ORDINANCE 2007-02
(AN ORDINANCE AMENDING SKAMANIA COUNTY CODE TITLE 12: AMENDING SECTION 12.03.100; AMENDING TITLE 16: AMENDING SECTION 16.04.020, AMENDING SECTION 16.04.120; AMENDING TITLE 17: AMENDING SECTION 17.04.020, AMENDING SECTION 17.08.010, AMENDING SECTION 17.12.010, AMENDING SECTION 17.12.070, AMENDING SECTION 17.16.010, AMENDING SECTION 17.16.020, AMENDING SECTION 17.16.030, ADDING SECTION 17.16.040, ADDING SECTION 17.16.050, ADDING SECTION 17.16.060, ADDING SECTION 17.16.070, DELETING SECTION 17.20.010, DELETING SECTION 17.20.020, DELETING SECTION 17.20.030, DELETING SECTION 17.20.040, DELETING SECTION 17.20.050, DELETING SECTION 17.20.060, DELETING SECTION 17.20.070, AMENDING SECTION 17.24.010, AMENDING SECTION 17.24.020, AMENDING SECTION 17.24.030, AMENDING SECTION 17.28.030, AMENDING SECTION 17.28.040, AMENDING SECTION 17.28.060, AMENDING SECTION 17.28.070, AMENDING SECTION 17.32.020, AMENDING SECTION 17.48.010, AMENDING SECTION 17.48.020, AMENDING SECTION 17.52.010, AMENDING SECTION 17.52.020, AMENDING SECTION 17.60.040, AMENDING SECTION 17.61.010, AMENDING SECTION 17.61.020, AMENDING SECTION 17.64.020, AMENDING SECTION 17.64.110, AMENDING SECTION 17.64.115, AMENDING SECTION 17.64.241, AMENDING SECTION 17.64.243; AMENDING TITLE 18: AMENDING SECTION 18.04.020, AMENDING SECTION 18.04.060, AMENDING SECTION 18.08.040, AMENDING SECTION 18.08.050; AMENDING TITLE 20: AMENDING SECTION 20.12.010, AMENDING SECTION 20.16.040, AMENDING SECTION 20.16.050, AMENDING SECTION 20.20.010, AMENDING SECTION 20.20.020, AMENDING SECTION 20.20.050, AMENDING SECTION 20.20.060, AMENDING SECTION 20.24.010, AMENDING SECTION 20.24.020, AMENDING SECTION 20.24.030; AMENDING TITLE 21: AMENDING SECTION 21.08.010, AMENDING SECTION 21.16.050, AMENDING SECTION 21.16.060, AMENDING SECTION 21.06.070, AMENDING SECTION 21.16.100, AMENDING SECTION 21.16.110, AMENDING SECTION 21.18.050, AMENDING SECTION 21.18.070, DELETING SECTION 21.18.080, AMENDING SECTION 21.20.020, AMENDING SECTION 21.20.040, AMENDING SECTION 21.52.030, AMENDING SECTION 21.70.020, AMENDING SECTION 21.70.040, AMENDING SECTION 21.100.010; AMENDING TITLE 21A: AMENDING SECTION 21A.02.010, AMENDING SECTION 21A.03.040, AMENDING 21A.03.050, AMENDING 21A.04.020; AMENDING TITLE 22: AMENDING SECTION 22.02.110, AMENDING SECTION 22.04.010, AMENDING SECTION 22.06.130; AMENDING TITLE 23: AMENDING SECTION 23.02.010, AMENDING SECTION 23.03.010, AMENDING SECTION 23.03.030, AMENDING SECTION 23.04.030, AMENDING SECTION 23.05.030, AMENDING SECTION 23.06.010.
WHEREAS, Counties in
WHEREAS, on December 19, 2006 the Board of County Commissioners adopted Ordinance 2006-16 (Office of Hearing Examiner) at a public hearing; and,
WHEREAS, the Board of County Commissioners reviewed the draft text (Ordinance 2007-02) at a workshop on January 24, 2007 and initiated the draft to be reviewed by the Planning Commission; and,
Whereas, notice of the public hearing was provided in the official newspaper of general circulation at least 10 days prior to the public hearing, meeting the notification requirements; and,
Whereas, on February 20, 2007, at 7 pm the Planning Commission held a legislative public hearing on Ordinance 2007-02; and,
WHEREAS, after allowing time for public testimony, the public hearing was closed to public comment on February 20, 2007; and,
WHEREAS, the Planning Commission discussed the proposed changes and voted to recommend approval of the text changes in Ordinance 2007-02 to the Board of County Commissioners; and,
WHEREAS, the Board of County Commissioner reviewed the recommendation at a public meeting; and,
WHEREAS, the Board of County Commissioners accepted the Planning Commission recommendation to approve Ordinance 2007-02 without any further changes; and,
NOW THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED the following is the final version of Ordinance 2007-02 affecting Skamania County Code TITLES 12, 16, 17, 18, 20, 21, 21A, 22 and 23.
