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Home My WebLink About05 0828 98 I O(~1 to pc? 9/1/1g Ct: Q\ ) "'" ....... STATE OF WASHINGTON County of Jefferson In the Matter of Establishing Procedures and Criteria to Clarify Land Use Regulations } } } ORDINANCE NO. 05-0828-98 WHEREAS, the Jefferson County Commissioners commissioned an independent assessment of its land use permit system; and, WHEREAS, the recommendations of this assessment included the development of the following 4 documents: , A Land Use Application Procedures Ordinance; . A Code Interpretation Ordinance; . Rules of Procedure for land use hearings; , A decision format for all Jefferson County land use decisions; and, WHEREAS, a Citizen Task Force was appointed by the Board of County Commissioners to assist in the preparation of these documents; and, WHEREAS, the Citizen Task Force believes these documents provide a solid foundation for accomplishing land use reform in Jefferson County and forms the framework by which systematic revision to existing ordinances and creation of new ordinances can be achieved, and; WHEREAS, the Citizen Task Force recommended the adoption of these four documents as the basis for a concise, organized land use code; and, WHEREAS, the Board of County Commissioners has reviewed the recom- mendation of the Citizens Task Force and the 4 draft documents, and agree that they will be beneficial to the citizens of Jefferson County; and, WHEREAS, a Code Interpretation process will provide greater predictability and consistency in decision making, NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Jefferson County, Washington, as follows: Page 1 of 5 \'OL '2,.4 '~r; I.:f: r~\ 2040 .."."... """ Ordinance No. - Procedures and Criteria to Clarify land Use Regulations 05-0828-98 Section 1: Purpose The purpose of this chapter is to establish procedures and criteria to clarify land use regulations. This process shall be known as "code interpretation." Code interpretations may address conflicting or ambiguous wording, clarification of the scope and applicability of specific provisions of the land use regulations, or an interpretation of the intent of the regulation. Section 2: Applicability An Applicant may request, in writing, an interpretation of any provision of Jefferson County's land use regulations that relate to an application under review or to a proposal that has been the subject of a pre-application conference. The Director may issue a formal code interpretation pursuant to the Chapter as necessary to address conflicting or ambiguous wording, clarify the scope and applicability of specific provisions of the land use regulations, or interpret the intent of a regulation. Enactment of this ordinance shall not be construed as an abrogation of the public duty doctrine to expand the liability of the County for actions taken under this Chapter. Section 3: Timing If a request for code interpretation is made by a person other than a project proponent or property owner, the request must be filed with the Director prior to the date of expiration of any applicable administrative appeal period for the land use decision on the application to which the request relates, Section 4: Application for Code Interpretation - Submittal Requirements An Applicant requesting a code interpretation shall submit a written request to the Director specifying: B, The application under review, or the proposal that has been the subject of a pre- application conference, to which the request relates; Each provision of Jefferson County's land use regulations for which an interpretation is requested; The reason why an interpretation of each provision is necessary; Any explanation or documentation in support of an interpretation proposed by the requesting party, A. C, D. A written request for a code interpretation shall be accompanied by payment of a filing fee, the amount of which shall be established by Resolution by the Board of County Commissioners. Page 2 of 5 ~OL 24 rA()~ 2°41 ,.".... "'""' Ordinance No, Procedures and Criteria to Clarify land Use Regulations 03=0828-98 Section 5: Procedure for Processing an Application for Code Interpretation The Director shall process a request for code interpretation using the following procedure: A. B. Decision by Director Within ten (10) working days of a request for code interpretation, the Director shall issue a written interpretation of the provisions of the land use regulations specified by the requesting party. The written interpretation shall follow the criteria prescribed in this chapter. Notice Notice ofthe written interpretation shall be provided within seven (7) days of the day of its issuance by 1. Mailing to the person requesting code interpretation, project applicant, property owner, and to interested persons who have made a request in writing for any code interpretation decisions issued by the Director; and Publication in a newspaper of general circulation within Jefferson County within ten (10) working days of the date of its issuance. 2. c. Notice Contents The notice shall include 1. The date of the written interpretation; 2, Name ofperson(s) requesting code interpretation; 3. Each provision of Jefferson County's land use regulations for which an interpretation is requested; A brief description of the Director's written interpretation; and A statement that any person who wishes to appeal the interpretation must do so within ten (10) working days of the date of the interpretation, 4. 5. Section 6: Appeal of a Code Interpretation Decision An appeal of the Director's written interpretation decision shall follow the following procedure: A. Filing an Appeal Any person may file a written appeal with the Director within (10) working days ofthe date of the interpretation. If the appeal is requested by someone other than the person(s) initially requesting code interpretation, the written appeal shall be accompanied by payment of a filing fee, the amount of which shall be established by Resolution by the Board of County Commissioners, Page 3 of 5 ~Ol 2 4: rM,~ 2042 ---- ~ ~ Ordinance No. Procedures and Criteria to Clarify land Use Regulations US=O828-98 Contents of Written Appeal The written appeal must set forth: 1, Facts demonstrating how the Appellant is adversely affected by the decision; and 2, An explanation or documentation in support of an interpretation proposed by the requesting party that is contrary to the Director's interpretation, B. c. D. E.. Appellate Body Appeals shall be heard by the Hearing Examiner. Notice The Director shall provide notice of the appeal no less than ten (10) working days prior to the appeal hearing. Notice shall be provided by mail to the appellant, person(s) initially requesting code interpretation, Applicant, and property owner. Criteria/Standard of Review Parties to the appeal shall be limited to those entitled to receive notice of the appeal under subsection (D) above, Hearings shall be conducted in conformance with the Rules of Procedure for Proceedings before the Hearing Examiner. A Code Interpretation appeal hearing may be consolidated with other hearings on the land use application. The decision of the Hearing Examiner shall be made using the decision criteria prescribed in this ordinance. The interpretation of the Director shall be given substantial weight. The Hearing Examiner may affirm, reverse, or modify the Director's decision either in whole or in part, F. Effect of Hearing Examiner Decision on Appeal The decision of the Hearing Examiner shall be final with no further appeals authorized under the Jefferson County Code. Section 7: Decision Criteria In making an interpretation of the provisions of Jefferson County's land use regulations, the Director shall consider the following: A. The applicable provisions of the subject land use regulation(s) including their purpose and context; The applicable provisions of the Comprehensive Plan; The consistency of the interpretation with other local state, and federal land use regulations, if any; and The implications of the interpretation for land development within the County. B, C. D, Page 4 of 5 VOI~ 24 ¡-A(.. 2043 ""'" ......... Ordinance No, - Procedures and Criteria to Clarify land Use Regulations 05-0828-98 Section 8: Effect of Code Interpretation An interpretation of a provision of Jefferson County's land use regulations shall have the same effect as any provision of the land use regulations upon subsequent development presenting substantially similar legal and factual circumstances and conditions, Code interpretations remain in effect until rescinded in writing by the Board of County Commissioners. Section 9: Permanent Record of Code Interpretations All code interpretation decisions shall be filed with the Board of County Commissioners, the Prosecuting Attorney, and the Jefferson County Planning Commission, The Director shall maintain a notebook of all code interpretation decisions which shall be available for public reVIew, Section 10: Severability If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application to other persons or circumstances shall not be affected. Section 11: Effective Date This ordinance shall become effective 30 days after adoption, Section 12: Adoption Page 5 of 5 VOL 24 rM' 2044