Chapter 21.16
ADMINISTRATION
Sections:
21.16.030 Cooperation of other county departments.
21.16.040 Cooperation of other county agencies and organizations.
21.16.060 Administrative variance.
21.16.070 Hearing examiner authority.
21.16.080 Hearing examiner—Duties and responsibilities.
21.16.100 Transfer of ownership.
21.16.120 Notice of alleged permit violation.
21.16.130 Hearing examiner—Action final.
21.16.140 Inclusion of findings of fact.
21.16.010 Purpose—Intent.
The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare in Skamania County. Where this title imposes greater restriction than is imposed or required by other state laws or county ordinance rules and regulations, the provisions of this title shall prevail. In the event of conflict of the provisions in this title, the more restrictive requirements shall govern. Shorelines covered by the Skamania County shorelines management master program and permits ordinance are subject to the provisions and regulations of that plan and ordinance, the Washington State Shoreline Management Act, and WAC regulations as they hereby exist or are hereafter amended. The area inside of the national scenic area boundary, excluding unincorporated urban areas, is not subject to the provisions and regulations of this title. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part))
21.16.020 Administrator.
The Skamania County planning department director, or designee, is vested with the duty of administering the provisions of this title and shall ensure that this title is enforced through the proper legal channels. No building permit, subdivision, short subdivision, mobile home park, or other development permit shall be approved unless such development conforms in all aspects with the provisions and regulations of this title. The director, or designee, shall prepare and require the use of such forms as determined to be essential to the administration of this title. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part))
21.16.030 Cooperation of other county departments.
The administrator may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other county departments, including but not limited to the county road department, and county parks and recreation department. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part))
21.16.040 Cooperation of other county agencies and organizations.
The administrator shall seek the recommendation of the following agencies and organizations with regard to their interest, concern or special area of expertise in the administration of this title:
A. Skamania County health department;
B. Public utility district No. 1 of Skamania County;
C. Skamania County fire and school districts;
D. Community councils;
E. Outdoor recreation organizations located within the county;
F. Underwood conservation district;
G. Washington State Department of Transportation;
H. Washington State Departments of Game, Fisheries and Ecology;
I. Other relevant agencies and organizations as deemed necessary by the administrator. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part))
21.16.050 Interpretations.
It shall be the duty of the planning director, planning commission, hearing examiner, and board to:
A. Interpret in a zone classification and/or special purpose district any use not described in this title as an allowable, administrative review or conditional use, and deem it to be in general keeping with the uses authorized in such zone classifications and special purpose districts;
B. Interpret the provisions of this title in such a manner as to carry out the intent and purpose of the zoning map(s);
C. Interpret and/or administer the provisions of this title in such a manner as to carry out the intent and purpose of the Skamania County comprehensive plan A as it presently exists or is hereafter amended;
D. A record shall be kept by the planning director of such interpretations to facilitate equitable future administration and to permit periodic amendments to this title. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part))
21.16.060 Administrative variance.
The community development director or designee may, subject to administrative review, approve an administrative variance consisting of a reduction in setback not exceeding ten percent of the minimum development standard of the zoning district in which the use is located. Administrative variances may not allow an increase in the number of dwelling units on a parcel. If the community development director denies the administrative variance, the applicant may apply for a variance before the hearing examiner as provided in Section 21.16.080. Any person requesting a minor variation shall submit a completed application on a form supplied by the community development department. The community development director shall approve an administrative variance only if:
A. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification and/or special purpose district;
B. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone classification and/or special purpose district in which subject property is situated;
C. This section does not apply to any use that is subject to a conditional use permit. (Ord. 2014-02, 1-28-14)
21.16.070 Hearing examiner authority.
A. There is created an office of hearing examiner to hear appeals from decisions of the planning director related to this title and to consider requests for variances, conditional use permits, and other quasi-judicial and administrative determinations as set forth by Chapter 36.70 RCW and Skamania County Code Chapter 2.80.
B. The office of the hearing examiner is created by the board of county commissioners. The hearing examiner shall interpret, review and implement land use regulations, hear appeals from permits, decisions or determinations made by a county official as set forth in this chapter, and review and hear other matters as provided for in the Skamania County Code and other county ordinances. The term “hearing examiner” shall likewise include the deputy hearing examiner.
C. The hearing examiner shall have all the authority provided by the laws of the state and shall operate pursuant to RCW 36.70.970 and Skamania County Code Chapter 2.80. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.16.060)
21.16.080 Hearing examiner—Duties and responsibilities.
The hearing examiner shall hear and decide:
A. Applications for conditional uses. Conditional uses are those uses which may or may not be compatible with permitted uses in a specific zoning designation. If the hearing examiner determines that the use is not compatible with permitted or existing uses in the specific area of the proposed use, then the proposed use shall be denied. Alternatively, if the hearing examiner determines that the proposed use is compatible with permitted and existing uses in the specific area of the proposed use, then the proposed use may be approved or approved with conditions to make it compatible with the area.
1. In determining whether the use is compatible with the area, the proposed use shall:
a. Be either compatible with other uses in the surrounding area or be no more incompatible than are other outright permitted uses in the applicable zoning district;
b. Not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with other permitted uses in the applicable zoning district;
c. Not cause the pedestrian and vehicular traffic associated with the use to conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with other permitted uses in the applicable zoning district;
d. Be supported by adequate service facilities and would not adversely affect public services to the surrounding area;
e. Not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district;
f. Not be in conflict with the goals and policies expressed in the current version of the county’s comprehensive plan.
