Chapter 11.98
REASONABLE USE REGULATIONS
Sections:
11.98.020 Reasonable use exception.
11.98.010 Purpose.
Whereas, it is the purpose of this title to implement the goals of the Growth Management Act, including but not limited to:
(1) Encouraging orderly growth within Chelan County;
(2) Encouraging the most appropriate use of the land;
(3) Protecting the natural environment;
(4) Conserving and stabilizing the value of property;
(5) Providing the desired levels of population density and intensity of land use;
(6) Facilitating adequate provisions for community services and utilities, such as water and sewage, electrical distribution systems, transportation, schools, parks, and other public requirements; and
(7) Generally promoting and protecting the public health, safety, convenience, and general welfare.
Whereas, in striving to achieve these goals, Chelan County recognizes that it must respect the limitations that private property rights, the Washington State Constitution and the United States Constitution place on its regulatory authority. Thus, it is the purpose of this regulation to prevent arbitrary and discriminatory government action by establishing a method by which private property owners may avoid application of the Chelan County zoning code where such application would effect an unconstitutional taking of private property. (Res. 2005-67, 6/28/05).
11.98.020 Reasonable use exception.
(1) Generally, nothing in this Chelan County zoning title is intended to deny a fundamental attribute of private property ownership or to deny all economically viable use of property.
(2) Applicability of the Reasonable Use Exception.
(A) A landowner/applicant may apply for a reasonable use exception pursuant to these regulations if the landowner/applicant has reason to believe that the application of the Chelan County zoning code denies any fundamental attribute of private property ownership inconsistent with the limitations upon other properties in the zone in which the property is situated.
(B) A landowner/applicant may apply for a reasonable use exception pursuant to these regulations if the landowner/applicant has reason to believe that the application of the Chelan County zoning title denies all economically viable use of private property as a whole or creates a severe impact on a landowner’s/applicant’s economic interest in the property as a whole.
(3) The application for a reasonable use exception shall include the following information:
(A) A description of site; and a description of the areas of the site which do not conform to the regulatory requirements of the ordinance from which the applicant seeks the reasonable use exception;
(B) A description of the proposed development, including a site plan;
(C) An analysis of the modification needed to the standards of the ordinance from which the applicant seeks the reasonable use exception to accommodate the proposed development; and
(E) Such other information as the county 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 the reasonable use exception submittal requirements’ checklist.
(4) Upon a finding that the required fee has been paid and the application is complete, the director of the planning department and/or designee shall prepare a recommendation to the BOCC.
(5) The BOCC shall review the reasonable use exception application and shall conduct an open record public hearing.
The BOCC shall make a final decision as to whether the reasonable use exception will be granted based upon the following criteria:
(A) Whether the application of the Chelan County zoning title would prohibit 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 preexisting limits on the property which prohibit such use(s);
(B) Whether there are no other reasonable uses to which the property can be put;
(C) Whether the proposed use poses an unreasonable threat to the harm sought to be avoided by the application of the Chelan County zoning title, or to the public health, safety or welfare on or off the exception site;
(D) 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 the resolution codified in this chapter;
(E) Whether the exception to bulk, dimensional and performance standards is the minimum necessary to allow for reasonable uses of the property;
(F) Whether the use and activity to which the property is put is consistent with the permitted uses and activities within the zone district; and
(G) Whether such use is consistent with the general purposes of the Chelan County zoning title and the public interest.
(6) A landowner/applicant, who satisfies one or more of the criteria outlined in subsection (2) of this section, may apply for a reasonable use exception, without first having applied for a variance, only if the requested reasonable use exception includes relief from standards for which a variance cannot be obtained. (Res. 2005-67 § 1, 6/28/05).
11.98.030 Other permits.
In those cases where a proposed action seeking a reasonable use determination also requires other county permit(s), no other permit which is dependent upon a reasonable use exception will be accepted or approved prior to the review and approval of such reasonable use exception by the board of Chelan County commissioners. (Res. 2005-67 § 2, 6/28/05).