HomeMy WebLinkAbout01 0106 92 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:
The Superior Court of the State of Washington for Clallam County
has issued an order, No. 89-2-0064607, declaring the Jefferson
County DevelopmentCode, No. 3-89, Jefferson County's primary
land use regulation, null, void, and without any effect whatever.
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.
Jefferson County has experienced and'will 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 i Populations of Cities, Towns, &nd Counties
used for the Allooation 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.
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. ~
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Jefferson County Planning and Building Department data relative
to the number of certificates of compliance applied for under the
Jefferson County Development Code, No. 3-89, from October 16,
1989 to the present date, indicates that an estimated three
hundred and sixty-two (362) certificates of compliance would
likely have been applied for during the period from the present
date through the end of the calendar year 1996·
Jefferson County Assessor's office data indicates that the total
value of new construction and newly created subdivisions within
the County has increased significantly, from $59,685,363 for the
five (5) years ending on July 31st 1986, to $197,767,740 for the
five (5) years ending on July 31st 1991. This rapid rise in the
value of new construction and newly created subdivisions is
symptomatic of the acute growth pressures the County is presently
experiencing.
If not managed properly, this rapid growth is likely to result
in a profusion of development activity in the unincorporated
areas of the County, leading to commercial strip development, and
commercial and industrial development at inappropriate locations,
damage to environmentally sensitive areas, and loss of resource
and rural lands.
The Jefferson County Planning and Building Department has
accepted applications, or has engaged in preapplication
consultations with prospective applicants for a number of
projects, enumerated in Resolution No. 105-91, which cannot be
adequately regulated following the nullification of the Jefferson
County Development Code, No. 3-89.
The developments, actual and proposed, enumerated in Resolution
No. 105-91, are representative of the type and scale of
development activity that will likely continue in the absence of
the Jefferson County Development Code, No. 3-89.
Unregulated development of the type and scale described
hereinabove runs counter to the purposes, goals, policies, and
objectives of the Jefferson County Comprehensive Plan, and will
likely be destructive of the County's planning options in that
certain development activity would progress so far as to defeat,
in part, the ultimate execution of the Comprehensive Plan.
Jefferson County is currently laboring to replace the nullified
Jefferson County Development Code, No. 3-89· After environmental
review, the County plans to adopt an official control, containing
precisely detailed maps consistent with the Jefferson County
Comprehensive Plan Optimum Land Use Map. The Jefferson County
Planning Department estimates that this process of review and
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adoption will take approximately eighteen (18) months to
complete.
The Growth Management Act, ESHB 2929, requires Jefferson County
to enact interim land use controls protecting resource lands and
critical areas by March 1, 1992, and to amend the Jefferson
County Comprehensive Plan and enact permanent controls protecting
resource lands and critical areas by July 1, 1993. If Jefferson
County does not enact an interim zoning control without delay,
the options available to the County in planning, preparing and
enacting the aforementioned State mandated controls may be
severely diminished. Moreover, if unregulated development were
allowed to continue, many areas which would have been available
for designation and regulation as resource lands and critical
areas could be lost. Concomitantly, without an interim zoning
control, it is possible that urban services would be extended
into presently undeveloped areas in a random manner, leading to
sprawling, low density development wasteful of the land resource.
In the absence of the Jefferson County Development Code, No. 3-
89, the unincorporated areas of the County are not served by any
form of zoning control, contrary to the goals and policies of the
1979 Jefferson County Comprehensive Plan.
In order to avoid widespread circumvention of the Comprehensive
Plan, which would not serve the public health, safety, and
welfare, to preserve planning options for the classification,
designation, and regulation of resource lands and critical areas
pursuant to the Growth Management &ot, ESHB 2929, and to ensure
that unregulated development does not overburden the existing
capacity of available public services, it is necessary to
establish an interim zoning code to guide development until a
permanent official control can be adopted.
The Jefferson County Board of Commissioners has adopted revisions
to the Optimum Land Use Map of the Jefferson County Comprehensive
Plan, by way of Resolution No. 5-90, which specifically designate
the following commercial and industrial areas: Mats Mats
Commercial Area; Quilcene Commercial/Industrial Area; West End
Commercial\Industrial Area; Discovery Bay Commercial Area;
Chimacum Commercial Area; and, the Center Industrial Area.
The maps mentioned hereinabove may serve as the foundation for
the establishment of interim zones. Certain activities and uses
should be allowed within mapped and designated commercial and\or
industrial zones. Certain other activities and uses should be
permitted as "conditional uses" within these specifically mapped
and designated areas. All activities and uses which are not
specifically referred to within the interim control should be
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allowed outside of these specifically mapped and designated
areas.
The Board recognizes that some owners of property affected by
this interim control may wish to develop their property in a
manner ostensibly consistent with the goals, policies, and
previously existing Optimum Land Use Map of the Comprehensive
Plan, yet inconsistent with the zones established in this interim
control, prior to the enactment of a permanent official control.
To accommodate such property owners, this ordinance establishes
an administrative remedy by which such property owners may
request a change in zoning from the interim zoning designation
to the Comprehensive Plan Optimum Land Use Map designation (See .,
Section 13 - Administration, Subsection 9, hereinbelow). This ,/~
administrative remedy is intended to supplement the process o~.
creating precisely detailed maps and adopting a permanenq];~^~'
official land use control, as described in finding number
hereinabove. Because its purpose is to obtain conformity to the~.
1979 Comprehensive Plan, it is not necessary to demonstrate a ----
change in circumstances to obtain a change in zoning to the
Comprehensive Plan Optimum Land Use Map designation. As such,
this administrative remedy is not the same as requesting a
rezone. Instead, it is an integral part of the ongoing process
of creating precisely detailed maps which conform to, and
implement the Comprehensive Plan. To preserve the integrity of
this process, the administrative remedy provided herein must be
exhausted before any judicial challenge may be brought to this
ordinance.
The Board intends this ordinance to apply to all property within
the unincorporated areas of Jefferson County, to the extent
permitted by law.
This ordinance will operate as an emergency zoning control
preserving the County's planning options under the Comprehensive
Plan, and will remain in effect only until such time as the
County can conduct studies, hold hearings, and adopt a permanent
zoning control. As such, this ordinance is consistent with, and
expressly authorized by, the Planning Enabling Act, RCW
36.70.790.
This ordinance must be enacted immediately in order to avoid an
imminent threat to the public health and safety, and to avert
potentially serious environmental degradation related to
unregulated development activity. Pursuant to Washington
A~minlstratlve code rule 197-11-880, this ordinance is exempt
from environmental review under the Jefferson County State
Environmental Policy Act Implementing Ordinance, No. 7-84, and
the State Environmental Policy Act, RCW 43.21C.
