(a)

Title 23 of the Grant County Code is comprised of Chapters 23.04—Zoning Districts, 23.08—Performance and Use-specific Standards, and 23.12—Development Standards, and official zoning maps, and shall be known as the zoning code of Grant County, Washington. The zoning code is intended to carry out the goals and policies of the Grant County Comprehensive Plan, and to benefit the public as a whole and not any specific person or class of persons. The zoning code classifies, designates, and regulates the development of land for agriculture, mineral resource extraction, residential, commercial, industrial, recreation, tourism and public land uses for the unincorporated area of Grant County.

(b)

It is the purpose of this Chapter to:

(1)

Conserve Grant County's resources;

(2)

Provide adequate open spaces for light, air, and reducing the hazards of fires;

(3)

Provide the economic and social advantages that result from orderly, planned use of land resources;

(4)

Facilitate energy conservation and the use of renewable energy resources;

(5)

Enhance the livability and quality of housing;

(6)

Provide for desirable, appropriately located living areas in a variety of dwelling types with a suitable range of population densities;

(7)

Provide affordable housing;

(8)

Provide for the preservation of adequate space for commercial, industrial, and other activities necessary for a healthy and diversified economy;

(9)

Provide for the preservation of historically or archaeologically significant land resources;

(10)

Lessen congestion of streets;

(11)

Enhance predictability regarding future development so that decisions can be made regarding future development;

(12)

Provide for judicious, efficient, timely, and reasonable administration respecting due process set forth in this Ordinance and other applicable laws; and

(13)

Protect and promote the public health, safety and general welfare, with respect for private property rights;

(14)

Protect and promote agricultural activities;

(15)

Provide for the development of recreational opportunities.

(a)

Applicability: this Chapter shall apply to unincorporated areas under Grant County land use regulatory authority, including the unincorporated areas of urban growth areas.

(b)

Construction: This Chapter shall be liberally construed to secure the public health, safety, and welfare of the people and the land. When interpreting this UDC, the minimum requirement necessary to achieve the intent shall prevail. Wherever the requirements of the ordinance conflict with other laws in effect, that which imposes the higher standard while meeting the intent of the codes shall prevail.

(c)

Administrative Official: It shall be the responsibility of the Administrative Official, or his or her designee, to interpret and apply the provisions of this Chapter pursuant to GCC 25.04.100.

(a)

Grant County is hereby divided into zoning districts to carry out the policies and objectives of the Comprehensive Plan. The Comprehensive Plan establishes five (5) principal land use designations or classes: (1) unincorporated portions of urban growth areas, (2) rural lands, (3) rural activity centers, (4) resource lands and (5) special and overlay zoning districts. The rural lands class includes specific areas designated for more intensive development than other rural lands. The individual land use categories within the designations are referred to as "zoning districts" or "zones." This Chapter describes the limitations and regulations for the use of and construction on properties within each zoning district or zone. Tables 1 and 2 illustrate the relationship between Comprehensive Plan land use designations, allowed residential densities and zoning districts. These zoning districts have been developed based on:

(1)

Natural systems and land capability;

(2)

Existing land use patterns; and

(3)

The needs and expressed desires of the community.

(b)

The zoning districts comprising the five (5) general land use classes are:

(1)

Unincorporated portions of urban growth areas:

(A)

Urban Residential 1 (UR1);

(B)

Urban Residential 2 (UR2);

(C)

Urban Residential 3 (UR3);

(D)

Urban Residential 4 (UR4);

(E)

Urban Commercial 1 (UC1);

(F)

Urban Commercial 2 (UC2);

(G)

Urban Light Industrial (ULI);

(H)

Urban Heavy Industrial (UHI);

(I)

Open Space/Recreation (OSR);

(J)

Urban Reserve (UR);

(K)

Grant County International Airport (AP); and

(L)

Public Facility (PF).

(2)

Rural lands:

(A)

Rural Residential 1 (RR1);

(B)

Rural Remote (RRem); and

(C)

Rural Urban Reserve ( RUR).

(3)

Rural activity centers:

(A)

Rural Village Residential 1 (RVR1);

(B)

Rural Village Residential 2 (RVR2)

(C)

Rural Village Open Space Conservation (RVOSC)

(D)

Rural Village Commercial (RVC);

(E)

Rural Village Industrial (RVI);

(F)

Rural Community (RC);

(G)

Agricultural Service Center (ASC);

(H)

Recreational Development (RD);

(I)

Shoreline Development 1(SD1);

(J)

Shoreline Development 2(SD2);

(K)

Shoreline Development 3 (SD3);

(L)

Shoreline Development 4 (SD4);

(M)

Rural General Commercial (RGC);

(N)

Rural Neighborhood Commercial (RNC);

(O)

Rural Freeway Commercial (RFC);

(P)

Rural Recreational Commercial (RRC);

(Q)

Rural Light Industrial (RLI); and

(R)

Rural Heavy Industrial (RHI).

(4)

Resource lands:

(A)

Agriculture (AG);

(B)

Rural Resource (RRES).

(5)

Special and Overlay Districts:

(A)

Open Space Conservation (OSC);

(B)

Public Open Space (POS);

(C)

Mineral Resource Overlay (MRO);

(D)

Airport Safety Overlay (ASO);

(E)

Aerospace Overlay (AO);

(F)

Master Planned Resort (MPR); and

(G)

Master Planned Industrial (MPI).

(c)

Zoning Maps: The official zoning maps delineate the zoning districts. The official zoning maps together with the explanatory matter thereon are hereby adopted by reference and declared a part of this Chapter. The zoning districts may be redefined from time to time by adoption of amendments (rezones) to the zoning map, in accordance with this text and RCW 36.70 and 36.70A and GCC Chapter 25.12 by a map or maps showing the geographical area and location of said amendments. The Board of County Commissioners shall enter changes on the official zoning map promptly after approval. The map, or maps, shall be filed by the County with the County Auditor in accordance with GCC section 25.01.060 and available to the public. Regardless of the existence of copies of the official zoning map which may from time to time be made or published, the official zoning map shall be located in the office of the Department, and shall be the final authority as to the current boundaries of the zoning districts. The official zoning map shall show the zoning of specific parcels of land and the use regulations of the zoning district shall apply to the land and shall be consistent with the Comprehensive Plan land use designations.

(d)

Boundary Interpretations: When uncertainty exists as to boundaries of any zoning district shown on the official zoning district map, the following rules of construction shall apply:

(1)

Where zoning district boundaries are indicated as approximately following the centerline of streets, alleys, or highways, the actual centerline of the right-of-way shall be construed to be the boundary.

(2)

Where zoning district boundaries are indicated on such maps as approximately following the lot or tract lines, the actual lot tract line shall be construed to be the boundaries of such zoning district.

(3)

Zone boundaries indicated as following shorelines shall be construed to follow such shorelines, and in case of change in the shoreline, shall be construed as moving with the actual shoreline.

(4)

Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way.

(5)

Where a public street or alley is officially vacated or abandoned, the regulations applicable to the abutting property to which the vacated portion reverts shall apply to such vacated or abandoned street or alley.

(6)

Where zoning districts and/or boundaries are determined by the Administrative Official to be inconsistent with the Comprehensive Plan Future Land Use Map, the Administrative Official may make appropriate changes to the official zoning district map to achieve consistency.

(7)

Where inadvertent technical mapping errors occur that result in a parcel for which no zoning district is designated, the Administrative Official shall apply the requirements of the zoning district that achieves consistency with the Comprehensive Plan Future Land Use Map, provided that not more than one (1) such zoning district achieves consistency. Where more than one (1) zoning districts are available that achieve consistency with the Comprehensive Plan Future Land Use Map, the Administrative Official shall invoke the process specified in GCC § 23.04.150 for Minor Zoning Amendments.

(8)

In case uncertainty exists which cannot be resolved by the application of the foregoing rules, the Administrative Official shall determine the location of such zoning district boundaries by written decision.

(e)

Where a zoning district boundary on the official zoning map divides a parcel, the following rules of construction shall apply:

(1)

Except for parcels divided by Urban Growth Area (UGA) or Resource Land zoning district boundaries, where a zoning district boundary shown on the official zoning map divides a lot of record at the time of adoption of this chapter, the property owner shall have the option of choosing either of the two (2) districts to apply to the entire parcel area, or may subdivide the lot to retain both districts as mapped, provided that all of the standards and requirements, including relevant density and dimensional requirements, and performance standards can be met.

(2)

Where a UGA zoning district boundary divides a lot of record at the time of adoption of this chapter, the entire parcel area shall be deemed to lie within the UGA boundary and retain the UGA zoning district. During future annual updates of the Comprehensive Plans of the County and the affected city or town, the property owner may petition for removal of the entire parcel from the UGA in accordance with the process specified in GCC § 25.15.030. Alternately, the property owner may subdivide the lot to retain both designations as mapped, provided that all of the standards and requirements, including relevant density and dimensional requirements, and performance standards of the GCC can be met.

(3)

Where a Resource Land zoning district boundary divides a lot of record at the time of adoption of this chapter, the entire parcel area shall be deemed to lie within the Resource Land zoning district. During future annual updates of the County Comprehensive Plan, the Administrative Official shall review the parcel zoning district by applying the resource land classification criteria contained in the Resource Lands Sub-element of the Comprehensive Plan. The entire parcel shall be appropriately designated by the Administrative Official based on application of the classification criteria. Alternately, the property owner may subdivide the lot to retain both zoning districts as mapped, provided that all of the standards and requirements, including relevant density and dimensional requirements, and performance standards of the GCC can be met.

(a)

Purpose: The land use regulations that follow implement the general intent, goals and policies of the Comprehensive Plan and establish standard procedures for all new development.

(b)

Classifications of Allowable Use: Land uses allowed under this Chapter are divided into four (4) classifications and are subject to the review procedures specified in GCC § 23.04.060:

(1)

Allowed Outright Use (A): Use allowed without a project permit, subject to the applicable development standards of GCC § 23.12, are designated by "A";

(2)

Discretionary Use (D): Use allowed without a land use permit, subject to (1) the applicable development standards of GCC § 23.12 and (2) the performance and use-specific standards unique to the proposed use specified in GCC § 23.08, are designated by "D";

(3)

Conditional Use (C): Use allowed subject to (1) the applicable development standards of GCC § 23.12, (2) the performance and use-specific standards unique to the proposed use specified in GCC § 23.08, and (3) a Conditional Use Permit as specified in GCC § 25.08, are designated by a "C"; and

(4)

Plan Amendment (PA): New uses, or changes in the locations of uses, in a Master Planned Resort which require an amendment to the Master Plan as specified in GCC § 23.04.320, § 23.12.190 and § 25.12.070, are designated by a "PA".

(c)

Prohibited Uses (P): Uses designated with a "P" are not allowed in the applicable zoning district.

(d)

Other underlying permits, such as a building permit, are typically required for land uses or developments classified as A, D or C.

Table 1
Rural Lands, Rural Activity Centers, Resource Lands, and Special and Overlay Zoning Districts

¹  Applies to residential development on privately owned land within Open Space zoning district. No residential development allowed on publicly owned land within Open Space zoning district.
²  ;hg;Residential development density shall be as specified in an MPR Master Plan approved by the County.

Table 2
Urban Land Zoning Districts

(e)

Land Use Matrix: Tables 3, 4 and 5 present a matrix of allowable and prohibited land uses for each zoning district. The Land Use Matrix does not include detailed requirements, which are reflected in the text of the zoning district; it is intended as an aid to provide a general understanding about the land uses which may be allowed in specific zoning districts. In addition to the Land Use Matrix, reference to (1) the various zoning districts in this section, (2) the applicable development standards of GCC § 23.12, and (3) performance and use-specific standards unique to the proposed use specified in GCC § 23.08 is necessary to determine if any specific requirements apply to the listed use.

(f)

The land use matrix (Tables 3, 4 and 5) shall be used in conjunction with GCC § 23.08—Performance and Use-specific Standards and GCC § 23.12—Development Standards. Pursuant to section 23.04.040, those uses specified in Tables 3, 4 and 5 as allowed outright (A), discretionary use (D), or conditional use (C), shall comply with the requirements of GCC § 23.12—Development Standards. Those uses specified in Tables 3, 4 and 5 as discretionary use (D) or conditional use (C) shall comply with the requirements of GCC § 23.08—Performance and Use-specific Standards.

(g)

If, for example, an application is submitted to develop a Playing Field, the first question is whether it is an allowable use in the zoning district where the development is proposed. Table 3 specifies Playing Fields as a Discretionary Use (D) in the Rural Community (RC) zoning district, which means that the proposed development will be allowed only if it meets the performance and use-specific requirements of GCC § 23.08.290 and any applicable development standards of GCC § 23.12. Table 3 specifies Playing Fields as a Conditional Use (C) in the Rural General Commercial (RGC) zoning district, which means that the proposed development will be allowed only if it meets the performance requirements of GCC § 23.08.290, any applicable development standards of GCC § 23.12, and a conditional use permit is granted by the Hearings Examiner in accordance with the requirements of GCC § 25.08 following a public hearing. Playing Fields are prohibited in the Rural Village Industrial (RVI) zoning district.

(h)

Multiple Zoning District Designations: Some parcels or developments may be subject to the regulations of two (2) or more applicable zoning districts, shoreline master program environments, or overlay zoning districts.

(i)

Similar Uses: When a use is not specifically listed in this ordinance, it shall be understood that the use may be allowed if the Administrative Official determines, using a Type I process specified in GCC § 25.04, that the use is similar to other uses listed. It is further recognized that not every conceivable use can be identified. In anticipation that new uses will evolve over time, this Section establishes the Administrative Official's authority to compare a proposed use and measure it against those listed in this Chapter for determining similarity. In determining similarity, the Administrative Official shall make all of the following findings:

(1)

The proposed use shall substantially meet the intent of and be consistent with the goals, objectives and policies of the Comprehensive Plan;

(2)

The proposed use shall meet the stated purpose and general intent of the zoning district in which the use is proposed to be located;

(3)

The proposed use shall not adversely impact the public health, safety and general welfare of the residents of the County; and

(4)

The proposed use shall share characteristics common with and not be of greater intensity, density or generate more environmental impact than those uses listed in the zoning district in which it is to be located.

(j)

If the Administrative Official determines that the proposed use is similar, he/she shall also determine and establish the category of allowable use as specified in GCC § 23.04.040. If a proposed use is determined to be not similar to a use specifically listed in this ordinance, it shall be considered a prohibited use. Similar use determinations may be appealed as specified in GCC § 23.04.

(k)

Allowable Residential Density: The maximum allowable residential density for the various rural and resource zoning districts are specified in Table 1. The minimum and maximum residential densities for the various urban zoning districts are specified in Table 2.

(l)

Development Standards: All uses are subject to certain bulk and dimensional standards, such as setbacks and off-street parking requirements, as specified in GCC § 23.12.

(m)

Site-Specific Redesignations: The criteria for decision-making regarding site-specific land use redesignations and zoning changes are specified in GCC § 25.12.030.

(n)

Master Plan Resorts: The criteria for decision-making regarding designation of master planned resorts are specified in GCC § 25.12.070.

(a)

Any provision of this Ordinance may be suspended in an emergency situation by the Administrative Official, subject to approval by the Board of County Commissioners.

(b)

There shall be no more than one (1) primary dwelling unit per legal lot of record.

(c)

Prohibition On Extension of Urban Services Into Rural and Resource Areas: Extension of sewer service is prohibited into rural and resource designated areas, except where the Administrative Official and the Health Department determine an existing health hazard exists, and no other feasible remedies are available. In these cases, a finding must be made that the capacity of the sewer extension will be no greater than that necessary to remedy the health hazard.

(d)

Development of Unplatted Lots of Record That Do Not Meet Minimum Dimensional Standards of Zoning District: Notwithstanding other restrictions of Grant County Code, only lots of record meeting the minimum dimensional standards of the zoning district in which they are located will be approved for development permits. In the event an owner of contiguous, unplatted lots chooses to aggregate (combine) them in order to meet this requirement that shall be recorded as a boundary line adjustment. The following exemptions apply:

(1)

A lot upon which there is, or was, a legally placed residence; or

(2)

A lot of record that was platted pursuant to GCC; or

(3)

A lot of record that meets the following requirements:

(A)

The development complies with all other requirements for a development permit pursuant to any provision of the Grant County Code without the need for a variance from the requirements of the Rules and Regulations of the Grant County Board of Health Regarding On-Site Sewage Disposal; and

(B)

The development must demonstrate compliance with GCC 25.20 (Concurrency) even if otherwise exempt; or

(4)

A development permit is required as part of a compliance order to protect the public's health, life, safety, and the environment.

(e)

Notwithstanding other restrictions, only lots meeting the minimum dimensional standards of this Chapter will be approved for residential building permits.

(f)

Storage of Articles or Vehicles On Lots and Rights-Of-Way: In no zoning district shall any portion of articles or vehicles be permitted to be stored in public rights-of-ways. Not more than two (2) unlicensed or inoperable vehicles shall be stored on any lot, except for automobile wrecking and salvage yards, where specified as a Permitted Use in Tables 3, 4 and 5, and as specified in GCC § 23.08.090.

(g)

No travel trailer or building removed from its permanent foundation or constructed for mobility shall be used as permanent residential living quarters in any zoning district, unless specifically designated as an allowable or conditional use in a specific zoning district. Recreational vehicles shall not be used as permanent residential living quarters in any zoning district, unless specifically designated as an allowable use in a specific zoning district. Certified Park Model RVs (PMRVs) per WA State Labor and Industries or American National Standards Institute (ANSI) A119.5 are permitted to be used as permanent dwelling units in allowable zoning districts if permanently connected to a foundation system and utilities.

