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HomeMy WebLinkAbout1-AI - 2016 Non Conforming Usew�scn c° JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, 8 Tel: 360.379.4450 1Fax 360.379.4451 �Email:dcdf�cc�.le'�e on�a n wa.uslcammunidevelo meat xs SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning April 22, 2016 Joan Best 2072 Victoria Avenue Port Townsend WA 98368 Re: Michael Anderson and any legal, non -conforming uses 270 (West) Maude Street, Irondale, Jefferson County, WA Request for Unified Development Code Interpretation Dear Ms. Best: On behalf of Mr. Anderson and with payment of the amount owed pursuant to the County's fee Ordinance, a request has been made for a Unified Development Code ("UDC") Interpretation as is authorized by County Code §18.40.350. This is the County's response to that Request for a UDC Interpretation. Quest ire n (s) posed: During the pendency of the litigation of the solid waste infraction that was heard before Judge Landes on February 8, 2016 you have made several requests of DPA Alvarez for an official decision by the County regarding what uses or structures might be formally deemed legal, non -conforming uses or structures for Mr. Anderson at the four parcels he owns (and one more he occupies) having the collective street address of 270 Maude Street. These five parcels will be known collectively as the "Subject Parcels" or "the SP." The question before the UDC Administrator is as follows: Are all, a portion, or none of Mr. Anderson's business activities and associated structures located at 270 Maude Street `grandfathered' under the regulatory provisions of Jefferson County? The underlying circumstances here are unique because the County usually decides whether a use or structure holds the status of a legal, non -conforming use or structure solely in the context of an application for land use development. That is when Jefferson County Code ("JCC") § 18.20.260 comes into play. However, no such application has been or is likely to be submitted by Mr. Anderson, who is already conducting a business at the SP. Disclaimers: Although, the County recognizes that it will be bound by the substance and content of this letter, the County notes it will be bound SOLELY WITH RESPECT TO THE LAND USE REGULATIONS the County has enacted and implemented or will enact pursuant to its Comprehensive Plan and the GMA-derived development regulations found primarily in Title 18 JCC and any earlier regulations or plans.' Mr. Anderson, any agent, representative, employee or family member occupying or using the SP and any business or for -profit entity that might operate from the SP (collectively "Mr. Anderson") will still be required to comply with all other County ordinances as codified in the JCC, state regulations, federal regulations as well as laws enacted by either the state or federal governments. Why is a Code Interpretation appropriate for the question(s) posed? This Code Interpretation is appropriate in accordance with JCC § 18.40.350 for the question(s) posed above because such a "[UDC Code Interpretation] is intended to ....... interpret proper classification of a use, or interpret the scope or intent of the provisions of this code." The question posed by Mr. Anderson boils down to "what uses or structures at 270 Maude Street, if any, are `grandfathered," i.e., should those uses and structures be classified as legal, non -conforming uses? What sections ofthe current codewe Being intejpreted? The following sections of the UDC found in Title 18 of the JCC are the subject of this Code Interpretation. Certain definitions from JCC § 18.10.140 are pertinent: "'Nonconforming' means a use, structure, site, or lot which conformed to the applicable codes in effect on the date of its creation but which no longer complies because of changes in code requirements. Nonconformity is different than and not to be confused with illegality (see "Illegal use"). Legal nonconforming lots, structures, and uses are commonly referred to as "grandfathered." "Nonconforming lot" means a lot of record in existence prior to the effective date of the ordinance codified in this Unified Development Code and any amendments thereto, which does not meet the minimum lot size and other requirements as set forth in this code. ' The County adopted a Comprehensive Plan in August 1971 through Resolution #27-7113 and that Comprehensive Plan appears to be the first planning document given regulatory effect in this County. A copy of the Resolution is attached and the 1971 Plan is available for review at DCD. There is also a 1979 Comprehensive Plan adopted through Resolution #63-79 in June 1979. That Resolution is attached. "Nonconforming structure" means a structure which does not conform to the dimensional regulations, including but not limited to setback, height, lot coverage, density, and building configuration regulations of the land use district in which it is located due to changes in code requirements. (See also "Alteration, nonconforming structures.") "Nonconforming use" means a use of a structure or of land which does not conform to the regulations of the land use district in which the use exists due to changes in code requirements. (See also "Alteration, nonconforming use.")" Those definitions, in turn, refer you to several definitions found in JCC § 18.10.10: ""Alteration, nonconforming structures" means any change or rearrangement in the supporting members of existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, as well as any changes in doors, windows, means of egress or ingress or any enlargement to or diminution of a building or structure, horizontally or vertically, or the moving of a building from one location to another. This definition excludes normal repair and maintenance, such as painting or roof replacement, but includes more substantial changes. "Alteration, nonconforming use" means the expansion, modification or intensification of a use that does not conform to the land use regulations of the UDC." TI'hat are the relevai7t facts? 