Chapter 18.05 GENERAL AND ADMINISTRATIVE PROVISIONS

J. To facilitate adequate provisions for community utilities and facilities such as water, sewage, electrical distribution systems, transportation, schools, parks, and other public requirements;

K. To generally promote public health, safety, convenience, and general welfare; and

L. To promote the orderly development of the city according to a comprehensive plan; to reserve and stabilize the value of property; to encourage protection of critical areas of the environment; to promote measures which preserve or improve the county’s quality of life; and otherwise to promote the public health, safety, and general welfare. It is not the purpose of this title that ordained actions result in an unconstitutional taking of private property. It is not the purpose of this title to expand or reduce the scope of private property protections provided in the state and federal Constitutions. [Ord. 2015-02 § 2; Ord. 2008-04 § 1; Ord. 95-01 § 2; Ord. 90-02 § 2.]

18.05.030 Compliance with title provisions.

No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this title. [Ord. 2015-02 § 2; Ord. 95-01 § 4; Ord. 90-02 § 4.]

18.05.040 Maintenance of minimum title requirements.

No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension, or size below the minimum required by this title, nor shall any lot area, yard, or other open space or off-street parking or loading area requirement for one use be used as the lot area, yard or other open space or off-street parking or loading area requirement for any other use, except as provided in this title. [Ord. 2015-02 § 2; Ord. 95-01 § 23; Ord. 90-02 § 23.]

18.05.050 Variances.

A. General. The hearing examiner shall have the authority to grant a variance from the requirements of this title after considering the matter during a duly advertised public hearing and after giving notice to adjoining property owners as provided in CCC 18.05.080.

B. Findings. Before any variance can be granted, the hearing examiner shall prepare findings of fact setting forth and showing that the following circumstances exist:

1. The granting of a variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated; and

2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification; and

3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

4. The granting of variance shall not result in the allowance of a use which is not classified permitted outright or conditional use in the zone wherein the use would be located; and

5. The granting of the variance shall be in harmony with the general purpose and intent of this title.

C. Repealed by Ord. 2017-04.

D. Limitations of Review. The fact that property may be utilized more profitably shall not be an element of consideration before the hearing examiner in any review of a variance request.

E. Variances Subject to Conditions. The hearing examiner may grant a variance subject to conditions and safeguards designed to ensure that the purpose and intent of this title and the Columbia County comprehensive plan will not be violated.

F. Application for a Variance. A property owner or his authorized agent may initiate a request for a variance by filing an application with the county planning director using forms prescribed for the purpose. The applicant shall pay a fee as established by this title at the time the application is filed.

G. Hearing and Administrative Procedures. Hearing and administrative procedures of the hearing examiner shall be as established in CCC 18.05.080. [Ord. 2017-04; Ord. 2015-02 § 2; Ord. 2009-04 § 2 (Exh. B); Ord. 95-01 § 34; Ord. 90-02 § 34.]

18.05.055 Administrative variances.

A. Definition. An administrative variance shall be defined as the following:

1. Deviation from the requirements of this title, relating to minimum lot size and lot dimensions.

2. Eligibility for an administrative variance shall include:

a. The project is naturally SEPA exempt per Chapter 43.21C RCW.

b. The variance will not deviate from the requirements of this title by more than 15 percent.

c. The provisions of this chapter are physically restrictive and/or confined by conditions including, but not limited to, the existing built environments, and parent lot size and existing lot configuration.

3. Ineligibility for an administrative variance shall include any application that requires SEPA review, critical areas review, floodplain review, creates a lot less than 7,200 square feet, or other land use decisions as determined by the planning director. Any application received for an administrative variance that does not meet the criterion of subsection (A)(2) of this section will be denied. If ineligible for an administrative variance, the applicant may apply for and follow the procedure as outlined in CCC 18.05.050, Variances.

B. General. The planning director shall have the authority to grant an administrative variance from the requirements of this title after considering the matter during a duly advertised public hearing with the planning commission and after giving notice to adjoining property owners as provided in CCC 18.05.070.