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This ordinance allows for development to proceed in a manner
consistent with the rights of individuals to peacefully use and
enjoy their property, while concurrently protecting the
environment for the benefit of all the citizens of the County.
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This ordinance bears a substantial relationship to the public
health, safety and welfare of the County as a whole.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
Commissioners, as follows:
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GENERAL PROVISIONS
Section 1 - Purpose:
It is the purpose of this interim ordinance to promote the health,
safety and general welfare by guiding development within the County
in a manner consistent with the Jefferson County Comprehensive Plan·
This ordinance implements the goals, purposes, and objectives of the
comprehensive Plan by ensuring that the design, location, and type of
development occurring within the County is consistent with the Plan.
This ordinance is intended as an interim control only and shall be
repealed upon enactment of a permanent control.
Section 2 - Scope:
No use or development activity subject to this ordinance shall be
initiated except in compliance with this ordinance and then only after
securing a permit granting interim zoning approval from the County.
Any building, structure, or use, lawfully existing at the time of
enactment of this ordinance, though not in compliance with the
provisions contained herein, shall not be prohibited by this
ordinance.
Section 3 - Definitions: When used in this ordinance, certain words
are interpreted as follows: words in the present tense include the
future tense; words in the singular shall include the plural; the word
"shall" is mandatory; the word "should" indicates that which is
recommended but not required; the word "may" is permissive.
Ail words in this ordinance shall have their plain and ordinary
meaning unless otherwise defined hereinbelow:
Accessory: A use or building that is clearly subordinate or
incidental to the principal use of the property.
Adjacent: A lot or parcel of land that shares all or part of a
common lot line with another lot or parcel of land. Properties
separated by public rights-of-way are not considered adjacent.
Agriculture: Improvements or activities associated with the
growing, cultivation, and\or harvesting of crops and livestock,
including those activities necessary to prepare the agricultural
commodity for shipment.
Aquaculture: Improvements or activities associated with the
raising and harvesting of aquatic plants and animals, including
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those activities necessary to prepare the aquacultural commodity
for shipment.
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.
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.
Community Plan: A document that has been officially adopted by
the County as a special chapter to the Jefferson County
Comprehensive Plan.
Comprehensive Plan: The Jefferson County Comprehensive Plan; &
Policy Guide to Growth and Development, as may be amended.
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.
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.
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.
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.
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.
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Interim Zoning &pprov&l permit: A formal acknowledgement issued
by the Planning and Building Department that a proposal has been
reviewed and approved in accordance with the provisions of this
ordinance. The permit provides the basis upon which a building
permit or use permit can be issued.
Multi-Family Residenti&l Development: Developments containing
structures housing two (2) or more residential dwelling units.
Retail Sale: The sale of merchandise, services, or commodities
for use or consumption by the immediate purchaser and not meant
for resale.
Road or Vehicular Rights-of-Way: A strip of land dedicated or
conveyed for a public or private road including the adjoining
area designated for road expansion or utility purposes as
specified by recorded easements, recorded ownership instruments,
or dedications.
Setback: The minimum distance from the road right-of-way line
or any other lot line to the nearest projection of a structure
places on the property.
Silviculture: Improvements or activities associated with the
growing, cultivation, and\or harvesting of forest products,
including those activities necessary to prepare the silvicultural
commodity for shipment.
Single Family Residence: A dwelling unit detached from any other
dwelling unit and intended for occupation by one immediate
family. For the purposes of this ordinance, an apartment
integrated within a dwelling unit and used by a member of the
immediate family shall not be considered to be a separate
dwelling unit.
Variance: Approval to deviate from the requirements of
procedures of this ordinance.
Warehousing: Terminal facilities used for handling freight for
redistribution.
Zero Lot Line: The location of a detached building on a lot in
such a manner that one or more of the building's furthest
extensions rests directly on a lot line.
Section 4 - Exemptions:
The following uses or development activities are exempt from the
provisions of this ordinance. Exemption from this ordinance, however,
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does not imply exemption from any other applicable county, state, or
federal law, ordinance, or regulation.
1. Single family residences on a single parcel of record filed with
the Jefferson County Auditor;
2. Improvements to the interior of buildings when no change in use
is involved;
Normal maintenance and repair activities;
Accessory Uses to single family residences, unless the use is
commercial or industrial in nature;
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The division or development of land subject to the Jefferson
County Sub4ivlsion Or4inance, as may be amended, RCW 58.17, or
the Jefferson County Camper Club ordinance, as may be amended;
Any construction exempted under the Jefferson County Building
Code Ordinance, as may be amended, except for off-premise
advertising signs as provided in Section 8 - Conditional Uses,
hereinbelow;
Any shoreline development exempted under the Jefferson - Port
Townsend Shoreline Management Master Program, as may be amended;
8. Ail agricultural activities, except processing and retail sales;
9. Ail silvicultural activities, except processing and retail sales;
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Ail aquacultural activities subject to the provisions of the
Jefferson - Port Townsend Shoreline Management Master Program,
as may be amended;
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The construction or installation of signs erected and maintained
by a public agency;
12. Any window display, awning sign, national or state flag, or
religious symbol;
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The construction of a bus stop, loading zone, or passenger
shelter for taxi cabs, school or transit vehicles;
14. The demolition of any building, structure, or facility;
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Any grading, filling, or excavation of land, except: (a) within
the jurisdiction of the Jefferson - Port Townsend Shoreline
Management Master Program, as may be amended; (b) within an area
subject to a surface mining permit; or (c) for the purpose of
creating a hazardous waste treatment and storage facility;
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Ail road and street construction or improvement, unless
associated with a development subject to this ordinance;
17. The vacation of vehicular rights-of-way;
18. The installation and maintenance of all communication lines,
except for communication towers or relay stations;
19. The installation and maintenance of electrical lines and
facilities, except for substations, and energy facilities; and,
20. The installation and maintenance of any non-electrical utility
distribution and collection lines or hook-ups.
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SPECIFIC ZONE REGULATIONS
Section $ - Gener&l Commercial Zone:
1. purpose and Intent: It is the purpose of this section to establish
permitted uses and site development standards for the general
commercial zone. All activities involved in the retail or wholesale
buying, selling, or distribution of goods or services shall be
permitted within the general commercial zone. Mini-storage, transient
accommodations, and time-share developments shall be considered
general commercial activities for the purpose of this ordinance.
Warehousing activities shall be considered light industrial activities
for the purpose of this ordinance (see, Section 6 - Light Industrial
Zone). Home ocCupations shall be considered conditional uses for the
purpose of this ordinance (see, Section S - Con4itional Uses).