(h)

Non-issuance of building permits outside of a fire district: Within any zoning district, building permits shall not be issued for residential and/or commercial structures that are not determined to be within an official designated boundary of a Grant County fire district, unless otherwise approved by the Grant County Fire Marshall.

(a)

Allowed outright uses do not require a land use project permit, but are subject to a Type I ministerial review as specified in GCC § 25.04.070 for consistency with the development standards of GCC § 23.12 and other chapters of the GCC. In the absence of specific development standards applicable to the land use proposed, the Administrative Official shall review the proposed development for consistency with:

(1)

Allowable residential density;

(2)

Concurrency requirements specified in GCC § 25.20; and

(3)

Conformance with the purpose of the zoning district where the proposed use or development would occur.

The decision of the Administrative Official regarding consistency review of an allowed outright use may be appealed only as part of an appeal of an underlying building or other construction or development permit decision. All outright uses shall be subject to the requirements of GCC § 24.02—SEPA.

(b)

Discretionary uses are subject to a Type II administrative review as specified in GCC § 25.04.080. The Administrative Official may approve the discretionary use if the proposed development:

(1)

Complies with the applicable development standards of GCC § 23.12;

(2)

Complies with the performance and use-specific standards unique to the proposed use specified in GCC § 23.08;

(3)

Is appropriate in design, character, and appearance with the goals and policies for the land use designation and zoning district in which the proposed use is located;

(4)

Is consistent with the goals and policies of the Comprehensive Plan, including the policies regarding shoreline management included in Chapter 13—Natural Setting Element and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;

(5)

Will be served by adequate facilities including access, fire protection, water and sewer facilities (municipal, community or on-site systems);

(6)

Does not include any use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (RCW 36.70); and

(7)

Will not result in impacts on the human or natural environments determined by the Administrative Official to require review as a conditional use.

(8)

Development authorized as a Discretionary Use shall be completed within five (5) years of the date of approval or the approval shall become null and void. An extension of up to one (1) year may be granted by the Decision Maker if the permittee demonstrates good cause for an extension.

If the Administrative Official does not approve the proposed use or development, the applicant may request that the proposed development or use be reviewed as a conditional use as specified in subsection (c) of this section. The applicant shall file a conditional use application and pay any required fees, as specified in GCC § 25.08.060 or as established by resolution of the Board of County Commissioners.

(c)

Conditional uses require a conditional use permit, and are subject to a Type III quasi-judicial review as specified in GCC § 25.04.080 for compliance with: (1) the applicable development standards of GCC § 23.12, (2) the performance and use-specific standards unique to the proposed use specified in GCC § 23.08, and (3) the criteria for approval specified in GCC § 25.08.060.

(d)

Variances to development standards of GCC § 23.12 may be requested in accordance with the requirements of GCC § 25.08.060.

(a)

Purpose: The Growth Management Act directs that no comprehensive plan or development regulation may preclude the siting of essential public facilities (RCW 36.70A.200 (2)). The location and permitting of essential public facilities shall be guided by the policies of Chapter 11—Essential Public Facilities Element of the Comprehensive Plan, subject to the following procedures:

(1)

Essential public facilities shall be located if possible within zoning districts for which the proposed uses are allowed;

(2)

Only if no practicable alternative exists, and then only to the minimum extent possible and in accordance with applicable regulations, shall such facilities be located:

(A)

Where the proposed uses are prohibited; or

(B)

Within lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO); and

(3)

An Unclassified Use Permit shall be obtained in accordance with GCC § 23.04.075.

(a)

Process: An unclassified use permit shall be reviewed under the same process as a Comprehensive Plan Amendment, as specified in GCC 25.12.

(b)

Application Requirements: An applicant for an unclassified use permit shall provide the same application materials as for a petition for a site-specific land use redesignation, as specified in GCC 25.12.030(g)(3). An unclassified use permit shall also include an alternative site analysis evaluating at least two (2) other alternative sites for the proposed facility.

(c)

Approval Criteria: The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following elements:

(1)

The characteristics of the unclassified use will not be unreasonably incompatible with the types of uses permitted in surrounding areas;

(2)

The proposed unclassified use will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units;

(3)

The unclassified use will not materially endanger the health, safety and welfare of the community;

(4)

The unclassified use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the local area;

(5)

The unclassified use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts;

(6)

The location, size and height of buildings, structures, walls and fences and screening vegetation for the unclassified use shall not hinder or discourage the appropriate development or use of neighboring properties;

(7)

The unclassified use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Chapter;

(8)

For unclassified uses outside of UGAs, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists;

(9)

For essential public facilities, no feasible alternative sites exist which better meet the requirements of these criteria;

(10)

The need for the unclassified use at a specific location is documented, taking into account region-wide distribution of facilities and the capacity and location of equivalent facilities;

(11)

For unclassified uses in or adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO), the impacts on the long-term natural resource management and production will be minimized;

(12)

For state-owned essential public facilities, the state shall provide justification for the facility and its location in Grant County based on forecasted needs and a logical service area; and

(13)

For state-owned essential public facilities, the state shall have established a public process by which the residents of the County and of affected and "host" municipalities have a reasonable opportunity to participate in the site selection process.

(d)

Conditions of Approval: If approved, conditions of approval for the unclassified use may include conditions of approval which address the criteria listed above and the following:

(1)

Accessibility;

(2)

Transportation needs and services;

(3)

Public facility and service needs and availability;

(4)

Site design;

(5)

Control of on-site and off-site impacts during construction;

(6)

Facility operations;

(7)

Impacts on critical areas; and

(8)

Any SEPA mitigations.

(a)

Applicability: The provisions of this section shall apply to all zoning districts in Rural and Resource Lands. These provisions are not to be construed to in any way modify, supersede, or abridge federal, state, county or municipal law relative to nuisances; rather, they are only to be used in the interpretation and enforcement of the provisions of this Chapter. Nothing in this section shall affect or impair any right to sue for damages.

(b)

Nuisance: The following shall not be considered a public nuisance:

(1)

Agricultural activities conducted in accordance with Agricultural Best Management Practices;

(2)

Mining and mineral extraction operations, including reclamation of mineral extraction sites, conducted in accordance with Best Management Practices, outside the boundaries of a Mineral Resource Overlay (MRO) zoning district, and between the hours of 7:00 a.m. and 10:00 p.m.;

(3)

Mining and mineral extraction operations, including reclamation of mineral extraction sites, conducted in accordance with Best Management Practices, within the boundaries of a Mineral Resource Overlay (MRO) zoning district, at any time of day; except that, upon submission to the Department of a written letter from any resident of Grant County with a substantive, valid complaint, as determined by the Administrative Official, as to nuisance conditions caused by such mining and mineral extraction operations, the hours of operation shall be limited to between the hours of 7:00 a.m. and 10:00 p.m.; and

(4)

Existing, ongoing agricultural activities and mining and mineral extraction operations that existed prior to surrounding nonagricultural and non-mineral land uses and activities.

(c)

Best Management Practices: Best management practices are generally defined as systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment. Such practices may be subject to varying conditions which include, but are not limited to geographical location, weather, soil or mineral types and conditions, type of crop or livestock, type of mining, and management systems. Generally accepted agricultural best management practices includes those practices historically carried out in the region and those practices defined by the State of Washington, Department of Agriculture, recommendations by the U.S. Department of Agriculture, the Washington State Cooperative Extension Services in Grant County, recommendations of members of the Grant County Fieldman's Association, and other professional and industry agricultural organizations.

(d)

Disclosure and Acknowledgement: Approval of any land division, land use, building, or development of any lands within five hundred (500) feet of lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO) shall be conditioned on the execution by the applicant of a statement of acknowledgment on forms provided by the Department and containing the following language, as applicable:

(1)

"Grant County has established as a priority agricultural operations on lands zoned as Agriculture (AG). The county will not consider to be a nuisance those inconveniences or discomforts arising from agricultural activities, provided such activities are consistent with commonly accepted agricultural best management practices. This property lies within five hundred (500) feet of lands zoned by Grant County as Agriculture (AG). A variety of agricultural activities which are in conformance with existing laws and regulations occur on adjacent lands that may be inconvenient or cause discomfort to residents of this property, including, but not limited to: the application of permitted fertilizers and pesticides; spraying, pruning, harvesting, or extraction; the operation of farm machinery during any 24-hour period; and the storage and disposal of manure; any of which may generate dust, smoke, flies, fumes, noise, odor, glare, vibrations, and truck traffic. I/we hereby acknowledge and accept such inconveniences or discomfort from normal, necessary agricultural activities when such activities are performed in compliance with best management practices and local, state, and federal law. Further, I/we waive for current and future owners and lessees any damages that might occur to building, structures, uses or occupants because of such activities that are conducted in compliance with Agricultural Best Management Practices and local, state, and federal law;" or

(2)

"Grant County has established as a priority mining and mineral extraction operations on lands zoned as Mineral Resource Overlay (MRO). The county will not consider to be a nuisance those inconveniences or discomforts arising from mining and mineral extraction activities, provided such activities are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. This property lies within five hundred (500) feet of lands zoned by Grant County as Mineral Resource Overlay (MRO). A variety of mining and mineral extraction activities which are in conformance with existing laws and regulations occur on adjacent lands that may be inconvenient or cause discomfort to residents of this property, including, but not limited to, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of materials and the operation of heavy equipment and machinery, any of which may cause dust, fumes, noise, glare, vibrations, and truck traffic. I/we hereby acknowledge and accept such inconveniences or discomfort from normal, necessary mining and mineral extraction activities when such activities are performed in compliance with best management practices and local, state, and federal law. Further, I/we waive for current and future owners and lessees any damages that might occur to any building, structures, uses or occupants because of such activities that are conducted in compliance with Best Management Practices and local, state, and federal law."

(e)

Conditions of Approval: Development permit approvals for the use of lands adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO) may be conditioned by the Decision Maker to ensure that the use of such lands shall not interfere with the continued agricultural or mining use in the accustomed manner and in accordance with Best Management Practices of such zoned lands. Anticipated conflicts between proposed new land use or development and existing, ongoing agricultural activities and mining and mineral extraction operations, shall be mitigated by the newer proposed use or development prior to issuance of development or land use permits, provided that such ongoing activities are conducted in accordance with Best Management Practices.

(f)

Setback and Buffers: The Administrative Official shall establish setback and buffer requirements as part of new, non-resource uses and development proposals on lands within or adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO). Such buffer areas shall be a minimum of one hundred (100) feet, and shall be of sufficient size to protect Resource Lands from the impacts of incompatible development and to mitigate against the effects of resource operations on adjacent land uses. Such setbacks and buffers shall occur on the non-resource parcel for which a development right or permit is being sought, and shall favor protection of the maximum amount of lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO).

(g)

During any spraying operation, farmers may post caution signs approved by the Administrative Official within County rights-of-way that read "Caution Spraying in Progress."

(a)

Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying zoning districts. Regulations for overlay districts and subarea plans are specified in GCC 23.04 Article VI and Article VI, respectively.

(a)

Intent: Any lot, building, structure or legal use of land, existing or established at the time of the adoption of this Chapter, shall be permitted to continue. It is the intent of this Chapter:

(1)

To allow these nonconformities to continue until they are removed, but not to encourage their survival, except as expressly provided in this Section;

(2)

That nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district; and

(3)

That nonconforming uses or structures not be allowed to expand except as expressly provided in this Section.

(b)

Nonconforming Lots of Record: In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any legal lot of record existing at the time of the effective date of this Chapter, except as otherwise limited under GCC § 22.04.160, § 22.04.065. Such lot must be in separate ownership and not abut other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zoning district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the zoning district in which such lot is located. Variance of such yard requirements shall be obtained only through action of the Decision Maker pursuant to GCC § 25.04 and § 25.08.

(c)

Repair, Alteration, or Reconstruction of Nonconforming Use, Building or Structure: A nonconforming use, building or structure existing on a legal lot of record may be permitted to be repaired, enlarged, altered, remodeled or reconstructed, under the following conditions:

(1)

Such repairs, alterations or reconstruction shall meet all building code requirements;

(2)

When damaged, a nonconforming use, building or structure may be restored to the configuration existing immediately prior to the time that the structure was damaged, provided that:

(A)

Reconstruction is started within twelve (12) months and is completed within twenty-four (24) months of the date of damage, unless an extension of time is granted by the Administrative Official upon written petition substantiating to the satisfaction of the Administrative Official due cause for such extension;

(B)

After such repair has been completed, the building or structure, including the damaged portions, conforms to all building code requirements; and

(C)

The degree of the nonconforming use, building or structure is not increased.

(d)

Expansion, Modification, or Intensification of Nonconforming Use: Expansion, modification, or intensification of a nonconforming use is allowable subject to a conditional use permit, provided that:

(1)

New nonconformities with the standards of the GCC shall not be created;

(2)

The proposed expansion shall comply with the requirements of the GCC to the maximum extent feasible;

(3)

The proposed expansion shall not have an adverse impact on a critical area or cultural resource as designated in GCC § 24.08; and

(4)

A nonconforming use shall not be permitted to expand beyond the lot on which it is located.

When reviewing a proposed expansion, modification or intensification of nonconforming use as a conditional use, the total impact of the nonconforming use shall be considered as well as the added impact of the incremental changes being proposed and the consistency of the changes with the requirements of the applicable zoning district.

(e)

Abandonment: If any nonconforming use of land and/or building or structure is abandoned and/or ceases for any reason whatsoever for a period of one (1) year or more, any future use of such land, building or structure shall thereafter be in conformity in the zoning district in which it is located. For the purposes of this subsection, the term "abandonment" applies to a nonconforming, unpermitted use, and does not apply to a permitted use.

(f)

Change In and Relocation of Use: If no exterior structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use, provided that the proposed use is equally or more appropriate to the zoning district than the existing nonconforming use. Such a change of use shall be subject to conditional use permit approval. In no case shall a nonconforming use be changed to another nonconforming use which is more intensive or has greater impacts than the existing use. Nonconforming uses may be relocated on the same parcel where they occur if the degree of nonconformity is not increased, subject to a discretionary use permit

(g)

No Replacement of Nonconforming Uses when Airport Hazard: No structures or obstructions of any kind or nature whatsoever constituting a nonconforming use shall be rebuilt, repaired, or replaced where such repairing, rebuilding, or replacement constitutes an airport hazard.

(h)

Expansion of Nonconforming Mobile/Manufactured Home Parks: Expansion of nonconforming mobile/manufactured home parks shall be as specified in GCC § 23.12.230.

(i)

Compliance with this section of the GCC shall not relieve a property owner from compliance with the requirements of the Grant County Building Code and Fire Code or other provisions of GCC Title 23.

(a)

When any person owns or acquires contiguous pieces of property involving descriptions setting forth lots of record which do not meet the requirements of GCC Title 23 related to minimum lot sizes or densities, such lots shall be combined in the following manner:

(1)

If either or both of two (2) lots of record are substandard, they shall be aggregated to form one (1) lot;

(2)

If any of three (3) or more lots of record are substandard, they shall be aggregated in such a way that no substandard lots remain; or

(3)

All contiguous substandard lots of record in a single ownership shall be aggregated into a single lot, even if the resultant lot remains substandard.

(b)

Any lot of record which was legally approved and platted under the Grant County long or short subdivision ordinances or any other legal means need not be combined or aggregated.

(a)

Accessory uses are customarily incidental and subordinate to the principal use of a structure or site. Therefore, accessory uses may only be permitted when a principal use has been established. They must be:

(1)

clearly secondary to, supportive of, and compatible with the principal use(s);

(2)

consistent with the purpose of the zoning district; and

(3)

comply with the provisions of GCC Title 23. The land use category of an accessory use shall be the same as that of the principal use(s) as listed in Tables 3, 4 and 5, unless otherwise specified.

(b)

Allowable accessory uses and structures shall be as specified in Tables 3, 4 and 5, as specified in GCC § 23.08.020, and as listed herein for the various zoning districts.

(c)

Accessory uses and structures are permitted in any zoning district, except as limited or prohibited in this section, GCC § 23.08.020, in Tables 3, 4 and 5, or in the sections covering the various zoning districts in GCC § 23.04.

(a)

The Building Official may issue temporary use permits for the following uses:

(1)

Temporary structures for the housing of equipment or containing supervisory offices, or temporary construction worker housing (excluding farm labor housing as addressed in Section 23.04.120(a)(5)) in connection with major construction projects may be erected and maintained during the progress of such construction projects; provided, that such temporary structures may not be maintained for period exceeding one (1) year except that the Building Official may extend this period based on the individual needs of a specific construction project:

(A)

For any major construction project, a temporary construction worker housing facility may be established within one (1) mile of construction site, with the approval of the Building Official.

(B)

Temporary construction worker housing facilities shall not be located in any residential zone.

(C)

The developer or contractor responsible for completing the construction shall provide a written statement of need for a temporary construction worker housing facility.

(D)

Temporary construction worker housing facilities shall be limited to 39 recreational vehicles.

(E)

Temporary construction worker housing facilities shall be limited to recreational vehicles only (refer to GCC 25.02) or other portable worker housing units as approved by the Building Official.

(F)

Adequate provisions for water and sewer, as deemed appropriate by the Grant County Health District, shall be made without requiring the extension of public water and sanitary sewer services.

(G)

Upon completion of the construction project, the temporary construction worker housing facility must be removed and the site restored to a condition that complies with the standards applicable to the zone in which the property is located. The site restoration must be completed within three (3) months of the completion of the construction project as outlined in item (H) below.

(H)

The construction project shall be considered complete upon final inspection of the site and issuance of the Certificate of Occupancy by the Grant County Building Official or other approved inspection agency.

(I)

Temporary construction worker housing facilities shall conform to all other applicable portions of the Grant County Code.

