HomeMy WebLinkAboutOrdinance 12-057-CCI�OARD OF COUNTY COMMISSIONERS
Grant County, VVashington
AN ORDINANCE DISBANDING
THE GRANT COUNTY BOARD OF
ADJUSTMENT
oRnINANCE No. iZ- � � 7 -Cc
RESOLUTION No. j-Z_o5� -CC
WHEREAS, RCW 36.70.200 provides that whenever the Board of County
Commissioners (BOCC) creates a planning agency, it shall also a create a Board of Adjustment;
and
WHEREAS, the purpose of the Board of Adjustment under Chapter 36.70 RCW is to
hear and decide applications %r conditional uses or other permits when a zoning ordinance sets
forth the specific uses to be made subject to conditional use permits and establishes criteria for
determining the conditions to be imposed; applications %r variances pursuant to the terms of the
zoning ordinance; and appeals, where it is alleged by the applicant that there is error in any
order, requirement, permit, decision, or determination made by an administrative official in the
administration or enforcement of Chapter 36.70 RCW or any ordinance adopted pursuant to it;
and
WHEREAS, Grant County, by and through the BOCC, has previously created a
Planning Agency, a Planning Commission, and a Board of Adjustment pursuant to Chapter 36.70
RCW; and
WHEREAS, RCW 36.70.970 provides that the county legislative authority (BOCC) may
adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear
and issue decisions on proposals for plat approval and for amendinents to the zoning ordinance
when the amendment which is applied for is not of general applicability. Such adoption is an
alternative to those provisions set forth in Chapter 36.70 RCW relating to powers or duties of the
planning commission to hear and issue recommendations on applications for plat approval and
applications for amendments to the zoning ordinance; and
WHEREAS, pursuant to RCW 36.70.970, the legislative authority (BOCC) may vest in a
hearing examiner the power to hear and decide those issues it believes should be reviewed and
decided by a hearing examiner, including, but not limited to: applications for conditional uses,
variances, shoreline permits, or any other class of applications for or pertaining to development
of land or land use; and, appeals of administrative decisions or determinations pursuant to
chapter 43.21 C RCW; and
Ordinance Disbanding the Grant County Board of Adjustment Page 1 of 3
Civil 8�Departments\Ordinances\2012\Disband BOA 9-14-12
WHEREAS, RCW 3b.70.974 speci�cally �rovides that any county which vests in a
hearing examiner the authority ta hear and decide conditional uses and variances shail r�ot be
required ta have a Zoning Adjuster oc Board of Adjustmer►t; and
WHER�AS, The Grant County Uni�ed Developinent Code (UDG) 25,04.S1Q provzdes
that nothing in this contained within UDC 25.04 (Permit Application Review Procedures} p�•ecludes
Grant Gounty fram at any time adopting an ordinance authori�in�; the replacement of the Plannin�
Commission or Board af Adjustment system cu7•rently emplayed under such chapter, with a hearin�
examinat� system; and
WHEREAS, the BOCC, by and through Ordinance 12-035, amended the Grant County
Unified Development Cade, Chapters 23.04, 25.02 a��d 25.04 for the purpase of praviding a
hearing examiner with authority to hear arld decide, inter alia, canditional uses and variances;
and
WHEREA�, except in the case of a rezane, the decision of the designated hearing
examiner shall be given the effect of a�nal decision of the legislative autllority (BOCC); azld
WHEREAS, Grant County no longer i'inds it necessary to have a separate Board of
Adjustment in ligl�t of the assigntnent of all canditianal use perinit and varianc� decisions, and
companion decisions, to a designated hearing examinex; a�id
WHEREAS, tlle BOCC tinds that it is in the best interests af Gratlt County and its
people to disband the Board of Adjustment consistent with Cllapter 36.70 RCW.
NOW, THEREFOTtE, BE IT RESOLVED AND C?Rl)AINED by the Baard of County
Commissioners of Grant County, State of Washington, as follows.
Section l. The Grant County Baard of Adji�stment sha11 be disbanded effective September
17, 2Q12.
Section 2. If any provisian of this ordinance or its application to any person, entity or
circumstance is, for a11y reason, held invalid or unconstitutional, the remainder of the (7rdinance
or its application ta other persans entities or circumstances shall not be affected.
Section 3. This Ordinance shall be effective when sigtled.
Ordinance Disbanding the Grant County Board of Adjustment Page 2 of 3
CivilBiDepartments\drdinancas\2012iDisband BdA 9-14-12
A PUBLIC HEARING WAS HELD ON THE ABOVE
RESOLUTION/ORDINANCE AT 1:30 O'CLOCK P.M., ON THE 17Tx
DAY OF SEPTEMBER, 2012.
Enacted this ��� day of Septeinber, 2012.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Richard B. Stevens, Chair
Cindy rter, ice- h ir
�����ti��r�vC_-
Carolann Swartz Member
�— � � , 2012;
Approved
By
Dalton L,�e�
Deputy Pro
— `� , 2012
ce
ting Attorney
Date: � �� � �--
Ordinance Disbanding the Grant County Board of Adjustment
Civil 8�Departments\Ordinances\2012\Disband BOA 9-14-12
Page 3 of 3