1. Defendant Michael Anderson is the title owner or occupier of certain real property located within unincorporated Jefferson County, real property known as 270 (West) Maude Street, Irondale to be collectively known as the "Subject Property" or "SP." 2. The SP consists of five (5) separate tax parcels (961807217, 961807214, 961807215, 961807201 and 961807202). 3. The SP has an underlying zoning designation of RR 1:5, meaning "rural residential, with no more than one dwelling unit per five acres." 4. Mr. Anderson has been the owner of the first four parcels listed above since 1984. 5. Mr. Anderson and his family reside at 270 Maude St. 6. Mr. Anderson uses and occupies a fifth tax parcel (961807202) with the permission of the owner. 7. The records of the County Assessor indicate the five parcels contain about .82 of an acre. 8. Mr. Anderson operates a business, specifically Michael's Custom Rebuild and Towing, from the SP. 9. Mr. Anderson registered his business as Michael's Custom Rebuild with the WA Secretary of State on or about January 1, 1981 using the Maude Street address for the business location. Mr. Anderson asserts that there was a business at the SP before he purchased the SP in 1984. No records were produced to substantiate this claim. 3 10. In 1996 Michael Anderson received a hulk hauling license from the State of Washington under the business title of Michaels Hulk Hauling, with the Maude Street address as the location of the business. 11. Vehicles and vehicle hulks located at the SP appear to be junk vehicles because they meet at least three of the four statutory requirements to be classified as a junk vehicle, i.e., they are 1) more than three years old, 2) extensively damaged, 3) apparently inoperable and 4) have value equal only to their scrap metal value. 12. There were in November 2015 some 80 or so vehicle hulks on the SP. 13. The current condition of the SP is visible to any person standing near the property or reviewing the aerial photographs available through Google Earth. 14. The condition of the parcel has been the subject of complaints by neighbors. 15. Mr. Anderson testified in District Court that he tows vehicles, but only on the request of the owner because he is not a registered tow truck operator. 16. Mr. Anderson testified in District Court that he has been repairing vehicles and other objects with engines since he was in high school. 17. Receipt books reviewed by DPA Alvarez indicate that over many years (at least since 1989) Mr. Anderson has been repairing private vehicles brought to him by citizens and then returning those vehicles to their owners. 18. Mr. Anderson's receipt books (also dating from as early as 1989) indicate he has done towing at the request of vehicle owners, towing the "dead" cars on occasion to 270 Maude Street. 19. Mr. Anderson collects scrap metal at the Maude Street property for sale to scrap metal processors. 20. Mr. Anderson testified in District Court that people bring him scrap metal without him requesting they do so. 21. Mr. Anderson testified that he has his business and personal tax returns professionally prepared by a CPA and believes they accurately reflect the income he earned in any particular year and the source of that income. 22. A custom rebuild would be taking a non -operating vehicle hulk and rehabilitating the vehicle so that it looks much like it did when new and so that it can be operated on streets and highways. 23. In furtherance of custom rebuilds Mr. Anderson states that he buys a vehicle hulk, purchases the necessary parts, makes the necessary repairs to add value to the vehicle and then sells the car. 24. Mr. Anderson did not provide any record of any sale of a custom rebuilt vehicle to a third party. 25. Jefferson County adopted its first universal land use development regulation in 1989 (Ordinance #3-89), which was later invalidated by Clallam County Superior Court. The regulation was replaced in January of 1992 by Ordinances #1-1060-92 and #2-0127-92, beginning the modern era of regulated land use, including home businesses. 26. In the 1992 code, home businesses are regulated (see attached). The code does provide for legal non -conforming uses; "Section 2 Scope, Any building, structure, or use lawfully existing at the time of enactment of ordinance, though not in compliance with the provisions contained herein, shall not be prohibited by this ordinance." 4 Conclusion: Jefferson County Policv and Re-eulatory Jurisdiction: Jefferson County adopted the Tri-Area Community Development Plan in 1982. This plan expressed the desires of the Tri-Area community on how they wish to grow and develop. The plan, while not a regulatory document, does provide guidance for those land uses which are described in that plan, which contained specific policy provisions for home businesses. In 1989, Jefferson County adopted ordinance No. 3-89 Jefferson County Development Code. This code did regulate home businesses. Circa 1990 Clallam County Superior Court invalidated Ordinance No. 3- 89. In January 1992 interim Zoning Controls were instituted by Jefferson County in the form of Ordinances # 1-0106-92 and 42-0127-92 ("the 1992 Ordinances") thus beginning the modern era of regulating land uses in Jefferson County, including home businesses.' Throughout the history of land use in Jefferson County home businesses have been defined as being "an enterprise