Whenever any of the following combining districts are combined with any primary district, the regulations of the combining district or districts shall be in addition to those specified for the primary district, and, in the case of conflict, the more restrictive provisions shall apply.

(Ord. 241 § 13.07.010, 1998)

Editor's note— Ord. No. 486, § 21, adopted August 22, 2023, repealed § 17.56.020 which pertained to definitions and derived from Ord. 241, adopted 1998; Ord. 310, adopted 2003; and Ord. No. 391, adopted June 7, 2010.

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed § 17.56.030, which pertained to flood plain district, FP. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

This district shall apply to all areas of Grays Harbor County.

(Ord. 241 § 13.07.040, 1998)

(Ord. No. 391, § 2, 6-7-2010)

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed § 17.56.050, which pertained to warning and disclaimer of liability. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

The applicant shall be responsible for the costs of providing the required information for the development site where required by this district.

(Ord. 241 § 13.07.060, 1998)

(Ord. No. 391, § 3, 6-7-2010)

The provisions of this section shall be administered by the planning and building director.

(Ord. 241 § 13.07.070, 1998)

(Ord. No. 391, § 4, 6-7-2010)

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed §§ 17.56.080—17.56.100, which pertained to provisions for flood hazard reduction. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

The board of adjustment shall hear and decide all applications for variances from the requirements of this district and appeals from the administration of this district as provided in Chapter 17.80; further provided, that the requirements and criteria set forth in Sections 17.56.120 and 17.80 must be met before a variance is granted.

In considering appeals from administrative decisions, the board of adjustment shall consider all technical evaluations, all relevant factors, and the criteria in Section 17.56.120(D)(3)(a)—(k).

(Ord. 241 § 13.07.110, 1998)

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed § 17.56.120, which pertained to criteria for granting flood plain variances. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

The planning and building director shall maintain a record of all variance actions, including the justification for their issuance and the board's findings of fact.

(Ord. 241 § 13.07.130, 1998)

(Ord. No. 391, § 5, 6-7-2010)

All text amendments and requirements of this district shall comply with Chapter 17.84.

(Ord. 310 § 4, 2003: Ord. 241 § 13.07.140, 1998)

(Ord. No. 391, § 6, 6-7-2010)

A.

Injunctive Relief. As provided by Section 17.96.030, the county may institute any appropriate action to require compliance or enjoin violation of this chapter.

B.

Criminal Penalty. As provided by Section 17.96.020, any person convicted of a violation of this chapter shall be guilty of a misdemeanor. Each day the violation occurs is a separate and separately punishable offense.

C.

Civil Penalty. Any person who fails to comply with the provisions of this chapter shall also be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. Each violation or each day a violation continues shall be a separate and separately punishable violation.

D.

Form of the Civil Penalty. The civil penalty provided for in subsection C of this section shall be imposed by notice in writing, either by certified mail with return receipt requested or by personal service to the person incurring the violation, from the planning director or his or her designee. The written notice shall include the following: (1) a description of the violation with reasonable particularity; (2) a legal description of the property on which the violation occurred or is occurring; (3) the amount of the penalty; (4) a statement that the penalty and order can only be appealed within twenty-one (21) days of the date the notice is received and how to appeal the penalty and order; (5) an order that the violation or violations shall cease and desist or, in appropriate cases, require necessary corrective action to be taken within a specific and reasonable time.

(Ord. 241 § 13.07.150, 1998)

(Ord. No. 391, § 7, 6-7-2010)

A.

Any civil penalties imposed under Section 17.56.150(C) solely by the planning and building director or his or her designee shall be reviewable by the board of adjustment. Only the person on whom the penalty is imposed may appeal the civil penalty.

B.

Appeal Submittal Requirements. A person appealing the civil penalty shall submit a brief written statement to the planning and building director or his or her designee containing the following information.

1.

The statement must identify date of the order being appealed.

2.

