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BOCC Ordinance - Amend and Adopt CAO
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2021-12-07 10:00 AM - Commissioners' Agenda
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BOCC Ordinance - Amend and Adopt CAO
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Last modified
12/2/2021 1:21:03 PM
Creation date
12/2/2021 1:18:11 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve an Ordinance for Amendments to Kittitas County Code Title 17A, Critical Areas
Order
30
Placement
Consent Agenda
Row ID
83921
Type
Ordinance
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<br /> <br />10 <br /> <br />e. A nonconforming structure which is moved any distance must be brought into <br />conformance with this Title and the Act. <br />f. Damaged nonconforming structures outside frequently flooded areas may be <br />reconstructed to those configurations existing immediately prior to the time the <br />development was damaged. Reconstruction of nonconforming development located <br />in frequently flooded areas shall comply with reconstruction regulations contained <br />within the Kittitas County Flood Prevention Ordinance (KCC Chapter 14.08- <br />December 2014). <br />3. Nonconforming uses: <br />a. Nonconforming uses may be continued consistent with their lawfully established <br />scale and range of uses. <br />b. A structure which is being or has been used for a nonconforming use may be used <br />for a different nonconforming use only upon written approval by the Director and may <br />be approved only upon a finding that: <br />i. No reasonable alternative conforming use is practical because of the <br />configuration of the structure and/or the property; <br />ii. The proposed use will be at least as consistent with the policies and <br />provisions of the Act and this Title and as compatible with the uses in the <br />area as the pre-existing use; <br />iii. The use or development is enlarged, intensified, increased or altered only to <br />the minimum amount necessary to achieve the intended functional purpose; <br />iv. The structure(s) associated with the nonconforming use shall not be <br />expanded in a manner that increases the extent of the non-conformity, <br />including encroachment into areas such as setbacks, and any critical areas <br />and/or associated buffers where new structures, use, or development would <br />not be allowed; <br />v. The buffer standards of this Title are met; <br />vi. The change in use, remodel, or expansion will not create adverse impacts to <br />critical areas or their associated buffers and riparian management zones; <br />vii. Uses which are specifically prohibited or which would thwart the intent of the <br />Act or this Title shall not be authorized; and <br />viii. Conditions necessary to assure that the use will not become a nuisance or a <br />hazard have been attached to the development permit and preliminary site <br />analysis. <br />Redevelopment of nonconforming rights-of-way and associated transportation structures, such as <br />railroad trestles, may be permitted for purposes of facilitating the development of public trails; <br />provided, that such redevelopment shall be otherwise consistent with the provisions of this Title. <br />17A.01.080 Critical Areas Reports <br />1. When Required. An applicant shall submit a critical areas report when required by <br />17A.01.110.2 and the reporting section of the applicable critical area chapter of this Title. <br />Critical areas reports are valid for five years from the date of completion, or date of the <br />corresponding delineation documentation, if applicable. <br />2. Preparation by Qualified Professional. The critical areas report shall be prepared by a <br />qualified professional as defined in KCC 17A.02.620. <br />3. Incorporation of Best Available Science. The critical areas report shall use scientifically <br />valid methods and studies in the analysis of critical area data and field reconnaissance to <br />evaluate the proposed development and all probable impacts to critical areas in accordance <br />with the provisions of this Title. The report shall reference the source(s) of science used. <br />4. Minimum Report Contents. At a minimum, the report shall contain the following: <br />a. The name and contact information of the applicant and a description of the proposal; <br />b. The site plan for the proposed development, including a map drawn to scale <br />depicting critical areas, buffers and/or setbacks, the proposed development, and any <br />areas to be cleared or altered;
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