HomeMy WebLinkAboutResolution 98-036-CCGRANT C�UNTY
oFFacs oF
BOARD OF COUNTY COMMISSIONERS
POST OFFiCE BOX 37
EPHRATA. WASHINGTON 9eez3
15091 754-2011
BOARD OF COUNTY COMMISSIONERS
GRANT CO�JNTY UVASHINGTON
1 AN ORDINANCE AMENDiNG THE
2 GRANT COUNTY ZONING
3 ODINANCE, SECTION XVI, NON-
4 CQ.l1�FORMING USES AMENDING
s- THE£r M�`N�H.PROVISION iN
6 PAL�AGRAPFt B AND ADDING A
� NEW SECT(ON D._
s ORDINANCE
9 NO. 98-36-CC
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1i WHEREAS, it is�aeclared to be the policy of the Board of County Commissioners to
1z �rovide �eglalatorymechanisms for non-conforming uses as found and determined to
i3 be reasonable and equitable in many jurisdictions. This policy is pursued in order that
14 non-conforming uses in existence at the time of adoption of the ordinance, or
ls amendments thereto, shall be bro�aght to co¢�formity or amortized and removed within
i6 such period of time as are compatible with justice to the owners of properties affected
� 17 and w��h the interests of the safety, fiealth, and general welfare of Grant County; and,
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WHEREAS, Section XVI, NON-CONFORMING USES of the Grant County Ordinance
requires updating; and,
Wl-1EREAS, Prooer notification has been provided and a Public Hearing held by
the Grant County Planning Commission March 4, 1998 in o�de� to arovide the
opportunity for public participation in-the process ot amending the Granf Counry
Z�ning Ord'rnanee; and,
2z_ WHEREAS,. Gomments were made by the public and considered at a open record
28 public hearing by the Planning Commission in its recommendation to the Board of
29 County Commissioners; and,
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3i WHEREAS, The Board of County Commissioners have reviewed the record of the
32 Open Record Public Hearing held before the Planning Commission March 4, 1998;
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35 WHEREAS, Pursuant to the requirements of SEPA, a Determination of Nor�-
36 Significance was issued on this proposal on February 13, 1998. The DNS
3� Appeal period ended March 14, 1998 with no administrative appeals fi(ed; and,
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WHEREAS. All of the of the guide�ines, standards and objectives of the
Comprehensive Plan have been considerec9; and,
WHEREAS; There are circumstances that have changed since the time the
present zoning ordinance was approved which warrant the proposed change;
and,
WHEREAS, The propc�sal is in the publics interest and will serve to promote the
publics health, safety and general welfare; and,
49 NOW, THEREFORE, BE 1T ORDi41NED BY THIS ORDIANCE, as follows:
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The Board of County Commissioners hereby adopts Section XVI of the Grant
County Zoning Ordinance, "NON-CONFORMING USES" as amended as follows:
SECTION XVI
NON-CONFORM9NG USES:
A. The lawful use of the land or premises existing at the time of adoption of this
resolution, although such use does not conform to the provisions of this resolution,
may be continued; however, if s�ch non-conforming use is discontinued for a
period ofi six (6) months or more, any further use of those lands or premises shall
be in conformity with the provisions of ihis resolution. The mere presence of a
structure shall not be deemed to consfitute ihe continuance of a non-conforming
use unless the structure is actually occupied and empioyed in maintaining such
use.
16 B. Nothing in this resoiution shall be deemed to prohibit the restoration of a
1� building within a period of finrelve (12) months firom date of its partial destruction to
is the e�ctent of not more than fifly (50) percent of its replacement value by fire,
i9 explosion, or act of God, or act of the public enemy, or prevent the continuance of
2o the use of such building or part thereof.
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22 C. Nothing contained herein shall require any change in the plans, construction,
z3 designation or intended use of a building, the construction of which was
24 comm�nced and diligently prosecuted prior to the adoption of this resolution,
2s provided however, such building must be entirely completed according to plans of
26 such building within one (1) year from the date of the adoption of this resolution.
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2s D. Recognizing that there are non-coraforming buildings/structures and
29 buildings/structures which house non-conforming uses that currently exist which
3o should be upgraded or improved by reenodeling or addition thereto, the Board of
3i Adjustment may, after having held a public hearing, approve the issuance of a.
32 building permit for the remodeling or addition to an existing non-conforming
33 building/structure or for the remodeling or addition to an existing
34 building/structure which houses a non-conforming use. As a condiiion to the
3s issuance of the building permit, the Board o� Adjustment shall require detailed
36 plans and specifications of the proposed remodeling or addition be filed with the
3� Grant County Building Department for approval prior to permii issuance. No
38 building permit shall be issued unless the Board of Adjustment finds that the
39 proposed remodeling or addition is found to be compatible and will not be �
4o detrimental to the health, safety, or welfare of the surrounding area,
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DONE THIS '` DAY OF April, 98 �
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Attest Clerk of the Board: � �����' �:�' ,.�
P •e ` ' y�gg !'�
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Approved as to from:
Prosecuting Attomey
fim Snead, Commissioner
the Board of County Commissioners