HomeMy WebLinkAbout05 1004 21 Emergency Moratorium C ( beO
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t- STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Relating to Land Use and
Building Regulations and Declaring an
Emergency; Establishing a Moratorium on ORDINANCE NO. 05-1004-21
Acceptance and Processing of
Applications that Require Recognition of
Legal Lots of Record and Plats in
Existence Prior to September 7, 1971 for
the Purpose of Further Development;
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon
county legislative authorities the police power to adopt regulations necessary to protect the
health, safety, and well-being of its residents; and,
WHEREAS, RCW 36.32.120(7)provides that the county legislative authorities shall
make and enforce, by appropriate resolutions or ordinances, all such police and sanitary
regulations as are not in conflict with state law; and,
WHEREAS,the Growth Management Act, Chapter 36.70A RCW requires the County
to plan consistent with its provisions; and
WHEREAS,the Jefferson County Department of Community Development has on its
workplan for 2021 legal lot of record code provisions for study and adoption, which includes
the recognition of existing plats; and
WHEREAS, Jefferson County records indicate that a large number of plats came into
existence prior to August 11, 1969, the date that Chapter 58.17 RCW, entitled "Plats-
Subdivisions-Dedications," came into effect and September 7, 1971, the date that Jefferson
County's first platting ordinance, Ordinance 02-71, was approved and became effective; and
WHEREAS,the County has not developed a policy for acceptance of plats that came
into existence prior to enactment of Chapter 58.17 RCW or Ordinance 02-71("old plats"); and
WHEREAS, the County recently has received a number of requests for development of
old plats in the rural area; and
WHEREAS, old plats typically contain lots of insufficient size to fit a building
envelope, permit an on-site sewage system, protect critical areas, and provide necessary
stormwater facilities; and
WHEREAS,without adequate land use regulation, development of old plats at urban
densities within the rural area and in natural resource lands is a threat to the health, safety, and
welfare because these areas are not equipped with infrastructure to accommodate
development at urban densities or may contain critical areas that were never considered; and
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WHEREAS, development of old plats at urban densities threaten the integrity and
rural character of rural areas in Jefferson County; and
WHEREAS,development of old plats and substandard lots at urban densities threaten
the integrity and continued viabilityof natural resource lands in Jefferson County; and
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WHEREAS, development of old plats and substandard lots at urban densities in
critical areas and at shorelines threaten the environmental integrity of watersheds and
shoreline areas in Jefferson County that support shellfish and finfish of great importance to
local residents, commercial harvesters, and federally-recognized Indian Tribes; and
WHEREAS,time is needed to study the lot of record and old plat issue and potential
effects of regulation in various parts of Jefferson County; and
WHEREAS,a closely-related issue to old plats is recognition of legal lots of record; and
WHEREAS,Jefferson County needs to adopt clear standards for determining whether a
lot has been legally created and whether it is legally nonconforming; and
WHEREAS, currentlythe determination of whether a lot has been legally created is
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researched and resolved on a case-by-case basis, without clear standards to provide consistency in
decision making; and
WHEREAS, the County needs to study this issue with input from the community
concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson
County; and
WHEREAS, an emergency exists necessitating adoption of a moratorium concerning the
acceptance and processing of applications which require recognition of legal lots of record and
old plats in the rural area and natural resource lands for purposes of development;and
WHEREAS, a moratorium enacted under RCW 36.70A.390 and RCW 36.70.795
provides a method by which a county may preserve the status quo so that new plans and
regulations will not be rendered moot by intervening development; and
WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the Board of County
Commissioners to adopt and renew a moratorium, interim zoning map, interim zoning ordinance,
or interim official control without holding a public hearing, as long as a public hearing is held
within at least 60 days of its enactment; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of a moratorium ordinance is
exempt from the requirements of a threshold determination under the State Environmental Policy
Act(SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA
Rules; and
WHEREAS, a moratorium will provide the County with additional time to review and
amend its land use regulations and, if necessary, its comprehensive plan related to these issues;
and
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WHEREAS, the Board of County Commissioners concludes that an emergency
moratorium is appropriate to preserve the status quo while it considers options for regulating these
matters in the rural area, the urban growth area overlay, natural resource lands, areas containing
critical areas, and shorelines;
NOW THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY
BOARD OF COMMISSIONERS:
Section 1. Findings of Fact. The Board of County Commissioners adopts the above
"WHEREAS" recitals as findings of fact. These findings of fact support the action as required
by RCW 36.70A.390.