established for the purpose of generating revenue that is located in a residential structure and/or associated out buildings and is subordinate to the residential use of the property." Ordinance 401-0106-92, page 7, Section 3.12 Non -conforming Uses or "grandfathered uses" is a legal construct for an activity and/or structure that exists prior to the effective date of an ordinance and that is not in compliance with the provisions of that controlling ordinance. Non -conforming uses are a legitimate use of the property and become classified to their current use. Anderson S eci c Noncon ormin Use Inter retation For a use to gain the status of a legal, non -conforming use, it must meet a two part test: First, be established as a legal use, i.e., have obtained and maintained all appropriate permits from Federal, State or Local agencies applicable at the time the activity or use began; and secondly, prove its authorized existence pre -dates and is continuous up to the effective date of the controlling ordinance (here, the 1992 Ordinances) by appropriate records indicating the continuous nature and extent of the activity or use. Mr. Anderson's is attempting to establish his business as multifaceted enterprise operating at the Maude Street location: auto repair service; custom auto rebuilder; auto towing service; hulk hauler/metal recycler; used auto parts dealer/ parts salvage yard (i.e. wrecking yard). The findings above and the records provided to me were used to determine proof of his business activities. Based on the records provided and sworn testimony from Mr. Anderson in a related District Court matter, the County concludes the following: Auto Repair and Autos Towed to Site: The records provided supports the auto repair service as well as the towing of vehicles to the Maude Street location as a natural part of the auto repair service. The receipts reviewed by County staff indicate the repairs were z The first codification of the County's Code was accomplished by a 1995 Ordinance, #20-1127-95. 5 made to vehicles titled in persons OTHER THAN Mr. Anderson or other family members and thus it will be the repair of vehicles NOT OWNED by Mr. Anderson or other family members that will be considered grandfathered at the SP. Custom Auto Rebuild: There was no record provided that Custom Auto Rebuilding was performed at this site prior to the 1992 zoning code. While the phrase "Custom Rebuild" is found in the title of his business, that is not proof such a business was created or in place at the SP before the 1992 measuring date. Hulk hauler/metal recycler: Hulk hauling and metal recycling are regulated activities by the State of Washington (RCW 46.55, 46.79). The first record appears in 1996, a hulk hauling license was issued to Mr. Anderson, no license was provided for scrap metal or metal recycling. Neither of these activities were lawfully established for the SP prior to the 1992 zoning code. Used Auto Parts/ Parts Salvage Yard/Wrecking Yard: These activities are regulated by the State of Washington (RCW 46.80). No license exists or was provided in the record; therefore, this activity had not lawfully been established at the SP prior to the 1992 zoning code.3 As with any non -conforming use, Mr. Anderson's repair of vehicles owned by others may continue to the same extent established by the documentary record as of the measuring date, which is January 6, 1992. Any expansion or increase in intensity of the "grandfathered" use or structure(s) would require compliance with the current version of the JCC. The County also asserts Mr. Anderson should fence, screen or buffer the property from the view of neighboring properties, if only to reduce the number of complaints neighbors may make in the future. While this Code Interpretation may be appealed, the document or record that reflects the final decision of the County with respect to the legal, non -conforming uses, if any, in existence at the SP will be binding upon Mr. Anderson and anyone else who may subsequently attempt to operate a legal, non- conforming use at the SP. Nor will this Code Interpretation be permission for Mr. Anderson to undertake at the SP what might otherwise be lawful activities without a permit or the proper authorizations from whatever levels of government regulate that activity. Allegations by a citizen or the County that activities not listed as legal, non -conforming uses for the SP are occurring at the SP will be measured against the document or documents that ultimately resolves this Code Interpretation. 3 I am informed by Public Health that operating as a "hulk hauler/metal recycler" or a "used auto parts/salvage yard/wrecking yard" at any site in Jefferson County also implicates state and county rules regulating the proper handling and disposal of "solid waste," as that term is defined in regulation and the JCC. State regulations relating to "solid waste" have been in place since 1972 and those regulations were incorporated by reference into the county's regulations in 1977 through Ordinance #2-77, some four years before the 1981 start date Mr. Anderson asserts for his business. Con Appeal rights The requester is hereby notified that this Code Interpretation may be APPEALED to the County's HEARING EXAMINER by complying with the APPEAL PROCESS described in the County Code at JCC § 18.40.390. Very tr , yours, David Goldsmith, ?DCDirector List of Attachments: o County Commission Resolution #27-71B o All pages o Ordinance #2-77 o First page o Pages 6, 7 and 11 o County Commission Resolution #63-79 o All five pages o Ordinance # 1-0106-92 o First page o Definition of "home business" (p. 7) o Signature page, p. 33 o Ordinance #2-0127-92 o First page o Signature page, p. 9 o Jefferson County Code (current) §18.40.390 7 0 RESOLUTION NO. VLZI- WHEREAS, it appears to the BOARD OF COMMISSIONERS, JEFF- ERSON COUNTY, WASHINGTON, that the Comprehensive Plan, devised by the Jefferson County Planning Commission, has been prepared in accordance withthe requirements of the Planning Enabling Act of the State of Washington (RCW 36. 