The following maps, adopted pursuant to Jefferson County Board of
Commissioners Resolutions Nos. 2-89, and 97-89, represent precisely
detailed amendments to the Jefferson County Comprehensive Plan Optimum
Land Use Map showing commercial areas. These maps are hereby
incorporated by reference as interim zoning maps designating the
"general commercial zone" for the purpose of'this ordinance: Mats
Mats Commercial Area; Quilcene Commercial Area; Discovery Bay
Commercial Area; Chimacum Commercial Area; and, that portion of the
Gardiner Optimum Development Map showing commercial areas.
2. Permitted Uses: Ail uses and activities involved in the retail or
wholesale buying, selling, or distribution of goods or services shall
be permitted within the general commercial zone.
3. Prohibited Uses: Uses other than those meeting the definition in
subsection 2, hereinabove, are prohibited.
4. Conditional Uses: Multi-family residential development as defined in
Section 9 - Conditlonal Uses, hereinbelow.
5. Development Standards:
a. Maximum building coverage: 70%.
b. Maximum development coverage: 85%.
c. Maximum height: Thirty-five feet (35').
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Minimum setbacks: The minimum setback for a commercial
structure, including any accessory building or structure, from
the public or private road rights-of-way shall comply with the
following standards. In the case of corner lots, the setback
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so
standard shall be applied to both rights-of-way. Additional
setbacks for planned unit commercial developments may be required
when deemed necessary during project review.
Department of Public Works
R-O-W Classifloations:
Minimum Setbacks:
Access road
Collector road
Arterial road
twenty-five feet (25')
thirty feet (30')
thirty-five feet (35')
The minimum building setback from adjoining properties (side and
rear yards) shall be as follows:
Interim Zoning Ordinance
Property Designation:
General Commercial
Light Industrial
Light Industrial\Commercial
General Use
Minimum Setbacks:
five feet (5') unless
approved as a common wall
structure
twenty feet (20')
twenty feet (20')
fifty feet (50')
Improvements: Pursuant to Section 13 - Administration,
hereinbelow, the Director of the Jefferson County Planning and
Building Department shall be empowered to draft and promulgate
administrative guidelines establishing specific development
standards for: lighting, landscaping, screening and buffering,
permissible noise emission levels, signs, drainage, steep slopes,
geologically unstable areas, traffic generation, parking space
requirements, off-street parking dimensions, access, surfacing,
and loading zones. Said guidelines shall provide additional
standards necessary for orderly development and shall be
considered as incorporated by reference herein upon adoption.
Section 6 - Light Industrial Zone:
1. Purpose and Intent: It is the purpose of this section to establish
permitted uses and site development standards for the light industrial
zone. All activities involved in the production, processing,
manufacturing, fabrication, or assembly of goods or materials shall
be permitted within the light industrial zone, except as provided
hereinbelow.
Commercial mini-storage units designed primarily for the storage of
domestic goods shall be considered commercial activities for the
purpose of this ordinance (see, Section 5 - General Commercial Zone).
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Only light industrial uses and activities shall be subject to this
section. Any other industrial or commercial uses and activities shall
be considered conditional uses for the purpose of this ordinance (see,
Section 8 - Condition&l Uses).
Light industrial uses are those activities that:
a. Are wholly contained, excluding display, in a structure or
combination of structures not exceeding ten thousand square feet
(10,000 s.f.), and not exceeding three stories or fifty feet
(50') in height;
b. Utilize five (5) acres or less of land for on-site requirements
except for use as an off-site hazardous waste and treatment
facility;
c. Do not produce noise, traffic, smoke, dust, odors, vibration,
heat, light, particulates, or electromagnetic energy to a greater
intensity than normally associated with commercial activities;
d. Have outside storage not exceeding twice the square footage of
the building.
The following maps, adopted pursuant to Jefferson County Board of
Commissioners Resolution No. 2-89, represent precisely detailed
amendments to the Jefferson County Comprehensive Plan optimum Land Use
Map showing industrial areas. These maps are hereby incorporated by
reference as interim zoning maps designating the "light industrial
zone" for the purpose of this ordinance: Quilcene Industrial Area;
and, Center Industrial Area.
2. Permitted Uses: Ail uses and activities involved in the production,
processing, manufacturing, fabrication, or assembly of goods or
materials, except as limited in subsection i hereinabove, shall be
permitted within the general industrial zone.
3. Prohibited Uses: Uses other than those meeting the definition in
subsection 2, hereinabove, are prohibited.
4. Conditional Uses: Heavy industrial uses and activities, and general
commercial uses and activities as prescribed in Section 8 -
Con4itional Uses, hereinbelow.
5. Development Standards:
a. Maximum building coverage: 80%.
b. Maximum development coverage: 95%.
c. Maximum height: Three stories, or fifty feet (50').
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Minimum setbacks: The minimum setback for light industrial
buildings or structures, from the edge of public or private road
rights-of-way, shall comply with the following standards. In the
case of corner lots, the setback standard shall be applied to
both rights-of-way.
Department of Public Works
R-O-W Classifications:
Minimum Setbacks:
Access road
Collector road
Secondary arterial road
Primary arterial road
twenty-five feet (25')
thirty feet (30')
thirty-five feet (35')
fifty feet (50')
The minimum building setback from adjoining properties (side and
rear yards) shall be as follows:
Interim Zoning Ordinance
Property Designation:
Minimum Setbacks:
General Commercial
Light Industrial
Light Industrial\Commercial
General Use
twenty feet (20')
ten feet (10')
twenty feet (20')
fifty feet (50')
Additional setbacks for light industrial developments may be
required when deemed necessary during project review.
Improvements: Pursuant to Section 13 - Administration,
hereinbelow, the Director of the Jefferson County Planning and
Building Department shall be empowered to draft and promulgate
administrative guidelines establishing specific development
standards for: lighting, landscaping, screening and buffering,
permissible noise emission levels, signs, drainage, steep slopes,
geologically unstable areas, traffic generation, parking space
requirements, off-street parking dimensions, access, surfacing,
and loading zones. Said guidelines shall provide additional
standards necessary for orderly development and shall be
considered as incorporated by reference herein upon adoption.
Section ? - Light Industrial\Commercial Zone
1. Purpose and Intent: It is the purpose of this section to provide for
the development of areas in which certain types of industrial
activities, and compatible commercial activities, shall be located.
Furthermore, it is the purpose of this section to: (a) protect light
industrial\commercial areas from other uses which may interfere with
the purpose and efficient functioning of said areas; (b) protect the
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adjacent interim zoning designations from adverse or damaging impacts
of any kind emanating from activities in the light industrial\
commercial areas; and, (c) provide standards for the development of
said areas.
