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HomeMy WebLinkAbout02 0127 92? 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: 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. 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. 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. 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, RCW 43.21C. Se e 10. The aforementioned Emergency Zoning Ordinance incorporates by reference the following maps (which represent precisely detailed amendments to the Jefferson County Comprehensive Plan Optimum Land Use Map adopted pursuant to Jefferson County Board of Commissioners Resolutions Nos. 2-89 and 97-89) which depict the "general commercial zone": Mats Mats Commercial Area; Quilcene Commercial Area; Discovery Bay Commercial Area; Chimacum Commercial Area; and, that portion of the Gardiner Optimum Land Development Map showing the commercial area. The aforementioned "general commercial zone" maps do not include any maps depicting the Port Hadlock Community Center, the Tri- Area Business District, or the Brinnon Flats Commercial Core, which, according to the applicable community plans (Tri-Area Community Development Plan, and the Brinnon Community Development Plan), are dedicated to commercial uses and activities. In order to give effect to the optimum land use provisions of the respective community plans (Tri-Area Community Development Plan, and the Brinnon Community Development Plan), the areas referred to in finding number six, hereinabove, should be served by precisely detailed maps which explicitly designate the "general commercial zone" for the purposes of the Emergency Zoning Ordinance. The Board is cognizant of the fact that a precisely detailed map depicting the Tri-Area Business District will, consonant with the Tri-Area Community Development Plan, encourage strip commercial development. The aforementioned Emergency Zoning Ordinance incorporates by reference the following maps (which represent precisely detailed amendments to the Jefferson County Comprehensive Plan Optimum Land Use Map adopted pursuant to Jefferson County Board of Commissioners Resolution No. 2-89) which depict the "light industrial zone": Quilcene Industrial Area; and Center Industrial Area. The aforementioned "light industrial zone" maps fail to incorporate the Gardiner Industrial Area map, which represents a precisely detailed amendment to the Jefferson County Comprehensive Plan Optimum Land Use Map adopted by way of Resolution No. 97-89, depicting the Gardiner Industrial Area. In order to give effect to the Gardiner Community Development Plan, that map within the Gardiner Plan depicting the Gardiner Industrial Area should be included within the Emergency Zoning ordinance as a map explicitly designating the "light industrial zone." 11. 12. The aforementioned Emergency zoning Ordinance does not incorporate a finding clearly indicating that uses and activities lawfully existing at the time of enactment of the ordinance, though not in compliance with the ordinance, are not prohibited. Such a finding should be included within the ordinance to assuage, in particular, the apprehensions of owners of property within the "general use zone." The aforementioned Emergency Zoning Ordinance incorporates conditional use approval standards for "home occupations" which are significantly more stringent than analogous provisions contained in prior Jefferson County land use regulations. These more stringent standards place unreasonable and unduly limiting restrictions upon home occupations, in that many activities which pose no threat to the peaceful enjoyment of surrounding properties would be prohibited. Accordingly, those provisions of the Emergency Zoning Ordinance relating to "home occupations" should be amended to ease the standards for "home occupations." 13. The aforementioned Emergency Zoning Ordinance details a procedure for obtaining "administrative relief" from the interim zoning designations. According to the ordinance, the petition for filing a request for a change in the interim zoning designations must be accompanied by a five hundred dollar ($500.00) fee. This fee is excessive and operates to discourage individuals from seeking the remedy of the zone change. Accordingly, the Emergency zoning ordinance should be amended to eliminate the five hundred dollar ($500.00) zoning change fee. Waiving the fee would encourage land owners to use the zoning change remedy, thereby facilitating the ongoing process of creating precisely detailed maps and adopting a permanent official land use control. The Planning Department's unified Fee Ordinance, No. 5-89, should be amended to make appropriate provision for fees covering notice expenses related to zoning change petitions (e.g., notices to adjacent property owners, publication of required public notices, etc.). NOW, THEREFORE, the Jefferson County Board of Commissioners hereby ordains that the Jefferson County Emergency