70) with regard to comprehensive planning, and meets all requirements of said Act, and ` `1 WHEREAS, the general goals and objectives of the Comprehensive Plan are to develop a pattern for the orderly development and growth of Jefferson __ County and for the overall betterment of the County, THEREFORE BE IT RESOLVED, that the BOARD OF COMMISS- IONERS for JEFFERSON COUNTY, WASHINGTON, does hereby adopt the COM- PREHENSIVE PLAN. ADOPTED this Z:(e�day o , 1971. BOARD OF COMMISSIONERS JEFFERSON COUNTY WASHINGTON A, M. O"Meara, Chairman SEA L: ATTEST: Betty J. a le, Coun Auditor and Ex ffi Ao Clerk of the Board CERTIFICATE OF TRANSCRIPT —Auditor. STA M OF WASPINGTON, COUNTY OF ZFYTERSOI+I;ss. 1, Betty J. Anderson , Auditor of Jefferson CountY. do hereby cer tify that the foregoing is a true and correct Copy of Resolution No 27-71—B as the same appears of record on page record of_ Jefferson Count Volume Number of the Records of said County. WITNIESS my hand and official seal, this 13th day o Sept. A. D. 19 _ Betty J. Anderson CountyAuditor. - e 13y _- � ,Deputy_ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Board of Jefferson County Commissioners, on Tuesday, December 27, 1977 at 10:30 a.m., in the Commissioner's Chambers, Jefferson County Courthouse, Port Townsend, Washington for the purpose of adopting the following ordinance outlining the Rules and Regulations for the Jefferson County Health Department: Ordinance No.v;� - 77 AN ORDINANCE relating to the sanitation and health requirements of public food service establishments as defined in the "Rules and Regulations of the State Board of Health, Food Service Sanitation," and the "United States Public Health Service Food Sanitation Ordinance and Code"; the governing of solid waste handling and implementing the comprehensive solid waste management plan covering storage, collection, transportation, treatment, utilization, processing and final disposal; providing for the regulation of on -site sewage disposal systems, the licensing of commercial installers, providing for on —site management systems, providing for establishing standards for equipment and operation of septic tank pumpers; establishing permit fees, the issuance and revocation of permits, the payment of permit fees; and prescribing penalties for violations thereof. 'VOL • 3 FAG€ � � �' i� .J Rules and Regulations, Jefferson County Health Department Page 5 SOLID WASTE REGULATIONS WHEREAS, RCW 70.95.160 requires each jurisdictional board of health to adopt regulations governing solid waste handling implementing the comprehensive solid waste management plan covering storage, collec- tion, transportation, treatment, utilization, processing and final disposal, including the issuance of permits for solid waste disposal in the Jefferson County Health Department. AND WHEREAS, the Jefferson County Board of Health deems it necessary to adopt regulations governing the management of solid wastes in order to preserve, promote and improve the public health in Jefferson County, NOW, THEREFORE BE IT RESOLVED that the following regulations and attachments incorporated by reference herein are hereby adopted. Sec. 1.01. The Minimal Functional Standards for Solid Waste Handling, 'VaC173-301 is hereby adopted as regulations governing solid waste disposal in Jefferson County. Sec. 1.02. The following standards, requirements and the procedures shall be adopted in addition to the Minimum Functional Standards. Sec. 2.01. Individual waste containers that are intended to be emptied by mechanical means shall be limited in volume to 32 gallons in capacity and the gross weight of container and waste shall not exceed 65 pounds. Sec. 3.01. It shall be the responsibility of each land owner, company, corporation or individuals to insure that his waste material shall be so stored in approved containers as to preclude creation of litter. Failure to do so shall be a misdemeanor. Sec. 4.01. Permits. Every person desiring to construct and/or operate a sanitary landfill, transfer station, reclamation site, incinerator, composting plant or solid waste collection service in Jefferson County shall first obtain a Permit from the Jefferson County Health Department. Sec. 4.02. Permit fees as per Jefferson County Health Department fee schedule. Sec. 4.03. Renewal of Permits. Every permit for the operation of a sanitary landfill, transfer station or other solid waste disposal facility and all collection vehicle fees shall be renewed annually on or before December 31 of each year, subject to satisfactory compliance with these regulations. Sec. 4.04. Suspension and Appeals. A permit may be suspended by the County Health Officer in accordance with RCW 70.95.200. Sec. 4.05. Hearings and Appeals. An aggrieved applicant may appeal a denial of a Permit, or suspension of a Permit, -in accordance with RCW 70.95.210. Sec. 5.01. Enforcement. It shall be the duty of the County Health Officer to enforce the provisions of these regulations equally on all persons. Sec. 6.01. Severability. If any provisions of these regulations, its application to any person or circumstance is held invalid, the remainder of the regulations or the application of the VOL Rules and Regulations, Jefferson County Health Department Page 6 regulation to other persons or circumstances is not affected. Sec. 7.01 Penalties. Any person violating