NOTICE OF PUBLIC HEARING ORDINANCE NO.177 In accordance with Chapter 65.16 RCW, Pacific County is publishing a summary of Ordinance No. 177, processing applications for development, interpret, and apply the provisions under the Pacific County Shoreline Master Program (PCSMP) and other applicable ordinances. The full text will be mailed without charge upon request and can also be found on our website at www.co.pacific.wa.us. A public hearing to consider the proposed ordinance is scheduled for Tuesday, February 23, 2016, at 10:00A.M, or soon thereafter, in the Commissioners’ Meeting Room of the Courthouse Annex, 1216 W. Robert Bush Drive in South Bend, WA. PROPONENT: County of Pacific, Board of County Commissioners, P.O. Box 187, South Bend, WA 98586. Telephone (360)875-9337, (360)642-9337, (360)484-7337 or (360)267-8337. FORMAL IDENTIFICATION: Processing Land Use Development Applications SUMMARY OF ORDINANCE NO. 177 procedures for processing land use development applications Added Table of Contents and Definitions Section 4 Type I Process – Ministerial Decisions 3) Administrative Variance a) The responsible official may grant a variance to numerical standards including but not limited to: setbacks, buffers, building height, width, lot area, lot coverage, lot dimensions and parking standards. b) An application for a variance(s) shall be subject to Type I review if the variance(s) is for up to and including ten percent (10%) of the numerical standard(s) in question. c) A Type I variance for lot area shall be automatically granted without application for a variance. d) The responsible official shall approve an administrative variance(s), if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance(s) complies with all of the following: i) Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources; and ii) If variances to more than one (1) regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated; and iii) Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and iv) The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided. Section 5 Type II Process – Administrative Decisions 4) Administrative Variance a) The responsible official may grant a variance to numerical standards including but not limited to: setbacks, buffers, building height, width, lot area, lot coverage, lot dimensions and parking standards. b) An application for a variance(s) shall be subject to Type I review if the variance(s) is for up to and including twenty-five percent (25%) of the numerical standard(s) in question. c) The responsible official shall approve an administrative variance(s), if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance(s) complies with all of the following: i) Granting the variance(s) will not substantially detract from the livability or appearance of a residential area or from the desired character of a nonresidential area, or the variance(s) will substantially enhance the livability or appearance of a residential area or the desired character of a nonresidential area, such as by preserving or protecting significant natural, scenic, historic, cultural, open space or energy resources; and ii) If variances to more than one (1) regulation are being requested, the cumulative effect of the variances shall be consistent with the purpose of the zone in which the site is situated; and iii) Adverse impacts resulting from the variance(s) are mitigated to the extent practical; and iv) The variance(s) does not substantially impair or impede the availability or safety of access that would otherwise exist for vehicles or for pedestrians, or alternative access is provided. d) If an application for an administrative variance is associated with another application(s) subject to this ordinance, then the application for the administrative variance shall be combined with the associated application(s) for processing and shall be subject to the same procedure type as the highest number procedure type application with which it is combined. 5) Public Notice a) The public notice shall be distributed as follows: ii) The applicant shall post copies of the notice of application on the perimeter of the property in question at least fifteen (15) calendar days prior to the hearing date in a manner that will be legible to a passerby. iii) Posted on the County website 7. Decision Timeline a) As a general rule, a final decision regarding any application shall be issued not more than one hundred twenty (120) calendar days after the date the application was accepted as counter complete. 8) Appeals – The actions taken by the examiner shall be final and conclusive unless an appeal is filed pursuant to RCW 36.70C. Section 6 Type III – Quasi-Judicial Decisions 4) Public Notice b) i) 5)Post a copy of the notice of application ……. at least fifteen (15) calendar days before the hearing. b) ii)Posted on the County website. 6) Decision Timeline. a) As a general rule, a final decision regarding any application shall be issued not more than one hundred twenty (120) calendar days ….. 7) Appeals – A final decision may be appealed only in accordance to RCW 36.70C. Section 7 Type IV – Legislative Decisions 1) Procedure b) Zoning applications requiring amendment or a change in language to any County regulation or ordinance may be submitted throughout the year but must be submitted on or by the last business day in March for consideration that calendar year. Applications submitted on or after the first business day in April will be filed and reviewed on the next review date. Applications will be presented to the Planning Commission for first review at the next regularly scheduled meeting. Public hearings for the applications that will be considered for decision will be held in October or November of that calendar year. 2) Public Notice a) At least fifteen (15) calendar days before the date of the first Planning Commission hearing for an application subject to Type IV review… a) ii) 2) Provide other notice deemed appropriate and necessary by the Director based on the subject of the Type IV process, such as posting on the County website. 4) Public Hearing. b) iii) That the application(s) is/are taken under advisement, and that a final order will be issued with findings of fact and conclusions of law that support the decision; 5) Appeals – The action of the board shall be final and conclusive unless an appeal is filed in accordance with RCW 36.70C. Section 10 – Penalty No work or development requiring a permit shall be started prior to issuance of the permit. Commencement of work without a permit shall be subject to penalty, as described in Pacific County Board of County Commissioners Ordinance 165 and any amendments thereto. Development applications will not be processed for parcels that have County-verified code enforcement violation(s). Compliance with code cases must be obtained prior to the issuance of a development permit. At the conclusion of the hearing, the Board of Pacific County Commissioners may adopt, modify, or reject the proposed Ordinance, or may take other appropriate action. All interested persons are invited to attend this hearing and be heard. Written comments are encouraged, and may be mailed to the Board of Pacific County Commissioners, P.O. Box 187, South Bend, WA 98586. The hearing facility is “barrier free” and accessible by those with physical disabilities. Aids will be provided upon request for those with language/speaking or hearing impediments, but requests need to be received at least five (5) business days prior to this hearing. Such requests may be filed in person at the Commissioners’ Office (Suite “F” of the Pacific County Annex located at 1216 W. Robert Bush Drive in South Bend, Washington), by mail (P.O. Box 187, South Bend, WA 98586), or by phone (360/875-9337 or TDD 360/875-9400). Marie Guernsey, Clerk of the Board Published February 10, 2016 Legal No. 035-16