Certain maps adopted pursuant to Jefferson County Board of
Commissioners Resolution No. 2-89, or adopted by the Jefferson County
Board of Commissioners within the Highway ~wenty Corridor Poliaios,
represent precisely detailed amendments to the Jefferson Coll~ty
Comprehensivm Pl&n Optimum Land Use Map showing industrial\commercial
areas. Said maps are hereby incorporated by reference as interim
zoning maps designating the "light industrial\commercial zone" for the
purpose of this ordinance: West End Industrial\Commercial Area; and,
Highway Twenty Industrial\ Commercial Area.
2. Permitted Uses:
Light industrial activities involving the manufacture, repair,
or servicing of goods or products which can be performed with
minimal adverse impact on, and pose no special hazard to, the
environment and the surrounding community. Such goods or
products include, but are not limited to:
Mechanical, automotive, marine and contractors\builders
equipment and supplies;
(2) Electrical and electronic equipment or products; and,
(3)
Warehousing and storage of equipment, commodities and
products.
Retail sale of goods or products manufactured on the premises,
or utilized in manufacturing, repairing or servicing activities
which are permitted in this zone.
c. Radio and television transmitting and receiving towers.
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All uses and activities occurring within the "light industrial\
commercial zone" must:
(1)
Be wholly contained, excluding display, in a structure or
combination of structures not exceeding ten thousand square
feet (10,000 s.f.);
(2)
Not utilize more than five (5) acres of land for on-site
requirements except for use as an off-site hazardous waste
and treatment facility;
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(3)
Not produce noise, traffic, smoke, dust, odors, vibration,
heat, light, particulates, or electromagnetic energy to a
greater intensity than normally associated with commercial
activities; and,
(4)
Not have outside storage exceeding twice the square footage
of the building.
3. Prohibited Uses: Uses other than those delineated in subsection 2,
hereinabove, are prohibited.
4. Conditional Uses: Heavy industrial development as defined in Section
9 - Conditio~&l Uses, hereinbelow.
5. Development Standards:
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Maximum density: The maximum density shall be one building or
structure per parcel of record as filed with the Jefferson County
Auditor's office.
~a. Maximum buildinq coveraqe: 75%.
eb.
Maximum development coveraqe: 90%.
Maximum heiqht: No building or structure shall exceed thirty-
five feet (35') in height without conditional review and approval
by the Board of Commissioners upon recommendation of the Hearing
Examiner. Approval of structures exceeding thirty-five feet
(35') in height shall meet the following criteria:
The building and design shall.be compatible with the
physical characteristics of the site, the appearance
of buildings adjacent to the site, and the character
of the zone;
(2)
A site plan shall be submitted by the applicant which
facilitates efficient and convenient circulation, includes
landscaping and\or other design features which ensure that
the building or structure is compatible with the physical
characteristics of the site, the appearance of buildings
adjacent to the site, and the character of the zone; and,
(3)
No structure shall be permitted to exceed fifty feet (50')
or three (3) stories, whichever is less.
Minimum setbacks: The minimum setback for light industrial\
commercial buildings or structures, from the edge of public or
private road rights-of-way, shall comply, with the following
standards. In the case of corner lots, the setback standard
shall be applied to both rights-of-way.
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Departz~ent of Public Works
R-O-W Classifications:
Minimum Setbacks=
Access road
Collector road
Secondary arterial road
Primary arterial road
twenty-five feet (25')
thirty feet (30')
thirty-five feet (35')
fifty feet (50')
The minimum building setback from adjoining properties (side and
rear yards) shall be as follows:
Interim Zoning Ordinance
Property Designation:
Minimum Setbacks=
General Commercial
Light Industrial
Light Industrial\Commercial
General Use
twenty feet (20')
twenty feet (20')
twenty feet (20')
fifty feet (50')
Additional setbacks for light industrial\commercial developments
may be required when deemed necessary during project review.
improvements: Pursuant to Section 13 - Administratio~,
hereinbelow, the Director of the Jefferson County Planning and
Building Department shall be empowered to draft and promulgate
administrative guidelines establishing specific development
standards for: lighting, landscaping, screening and buffering,
permissible noise emission levels, signs, drainage, steep
slopes,geologically unstable areas, traffic generation, parking
space requirements, off-street parking dimensions,
access,surfacing, and loading zones. Said guidelines shall
provide additional standards necessary for orderly development
and shall be considered as incorporated by reference herein upon
adoption.
Section S - General Use Zone:
1. Purpose and Intent: It is the purpose of this section to establish
permitted uses for the general use zone. All uses and activities
except those enumerated in Section 5 - General Commercial Zone,
Section 6 - Liqht Industrial Zone, or Section 7 - Light Industrial\
Commercial Zone hereinabove, shall be considered permitted or
conditional uses within the general use zone.
All areas within the unincorporated boundaries of the County not
designated as the "general commercial zone," the "light industrial
zone," or the "light industrial\commercial zone" hereinabove, shall
be designated as the "general use zone" for the purpose of this
ordinance.
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2. permitted Uses: Ail uses and activities except those enumerated in
Section $ - General Commercial Zone, Section $ - Liqht Industrial
Zone, or Section ? - Liqht Industrial\Commercial Zone hereinabove,
shall be considered permitted or conditional uses within the general
use zone.
3. ~rohibited Uses: All uses and activities enumerated in Section S -
General Commercial Zone, Section 6 - Liqht Industrial Zone, and
Section 7 - Liqht industrial\Commercial Zone hereinabove, except as
may be permitted through the administrative remedy delineated in
Section 13 - Administration hereinbelow.
4. Conditional Uses: As provided in Section 9 - Conditional Uses,
hereinbelow, as follows:
ae
Multi-family residential development, as defined in Section 9 -
Conditional Uses, hereinbelow;
General commercial uses, as defined in Section 9 - Conditional
Uses, hereinbelow;
Ce
Heavy industrial development,
Conditional Uses, hereinbelow;
as defined in Section 9 -
0
Signs, as provided in Section 9 - Conditional Uses, hereinbelow;
and,
Home occupations as defined in Section 9 - Conditional Uses,
hereinbelow.
18
REVIEW PROCEDURES
Section 9 - Conditional Uses:
1. Permit Required: Certain uses, because of their unusual size,
infrequent occurrence, special requirements, possible safety hazards
or detrimental effects on surrounding properties and other similar
reasons, are classified' as conditional uses for the purpose of this
ordinance. These uses shall be allowed within certain use zones, as
specified hereinabove, after obtaining a conditional use permit
granted by the Board of Commissioners. Prior to granting such a
permit, the Jefferson County Hearing Examiner shall hold a public
hearing and recommend issuance of the permit, if it is evident that
all the specified conditions for the particular use have been
satisfied.
All conditional use permits approved by the Board of Commissioners
shall certify the location, nature and extent of the conditional use,
together with all conditions imposed and any other information
necessary for the issuance of the permit.