(2)

Temporary placement of a trailer, mobile home, manufactured home, or recreational vehicle to provide temporary housing while constructing a permanent dwelling on the same lot; provided, that the property owner has an active residential building permit. Such temporary use may not be maintained for a period exceeding one (1) year except that the Building Official may extend this period for no more than one (1) additional year. The temporary use shall be terminated within thirty (30) days of occupancy of the permanent dwelling;

(3)

Temporary placement of a trailer, mobile home, manufactured home, or recreational vehicle adjacent to an existing residence to provide temporary housing for not more than six (6) months while for the care of a terminally ill relative except that the Building Official may extend this period for additional six (6) month terms. The medical condition must be documented by a physician or osteopath that the relative is in hospice care and prognosis is terminal;

(4)

Temporary Manufactured Home: A temporary manufactured home accessory to a farm dwelling unit on property meeting the definition of a farm in RCW 84.34.020 to accommodate agricultural workers and their families employed on the premises, as provided:

(A)

The property must meet the definition of a farm in RCW 84.34.020 (Open Space Taxation).

(B)

Demonstrate compliance with the temporary worker standards in Washington State Law including RCW 19.27, RCW 70.114a, RCW 49.17, RCW 43.22, and RCW 43.70;

(5)

Temporary Farm Labor Camps: Temporary farm labor camps or housing other than manufactured homes accessory to a farm dwelling unit on property meeting the definition of a farm in RCW 84.34.020 to accommodate agricultural workers and their families employed on the premises, as provided:

(A)

The property must meet the definition of a farm in RCW 84.34.020 (Open Space Taxation).

(B)

Demonstrate compliance with the temporary worker standards in Washington State Law including RCW 19.27, RCW 70.114a, RCW 49.17, RCW 43.22, and RCW 43.70;

(C)

The camps shall be occupied no more than eight (8) months in any twelve (12)-month period.

(D)

Use shall be subject to site plan review and approval pursuant to Section § 23.04.140;

(E)

Use shall be subject to conditional use permit pursuant to GCC § 25.08, an open record public hearing conducted by the Hearings Examiner, and approval of the following:

(i)

Department of Community Development;

(ii)

Health Official;

(iii)

County Engineer;

(iv)

Fire Marshall;

(v)

Building Official; and

(vi)

Other local, state and federal officials having jurisdiction.

(F)

The term of any conditional use permit shall be for one (1) year;

(G)

Complaints received pertaining to sanitation, disposal of waste materials, or if the conduct of the camp creates extraordinary requirement for public services, including services of the building, sanitation, planning, or sheriff departments, shall be sufficient cause to revoke or suspend the conditional use permit or to require additional conditions, subject to an open public hearing and decision by the Hearing Examiner;

(6)

Temporary outdoor events pursuant to GCC § 23.08.400;

(7)

Temporary Wireless Communication Facilities pursuant to GCC § 23.08.450; and

(8)

Other mobile or temporary uses not requiring a building permit if allowed within the zoning district, subject to review for adequacy of such factors as access, traffic, noise, land use compatibility, public health and safety. Such permits shall expire one (1) year from issuance, and may be renewed annually for an additional period of one (1) year.

(b)

All temporary structures, except for construction pads and foundations intended to support subsequent seasonal temporary structures, shall be removed upon termination of a temporary permit, and the site shall be restored to existing conditions prior to occupancy of the temporary use.

(a)

Purpose: This section provides for a comprehensive site plan review and approval process for:

(1)

Commercial developments;

(2)

Industrial developments;

(3)

Multi-family, condominium and townhouse developments with more than four (4) dwelling units;

(4)

Mobile/manufactured home parks; and

(5)

Farmworker accommodations pursuant to GCC § 23.08.190.

(b)

Site plan review shall be required prior to the issuance of building and/or development permits. If no building permit and/or development permit is required, Site Plan Review shall be required.

(c)

Applicability: This section applies within the following zoning districts and uses:

(1)

Urban Residential 2 (UR2);

(2)

Urban Residential 3 (UR3);

(3)

Urban Residential 4 (UR4);

(4)

Urban Commercial 1 (UC1);

(5)

Urban Commercial 2 (UC2);

(6)

Urban Light Industrial (ULI);

(7)

Urban Heavy Industrial (UHI);

(8)

Rural Village Residential 1 (RVR1);

(9)

Rural Village Residential 2 (RVR2)

(10)

Rural Village Commercial (RVC);

(11)

Rural Village Industrial (RVI);

(12)

Rural Community (RC);

(13)

Agricultural Service Center (ASC);

(14)

Recreational Development (RD);

(15)

Rural General Commercial (RGC);

(16)

Rural Neighborhood Commercial (RNC);

(17)

Rural Freeway Commercial (RFC);

(18)

Rural Recreational Commercial (RRC);

(19)

Rural Light Industrial (RLI);

(20)

Rural Heavy Industrial (RHI).

(21)

Master Planned Resort (MPR);

(22)

Master Planned Industrial (MPI).

(23)

Marijuana Production, processing, and retail operations

(d)

Land division reviewed under GCC § 22.04, mobile/manufactured home parks reviewed under GCC § 23.08, binding site plans reviewed under GCC § 22.04 Article VII, and planned unit developments reviewed under GCC § 23.04.800 shall not be required to obtain site plan approval under this section, as these types of development require separate review processes.

(e)

Pre-Application Review Conference: Prior to submitting a site plan application, the applicant shall be subject to a pre-application review conference as specified in GCC § 25.04.130, unless waived by the Administrative Official with the concurrence of the applicant.

(f)

Application Requirements: Applications for Site Plan Review shall be on forms prescribed by the Planning Department and include any and all required components of submittal as outlined on the application forms. The Administrative Official may waive any components of the application that are deemed unnecessary for the specific proposal.

(1)

A site plan in a form prescribed by the Administrative Official. The site plan shall be drawn to scale, no smaller than 8½" x 11", and shall include at a minimum:

(A)

Date;

(B)

Graphic and numeric scale;

(C)

A vicinity map;

(D)

North arrow;

(E)

Total acreage;

(F)

Proposed and existing structures including building envelopes and building setback lines;

(G)

Distances between all proposed and existing buildings;

(H)

Distances between all proposed/existing buildings and property lines;

(I)

All proposed or existing uses;

(J)

The location of proposed or existing open space including any required landscaped areas;

(K)

The location and identification of critical areas;

(L)

The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and roadway widths, and additional right-of-way if required on substandard roads;

(M)

Proposed road names;

(N)

Designated floodways and floodplains;

(O)

The number and location of proposed or existing parking spaces on and off the site;

(P)

The location and size of utility trunk lines serving the site;

(Q)

The location and size of water bodies and drainage features, both natural and man made;

(R)

A layout of sewers and septic systems; and

(S)

Existing and proposed easements and existing access;

(g)

Application Review: Review of applications for site plan review shall be as follows:

(1)

Classification of Application: Applications shall be classified as specified in GCC § 25.04.080 and defined in GCC § 25.04.070.

(2)

Review Procedures: When the Administrative Official determines that an application is technically complete, as defined in GCC § 25.04.160, the application shall be processed under procedures specified in GCC § 25.04 Article VII.

(3)

Referral and Review of Application: Pursuant to GCC § 25.04.210, the Administrative Official shall transmit a copy of the application, or appropriate parts of the application, to affected agencies and county departments for review and comment.

(4)

Notice of Application and Hearings: Notice of application and hearings shall be made pursuant to GCC § 25.04 Article VI and VIII, respectively.

(h)

Approval Criteria: Approval criteria shall be as specified for binding site plans in GCC § 22.04.550.

(i)

Duration of Approval: Approval of the site plan shall be effective for two (2) years from the date of original approval by the Decision Maker. If a building permit has not been issued or if construction activity or operation has not commenced within the two (2) year period, the site plan approval shall expire. Upon petition by the land owner or authorized representative, the Administrative Official may grant an extension of one (1) year. If an extension of time is granted, the site plan shall be subject to any new and amended regulations, requirements, policies, or standards in effect at the time of extension. Knowledge of expiration date and initiation of a petition for extension shall be the responsibility of the applicant. The County will not provide notification prior to expiration.

(a)

Applicability: Amendments to the official zoning map that are not contingent upon legislative approval of a comprehensive plan amendment and are consistent with the goals and policies of the comprehensive plan shall be considered a minor zoning amendment (minor rezone). Such minor zoning amendments are limited to a discrete piece of property in single ownership.

(b)

Determination of Consistency: A determination of consistency with the comprehensive plan shall be made by the Administrative Official in accordance with a Type I process as specified in GCC § 25.04.080. A proposed zoning amendment shall be considered a minor amendment when both the existing and proposed zoning district are considered consistent with the future land use designation specified in the Comprehensive Plan, in accordance with Tables 6, 7 and 8. Those zoning districts considered consistent with the various comprehensive plan future land use designations are indicated in Tables 6, 7 and 8 with a "C;" those considered inconsistent are indicated with an "I."

(c)

Appeal of Determination of Consistency: The decision of the Administrative Official regarding consistency review of a petition for rezone may be appealed only as part of an appeal of an underlying building or other construction or development permit decision. If the Administrative Official determines that the requested rezone is not consistent with the comprehensive plan, the applicant may request that the proposed rezone be reviewed as a major rezone as specified in GCC § 23.04.160. The applicant shall file a major rezone application and pay any required fees, as specified in GCC § 23.04.160 or as established by resolution of the Board of County Commissioners.

(d)

Contents of Petition: Petitions for minor rezones shall be in writing, on forms provided by the Department, and shall address the criteria for approval listed below in subsection (f) of this section and such other information as is needed to determine conformance with this chapter and the comprehensive plan. Additional information necessary to review conformance with the criteria for approval may be requested by the Administrative Official at any time during the review process, and shall be provided by the applicant in a timely manner.

(e)

Review Process: Following a determination of consistency as specified in subsection (b) of this section, a petition for minor rezone may be processed at any time. Processing of a minor rezone petition shall be in accordance with Type III procedures as specified in GCC § 25.04.080.

(f)

Criteria for Approval: In reviewing a minor rezone petition, the Decision Maker, as defined in GCC § 25.04.080, shall consider testimony provided at any public hearing and recommendations provided by interested and affected agencies and jurisdictions. The Decision Maker shall grant a minor rezone only if the applicant demonstrates that the requested rezone conforms to all of the criteria set forth below:

(1)

The proposed rezone will not be contrary to the intent or purposes and regulations of the Grant County Code or the Comprehensive Plan;

(2)

The suitability of the property in question for uses allowed under the proposed zoning district;

(3)

The compatibility of the proposed zone change and uses allowed under the proposed zoning district with neighboring land uses;

(4)

The proposed rezone can be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities;

(5)

That substantial changes exist to warrant an amendment to the current zoning district;

(6)

That public need exists for the proposed rezone. Public need shall mean that a valid public purpose, for which the comprehensive plan and this chapter have been adopted, is served by the proposed rezone. Findings that address public need shall, at a minimum, document that:

(A)

Additional land for a particular purpose is required in consideration of the amount already provided by the official zoning map for the current zoning district and the proposed zoning district; and

(B)

The timing is appropriate to provide additional land for a particular zoning district or uses allowed under the proposed zoning district.

(7)

The proposed rezone will not result in significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval;

(8)

The cumulative impact of additional requests for like actions (the total of the rezones over time or space) will not produce significant adverse effects to the environment that cannot be mitigated by conditions of approval;

(9)

The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the neighborhood; and

(10)

The proposed zoning district does not include any allowable use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (RCW 36.70).

(g)

Appeals: Decisions regarding a petition for a minor rezone shall be final unless appealed in accordance with the requirements of GCC § 25.04 Article X.

(a)

Applicability: Proposed amendments to the official zoning map that are not consistent with the goals and policies of the comprehensive plan and are contingent upon legislative approval of a comprehensive plan amendment shall be considered a major zoning amendment (major rezone).

(b)

Determination of Consistency: A determination of consistency with the comprehensive plan shall be made by the Administrative Official as specified in GCC § 23.04.150(b), above.

(c)

Appeal of Determination of Consistency: The decision of the Administrative Official regarding consistency review of a petition for rezone may be appealed only as part of an appeal of an underlying building or other construction or development permit decision.

(d)

Contents of Petition: Petitions for major rezones shall be in writing, on forms provided by the Department, shall contain those items required for a site-specific land use redesignation as specified in GCC § 25.12.030(g)(3), and shall address the criteria for approval listed below in subsection (f) of this section and such other information as is needed to determine conformance with this chapter and the comprehensive plan. Additional information necessary to review conformance with the criteria for approval may be requested by the Administrative Official at any time during the review process, and shall be provided by the applicant in a timely manner. Failure of the applicant to provide sufficient information prior to the annual amendment deadline specified in GCC § 25.12.030(e) may cause the petition to not be docketed for that year's amendment process.

(e)

Review Process: The Growth Management Act authorizes amendments to the Comprehensive Plan no more frequently than once per year in order that the cumulative effects of all such proposed plan amendments are considered. Following a determination of consistency as specified in subsection (b) of this section, a petition for major rezone may be submitted at any time; however, the petition shall be processed in accordance with the annual comprehensive plan amendment schedule, in the same manner as a site-specific land use redesignation as specified in GCC § 25.12.030. Processing of a major rezone petition shall be in accordance with Type III procedures as specified in GCC § 25.04.080.

(f)

Criteria for Approval: In reviewing a major rezone petition, the Decision Maker, as defined in GCC § 25.04.080, shall consider testimony provided at any public hearing and recommendations provided by interested and affected agencies and jurisdictions. The Decision Maker shall grant a major rezone only if the applicant demonstrates that the requested rezone conforms to all of the criteria set forth in GCC § 23.04.150(f), above.

(g)

Appeals: Decisions regarding a petition for a major rezone shall be final unless appealed in accordance with the requirements of GCC § 25.12.100.

(a)

Applicability: Reasonable use exceptions shall only apply to legal lots of record established prior to the effective date of this Chapter. A landowner or applicant may apply for a reasonable use exception pursuant to this section if:

(1)

If the application of this Chapter would result in denial of any fundamental attribute of private property ownership inconsistent with the limitations upon other properties in the zoning district in which the property is situated; or

(2)

If the application of this Chapter would result in denial of all economically viable use of private property as a whole or creates a severe impact on a landowner's economic interest in the property as a whole; and

(3)

If such reasonable and economically viable use of the property cannot be obtained by consideration of a variance pursuant to GCC § 25.08 to one (1) or more individual requirements of this Chapter or other Chapters of the GCC.

(b)

Contents of Application: The application for a reasonable use exception shall include the following:

(1)

A description of the site, and a description of the areas of the site which do not conform to the regulatory requirements of the chapter of the GCC from which the applicant seeks the reasonable use exception;

(2)

A description of the proposed development, including a site plan;

(3)

An analysis of the modification needed to the standards of the GCC chapter from which the applicant seeks the reasonable use exception to accommodate the proposed development; and

(4)

Such other information as the Administrative Official or Decision Maker determines reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development, including, but not limited to, the information required by a Reasonable Use Exception Submittal Requirements checklist as prepared on forms provided by the Department.

(c)

Review Process: Upon receipt of applicable fees, requests for reasonable use exception shall be classified and processed as a Type II permit as specified in GCC § 25.04.260. The Administrative Official may approve the Reasonable Use Exception if the proposed development complies with Criteria for Approval.

(d)

Criteria for Approval:

(1)

Whether the application of this Chapter would deny all economically viable or beneficial uses of the property, absent a demonstration by the county that the proposed use(s) are prohibited by the laws of nuisance or other pre-existing limits on the property which prohibit such use(s);

(2)

Whether there are no other reasonable uses to which the property can be put;

(3)

Whether the proposed use or development poses an unreasonable threat to the harm sought to be avoided by the application of this Chapter or the public health, safety or welfare on or off the site for which the reasonable use exception is sought;

(4)

Whether the inability of the applicant to derive reasonable use of the property is the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this chapter;

(5)

Whether the use exception being sought is the minimum necessary to allow for reasonable uses of the property;

(6)

Whether such use exception being sought is consistent with the general purposes of this chapter and other chapters of the GCC and the public interest;

(7)

Whether the applicant has requested and been denied a variance under the provisions of GCC § 25.08, unless the reasonable use exception being sought includes relief from standards for which a variance cannot be granted; and

(8)

The Administrative Official may issue, as part of the findings in any decision made under this Subsection, conditions of approval, including modifications to the size and placement of structures and facilities to minimize nonconformity to the requirements of this chapter and other chapters of the GCC.

(e)

Combined Review Authority: In those cases where a proposed action seeking a reasonable use exception also requires other county permits, the following procedures shall apply:

(1)

When other permits require a public hearing before the Hearing Examiner, the review of the reasonable use exception shall be combined with the other permit(s); or

(2)

When other permits are administratively approved, review of the reasonable use exception may, at the discretion of the Administrative Official, be combined with other permits. In no case, however, shall approval of other permits dependent on the granting of a reasonable use exception proceed prior to the review and approval of such reasonable use exception.

(3)

In all cases of combined review, the most restrictive provisions for modification and processing shall govern the review of the reasonable use exception request.

(f)

Appeals: Decisions issued on requests for reasonable use exceptions may be appealed according to the provisions of GCC § 25.04 Article X.

(a)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 3. Additional permitted uses shall be as specified herein below for each zoning district.

(b)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 3. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 3. Additional limitations shall be as specified herein below for each zoning district.

(c)

Prohibited Uses: Prohibited uses are listed in Table 3. Additional prohibited uses shall be as specified herein below for each zoning district.

(d)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 1. Additional development standards shall be as specified herein below for each zoning district.

(e)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08. Additional performance standards shall be as specified herein below for each zoning district.