Title 12 Streets, Sidewalks and Public Places
Chapter
12.03.100 Variances
A. The requirements as set out in this chapter shall apply uniformly to all future applications for private roads and road approach approvals. Provided, that wherever in the opinion of the Hearing Examiner, special circumstances require that these requirements must be exceeded or reduced, the Hearing Examiner may raise or lower the requirements after first setting the matter for public hearing; and if after the public hearing is held the Hearing Examiner finds either:
1. The existing requirements will not adequately protect the public interest and therefore must be raised; or
2. The application of the existing requirements would results in an undue hardship to the applicant; or
3. That to require the application of the minimal requirements would deprive the subject property of rights and privileges given other properties in the area.
And in addition to making one of the above findings the Hearing Examiner finds that granting the variance will not unduly adversely affect the general public or, with respect to raising the standards, that the raising of the requirements is necessary for the protection of the general public.
B. Appeal. Any person aggrieved by a decision of the Hearing Examiner may appeal the decision pursuant to and in the manner provided by the Washington Administrative Procedures Act. (Ord. 2000-07 (part); Ord. 1986-02 (part
Skamania
Chapter 16.04 SEPA RULES
16.04.020 SUBSTANTIVE AUTHORITY
A. The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of
B. The county may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and,
4. The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.
C. The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.
D. The county hereby adopts the following policies as the basis for the county's exercise of authority pursuant to this section:
1. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the citizens of
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; and
b. Assure for all people of
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; and
d. Preserve important historic, cultural, and natural aspects of our natural heritage; and
e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; and
f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
2. The county recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
3. The county adopts by reference the policies in the Skamania County Comprehensive Plan A and the Skamania County Shorelines Management Master Program.
E. Except for permits and variances issued pursuant to Chapter 20.04 of the Skamania County Code when any proposal or action not requiring a decision of the Hearing Examiner is conditioned or denied on the basis of SEPA by a non-elected official, the decision shall be appealable to the Hearing Examiner. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within fourteen (14) calendar days of the decision being appealed. Review by the Hearing Examiner shall be on a de novo basis.
A.
1. Any agency or person may appeal the county's procedural compliance with Chapter 197‑11 WAC for issuance of the following:
a. A final DNS: Appeal of the DNS must be made to the Hearing Examiner within fourteen (14) calendar days of the date the DNS is filed;
b. A DS: The appeal must be made to the Hearing Examiner within fourteen (14) calendar days of the date the DS is issued;
c. Appeal of the FEIS (that is whether the county wrote the EIS correctly and followed procedures properly) or the substantive determination on the action (how the county applied the information in the FEIS to its permit decision) must be submitted to the Hearing Examiner within fourteen (14) calendar days of the date the permit or other approval is issued. If both types of issues are raised, the appeals will be consolidated.
2. For any appeal under this subsection, the county shall provide a record that shall consist of the following:
a. Findings and conclusions; and
b. Testimony under oath; and
c. A taped or written transcript.
3. The procedural determination by the county's responsible official shall carry substantial weight in any appeal proceeding.
B. The county shall give official notice under WAC 197‑11‑680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. (Ord. 1985-02 S13.0)
Skamania
Subdivisions
Chapter 17.04 GENERAL PROVISIONS
17.04.020 ADMINISTRATION
General. The County Planning Director, hereinafter referred to as the Administrator, is vested with the duty of administering subdivisions and platting regulations within the unincorporated areas of the county, subject to the review of the Hearing Examiner. The Planning Director may appoint an assistant planner within the Planning Department to be the Administrator. (Ord. 1985-03 §4.0)
Chapter 17.08 DEFINITIONS
17.08.010 DEFINITIONS
Whenever the following words and phrases appear in Chapter 17.04 through 17.61 they shall be given the meaning attributed to them by this section. The word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision.