2. Review Criteria: In addition to the requirements prescribed
hereinbelow within this section, conditional uses shall not be
recommended or granted unless all of the following findings are made
in the affirmative:
The proposal will not materially endanger the public health,
safety, or general welfare, or generate unacceptable impacts
beyond the property boundaries;
The proposal will not substantially impact the reasonable use
and enjoyment of surrounding properties;
The proposal is consistent with the overall goals and objectives
of the Comprehensive Plan;
The cumulative effect of approving this and similar proposals
will not cause an erosion of the purpose and intent of the
Comprehensive Plan; and,
e®
The character of the use is in harmony with the surrounding
area.
3. Conditional Uses: The following uses and activities shall be
permitted conditionally within the "general use zone," subject to the
restrictions set forth hereinbelow:
19
ae
Multi-Family. Residential Developments: Multi-family residential
developments are those that are ~esigned and intended for
residential occupancy in multi-family structures regardless of
the type of building or ownership in which such use occurs.
Examples include, but are not limited to: townhouses, duplexes,
multiplexes, condominiums, apartment houses, boarding houses,
and lodging houses.
(1) Location Standards: Multi-family residential developments
shall not be located within the "light industrial zone,"
or the "light industrial\commercial zone." Multi-family
residential developments shall be located within the
"general commercial zone" or the "general use zone" if:
(a) The proposed development is related to an employment
center, transportation system, and adequate public
facilities including water supply and sewage disposal;
and,
(b) The proposed development is effectively separated from
adverse conditions originating from industrial
operations, highways, airports, commercial areas, or
other similar uses and activities.
(2)
Development Standards:
Maximum building coverage:
40%.
Maximum development coverage: 65%.
Maximum height: Three stories, or fifty feet (50').
Minimum setbacks:
Department of Publlc Works
R-O-W Classifications:
Minimum Setbacks:
Access road
Collector road
Secondary arterial
Primary arterial
twenty feet (20')
twenty-five feet (25')
thirty feet (30')
forty-five feet (45')
Yard:
Minimum Setbacks:
Front lot line
Rear lot line
Side lot line
twenty feet (20')
twenty feet (20')
five feet (5') on interior
lot
ten feet (10') on flanking
street
fifteen feet (15') on one
side for zero lot line
developments
20
Additional setbacks for multi-family developments adjacent
to the "general commercial zone," the "light industrial
zone," the "light industrial\commercial zone," or water
bodies and wetlands may be required when deemed necessary
during project review.
Open Space: Open space equal to fifty percent (50%) of
total building coverage shall be devoted to landscaping
and\or outdoor recreational facilities. Driveways, loading
areas, maneuvering space and parking stalls shall not be
considered part of this required space. This open space
shall not be covered with impermeable surfaces except for
tennis courts, swimming pools or other similar uses which
require an impermeable surface.
Improvements: Pursuant to Section 13 - Administration,
hereinbelow, the Director of the Jefferson County Planning
and Building Department shall be empowered to draft and
promulgate administrative guidelines establishing specific
development standards for: lighting, landscaping,
screening and buffering, permissible noise emission levels,
signs, drainage, steep slopes, geologically unstable areas,
traffic generation, parking space requirements, off-street
parking dimensions, access, surfacing, and loading zones.
Said guidelines shall provide additional standards
necessary for orderly development and shall be considered
as incorporated by reference herein upon adoption.
General Commercial Development: General commercial
developments, as prescribed in Section 5 - General Commercial
Zone hereinabove, shall be permitted as conditional uses within
the "light industrial zone" and the "general use zone" when
consistent with the criteria contained in subsection 2 of this
section, hereinabove, and the overall goals and policies of the
Comprehensive Plan.
(1)
Additional Location Standards: Consistent with the goals
and policies of the Comprehensive Plan, all general
commercial development occurring within the "general use
zone" must locate within a six hundred and sixty foot
(660') radius of the intersection of two (2) or more
arterial roads.
Heavy Industrial Development: Heavy industrial developments are
those uses and activities involved in the production,
processing, manufacturing, fabrication, or assembly of goods or
materials that do not meet the definition of "light industrial
uses" within Section 6 - Light Industrial Development Zone.
Examples include, but are not limited to: log processing
facilities, rock
21
crushers, pulp and paper mills, bulk
products, and log storage and handling.
(1)
storage of petroleum
Location Standards: Heavy industrial developments shall
not be located within the "general commercial zone." Heavy
industrial developments shall be located within the "light
industrial zone," the "light industrial\commercial zone"
and the "general use zone" when adjacent to existing and
active heavy industrial uses, other than home occupations,
and when otherwise consistent with the overall goals and
objectives of the Comprehensive Plan.
(2)
Development Standards:
Maximum building coverage:
85%.
Maximum development coverage: 100%.
Maximum height: Fifty feet (50') for proposals involving
more than one gross acre; thirty-five feet (35') for
proposals involving less than one gross acre.
Minimum setbacks:
Department of Public Works'
R-O-W Classifications:
Minimum Setbacks:
Access road
Collector road
Secondary arterial
Primary arterial
twentyrfive feet (25')
thirty feet (30')
thirty-five feet (35')
fifty feet (50')
Interim Zoning Ordinance
Property Designation:
Minimum Setbacks:
General Commercial
Light Industrial
Light Industrial\Commercial
General Use
fifty feet (50')
twenty feet (20')
fifty feet (50')
one hundred feet (100')
Additional setbacks for heavy industrial developments
adjacent to the "general commercial zone," the "general use
zone," the "light industrial\commercial zone," or water
bodies and wetlands may be required when deemed necessary
during project review.
Improvements: Pursuant to Section 13 - A4ministration,
hereinbelow, the Director of the Jefferson County Planning
and Building Department shall be empowered to draft and
promulgate administrative guide.lines establishing specific
development standards for: lighting, landscaping,
screening and buffering, permissible noise emission
22
de
levels,signs, drainage, steep Slopes, geologically unstable
areas, traffic generation, parking space requirements, off-
street parking dimensions, access, surfacing, and loading
zones. Said guidelines shall provide additional standards
necessary for orderly development and shall be considered
as incorporated by reference herein upon adoption.
Siqns: Signs are any display device or structure or part
thereof that is used to advertise, identify, display, or attract
attention to an object, person, institution, business, product,
service, event, or location by any means, including words,
letters, figures, designs, colors, illuminations, or projected
images.
(1)
Location Standards: Both on and off premise signs shall
be conditionally permitted within the "general use zone."
Off premise signs, however, must be located along primary
or secondary arterial roads (as classified by the Jefferson
County Department of Public Works), provided that they do
not exceed eight feet (8') in height, and eight square feet
(8 s.f.) in Size.