Section 2. Declaration of Emergency. The Board of County Commissioners hereby declares
that a moratorium ordinance must be imposed as an emergency measure to prevent development
that would result in densities incompatible with zoning, and to prevent the submission of
applications to the County in an attempt to vest rights for an indefinite period of time. The Board
of County Commissioners finds as a fact and declares that an emergency exists and that this
moratorium ordinance is necessary for the immediate preservation of public peace, health or
safety or for the support of county government and its existing public institutions.
Section 3. Moratorium Imposed. The County hereby establishes an immediate moratorium on
the acceptance, processing, review or issuance of any land use permit or approval, building
application, or other development application which requires recognition of a legal lot of record
or a plat in existence prior to September 7, 1971, including to but not limited to: an application
for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions
pursuant to JCC 18.35.040 and JCC 18.30.050. A land use application means any permit or
approval issued under JCC Title 18.
Exceptions to this moratorium include:
1. Any application for repair of an existing permitted onsite septic system;
2. Any application for repair, remodel, or expansion of an existing single or multi-family
residence;
3. Development on any lot that has already been recognized through the Department of
Community Development's lot certification process prior to the effective date of this
ordinance as a legal lot of record;
4. Any land use,building, or any development application or request for a permit that is deemed
complete prior to the date of this moratorium;
5. Any application for processing, review, or issuance of any land use permit or approval,
building application or other development application which requires recognition of a legal
lot of record or a plat in existence prior to September 7, 1971, if each lot to be developed is
approximately equal or larger in size to the existing zoning classification;
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6. Any lot consolidation through a boundary line adjustment application that proposes to
consolidate six or fewer pre-existing platted lots for the purposes of developing one single-
family residence for occupancy by the applicant,as long as all required setbacks,health and
sanitation requirements, and stormwater management requirements can be met on site;
7. Any publicly funded land use permit or building application or other development
application used primarily for housing persons experiencing homelessness or low-income
households;
8. Any application for processing, review, or issuance of any land use permit or approval,
building application or other development application for residential development within
the Irondale and Port Hadlock Urban Growth Area Overlay District.
Section 4 Duration of Moratorium. Because it has a workplan in Section 5, below, this
moratorium shall be in effect for one year, beginning on October 4, 2021, and ending on October
4, 2022, unless subsequently extended by the Board of County Commissioners pursuant to RCW
36.70A.390 and RCW 36.70.795.
Section 5. Public Hearing Required. As required by RCW 36.70A.390 and RCW 36.70.795,
within 60 days of passage of this ordinance, the Board of County Commissioners will hold a
public hearing on this moratorium.
Section 6. Work Plan. During the moratorium period,County staff will complete the following
work plan: 1) Study the issues concerning recognition of old plats and legal lots of record, as
indicated in its 2021-22 work plan; 2)prepare a draft ordinance with appropriate revisions to the
County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) perform
SEPA review of the draft ordinance; and 4) conduct a public review process for the amendments,
which includes public hearings before the County's Planning Commission and Board of County
Commissioners, if required.
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage.
Section 8. Conflict with Other Provisions of County Code. If the provisions of this moratorium
are found to be inconsistent with other provisions of the Jefferson County Code, this moratorium
shall control.
Section 9. Severability. The provisions of this ordinance are severable. If any section, sentence,
clause or phrase of this ordinance or its application to any person or circumstance is held to be
unconstitutional or unlawful by a court of competent jurisdiction, the remainder of this ordinance
or application of its provisions or other persons or circumstances shall remain valid and unaffected.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this 4th day of October, 2021.
SEAL: JEFFERSON COUNTY BOARD OF
�,-- `� , • Ca COMMISSIONERS
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Ka ean, Chair
.""""`r • Heidi Eisenh. r, Member
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Gr Brot erton, ember
ATTEST:
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Carolyn G 'laway 0
Clerk of the Board
I Approved as to form only:
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October 4, 2021
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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