1. Access Panhandle is a strip of land having a width narrower than that of the lot to be served thereby and designed for the purpose of providing access to a lot.
2. Block is a group of lots, tracts, or parcels within well defined and fixed boundaries.
3. Community Council is a local organization formed to represent people residing in an unincorporated community or community area.
4.
5.
6.
7.
8. Dedication is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the Board of Skamania County Commissioners.
9. District Health Officer is a representative of the local Health Department authority.
10.Easement is a grant by a property owner to specific person(s), corporation or other entity, or to the public to use land for a specific purpose or purposes.
11.Final Plat is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this ordinance, and as it now exists or is hereafter amended.
12. Hearing Examiner is an appointed official vested with the duties established by Skamania County Ordinance Number 2006-16.
13.
14.
15.
16.
17. Owner(s) for purposes of this Title includes any person, firm, corporation, or other legal entity who has an ‘ownership interest’ as defined herein.
18.Ownership Interest for purposes of this Title includes any person, firm, corporation, or other legal entity who is a contract real estate purchaser and/or holds fee simple title of the property being subdivided.
19.Planned Residential Development is a development which is preplanned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and open space held in common by lot owners.
20.Plat is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
21.Preliminary Plat is a neat and approximate drawing of a proposed subdivision showing the general layout of roads, lots, blocks, and other elements of a subdivision consistent with the requirements of Chapters 17.04 through 17.61. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
22.Public Water System shall mean a water system which meets the standards of the Southwest Washington Health District and any county or state regulations. Said systems may be owned by a private individual, partnership, home owners or land owners association, corporation (including an incorporated county water district,) county public works department, public utility district or a municipality.
23.Road is an improved and maintained right‑of‑way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, and drainage.
24.Road, Private is an easement granted for subdivision lot access. For the purpose of Chapters 17.04 through 17.61, county and private road standards shall only apply to roadways serving two or more subdivision lots.
25.Road, Public is a strip of land dedicated to public use providing vehicular and pedestrian access.
26.Standard Sheet is 22" X 32" with a one‑half inch border on three edges and a two inch border along the left hand edge for binding purposes. For Final plat the material shall be a reproducible (mylar) polyester film approved by the
27.Subdivider is a person(s), including a corporate person, who undertakes to create a subdivision.
28. Subdivision is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership except as exempted under Section 17.04.010. (Ord. 2000-11)
Chapter 17.12 PRELIMINARY PROCEDURES
17.12.010 APPLICATION AND PRELIMINARY PLAT SUBMISSION
A. Any person intending to subdivide land in an unincorporated area of
B. When the Administrator determines that the items required by Section 17.24.050, General Standards, have been met, the Administrator shall circulate the preliminary plat, any restrictive covenants, and the environmental checklist to the applicable agencies listed in Section 17.12.060. If the requirements in Section 17.24.050 have not been satisfactorily met, the Administrator shall inform the subdivider of the inadequacies in writing and request the deficiencies be corrected prior to submitting the preliminary plat, restrictive covenants, and environmental checklist to the agencies in Section 17.12.060.
C. Any person aggrieved by a final decision of the Administrator not to accept a
plat for review may appeal this decision to the Hearing Examiner. When such an appeal is made, the Administrator shall cooperate in bringing this matter to the attention of the Hearing Examiner. The Hearing Examiner may affirm or reverse the decision and instruct the Administrator to accept the plat for review.
17.12.070 HEARING EXAMINER HEARING DATE
A. The Administrator, after receiving the recommendations from the agencies who were sent a copy of the preliminary plat and accessory documents under Section 17.12.060, shall set a date for public hearing of the preliminary plat in concurrence with the Hearing Examiner at a regular meeting of the Hearing Examiner.
B. The Administrator shall forward copies of the agency's comments and recommendations to the subdivider at least ten days prior to the preliminary plat public hearing.
Chapter 17.16 HEARING EXAMINER REVIEW
17.16.010 PUBLIC HEARING
The Hearing Examiner shall review all preliminary plats and include any new required conditions of approval to the approval of the preliminary plat or disapproval of the preliminary plat. At the public hearing the Hearing Examiner shall consider all relevant evidence in order to either approve or disapprove the preliminary plat. Any hearing may be continued at the discretion of the Hearing Examiner within the time limits allowed by law.