(2)
General Standards:
Maximum Height: No sign shall be taller than the highest
point upon the structure or building to which it is
related.
Minimum Setbacks: Signs shall neither project into public
road rights-of-way, nor be erected in such a manner as to
create a traffic hazard or nuisance as may be determined by
the Jefferson County Department of Public Works or
Washington State Department of Transportation.
(3)
Supplemental Design Standards: Pursuant to Section 13 -
&~ministraticn, hereinbelow, the Director of the Jefferson
County Planning and Building Department shall be empowered
to draft and promulgate administrative guidelines
establishing supplemental design standards relating to:
illumination, size, number allowed, wall signs, signs
within multi-tenant developments, maintenance, clearances,
landscaping, waterfront signs, planned residential
development signs, and specialty signs.
Home Occupations: Home occupations are any activities conducted
for financial gain or profit in a dwelling unit, which are not
generally or customarily characteristic of activities for which
dwelling units are intended or designed. The activity must
23
clearly be incidental or secondary to the residential use
of the dwelling unit, and must be conducted only by
persons residing in the dwelling unit, plus no more than
three (3) nonresident assistants or employees.
The occupation may include such uses as personal, business, and
professional services, and offices and repair shops for
household items. Mechanical equipment used in home occupations
shall not be of the nature that is objectionable due to noise,
dust, smoke, vibration, odor, or electronic interference.
(1)
Location Standards: Home occupationsmay be located within
any zone described herein when consistent with the
standards set out hereinbelow.
(2) General Standards:
(a)
Home occupations shall occupy not more than twenty-
five percent (25%) of the total floor area of the
residence. In no event shall such occupancy exceed
five hundred square feet (500 s.f.);
(b)
The occupation shall be carried on entirely within a
residence or an accessory building thereto.
Structural alterations or exterior modifications to
the structure in order to accommodate the occupation
shall not be permitted;
(c)
The occupation shall be conducted in such a manner as
to give no outward appearance of, nor manifest any
characteristics of a business in the ordinary meaning
of the term;
(d)
The occupation shall be conducted in such a manner as
to protect the rights of neighboring residents to
enjoy peaceful occupancy of their homes; and,
(e)
Home occupations shall emit no noise, air pollutants,
waste products or other effects detrimental to the
environment or the neighborhood beyond those normally
emanating.from residential use.
(3)
Supplemental Standards: Pursuant to Bectfon X3 -
A~ministratio~, hereinbel'ow, the Director of the Jefferson
County Planning and Building Department shall be empowered
to draft and promulgate administrative guidelines
establishing supplemental standards relating to:
parking,storage, hours of operation, signs, access,buffers,
lighting, and traffic.
24
Section 10 - T~mporar¥ &ctivities and Structures: Temporary activities
are those structures, facilities, or uses that occur on a seasonal or
sporadic basis and involve the processing and\or sale of commodities.
Examples include, but are not limited to: the sale of farm produce,
firewood, fireworks, and Christmas trees; and, temporary rock crushing
activities.
Ail persons who wish to initiate a temporary activity or structure
within the County must first apply to the Planning and Building
Department for a permit granting approval, using an application form
supplied bythe Planning and Building Department. Temporary activities
and structures shall be reviewed and approved or denied
administratively, by the Planning and Building Department, with a right
of appeal to the Jefferson County Hearing Examiner.
Following administrative approval, the temporary activity or structure
shall be permitted for a period of ninety (90) days. No later than ten
(10) working days prior to the termination of the initial ninety (90)
day period, the applicant may file a written notice with the Planning
and Building Department requesting that the temporary activity or
structure be allowed to continue for an additional ninety (90) days.
Under no circumstances shall a temporary activity or structure be
permitted to continue for more than one hundred and eighty (180) days.
(1) Location Standards: Temporary activities and structures may be
located within all zones when consistent with the standards set
forth hereinbelow.
(2) General Standards:
Structure:
within five
operation.
Ail temporary structures shall
(5) days of the termination of
be removed
authorized
Access and Circulation: Provisions for access and
circulation shall be reviewed and approved by the Jefferson
County Department of Public Works or the Washington State
Department of Transportation.
Setbacks: Temporary activities and structures shall be
sufficiently setback from public rights-of-way so as not to
create a traffic hazard.
Parkinq: Temporary activities and structures shall only be
located where adequate provisions for off-street parking
can be accommodated.
Noise: Noise levels generated shall not be in excess of
levels allowable in residential neighborhoods as per WAC
173-60, as may be amended, incorporated by reference
herein.
25
Hours of operation: Temporary activities or structures
used for the processing and\or sale Of commodities shall
maintain business hours that are not disruptive to the
normal use of adjacent residential properties. Typically,
this would be during daylight hours, weekdays.
Fumes, Odors, and Dust: Temporary activities that create
noxious fumes, offensive odors, or excessive amount of
airborne dust shall not be permitted.
Traffic: Traffic resulting from temporary activities shall
not adversely affect surrounding properties or adjoining
rights-of way.
Smction 11 - Variances and Exceptions: Variances from the site
development standards contained in this ordinance may be granted under
certain circumstances. A request for a variance should be submitted in
writing along with supporting documentation and shall accompany the
application for a certification of compliance (see Section 13 -
A~ministration for greater detail)·
A variance may be granted when it is concluded that strict enforcement
of this ordinance would result in practical difficulties or exceptional
or unjust hardship for the applicant. In granting the variance the
Hearing Examiner shall seek to ensure that the spirit of this ordinance
is observed, that public safety and welfare is secured, and that
suitable justice is done. Variances shall be granted when all of the
following findings are made in the affirmative:
A literal enforcement of the standard complained of would result
in an undue hardship not experienced by neighboring properties
or the general public;
The hardship relates to application of the standard to the land,
rather than the personal circumstances of the applicant;
The granting of this and similar requests would not serve to
erode the purpose of the standard so varied;
The variance so granted would constitute the minimum relief
necessary to allow reasonable use of the property; and,
The variance does not authorize deviation from the specific
zone restrictions contained in this ordinance.
Section 12 - Expansion, &Iteration, or Chanqe in Use: The expansion,
alteration, or change in use of any existing conforming or non-
conforming use is subject to the provisions of this ordinance.
26
~DH~N~STI~T~ON
Section ~3 - ~d~inistration:
1. Ordinance Administration: The Director of the Jefferson County
Planning and Building Department is hereby designated as the zoning
administrator. The zoning administrator shall be empowered to
construe or interpret vague or incomplete terms within this
ordinance, consistent with the overall intent and purposes of the
ordinance.
Furthermore, the zoning administrator shall have the power to
prescribe administrative guidelines establishing specific development
standards as provided hereinabove.
