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Home My WebLink About04 0605 00 &-:; D~ D. k./~' P!J STATE OF WASHINGTON County of Jefferson IN THE MATTER OF amending The Interim Control Ordinance (ICO) No, 06-0828-98 With Respect to the Zoning Administrator's Authority } } } } } 0 d' N 04-0605-00 r mance 0, WHEREAS, the Jefferson County Board of Commissioners adopted a Comprehensive Plan on August 28, 1998; and WHEREAS, the Jefferson County Board of Commissioners adopted the Emergency Interim Control Ordinance (EICO) on August 28, 1998 to partially implement the Comprehensive Plan; and WHEREAS, the Jefferson County Board of Commissioners has renewed the EICO on February 7,2000 for an additional six months pursuant to RCW 36.70A.390; and WHEREAS, the Jefferson County Board of Commissioners has recently enacted an Ordinance to change the name of the Emergency Interim Control Ordinance ("EICO") to the Interim Control Ordinance or "ICO;" and WHEREAS, the Board of County Commissioners has directed the Department of Community Development (or "DCD") to enter into a contract with Earthtec [an International Ltd, Co.] to prepare a Unified Development Code (UDC) as development regulations intended to implement the adopted Comprehensive Plan; and WHEREAS, the Economic Development chapter of the adopted 1998 Comprehensive Plan provides a goal EDG 5.0 to provide regulatory incentives to encourage and facilitate economic opportunities within the County, as well as action items on page 7-18, providing guidance for future land use regulations such as Action Item #16. Action Item #16 provides that when rewriting the land use codes, County staff will work towards: . Integrating and simplifying land use regulations; . Ensuring current procedures provide efficient and effective processing, monitoring and decision making; . Developing multiple permitting process tracks to allow increased flexibility and rapid processing of development applications that conform to a prescribed set of regulations (Corresponding Goal: 5.0); and WHEREAS, Action Item #17 mandates a review [of] the County's permit review process to ensure current procedures provide efficient, timely and effective processing, monitoring and decision-making. (Corresponding Goal: 5.0); and Ordinance No. o.4~D.60.5...D.o. Page 2 WHEREAS, the Board of County Commissioners have directed that the ICO, specifically the language located under the phrase "Note" on page 46 of the ICO (see attachment "A") be reexamined and analyzed in light of the two "Action Items" listed above; and WHEREAS, the Board of County Commissioners has taken legislative notice that neither they nor any of the County staff can predict what types of uses, businesses, enterprises, for-profit entities or other commerce will come to exist or will come some day to be suitable for location and existence within this County; and WHEREAS, the Board of County Commissioners has directed the County Administrator to generate for ultimate inclusion into the ICO specific criteria for use by the Zoning Administrator can clarify omissions, ambiguities and other unique factual situations that arise with respect to or as a result of Table 13-1, entitled "Permitted and Conditional Uses." NOW, THEREFORE BE IT ORDAINED, as follows: Section 1: The Interim Control Ordinance, specifically Section 13, entitled "Use Tables", page 46, is amended by the deletion of the phrase "Note" and all sentences, bullets and language that follow the phrase "Note" on that page. Section 2: The Department of Community Development shall be authorized to charge appropriate fees pursuant to the Indexed Fee Schedule Ordinance No.12-1209-96, Ordinance No. 11-1115-99 and Ordinance No. 13-1212-99, specifically listed on said Indexed Fee Schedule as Code Interpretation - Administrative Review/Decision. Section 3: There shall be created in Interim Control Ordinance the following new sections: Section 13.10 Primacy of Use Table. Table 13-1: Table 13-1 found within the ICO, entitled "Permitted and Conditional Uses," shall be and is the primary representation and compilation of the legislative intent of the Board of County Commissioners with respect to land uses and proposed land uses within Jefferson County. However, the County acknowledges that the description of land uses found within Table 13-1 contains only examples of usual and customary land uses. The uses described and listed in Table 13-1 are merely intended to be typical and are not intended to represent all possible uses. Section 13.20 Authority of Zoning Administrator: The Zoning Administrator, upon his or her written determination that, because a proposed use is not found within Table 13-1 of the ICO or because of the unique qualities or facts underlying a particular proposed land use, Table 13-1 of the ICO does not provide or can not provide a clear or definitive answer to determine if such a proposed land use would be permitted outright or conditionally permitted in this County, shall be empowered to use the following decision criteria when determining the status of that proposed land use. The Zoning Administrator is also authorized, upon his or her receipt of a written request from a citizen for a Section 13.50 decision that includes the address or Assessor's parcel number of the location where the use would occur if approved, a reasonably detailed description of the use proposed, a description of the structure or structures (including Ordinance No. 04~.o605.,..OQ Page 3 the size of the "footprint" of such structures) such a use would require, and if applicable, the proposed hours of operation and estimated number of employees for the proposed use, to utilize this Section 13, including the criteria listed at Section 13.50, to respond to the written request from that citizen. Section 13.30 Notice to Applicant or Proponent: The Zoning Administrator shall notify the applicant or proponent in writing that he or she has determined that the facts presented