17.16.020 RECOMMENDATIONS
The Hearing Examiner shall consider the recommendations of those responding agencies who received a copy of the preliminary plat under Section 17.12.060, other agencies who may desire to make recommendations or give comment, and testimony from the adjacent landowners, and the general public.
17.16.030 PRELIMINARY PLAT
A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the Hearing Examiner. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
17.16.040 APPROVAL OR DISAPPROVAL OF SUBDIVISION AND DEDICATION ‑ FACTORS CONSIDERED ‑ FINDING ‑ RELEASE FROM DAMAGES
The Hearing Examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. He/she shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If he/she finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions, and that the public use and interest will be served by the platting of such subdivision and dedication, then it shall be approved. If he/she finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, then the Hearing Examiner may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The Hearing Examiner shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. The Hearing Examiner shall also consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
17.16.050 DECISION BY HEARING EXAMINER
Every decision by the Hearing Examiner shall be in writing and shall include findings of fact and conclusions to support the Hearing Examiner's decision. Said findings of fact shall include a determination as to whether the preliminary plat is in conformity with the minimum lot size requirement under the county comprehensive plan or any applicable zoning map.
17.16.060 RECORDS
The Hearing Examiner’s proceedings concerning preliminary plats shall be retained by the Administrator and shall be open to public inspection.
17.16.070 UNAPPROVED PLAT NOT TO BE FILED - PROSECUTING ATTORNEY -
The
Chapter 17.24 PRELIMINARY PLAT
17.24.010 APPROVAL - DEEMED AN AUTHORIZATION FOR DEVELOPMENT
Preliminary plat approval by the Hearing Examiner shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with standards established by Chapters 17.04 through 17.61 and any conditions imposed by the Hearing Examiner.
17.24.020 TIME LIMITATIONS FOR PRELIMINARY PLAT APPROVAL
A final plat, meeting all requirements of Chapters 17.04 through 17.61 and conditions imposed by the Hearing Examiner for final plat approval, shall be submitted to the Hearing Examiner for approval within five years of the date of preliminary plat approval; provided that, this five‑year time period shall retroactively apply to any preliminary plat pending under Skamania County Subdivision and Platting Ordinance No. 1971‑1 where the authority to proceed with the filing of a final plat has not lapsed under said Ordinance No. 1971‑1. An applicant who files a written request with the Hearing Examiner at least thirty days before the expiration of this five‑year period shall be granted a one‑year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five‑year period. (Ord. 1985-03 §9.20)
17.24.030 APPROVAL - OTHER EXTENSIONS OF TIME
Other extensions of time may be granted by the Hearing Examiner if the preliminary plat still meets the requirements of state law and county ordinances in effect at the time of preliminary plat approval, and the Hearing Examiner makes a finding under Section 17.20.040 that the preliminary plat still serves the public interest. The Hearing Examiner shall notify the Administrator of its consideration of any other extension(s) of preliminary plat approval. If the preliminary plat does not meet the requirements of Chapter 58.17 RCW and any other applicable state law or county ordinances at the time an extension is applied for under this section, the Hearing Examiner may, after reviewing the conditions of approval and making a finding under Section 17.20.040 that the plat still serves the public interest, grant an extension of time subject to the final plat meeting the requirements of Chapter 58.17 RCW, and any other applicable state law and county ordinances at the time of the preliminary plat extension approval date. Any other time extensions shall not exceed a period of one‑year in duration for each additional extension of time. (Ord. 1985-03 §9.30)
Chapter 17.28 FINAL PLAT
17.28.030 DISTRIBUTION PRIOR TO APPROVAL
When the administrator finds the requirements of Section 17.28.020 have been met, he shall forward the original to the County Treasurer and County Engineer, and a copy of the original shall be forwarded to the District Health Officer, and the Washington State Department of Ecology if the proposed subdivision lies within a flood control zone designated pursuant to Chapter 86.16 RCW, for their respective recommendations for approval or disapproval:
A. The
B. The County Engineer shall certify that the requirements of Chapter 17.44, Survey, have been met, any roads and bridges developed in conjunction with the plat meet the requirements of either the county and/or private road standards ordinance, approve the layout of such roads, and the construction of any other structures required for final plat approval meet standard engineering specifications.