The statement must identify explicit exceptions and objections to the civil penalty being appealed or identify specific errors in fact or conclusion.

3.

The statement must set forth the relief sought.

C.

Time Within Which an Appeal Must be Filed. A written statement appealing the civil penalty must be filed with planning and building director or his or her designee no more than twenty-one (21) days from the date the civil penalty is received.

D.

Appeal Stays All Enforcement of Order and Penalty Appealed. The filing of an appeal stays all actions by the planning and building director or his or her designee or other county official seeking enforcement or compliance with the order or payment of the penalty being appealed. The stay is lifted after the decision of the board of adjustment.

E.

Procedure for Appeals of Civil Penalties.

1.

The person appealing the decision, the appellant, shall submit the statement required by subsection B of this section to the planning and building director or his or her designee.

2.

After the request for review is filed, the planning and building director or his or her designee shall schedule a public hearing on the appeal with the board of adjustment. The hearing shall be scheduled within thirty (30) days of the date the appeal is filed with the planning director or his or her designee. The appeal hearing process shall be conducted in accordance with Chapters 17.80, 17.84 and 17.88 as applicable.

3.

The planning and building director or his or her designee shall prepare a written report on the order and penalty being appealed setting forth the facts and conclusions on which the order and penalty are based. The planning and building director or his or her designee shall mail the written report to the appellant at least ten (10) days before the hearing date.

4.

The planning and building director or his or her designee shall provide copies of the appellant's written statement and the planning and building director or his or her designee's written report to the board of at least ten (10) days before the hearing date.

5.

The board of adjustment shall conduct the public hearing in accordance with provisions of Chapters 17.80, 17.84 and 17.88

(Ord. 241 § 13.07.160, 1998)

(Ord. No. 391, § 8, 6-7-2010)

The Grays Harbor County shoreline master program designates shoreline environments and imposes additional shoreline regulations. The shoreline master program is published separately.

(Ord. 2999 § 3, 2002: Ord. 291 § 3, 2001: Ord. 241 § 13.07.170, 1998)

Editor's note— Ord. No. 391, § 22, adopted June 7, 2010, repealed § 17.56.180, which pertained to critical area overlay. For complete derivation see the Ordinance Disposition Table/Code Comparative Table at the end of this volume.

The planned unit development (PUD) provides an alternative method of development that adheres to the general intent of the underlying code while allowing variation from specific standards regarding lot sizes and dimensions, setbacks, access, and parking. The PUD allows commercial businesses and community buildings as accessory uses that serve the residential neighborhoods within the development. Commonly owned open space areas will protect critical areas, provide passive recreational areas, buffer adjacent properties, and contain neighborhood utility facilities that serve the development.

A.

Purpose. This section establishes procedures and regulations for flexibility in both the subdivision of property and the design of developments. Planned unit developments provide opportunities for decreased lot size, a greater mixture of residential and commercial types, and the creation of open space. The PUD promotes the concept of environmental, social, and economic sustainability. Unique design elements in a PUD include the preservation of critical areas in common ownership tracts, reduced impervious areas through dense clustering of development and narrow streets, dedicated trail systems for improved pedestrian circulation and passive recreation, reduced vehicular traffic via mixed neighborhood commercial use within walkable residential areas, and an improved sense of community with planned community buildings. The section also seeks to ensure that proposed developments under this section are compatible with the surrounding community.

B.

Authorization. Planned unit developments may be allowed within the G-1, G-5, R-2, R-3, RR, C-2, LQ, SD, I-1 and I-2 zones; provided that planned unit development approval is obtained as provided in this section.

C.

Permitted Uses.

1.

Uses outright permitted in a planned unit development shall include permitted, accessory and conditional uses allowed in the underlying zone district(s).

2.

In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright provided that they serve the development as well as the larger community, and where all other applicable standards are met:

a.

Community facilities,

b.

Indoor recreation facilities such as athletic clubs or fitness centers, racquetball courts, swimming pools, tennis courts, or other similar uses,

c.

