20.320.080 Other Provisions.
Click here to view prior versions of this section.
A. Variances. One or more variances may be requested relating to any of the design or development standards contained within VMC 20.320.070 except those for which variances are expressly prohibited, as listed in VMC 20.290.010. These shall be requested concurrently subject to the procedural requirements and approval criteria contained in VMC 20.290.040. No variances to procedural regulations are permitted.
B. Proximity to agricultural and mineral activities.
1. All plats or development approvals under this title issued for residential development activities within one-quarter mile of lands zoned agricultural or from existing agricultural or mineral resource operations shall be accompanied by a notice provided by the planning official. Said notice shall include the following disclosure:
a. The subject property is within one-quarter mile of designated agricultural land or mineral resource land as applicable, on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery, including aircraft, during any hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.
b. In the case of subdivision plats, short subdivision plats or recorded binding site plans, such notice shall also be recorded separately with the Clark County auditor.
2. All plats or development approvals under this title issued for residential development activities shall provide a barrier such as fencing or vegetation between the immediately-adjacent residential lots and agricultural and mineral resource activities. A natural buffer, such as a wetland, swale or berm, may substitute for the barrier upon approval of the planning official. Lots with street frontage are not required to provide a barrier between residential uses and an adjacent agricultural or mineral resource activity across the street.
C. Subdivisions of commercially and industrially zoned properties.
1. Preliminary plats for commercial and industrial properties shall comply with all of the requirements of VMC 20.320.030 and 20.320.040.
2. Final plats for commercial and industrial properties shall comply with all of the requirements of VMC 20.320.060 except that the final plat shall be in substantial compliance with the preliminary plat if lot sizes are within the range of lots sizes proposed for the preliminary plat, if lot sizes were shown on the preliminary plat.
D. Revisions of recorded plats.
1. Any alteration or modification of a short subdivision or subdivision plat shall be undertaken pursuant to all applicable development standards including regulations established in Chapter 58.17 RCW by a Type II or Type III process, respectively. If approved, the subdivider shall obtain approval of a final plat application as required by this chapter.
2. Dedicated easements – (Alternative Process). To extinguish or alter a dedicated easement, an alternative process to the above may be used if such process was established on the recorded plat or other document creating the dedicated easement as authorized under RCW 64.04.175. (Ord. M-3701 § 12, 05/02/2005; Ord. M-3643, 01/26/2004)