C. Findings. Before any variance can be granted, the planning director shall prepare findings of fact setting forth and showing that the following circumstances exist:

4. The granting of variance shall not result in the allowance of a use which is not classified permitted outright or conditional use in the zone wherein the use would be located; and

5. The granting of the variance shall be in harmony with the general purpose and intent of this title.

D. Limitations of Review. The fact that property may be utilized more profitably shall not be an element of consideration before the planning director in any review of a variance request.

E. Variances Subject to Conditions. The planning director may grant a variance subject to conditions and safeguards designed to ensure that the purpose and intent of this title and the Columbia County comprehensive plan will not be violated.

G. Appeals to the Hearing Examiner. Appeals of administrative variances shall be made to the hearing examiner. To be considered, appeals must be submitted in writing within 10 days of the final decision and include the specific nature of the appeal and justification for said appeal. The planning director shall submit the appeal to the hearing examiner via email within five working days. All costs of the appeal will be borne by the appellant. [Ord. 2018-02.]

18.05.060 Amendments to the zoning ordinance.

A. Authorization to Initiate Amendments. An amendment to the text or the zoning maps of this title may be initiated by the board of county commissioners, by the planning commission, or by a petition of one or more persons affected by the proposed amendment. Said petition shall be filed with the county planning director.

B. Planning Commission Review and Recommendation. Any proposed amendment to this title shall be reviewed by the planning commission, which shall recommend to the board of county commissioners that the proposed amendment be either enacted or rejected.

C. Hearing on a Petition. Whenever a petition for an amendment is filed with the planning director, the planning commission at its next meeting shall conduct a public hearing on the petition, but only if:

1. The petitioner requests the hearing at the planning commission’s next meeting; and

2. The petition in completed form has been filed with said director at least 21 days prior to the meeting. A petition shall not be in “completed form” under this section if it fails to comply with the requirements of subsection (D) of this section.

D. Contents of Petition for Amendment. A petition for an amendment shall contain the following information:

1. The proposed amendment and the reason it is sought.

2. An identification of that portion of this title or the zoning map proposed to be amended.

3. A legal description of all land which would be governed by new land use regulations if the amendment were enacted.

4. A generalized description of the actual land uses on all land described in subsection (D)(3) of this section and on all land located within 500 feet of the land described in subsection (D)(3) of this section.

5. A description of the petitioner’s property which would be governed by the new land use regulations if the amendment is enacted.

6. The names and addresses of each owner of land located within 500 feet of the land described in subsection (D)(3) of this section.

E. Findings of Planning Commission. Whenever the planning commission makes a recommendation either for enactment or rejection of an amendment, it shall prepare a statement containing its findings in support of the recommendation, which shall include, but not be limited to, findings on the following points:

1. Whether the enactment of the amendment complies with the purpose of the Columbia County comprehensive plan;

2. Whether all of the new uses to be permitted on the land covered by the amendment would be compatible with uses permitted on adjacent or nearby land;

3. Whether there is likelihood that enactment would have a disruptive effect on the stability and continuation of land use patterns on land not covered by the amendment;

4. Whether there is likelihood that the new land uses provided under the amendment would cause the value of land not covered by the amendment to increase greatly in value and thereby render the current land use provisions economically ill-suited as they pertain to such land;

5. Whether the existing use regulations unreasonably restrict or prevent use of land covered by the amendment, and whether such regulations apply to adjacent uses;

6. Whether the enactment of the amendment complies with the purpose of this title and the public interest would be served; and

F. Recommendations to Board. Within 14 days after the date on which the planning commission adopts a recommendation on an amendment, it shall provide the petitioner and the board of county commissioners with a copy of its findings.

G. Action by Board. Upon receipt of any recommended amendments to the zoning ordinance, the board of county commissioners shall at its next regular public meeting set the date for a public meeting where it may, by ordinance, adopt or reject the recommended amendment.

H. Review by Board. The board of county commissioners shall review the petition in the identical form in which it was finally acted on by the planning commission, except that technical and nonsubstantial changes may be made while the petition is before the board.

I. Substantial Changes by Board. If after considering the matter at a public meeting the board of county commissioners deems substantial changes in the recommendations of the planning commission to be necessary, the change shall not be incorporated in the recommended amendment until the board shall conduct its own public hearing, giving notice thereof as provided in subsection (J) of this section, and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be controlling.