require a "Section 13" decision by the Zoning Administrator in order to determine if such a proposed land use would be permitted outright or conditionally permitted in this County. Included in the letter shall be a statement that the Zoning Administrator intends to apply the rules of Section 13, a copy of the criteria the Zoning Administrator shall use (all of Section 13) to make his or her decision and a copy of the fee schedule applicable to the interpretation and the subsequent publication of any decision reached. That written notification shall also inform the applicant or proponent that he, she or it has twelve (12) business days (measured from the date of the letter) to provide proof to the Zoning Administrator that the proposed land use satisfies the criteria of this Section and to pay the appropriate fees for the interpretation and the subsequent publication of the Administrator's decision. Failure to provide this information and full payment within twelve (12) business days will lead to a denial of the Section 13.50 request. Section 13.40 Burden of Proof: The applicant or proponent of the proposed land use that is subject to a decision of the Zoning Administrator based upon the criteria listed in Section 13.50 below shall at all times have the burden of proof with respect to proving via clear and convincing evidence that the proposed land use satisfies the criteria of this Section. Section 13.50 Criteria for Zoning Administrator's Decision: The Zoning Administrator, having previously determined that Table 13-1 of the ICO does not provide or can not provide a clear or definitive answer to determine if a particular proposed land use would be permitted outright or conditionally permitted in this County, shall approve the proposed land use only if the applicant has met his her or its burden of proof with respect to demonstrating to the Zoning Administrator that the proposed land use will not: a. be unreasonably incompatible with the types of uses permitted and conditionally permitted in the specified zoning district by Table 13-1; b. create, generate, add or cause additional pedestrian or vehicular traffic that would be substantially greater than would be created by similar legally-permitted and conditionally permitted uses in the area where the proposed land use would occur; c. create noise, odor, heat, vibration, air or water pollution impacts that would be substantially greater than would be created by similar legally-permitted and conditionally permitted uses in the area where the proposed land use would occur; d. be detrimental to the public health, safety, and welfare; e. if applicable, adversely affect the historical or rural character as defined in RCW 36.70A.O30 of the surrounding area; f. be in conflict with the goals and policies of the Comprehensive Plan; ---"--' Ordinance No. . . 0'+...06 05 "DO Page 4 g. require the extension of urban services or expansion of existing urban services as urban services are defined in RCW 36.70A.O30; h. be inconsistent with all other applicable local, state and federal regulations. Applicants or proponents of a proposed land use that is being subject to a Section 13 interpretation shall not be permitted to mention or utilize in their oral or written arguments in support of obtaining a positive Section 13 decision the presence of any or all pre-existing or prior non-conforming uses, sometimes called "grandfathered" uses, that might exist within the zoning district where their proposed land use would, if permitted or conditionally permitted, be eventually located. Section 13.60 Written decision: The Zoning Administrator shall issue a written decision regarding his or her application of the Section 13.50 criteria to the proposed land use. Nothing in Section 13 shall prevent the Zoning Administrator from imposing, as part of his or her approval, reasonable conditions to mitigate the potential or expected consequences of the now-approved land use. A decision made pursuant to Section 13 that the proposed land use should be permitted outright or conditionally permitted does not relieve the applicant from ensuring that his, her or its project or proposal is in full compliance with all other County Ordinances that apply to the specific proposal brought forward. Section 13.70 Timing of Written Decision: The Zoning Administrator shall issue his or her decision not later than twenty-five (25) business days after the date of the initial letter sent to the applicant or proponent stating that the Zoning Administrator intended to apply the procedures and rules of this Section. The Zoning Administrator shall be required to mail his or her written decision via ordinary mail to the applicant or proponent at the address provided by the applicant or proponent no later than 32 business days after the date of the initial letter sent to the applicant or proponent informing the applicant or proponent that the Section 13 procedure would be used. If the Zoning Administrator needs additional information before he or she can make a decision, then he or she may send a written request to the applicant or proponent at the address provided describing the additional information needed. The Zoning Administrator is authorized to grant the proponent or applicant not more than fifteen (15) business days [measured from the date of the letter requesting more information] to provide the additional information, during which time the deadlines mentioned in this section shall be revised to reflect the addition of the additional days given the proponent or applicant to provide the additional information. Thus, if the Zoning Administrator gives the applicant or proponent 15 additional business days to provide more information, then the decision of the Zoning Administrator must be issued not later than forty (40) business days [25 + 15] after the date of the initial letter to the applicant stating the Zoning Administrator intended to apply Section 13. Failure on