(f)

Site Plan Review: Proposals for (1) commercial, (2) industrial, (3) multi-family, condominium townhouse developments with more than four (4) dwelling units, (4) mobile/manufactured home parks, and (5) farmworker accommodations shall undergo Site Plan Review as specified in GCC § 23.04.140 in the following rural activity center zoning districts:

(1)

Urban Residential 2 (UR2);

(2)

Urban Residential 3 (UR3);

(3)

Urban Residential 4 (UR4);

(4)

Urban Commercial 1 (UC1);

(5)

Urban Commercial 2 (UC2);

(6)

Urban Light Industrial (ULI);

(7)

Urban Heavy Industrial (UHI);

(8)

Rural General Commercial (RGC);

(9)

Rural Neighborhood Commercial (RNC);

(10)

Rural Freeway Commercial (RFC);

(11)

Rural Light Industrial (RLI); and

(12)

Rural Heavy Industrial (RHI).

(g)

Expansion of Pre-Existing Commercial and Industrial Uses: Whenever commercial or industrial uses existing prior to the adoption of this chapter are proposed to expand or make modifications requiring a building permit or other development approval, the development standards of GCC § 23.12 and performance standards of GCC § 23.08 shall apply.

(a)

Purpose: The Urban Residential 1 (UR1) zoning district is established within urban growth areas to provide for suburban, low-density, single-family residential development in areas: (1) adjacent to areas having higher residential densities; (2) situated so that they have potential for scenic views or access to recreational development or water access; (3) located a substantial distance from the urban core such that urban governmental services may not currently be available, but can be provided in the future; or (4) where residential uses can function on interim utility systems until municipal utility services are extended.

(a)

Purpose: The Urban Residential 2 (UR2) zoning district is established within urban growth areas to provide for low density, single-, two-, and multi-family residential development in areas: (1) adjacent to areas having higher residential densities; (2) with good transportation access from and to urban centers; (3) where urban governmental services are either available or can be provided in the future; or (4) where residential uses can function on interim utility systems until municipal utility services are extended.

(a)

Purpose: The Urban Residential 3 (UR3) zoning district is established within urban growth areas to provide for medium density, single-, two-, and multi-family residential development for persons who desire to live in an urban-type environment. The UR3 zoning district is designed to be used in areas: (1) with good transportation access from and to urban centers; (2) that are in close proximity to the urban core and/or neighborhood shopping facilities; and (3) where urban governmental services are currently available.

(b)

Limitations on Accessory Uses and Structures: All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020, Table 3.

(a)

Purpose: The Urban Residential 4 (UR4) zoning district is established within urban growth areas to provide for high density, single-, two-, and multi-family residential development for persons who desire to live in an urban-type environment. The UR4 zoning district is designed to be used in areas: (1) with good transportation access from and to urban centers; (2) that are in close proximity to the urban core and/or neighborhood shopping facilities; and (3) where urban governmental services are currently available.

(b)

Limitations on Accessory Uses and Structures: All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020, Table 3.

(a)

Purpose: The Urban Commercial 1(UC1) zoning districts are established within urban growth areas to provide sites for general commercial areas having a variety of retail, office, personal and professional services, and other commercial activities.

(a)

Purpose: The Urban Commercial 2 (UC2) zoning districts are established within urban growth areas to provide sites for general commercial areas having a variety of retail, office, personal and professional services, and other commercial activities, and for more diversified business types including non-retail commercial, light manufacturing, equipment sales and service, and business uses which are primarily related to automotive traffic.

(b)

Permitted Uses: In addition to those listed in Table 3, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Recreational race tracks.

(a)

Purpose: The purpose of the Urban Heavy Industrial (UHI) zoning district is to allow for industrial developments in urban growth areas that have the potential for more than a minimal level of disturbance to adjacent properties, including heavy manufacturing, processing and industrial development generally not appropriate near residential areas. This zoning district is established to preserve areas for industrial and related uses that could create serious problems of compatibility with other kinds of land uses, and to make provisions for those commercial uses which are most appropriately located as neighbors of industrial uses or that are necessary to service the immediate needs of people in these areas.

(b)

Permitted Uses: In addition to those listed in Table 3, the following uses are allowed outright in this zoning district:

(1)

Agricultural uses, on an interim basis until industrial development occurs; provided that residences shall not be allowed as a principal use; and

(c)

In addition to those listed in Table 3, the following uses are allowed in this zoning district subject to a discretionary use review:

(1)

Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from natural or synthetic materials;

(2)

Repair and storage facilities for equipment, including heavy equipment, marine equipment, boats, airplanes, airplane hangars and trucks;

(3)

Research, development and testing facilities;

(4)

Warehousing, distribution and storage facilities not open to retail customers;

(5)

Wholesale and retail nurseries/greenhouses;

(6)

Incidental retail sales of products manufactured, processed, or assembled on-site;

(7)

Storage of unlicensed and/or inoperable vehicles;

(8)

Offsite Hazardous Waste Treatment and Storage Facilities; provided that (1) such facilities are subject to the state siting criteria adopted pursuant to the requirements of RCW Chapter 70.105.210 and (2) that such facilities are accessory uses pursuant to GCC § 23.04.110 to a primary use which is a generator of hazardous waste; and

(9)

Agriculturally-related industrial uses, including, but not limited to:

(A)

Agricultural processing facilities;

(B)

Animal clinic/hospital;

(C)

Cold storage;

(D)

Commercial composting;

(E)

Fabrication of farm related items;

(F)

Farm management services;

(G)

Farm product processing;

(H)

Fertilizer manufacturing;

(I)

Irrigation systems sales, repair and storage;

(J)

Livestock auction facility;

(K)

Sale of agriculture products produced in the agricultural area;

(L)

Stables, riding clubs;

(M)

Storage and distribution of animal feeds, fertilizers, pesticides and seed;

(N)

Sorting and storage of agricultural products; and

(O)

Wholesale nurseries/greenhouses.

(d)

In addition to those uses listed in Table 3, the following uses are permitted in this zoning district, subject to a conditional use review:

(1)

Commercial uses, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and service stations that primarily serve uses within the urban heavy industrial district; and

(2)

Those uses permitted in the Urban Light Industrial zoning district as discretionary uses.

(a)

Purpose: The purpose of the Urban Light Industrial (ULI) zoning district is provided to allow light manufacturing, limited commercial uses, office parks, medical services, wholesale, warehousing, distribution and storage, equipment storage and repair, and other uses compatible with a light manufacturing zoning district in urban growth areas. The district also allows such commercial uses that serve primarily the industrial district. This zoning district is intended to protect the light industrial area from uses which may interfere with efficient industrial operations, while at the same time protecting adjacent areas from adverse industrial impacts.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this zoning district:

(1)

Agricultural uses, on an interim basis until industrial development; provided that residences shall not be allowed as a principal use; and

(2)

Commercial uses, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and service stations that primarily serve uses within the urban light industrial district.

In addition to those uses listed in Table 3, the following uses are permitted in this zoning district, subject to a discretionary use review:

(1)

Asbestos products;

(2)

Assembly and fabrication of sheet metal products;

(3)

Assembly, manufacture, compounding or treatment of articles or merchandise from the following previously-prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, lacquer, leather, paper, precious or semi- precious metals or stones, shell textiles, tobacco, wood, lumber and yams;

(4)

Boat building;

(5)

Brewery, distillery or winery;

(6)

Cold storage;

(7)

Commercial materials testing laboratories;

(8)

Electroplating shop;

(9)

Enameling or metal coating (galvanizing);

(10)

Fabrication of farm related items;

(11)

Farm product processing;

(12)

Fertilizer manufacturing;

(13)

Freight yard or terminal;

(14)

Fuel oil distributor, retail;

(15)

Fuels, solid yard and fuel alcohol production;

(16)

Grain elevator and flour milling;

(17)

Incidental retail sales of products manufactured, processed, or assembled on-site.

(18)

Industrial laundry;

(19)

Manufacture, compounding, processing, packaging or the treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and beverage products, except sauerkraut, vinegar or pickles;

(20)

Manufacture of pottery and figurines and other similar ceramic products, using only previously pulverized clay;

(21)

Manufacture of cable, cans, candles and guns;

(22)

Manufacture and maintenance of electric and neon signs billboards or commercial advertising structures;

(23)

Manufacture of musical instruments, toys, novelties, rubber or metal stamps;

(24)

Manufacture of optical goods, scientific and precision instruments and equipment;

(25)

Manufacture of artificial limbs, hearing aids, dentures, surgical instruments and dressings, and other devices employed by the medical and dental professions;

(26)

Manufacture or assembly of communication equipment and electronic equipment, supplies and components;

(27)

Metal working shop for the maintenance and repair of equipment;

(28)

Parcel delivery service;

(29)

Plastics molding and plastic product manufacturing;

(30)

Printing, publishing and bookbinding;

(31)

Processing uses such as bottling plants, creameries, laboratories, blue printing and photocopying, tire retreading, recapping and rebuilding;

(32)

Research and development laboratories;

(33)

Repair and storage facilities for equipment, including heavy equipment, marine equipment, boats, airplanes and trucks;

(34)

Sorting and storage of agricultural products;

(35)

Spinning or knitting or cotton, wool, flax or other fibrous materials;

(36)

Starch manufacture;

(37)

Stone, marble and granite monument works;

(38)

Storage buildings and warehouses;

(39)

Storage, sales and distribution of animal feeds, fertilizers, pesticides and seed;

(40)

Storage and sales of building materials, farm supplies, agricultural and contractor equipment, and used equipment in operable condition;

(41)

Storage for building materials, contractors' equipment, house mover, delivery vehicles, transit storage, trucking terminal and used equipment in operable condition;

(42)

Terminal and yard for produce;

(43)

Tire retreading or recapping;

(44)

Veterinary clinics, small animal kennel;

(45)

Welding shop;

(46)

Wholesale business;

(47)

Wholesale and retail nurseries/greenhouses; and

(48)

Agriculturally-related industrial uses, including, but not limited to:

(A)

Agricultural processing, packing and/or shipping facilities;

(B)

Animal clinic/hospital;

(C)

Cold storage;

(D)

Commercial composting;

(E)

Fabrication of farm related items;

(F)

Farm management services;

(G)

Farm product processing;

(H)

Fertilizer manufacturing;

(I)

Irrigation systems sales, repair and storage;

(J)

Sale of agriculture products produced in the agricultural area;

(K)

Stables, riding clubs;

(L)

Stockyards less than forty (40) acres or slaughterhouse;

(M)

Storage and distribution of animal feeds, fertilizers, pesticides and seed;

(N)

Sorting and storage of agricultural products; and

(O)

Wholesale nurseries/greenhouses.

(a)

Purpose: The purpose Open Space/Recreation (OSR) zoning district is to maintain and preserve open, undeveloped areas that are not suitable for intensive development. Such areas may be available for public uses, such as parks or recreation.

(b)

Permitted Uses: In addition to those listed in Table 3, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Golf courses, with accessory uses, such as eating or drinking establishments, pro shops, and clubhouses may be allowed, subject to a conditional use permit, to provide such functions.

(a)

Purpose: The purpose Public Facility (PF) zoning district is to provide areas that are available for public facilities, such as governmental facilities, parks, schools, infrastructure facilities, and other developments intended primarily for public use.

(b)

Limitations on Accessory Uses and Structures: All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020, Table 3, and as follows:

(1)

Parking and Storage of Major Recreational Equipment: Prohibited.

(a)

Purpose: The purpose of the Urban Reserve (UR) zoning district is to provide for reservation of land anticipated to be required for future urban purposes, but for which urban services are not yet available. Prior to the provision of public services, the Urban Reserve zoning district is intended to maintain a low land use density to discourage the establishment of interim uses and land division patterns that may foreclose significant future planning alternatives pertaining to urban densities and the efficient provision of services. Lands in this zoning district are transitional areas between rural and urban lands.

(a)

Purpose: The purpose of the Airport (AP) zoning district is to maintain and enhance aviation-based land uses and activities, including air operations, aviation support activities, aviation-related industries, and aviation-compatible industries by assuring that use of adjacent lands does not interfere with aviation use.

(b)

Applicability: The Airport (AP) zoning district applies only to portions of the Grant County International Airport as designated on the official zoning maps and as shown in Figure 10-1, Airport Land Use Plan in the Grant County Airport Master Plan, prepared by TRA Airport Consulting in association with CH2M Hill, and adopted March 28, 1994, by the Port of Moses Lake Commissioners.

(c)

Permitted Uses: Uses allowed outright are those uses identified in the Grant County Airport Master Plan. In addition, agricultural uses are allowed on an interim basis until airport industrial development occurs; provided that residences shall not be allowed as a principal use. All other uses shall be subject to a conditional use permit.

(d)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and the Grant County Airport Master Plan.

(e)

Prohibited Uses: Prohibited uses are listed in the Grant County Airport Master Plan.

(a)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 4. Additional permitted uses shall be as specified herein below for each zoning district.

(b)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 4. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 4. Additional limitations shall be as specified herein below for each zoning district.

(c)

Prohibited Uses: Prohibited uses are listed in Table 4. Additional prohibited uses shall be as specified herein below for each zoning district.

(d)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 2. Additional development standards shall be as specified herein below for each zoning district.

(e)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08. Additional performance standards shall be as specified herein below for each zoning district.

(f)

Site Plan Review: Proposals for (1) commercial, (2) industrial, (3) multi-family, condominium townhouse developments with more than four (4) dwelling units, (4) mobile/manufactured home parks, and (5) farmworker accommodations shall undergo Site Plan Review as specified in GCC § 23.04.140 in the following rural activity center zoning districts:

(a)

Purpose: The purpose of the Rural Residential 1 (RR1) zoning district is to preserve the residential character and rural aspects of rural residential areas, to provide buffering or transitions between existing rural developments and areas of higher or lower densities, and to provide for low density, single- or two-family residential development. Rural Residential 1 (RR1) areas are characterized by: (1) small-scale farms; (2) dispersed single-family homes on large parcels; (3) being distant from community services necessary to support development of a suburban or urban character; and (4) large areas of open space.

(b)

Permitted Uses: In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Golf courses, with accessory uses, such as eating or drinking establishments, pro shops, and clubhouses may be allowed, subject to a conditional use permit, to provide such functions.

(a)

Purpose: The purpose of the Rural Remote (RRem) zoning district is to differentiate from the higher density rural land use to reflect the area's remoteness and/or limited opportunity for development, to provide land for very low density, single- and two-family residential development. Rural remote areas are generally not suitable for intensive farming and are generally not attractive for residential development. Rural Remote zoning district is intended: (1) to provide opportunities for resource-oriented activities (farming and mineral extraction); (2) to be sensitive to the site's physical characteristics and protect critical areas; (3) to provide opportunities to create open space corridors; (4) to enable efficient road and utility systems; (5) to provide for recreational uses and facilities. The Rural Remote zoning district is not intended to create demands for urban levels of service.

(b)

Permitted Uses: In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Outdoor shooting and archery ranges; and

(2)

Golf courses, with accessory uses, such as eating or drinking establishments, pro shops, and clubhouses may be allowed, subject to a conditional use permit, to provide such functions; and

(3)

Un-named Recreational Uses.

(a)

Purpose: The purpose of the Rural Urban Reserve (RUR) zoning district is to recognize those areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future service from a municipal or privately-owned community water system. This zoning district provides interim low density residential development as a means of preventing establishment of land uses or land use patterns that could foreclose planning options and eventual development or redevelopment at higher urban densities. Such areas are located in close proximity to an urban growth area, but are either beyond the present availability of city water and sewer service, or are not yet urban in character, making them inappropriate for inclusion in the urban growth area. Such areas are deemed necessary to hold in reserve for potential inclusion within an urban growth area in response to future needs as reflected in revised or updated population or employment forecasts or allocations.

(a)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 5. Additional permitted uses shall be as specified herein below for each zoning district.

(b)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 5. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 5. Additional limitations shall be as specified herein below for each zoning district.

(c)

Prohibited Uses: Prohibited uses are listed in Table 5. Additional prohibited uses shall be as specified herein below for each zoning district.

(d)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 3. Additional development standards shall be as specified herein below for each zoning district.

(e)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08. Additional performance standards shall be as specified herein below for each zoning district.

(f)

Site Plan Review: Proposals for (1) commercial, (2) industrial, (3) multi-family, condominium townhouse developments with more than four (4) dwelling units, (4) mobile/manufactured home parks, and (5) farmworker accommodations shall undergo Site Plan Review as specified in GCC § 23.04.140 in the following rural activity center zoning districts:

(1)

Rural Village Residential 1 (RVR1);

(2)

Rural Village Residential 2 (RVR2);

(3)

Rural Village Commercial (RVC);

(4)

Rural Village Industrial (RVI);

(5)

Rural Community (RC);

(6)

Agricultural Service Center (ASC);

(7)

Recreational Development (RD);

(8)

Rural General Commercial (RGC);

(9)

Rural Neighborhood Commercial (RNC);

(10)

Rural Freeway Commercial (RFC);

(11)

Rural Recreational Commercial (RRC);

(12)

Rural Light Industrial (RLI); and

(13)

Rural Heavy Industrial (RHI).

(g)

Expansion of Pre-Existing Commercial and Industrial Uses: Whenever commercial or industrial uses existing prior to the adoption of this chapter are proposed to expand or make modifications requiring a building permit or other development approval, the development standards of GCC § 23.12 and performance standards of GCC § 23.08 shall apply.

(a)

Purpose: The purpose of the Rural Village Residential 1 & 2 (RVR1 & RVR2) zoning districts are to preserve the residential character of identified Rural Villages. Rural Villages recognize the historic, unincorporated communities that are characterized by urban type densities, are self-sufficient villages offering a full range of consumer goods and services, and that may offer some urban services such as community water and fire protection. The Rural Village is generally a compact, self-sufficient town that functions as a small urban center and provides housing, convenience goods, and services to residents in and around the area. The RVR1 & RVR2 zoning districts provide for medium density, single-, two-, and multi-family residential purposes.