J. Notices of Public Hearing. Each public hearing held pursuant to this section shall be as prescribed in CCC 18.05.070.

K. Withdrawal of Petition. A petition of an amendment may be withdrawn upon written note from the petitioner or, if there is more than one petitioner, by a majority of the persons signing the petition. A withdrawn petition shall not be subject to mandatory review by the planning commission and the board of county commissioners.

L. Fee. The petitioner shall pay a fee as established in CCC 18.05.110 at the time the application is filed with the planning director. [Ord. 2017-04; Ord. 2015-02 § 2; Ord. 95-01 § 35; Ord. 90-02 § 35.]

18.05.070 Public hearings.

Unless otherwise directed by this title, notice of time, place and purpose of all public hearings shall be given by one publication in a newspaper of general circulation in the county at least 10 days before the date of hearings. Also, each record owner of property within 500 feet of any property included within a proposal shall be mailed notice of said hearings. The planning commission and the board of county commissioners may prescribe additional methods for providing notice. [Ord. 2015-02 § 2; Ord. 95-01 § 36; Ord. 90-02 § 36.]

18.05.080 Hearing examiner.

A. Authority. The Columbia County hearing examiner is created under the authority of Chapters 36.70, 36.70A and 36.70B RCW, as now or hereafter amended.

B. Appointment. The hearing examiner shall be appointed as a quasi-judicial officer as appointed by the board, with removal from the position being permitted with just cause.

C. Purpose. The hearing examiner:

1. Assures fairness and due process protection in the land use decision process;

2. Renders land use decisions in an efficient and effective manner;

3. Provides consistency and predictability in applying relevant criteria specified in the county code and state law;

4. Provides a forum for conducting public hearings required by the county code; and

5. Provides a forum for hearing appeals of administrative decisions and other matters as allowed by the county code.

D. Hearing Examiner Pro Tem. The examiner pro tem shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner.

E. Conflict of Interest.

1. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his or her decision-making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. The hearing shall then be conducted by the examiner pro tem.

2. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or prehearing contracts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or prehearing interest contract impairs the examiner’s ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness.

F. Attempts to Interfere or Improperly Influence Examiner Prohibited. No commissioner, county official, or any other person shall attempt to interfere with or improperly influence the examiner in the performance of his or her designated duties.

G. Organization and Business.

1. The Columbia County planning director or his or her representative shall serve as secretary to the hearing examiner.

2. The Columbia County planning department shall serve as staff to the hearing examiner and may communicate directly with the hearing examiner regarding procedures, but not the substance of any matter pending before the hearing examiner for decision.

3. The hearing examiner shall have the power to adopt rules for the transaction of business, to administer oaths and affirmations, and to preserve order.

4. The hearing examiner shall keep with his or her staff written record of its meetings, resolutions, findings, conclusions, and determinations, which shall be a matter of public record.

H. Duties. The hearing examiner shall make decisions on all applications and appeals properly before him or her and shall make decisions in compliance with this section. In regard to the hearing examiner’s duties under subsection (H)(1) of this section, the hearing examiner may approve, approve with conditions, or deny the subject application. In regard to the hearing examiner’s duties under subsection (H)(2) of this section, the hearing examiner may affirm, reverse, or remand for further consideration in accord with the hearing examiner’s instructions. In regard to the hearing examiner’s duties under subsection (H)(3) of this section, the hearing examiner may revoke the conditional use permit, deny the revocation of the conditional use permit, or deny the revocation of the conditional use permit along with revision of the conditions of the permit.

1. Hearing Examiner Decisions. The hearing examiner shall receive and examine available information, conduct at least one predecision public hearing, prepare a record thereof, and enter findings of fact and conclusions based upon those facts on the following applications:

a. Conditional use permit applications.

b. Variance requests.

c. Preliminary subdivision maps, excluding short plats.

d. Application for any other land use regulatory permits which may be required by ordinance or as directed by the planning director.

2. Appeal of Planning Director Decisions. The hearing examiner shall conduct an appeal process, pursuant to this section, of the following:

a. Appeal of the planning director’s formal interpretation of the county’s land use regulation codes;

b. Appeal of any planning director land use decision as permitted by law or CCC Title 19, including, by way of illustration:

i. SEPA determination for which a local appeal is permitted under the county SEPA regulations;

ii. Shoreline permits;

iii. Critical area permits;

iv. Flood area permits;

v. Zoning compliance decisions;

c. Appeals of procedural determinations of the planning director, such as completeness of applications, shall not be permitted.

