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Home My WebLink AboutResolution 98-157-CC� . . . T .�.�,,�,�. GRANT COUNTY OFFICE OF �OARD OF COUNTY COMMISSIONERS POST OFFICE 60X 37 EPHRATA, WASHINGTON 9eezs 15091 754-2011 INTERIM OFFICIAL CONTROLS RELATING 'TO REASONABLE USE EXCEPTION RECI�ALS a RESOLUTION #98157 -CC OIZDINANCE #98 �-CC WHEItEAS, 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., reasonable uses(s), without holding a public hearing on the proposed interim official control ordinance/resolution; and WHEREAS, Grant County is currently studying and preparing amendrnents to its zoning code; and WHEREAS, Grant County recognizes that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation an the wise use of lands located within its boundaries, pose a threat to the environment, sustainable economic development and the health, safety and high quality of life enjoyed by residents of the County. It further recognizes that it is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. WHEREAS, It is the purpose of this title to implement the goals of the Growth Management Act, including but not limited to: l. Encouraging orderly growth within Grant County 2. Encouraging the most appropriate use of the land; 3. Protecting the natural environment; 4. Conserving and stabilizing the value of property; 5. Providing the desired levels of population density and intensity of land use. TIM SNEAD HELEN FANCHER LEROY ALLISON DISTFtiGT 1 DISTRICT 3 DISTRICT 2 10999 STRATFORD RD. 10218 RD. 5 NW 20268 RD, 1 S.E. MOSES LAKE. WA 98837 OUINCY. WA 98848 WARDEN. WA 98857 PHONE 765•9548 PHONE 787�4731 PHONE 349•2513 6. Faciiitating adequate provisians for camrnunity services and utilities, such as water and sewage, electrical distribution systems, transportation, schools parks, and other public requirements; and 7. Generally promoting and pratecting the pubiic health, safety, convenience, and general welfare. WHEREAS, in striving to achieve these goals, Grant County recognizes that it must respect the limitatxons that private property rights, the Washington State Constitution and the United States Constitution place on its regulatory autharity. Thus, it is the purpose of this section to prevent arbitrary and discriminatory government action by establishing a method by which private property awners may avoid application af the Grant County Zoning Code where such application would effect an tznconstitutional taking of private praperty. NUW 'THEREFORE, THE GRANT C4UNTY B4ARD OF COMMTSSIONERS DO HEREBX OI2DAIN AND ESTABLISH AS FOLLOWS: Section I. Reasonable Use Exception A. Generally, nothing in this Grant County Zoning Code is intended to deny a fundamental attribute of private property own�rship or to deny all economically viable use of property. B. Applicability of the Reasonable Use Exception 1. A landowner/applicant may apply for a reasonable use exception pursuant to the sectian if the landowner/applicant has reason to believe that the application of Grant County Zaning Code denies any fundamental attribute of private property ownership inconsistent with the Iirnitations upon other properties in the zone in which the property is situated. 2. A landowner/applicant may apply for a reasonable use exception pursuant to this subsection if the landawner/applicant has reason to believe that the application of th� Gratat County Zoning Code danies alI econornically viable use of private property as a whoie or creates a severe impact on a landowner'slapplicant's econamic interest in the property as a whale. C. The application for a reasonable use exception shall include the following information. 1. A descr�ption of site, and a description of the areas of the site which do nat canform to the regulatory requirements of the ordinance from which the applicant seeks reasonable use exception. 2. A description of th� proposed development, inctuding a site plan; 3. An analysis af the modification needed to the standards af the ordinance from which the applicant seeks the reasonable use exception to accarnmadate the proposed develapment; and 4. Such other information as the County determines reasonable necessary to evaluats the issue of reasonable use as it relates to the proposed development including, but not Iimited to, the information required by the Reasonable Use Exception Subrnittal requirements' checklist. D. Upon a finding that the required fee has been paid and the application is camplete, the Director of Cammunity Development andlor designee shall prepare a recommenda�tion to the Pianning Commission. E< The Planning Commission shall review the reasanable use exception application and shall conduct an open record public hearing pursuant to the Local Project Permit Rev�ew Ordinance. The Planning Commission shall ma%e a recommendatian to the Board of Grant County Cammissioners. The duties and responsibilities of the Planning Commission and the Board of Grant County Cornmissioners may be delegated to a hearing exaxniner pursuant to the applicable provisions of the Local Project Review Ordinance. The Board of County Commissioners shall make a finai decision as to whether the reasonable use exception will be granted based upan the following criteria: 1. Wheth.er the application of the Grant County Zoning Code would prohibit ali ecanomically viable or beneficial uses of the property, absent a demonstration by the caunty that the proposed use(s) are prohibited by the laws af nuisance or othsr pre-existing limits on the property which prohibit such use(s). 2. Whether th�re are no other reasonable uses to which the property can be put; 3. Whether the proposed use poses an unreasonable threat ta the haxm sought to e avoided by the application of the Grant county Zoning Cade, or to the public health, safety or welfare on or off the exception site; 4. Whether the inability af the applicant to derive reasonable use of the praperty is the result of actions by the applicant in subdividing th� property ar adjusting a boundary line thereby creating the undevelopable condition after the ef£ective date af this ordinanceg 5. Whether the use exception is the minimum necessary to allaw for reasonable uses of the property; and 6. Whetk�er such use is consist�nt with the general purposes of the Grant County Zoning Code �nd the public interest. F. A landowner/applicant who satisfies one or more af the criteria outlined in Section B, may apply for a reasonable use exception, without first applying for a variance, only if the requested reasanable use exception includes relief from standards for which a variance cannot be granted. G. A reasanable use exception permit applicatian is a Type III process for the purpose af the Local Froject R.eview Ordinance. Section II Combined Review Authority In those cases where a proposed actian se�king a variance also requires other caunty permits, the following procedures will apply: A. When other permits require a public hearing befor� the Planning Commission, the review af the reasonable use exceptian shall be combined with the other permit(s); or B, When other permits are administratively approved, review of the reasonable use exception may, at the Planning Commission discretion, be combined with other permits. In no case, however, shall approval af other permits dependent on the granting of a reasonable use exception by the Board of Grant County Comxn.issionerslHearings Examiner. C. In all cases of combined review, the most restrictive provisions far notification and pracessing shall govern t1�e review of the reasonable use exception request. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS ado�t this ordinance to take effect immediately for the preservation of reasonable use(s) during the time periad required to prepare and adopi an updated Comprehensive Plan in compl�ance with the Growth Management Act and establish a new Zoning Code implementing the GMA Comprehensive Plan, and these interim official controls sha11 be in full force and effect ta the earlier of six months fram the date of adoption of this resolution/ordinance by the Board of Grant County Commissioners, or the adaption of new zoning code. Passed this ��day of October, 1998. ' � j,�.� �, .:�I / � _r�i __ • ��: � . � I Approved as to farm. Prosecuting Attorney Board of County Commissianers Grant Caunty, Washington �� /�� .,_ � �� , .�.: 1�..�r%� - - ' � '' � Helen Fancher, Commissioner �.._ _.�,.-�w l �-`� Tim Sn ad, C mmissioner