(a)

Purpose: The purpose of the Rural Village Commercial (RVC) zoning district is to preserve the commercial areas of identified Rural Villages. Rural Villages recognize the historic, unincorporated communities that are characterized by urban type densities, are self-sufficient villages offering a full range of consumer goods and services, and that may offer some urban services such as community water and fire protection. The RVC zoning district provides convenience goods and services to residents in and around the area. The RVC zoning district is characterized by activities including, but not limited to, small-scale businesses in a compact core, public facilities such as post offices, schools, and fire departments, and services to the traveling public.

(b)

Size Limitations: Except for overnight lodging facilities, gross floor area of primary uses shall not exceed 6,000 square feet per parcel; overnight lodging facilities shall not exceed 35 units and shall not exceed 12,000 square feet of gross floor area per parcel, including any related commercial facilities.

(a)

Purpose: The purpose of the Rural Village Industrial (RVI) zoning district is to preserve the industrial areas of identified Rural Villages. Rural Villages recognize the historic, unincorporated communities that are characterized by urban type densities, are self-sufficient villages offering a full range of consumer goods and services, and that may offer some urban services such as community water and fire protection. The RVI zoning district provides light, small-scale industrial and manufacturing activities.

(a)

Purpose: The Rural Community (RC) zoning districts provide a rural activity center where rural residents and others can gather, work, shop, entertain and reside. Rural Communities recognize the historic, unincorporated communities that are characterized by urban type densities and that may offer some urban services such as community water, limited commercial uses, and fire protection. This zoning district in intended to provide for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area. The RC zoning district is characterized by mixed-use activities including, but not limited to, single- and two-family family residential use, small-scale industries and businesses, public facilities such as post offices, schools, and fire departments, and open space. The RC zoning district will also accommodate commercial and light industrial uses, but only after a site specific review process to determine and address potential impacts.

(b)

Size Limitations: Retail and service uses shall not exceed three thousand (3,000) square feet of gross floor area per establishment; overnight lodging facilities shall not exceed twenty (20) units and shall not exceed six thousand (6,000) square feet of gross floor area per parcel, including any related commercial facilities.

(a)

Purpose: The Agricultural Service Center (ASC) zoning district and related industrial uses that are commonly accepted in the rural area which facilitate the production of agricultural products are permissible in the ASC zoning district. This zoning designation allows related processing facilities, limited agricultural resource sales and support services that support local agriculture resource activities, and which are not detrimental to the agriculture base in the long term. Agricultural Service Centers recognize the historic, unincorporated communities that are characterized by agricultural processing facilities and limited agricultural services that support local agricultural activities, including small- and large-scale agricultural industries and businesses in a compact core, single family residences, and open space. Commercial elements of Agricultural Service Center zoning districts are generally small, compact, isolated businesses, such as restaurants, cafes, drinking establishments, feed stores, farm and garden supplies, groceries and drug stores, gas stations, automobile, truck and heavy equipment service, repair, storage and sales, and other small-scale businesses, including residences in conjunction with such businesses. This zoning district provides for a mixture of land uses including single-family residential, commercial, and industrial. Commercial and industrial uses are allowed only after a site specific review process to determine and address potential impacts.

(b)

Permitted Uses: In addition to those uses listed in Table 5, uses related to agriculture allowed outright in ASC zoning district include, but are not limited to:

(1)

Feed stores;

(2)

Farm management services;

(3)

Irrigation systems sales, service, and storage;

(4)

Wholesale distribution of animal feeds, fertilizers, pesticides, seeds and similar agricultural products and materials;

(5)

Cold storage;

(6)

Fabrication of farm related items;

(7)

Farm product processing;

(8)

Fertilizer manufacturing;

(9)

Sale of agriculture products produced in the agricultural area;

(10)

Storage, sales and distribution of animal feeds, fertilizers, pesticides and seed;

(11)

Storage and sales of building materials, farm supplies, agricultural and contractor equipment, and used equipment in operable condition;

(12)

Sorting and storage of agricultural products;

(13)

Metal working shop for the maintenance and repair of equipment used by the primary permitted natural resource industrial use;

(14)

Research and development laboratories related to agriculture;

(15)

Commercial materials testing laboratories related to agriculture; and

(16)

Industrial vehicle storage facility for vehicles which only serve natural resource industries.

(a)

Purpose: The Recreational Development (RD) zoning district provides for single-family residential and commercial development related to seasonal, resort-related, or tourist activities in rural areas. This zoning district provides for commercial development, including hotels, condominiums, vacation home rentals, retail stores, restaurants, golf courses, marinas, open space, and similar recreational or tourist activities. This designation also provides for residential development on small parcels that can physically support such development without requiring urban service levels.

(a)

Purpose: The Shoreline Development 1 (SD1) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requiring urban service levels.

(a)

Purpose: The Shoreline Development 2 (SD2) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requiring urban service levels.

(a)

Purpose: The Shoreline Development 3 (SD3) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requiring urban service levels.

(a)

Purpose: The Shoreline Development 4 (SD4) zoning district provides for single-family residential development related to shorelines in rural areas on parcels that can physically support such development without requiring urban service levels.

(a)

Purpose: The Rural General Commercial (RGC) zoning district provides areas for general commercial uses having a variety of retail, office, personal and professional services, and other commercial activities, and for more diversified business types including non-retail commercial, light manufacturing, equipment sales and service, and business uses which are primarily related to automotive traffic. This zoning district provides for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area. This zoning district is typically located along or adjacent to major traffic arterials. New uses located on previously undeveloped parcels in this zoning district shall be limited to those specified in subsection (c), below.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright on previously developed parcels in this zoning district:

(1)

Antique shop;

(2)

Automobile and trailer sales;

(3)

Billboards and outdoor advertising in conformity with applicable laws and regulations;

(4)

Barber and beauty shops;

(5)

Cabinet shop;

(6)

Clothing and apparel store;

(7)

Custom cannery;

(8)

Department and discount stores;

(9)

Dry cleaning;

(10)

Drug store;

(11)

Dry goods store;

(12)

Electrical and plumbing supply;

(13)

Electronic appliance sales and service;

(14)

Espresso stands with or without drive through;

(15)

Florist and garden supplies;

(16)

Frozen food lockers;

(17)

Grocery, fruit or vegetable store, meat market;

(18)

Gift shop;

(19)

Hardware or electric appliance store;

(20)

Health spas, tanning salons;

(21)

Internet service providers;

(22)

Jewelry store;

(23)

Mobile/manufactured home, camper, trailer and recreational vehicle sales and service;

(24)

Notions or variety store;

(25)

Photography studio;

(26)

Printing, copying or publishing service;

(27)

Radio or television station;

(28)

Retail bakery or confectionery;

(29)

Retail Lumber yard and building materials;

(30)

Self-service laundry;

(31)

Shore repair shop, shoe store;

(32)

Sign shop;

(33)

Stationary store;

(34)

Tailor shop;

(35)

Theater, walk-in or drive-in, auditorium, grandstand, and arenas;

(36)

Tire shop;

(37)

Wholesale office and showrooms, with merchandise on the premises limited to samples only; and

(38)

Similar uses pursuant to GCC § 23.04.040.

In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Mortuary or funeral home; and

(2)

A cemetery when associated with an onsite mortuary or funeral home.

(c)

Limitations on New Uses on Undeveloped Parcels: New uses located on previously undeveloped parcels in this zoning district shall be limited to the following:

(1)

Those uses permitted in the Rural Recreational Commercial zoning district, as specified in GCC § 23.04.550(b);

(2)

Personal & Professional Services;

(3)

Residential Care Facilities;

(4)

Day Care Types 1 and 2; and

(5)

Bed & Breakfast Residences.

(a)

Purpose: The purpose of the Rural Neighborhood Commercial (RNC) zoning district is to provide for limited, small scale neighborhood commercial activity centers providing retail, service and office uses where rural residents and others can gather, work, shop, entertain and reside. This zoning district provides for a range of commercial uses and services to meet the everyday needs of rural residents and natural resource industries, to provide employment opportunities for residents of the rural area, and to provide goods, services, and lodging for travelers and tourists to the area. The RNC zoning district is characterized by: (1) small buildings; (2) low traffic generation; and (3) operations with little late night activity. New uses located on previously undeveloped parcels in this zoning district shall be limited to those specified in subsection (c), below.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright on previously developed parcels in this zoning district:

(1)

Antique shop;

(2)

Barber and beauty shops;

(3)

Clothing and apparel store;

(4)

Drug store;

(5)

Dry cleaning;

(6)

Dry goods store;

(7)

Espresso stands with or without drive through;

(8)

Electronic appliance sales and service;

(9)

Florist and garden supplies;

(10)

Grocery, fruit or vegetable store, meat market;

(11)

Gift shop;

(12)

Hardware or electric appliance store;

(13)

Jewelry store;

(14)

Notions or variety store;

(15)

Photography studio;

(16)

Retail bakery or confectionery;

(17)

Self-service laundry;

(18)

Shore repair shop, shoe store;

(19)

Stationary store;

(20)

Tailor shop; and

(21)

Similar uses pursuant to GCC § 23.04.040.

(c)

Limitations on New Uses on Undeveloped Parcels: New uses located on previously undeveloped parcels in this zoning district shall be limited to the following:

(1)

Those uses permitted in the Rural Recreational Commercial zoning district, as specified in GCC § 23.04.550(b);

(2)

Personal & Professional Services;

(3)

Residential Care Facilities;

(4)

Day Care Types 1 and 2; and

(5)

Bed & Breakfast Residences.

(d)

Size Limitations: Retail, office and service uses shall not exceed 3,000 square feet of gross floor area per establishment.

(a)

Purpose: The purpose of the Rural Freeway Commercial (RFC) zoning district is to provide for commercial facilities and uses outside of Urban Growth Areas in the vicinity of interchanges and frontage and access roads of limited access highways, specifically Interstate 90. This zoning district provides facilities and services to accommodate conventions, tourists, local populations, and provide the traveling public with necessary goods and services. To preserve the rural character where parcels in this zone are located, it is important to limit the size of allowable structures. However, given the remote locations of these sites, immediate access to significant transportation routes and the larger lot sizes available in the zone, these sites may attract uses that are incidental, supportive, and necessary to the resource-based community found in Grant County.

(b)

Size Limitations: For parcels less than ten (10) acres in gross size, the maximum allowable floor area shall be six thousand (6,000) square feet. For parcels greater than ten (10) acres, the maximum allowable floor area for the primary use shall be twelve thousand (12,000) square feet. In all instances, the maximum allowable floor area dedicated to retail uses shall be limited to four thousand five hundred (4,500) square feet and shall not be construed as an additional square footage allowance.

(c)

Uses on parcels located adjacent to agricultural zoning districts shall not adversely impact the natural resource production in the area and shall not require extension of urban water and sewer services.

(a)

Purpose: The Rural Light Industrial (RLI) zoning district is provided to allow light manufacturing, processing, fabrication and storage of products, wholesale, warehousing, distribution and storage, equipment storage and repair, and other uses compatible with a light manufacturing district. The district also allows such commercial uses that serve primarily the industrial district. This zoning district is intended to protect the light industrial area from uses which may interfere with efficient industrial operations, while at the same time protecting adjacent areas from adverse industrial impacts. New uses located on previously undeveloped parcels in this zoning district shall be limited to those specified in subsection (c), below.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this zoning district:

(1)

Agricultural uses, on an interim basis until industrial development; provided that residences shall not be allowed as a principal use; and

(2)

Commercial uses on previously developed parcels, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and service stations that primarily serve uses within the heavy industrial district.

In addition to those listed in Table 5, the following uses are permitted on previously developed parcels in this zoning district, subject to a discretionary use review:

(1)

Asbestos products;

(2)

Assembly and fabrication of sheet metal products;

(3)

Assembly, manufacture, compounding or treatment of articles or merchandise from the following previously-prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, lacquer, leather, paper, precious or semi- precious metals or stones, shell textiles, tobacco, wood, lumber and yams;

(4)

Boat building;

(5)

Brewery, distillery or winery;

(6)

Cold storage;

(7)

Commercial materials testing laboratories;

(8)

Electroplating shop;

(9)

Enameling or metal coating (galvanizing);

(10)

Fabrication of farm related items;

(11)

Farm product processing;

(12)

Fertilizer manufacturing;

(13)

Freight yard or terminal;

(14)

Fuel oil distributor, retail;

(15)

Fuels, solid yard and fuel alcohol production;

(16)

Grain elevator and flour milling;

(17)

Incidental retail sales of products manufactured, processed, or assembled on-site.

(18)

Industrial laundry;

(19)

Manufacture, compounding, processing, packaging or the treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and beverage products, except sauerkraut, vinegar or pickles;

(20)

Manufacture of pottery and figurines and other similar ceramic products, using only previously pulverized clay;

(21)

Manufacture of cable, cans, candles and guns;

(22)

Manufacture and maintenance of electric and neon signs billboards or commercial advertising structures;

(23)

Manufacture of musical instruments, toys, novelties, rubber or metal stamps;

(24)

Manufacture of optical goods, scientific and precision instruments and equipment;

(25)

Manufacture of artificial limbs, hearing aids, dentures, surgical instruments and dressings, and other devices employed by the medical and dental professions;

(26)

Manufacture or assembly of communication equipment and electronic equipment, supplies and components;

(27)

Metal working shop for the maintenance and repair of equipment;

(28)

Parcel delivery service;

(29)

Printing, publishing and bookbinding;

(30)

Processing uses such as bottling plants, creameries, laboratories, blue printing and photocopying, tire retreading, recapping and rebuilding;

(31)

Research and development laboratories;

(32)

Repair and storage facilities for equipment, including heavy equipment, marine equipment, boats, airplanes and trucks;

(33)

Sorting and storage of agricultural products;

(34)

Spinning or knitting or cotton, wool, flax or other fibrous materials;

(35)

Starch manufacture;

(36)

Stone, marble and granite monument works;

(37)

Storage buildings and warehouses;

(38)

Storage, sales and distribution of animal feeds, fertilizers, pesticides and seed;

(39)

Storage and sales of building materials, farm supplies, agricultural and contractor equipment, and used equipment in operable condition;

(40)

Storage for building materials, contractors' equipment, house mover, delivery vehicles, transit storage, trucking terminal and used equipment in operable condition;

(41)

Terminal and yard for produce;

(42)

Tire retreading or recapping;

(43)

Veterinary clinics, small animal kennel;

(44)

Welding shop;

(45)

Wholesale business;

(46)

Wholesale and retail nurseries/greenhouses; and

(47)

Agriculturally-related industrial uses, including, but not limited to:

(A)

Agricultural processing, packing and/or shipping facilities;

(B)

Animal clinic/hospital;

(C)

Cold storage;

(D)

Commercial composting;

(E)

Fabrication of farm related items;

(F)

Farm management services;

(G)

Farm product processing;

(H)

Fertilizer manufacturing;

(I)

Irrigation systems sales, repair and storage;

(J)

Livestock auction facility;

(K)

Sale of agriculture products produced in the agricultural area;

(L)

Stables, riding clubs;

(M)

Storage and distribution of animal feeds, fertilizers, pesticides and seed;

(N)

Sorting and storage of agricultural products; and

(O)

Wholesale nurseries/greenhouses.

(c)

Limitations on New Uses on Undeveloped Parcels: New uses located on previously undeveloped parcels in this zoning district shall be limited to the following:

(1)

Agriculturally-related industrial uses specified in subsection (b)(47), above;

(2)

Industrial uses related to mining and mineral extraction; and

(3)

Industrial uses requiring large secluded areas away from urban growth centers and not requiring urban water and sewer services.

(a)

Purpose: The Rural Heavy Industrial (RHI) zoning district is to allow for industrial developments in rural areas that have the potential for more than a minimal level of disturbance to adjacent properties, including heavy manufacturing, processing and industrial development generally not appropriate near residential areas. This zoning district is established to preserve areas for industrial and related uses that could create serious problems of compatibility with other kinds of land uses, and to make provisions for those commercial uses which are most appropriately located as neighbors of industrial uses or that are necessary to service the immediate needs of people in these areas. New uses located on previously undeveloped parcels in this zoning district shall be limited to those specified in subsection (c), below.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this zoning district:

(1)

Agricultural uses, on an interim basis until industrial development occurs; provided that residences shall not be allowed as a principal use; and

(2)

Commercial uses on previously developed parcels, including offices, banks, restaurants, convenience stores, cafes, bars, taverns and service stations that primarily serve uses within the heavy industrial district.

In addition to those listed in Table 5, the following uses are permitted on previously developed parcels in this zoning district subject to a discretionary use review:

(1)

Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from natural or synthetic materials;

(2)

Repair and storage facilities for equipment, including heavy equipment, marine equipment, boats, airplanes and trucks;

(3)

Research, development and testing facilities;

(4)

Warehousing, distribution and storage facilities not open to retail customers;

(5)

Wholesale and retail nurseries/greenhouses;

(6)

Incidental retail sales of products manufactured, processed, or assembled on-site;

(7)

Storage of unlicensed and/or inoperable vehicles; and

(8)

Offsite Hazardous Waste Treatment and Storage Facilities; provided that (1) such facilities are subject to the state siting criteria adopted pursuant to the requirements of RCW Chapter 70.105.210 and (2) that such facilities are accessory uses pursuant to GCC § 23.04.110 to a primary use which is a generator of hazardous waste.

In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Recreational race tracks;

(2)

Those uses permitted in the Rural Light Industrial zoning district subject to a discretionary use review.

