open space, in which case the provision to 7 provide access directly to the water shall be waived 8 9 (p) Open Space Standards - 10 (1) Common Open Space: Each Planned Unit Development shall provide not less than 30% of gross 11 land area for common open spaces which shall be held in common ownership by all of the owners in 12 the development area or dedicated for public use if acceptable to Grant County Common open space 13 may be designed to provide either active or passive iecreation 14 (2) Location- The area proposed for open space shall be within the PUD and within reasonable walling 15 distance of all dwelling units m the PUD, 16 (3) Access- All dwelling units within the PUD must have legal access to the proposed area for dedication 17 at the time of final PUD approval. Private or access roads, trees or other landscaping may separate 18 the area proposed for dedication. However, access should not be blocked by major obstacles such as 19 arterials or collectors, canyons or ravines Areas dedicated for active recreational open space shall 20 have reasonable access from street frontages. Design measures should accomplish the purposes of 21 access and security 22 (4) Types of Open Space. Land dedicated for open space should be usable for either (1) greenbelts that 23 serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as 24 boulevard trees; (2) active recreational activities, or (3) for protecting environmentally sensitive areas 25 such as wetlands Except as provided below, thirty (30) percent of the dedicated open space area shall 26 be suitable for active recreation. The percentage of active recreational areas may be increased to as 27 high as fifty (50) percent if it is determined that anticipated recreational needs will require a larger 28 percentage. hi increasing this percentage, the following standard should be used- the ratio of one (1) 29 acre to 125 residential units. The percentage of active recreational area may be decreased to as low as 30 zero (0) if it is determined that: (1) inclusion of buffers or environmentally sensitive lands such as 31 wetlands would better meet the open space needs of the residents of the PUD; or (2) meeting the 32 standard would require detrimental grading or other disturbance of the natural setting. 33 (5) Structures Common open space may contain complimentary structures, such as a gazebo or 34 maintenance equipment shed, and improvements as are necessary and appropriate for the benefit and 35 enjoyment of residents of the PUD, provided that the building coverage o C such building or stricture 36 combined with the building coverage of the residential structures shalll not exceed the maximum 37 permitted by the underlying zoning district 38 (6) Implementation The area proposed for open space shall be dedicated in common to the lot owners 39 within the PUD or to a homeowners' association. 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Proposed Text Amendment: Modify and move text as follows Mini Storage Facilitv: a single -story structure or structures containing separate, individual, and private storage spaces of varymg sizes leased or rented individually for varying periods of time for the storage of customers' goods or wares IT,f1lFli+[!ll7Rl77: N7i�fSS:T.7 • : - S's*s7eeO-tsJ.lS , , Mini Storage Facilitv: a single -story structure or structures containing separate, individual, and private storage spaces of varymg sizes leased or rented individually for varying periods of time for the storage of customers' goods or wares