Zoning Ordinance, No. 1- 0106-92, be amended as set forth hereinbelow. Language deleted from the ordinance is shown with strikeouts; language added to the ordinance is indicated by italics; interim zoning maps added to the ordinance which depict the "general commercial zone" are attached and labeled - "Tri- Area Business District Commercial Zone," "Port Hadlock Community Center Commercial Zone," and the "Brinnon Flats Commercial Zone,": A new findinq number 19 shall be added, and the followinq findings shall be renumbered accordingly. The new findinq number 19 shall read as follows: "Any building, structure, or use, lawfully existing at the time of enactment of this ordinance, though not in compliance with the provisions contained hereinbelow, shall not be prohibited." Section 3, Subsection 12 shall be amended to read as follows: "Home eee~Pa~~z~ Business: 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." Paragraph 2 of Section 5, Subsection 1, shall be amended to read as follows: ,,Warehousing activities shall be considered light industrial activities for the purpose of this ordinance (see, Section 6 - ....... ~ businesses shall be Light Industrial Zone). Home .... ~ ....... considered conditional uses for the purpose of this ordinance (see, Section 8 - Conditional Uses)." A fourth and final paragraph shall be added to Section 5, Subsection 1, which reads: "Additionally, the maps attached as 'Appendix A,' ,Tri-Area Highway Business District Commercial Zone, ' and the 'Port Hadlock Community Center Commercial Zone, ' and ,Appendix B, · the 'Brinnon Flats Commercial Zone,' are hereby adopted as precisely detailed refinements of the Jefferson County Comprehensive Plan Optimum Land Use Map, designating the 'general commercial zone' for the purpose of this ordinance." The final paragraph of Section 6, Subsection 1, shall be amended to read as follows: "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 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;a4%~,Center Industrial Area=; and, that portion of the Gardiner Optimum Land Development Map showing industrial areas." Section 7, Subsection 5(a) shall be deleted, and the following subsections renumbered accordingly: A~d~t~'o -~" VOL 4 7. Section 8, Subsection 4(e) shall be amended to read as follows: e e ...... ~ --- businesses "Home - ~ Conditional Uses, hereinbelow." as defined in Section 9 - Section 9, Subsection 3(c) (1) shall be amended to read as follows: "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 businesses, and when otherwise consistent with the overall goals and objectives of the Comprehensive Plan." Section 9, Subsection 3(e) shall be deleted and replaced with the followinq: Home Occupations for /1,.% 5 waste products A_ _~A__==__~_ d~t_~.___t~l ~- ~ -~ ' normally emana~'n-~ ~ ~ ...... .. __ .. ~ %.4. .... t~ ~ff~. "Home Businesses: Home businesses and cottage industries are enterprises established for the purpose of generating income. Located in a residential structure and/or associated outbuildings, home businesses are wholly accessory and subordinate to the residential use of the property. These enterprises are categorized into two types: Home occupations, and home-based businesses. Home occupations principally operate out of the home and/or associated out-buildings and may involve service as well as manufacturing. Examples would include a repair shop or an accounting service. Home-based businesses are those that are headquartered out of the home but conduct a major portion of the operation elsewhere. Examples would include a contracting business, small logging operation, or surveying business. The permitting of home businesses is not intended to create new commercial or industrial areas, but rather to provide an opportunity to supplement an income, start up a business, or establish a work place at home. Home businesses by their nature are intended not to be disruptive to the residential use of adjacent properties. Home businesses generate less traffic and noise than typical commercial or industrial activities and are compatible in appearance, operating hours, and other factors, with the surrounding neighborhood. 6 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. To this end, structures housing the home business shall be architecturally and aesthetically compatible with the surrounding residential area. Location Standards: Home occupations may be located within any zone described herein when consistent with the standards set out hereinbelow. (2) Development Standards: Residential Use: Home businesses must be clearly subordinate to the primary residential use of the property. Enclosure: Home businesses shall be fully enclosed within the primary residential structure and/or associated out- buildings. Out-buildings used for the business, shall not exceed two thousand five hundred square feet (2,500 s.f.). The total lot coverage for the home business uses shall not exceed thirty percent (30%) of the parcel