any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction shall be.punished by a fine of not less than twenty five (25) dollars or more than two hundred and fifty (250) dollars, or by imprisonment in the county jail for not more than ninety (90) days. Each separate day of any portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense, and upon conviction shall be punished as herein provided. RULES AND REGULATIONS FOR ON -SITE SEWAGE DISPOSAL SYSTEMS RULES AND REGULATIONS PROVIDING FOR THE REGULATION OF ON -SITE SEWAGE DISPOSAL SYSTEMS, ESTABLISHING PERMITS, PERMIT FEES AND THE LICENSING OF COMMERCIAL INSTALLERS; PROVIDING FOR ON -SITE MA14AGEMENT SYSTEMS; PROVIDING FOR ESTABLISHING STANDARDS FOR EQUIPMENT AND OPERATION OF SEPTIC TANK PUMPERS AND REQUIRING PERMITS TO OPERATE, ESTABLISHING PERMIT FEES, AND PROVIDING PENALTIES FOR VIOLATIONS. WHEREAS, under provisions of RCW 70.05.060, RCW 70.46.060 and RCW 43.20 this Board if charged with the duty of protecting the public health and safety of all inhabitants of Jefferson County, and WHEREAS, The following Rules and Regulations are necessary for the protection of public health and safety, and WHEREAS, WAC 248-96-015, and WAC 248-96-016, State Board of Health Rules and Regulations governing On -Site Sewage Disposal Systems require local boards of health to adopt minimum standards as set forth by the State Board of Health, now therefore, BE IT RESOLVED by the Jefferson County Board of Health that the following be adopted as ord .!mnce. , SECTION I Scope 1.1 The provisions of these regulations shall apply to all territory within the boundaries of Jefferson County. 1.2 Every residence, place of business:or other building or place where persons congregate, reside or are employed, to which a public sewerage system is not available, shall be provided with a water -flush toilet system connected to an On -Site Disposal System or shall have an alternate device for the disposal of domestic wastes. Non-residen- tial buildings may be exempt from this requirement at the discretion of the Health Officer, provided suitable toilet facilities are provided within 200 feet of the work area. SECTION II Adoption by reference 2.1 WAC 248-96-018 through WAC 248-96-175, State Board of Health Rules and regulations governing On -Site Sewage Disposal Systems adopted June 1974 are hereby adopted by reference as Rules and Regulations of the Jefferson County Health Department. VOL ;.. Rules and Regulations, Jefferson County Health Department Page 10 SECTION X Severability If any sentence, clause, phrase or section of these regulations be declared unconstititional, such holding does not affect the legality of any remaining portion of these regulations. SECTION XI Effective date These rules and regulations shall be in full force and effect immediately upon adoption by the Jefferson County Board of Commissioners. APPROVED AND ADOPTED this ;?-7 "' day of s klr , 1977. BOARD OF COMMISSIONERS JEFFERSON COUNTY i A CarrollrM. Piercer, Chairman G . Brown, Member a `d �, ATT ST•='.1R c7 p■ ` - .``'.ft f%7 .� (� A. A. 0 Meara Bittty J..Anderson, County Audi o -/and Ex-officio Clerk of the Board Public Hearing Notice Signed this 13th day of December 1977. diz Carroll. M. Me_r.�jef r, Cha B. G. grown, VOL tip` F�'it resolution 63 79 WHEREAS, the original Jefferson County Comprehensive Plan is now ten years old; and WHEREAS, sound planning principles require such a plan to be reflective of current needs, desires, and interests of the citizens to whom it relates; and WHEREAS, the revised Jefferson County Comprehensive Plan; A Policy Guide for Growth and Development, dated June, 1979, has had extensive public exposure, discussion, and debate; and WHEREAS, a lengthy series of workshops, community meetings, and public hearings have been conducted to solicit public input into said revised plan; and WHEREAS, in the judgement of the Jefferson County Board of Commissioners, the revised plan represents the philosophies of Jefferson County citizens towards future growth and development; and WHEREAS, said plan encourages orderly development within the County harmonious with the capabilities and limitations of the physical environment; and WHEREAS, said revised,plan promotes the health, safety, and general welfare of the citizenry of Jefferson -County; and WHEREAS, said revised plan has proceeded in compliance with the Washington State Planning Enabling Act, R.C.W. 36.70, and the Washington State Environmental Policy Act, R.C.W. 43.21C, including the required public hearings. NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Board of. Commissioners do -hereby approve and certify the Jefferson Couq.ty Comprehensive Plan; A Policy Guide for Growth and Development, dated June, 1979, as attached, including the optimum development -M�tA; and BE IT FURTHER RESOLVED that the Jefferson County Park, Recreation, and Open Space Plan, the Coyle Area Community Devel2 ment Plan, and the Marrowstone Island Community Development Plan are hereby reapproved and recertified as official amendments to said plan; and BE IT FURTHER RESOLVED that the Jefferson County Board of Commissioners will dili- gently uphold, promote, and maintain the integrity of the principles, goals, and policies contained herein, which '.My i-nclude the adoption of.official .con:trols.;deemed necessary -..to assure the.systeratjc.execution.of said plan. APPROVED and CERTIFIED this 11th day of June, 1979. SEAL: r r ATTEST:. erson, County Audito o Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS A. . O'Meara, C airman B.G. Brown, Commissioner Carroll M. Mercer, Commissioner VOL 5 FAu 01138 PUBLIC HURING MPOSEo JiPPFitS n COUNTY CoaRPltEfiOME PLAN Notice is hereby given that a public=hearing will be held by the Board of ,lefferson County Cammisl sionem on Thursday, Ma 17, 1979 at 7:00 p_m. in th West -'end : Annex,- Clepary Water, (Forks) 1 Washington, for the put pose of taking . testimon -relating to the propos Jefferson County, Coml prehensive . Plan. Any In terested parsons may op pear and submit written and/or oral comments. JEFFERSON COUNTY. BOARD OF� A.M. O'Meara, Chairman- B.G. Brown, Member Coroll M. Mercer Member ATTEST: Betty J.