ORDINANCE NO. 2002 – 19
(AN ORDINANCE REPLACING SKAMANIA COUNTY CODE TITLE 21 SECTIONS 21.16.060, 21.16.070, 21.16.080, 21.16.090, 21.16.100, 21.16.110, AND CHAPTER 21.100 RELATING TO THE BOARD OF ADJUSTMENT PROCEDURES AND VIOLATION – PENALTY PROCEDURES)
WHEREAS, the Skamania County Planning Commission held workshops on July 16, and August 6, 2002, to review the above named sections of Skamania County Code Title 21; and
WHEREAS, an environmental determination was not made as the project is exempt from State Environmental Policy Act regulations; and
WHEREAS, the Planning Commission held a public hearing on October 1, 2002; and,
NOW THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED that the following is the final draft of the ordinance replacing Skamania County Code Title 21 Sections 21.16.060, 21.16.070, 21.16.080, 21.16.090, 21.16.100, 21.16.110, and Chapter 21.100:
21.16.060 BOARD OF ADJUSTMENT CREATED – MEMBERSHIP AND AUTHORITY
A. There is created a Board of Adjustment to hear appeals from decisions of the Planning Director related to this title and to consider requests for variances, conditional use permits, and other quasi-judicial and administrative determinations as set forth by Chapter 36.70 RCW and Skamania County Code Title 21.
B. The Board of Adjustment shall consist of five voting members, all of whom shall serve without compensation, except as provided for in Chapter 36.70.310 RCW. The members of the Board of Adjustment shall be appointed, serve, and may be removed by the Board of County Commissioners in accordance with the provisions of 36.70 RCW. One member shall be appointed from each County Commissioner district, one member shall be appointed as a member at large, and one member shall be an appointed member of the Planning Commission.
C. The Board of Adjustment shall have all the authority provided by the laws of the state and shall operate pursuant to RCW 36.70.810 through RCW 36.70.870, and Skamania County Code Title 21.
21.16.070 BOARD OF ADJUSTMENT - DUTIES AND RESPONSIBILITIES
The Board of Adjustment shall hear and decide:
A. Applications for conditional uses. Conditional uses are those uses, which may or may not be compatible with permitted uses in a specific zoning designation. If the Board of Adjustment determines that the use is not compatible with permitted or existing uses in the specific area of the proposed use then the proposed use shall be denied. Alternatively, if the Board of Adjustment determines that the proposed use is compatible with permitted and existing uses in the specific area of the proposed use then the proposed use may be approved or approved with conditions to make it compatible with the area.
1) In determining whether the use is compatible with the area, the proposed use shall:
a) Be either compatible with other uses in the surrounding area or is no more incompatible than are other outright permitted uses in the applicable zoning district;
b) Not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with other permitted uses in the applicable zoning district;
c) Not cause the pedestrian and vehicular traffic associated with the use to conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with other permitted uses in the applicable zoning district;
d) Be supported by adequate service facilities and would not adversely affect public services to the surrounding area;
e) Not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district;
f) Not be in conflict with the goals and policies expressed in the current version of the County’s comprehensive plan.
2) Criteria for determining conditions to be imposed on conditional uses shall be based on the health, safety and general welfare of the public, any environmental standards in force in Skamania County, other applicable provisions set forth in this title and shall be subject to conditions which may include, but are not limited to the following;
a) Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
b) Establishing a special yard, open space, lot area or lot dimensions.
c) Limiting the height, size, or location of a building or other structure.
d) Designating the size, number, location, and nature of vehicle access points.
e) Increasing the amount of street dedication, roadway width or improvements within the street right-of-way.
f) Limiting or otherwise designating the number, size, location, height and lighting of signs.
g) Limiting the location and intensity of outdoor lighting and requiring it to be shielded.
h) Requiring berming, screening, landscaping or another facility to protect adjacent or nearby properties and designating standards for its installation and maintenance.
i) Designating the size, height, location and materials for a fence.
j) Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural, historic, or cultural resources.
B. Application for variances from the terms of this title, with the exception of minimum lot size/density; provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated, and that the following circumstances are found to apply;
1) Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification and/or special purpose district;
2) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone classification and/or special purpose district in which subject property is situated;
C. Revocation of Conditional Use Permit. Noncompliance with any condition placed on a conditional use permit shall be grounds for revocation of the permit. Revocation of a conditional use permit shall be considered a land use action and reviewed by the Board of Adjustment. The following procedures shall be completed at least twenty (20) days prior to the date of the revocation hearing:
1) A notice of alleged permit violation pursuant to §21.16.090 shall be sent by certified mail or personal service to the owner of the property on which the conditional use takes place and the operator of the conditional use, in the event that they are different.
2) Notice of the public hearing shall be made pursuant to §21.16.080 - Notice of Hearing.
3) The owner of the land or operator of the conditional use should be present. However, in the event that they are not, the hearing will still be conducted and a final decision shall be rendered.