2. Criteria for determining conditions to be imposed on conditional uses shall be based on the health, safety and general welfare of the public, any environmental standards in force in Skamania County, and other applicable provisions set forth in this title and shall be subject to conditions which may include, but are not limited to, the following:
a. Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
b. Establishing a special yard, open space, lot area or lot dimensions.
c. Limiting the height, size, or location of a building or other structure.
d. Designating the size, number, location, and nature of vehicle access points.
e. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way.
f. Limiting or otherwise designating the number, size, location, height and lighting of signs.
g. Limiting the location and intensity of outdoor lighting and requiring it to be shielded.
h. Requiring berming, screening, landscaping or another facility to protect adjacent or nearby properties and designating standards for its installation and maintenance.
i. Designating the size, height, location and materials for a fence.
j. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other significant natural, historic, or cultural resources.
B. Application for variances from the terms of this title, with the exception of minimum lot size/density and except for administrative variances ten percent or less (refer to Section 21.16.060); provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized 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 that the following circumstances are found to apply:
1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification and/or special purpose district;
2. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone classification and/or special purpose district in which subject property is situated.
C. Revocation of conditional use permit. Noncompliance with any condition placed on a conditional use permit shall be grounds for revocation of the permit. Revocation of a conditional use permit shall be considered a land use action and reviewed by the hearing examiner. The following procedures shall be completed at least twenty days prior to the date of the revocation hearing:
1. A notice of alleged permit violation pursuant to Section 21.16.120 shall be sent by certified mail or personal service to the owner of the property on which the conditional use takes place and the operator of the conditional use, in the event that they are different.
2. Notice of the public hearing shall be made pursuant to Section 21.16.090, Notice of hearing.
3. The owner of the land or operator of the conditional use should be present. However, in the event that they are not, the hearing will still be conducted and a final decision shall be rendered.
D. Appeals of any decision of the planning director, or the director’s designee, relating to this title. Any aggrieved person with standing may file an appeal on forms supplied by the planning department. Such appeals shall be filed in writing with the hearing examiner within fourteen calendar days of the date of the action being appealed, and must include the nonrefundable appeal fee as set by the board of county commissioners. Upon the filing of an appeal from an administrative determination the planning department shall set the time and place at which the matter will be considered. At least a ten-calendar-day notice of such time and place shall be given to the appeal applicant and the planning director (and the adverse parties of record in the case if not the same as the appeal applicant) together with a copy of the written appeal. The planning director shall transmit to the hearing examiner all of the records pertaining to the decision being appealed, together with such additional written report as the director deems pertinent. A notice of hearing shall be made pursuant to Section 21.16.090, Notice of hearing. In exercising the powers granted herein, the hearing examiner may reverse, affirm, or modify all or in part the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the planning director from whom the appeal is taken, insofar as the decision on the particular issue is concerned. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.16.070)
21.16.090 Notice of hearing.
Upon filing of an application for a conditional use permit or a variance or in the case of a request for a revocation of a conditional use permit, the planning department shall set the time and place for a public hearing on such matter, and written notice thereof shall be mailed to all property owners of record located within five hundred feet of any portion of the boundary of the subject property and any contiguous lots in the same ownership. The written notice shall be mailed not less than twenty days prior to the hearing. In addition, the planning department shall ensure that additional notice of such application is given by arranging for publication of the notice of hearing not less than ten days prior to the hearing in the official county newspaper. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part). Formerly 21.16.080)
21.16.100 Transfer of ownership.
The granting of a conditional use permit or a variance and the conditions set forth run with the land; compliance with conditions of the conditional use permit or variance is the responsibility of the current owner of the property, the applicant and successors. Conditional use permits must meet the conditions set in the original permit, or a new public hearing is required prior to the hearing examiner amending the conditions in an existing conditional use permit. (Ord. 2014-02, 1-28-14)
21.16.110 Reapplication.
No request for a conditional use permit shall be considered by the hearing examiner within the twelve-month period immediately following a previous denial of such request. (Ord. 2014-02, 1-28-14)
21.16.120 Notice of alleged permit violation.
A notice of alleged permit violation shall contain the following:
A. The following statement shall appear at the top of the first page: “NOTICE OF ALLEGED PERMIT VIOLATION”;
B. A brief description of the nature of the violation;
C. The name of the county department and staff member of that department to contact regarding the violation;
D. The date that the warning is issued;
E. That failure to correct the alleged violation or to contact the appropriate county department may result in a formal action to revoke any applicable permits or the imposition of a fine up to five hundred dollars per violation. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part). Formerly 21.16.090)
21.16.130 Hearing examiner—Action final.
The action by the hearing examiner shall be final and conclusive, unless within the time frame provided in Chapter 36.70C RCW the applicant or an adverse party makes application to a court of competent jurisdiction for judicial review of the land use decision, or unless such action is appealed to the Columbia River Gorge Commission as provided in Section 22.06.130. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.16.100)
21.16.140 Inclusion of findings of fact.
The hearing examiner shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based. (Ord. 2014-02, 1-28-14; Ord. 2007-02 (part): Ord. 2005-02 (part). Formerly 21.16.110)
21.16.150 Fees.
Upon submittal and acceptance of an application from the party or parties initiating a conditional use permit, variance, administrative appeal under Section 21.16.080(D), or a zoning or comprehensive plan map change, the applicant shall pay a fee to be established by the board of county commissioners from time to time, for initiating the permit or such action. Fees shall be submitted to the department and checks shall be made payable to the Skamania County treasurer. Fees are not refundable. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part). Formerly 21.16.120)
21.16.160 Annual review.
This title shall be reviewed annually for its effect and use in protecting the public health, safety and general welfare in Skamania County. (Ord. 2014-02, 1-28-14; Ord. 2005-02 (part). Formerly 21.16.130)