the part of the applicant to provide the additional information requested in the time provided shall lead to a negative decision regarding the Section 13 interpretation. Section 13.80 Mailed Notice: A copy of the Zoning Administrator's written decision made pursuant to the Section 13.50 criteria shall be mailed to 1) the proponent or applicant of the proposed land use at the address provided and 2) any person who has made written request of the Department of Community Development that they be advised in writing of all written decisions made pursuant to Section 13 ofthe ICO. -' Ordinance No. 04..;.0605...00 Page 5 Section 13.90 Published Notice: There shall be published in a newspaper of general circulation within Jefferson County, at the expense of the proponent or applicant, who shall pay the cost of such publication, not more than fourteen (14) calendar days after the date of the written Section 13 decision, a notice that contains a) the date of the written Section 13 decision, b) the name of the proponent or applicant for the proposed land use, c) the street address or parcel number of the real property suggested for the proposed land use, d) a brief summary of the Section 13 decision reached by the Zoning Administrator and e) a statement that any person who wishes to appeal the Administrator's interpretation must do so by filing his or her appeal in writing with the Jefferson County Department of Community Development not later than 14 calendar days after the date of the written decision. Section 13.100 Appeal process: Any person may appeal a decision of the Zoning Administrator made pursuant to Section 13.50 by fully complying with the provisions relating to Type A ("Administrative Decision") decisions as delineated and described in the Land Use Procedures Ordinance, also known as Ordinance No. 08-1123-98. A decision by the Zoning Administrator that the proposed land use for which a Section 13 interpretation is sought is not entitled to a Section 13 interpretation because the proposed land use is listed on Table 13-1 and is denominated there as a prohibited use shall not be appealable. Section 13.110 Simultaneous hearings: In those circumstances where a proponent of a proposed land use has received approval with conditions imposed pursuant to Section 13.50 of this Ordinance AND another person or entity has timely appealed the positive decision made pursuant to Section 13.50, then there shall be a single open record hearing to determine both the validity of the conditional approval granted pursuant to Section 13.50 and the appeal of the positive decision. If the positive decision pursuant to Section 13.50 is reversed by the Hearing Examiner, then the Hearing Examiner shall also deem "moot" any analysis of the conditional approval granted under Section 13.50. Section 13.120 Supremacy of Section 13: Upon determination by the Zoning Administrator that Section 13 is applicable to a proposed land use because of its unique qualities or underlying facts or because the use is not present in Table 13-1, then this Section of the ICO, rather than any provision of Ordinance #05-0828-98, entitled "Procedures & Criteria To Clarify Land Use Regulations Ordinance," shall apply. Section 13.130 Effect of a Zoning Administrator's Denial: Should the Zoning Administrator, based upon the criteria listed in Section 13.50, issue a denial of the proposed land use and should any subsequent appeal or judicial review of the Zoning Administrator's decision be denied or rejected, then the applicant must seek and obtain a legislative change to Table 13-1 of the ICO before the proposed land use may be implemented. Ordinance No. 04-0f)()S-nn Page 6 Section 13.140 Retroactive applicability: The procedure outlined in this Ordinance shall be available to any landowner (or the agent of that landowner if the agent has the written permission of the landowner) with regard to a land use proposal made to the County in writing before the adoption of this Ordinance despite any prior rejection, disapproval or refusal on the part of the County to approve, license or permit that earlier proposal ADOPTION Approved and adopted by the Board of County Commissioners this - ~~ay of June 2000. This action is exempt from SEP A review per WAC 197 -11-800 (20), which states that procedural actions are exempt when relating solely to governmental procedures, and containing no substantive standards respecting use or modification of the environment. This ordinance amends Ordinance No. 06-0828-98 and becomes effective upon adoption. SEAL: ",":~,,¡,,""'~'" ",' . ~ . . '\', /.'" //~~ r'f '.. I.~),... ~\'" I \, . ' '. ", r ¡,~~..,. <t \ ¡ (" , -t ,. ~ .j ! .. . , 4 . -to } \ ..... , \ ... , .. ~ . ~ . ~ '... I . ". . . '\.. ", + .' \ ~ .. , ,,",.71/ . '/' ~ '............ ' 'oJ ". , ... " .~. .', ", "~-" ..." JEFFERSON COUNTY BOA MMISSIONERS "" &/T: Lorna D Clerk 0 Al Scalf Director of Community ( Opposed) Dan Harpole, Member 5'- Z z....CO ting Attorney Attachment A, Ordinance No. 04--0605-00 SECTION 13 USE TABLES Key: C = Conditionally Permitted in the zone. ./ = Permitted Outright in the zone. L = Essential Public Facilities sited in accordance with RCW 36.70A.200 are a legislation action. Uses for the Jefferson County International Airport are described in Section 15. Note: . Crossroads are hierarchical in terms of allowed uses i.e. any use allowed in a more restrictive crossroad is allowed in a less restrictive crossroad unless otherwise noted. . The absence of a check mark in a box means the use is not allowed in that zone. Uses not listed in this table or the corresponding section as specifically permitted, outright or conditionally, in a specific zone are prohibited unless: . determined to be similar to a listed use through an administrative clarification, or . added to the table by amendment of this ordinance through a legislative process. . Uses shall be strictly interpreted. 46 August 28, 1998 amended November 9. 1998