HomeMy WebLinkAbout09 0819 96
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STATE OF W ASlllNGTON
County of Jefferson
An Emergency Ordinance Amending
Sections 3.00 and 6.00 of Ordinance
No. 05-0214-96, an Emergency Ordinance
Establishing Interim Land Use Controls,
Pursuant to Chapter 36.70.790 and
Chapter 36.70A.390 RCW
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ORDINANCE NO. 09-0819-96
Amend Section 3.00 to ADD Section 3.10.4 that will read:
~Exemption to Density Requirement: An undivided parcel o~ land on which two or
more single family or multiple family dwellings are located, or which have two or more
approved, valid, and unexpired sewage disposal pennits issued prior to the effective date
of the emergency Moratorium Ordinance No. 19-1121-95, November 21, 1995, may
apply to the Department of community Development at the Pennit Center for an
exemption to the density requirement of this ordinance and may, upon apP!oval, apply to
subdivide the property to create separate lots for each of the structures or Issued septIc
pennits if the following conditions are met:
A.
B.
D.
E.
C.
Each of the single family or multiple family dwellings was
constructed in compliance with all applicable building codes and
County, State, and Federal law.
Each of the issued sewage disposal pennits or installed sewage
disposal systems are functioning properly as determined by the
Jefferson County Environmental Health Department and in
compliance with the applicable environmental health regulations as
reviewed and approved by the Jefferson County Environmental
Health Department.
None of the lots are large enough to allow them to be further
subdivided under zoning regulations in effect at the time of divisions
under this section.
Lots created under the authority of this section are exempt only from
the density and minimum lot size requirements as provided by this
Growth Strategy Ordinance. Such lots and all land cani.ed out on
such lots are subject to all other standards and requirements of
County, State, and Federal law.
Lots created under this exemption will not create an unbuildable lot or
lots.
The creation of lots that cannot meet the density requirements of the Growth Strategy
Ordinance for the siting of essential public facilities such as school facilities, :fire
protection district facilIties, public transportation facilities or other public facilities shall
be reviewed by the Director of Community Development on a case by case basis. The
Director shall review the application and assure that all options and alternatives are
exhausted before granting an exemption.
The burden of proof is on the applicant. The applicant shall submit in writing the nature
of the request, a site plan, copies of pennits, and a statement describing the basis for the
exemption.
Any approved exemption shall require a per-application conference and a complete
subdivision application and fees as per Jefferson County ordinances in effect at the time
of application.
An applicant may appeal the administrative decision made by the Director of Community
Development to the Jefferson County Hearing Examiner, as defined in the Jefferson
County Zoning Code, Section 20, Appeals of Administrative Determinations.
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09-0819-96
Ordinance No. - Amending Sections 3.00 and 6.00 of Ordinance No. 05-0214-96
Am 6 00 L v liar f¡ I The following measures
shall control the provision of the following publicly and privately provided facilities,
utilities and servIces:
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The subj ect property is located entircly "¡¡ithifl an existing water service af"Ca
recognized by the COtIflty.
The provision of service to the proposed development is consistent with the
policies of the water purle)'or.
The proYY1siofl of service will not require the creation of additional system
capacity.
Rural water system development shall be consistent with County land use designations
and comply with all applicable County and State regulations.
(1)
(ii)
(iii)
6.20 Sewer Systems: All proposed r.urnl developments must make provision for the OR
site disposal of sewerage and waste water and meet all applicable County, State and
Federal regulations.
APPROVED and signed this /qY/- day of (latì¡{¡) f , 1996.
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t' '. .,
ST ATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF A
RESOLUTION Repealing Emergency
Ordinance No. 09-0819-96, An
Emergency Ordinance Amending
Sections 3.00 and 6.00 of Emergency
Ordinance No. 05-0214-96
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82-96
WHEREAS, the Jefferson County Board of Commissioners adopted Emergency
Ordinance No. 05-0214-96 establishing interim land use controls on February 14, 1996,
pursuant to Chapter 36.70.790 and Chapter 36.70A.390 RCW; and,
WHEREAS, the Jefferson County Board of Commissioners, after receiving
written public comment regarding the above cited Emergency Ordinance, held public
workshops on March 19, June 4, July 23, and August 13, a public hearing on March 25,
and fourteen (14) "On The Road" public meetings between March 21 and May 23, 1996;
and,
WHEREAS, after hearing public testimony, the Jefferson County Board of
Commissioners amended Emergency Ordinance No. 05-0214-96 by adopting Emergency
Ordinance No. 09-0819-96 on August 19, 1996; and,
WHEREAS, the Emergency Ordinances cited above are interim measures prior to
Jefferson County adopting a Comprehensive Land Use Plan in accordance with the
Growth Management Act; and,
WHEREAS, the Planning Department did not have the Jefferson County
Prosecuting Attorney review and approve Emergency Ordinance No. 09-0819-96 as to
form and content; and,
WHEREAS, the Jefferson County Board of Commissioners were unaware that
the Prosecuting Attorney did not have the opportunity to review Emergency Ordinance
No. 09-0819-96 prior to adoption; and,
WHEREAS, the substance of Emergency Ordinance No. 09-0819-96 can be
handled administratively by the Director of Community Development;
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NOW, THEREFORE, BE IT RESOLVED, that Emergency Ordinance No. 09-
0819-96 be repealed by the Jefferson County Board of Commissioners and the Director of
Community Development may review and approve and/or deny land use applications and
proposals through administrative action.
APPROVED and signed on this
/ !o~ day of
~ --tMn ~ 1996.
~MCLi)O.Q~
Lorna Delaney, CMC ð
Clerk of the Board
~
.. .1M'~~
Pául McIlrath
Chief Deputy Prosecuting Attorney
APPROVED AS TO FORM ONL Y