(c)

Limitations on New Uses on Undeveloped Parcels: New uses located on previously undeveloped parcels in this zoning district shall be limited to the following:

(1)

Agriculturally-related industrial uses specified in subsection (b)(47), above;

(2)

Industrial uses related to mining and mineral extraction; and

(3)

Industrial uses requiring large secluded areas away from urban growth centers and not requiring urban water and sewer services.

(a)

Purpose: This zoning district provides for commercial uses related to the County's abundant recreational opportunities and scenic and natural amenities.

(b)

Permitted Uses: In addition to those listed in Table 5, the following uses are allowed outright in this zoning district:

(1)

Cabins and other forms of overnight lodging that are rural in scale. New residential development shall not be permitted. New residential development includes the subdivision or sale of land for year-round or second-home residential housing that is owner-occupied or rented. Lodging operators may not allow any person to occupy overnight lodging on the premises for more than four (4) months in any year;

(2)

Commercial boathouses;

(3)

Commercial facilities, such as restaurants and small retail shops, if they serve the primary recreational or tourist use;

(4)

Display gardens;

(5)

Outdoor recreational equipment rental and/or guide services; and

In addition to those listed in Table 5, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Animal preserve;

(2)

Recreational race track;

(3)

Motorized, off-road vehicle (ORV), and all-terrain vehicle (ATV) parks and recreational areas;

(4)

Conference center;

(5)

Recreational, cultural or religious retreats (non-residential); and

(6)

Golf courses, including accessory uses, such as eating or drinking establishments, pro shops, and clubhouses.

(c)

Size Limitations: The maximum number of overnight lodging shall be thirty-five (35) units of built (fixed or mobile) lodging; this limit does not apply to the number of camping sites or recreational vehicle hookups within a campground or resort. Retail and service uses shall not exceed three thousand (3,000) square feet of gross floor area per establishment with not more than three (3) establishments in any one (1) CR zoning district.

(a)

Purpose: The purpose of the Agricultural zoning district (AG) is to provide land for continued farming activities, conserve agricultural land, and reaffirm agricultural use, activities and operations as the primary use of the zoning district. The zoning district is composed mainly of lands with highly productive soil that is generally suited to crop agriculture, agricultural related industries, livestock maintenance, existing public irrigation facilities and potential future expansion of the Columbia Basin Irrigation Project.

(b)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 4. In addition to those listed in Table 4 the following uses are allowed outright in this zoning district:

(1)

Farm-based business and enterprise including, but not limited to, direct marketing of unprocessed and value-added agricultural products and agricultural support businesses;

(2)

Management an harvest of any crop and the usual accessory buildings and structures;

(3)

Composting;

(4)

Lagoons for livestock and poultry waste, which shall be designed, constructed and managed in accordance with agricultural best management practices;

(5)

On-site sorting, bagging, storage, and similar wholesale processing activities of agricultural products that are predominantly grown on-site or produced principally from the entire commercial farm operation, provided that such activities shall be limited to those which are integrally related to the agricultural production and harvesting process;

(6)

Soil-dependent greenhouses in which agricultural production occurs directly, and at ground level, in the native, indigenous soil on the site, or where such production is directly related to surrounding agricultural uses as part of the commercial farm operation, such as providing early starts to seedlings which are later transplanted to adjacent fields, or the production of seed crops which must be separated from field crops to prevent cross-pollination. Non-soil-dependent greenhouses in which plants are grown on cement or gravel beds, in elevated platforms, or otherwise not directly at the ground level in the native, indigenous soil are not permitted, unless such production is directly related to surrounding agricultural uses as part of the commercial farm operation;

(7)

Wholesale nurseries; and

(8)

Farm oriented feedlots.

In addition to those listed in Table 4 the following uses are allowed in this zoning district subject to a discretionary use permit:

(1)

Sugar Refinery Accessory Uses: Uses ancillary to a primary agriculture processing facility located in an industrial zone, relating to refining of sugar, and which are a necessary and incidental part of the agriculture processing facility may be allowed subject to discretionary review for conformance with the requirements of GCC § 23.08.380 and any applicable development standards of GCC § 23.12;

(2)

Non-soil-dependent greenhouses in which plants are grown on cement or gravel beds, in elevated platforms, or otherwise not directly at the ground level in the native, indigenous soil. Should the operation cease, then the land must return to its former state or be put into agricultural production;

(3)

Retriever/field trial dog training facility;

(4)

Temporary outdoor events; and

(5)

Agriculturally-related industrial uses, including, but not limited to:

(A)

Agricultural processing, packing and/or shipping facilities;

(B)

Animal clinic/hospital;

(C)

Cold storage;

(D)

Commercial composting;

(E)

Fabrication of farm related items;

(F)

Farm management services;

(G)

Farm product processing;

(H)

Fertilizer manufacturing;

(I)

Irrigation systems sales, repair and storage;

(J)

Livestock auction facility;

(K)

Sale of agriculture products produced in the agricultural area;

(L)

Stables, riding clubs;

(M)

Storage and distribution of animal feeds, fertilizers, pesticides and seed;

(N)

Sorting and storage of agricultural products; and

(O)

Wholesale nurseries/greenhouses.

In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Outdoor shooting and archery ranges;

(2)

Permanent or seasonal roadside retail sales stands larger than 300 square feet;

(3)

Impoundments greater than 1 acre feet in size which do not function as manure lagoons;

(4)

Agricultural resource research and training facility;

(5)

Animal clinics, hospitals, kennels, cemeteries and training schools on a parcel having a minimum lot area of five (5) acres. Such use shall be regulated under GCC § 23.08.050 and GCC § 23.08.440 and as follows:

(A)

Buildings and fenced running areas shall be located a minimum distance of fifty (50) feet from the property line and seven hundred fifty (750) feet from any existing dwelling other than the dwelling of the owner; and

(6)

Mining, mineral extraction and mineral processing; provided that the area is located within a MRO zoning district and on a parcel having a minimum lot area of five (5) acres. Such use shall be regulated under GCC § 23.08.260 and as follows:

(A)

No such mining operation shall be located less than one thousand (1,000) feet from any residentially zoned district; and

(B)

No production shall be permitted nearer than fifty (50) feet from any property line.

(c)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 3. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 4. In addition to those accessory uses specified above, the following accessory uses to an agricultural use in all zoning districts are permitted:

(1)

Outdoor storage of processed and unprocessed natural materials, waste materials, or other similar materials;

(2)

Impoundments under 1 acre feet in volume;

(3)

Farm animal or horticultural viewing by the public;

(4)

U-pick sales to the public;

(5)

Storage and/or processing of agricultural products; and

(6)

Miscellaneous agricultural support buildings, including barns, sheds, corrals, and coops, which are used for on-site soil-dependent agriculture.

(d)

Prohibited Uses: Prohibited uses are listed in Table 4.

(e)

Size Limitations: The maximum area for development on lands designated as Prime Farmland (according to the NRCS Soil Survey) and those under agricultural production which is not related to agriculture uses and activities shall be limited to twenty percent (20%) of the parcel area, but not less than one (1) acre, regardless of the assigned density. Further, in the division of a parcel meeting this requirement by any means, the allowable area for conversion of the parent parcel to non-farm use shall not be exceeded. This shall not apply to parcels smaller than five (5) acres.

(f)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 2.

(g)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08.

(a)

Purpose: The purpose of this designation is to identify areas that have some agricultural opportunities in a rural setting. Such areas are those that are not as suitable for intensive farming as Agricultural Resource lands but some agricultural use can occur with land management. The primary land uses in these areas include, but are not limited to grazing, mineral extraction, limited dryland agriculture, open space, and residential. The maximum density is one (1) dwelling unit per forty (40) acres. Lands are typically too far from the urban area to enable cost-effective provision of public services. Such areas require on-site water and sewer service, may be outside of fire service, or have other site constraints. They may be outside existing main road networks and distant from existing utilities.

(b)

Allowed Uses: Allowed uses are listed in GCC § 23.04, Table 2.

(c)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements are specified in GCC § 23.12, Table 2.

(d)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this district are specified in GCC § 23.08.

(a)

Purpose: Overlay Zoning Districts provide regulations in addition to those of other sections in this UDC for certain land areas and for uses which warrant specific recognition and management. See the Grant County Official Zoning Maps for the location of the Overlay Zoning Districts. Except as otherwise provided in this Section, the provisions of an Overlay Zoning District shall prevail over any conflicting provisions of this UDC for the duration of the overlay zoning district, subject to Chapter 36, RCW. All other provisions of this UDC shall remain in full force and effect within the Overlay District. The following types of Overlay Zoning Districts are provided in this UDC:

(1)

Open Space Conservation (OSC);

(2)

Public Open Space (POS);

(3)

Mineral Resource Overlay (MRO);

(4)

Aerospace Overlay (AO);

(5)

Airport Safety Overlay (ASO);

(6)

Critical Areas pursuant to GCC § 24.08; and

(7)

Cultural Resource Areas pursuant to GCC § 24.08.

(b)

An overlay zoning district imposes requirements in addition to those normally required in the underlying zoning district. Except as otherwise provided in this section, the provisions of an overlay zoning district shall prevail over any conflicting provision of the GCC. All other provisions of the GCC shall remain in full force and effect within the overlay zoning district.

(c)

The official zoning maps may not portray overlay zoning districts at this time, and do not provide a definitive answer as to whether any overlay zoning district regulations apply to a particular parcel. The presence of an overlay zoning district will be determined by the applicant and the Department as part of the project permit review process.

(d)

The official zoning maps do portray the open space land use designation; however those lands are comprised of two (2) distinct overlay zoning districts: (1) Open Space Conservation (OSC) and (2) Public Open Space, as defined herein.

(e)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses are listed in Table 4. Additional permitted uses shall be as specified herein below for each zoning district.

(f)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 4. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 4. Additional limitations shall be as specified herein below for each zoning district.

(g)

Prohibited Uses: Prohibited uses are listed in Table 4. Additional prohibited uses shall be as specified herein below for each zoning district.

(h)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 2. Additional development standards shall be as specified herein below for each zoning district.

(i)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08. Additional performance standards shall be as specified herein below for each zoning district.

(a)

Purpose: The Open Space Conservation zoning district is comprised of privately-owned lands within the Open Space land use designation shown on the official zoning maps. The purpose of the Open Space Conservation zoning district is to reflect the area's remoteness and unique resources. The OSC zone is intended to: (1) provide opportunities for resource-oriented activities (farming and mineral extraction); (2) be sensitive to the site's physical characteristics and protect critical areas; (3) provide opportunities to create open space corridors; and (4) not create demands for urban level services. The OSC zoning district allows for limited residential development, or for the enjoyment of recreation, scenic amenities, or for the protection of environmentally sensitive areas.

(b)

Permitted Uses: In addition to those listed in Table 4, the following uses are allowed outright in this zoning district:

(1)

Passive recreation, subject to permission from the private land owner;

(2)

Trails or educational enterprises designed to offer special access to natural resource-based and recreational opportunities on lakes, creeks, streams, river corridors, shorelines, and areas with prominent views; and

(3)

Single-family residential development.

(a)

Purpose: The Public Open Space zoning district is comprised of publicly-owned lands within the Open Space land use designation shown on the official zoning maps. The POS zoning district includes lands owned by a federal, state or local government entity, which are maintained as closely as possible to their natural state. The resources present on these lands are unique or rare, and are at risk of loss or damage. The primary use of these lands is resource conservation and low-intensity public recreation. The POS zoning district is dedicated or reserved for public use, or for the enjoyment of low-intensity recreation, scenic amenities, or for the protection of environmentally sensitive areas, habitat and species. For example, the following State parks are designated in this zoning district: Potholes State Park, Sun Lakes State Park, Summer Falls State Park, and Steamboat Rock State Park. Those publicly-owned parcels within the Open Space land use designation along the Columbia River, Beezley Hills, Potholes Reservoir, Ancient Lakes area, Crab Creek drainage area, Grand Coulee recreational area, Wahluke Slope, Saddle Mountains, Moses Lake, Priest Rapids and Wanapum Reservoirs, Lake Lenore, Banks Lake, Lake Roosevelt, and Billy Clapp Lake, among others, are also included in this zoning district.

(b)

Permitted Uses: In addition to those listed in Table 4, the following uses are allowed outright in this zoning district:

(1)

Historic sites open to the public;

(2)

Passive recreation;

(3)

Public open spaces, including state and federal parks, recreational areas, and wildlife management areas;

(4)

Open Space Parks that showcase significant historic, archaeological, scientific, cultural or unique natural features or landscape features or natural processes;

(5)

Trails or educational enterprises designed to offer special access to natural resource-based and recreational opportunities on lakes, creeks, streams, river corridors, shorelines, and areas with prominent views; and

In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Cultural and interpretive facilities; provided that they are limited to those designed for the purpose of conserving or interpreting the natural or cultural history of the property or for the education of visitors about its natural or cultural resources. Any such facility shall be small in scale, shall leave the majority of the site undisturbed, and shall have no more than a minimal impact of the character or value of the conservation area;

(2)

Primitive campgrounds;

(3)

Temporary outdoor events;

(a)

Purpose: The purpose of the Mineral Resource Overlay (MRO) zoning district is to maintain and enhance natural resource-based industries by conserving mineral resource lands, allowing continued operation of existing legally established uses, and by assuring that use of adjacent lands does not interfere with the extraction and quarrying of minerals. The MRO recognizes those areas that are designated to protect long-term, commercially viable mineral natural resource lands and recognizes that mineral resources must be in close and economic proximity to the market to be served.

(b)

Applicability: The MRO zoning district applies to those areas that are designated as Mineral Lands of Long Term Commercial Significance in the Grant County Comprehensive Plan or subsequent to a petition approved by legislative action as specified herein. The Department shall maintain a listing of those lands to which a MRO zoning district applies. Said listing shall provide precise boundaries of said MRO zoning districts.

(c)

Designation Procedure: Additional MRO zoning districts may be applied based on the criteria specified in subsection (e) of this section, only upon acceptance of a complete application for designation as a MRO zoning district from an owner of the land or mineral right, and upon approval by legislative action for a site-specific land use redesignation pursuant to GCC § 25.12.130.

(d)

Pre-existing, Nonconforming Mining Operations: The following shall apply to mining operations lying outside of a MRO zoning district and in operation at the time of adoption of this chapter:

(1)

Mining operations covered by a valid DNR surface mining permit (i.e., those mining operations operating within an urban growth area or rural activity center) may continue to operate on the permitted mining site. Expansion of the existing operations shall not extend beyond the geographical and/or operational limits imposed by the existing permit or beyond the legal parcel on which the permitted use is located, whichever is less.

(2)

Mining operations not covered by a valid DNR surface mining permit that are in operation at the time of adoption of this chapter may continue to operate for a period not to exceed two (2) years; provided, that the mining operation does not expand in service, geographical limits, or operational limits in existence at the time of adoption of this chapter.

(3)

An application for designation as an MRO zoning district may be submitted at any time in accordance with subsection (c) above.

(e)

Designation Criteria: Mineral lands of long term commercial significance are those lands from which the commercial extraction of minerals (sand, gravel, rock, and other valuable aggregate or metallic substances) can be anticipated within twenty (20) years and which are characterized by all of the following criteria:

(1)

Have a known or potential extractable resource in commercial quantities verified by submittal of a geologic and economic report prepared by a qualified professional, using at a minimum the Department of Natural Resources Geology Division reference data;

(2)

Are not located within the designated boundary of an urban growth area or rural activity center;

(3)

Are not located within the designated boundary or associated buffer of a wetland or fish and wildlife habitat conservation area pursuant to GCC § 24.08; and

(4)

Are not located on publicly-owned property within the designated boundary of an Open Space Conservation (OSC) zoning district pursuant to GCC § 23.04.610.

(f)

The Administrative Official is hereby authorized to establish specific standards for designation of mineral lands to ensure a fifty (50) year supply of aggregates, sands, gravels, rock or metallic substances based on appropriate criteria, including:

(1)

Quality of the resource;

(2)

Volume of resource;

(3)

Topographic characteristics of the site;

(4)

Location of the resource;

(5)

Parcel size;

(6)

Marketability and value of the resource;

(7)

Compatibility with land use patterns in the area;

(8)

Proximity to urban and rural development and markets; and

(9)

Similar reasonable criteria.

When so established, said standards shall be submitted for consideration as a comprehensive plan amendment pursuant to GCC § 25.12.030.

(g)

Contents of Petition for Designation: A petition for designation as a mineral land of long term significance and a MRO zoning designation shall include the following:

(1)

Those documents required under GCC § 25.12.030(g)(3);

(2)

A completed application on forms provided by the Department and signed by both the land owner and the owner of any interest in mineral rights for the property;

(3)

Evidence of application for a surface mining permit from the Washington State Department of Natural Resources;

(4)

A report and associated maps prepared by a qualified professional providing evidence of the estimated quantities of all materials to be extracted, marketability and value of the mineral deposits;

(5)

A vicinity map with a north arrow indicating the area on which the extraction operation is proposed including a legal description, showing access roads to the proposed site from the nearest community and any roads proposed on the site, and showing adjacent properties and land uses within five (5) miles of the area proposed for mineral extraction and related activities;

(6)

An existing topographic map drawn to scale with an appropriate scale bar showing the permit area and buffers, elevations and contours, natural slopes and other drainage patterns, boundaries of municipalities, boundaries of property ownership, names and addresses of adjacent property owners, locations of nearby mines, locations of all railroads, bridges, utility lines or other rights-of-way, locations and names of any streams and natural or artificial drainage ways on or adjacent to the site, locations of parks and other significant features;

(7)

Identification and description of those critical areas designated and regulated by GCC § 24.08, together with any critical areas assessments that may be required by GCC § 24.08; and

(8)

Identification of any possible Cultural Resource Sites that may be located on the proposed site pursuant to GCC § 24.08 Article VIII.