Outdoor recreation facilities such as swimming pools, tennis courts, or similar uses,

d.

Community-oriented retail (only in projects in excess of one hundred acres in size) consistent with the size of the PUD, and

e.

Limited neighborhood uses.

i.

In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright where they are only serving the development, and where all other applicable standards are met:

(A)

Recreation vehicle storage area, and

(B)

Household storage areas.

ii.

In order to expand uses allowed in the development, the applicant shall demonstrate that:

(A)

The proposed use is consistent with those uses allowed by the underlying zone district, and

(B)

The expanded uses will benefit and serve the residents or employees of the proposed development.

D.

Open Space Requirements. To compensate for any decrease in lot size, the development shall set aside common open space. The amount of open space to be provided shall be determined by:

1.

Subtracting the required square footage requirement set forth in the underlying zoning district from the amount of each lot that is smaller than required, and then.

2.

Adding together the results obtained in subsection (D)(1) of this section for each lot.

3.

Maintenance of common open space shall be assured by covenants or other permanent legal mechanisms acceptable to the county prosecuting attorney. Such covenants shall determine maintenance responsibilities and a financial plan for their payment.

4.

Developments that exceed design features, open space requirements and recreational facilities for the underlying zone, or utilizes alternative energy conservation measures, may request an increase in allowed residential density of five percent or less.

E.

Authority to Modify Zoning District Development Standards.

1.

The following development standards of the underlying zoning district(s) may be modified or eliminated in a planned unit development: minimum lot size; minimum lot width; the front, rear and side yard setbacks; and building height.

2.

The setback from shoreline and recreational requirements of the underlying zoning district(s) may be modified or eliminated subject to obtaining the required permit(s) pursuant to the shoreline master program.

3.

The permitting requirements for short-term rentals within an approved PUD may be modified or eliminated provided:

a.

The PUD is entirely located within the R-3 zone district.

b.

The PUD includes a development agreement under RCW 36.70B. 170 or its successor, and recorded with the county auditor, incorporating the following minimum conditions:

i.

The short-term rentals within the PUD are centrally marketed and managed by a single property management company.

ii.

The property management company is fully responsible for adopting and enforcing operational standards for short-term rentals within the PUD.

iii.

The development agreement terminates automatically at such time as central property management for short-term rentals within the PUD is discontinued. Upon termination of the development agreement, county permitting requirements will apply to short-term rentals within the PUD.

F.

Planned Unit Development Design and Development Standards.

1.

Minimum acreage required for PUD: one acre.

2.

Common open space requirements shall be as follows:

a.

Common open space may consist of either natural vegetation, water, landscaping or improved recreational facilities. However, no greater than fifty percent of the required density shall be in water, natural vegetation or slopes greater than thirty percent. A permanent legally enforceable provision for the retention and maintenance of the open space shall be provided.

b.

Common open space and recreation areas shall be provided in such a manner that they are accessible to all residents of the development or to the public when deeded to the county.

3.

Boundary setbacks: Separation from the uses adjacent to the planned unit development shall include:

a.

The boundary of a planned unit development shall be designed to provide a transition between the planned unit development and adjacent uses. To lessen any impacts on the surrounding neighborhood, landscaping may be required.

b.

A permanent open space area at least twenty-five feet in width shall border a planned unit development when abutting a residential zone. The permanent open space shall be maintained in landscaping.

c.

Boundary setbacks and landscaping along the perimeter of a planned unit development shall be considered as required open space.

4.

Access meeting county standards shall be provided to all uses within a planned unit development.

5.

All utilities, including electrical, telephone, and TV cables, shall be placed underground.

6.

Standards for recreational and commercial uses within planned unit developments:

a.

No intensive recreational or commercial use shall be allowed within one hundred fifty feet of the boundary to any adjacent residential zoning district.

b.

Planned unit developments in residential districts shall be designed to minimize the impacts of recreational and commercial uses on adjacent residences.

c.

