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HomeMy WebLinkAboutResolution 98-037-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington RESOLUTION NO. 98� 7 -CC ORDINANCE NO. 98- 37-CC INTERIM OFFICIAL CONTROLS IN THE AGRICULTURAL ZONE, AMENDING THE GRANT COUNTY ZONING ORDINANCE RELATING TO DEFINITION OF "FARM", PERMITTED USES, RESTRICTIONS, AND OTHERMATTERS PROPERLY RELATING THERETO RECITALS: WHEREAS, the Board of County Commissioners (Board) of Grant County, Washington, intends to fully comply with the orders of the Eastern Washington Growth Management Hearings Board; and WHEREAS, the Board adopted Resolution No. 97-143-CC entitled, "A Resolution Adopting Grant County's Work Plan for Continued Compliance with the Growth Management Act", and Resolution No. 98-25-CC entitled, "Resolution Adopting GMA Work Plan/Critical Path Schedule, Expressing An Intent to Approve Supplemental Budget to Complete Elements of Approved GMA Work Plan, and Designating Review and Consideration of Additional Interim Measures" ; and WHEREAS, RCW 36.70A.390 empowers the Board with the authority to adopt interim official controls to protect, inter alia., the Agricultural Zone, without holding a public hearing on the proposed interim official control ordinance/resolution; and WHEREAS, Grant County is currently studying and preparing code amendments to its zoning code regulating its Agriculture Zone, to establish new zoning categories to protect the Agriculture zone; and WHEREAS, the Board finds that interim official controls addressing residential uses and densities within the Agriculture Zone as set forth herein, are reasonable and necessary to protect the Agriculture Zone during the period of time required to prepare and adopt an updated Comprehensive Plan in compliance with the Growth Management Act, adopt and establish new zone categories in the Agriculture Zone, and comply with the aforementioned orders of the Eastern Washington Growth Management hearings board; and WHEREAS, the Board finds that an emergency exists, and the following interim zoning controls are reasonable and necessary to further its purpose. NOW, THEREFORE, THE GRANT COUNTY BOARD OF COMMISSIONERS DO HEREBY ORDAIN AND ESTABLISH AS FOLLOWS: Section 1. NEW SUBSECTION. Grant County Zoning Ordinance, Section III "Definitions," adopted by Resolution No. 80-39-CC (Ordinance No. 80-39-CC) on April 15, 1980, is amended by adding a new subsection to "Definitions," by adding a"farm" definition, to read as follows: Farm: A farm is defined as a�arcel of land in which the primary use of the barcel is devoted to, and used for, the commercial production of livestock or a�ricultural commodities, and whereby the residence is ancillary to the primarX use. Section 2. NEW SUBSECTION. Grant County Zoning Ordinance, Section V"A (Agriculture)", Uses Permitted, subsection (B.)(8), adopted by Resolution No. 80-39-CC (Ordinance No. 80-39-CC) on April 15, 1980, amended by Resolution No. 96-14�-CC (Ordinance No. 96-147-CC), on November 12, 1996, is repealed and re-enacted as a new subsection, to read as follows: 8. Anv owner occupied residence located on the farm which is located in the A�riculture Zone District may be subdivided once everv five (5) vears in accordance with the Grant Countv short �lat ordinance (An Ordinance Relatin� To Short Plats And Short Subdivisions), Section 2, Exemptions (7), so lon� as the subdivision contains no less than one acre and the remainder of the ori igtnal �arcel contains five (5) acres or more. Parcels created bursuant to this exemption may not be further subdivided for a period of five (5) years except for land divisions created pursuant to Section V, subsection (B.)(10), of the Grant County Zoning Ordinance. Section 3. NEW SUBSECTION. Grant County Zoning Ordinance, Section V"A (Agriculture)", subsection (B.) Uses Permitted, adopted by Resolution No. 80-39-CC (Ordinance No. 80-39-CC) on April 15, 1980, is amended by adding a new subsection, to read as follows: 12. Single family residences and accessory structures. INTERIM AGRICULTURAL ZONING CONTROLS - 2 F:\CIVIL\WORK\ORDINANC\LAND-USE\AG-ZONE.ORD Section 4. Grant County Zoning Ordinance, Section V"A (Agriculture)", subsection (C.) Restrictions, adopted by Resolution No. 80-39-CC (Ordinance No. 80-39-CC) on April 15, 1980, is amended to read as follows: C. RESTRICTIONS 1. Lot Area Required: ((49-�Eres-�x�e�-��e�za�d �ri������,--o-t� co,.+;,,,, �, � n�� Forty (40) acres, except as otherwise provided for bX Section VB.)(8), Section VB.)(10) and Section V(D.) (Conditional Uses bv S�ecial Permit) of the Grant Count,��dinance. 2. Yards Required: ((�� ^'�^" '�� ^ � �„*�d-xet-�esr�-������� r�������Le-s��s--�ac-k�e���e—(3�z e-�t-�= ��� No buildin� shall be placed closer than twenty-five (25) feet to an, r� street, or public ri�ht-of-way. No buildin� sha11 be placed closer than five (5) feet to an� ��property line which does not contain a road, street, or public ri�ht-of-wav. A temporary stand for the display and sale of a�ricultural products produced on the ((��)) farm may be located in the front yard but not closer than ten (10) feet to any public road, street, or right-of-way. There shall be no subdivision of land for housing purposes other than as provided by Section �B.�(8� ((�)) Section VB.�(10) and Section VB.)(12) (40 acre minimum lot size), of the Grant Countv Zonin� Ordinance. Section 5. A public hearing will be held on the aforementioned interim official controls before the Grant County Board of County Commissioners within 60 days from adoption of this ordinance/resolution. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS adopt this ordinance to take effect immediately for the preservation of the of the Agricultural zone during the time period required to prepare and adopt an updated Comprehensive Plan in compliance with the Growth Management Act and establish new zone categories in the Agricultural zone, and these interim official control shall be in full force and effect to the earlier of 6 months from the date of adoption of this resolution/ordinance by the Board of Grant County Commissioners, or the adoption of new zoning categories for the Agriculture zone. INTERIM AGRICULTURAL ZONING CONTROLS - 3 F:\CIVIL\WORK\ORDINANC\LAND-USE\AG-ZONE.ORD Passed this 7th day of April, 1998. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON LeRoy C Allison, Chair �,��,i�� Helen Fancher, Member ...,,_.._..r---��.. P�� �� Tim Snea , Me ber Attest: � � Clerk o Board: • ••• • � � • 1' � �� 1 � / ;//�'III � _ i , ' � � - 1� ' � - INTERIM AGRICULTURAL ZONING CONTROLS - 4 F:\CIVIL\WORK\ORDINANC\LAND-USE\AG-ZONE.ORD