3. Revocation of a Conditional Use Permit. The hearing examiner shall, at the request of the planning director, receive and examine available information, hold at least one public hearing, prepare a record thereof, and enter findings of fact and conclusions based upon those facts in regard to the revocation of a conditional use permit.

I. Administration. The administrator of this section shall be the planning director and/or his/her designee.

J. Definitions.

“Appeal hearing” is a hearing conducted by the hearing examiner.

“Appellant” means a person, organization, association or other similar group who files a complete and timely appeal of a decision in accordance with the Columbia County Code.

“Applicant” means a person (or persons) who is the legal owner of the subject property or the representative authorized in writing of the owner of the subject property and who has applied for a land use permit. If a personal representative has been authorized in writing to proceed on behalf of the property owner with an application, the county shall deal exclusively with that representative as the primary contact for the application proposal.

“Application” means any land use or environmental permit or license required from the county for a proposed development or action subject to this section.

“Complete application” shall refer to an application subject to this section, which has been determined by the planning director to contain the minimum application requirements specified under the Columbia County Code. Determining an application to be complete shall not prevent the planning director from requesting additional information relating to the proposal if that is necessary for reaching an informed decision.

“Days” means calendar days, unless otherwise specified.

“Decision” means a final determination or decision on a land use permit application by the designated decision-making body.

“Decision-making body” means the planning director or the hearing examiner.

“Parties of record” includes the applicant and those persons who have provided oral testimony at an open public hearing or who have provided written comments that form part of the public record, and those persons who have requested notification of the permit decision.

“Project permit” or “project permit application.” See “Application.”

“Public hearing” means a hearing conducted by the hearing examiner.

“Record” means the oral testimony, documents, photos, and other physical evidence presented or mailed to the county as part of public comment and accepted at an open record hearing.

K. Public Hearings Procedures.

1. Procedures Generally.

a. The hearing examiner shall hold at least one public hearing each month; provided, that if no matters over which the hearing examiner has jurisdiction are pending upon his or her calendar, a meeting will not be scheduled. The hearing examiner may schedule additional hearings as necessary to complete review of pending matters. Agendas for hearing examiner hearing shall be developed by the planning director, or designee, in coordination with the hearing examiner.

b. The hearing examiner, or his or her staff, will advertise open public hearings as required by the Columbia County Code or by law.

c. The procedures for initiating and conducting hearings where the hearing examiner makes the permit decision after the public hearing vary from the procedures for hearings where the hearing examiner is hearing an appeal of a decision of the planning director as described below.

2. Procedures for Public Hearings When Hearing Examiner Makes the Decision After the Hearing.

a. The procedures for application and scheduling the hearing examiner hearing and the standards that govern the hearing examiner decision shall be as specified in the Columbia County zoning code, subdivision regulations, or other county ordinances that govern the land use permit or approval that is the subject of the hearing and hearing examiner decision.

b. The public hearing will be informal in nature, but organized so that testimony and evidence can be presented efficiently. The hearing shall include at least the following elements:

i. An introductory outline of the procedure by the hearing examiner.

ii. Testimony by the planning department which shall summarize the written staff report and provide any additional exhibits or other information the staff believes should be brought to the hearing examiner’s attention.

iii. Testimony by the applicant and the applicant’s witnesses.

iv. Testimony from other individuals or organizations wishing to be heard.

v. Opportunity for the applicant to respond.

vi. Questions by the hearing examiner are permitted at any time during the hearing.

c. Hearings shall be electronically recorded, and the recordings shall be made a part of the record. Copies of the electronic recordings shall be made available upon request and upon payment for the costs of reproduction.

d. Technical rules of evidence will not be applied. The hearing examiner shall have the authority to establish reasonable rules governing the admission of evidence at the hearing and to give the evidence such weight as the hearing examiner deems relevant for the decision being made.

e. The hearing examiner may impose reasonable limitations on the nature and length of testimony, including whether, and the method by which, one participant may ask questions of another participant in the hearing, or whether such questions should all be directed to and through the examiner. In so doing the examiner shall give consideration to:

i. The expeditious completion of the hearing.

ii. The need to provide all parties a fair opportunity to present their testimony and documents, photographs, and physical evidence.

iii. Accommodating the desires of members of the public to be heard.