Commercial uses in a planned unit development located in a residential zone shall be located adjacent to a collector or an arterial street.

7.

All planned unit developments shall comply with Title 17 parking and subdivision road standard requirements, unless specifically approved as part of the planned unit development process.

G.

Application Procedures.

1.

All applications for planned unit developments must be complete before the permit issuing authority is required to consider the application. An application is complete when it contains all of the information that is necessary for the permit issuing authority to evaluate a project. The appropriate fee shall accompany a completed application.

2.

A complete preliminary development plan shall provide the following information:

a.

The boundaries of the site;

b.

All existing and proposed public and private streets and ways within and adjacent to the site. Private streets and ways shall be labeled as private lanes, provided that the county planning and building division director, subject to final approval by the board of commissioners, may authorize deviation from strict compliance with the requirement to label a private street or way as a "lane" in the E-911 Addressing System in circumstances where physical, geographic, demographic, or social conditions make such deviation necessary to the success, integrity, and spirit of the system;

c.

The location and design of parking facilities, including points of ingress and egress;

d.

The proposed location, vertical height and envelope of all proposed buildings;

e.

The location, vertical height and envelope of all existing buildings;

f.

All proposed and existing lot lines;

g.

The number of proposed residential units and location of proposed commercial or industrial spaces in each building;

h.

The development plan or a separate document shall include a typical elevation of all buildings proposed for the planned unit development, including single-family dwellings and duplexes;

i.

All open space and recreational areas;

j.

Information on existing and proposed topography shall be shown with contour intervals of no greater than five feet;

k.

A general plan of the proposed landscaping and the location and composition of the landscaping;

1.

All existing and proposed bodies of water, drainage ways and the proposed drainage improvements;

m.

The location of all existing and proposed utilities;

n.

Any areas, facilities or ways to be dedicated to the public shall be clearly marked on the development plan;

o.

The proposed treatment of the exterior boundary of the site;

p.

A vicinity map;

q.

Quantitative data for the following: total site area, public open space, private open space, total number of dwelling units, number of dwelling units by type, acreage of commercial or industrial developments, and the acreage used for roads and vehicle access ways.

3.

The application shall be submitted to the planning division. The planning commission and/or board of county commissioners may request additional information necessary for review of the application.

H.

Review Procedure.

1.

Site Plan Review. Prior to formally submitting an application, applicants are encouraged to contact the county for information regarding development requirements.

2.

Review of the Preliminary Development Plan.

a.

An application containing the information required in subsection (G)(2) of this section shall be submitted to the planning division;

b.

Review of the preliminary application shall be completed within one hundred twenty-one days after all requirements under the state Environmental Policy Act have been satisfied;

c.

The planning division shall schedule the application for a public hearing before the first available planning commission meeting which satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.84.030;

d.

At such hearing, the planning commission shall determine whether the proposed planned unit development is in compliance with the review criteria for planned unit developments and other county regulations. After its review, the planning commission shall issue a recommendation to the board of county commissioners as to whether the planned unit development should be approved, approved with conditions, or denied. The recommendation of the planning commission shall be forwarded to the board of county commissioners within one hundred twenty-one days from the conclusion of the public hearing;

e.

After receiving the recommendation of the planning commission, the board of county commissioners shall schedule a public hearing on the application. Notice of the hearing shall be as provided in Section 17.84.030;

f.

At the hearing, the board of county commissioners shall determine whether the proposed planned unit development is in compliance with all county codes and policies. The board of county commissioners may approve, approve with conditions, or deny the application.

g.

The decision of the board of county commissioners may be appealed within twenty-one days to superior court.

3.

Review of Final Development Plan.

a.