(h)

Review Procedures: Petitions for designation shall be reviewed as a legislative action pursuant to GCC Chapter 25.12. Criteria for approval shall be as specified in GCC § 25.12.030(h).

(i)

Removal of Designation Status: A property owner may seek removal of a designation of Mineral Resource Lands and the associated Mineral Resource Overlay zoning district through a legislative action to amend the comprehensive plan, pursuant to GCC Chapter 25.12 and by demonstrating one (1) or more of the following:

(1)

The mineral resource is depleted to a point that it is no longer economically feasible to continue mining on the site;

(2)

New or updated geological data no longer indicates the potential for mineral resources of regional or long-term commercial significance on the site;

(3)

Market conditions have changed to such a degree that mining on the site is no longer economically feasible; or

(4)

The Mineral Resource Lands and MRO zoning district were designated based on a technical mapping error.

(j)

Permitted Uses: All allowed outright, discretionary uses and conditional uses listed in Table 5 are permitted uses in the underlying zone are allowed in the MRO zoning district. Mineral extraction and processing activities are allowed, subject to a conditional use permit, and must comply with the RCW 78.44, Surface Mining Act, RCW 90.48, the Water Pollution Control Act, and all other applicable laws and regulations. The following uses are permitted, subject to a conditional use permit and the requirements of this section and the restrictions contained in the underlying zoning district:

(1)

Surface or underground mining or quarrying of mineral deposits or building materials from rock, stone, gravel, sand, and earth together with associated structures and equipment;

(2)

Activities associated with mining or quarrying operations, including blasting and use of equipment in connection with an extraction operation, maintenance of mineral extraction equipment, maintenance of roads, traffic control, sorting, crushing, cleaning and loading;

(3)

On-site processing including asphalt or concrete batching and asphalt or concrete recycling; and

(4)

Temporary dwellings for a caretaker or superintendent and their family.

(k)

Accessory Uses and Structures: The following accessory uses and structures are allowed in this zoning district only when expressly permitted in a conditional use permit:

(1)

Washing, sorting or crushing of rock or gravel;

(2)

Asphalt production (batching or drum mixing);

(3)

Concrete batching;

(4)

Recycling of asphalt or concrete in accordance with any Health Department requirements;

(5)

Storage or use of fuel, oil or other hazardous materials;

(6)

Equipment maintenance; and

(7)

Limited manufacturing of concrete products from sand and gravel excavated onsite may be allowed by the Department as an accessory use to a permitted concrete batch plant, provided that retail sales of such products are prohibited.

(l)

Temporary Uses: The following temporary uses are permitted only in conjunction with an existing mineral extraction operation:

(1)

Temporary asphalt and concrete production may be permitted only to fulfill a contract for a specific public project in the vicinity of the batching operation and for a period not to exceed twelve (12) months or the length of the public contract, whichever is shorter. There shall be at least six (6) months between the end of one (1) temporary use period and the beginning of another on the same site.

(m)

Mineral Resource Land Protection Provisions: Mineral resource land protection provisions are specified in GCC § 23.04.080.

(a)

Purpose: The purpose of the Aerospace Overlay (AO) zoning district is to protect the air and land space around the area proposed for use as an aerospace launch and retrieval facility from obstructions or hazards and incompatible land uses in the proximity of the Grant County International Airport.

(b)

Applicability: The AO zoning district applies to all zoning districts regulated under this Chapter and lying within the AO zoning district as shown on the official zoning maps.

(c)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses shall be as listed in Table 4 for the underlying zoning district. In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a conditional use permit:

(1)

Aerospace Launch and Retrieval Facility.

(d)

Limitations on Accessory Uses and Structures: Accessory uses and structures shall meet the requirements specified in GCC § 23.08.020. Permitted accessory dwelling units in this zoning district are specified in Table 3. All accessory uses and structures are permitted in this zoning district, except as limited or prohibited by GCC § 23.08.020 and Table 4 for the underlying zoning district.

(e)

Prohibited Uses: Prohibited uses are listed in Table 4 for the underlying zoning district.

(f)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, shall be as specified in GCC § 23.12 Table 2 for the underlying zoning district, except that the maximum residential density shall be one (1) dwelling unit per forty (40) acres.

(g)

Performance Standards: Performance and use-specific standards for allowable and accessory uses in this zoning district are specified in GCC § 23.08.

(a)

Purpose: The purpose of the Airport Safety Overlay (ASO) zoning district is to recognize and protect the airspace around state and federal system airports from airspace obstructions and hazards and incompatible land uses and to protect public health, safety and general welfare within the ASO zone.

(b)

Applicability: This Section is applicable to new buildings and structures and outdoor activities involving human use or assembly, which lie wholly or in part within the ASO zone of public airports with Airport Imaginary Surfaces defined in accordance with Federal Aviation Regulations (FAR), Part 77, "Objects Affecting Navigable Airspace," as shown on the Part 77 Airspace Plan, Approach Zone, and/or Runway Protection Zone plans for an airport as contained in an airport master plan. Such airports in Grant County include, but may not be limited to:

(1)

Grant County International Airport;

(2)

Ephrata Municipal Airport;

(3)

Grand Coulee Dam Airport;

(4)

Quincy Municipal Airport;

(5)

Desert Aire Airport;

(6)

Warden Municipal Airport; and

(7)

Moses Lake Municipal Airport.

(c)

Exemptions: The provisions of this Section shall not be applicable to the following when allowed in the underlying zoning district:

(1)

Existing Uses: Uses existing on the effective date of adoption of this Chapter shall not be required to change operations to comply with these regulations. However, any use shall not be so changed as to result in a greater degree of nonconformity with respect to these regulations;

(2)

Temporary Outdoor Events and Festivals: Temporary outdoor events and temporary outdoor festivals as defined in this UDC, as long as the period of operation does not exceed five (5) days;

(3)

Temporary Structures: Temporary buildings and structures auxiliary to residential development and major construction and temporary uses in new subdivisions and other residential developments which support the sale of dwellings and lots within the same subdivision or residential development, so long as such uses and associated structures are constructed or erected as incidental to a development, do not involve any significant investment, are solely used for the designated purpose and remain for a maximum of one (1) year;

(4)

Agricultural Structures: Bona fide agricultural buildings, structures, improvements and associated developments so long as not more than one (1) single-family dwelling occurs within that portion of the parcel located within the ASO; and

(5)

Other Uses: As determined by the Administrative Official to be minor or incidental and within the intent or objective of these regulations.

(d)

Airport Safety Overlay Zone Designation: The Airport Safety Overlay (ASO) contains those areas defined as Airport Imaginary Surfaces by Federal Aviation Regulations (FAR), Part 77, and the Runway Protection Zone(s) for an airport as delineated on the various airport plans contained in an airport master plan. The boundaries of the airport safety overlay zones are depicted on the various airport plans contained in an airport master plan. Such maps may be amended from time to time by the agency or district having jurisdictional authority for an airport, and shall be kept on record and available for public inspection by the Department.

(e)

General Regulations: The following general requirements shall apply to the ASO zoning district:

(1)

If there is any conflict between the ASO regulations defined in this section and those of the underlying zoning district, the regulations of the ASO shall prevail; and

(2)

If there is any conflict between the ASO regulations defined in this section and those of any airport safety-related ordinance adopted by an agency or district having jurisdictional authority for an airport regulated under this section, the ordinance of the jurisdictional authority shall prevail.

(f)

Permitted Uses: Uses allowed outright, discretionary uses and conditional uses shall be as listed in Tables 3, 4 and 5 for the underlying zoning district, subject to the limitations specified herein and in GCC Chapter 23.08. Additional or new commercial aircraft operations at an airport constitute an expansion of use subject to conditional use permit requirements of this UDC.

(g)

Limitations on Accessory Uses and Structures: Accessory uses and structures are the same as for the underlying zoning district as listed in Tables 3, 4 and 5.

(h)

Prohibited Uses: Prohibited uses are the same as for the underlying zoning district as listed in Tables 3, 4 and 5. No permit shall be granted that would:

(1)

Allow the establishment or creation of an airport hazard;

(2)

Authorize any use or activity that would result in the siting of an incompatible use adjacent to an airport (RCW 36.70); or

(3)

Permit a nonconforming structure or use to be made larger or to become higher or become a greater hazard to air navigation than it was when this UDC was adopted.

(i)

Review Procedures: Review procedures for land use activities within an ASO zoning district shall be as follows:

(1)

Development permits for all permitted uses shall be subject to the height restrictions of GCC § 23.08.030 and GCC § 23.12.070, Table 3, whichever is more restrictive.

(2)

Allowed Outright Uses: No separate application or information is required, provided the Administrative Official can conclusively determine that the proposed structure or use:

(A)

Does not constitute a potentially incompatible land use as defined in GCC § 25.02.030; and

(B)

Will not exceed thirty-five (35) feet in height; or, if greater than 35 feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77; and

(C)

Is not within a designated Runway Protection Zone designated in an airport master plan or a FAA-approved airport layout plan; and

(D)

Is not within an identified future 65 Ldn (Interior Day-Night Average Sound Level) aircraft noise impacted area designated in an airport master plan or a FAA-approved airport layout plan.

Such structures and uses shall in any case be subject to the requirements of GCC § 23.08.030 and to the recording of an avigation easement, as specified in subsection (n) of this section.

(3)

Allowed Outright Uses for which there exists a potentially incompatible land use or where the Administrative Official cannot make a conclusive determination as required in subsection (2) shall be subject to discretionary review procedures and must include a separate application as specified in subsection (j) below.

(4)

Discretionary and Conditional Uses: A separate application shall be required as specified in subsection (j) below, and shall be subject to a determination that the use can be appropriately conditioned to mitigate noise impacts and other airport safety concerns.

(5)

Where an airspace hazard has been determined to exist by the Administrative Official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using visual flight rules, airport operations, and development patterns.

(j)

Application Requirements: An application proposing a use for which an application is required under this chapter shall submit the following technical substantiation, maps, plans, drawings and such other information:

(1)

A completed application on forms provided by the Department and signed by the applicant;

(2)

Property boundary lines as they relate to the boundaries of the airport safety overlay;

(3)

Location of all existing and proposed buildings, structures, utility lines, street and site lighting, and trees taller than thirty-five (35) feet in height;

(4)

Height of all proposed structures;

(5)

Outdoor lighting design details;

(6)

Identification of the uses to occur within each structure or activity area;

(7)

A narrative description describing the location of the site, its total acreage, existing character and use, and the concept of the proposed development or use including (as appropriate) proposed residential density, number of employees and/or estimated number of people who will be engaged in transactions at the site over a twenty-four (24) hour period such as, but not limited to, retail store customers;

(8)

Noise attenuation measures to be applied in the development shall be identified, together with the analysis of the noise insulation effectiveness of the proposed construction, showing that the prescribed interior noise level requirements are met. Said analysis shall be prepared by or under the supervision of a person experienced in the field of acoustical engineering who shall be identified. If interior allowable noise levels are met by requiring that windows be fixed or closed, the design for the structures must also specify the means that will be employed to provide ventilation and cooling, if necessary, to provide a habitable interior environment;

(9)

A statement of compatibility from the airport manager when the use is to be located within the ASO relative to the impact of the use on airport operations and safety;

(10)

A statement from the Washington State Department of Transportation Aviation Division relative to the impact of the use on airport operations and safety; and

(11)

A statement from the FAA relative to the impact of the use on airport operations and safety.

(12)

In consideration of an application for a building, structure, or other use which will exceed thirty-five (35) feet in height, the Administrative Official may require the applicant to submit either of the following:

(A)

A certificate from a Professional Engineer or licensed land surveyor, which clearly states that no airspace obstruction will result from the proposed use; or

(B)

Either or both of the following:

(i)

The maximum elevations of proposed structures based on the established airport elevation and USGS datum. Elevations shall be determined by a Professional Engineer or licensed land surveyor, accurate to plus or minus one (1) foot shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the Professional Engineer or licensed land surveyor.

(ii)

A map of topographic contours with not more than five (5) foot intervals, showing all land within one hundred (100) feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the certification of a Professional Engineer or licensed land surveyor.

(k)

Application Review Criteria: The application described in subsection (j), above, shall be reviewed and evaluated by the Administrative Official for conformance with the following criteria.

(1)

Land Use and Performance Standards: All elements of the proposed development are consistent with the land use requirements of this Section and performance standards specified in GCC § 23.08.030;

(2)

Height: Buildings and structures are located such that their height does not impact any Airport Imaginary Surfaces;

(3)

Siting: Buildings and structures are located when reasonable and feasible at the greatest distance from the noise source, taking maximum advantage of existing topographical features to minimize noise impact; and

(4)

Design Consideration Regarding Noise: The amount of passive outdoor recreational space where individuals would be subject to high levels of noise is minimized; construction materials utilized are such that sound attenuation yields an interior average sound level as described in GCC § 23.08.030.

The Applicant bears the responsibility of demonstrating compliance through documentation from a qualified professional. The Decision Maker may impose reasonable conditions necessary to achieve conformance with the application review criteria listed herein.

(l)

Development Standards: Development standards, including allowable density, minimum lot area, minimum setbacks, maximum building dimensions, and set aside requirements, are specified in GCC § 23.12 Table 3.

(m)

Performance Standards: Performance and use-specific standards for airports and allowable and accessory uses in this zoning district are specified in GCC § 23.08.

(n)

Avigation Easement Required: No permit of any type shall be issued for any development or activity subject to this Section unless and until an avigation easement permitting the right of flight in the airspace above the subject property is provided to the jurisdictional airport authority. Such easement shall be recorded on the title of the subject property.

(o)

Use Restrictions: Notwithstanding any other provisions of this Section, no use may be made of land or water within any zoning district in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(p)

The regulations prescribed by this Section shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure which legally existed prior to the effective date of this UDC, except as may be compelled by state or federal regulation. However, such structures shall be considered nonconforming if such structure is in conflict with the regulations of this Section.

(a)

Purpose: A Master Planned Resort (MPR) is a self-contained and fully integrated development in a setting of significant natural amenities that are necessary and/or supportive of the proposed resort facilities, with primary focus on destination resort facilities, and which is planned for as a whole and developed in a programmed series of stages. (See also Sections 23.12.220 and 25.12.070 of this UDC.

(b)

Permitted Uses:

(1)

Initial Determination: Allowable uses and their locations within a Master Planned Resort are determined during the development of the Master Plan. Allowable uses shall be consistent with the goals and policies of the Comprehensive Plan. Master Planned Resorts may include but are not limited to: 1) Destination resort facilities oriented around a golf course, lake or other natural amenity etc.; and/or 2) Destination recreation and support amenities that are oriented around large-scale destination resort racing facilities such as NASCAR or horse racing facilities; etc.; and/or 3) Destination resort facilities oriented around a large-scale theme park such as Disneyland or Silverwood etc. The Administrative Official shall recommend such uses and any conditions for uses to be considered allowable. The Board of County Commissioners then determines these uses as part of the approval of the Master Plan.

(2)

Changes in Uses: Subsequent changes in uses or in the location of allowable uses at Master Planned Resorts are handled through Plan Amendments (PA) to the Master Plan.

(A)

Recognizing that a Master Planned Resort may require small changes to facilities and services in response to changing customer demand or markets, some degree of flexibility for the resort is desirable. Such flexibility eliminates the need for every change to be processed as a Master Plan Amendment. Accordingly, GCC Chapter 23.04 Table 4 identifies those uses which may be allowed by the Administrative Official without a Master Plan Amendment after establishment of the Master Planed Resort.

(B)

The list of land uses in GCC Chapter 23.04 Table 4 that may be allowed after establishment of a Master Planned Resort is only to be used for changes to the uses in an approved Master Plan. It is not intended to, in any way, indicate which land uses or activities are appropriate to or may be approved for any particular Master Planned Resort.

(c)

Residential Densities and Uses:

(1)

Residential Density: A mix of urban and suburban development densities may be established within an MPR but must be integrated into and support the on-site recreational nature of the resort. This shall be determined at the time of Master Plan approval.

(2)

Residential Density in the Vicinity of the Resort: New urban and suburban land uses and densities are prohibited outside the boundaries of the MPR.

(d)

Self-Contained Development: All necessary supportive and accessory on-site urban-level commercial and other services shall be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR.

(e)

Master Plan Amendments: The procedures and process for adopting or amending a Master Plan are as provided in GCC § 25.12.070 and in the specific Master Plan.

(f)

Planned Unit Development Applications: Any new development and any new phase of development in a MPR zoning district, except as provided in GCC § 25.12.070(d)(5), requires the approval of a Planned Unit Development as provided in GCC § 25.12.070(d). A phase that is consistent with the approved Maser Plan will not require a Master Plan Amendment.

(g)

Development Standards: Development standards regarding MPRs are specified in GCC § 23.12.220.

(a)

Definition: A "Master Planned Industrial Development" (MPI) is defined as a master planned location suitable for manufacturing or industrial businesses that:

(1)

Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or

(2)

Is a natural resource-based industry requiring a location near resource land upon which it is dependent; or

(3)

Requires a location with characteristics such as proximity to transportation facilities or related industries such that there is no suitable location in an urban growth area.

(4)

Are authorized under either RCW 36.70A.365 or RCW 36.70A.367.

(b)

Purpose: The purpose and function of the MPI zoning district is to provide for major industrial development outside of urban growth areas under controls to protect the nearby uses of land, to adequately manage and mitigate traffic impacts related to the development, to encourage comprehensive planning of the entire site, and to ensure that urban growth will not occur in adjacent nonurban areas. The MPI may not be for the purpose of retail commercial development or multi-tenant office parks.