-Anderson, County Auditor and Ex-Officio Clerk of the Board 540 5-lb Affidavit of Publication STATE OF WASHINGTON) COUNTY OF JEFFERSON)ss' FRANK W. GARRED, being sworn, says he Is the publisher of the Port Townsend Leader, a weekly newspaper which has been established, published in the English language and circulated continuously as a weekly newspaper In the town of Port Townsend, in said County and State, and for general- circulation in said county for more than six (6) months prior to the date of the first publication of the Notice hereto attached, and that the said Port Townsend Leader was on the 27th day of June, 1941, approved as a legal newspaper by the Superior Court of said Jefferson County, and that annexed Is a true copy of the Public fleari.ng-proposed Jefferson County Compre'zensive Plan as It appeared in the regularand entire issue of said paper Itself and not in a supplement thereof for a period of one consecutive weeks, beginning on the ` day ofiav :g7g and ending on Ift9. 16tWayof�. 19 79 and that said newspaper was regularly dlstrlbuted to its subscribers �during all of this period. That the full amount of S �Q•-ll has been paid In full, at the rate of $2.38percoium I1 ti,r'1orja4 lrrsertlo f Subscribed and sworn t j beTOre me fits 6th day of xav :: lary PublIC In arlb for the State of washinptod, reafdiagat Port Townsend STATE OF WASHINGTON —INVOICE VOUCHER U9 VENDOR OR CLAIMANT AGENCY ORDER NO. INVOICE DATE INVOICE NO. _ l - INSTRUCTIONS TO VENDOR OR CLAIMANT. SUBMIT YWS FORM IN DUPLI- CATE TO CLAIM PAYMENT FOR MATERIALS MERCHANDISE OR SERVICES. SHOW COMPLETE DETAIL FOR EACH ITEM. NO. WORDS-___ __-AT_—__—PER WORD --TOTAL NO. L[NE9____. -_A7 PER LINE ---TOTAL NO. COLUMN IN.-___L,_`AT o ____PER COL. lN.--TOT%�L_ _ :_��C: AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, County of....... - _+_- < ------------------------- ss. --- ---------- being first duly T Says that he is the ........................:: of L)ze ------------------------------------ ._......._.... _ PUBLISHER OR MANAGER ` 1P ._._ .._ .-- y,.- .......... .which is a.....----%-W, C Y----------- N COU+TY`EE&IY OR FAL tper published and issued . ---- regularly at --i EecLOR DAILY ]5. hex r thg a ❑llbiic hearing twill be it ' %f in ' . a _L rc ...................-.:._........__...._.__....._...... .._._. .—_•_.-................. ou' the E•aa>� on Canty �Comn�issioner; c sty, 3f Washington, and is of general. circulation. in said county and state; that the _ �'... a ��� �� 7 ;�{} L1�^l. 34 2�iC'�L.S#- �d> CS}� �i SIilin n, for the i t[7 ..:...:._ ` i. -- --------- ------ ..... of which _ Te at'n fo ftbe X{J ow DESCRIBE NOTICE ..- g P P ,� fi' 3ppehei -ve Pan_ Any in;erestec a hereto attached is a true and correct copy, was published in said newspaper JUM.M' sld sta i tti written anc3lvr vra _n.� ---------------------------------- being - -.......a week for fit_ j� a, published ............... ........_,..,_.........,_.____--consecutive times, first publi- ez the r -3 - - z being on h ........---_',.__ F � �-_ _- _ ..day of..........�.-�.; _ _.___.............. 19. � !`. N ; f ._. t , •. 3ie east on the --- ....w_'�,:.:... -- ..----da-y of_ .......... '..._::_____ W.. ,.__.._....._._, 19 ...... /V CarrollM. Met= said notice was published in, the regular and entire issue of every number of said ATTF-ST: paper during said period and times of publication, that said notice was published : f T1dt'i$C! e newspaper proper and not in a supplement; that the charges herein 'Made are at } .IyifidlC0li eguiar rates charged. for such adverts ' and that the same or azzy part thereof and GF do Clerk of iris _ �d tot been paid. Fabl%shu Y Ths F� scfaly, iVtay 17, 1979,.iu the Forks Fol'am-Pet:itLsul 'iubscribed and sworn to before me ihis_. *2 � a of - ........ .... 1 1977 __....... r ....................... J\:Otary PtL I. in and .rthe State o1 Washington, Residir at._....._.....: ACCOUNT CODE AMOUNT Bus, J-UT. '.. P.P_ EX_ RAIL FUND APPROP. PROGRAM OBJECT SUB LIQUIDATION NET INVOICE CARRIER SHIPPING DOC. NO. I COLL PPD. /+D DF Pc f ` CENTRAL RECEIVING BY DIV OR UNIT RECEIVED FOR DIV. OR UNIT RECEIVED BY TOTAL - DATE OF RECEIPT FRT. CHARGE CIECKE➢ A. APPRO­ FOR P eC B Y_ DATE NUMBER AMOUNT DISCOUNT INVOICE VOUCHER NO WARRANT NO PLO VI PJE� 7Z.57'//yla" y GUEST LIST GUEST LIST SIGNATURE PRINTED NAME ADDRESS 0-6: f6.4V#INK 0/ -OX-7A 0 IN THE BOARD OF COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON IN THE MATTER OF an emergency land use control replacing the Jefferson County Development Code, No. 3-89, nullified by Clallam County Superior Court Order No. 89-2-00646-7, and ensuring that certain types of development activity formerly regulated by Ordinance No. 3-89 will be reviewed to ensure consistency with the goals and policies of the Jefferson County Comprehensive Plan. ORDINANCE NO. 1-0106 _9 2 The Jefferson County Board of Commissioners enter the following findings: 1. The Superior Court of the State of Washington for Clallam County has issued an order, No. 89-2-0064607, declaring the Jefferson County Development_ Code, No. 3-89, Jefferson County's primary land use regulation, null, void, and without any effect whatever. 2. The Court of Appeals for the State of Washington has denied Jefferson County's request for a stay of the aforementioned court order pending appeal. 