C. The District Health Officer shall submit a report to the Administrator as to the adequacy of the proposed means of sewage disposal and water supply.
D. If any portion of the subdivision lies within a flood control zone, a statement of approval signed by the Washington State Department of Ecology shall be submitted.
E. The County Engineer and District Health Officer shall not modify the terms of their approval or recommendation without the consent of the applicant.
F. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall examine and approve such plats on behalf of the county. (Ord. 1985-03 §10.30)
17.28.040 APPROVAL - SUBMISSION TO BOARD
When the requirements of Section 17.28.030 have been met, the Administrator shall then forward the final plat and the recommendations of the Administrator and District Health Officer to the Clerk of the Board. (Ord. 1985-03 §10.40)
17.28.060 APPROVAL - RECORDING AND FINAL PLAT DISTRIBUTION
A. The Administrator shall record the final plat with the County Auditors Office. The subdivider shall pay the current final plat recording fee.
B. One reproducible copy shall be furnished to the
17.28.070 TERMS OF APPROVAL
Any lots in a final plat filed for record shall be a valid land use not withstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall also be governed by the terms of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under Section 17.28.030 (B) and (C) for a period of five years after final plat approval, unless the Hearing Examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1985-03 §10.70)
Chapter 17.32 DEDICATIONS
17.32.020 DEDICATION TO CORPORATION
Land in a subdivision may be dedicated to a homeowner's association for roads, pedestrian walkways, water and sewer systems, playgrounds and recreational uses, protective improvements, or other general purposes if the Hearing Examiner determines that the public interest will be served thereby. The homeowner's articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the subdivision; that the corporation is empowered to assess the said land for costs of construction and maintenance of the improvements and property owned by the corporation, and that such assessments shall be a lien upon the land. The Hearing Examiner may impose such other conditions, as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.
Chapter 17.48 DEVELOPMENT OF ILLEGALLY DIVIDED LAND
17.48.010 CONDITIONS
No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW or Chapters 17.04 through 17.61 unless the Hearing Examiner finds that the public interest will not be adversely affected thereby. (Ord. 1985-03 §17.10)
17.48.020 PUBLIC INTEREST DETERMINATION
Such approval as provided under this chapter shall only be given by the Hearing Examiner following a public meeting at which the Hearing Examiner shall determine that:
A. The District Health Officer has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel are adequate;
B. The County Engineer has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress with adequate drainage facilities, none of which interfere with or impair existing or planned public highway and drainage facilities in the vicinity;
C. The proposed development permit will not adversely affect the health, safety, or welfare of the adjacent property owners. (Ord. 1985-03 §17.20)
17.52.010 GENERAL
When the Hearing Examiner finds that extraordinary hardship will result from strict compliance with the provisions contained within the ordinance codified in Chapters 17.04 through 17.61, the Hearing Examiner may vary the regulations providing that the adjustment authorized does not grant a special privilege inconsistent with the limitations imposed upon other properties in the vicinity in which subject property is situated and that the following circumstances are found to exist:
A. Because of special circumstances applicable to subject property including size, shape, topography, location or surroundings, strict compliance with said ordinance will cause undue hardship and deprive subject property of rights and privileges enjoyed by other properties in the vicinity;
B. 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 in which subject property is situated;
C. That the granting of the variance will not have the effect of nullifying the intent and purpose of these regulations. (Ord. 1985-03 §19.10)
17.52.020 RESTRICTIVE VARIANCES
Variations and exceptions to more restrictive standards than those herein set forth may be made by the Hearing Examiner in those instances where it is deemed that hardship, topography or other factual detriment conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of Chapters 17.04 through 17.61. (Ord. 1985-03 §19.20)
Chapter 17.60
17.60.040 COMPLIANCE WITH FINAL PLAT APPROVAL
Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of Chapter 58.17 RCW, any provision of the ordinance codified in Chapter 17.04 through 17.61, or any term or condition of plat approval for the plat by the Hearing Examiner, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of Chapter 58.17 RCW, or the ordinance codified in this title or with such terms or conditions prescribed by the Hearing Examiner. The costs of such action may be taxed against the violator. (Ord. 1985-03 §18.40)
CHAPTER 17.61 - PLAT ALTERATION - PLAT VACATION
17.61.010 PLAT ALTERATION
A. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in Section 17.04.010(B)(5) that person shall submit an application to request the alteration to the Hearing Examiner. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
B.