D. Appeals of any decision of the Planning Director, or the Director’s designee, relating to this title. Any aggrieved person with standing may file an appeal on forms supplied by the Planning Department. Such appeals shall be filed in writing with the Board of Adjustment within 14 days of the date of the action being appealed, and must include the non-refundable appeal fee as set by the Board of County Commissioners. Upon the filing of an appeal from an administrative determination the Planning Department shall set the time and place at which the matter will be considered. At least a 10-day notice of such time and place shall be given to the appeal applicant, and the Planning Director (and the adverse parties of record in the case if not the same as the appeal applicant) together with a copy of the written appeal. The Planning Director shall transmit to the Board of Adjustment all of the records pertaining to the decision being appealed, together with such additional written report as the Director deems pertinent. A Notice of Hearing shall be made pursuant to §21.16.080 Notice of Hearing. In exercising the powers granted herein, the Board of Adjustment may reverse, affirm, or modify all or in part, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the Planning Director from whom the appeal is taken, insofar as the decision on the particular issue is concerned.
21.16.080 NOTICE OF HEARING
Upon filing of an application for a conditional use permit or a variance or in the case of a request for a revocation of a conditional use permit, the Planning Department shall set the time and place for a public hearing on such matter, and written notice thereof shall be mailed to all property owners of record located within one thousand (1000) feet of any portion of the boundary of the subject property and any contiguous lots in the same ownership. The written notice shall be mailed not less than twenty (20) days prior to the hearing. In addition, the Planning Department shall insure that additional notice of such application is given by arranging for publication of the Notice Of Hearing not less than 10 days prior to the hearing in the official county newspaper.
21.16.090 NOTICE OF ALLEGED PERMIT VIOLATION
A notice of alleged permit violation shall contain the following:
A. The following statement shall appear at the top of the first page: “NOTICE OF ALLEGED PERMIT VIOLATION”;
B. A brief description of the nature of the violation;
C. The name of the County Department and staff member of that department to contact regarding the violation;
D. The date that the warning is issued;
E. That failure to correct the alleged violation or to contact the appropriate County Department may result in a formal action to revoke any applicable permits or the imposition of a fine up to $500 per violation.
21.16.100 BOARD OF ADJUSTMENT ‑ ACTION FINAL
The action by the Board of Adjustment shall be final and conclusive, unless within the timeframe provided in RCW 36.70C, the applicant or an adverse party makes application to a court of competent jurisdiction for judicial review of the land use decision, or unless such action is appealed to the Columbia River Gorge Commission as provided in SCC §22.06.060.
21.16.110 INCLUSION OF FINDINGS OF FACT
The Board of Adjustment shall, in making an order, requirement, decision or determination include in a written record of the case the findings of fact upon which the action is based.
21.100.010 VIOLATION - PENALTY
Any person who shall knowingly violate any of the provisions of Skamania County Code Title 21, or fails to comply with any order issued by the Planning Department, Planning Commission or Board of Adjustment, shall be guilty of a violation punishable by a fine of not more than $500.00 per violation. A violation will be deemed to occur for each day that the violation continues after the person has been notified by certified mail or personal service of the apparent violation.
21.100.020 NOTICE OF ALLEGED VIOLATION
In the event the Planning Director, or the Director’s designee, has sufficient basis to believe that a violation of this title has occurred, the Planning Director, or the Director’s designee will notify the violator of the alleged violation by certified mail or personal service and allow fourteen (14) calendar days for the violator to respond. A notice of alleged violation shall contain substantially the following information:
A. The following statement shall appear at the top of the first page: “NOTICE OF ALLEGED VIOLATION”;
B. A brief description of the nature of the violation;
C. The name of the County Department and staff member of that department to contact regarding the violation;
D. The date that the warning is issued;
E. That failure to correct the alleged violation or to contact the appropriate County Department may result in a formal action to revoke any applicable permits and/or the imposition of a fine of up to $500 per violation; and/or any other appropriate legal action to address the violation.
21.100.030 DISTRICT COURT JURISDICTION
In addition to any other legal remedies that may be available to the County to address the violation, any person that has been served a notice of alleged violation as provided in Section 21.100.020 may be cited into the Skamania County District Court which shall have jurisdiction over all complaints involving alleged violations of Title 21. After conduction a hearing, the District Court may impose penalties as provided in Section 21.100.010.
The imposition or the violator’s payment of a penalty shall not excuse the violation, or permit the violator to continue to violate the County’s ordinance. All persons shall be required to correct or remedy such violations or defects within a reasonable time as specified by the Planning Director. A violation will be deemed to occur for each day that the violation continues after the person has been notified, including but not limited to the time that the matter is pending before the County District Court.
(Scriveners note: final ordinance will need to delete the 2nd 1/2 of §21.16.020)
BE IT FINALLY ORDAINED that this ordinance shall become effective upon adoption by the County Commissioners of Skamania County.
ACKNOWLEDGED ON CONSENT AGENDA IN REGULAR SESSION this ____ day of ___________________, 2002 and set for public meeting on the ____ day of __________________, 2002 at _______ o’clock.