Said administrative guidelines shall be reviewed, and may be amended,
by the Board upon receipt of a recommendation from the Jefferson
County Planning Commission within thirty days (30) of their
establishment.
2. Application: Ail persons who wish to develop land in the County must
first apply to the Planning and Building Department for a permit
granting interim zoning approval, using an application form supplied
by the Planning and Building Department.
Those applications which upon initial inspection appear to be
insufficiently prepared to provide a basis for adequate review shall
be returned by the Planning and Building Department. A written
statement citing the information requirements upon which
nonacceptance is based shall be supplied by the Planning and Building
Department when requested by the applicant.
3. Fees: Applications for permits granting interim zoning approval
shall be accompanied by fees as established by the Board, payable to
the Jefferson County Planning and Building Department.
4. Administrative Determination: The Planning and Building Department
shall render an administrative determination to grant or deny an
application for interim zoning approval within ten (10) working
days after the receipt of a completed application, unless the
applicant consents in writing to a specific extension of this time
period.
An administrative determination to grant an application shall be made
when the proposal is consistent with the goals, policies, and
provisions of the Comprehensive Plan, and\or applicable community
development plan, and this ordinance. Issuance of a permit by the
Planning and Building Department granting interim zoning approval
shall provide a firm basis to proceed with the proposed development
2'7
in a manner consistent with any conditions of approval and any other
applicable County regulations.
An administrative determination to deny an application shall be made
when the proposal in not consistent with the goals, policies, and
provisions of the Comprehensive Plan, and\or applicable community
development plan, and this ordinance. Denials of applications for
permits granting interim zoning approval shall be accompanied by a
written statement identifying specific areas in which the proposal is
deficient.
5. Appeals of Administrative Determinations:
Any administrative determination made by the Planning and
Building Department approving or denying interim zoning approval
may be appealed to the Hearing Examiner by the applicant, a
public agency, or any interested person as defined hereinbelow,
no later than fourteen (14) days following the decision of the
Planning and Building Department by notice in writing to the
Planning and Building Department;
be
Only persons holding an ownership interest in property located
within six hundred feet (600') of the boundary of the property
at issue shall be considered interested persons for the purposes
of this section;
Ce
The written notice of appeal shall include information clearly
demonstrating that the zoning determination made by the Planning
and Building Department for the property at issue is
inconsistent with the policies and guidelines of the
Comprehensive Plan. In such instances, the Hearing Examiner
shall render a decision, in the form of a recommendation to the
Board, placing the property under the zoning designation within
this ordinance which is most consistent with the Comprehensive
Plan.
6. Public Hearing: Public hearings shall be required for conditional
use permit applications, petitions for variances and exceptions from
the development standards of this ordinance, and for appeals of
administrative determinations. All such hearings shall be conducted
by the Jefferson County Hearing Examiner.
The Hearing Examiner shall examine the application, petition, or
appeal, the recommendation of the Planning Department, and the
relevant provisions of this ordinance and the Comprehensive Plan
and\or applicable community development plan. The Hearing Examiner
shall present and review all other pertinent information in his\her
possession and shall provide an opportunity for all interested
persons to speak and submit exhibits. An accurate record of the
public hearing shall be kept, by the Hearing Examiner which shall be
available for public inspection.
28
7. public Notice: Notice of public hearing on applications for
conditional use permits, petitions for variances or exceptions and
appeals of administrative determinations shall be given as follows:
ao
The Planning and Building Department shall provide the applicant
with at least five (5) copies of a notice of the public hearing,
and one (1) copy of an affidavit of posting. The applicant
shall post the notices and maintain them in place for at least
ten (10) days prior to the public hearing, not including the day
of posting or the day of the hearing. The notices shall be
placed in conspicuous locations on or near the property and
shall be removed by the applicant after the hearing. The
affidavit of posting shall be signed, notarized, and returned to
the Planning and Building Department at least one (1) week
before the hearing;
The Planning and Building Department shall arrange for at least
one (1) publication of the notice to appear in a newspaper of
general circulation within the County at least ten (10) days
before the hearing. Payment of all publication fees shall be
the responsibility of the applicant;
The Planning and Building Department shall send notices to
property owners advising them of the pending application,
petition, or appeal whichever is applicable. The notice shall
be mailed to the owners of record of all property lying within
three hundred (300') of the property at issue, at least ten (10)
days before the public hearing; and,
Ail hearing notices shall include a legal description of the
property at issue and either a vicinity location sketch or a
location description in non-legal language.
8. Hearing Examiner Recommendations\Final Decisions: The Jefferson
County Hearing Examiner shall review all applications for conditional
use permits, petitions for variances and exceptions from the
development standards of this ordinance, and appeals of
administrative determinations granting or denying interim zoning
approval.
The Examiner shall receive and examine available information, conduct
public hearings, and enter findings of fact and conclusions of law
based upon those facts in a record of decision to be rendered within
ten (10) working days of the conclusion of the hearing.
Specifically, the Examiner shall determine whether the application,
petition, or appeal is consistent with the goals, policies and
provisions of the Comprehmnsive Plan and\or applicable community
development plan, and this ordinance.
29
The conclusions of the Examiner relative to conditional use permits
and appeals of administrative determinations shall be in the form of
recommendations to the Board. The conclusions of the Examiner
relative to variances and exceptions shall be in the form of final
decisions appealable to the Board.
Appeals of Examiner decisions relative to variances and exceptions
shall be initiated by filing a notice of appeal with the Board within
ten (10) days of the issuance of the Hearing Examiner's decision.
9. Board of Commissioners Decision: The Board shall consider
recommendations of the Hearing Examiner relative to appeals of
administrative determinations and conditional use permit applications
at a regularly scheduled meeting of the Board. The Board shall
consider the Examiner's recommendation, supporting documents, and all
other pertinent information. The Board shall either approve or
reject the recommendation of the Hearing Examiner.
However, if the Board determines that a change to the Hearing
Examiner's recommendation is necessary, the change of the
recommendation shall not be made until the Board conducts its own
public hearing and thereupon adopts its own findings and thereafter
approves or disapproves the conditional use permit or administrative
appeal.
10. Administrative Relief from Interim Zoninq Desiqnations:
a. (1)
The owner of any real property within the unincorporated
areas of the County may file a petition with the Board for
relief from the zoning imposed by this ordinance.
(2)
Petitions shall be filed with the Planning and Building
Department on forms prescribed by it.
(3) The fee for filing a petition is $500.00.
(l)
If the petitioner clearly demonstrates that a zoning
designation other than the one designated herein would be
most consistent with the policies and guidelines of the
Comprehensive-Pl&n for the property at issue, the Board
shall enter an order placing the property under the zoning
designation within this ordinance which is most consistent
with the Comprehensive Plan.