(c)

Permitted Uses: In addition to those listed in Table 4, the following uses are allowed outright in this zoning district:

(1)

Agricultural uses, on an interim basis until industrial development; provided that residences shall not be allowed as a principal use;

(2)

Commercial uses, including restaurants, cafes, hotels, motels, bars, taverns and service stations that primarily serve uses within the MPI zoning district;

(3)

Parcel delivery service;

(4)

Truck and heavy equipment service and repair;

(d)

Residential Uses

(1)

Residential development is prohibited within MPI; except that a limited mixture of subordinate residential units may be established provided the use is shown to be fully integrated and supportive to the industrial uses on the site. This shall be determined at the time of Master Plan approval.

(e)

In addition to those listed in Table 4, the following uses are allowed in this zoning district subject to a discretionary use review:

(1)

Manufacture, processing, treatment, storage, fabrication, assembly or packaging of any product from natural or synthetic materials;

(2)

Repair and storage facilities for equipment, including heavy equipment, marine equipment, boats, airplanes and trucks;

(3)

Research, development and testing facilities;

(4)

Warehousing, distribution and storage facilities not open to retail customers;

(5)

Wholesale businesses;

(6)

Incidental retail sales of products manufactured, processed, or assembled on-site;

(7)

Storage of unlicensed and/or inoperable vehicles; and

(8)

Welding shop

(f)

Self-Contained Development: All necessary supportive and accessory on-site urban-level commercial and other services shall be contained within the boundaries of the MPI, and such services shall be oriented to serve the MPI. New urban and suburban land uses are prohibited outside the boundaries of the MPI.

(g)

Planned Unit Development Applications: Any new development and any new phase of development in an MPI zoning district requires the approval of a Planned Unit Development as provided in GCC § 23.04.800.

(h)

Site Plan Review: Proposals for industrial development in a MPI zoning district shall undergo Site Plan Review as specified in GCC § 23.04.140 prior to the issuance of building and development permits.

(i)

Performance Standards: All development in a MPI zoning district shall meet the requirements of GCC § 23.08.230, Industrial Uses—Standards for Site Development.

(j)

Development Standards: Development standards regarding MPIs are specified in GCC § 23.12.240.

(a)

Purpose: It is the purpose of this section to encourage innovation and creativity in the development of new residential areas in Grant County. In order to make optimum use of these residential areas, to create desirable neighborhoods for family and community life, to take into account special conditions of topography and soil stability, to make maximum use of new concepts and technology of land development and building construction, and to carry out the objective and spirit of the Comprehensive Plan, it is the purpose of this section to encourage new residential development not limited by the strict application of the county zoning and subdivision regulations. More specifically to achieve the aforementioned purposes, it is the purpose of this Chapter to:

(1)

Encourage development of a variety of housing types.

(2)

Create and/or preserve useable open space and recreation and aesthetic enjoyment of residents.

(3)

Preserve to the maximum extent possible the natural characteristics of the land, including topography, native vegetation and views.

(4)

Encourage creativity in design.

(5)

Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements.

(6)

Provide a guide for developers and county officials who review and approve residential developments meeting the standards and purposes of this article

A Planned Unit Development does not constitute a separate zoning district. Application of a Planned Unit Development does not require a change in zoning. Uses permitted in a Planned Unit Development are specified herein; those underlying zoning districts in which a Planned Unit Development is allowed are specified herein.

(b)

Where Permitted: Planned Unit Developments shall be permitted in the following zoning districts:

(1)

Urban Residential 1 (UR1);

(2)

Urban Residential 2 (UR2);

(3)

Rural Residential 1 (RR1);

(4)

Rural Village Residential 1 (RVR1);

(5)

Rural Village Residential 2 (RVR2);

(6)

Rural Community (RC);

(7)

Recreational Development (RD);

(8)

Shoreline Development 1(SD1);

(9)

Shoreline Development 2(SD2);

(10)

Shoreline Development 3 (SD3);

(11)

Shoreline Development 4 (SD4);

(12)

Rural Recreational Commercial (RRC);

(13)

Master Planned Resort (MPR);

(14)

Master Planned Industrial (MPI).

(c)

Uses Permitted: The following uses are permitted in a PUD, provided that they meet the standards and criteria established in this UDC:

(1)

Those uses permitted in the underlying zone;

(2)

Any residential use, including detached or multiple dwellings; provided that all such residences are intended for permanent occupancy by their owners or tenants;

(3)

Mobile/manufactured home parks meeting the requirements of GCC § 23.08.250 and § 23.12.230;

(4)

Outdoor recreational facilities of a non-commercial nature, including, but not limited to tennis courts, swimming pools, playgrounds, golf courses, and similar facilities; and

(5)

As accessory uses, those uses permitted in the Rural Neighborhood Commercial (RNC) zoning district, provided that such uses are specifically oriented to the needs of the residents.

(d)

Relationship of this Section to Other Provisions of this Uniform Development Code:

(1)

Zoning Requirements: The provisions of this chapter pertaining to land use of the underlying zoning district shall govern the use of land in a PUD, except as otherwise stated in this section.

(2)

Land Division Requirements: A PUD, when approved in accordance with this chapter, may be permitted without the customary division into individual lots. A PUD shall be exempt from the specific design requirements of GCC Chapter 22.04, except that when any parcel of land in a PUD is intended for individual ownership, sale or public dedication, the platting and procedural requirements of GCC Chapter 22.04 and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed.

(3)

Performance Standards: Performance and use-specific standards for allowable and accessory uses as specified in GCC § 23.08 for the underlying zoning district shall apply to PUDs.

(4)

Development Standards: Development standards of this chapter shall, as applied to an approved PUD, supersede those of the underlying zoning district.

(e)

Pre-Application Review Conference: Prior to submitting a PUD application, the applicant shall be subject to a pre-application review conference as specified in GCC § 25.04.130, unless waived by the Administrative Official with the concurrence of the applicant.

(f)

Application Requirements: Applications for Planned Unit Developments shall be on forms prescribed by the Planning Department and include any and all required components of submittal as outlined on the application forms. The Administrative Official may waive any components of the application that are deemed unnecessary for the specific proposal.

(g)

Application Review: Review of PUD applications shall be as follows:

(1)

Classification of Application: Applications shall be classified as specified in GCC § 25.04.080 and defined in GCC § 25.04.070.

(2)

Review Procedures: When the Administrative Official determines that an application is technically complete, as defined in GCC § 25.04.160, the application shall be processed under procedures specified in GCC § 25.04 Article VII.

(3)

Referral and Review of Application: Pursuant to GCC § 25.04.210, the Administrative Official shall transmit a copy of the application, or appropriate parts of the application, to affected agencies and county departments for review and comment.

(4)

Notice of Application and Hearings: Notice of application and hearings shall be made pursuant to GCC § 25.04 Article VI and VIII, respectively.

(h)

Approval Criteria: The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following elements:

(1)

Meets the applicable requirements of this Chapter;

(2)

Complies with the Comprehensive Plan, the Shoreline Master Program, the zoning code and other land use regulations, and SEPA;

(3)

Complies with health requirements for sewage disposal and potable water supply;

(4)

Contains an accurate legal description of the lots being created, and the roads and easements therein;

(5)

Complies with Grant County and State Department of Transportation regulations pertaining to roads, utilities, drainage, access for emergency vehicles, and other infrastructure improvements;

(6)

Complies with relevant city regulations pertaining to roads, utilities, fire protection, drainage, access for emergency vehicles, and other infrastructure improvements for subdivisions within an urban growth area;

(7)

Complies with requirements of the U.S. Department of the Interior, Department of Reclamation and/or a recognized Irrigation District when the proposed PUD is within the boundaries of an Irrigation District;

(8)

Functions as a single site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking;

(9)

The proposed PUD is consistent in design, character and appearance with the goals and policies for the zoning district in which the proposed PUD is located;

(10)

The characteristics of the PUD will not be unreasonably incompatible with the types of uses permitted in surrounding areas;

(11)

The proposed PUD will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units;

(12)

The proposed PUD will not materially endanger the health, safety and welfare of the community;

(13)

The proposed PUD is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the local area;

(14)

The application includes evidence of availability of adequate public services and facilities, including access, fire protection, water, storm water control, and sewage disposal facilities;

(15)

The location, size and height of buildings, structures, walls and fences and screening vegetation for the proposed PUD shall not hinder or discourage the appropriate development or use of neighboring properties;

(16)

The proposed PUD is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this Chapter;

(17)

For proposed PUDs adjacent to lands zoned as Agriculture (AG) or Mineral Resource Overlay (MRO), the impacts on the long-term natural resource management and production will be minimized;

(18)

If the proposed PUD requires land division or a binding site plan, it meets the requirements of GCC § 22.04;

(19)

The proposed PUD identifies and protects critical areas, archaeological and historic resources, and visual and aesthetic resources, and environmental considerations are employed in the design, placement and screening of facilities and amenities;

(20)

The proposed PUD will not cause significant adverse impacts on the human or natural environments that can not be mitigated by conditions of approval;

(21)

The proposed land uses, activities, and structures comply with applicable development standards of GCC § 23.12 and performance standards specified in GCC § 23.08, and with any required mitigation measures; and

(22)

The proposed PUD passes all concurrency tests as provided by GCC § 25.20.

(i)

Conditions of Approval: The Decision Maker, as delineated in GCC § 25.04, shall approve a proposed PUD if the record contains clear and convincing evidence that the application complies with the approval criteria listed in GCC § 22.04.550(a) (or that the application can comply with these criteria through the imposition of special conditions of approval) and serves the public use and interest. The Decision Maker may impose reasonable conditions necessary to achieve conformance with the application review criteria listed above and the following:

(1)

Accessibility;

(2)

Transportation needs and services;

(3)

Public facility and service needs and availability;

(4)

Site design;

(5)

Control of on-site and off-site impacts during construction;

(6)

Facility operations; and

(7)

Impacts on critical areas.

(j)

When a proposed PUD is being considered concurrently with another land development application, the Administrative Official will incorporate all conditions and limitations imposed on the concurrent application into the proposed PUD. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of vesting of the application, unless addressed as part of the PUD review and expressly depicted on the PUD site plan.

(k)

The PUD site plan shall contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site shall be in conformity with the approved site plan.

(l)

Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the PUD site plan and enforced by covenants, easements or other similar mechanisms.

(m)

Duration of Approval: Consistent with GCC 22.04.260 a PUD shall be effective for five (5) years from the date of approval by the Decision Maker. A PUD shall expire and become void after the five (5) year period if: a) A final PUD has not been recorded for a project that includes land division; or b) A building permit has not been issued or if substantial construction activity or substantial operation has not commenced for projects that do not include land division. If a landowner or authorized representative submits a written request a minimum of thirty (30) days prior to expiration that contains good reason(s) for extending the time period, the Administrative Official shall grant a single one (1) year extension to meet the conditions of approval and prepare and record the PUD. In addition to the administrative extension above and GCC 22.04.260, PUDs may in addition be granted a maximum of two (2) additional two (2) year extensions by the Board of County Commissioners in an open record public hearing provided the following findings are made: 1) The landowner or authorized representative has established good reasons for the extension; and, 2) Projects including subdivision shall have completed a minimum of one (1) phase prior to granting of each extension; or, Projects that do not include subdivision shall at a minimum have initiated substantial construction or operational activities; and 3) The proposal is found to be substantially in compliance with all regulations and requirements of the Unified Development Code and Comprehensive Plan policies and goals at the time of extension; and 4) The extension is found to be in the public's best interest and will not create a serious threat to the public's health, safety or welfare. The duration of approval may be modified from the above parameters pursuant to GCC 25.28, Development Agreements. Knowledge of expiration date and initiation of a petition for extension shall be the responsibility of the applicant. The County will not provide notification prior to expiration.

(n)

Administration and Enforcement:

(1)

Building Permits: Building permits shall be issued for construction in PUD areas only in accordance with the plan and program elements of the plan as finally approved.

(2)

Minor and Major Adjustments in PUD's After Final Approval: Minor adjustments may be made and approved by the Administrative Official in accordance with a Type II process as specified in GCC § 25.04 when a building permit is issued. Minor adjustments are those changes which may affect the precise dimensions of buildings and the siting of buildings, but which do not affect the basic character or arrangement of buildings, the density of the development or the open space requirement. Major adjustments are those, which in the opinion of the Administrative Official, substantially change the basic design, density, or open space requirements of the PUD. When in the opinion of the Administrative Official such change constitutes a major adjustment, no building permit shall be issued without a review and approval of such major adjustments in accordance with a Type III process as specified in GCC § 25.04.

(3)

Parties Bound: Once PUD is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PUD, shall be bound by the conditions attending the approval of the PUD and the provisions of this Section.

(o)

Development Standards: The following development standards shall apply to PUDs:

(1)

Relationship to Adjacent Areas: The design of a PUD shall take into account the relationship of the site to the surrounding area. The perimeter of the PUD shall be so designed as to minimize undesirable impact of adjacent land use and development characteristics on the PUD, and conversely, to minimize undesirable impact of the PUD on adjacent properties.

(2)

Minimum Site Development Area: A Planned Unit Development shall consist of at least five (5) acres of land exclusive of street right-of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts. For residential use with subordinate commercial use, the minimum area shall be twenty (20) acres.

(3)

Lot Size: Planned Unit Developments shall be exempt from the minimum lot size requirements of this UDC, except that the minimum lot size requirements of the underlying zones shall serve as the criterion to determine dwelling unit densities of the whole PUD. The minimum lot size shall conform to the requirements of the Health Department as provided for on-site sewage disposal systems. The design, shape, size, and orientation of lots shall be adequate and appropriate to the use for which the lots are intended. Creativity in lot layout and configuration is encouraged.

(4)

Density: The dwelling unit density for a PUD shall conform with the requirements for the underlying zoning district(s). Where a PUD overlays more than one (1) zoning district, the number of allowable dwelling units shall be computed separately for each zone and summed to obtain a total.

(5)

Maximum Coverage: Building coverage and development of the site shall not exceed the percentage permitted by the most restrictive underlying zone.

(6)

Landscaping Required: All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the Decision Maker. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock out-croppings, etc., may be accepted as part of the landscaping plan.

(7)

Setbacks: Setbacks from the exterior boundary line of the PUD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties. In no event shall such setback be less than twenty (20) feet.

(8)

Setbacks or Side Yards Between Buildings: The standard setbacks and yard requirements between buildings may be waived in a PUD. Buildings may have common walls and, therefore, built to the property line as in townhouse or "zero lot line" construction. Wherever buildings are separated, a minimum distance of ten (10) feet shall be maintained between such buildings.

(9)

Parking: Off street parking shall be provided in the same ratios for types of buildings and uses as required by the underlying zone, but not less than two (2) parking spaces for each dwelling unit in single- and two-family dwelling units, and one and one-half (1½) parking spaces per dwelling unit in multi-family residential units.

(10)

Transit/School Bus Stops: Applications for PUD approval shall be reviewed to determine whether transit or school bus stops are necessary to promote public access to safe and convenient travel.

(11)

Sidewalks, Pathways and Trails: PUDs shall provide adequate pedestrian facilities, including sidewalks, pathways and trails, to ensure safe conditions for pedestrian mobility.

(12)

Secondary use limitations: Commercial uses shall be subject to site plan review procedures and shall be provided for in the application for the PUD within which the commercial use is proposed to be integrated. Construction of at least thirty-five (35) percent of the residences in the PUD must be completed before any permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office. Commercial uses within a PUD shall be of a size, scale and type to serve primarily the residents of the PUD, and shall be internally located to fulfill this function.

(13)

Shoreline Areas: PUD's which include a shoreline of natural lakes, rivers and other waterways shall provide access by one (1) or more streets or roads not less than sixty (60) feet wide to the low water mark in each one-half (½) mile interval as measured along such body of water; unless, as a matter of application, the PUD utilizes shorelands as common open space, in which case the provision to provide access directly to the water shall be waived.

(p)

Open Space Standards:

(1)

Common Open Space: Each Planned Unit Development shall provide not less than 30% of gross land area for common open spaces which shall be held in common ownership by all of the owners in the development area or dedicated for public use if acceptable to Grant County. Common open space may be designed to provide either active or passive recreation.

(2)

Location: The area proposed for open space shall be within the PUD and within reasonable walking distance of all dwelling units in the PUD.

(3)

Access: All dwelling units within the PUD must have legal access to the proposed area for dedication at the time of final PUD approval. Private or access roads, trees or other landscaping may separate the area proposed for dedication. However, access should not be blocked by major obstacles such as arterials or collectors, canyons or ravines. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security.

(4)

Types of Open Space: Land dedicated for open space should be usable for either (1) greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees; (2) active recreational activities; or (3) for protecting environmentally sensitive areas such as wetlands. Except as provided below, thirty (30) percent of the dedicated open space area shall be suitable for active recreation. The percentage of active recreational areas may be increased to as high as fifty (50) percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one (1) acre to one hundred twenty-five (125) residential units. The percentage of active recreational area may be decreased to as low as zero (0) if it is determined that: (1) inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the PUD; or (2) meeting the standard would require detrimental grading or other disturbance of the natural setting.

(5)

Structures: Common open space may contain complimentary structures, such as a gazebo or maintenance equipment shed, and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PUD, provided that the building coverage of such building or structure combined with the building coverage of the residential structures shall not exceed the maximum permitted by the underlying zoning district.

(6)

Implementation: The area proposed for open space shall be dedicated in common to the lot owners within the PUD or to a homeowners' association. Maintenance and operation of the dedicated open space shall be the responsibility of the lot owners or homeowners' association. The dedication shall be identified on the final PUD plan.

Table 3
Allowable Land Uses for Unincorporated Portions of
Urban Growth Area Zoning Districts_1,2,3,4,5

Table 4
Allowable Land Uses for Rural Lands, Special and Overlay Districts, & Resource Lands Zoning Districts_1,2,3,4,5

Table 5
Allowable Land Uses for Rural Activity Center Zoning Districts_1,2,3,4,5