3. Jefferson County has experienced andwill continue to experience rapid population growth and accompanying development. The 1990 U.S. Census of Population and Housing, County and Place Profiles (Jefferson County), and the Washington State Office of Financial Management April 1 Populations of Cities, Towns, and Counties used for the Allocation of State Revenues State of Washington, indicate a growth rate of seven and twenty-two hundredths percent (7.22%) for Jefferson County for the year ending March 31, 1991, which is higher than any other county in the State of Washington. 4. A projection of the seven and twenty-two hundredths percent (7.22%) growth rate for the year ending March 31, 1991 for the succeeding five years ending March 31, 1996, indicates a total projected population increase of approximately nine thousand and eight (9,008) residents, for a total population of thirty thousand six hundred and eight (30,608) residents, as compared with twenty-one thousand six hundred (21,600) at the present date. those activities necessary to prepare the aquacultural commodity for shipment. 5. Building: Any structure having a roof. When a use is required to be within a building, or where special authority granted pursuant to this ordinance requires that a use shall be within an entirely enclosed building, then the term "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed. 6. Commercial Use: An activity that provides merchandise or services for compensation through retail and\or wholesale outlets, including but not limited to retail shopping, business and professional services, and transient accommodations. 7. Community Plan: A document that has been officially adopted by the County as a special chapter to the Jefferson County Comprehensive Plan. 8. Comprehensive Plan: The Jefferson County Comprehensive Plan; A Policy Guide to Growth and Development, as may be amended. 9. Conditional Use: A special classification of development activities which constitute an anticipated deviation from the current zoning of properties, and for which specific approval is required. 10. Development: Any change in use, or extension of the use of the land, including, but not limited to the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any improvements. 11. Height: The vertical distance measured from any point of the finished grade of the foundation line to the highest part of the structure above that point, excluding antennas and chimneys. 12. Home Occupation: An enterprise established for the purpose of generating revenue that is located in a residential structure and\or associated out -buildings and is subordinate to the residential use of the property. 13. Industrial Use: Any activity that is involved in the production, processing, manufacturing, fabrication, or assembling of goods and materials, including the storage of material used in the industrial process. Warehousing and distribution centers are also considered industrial activities. 7 V& 18 f� f� ensure compliance with the provisions of this ordinance. Such action may include injunctive relief, declaration of a public nuisance and abatement thereof, the imposition of civil penalties, and\or criminal prosecution as provided for by law. Section 16 - Severabilit : If any section, subsection, or other portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. section 17 - Repealer: These regulations repeal and replace Resolution No. 105-91, which declared a three month moratorium on all development activity formerly regulated by the Jefferson County Development Code, No. 3-89. Section 18 - Effective Period: This ordinance is necessary for the immediate preservation of the public peace, helath, and\or safety, and shall be effective this 6th day of January, 1992, and shall remain in effect until the 6th day of July, 1993, or until such time as a permanent control may be enacted. SOCtion 19 - Adoption: Adopted by the Jefferson County Board of Commissioners this 6th day of January, 1992. SEAL: ` r L} ss ATTEST: rna L. Delaney, Clerk of th �F Board APPROVED AS TO FORM: Mark Huth, Jefferson County Prosecuting Attorney 33 BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON W W E� "0R'-Wflzffi1.A I 8-4*1111v6 I- - L1 IN THE BOARD OF COUNTY COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON IN THE MATTER OF an ordinance amending ) the Jefferson County Emergency Zoning ) Ordinance, No. 1-0106-92, adding maps ) depicting the "general commercial zone") and the "light industrial zone" and ) making substantive changes to the ) provisions of the ordinance relating ) to "home businesses" and the fees for ) initiating the administrative remedy ) of the "zone change." ) ORDINANCE NO. 2-0127-92 The Jefferson County Board of Commissioners enter the following findings: 1. The Jefferson County Board of Commissioners passed an interim land use control, the Jefferson County Emergency Zoning Ordinance, No. 1-0106-92, on January 6, 1992. 2. The aforementioned Emergency Zoning Ordinance operates as an emergency land use control preserving the County's planning options under the Jefferson County Comprehensive Plan and applicable community plans, and is to remain in effect only until such time as the County can conduct studies, hold hearings, and adopt a permanent zoning control. As such, the Emergency Zoning Ordinance is consistent with, and expressly authorized by the Planning Enabling Act, RCW 36.70.790. 3. Findings 1-22 contained within the Jefferson County Emergency Zoning Ordinance, which support the Board's declaration that an emergency situation exists, are hereby adopted and incorporated by reference herein. 