(2)
Because this administrative remedy is a part of the ongoing
process of creating precisely detailed maps which conform
to, and implement the Comprehensive Plan, it is not
necessary to demonstrate a change in circumstances to
obtain a change in zoning.
30
de
fm
Before the Board makes a decision on any petition, the Planning
Commission shall conduct a public hearing. Notice of public
hearing shall describe the time, place and purpose of the
hearing. The notice shall be published in a newspaper of
general circulation in the County and mailed to the owners of
record of all property lying within three hundred (300') of the
property at issue at least ten (10) days before the public
hearing. Upon conclusion of the public hearing and review of
the testimony and supporting documentation, the Planning
Commission shall forward written findings of fact and a
recommendation to the Board.
Applications for zoning approvals or development permits shall
not be consolidated for hearing and decision with the petition
authorized by this subsection.
The denial of any petition brought under this subsection shall
not prejudice the proposal or enactment of any zoning changes
resulting from the review described in FiDding No. 11 of this
ordinance. Unless a change of circumstances is demonstrated,
any zoning change granted under this subsection shall not be
modified as a result of such review; said zoning change shall be
incorporated into the final official control described in
Finding No. 11, hereinabove.
The administrative process set forth in this subsection must be
fully completed and exhausted before any judicial action to
challenge, set aside, or void this ordinance, or any part of it,
may be brought.
31
LE~i%L PROViSiONS
~ection X4 - Violations: Any person who violates the provisions of this
ordinance, or permits such violation, or otherwise fails to comply with
the procedures, standards, or requirements established herein is subject
to any and all corrective actions available to the County under the law.
Additionally, any sign, structure, or building hereafter constructed,
altered, enlarged, converted, moved, or changed, or any use of the
property or structure contrary to the provisions of this ordinance is
considered unlawful and may be subject to abatement or other remedial
action. Notwithstanding remedies provided hereinbelow, Jefferson County
shall cause all related development permits to be suspended or withheld
for any development initiated without obtaining approval under this
ordinance. Said suspension or withholding will remain in effect until
compliance with this ordinance is achieved.
Section X$ - Enforcement and Remedies: Jefferson County shall strive
to equitably administer the procedures and standards established by this
ordinance. In doing so, the County may take such administrative,
injunctive, declaratory, or other action as is necessary to ensure
compliance with the provisions of this ordinance.
1. Administrative Remedies: The Planning and Building Department shall
investigate and verify that a violation exists. Upon verification,
the Department shall provide written notice to the party causing the
alleged violation and seek voluntary suspension of the action or
activity and compliance with the provisions of this ordinance.
Should voluntary compliance not be forthcoming, the Department shall
move to initiate compliance through legal remedies or initiate action
to rescind the permit granting interim zoning approval.
2. Rescission of Permit Grantinq Interim Zoning Approval: The permit
granting interim zoning approval shall be rescinded upon finding that
the permittee or his or her designated representative or agent
misrepresented the facts upon which approval was based; or has not
complied with the development standards or conditions for which
approval was granted. Written notice of the rescission shall be
provided to the permittee. The permittee shall have thirty (30) days
to respond to the notice before rescission of the permit granting
interim zoning approval becomes effective. Projects for which
interim zoning approval has been rescinded are subject to the
proceedings established hereinbelow to ensure compliance with the
conditions of the project approval or to abate the development.
3. Leqal Remedies: Upon receipt of a documented violation where
administrative remedies have failed to correct the violation, the
County Prosecutor shall take such legal action as deemed necessary to
32
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.
Section 19 - Adoption: Adopted by the Jefferson County Board of
Commissioners this 6th day of January, 1992.
· ;
ATTEST:
~o~arrn~ L. Delaney,
APPROVED AS TO FORM:
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
Mark Huth,-Jefferson County
Prosecuting Attorney
33
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WbSl' bNU
COMMERCIAL/INDUSTRIAL
AREA
SECTION BO~JNDAR y
UNPAVED ROAD
0 40O
COMMERCIAL/
INDUSTRIAL AREA
800 12OO
I
FEET
LOT I
~T. 30 AC,
LOT ;' 33. 80 AC.
ITT RAYONIER, INC.
V. IZS, P. 492
7123320OI
(1986)
LOT 3 Z3.23 AC.
C.C. FOREST, INC.
TI2533OOI
6§.10 AC.
(ISa'r}
LOT 4
42.1§ AC.
LOT 5 27. 70 AC.
ROCKWELL D FLETCHER
712333002
(1982)
T27N /71214/
T2EN ~712kY
APPROVED and CERTIFIED thl. I~day of,.TQnuo, pV , 19~10.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
A FI-ACH~ENT 3
SECT/ON
SE q.of SEq.
STATE OF WASHINGTON
("Lying south of D.N.R. Clearwaler
Logging Road")
32.i0 AC.
V. 55, P. ITT
APPROVED BY THE JEFFERSON COUNTY
PLANNING COMMISSION DECEMBER 6, 1989
_ :::-~- ...... ~ '
PETER BADAME, CHAIRMAN
ALICE KING.
' ATTEST,
DISCOVERY BAY
COMMERCIAL AREA
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OPTIMUM DEVELOPMENT
HIGHWAY 20 CORRIDOR MA?
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Highway 20 Corridor
Lok
Old For~
APPROVED BY THE
JEFFERSON COUNrFY PLANNING CObIMISSION
ATic'-~ ~King, Se'creta~-
APPROVED BY
JEFFERSON COUNTY BOARD OF COb~4ISSIONERS
B.G. Brmm, Chairman
Larry W. Dennison, biember
-~Geofge C. ~o~, Member
Serving the communities of Chimacum, Irondale, Nordland and Port Hadlock
FILE COPY
January, 21, 1992
Larry Denninson, Chairman
B G Brown, Member
Richard Wojt, Member
Board of Commissioners
Jefferson County
RE:
While the community applauds your efforts to create a zoning code
to allow for quality, responsible growth under the Growth Management Act,
we are deeply concerned that Ordinance No. 1-0106 became law without
benefit of public scrutiny. This Ordinance is a powerful law that will
profoundly affect the lives of all citizens in Jefferson County.
That the community of Port Hadlock was omitted from this law is of
interest: although we are certain that this was an administrative
oversight as has been suggested to us, ironically, we thank you for
omitting our community from an Ordinance that has yet to be discussed
with the constituency.
Having thus gone on record as supporting quality, responsible
growth, and of the absolute necessity of discussing so far reaching an
issue as zoning with the community prior to the enactment of law, we
encourage you to include the community of Port Hadlock in Ordinance No. 1-
0106, an interim law, with the understanding that public hearings wil& be
conducted prior to the enactment of a more permanent law.
Sincerely,
Board of Directors