At the hearing examiner’s discretion, irrelevant or unduly repetitious testimony may be excluded. If all testimony cannot be presented in the time available, the hearing shall be continued.

f. Whenever the views of any formal or informal organization are to be presented, the organization should be encouraged to designate a representative with authority to coordinate the presentation and to speak for the group. Any communications with the organization by the hearing examiner or by any party during the course of proceedings shall be through the designated representative.

g. Prior to the conclusion of a matter, including appeals therefrom, no communications with the hearing examiner outside of the hearing are allowed on the merits or facts of any matter which has been or will be scheduled to come before the hearing examiner. This prohibition includes, but is not limited to, communications with county employees, applicants and their representatives, and others participating in the hearing process.

h. The hearing examiner has the option to conduct an unaccompanied visit to the site before or after a hearing, and to include the examiner’s site observations in the findings and decision.

i. The hearing examiner may continue proceedings to a specified date or reopen proceedings for good cause any time prior to the issuance of the decision, subject to notice requirements and other applicable law.

j. The hearing examiner may, but is not required to, announce a decision at the hearing and prepare a written decision thereafter. The decision will be contained in a written order with supporting findings and conclusions. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county’s comprehensive plan and the county’s development regulations. Unless otherwise agreed to by the applicant or for decisions involving projects or permits of unusual scope and complexity, the decision will be issued no later than 10 working days after the record closes.

k. The planning department will maintain a copy of the hearing examiner’s decision, available for public inspection, in the official file of each application. The applicant will receive a copy of the hearing examiner’s decision free of charge. Any other person may receive a copy upon payment of the costs of reproduction and postage.

3. Procedures for Hearings on an Appeal from Planning Director Decision.

a. Filing an Appeal of a Planning Director Decision.

i. Appeals of any of the planning director decisions listed in subsection (H)(2) of this section shall be filed with the planning director within 14 calendar days after the date of the decision.

ii. Application for appeal must be made on the form provided by the planning department and shall include the following:

(A) The decision being appealed;

(B) The name and address of the appellant and his/her interest(s) in the matter;

(C) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

(D) The desired outcome or changes to the decision;

(E) The appeal fee as required by the Columbia County Code;

(F) Any additional requirements set forth in the underlying code;

(G) Any additional attachments provided by the appellant, consistent with the limitations set forth hereunder.

b. Standards for Review of a Decision of the Planning Director. The hearing examiner shall uphold the decision of the planning director on appeal unless the hearing examiner finds that one or more of the following standards has been met:

i. The planning director engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;

ii. The decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;

iii. The decision is not supported by evidence that is substantial when viewed in light of the whole record before the court;

iv. The decision is a clearly erroneous application of the law to the facts;

v. The decision is outside the authority or jurisdiction of the body or officer making the decision.

c. The hearing examiner or his or her staff will advertise appeal hearings as required by the Columbia County Code or by law.

d. The appeal hearing will be formal in nature and shall proceed as follows:

i. An introductory outline of the procedure by the hearing examiner.

ii. Testimony by the planning department which shall identify the planning director’s decision, summarize the written staff report and provide any additional exhibits or other information the staff believes should be brought to the hearing examiner’s attention.

iii. Testimony by the appellant.

iv. Testimony by the applicant or individual who requested the land use decision if applicable.

v. Testimony by the witnesses, upon a determination by the hearing examiner that the witness is credible, and any testimony or evidence to be solicited from the witness is relevant and reliable evidence.

vi. Questions by the hearing examiner are permitted at any time during the appeal hearing.

e. Testimony shall be taken under oath.

f. Hearings shall be electronically recorded and the recordings shall be made a part of the record. Copies of the electronic recordings shall be made available upon request and payment of the costs of reproduction.

g. Technical rules of evidence will not be applied. The hearing examiner shall have the authority to establish reasonable rules governing the admission of evidence at the hearing and to give the evidence such weight as the hearing examiner deems relevant for the decision being made.

h. The hearing examiner may impose reasonable limitations on the nature and length of testimony, including whether and the method by which one participant may ask questions of another participant in the hearing, or whether such questions should all be directed to and through the examiner. In so doing the examiner shall give consideration to:

i. The expeditious completion of the hearing.