A final development plan containing the information required shall be submitted to the planning division. All drawings pertaining to the final development plan shall be prepared on the same sized sheets twenty-four-inch by thirty-six-inch, thirty-six-inch by forty-two-inch, or thirty-inch by forty-inch in dimension. Written material shall be submitted unbound, typed and on eight and one-half by eleven inch paper. The information provided shall reflect the planned unit development as approved by the board of county commissioners;

b.

The planning division shall review the final development plan for compliance with the approved preliminary development plan, including any required conditions. The planning division may approve minor adjustments, provided the adjustments do not increase the density of the development or reduce the amount of open space. Minor adjustments may affect the precise dimensions or location of buildings and accesses, and lot dimensions;

c.

A final development plan meeting all requirements shall be signed by the planning division and placed on file with the county auditor. Any aggrieved person may appeal the planning division's decision of the PUD's compliance, with the board of county commissioners' preliminary approval within twenty-one days of the decision. No development shall occur on the subject property until the appeal period has expired;

d.

If the planning division determines the final development plan is not in compliance with the approved preliminary development plan, the applicant shall either resubmit the final development plan, appeal the determination to the board of county commissioners, or withdraw from the planned unit development review process. All appeals shall be made within twenty-one days of the decision of the planning division;

e.

The planning division's review of the final development plan shall be completed within one hundred twenty days of submittal. If no determination to accept or reject the final development plan is made within the one-hundred-twenty-day period, the plan shall be automatically approved as presented;

f.

If an appeal of the planning division's decision is filed, the planning division shall schedule the appeal for a public hearing before the first available board of county commissioners meeting that satisfies public hearing notice requirements. Notice of the hearing shall be as provided in Section 17.84.030. At such public hearing, the board of county commissioners shall determine whether the final development plan is in compliance with the approved preliminary development plan. If the board of county commissioners determines that compliance has been met, then the planning division shall be directed to approve the final development plan in accordance with subsection H of this section. If the final development plan is determined by the board of county commissioners not to comply with the commissioners' approved preliminary development plan, then the final development plan shall be corrected accordingly by the applicant and resubmitted to the planning division.

I.

Review Criteria for Planned Unit Developments. Planned unit developments shall be evaluated in accordance with the following criteria:

1.

Compliance with the policies of the comprehensive land use plan and the requirements of this section;

2.

Compatibility of the proposed planned unit development with other allowed uses within the vicinity.

The planning commission may recommend and/or the board of county commissioners may require such conditions and improvements as are necessary to ensure the review criteria are satisfied.

J.

Time Limits.

1.

If a final development plan is not submitted for approval within three years of the effective date of approving the preliminary development plan, the preliminary development plan shall expire.

2.

If the planning division returns a final development plan for correction or revision, the preliminary development plan shall expire if a revised final development plan is not resubmitted to the planning division within two hundred forty days or the planning division's decision is not appealed within twenty-one days.

3.

If a complete building permit application has not been submitted for approval within three years of the date the final development plan was approved, the final development plan and the planned unit development shall expire.

K.

Administration. Upon approval of the final development plan, the planning division may approve minor adjustments; provided the adjustments do not affect the basic character or arrangements of buildings, density of the development or minimum requirements for total open space. Minor adjustments may affect the precise dimensions or location of buildings and accesses, provided the adjustments do not vary by more than ten percent from the preliminary development plan.

L.

Required Maintenance Provisions. Agreements and/or plans for the permanent maintenance of all common areas or improvements within or serving a planned unit development which are not dedicated to and accepted by a public agency shall be provided within the final development plan. Such agreements shall clearly delineate maintenance responsibilities and financial arrangements. Maintenance agreements and plans must be approved by the county prosecuting attorney prior to recording the final plat. The county has no duty to enforce any maintenance provisions.

M.

Compliance with Approved Final Plan. Any development or action failing to conform to the final development plan as approved constitutes a violation of this section.

(Ord. 337 § 2, 2005; Ord. 324, 2004; Ord. 310 § 6, 2003)

(Ord. No. 391, § 9, 6-7-2010; Ord. No. 469, § 10, 3-22-2022)