size. Only those portions of home-based businesses which remain at the homesite are subject to this standard. Typically this would include equipment storage, maintenance, and office functions. Employees: At least one (1) person engaged in the operation must reside on the premise and must be the owner or lessee of the property. The maximum number of persons employed on site shall be as specified by the applicable community plan, or ten (10) persons (including family members), whichever is less. Retail Sales: Retail sales within home businesses, other than mail order businesses, are limited to those products produced on the site or those that are incidental to the activity or service provided. Storage: There shall be no outside storage of materials, goods, supplies, or equipment, nor outside display of any kind, unless otherwise screened from public and neighborhood view. Vehicles and equipment utilized off-premise on a daily basis by home-based businesses are not subject to this standard. Divisions: Home businesses shall not be subdivided or otherwise apportioned from the residential property for the purpose of sale, lease, or rent. 7 Noise: Noise levels generated shall not be in excess of levels allowable in residential neighborhoods as per WAC 173-60 as adopted by Jefferson County Resolution No. 67- 85. Hours of Operation: Home businesses shall maintain business hours that are not disruptive to the normal use of adjacent residential properties. Typically, this would be during daylight hours, weekdays. Interim Zoninq Desiqnation: The underlying interim zoning designation shall not change as a result of the home occupied business. Signs: One (1) wall sign and one (1) free-standing sign identifying the business shall be permitted. Total signage area shall be no greater than eight square feet (8 s.f.) per sign. Signs shall be located on the premise of the home business except when approved as a standardized public sign. Signs shall not be lighted and no part thereof shall consist of banners, streamers, or similar moving devices. Parking: Parking related to the home business shall be provided on the site in such a manner that no off-premise parking will be necessary. Access: Access shall be designed in such a manner that traffic entering or leaving the site shall be traveling in a forward motion where possible and shall not create a hazard as determined by the Jefferson County Department of Public Works of Washington State Department of Transportation. Buffers: Buffers or screens will be provided when deemed necessary to reduce potential impacts to surrounding properties. Bed and Breakfast: Bed and Breakfast establishments may locate as a home business provided no more than six (6) bedrooms are used for the business. Lighting: Lighting on the site shall not adversely affect surrounding properties or adjoining rights-of-way. Fumes and Odors: Home businesses that create noxious fumes or offensive odors shall not be permitted. Day Care Centers: Day care centers may locate as home businesses provided the facility is limited to twelve (12) or fewer clients and occurs in a single family home. 10. 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." Section 13, Subsection 10(a) (3) shall be deleted: Severability: 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. Adopt i on: 27th dat..of ~-anuary, 1992. . ,.-. Adopted by the Jefferson County Board of Commissioners this JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS B. G. Bfog'n, Commissioner ATTEST: ~ern~oaL~dDelaney, Clerk of Ri6hard E. Wojt, Commissioner APPROVED AS TO FORM: Mark Huth, Jefferson County Prosecuting Attorney 3.00 90[024010 TAX 27 (LEES TAX 47,67] 3.55 o. 901024001 9010Z4083 9010E4002 TAX 5.(9 901024008 TAX 21 (W OF nrJ. ) 9010Z4003 EE SE IN 33D' W OF RD.) TAX 62 (LEE3 TAX 61) TAX 25 ENLGD GOV'7' LOT* GOV'T LOT 4 F 901024093 TAX 132 103 71 BLANCHE _~_t~O_RR I SS E~ Y 58oa. ZO.SE a. I 1 SCALE: ,-,~oo, COMMERCIAL ZONE POH! COMMUNITY COMMERCIAl. HADLOCK CENTER ZONE APPROVED and CERTIFIED lhis o~'a y of..~"~'~,~-x.~, I 9 9~ B~er " RICHARD E. WOJT, Member ATTEST, LORNA DELANEY, Clerk of the Board WI THIN : SEC.'S I, 2 & II T29N, R I W, W.M. COMMERCIAL ZONE SCALE I · · 400' 148 85 141 140 FOSTER STRE 130 FLORA STREET MARKET STREET PATI$ON STREET 92 n' ='-~ _mZ s8 i- """" /,/7 0:: % FOSTER STREET ALMA CORA MAY KEM STREET STREET STREET FRAYN ST. TRI-AREA HIGHWAY BUSINESS DISTRICT COMMERCIAL ZONI W/Z-/-///V SEC. 34, T3ON, RIW SEC.'S 3& I0, T2_SN, RIW,' APPR~(~. ED rmd_..CERTIF IE D lhisc2?~day KENNEDT ST. )PER PLAT) BELLE CHARLES STREET TWIOG AVENUE STREET STREET RICIIARD E. WOJT, Member ATTEST, OR A DELANEY, (~ Clerk of the ~oard SIMMS STREET LILLIAN SCALE: I" = 4oo' 34 ! 1 COMMERCIAL ZONE ~PPRQVED end CERTIFIED B.O. BROWN, Member ..... - ...... RICIIARD E. WOJT, Member ATTEST, LORNA DELANEY, Clerk of the Board GOV 'T LO7' GOV '1- LOt GOV'I- LOT 2 LANO BRINNON FL. ATS COMMERCIAL ZONE WITHIN SEC 35,,T26N, R2W SEC 2:,,T25N, .R2W W.M.