4. The amendments set forth hereinbelow must be enacted immediately in order to avoid an imminent threat to the public health and safety. Pursuant to Washington Administrative Code rule 197- 11-880, these amendments are exempt from environmental review under the Jefferson County State Environmental Policy Act Implementing Ordinance, No. 7-84, and the State Environmental Policy Act, RCA 43.21C. 1 186 Compatibility: Home businesses shall not adversely affect the use or enjoyment of surrounding properties and shall maintain the character of the area in which they are located." 10. Section 13 Subsection 10 a 3 shall be deleted: "I1 Severabil.ity: If any portion of this ordinance is held invalid by any court of competent jurisdiction, such portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. Effective Date: These amendments are necessary for the immediate preservation of the public peace, health, and safety, and shall become effective on the 27th day of January, 1992. Adoption: Adopted by 27th da r,—of January, - - a 10�•« i �r i the Jefferson County Board of Commissioners this 1992. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: Richard E. Wojt, Commissio er Lorna L. Delaney, }Clerk of the Board APPROVED AS TO FORM: Mark Huth, Jefferson County Prosecuting Attorney E] VOL 18 FAT,-- �, r 18.40.360 18.40.360 Submission requirements. (1) Who May Request Interpretation. Any per- son may request a written interpretation of the pro- visions of this code. Additionally, the administrator may issue an interpretation on the administrator's own initiative. (2) The administrator may require that any request that seeks interpretation of more than four UDC sections be broken down into smaller requests, each requiring the standard fee. The administrator may limit the code interpretation to what is deemed necessary to clarify the section and may decline responding to requests that are deemed excessive or onerous or those that ask hypothetical questions. (3) Submittal Requirements. Any person requesting an interpretation of this code shall sub- mit a written request specifying each provision of the code for which an interpretation is requested, why an interpretation of each provision is neces- sary, and any reasons or materials in support of a proposed interpretation. The applicant shall pay the fee set forth in the Jefferson County fee ordi- nance or an administrator's interpretation. (4) Factors for Consideration. In making an interpretation of the provisions of this code, the administrator should consider the following, as applicable: (a) The applicable provisions of this code, including its purpose and context; (b) The implications of the interpretation for development within the county as a whole, includ- ing the precedent the interpretation will set for other applicants; and (c) Consistency with the Jefferson County Comprehensive Plan and other relevant ordinances and policies. (5) Conflicts with Other Regulations. Where conflicts occur between the provisions of this code and the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance, or other reg- ulations of the county, the more restrictive shall apply. If any conflict between the land use districts map and the text of this code ensue, the text of this code shall prevail. [Ord. 8-06 § 1] 18.40.370 Administrator's decision. (1) The DCD administrator's decision on a request for an interpretation shall include the name of the applicant, the description of the subject pro- posal, the language of the provisions of this code subject to interpretation, the explanation of the DCD administrator's interpretation, and any other necessary information reasonably related to the proposal. (2) Response to Written Request. The DCD administrator shall mail a written response to any person filing a written request to interpret the pro- visions of this code within 28 calendar days of hav- ing received the request; provided, however, that when a request is made by a permit applicant while a project is pending and after a determination of completeness has been issued, the permit applicant must agree to waive the time frame required under Article IV of this chapter to allow for preparation of the interpretation, and any changes to the project that the interpretation might require. [Ord. 8-06 § 1] 18.40.380 Time limitation and enforcement. (1) Time Limitation. An interpretation of this code remains in effect unless and until rescinded in writing by the administrator, or superseded by a formal amendment under JCC 18.45.090. (2) Enforcement. An interpretation of this code issued in accordance with this article may be enforced in the same manner that any provision of this code is enforced (see Chapter 18.50 JCC). All written interpretations of this code, with a current index of such interpretations shall be maintained by DCD and made available for public inspection. [Ord. 8-06 § 1] 18.40.390 Appeals of administrator's interpretations. When an interpretation is made in response to a written request pursuant to the provisions of this article, the person filing the written request may appeal the decision of the administrator to the hear- ing examiner within 14 calendar days of the deci- sion using the process for appeals of Type II permit decisions as set forth in JCC 18.40.330. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the appeal. [Ord. 8-06 § 1] 18.40.400 Judicial appeal. Appeals from the final decision of the hearing examiner shall be made to the Jefferson County superior court within 21 calendar days of the date the decision or action becomes final, as set forth in JCC 18.40.340. All appeals must conform to the provisions of JCC 18.40.340, and are subject to the requirements set forth in that section. [Ord. 8-06 § 1] (Revised 8/06) 18-236