ii. The need to provide all parties a fair opportunity to present their testimony and documents, photographs and physical evidence.

i. At the hearing examiner’s discretion, irrelevant or unduly repetitious testimony may be excluded. If all testimony cannot be presented in the time available, the appeal hearing shall be continued.

j. The hearing examiner has the option to conduct an unaccompanied visit to the site before or after an appeal hearing and to include the hearing examiner’s site observations into the findings and decision.

k. The hearing examiner may continue the appeal hearing proceedings to a date certain or reopen proceedings for good cause any time prior to the issuance of the decision, subject to notice requirements and other applicable law.

l. The hearing examiner may, but is not required to, announce a decision at the appeal hearing and prepare a written decision thereafter. The decision will be written and contain findings and conclusions consistent with this section (either those recommended by staff or those prepared by the hearing examiner). The decision will be issued no later than 10 days from the date of the appeal hearing closure or close of record, whichever is later, except for decisions of unusual scope or complexity, in which case the hearing examiner may inform the parties at the close of the appeal hearing that the decision may take longer than 10 days.

m. The planning department will maintain a copy of the hearing examiner’s appeal decision, available for public inspection, in the official file of each application. The appellant will receive a copy of the hearing examiner’s decision free of charge. Any other person may receive a copy upon payment of the costs of reproduction and postage.

L. Time Limit for Final Decision – Exceptions.

1. This subsection shall apply to all land use decisions until CCC Title 19 is amended to establish time limits for decisions contemplated by this section.

2. All land use decisions by the planning director or hearing examiner shall be made within the time permitted by law, but shall not exceed 120 days after the county has notified the applicant that the application is complete, as determined by the planning director.

3. Excluded Time Periods. In determining the number of days that have elapsed after the planning director has notified the applicant that the application is complete for processing, the following periods shall be excluded:

a. Any period during which the applicant has been requested by the decision-making body to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the decision-making body notifies the applicant of the need for additional information, corrections or studies until the date the decision-making body determines the request has been satisfied by the applicant or 14 days after the date the information has been provided to the county, whichever is earlier;

b. If the decision-making body determines that the information submitted by the applicant under subsection (L)(3)(a) of this section is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection (L)(3)(a) of this section shall apply as if a new request for studies had been made;

c. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW and Chapter 197-11 WAC (SEPA);

d. Any period for administrative appeals of project permits or SEPA appeals not to exceed 90 days for open record appeal hearings, or 60 days for closed record appeal hearings;

e. Any extension of time mutually agreed upon by the applicant and the decision-making body;

f. Any period for reconsideration action to the planning director or hearing examiner.

4. Time Limits Exceptions for Certain Applications. The 120-day time limit shall not apply if a project permit application:

a. Requires an amendment to the comprehensive plan text or map, or a development regulation;

b. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, the siting of an essential public facility as provided in RCW 36.07A.200, or PUD; or

c. Is substantially revised by the applicant, consistent with this section.

5. Time Limit Extensions. If the decision-making body is unable to issue its final decision within the allowed time limit, it shall provide written notice of this fact to the project applicant; provided, that any extension of such time limit for a permit decision shall not exceed one additional time period according to permit or action. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of final decision. In this situation, the county shall not be liable for damage due to a failure to make a final decision within the time limits established in this section.

M. Procedures for Reconsideration. The applicant or appellant may seek reconsideration of a final decision only by filing a written request on a form provided by the planning department within 10 calendar days of the mailing of the written decision. The request for reconsideration shall be based on the record before the decision-making body and shall not be based on new evidence not contained in that record. The party requesting reconsideration shall provide a copy of the request to the applicant and to any appellant (in the case of reconsideration of a decision on appeal of a planning director decision). The applicant and/or the appellant (if applicable) shall have five business days after the date the request for reconsideration is filed to submit a response, if they choose to respond. The decision-making body shall consider the request and any response and shall render a decision on the request for reconsideration within 10 calendar days after the deadline for filing any response to the request for reconsideration. Judicial appeal periods shall run from the date a decision on reconsideration is rendered or from the date the original decision is made, if no request for reconsideration is filed pursuant to this subsection.

N. Judicial Appeals. Appeals of final decisions under this section, for which all appeals authorized in this section have been timely exhausted, shall be made in a manner consistent with state law, including Chapter 36.70C RCW.

O. Fees and Costs. Fees and/or reimbursement for costs incurred pursuant to this section shall be established either by resolution or pursuant to a cost recovery agreement with the applicant. [Ord. 2017-04; Ord. 2015-02 § 2; Ord. 2009-04 § 1 (Exh. A); Ord. 95-01 § 37.]

18.05.090 Administrative official duties.

A. The county planning director and/or the county building official, as administrative officials, shall administer and enforce this title.

B. If any administrative official shall find that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures, or addition of structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title. [Ord. 2015-02 § 2; Ord. 95-01 § 38; Ord. 90-02 § 38.]

18.05.100 Forms for petitions, applications, and appeals.

All petitions, applications, and appeals provided for in this title shall be made on forms provided for the purpose or as otherwise prescribed by the planning director in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications for permits shall be accompanied by plans, drawn to scale, showing the following:

A. The actual shape and dimensions of the lot to be built upon.

B. The actual sizes and locations on the lot of the buildings and other structures, existing and proposed.

C. The existing and intended use of each building, structure, or part thereof.

D. Repealed by Ord. 2017-04.

E. Such other information as is needed to determine their conformance with the provisions of this title. [Ord. 2017-04; Ord. 2015-02 § 2; Ord. 95-01 § 39; Ord. 90-02 § 39.]

18.05.110 Schedule of fees, charges, and expenses.

A. Fees related to application approval and other actions authorized or required by this chapter shall be established by the board of county commissioners.

B. No action shall be taken by any approval body on a proposed permit, certificate, conditional use permit, variance, amendment to the zoning ordinance, appeal, planned unit development, or site plan until such costs, fees, or expenses listed in this section have been paid in full to the Columbia County treasurer. Said costs, charges, fees, or expenses shall not be refundable.

C. All advertising costs for a public hearing shall be borne by the applicant. Said costs shall be paid by the applicant directly to the newspaper that publishes said hearing notice.

D. If any decision by any approval body is appealed to superior court by any aggrieved person, the cost of transcription of all records ordered certified by said court for review shall be borne by the appellant. [Ord. 2015-02 § 2; Ord. 2010-03 § 1; Res. 96-19; Ord. 95-01 § 40; Ord. 90-02 § 40.]

18.05.120 Permits required.

Prior to the erection, movement, reconstruction, enlargement, or alteration of a structure, a permit for such erection, movement, reconstruction, enlargement, or alteration shall be obtained from the Columbia County planning department. The applicant shall pay a fee as established by the board of county commissioners at the time the application is filed. [Ord. 2015-02 § 2; Ord. 95-01 § 41; Ord. 90-02 § 41.]

18.05.130 Expiration of building permit.

A. If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire. Said permit shall be canceled by the administrative official, and written notice thereof shall be given to the persons affected.

B. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. [Ord. 2015-02 § 2; Ord. 95-01 § 42; Ord. 90-02 § 42.]

18.05.140 Time limit on a permit for a conditional use or a variance.

A permit for a conditional use or for a use involving a variance shall be void after one year if proposed use has not commenced. [Ord. 2015-02 § 2; Ord. 95-01 § 43; Ord. 90-02 § 43.]

18.05.150 Land use planning.

The Columbia County planning commission has attempted to write the ordinance codified in this title as a tool to implement suitable land use planning. Therefore, it is recommended that the land uses established for the various zones shall be considered as possible intended uses and not be construed as being the highest and best use for every parcel of land, except where use has previously been initiated. [Ord. 2015-02 § 2; Ord. 95-01 § 48; Ord. 90-02 § 48.]

18.05.160 Comprehensive plan.

The board of county commissioners of Columbia County does hereby ordain to adopt by reference the Columbia County comprehensive plan, both printed document and map. [Ord. 2015-02 § 2; Ord. 2008-01; Res. 95-28.]

18.05.170 Required notice.

The county shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within 500 feet of, lands designated as agricultural lands, forest lands, or mineral resource lands contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. [Ord. 2015-02 § 2; Ord. 2008-04 § 1; Ord. 95-01 § 31A.]