Dear family, friends,
citizens and business associates:
Non-Conforming Uses
are Disfavored in Washington State...Will You Be Able to Use/Sell/Insure Your
Waterfront Property? This includes
properties next to; rivers, streams, creeks, ponds, wetlands and large mud
puddles.
In Washington,
nonconforming uses are disfavored. Rhod-A-Zalea
v. Snohomish County, 136 Wn.2d 1, 959 P.2d 1024 (1998). Therefore, it is the
landowner's burden when confronted with an enforcement action to prove a lawful
nonconforming use which existed prior to the adoption of the land use
regulation. State v.County of Pierce, 65 Wn. App. 614, 623-24, 829 P.2d 217
(1992).
February 17, 2009 - Public Comment - Mr. Joe
D'Amico - Regarding non-conforming - Watch...did the Commissioners listen to
a word I said 14 months ago?
For those that would
like to understand non-conforming in more detail read the following Jefferson
County Definitions:
Nonconforming
Use
– Jefferson County (UDC
as of 04/28/10)
Definitions:
18.10.010
|
"Alteration,
nonconforming structures" means any change or
rearrangement in the supporting members of existing
buildings, such as bearing walls, columns, beams, girders, or interior
partitions, as well as any changes in doors, windows, means of
egress or ingress or any enlargement to or diminution of a building or
structure, horizontally or vertically, or the moving of a building from
one location to another. This definition excludes normal repair and
maintenance, such as painting or roof replacement, but includes more
substantial changes. |
|
|
"Alteration,
nonconforming use" means the expansion, modification or
intensification of a use that does not conform to the land use
regulations of the UDC. |
||||
18.10.050
|
"Existing
use" means the use of a lot or structure or improvements at the time of
the enactment of the Unified Development Code (this code), unless
otherwise specified. |
|
|
Expansion,
Nonconforming Use. (See "Intensification, nonconforming
use.") |
||||
18.10.090
|
"Intensification
of nonconforming use"
means any increase or expansion in the quality or
quantity of products, goods, services,
structures or adverse impacts upon parcels within the vicinity of
the nonconforming use produced, generated, served, created or performed at
the site of the legal nonconforming use by the owner or occupant of that
legal nonconforming use. |
||||
This section is a
loose cannon...if you own a business/house in a nonconforming area, you can't
even alter, add goods or services without violating the current code. At
that point, you become a illegal non-conforming. An
illegal- non-conforming business/property owner, because you had an increase in
sales. My goodness gracious, who
made this stuff up? So under
this definition, if you started using your restroom more frequently it would be
classified as an intensification. This gives the commercial "going
more frequently" a new perspective. - Joe D'Amico
18.10.140
|
"Nonconforming"
means a use, structure, site, or lot which conformed to the applicable
codes in effect on the date of its creation but which no longer complies
because of changes in code requirements. Nonconformity is different than
and not to be confused with illegality (see "Illegal use"). Legal
nonconforming lots, structures, and uses are commonly referred to as
"grandfathered." |
|
|
"Nonconforming
lot" means a lot of record in existence prior to the effective date of the
ordinance codified in this Unified Development Code and any amendments
thereto, which does not meet the minimum lot size and other requirements
as set forth in this code. |
||||
|
"Nonconforming
structure" means a structure which does not conform to the dimensional
regulations, including but not limited to setback, height, lot coverage,
density, and building configuration regulations of the land use district
in which it is located due to changes in code requirements. (See also
"Alteration, nonconforming structures.") |
||||
|
"Nonconforming
use" means a use of a structure or of land which does not conform to the
regulations of the land use district in which the use exists due to
changes in code requirements. (See also "Alteration, nonconforming
use.") |
||||
Other
News:
·
May 11, 2010, DOE
Shoreline Master Program written comment deadline...send your comments to Mr. Jeffree Stewart, Regional Planner for
DOE
Email: jeff.stewart@ecy.wa.gov
·
Al Scalf, Director of
Community Development said it could take 30 - 45 days to review SMP comments
(video coming soon)
·
Commissioner John
Austin touring SSNW Wednesday
·
Need
ammunition? SSNW is an approved Winchester dealer info@ssnwhq.com "SSNW helping citizens
shoot more for less"
·
Interested in
learning how to do Public Records Request? Contact Jeffco101 at Jeffco101@yahoo.com
What’s going on in
Jefferson County? Watch Jeffco101 and find
out.
New
Videos Uploaded:
April
26, 2010, Jefferson County Board of County Commissioners - Public Comment (click
on link below)
Ø
Robert Knutson - Shoreline
Master Program
Ø
Jim Tracy - Public
Comment
Ø
Bill Miller - Public
Comment
Ø
Diane Johnson - Watershed
Resource Center
Ø
Joe D'Amico - Shoreline
Master Program - Cost
Ø
Craig Durgan - Shoreline
Master Program
Ø
George Yount -
Chief Sealth
Ø
Mike Belenski - Public
Comment
Ø
Larry Carter - The Good Lord -
Video of the Week!
Shoreline
Master Program Update during Monday mornings Commissioners
Briefing
Ø
April
26, 2010 - Commissioners
Briefing - Shoreline Master Program Part - 1 "WOW" - Commissioners now
would like to consider changing the word non-conforming... Watch
Commission Sullivan explain. Will that be for SSNW too or will that be
only for those wealthy shoreline owners?
Ø
April
26, 2010 - Commissioners
Briefing - Shoreline Master Program Part - 2 "That's a good comment"
Al Scalf
Upcoming
Meetings/Events:
May 1,
2010, 0900 hrs, JeffCo HomeShow, "Building, remodeling and landscaping
focused" Jefferson County Fairgrounds
May 2, 2010, 0900
hrs, JeffCo HomeShow, "Building, remodeling and landscaping
focused" Jefferson County Fairgrounds
May 3, 2010, 0900 hrs, Jefferson County Board of County Commissioners
(BOCC) Meeting;
ü 0901 -
Public Comment
(up to 30 minutes);
ü
- Commissioners Briefing (time and duration
indeterminate);
ü
- Regular
Agenda
(time and duration indeterminate);
ü
- Recess to lunch;
ü 1330 -
County Administrator Briefing (duration indeterminate).
May 28, 2010, Juan de Fuca Festival of the
Arts, Port
Angeles;
August 14, 2010, Fort Discovery Picnic, 1200 hrs, USN SAR
Helicopter, 56th US Army Band, Airlift NW, USN EOD Bangor, US Border Patrol,
SSNW ATFP Boat, Jefferson County
Fire District #5, Clallam County Fire Dist #3, Jefferson County Sheriff's
Department and Costco.
Over
13,759 Jeffco101
channel views from concerned citizens!
Listen
to citizens speak about the real issues in Jefferson County. Watch for
yourself and see what actually happens with your own eyes and
ears. Forward this email to your family and
friends.
Click
on Jeffco links below:
Respectfully,
Joe D'Amico,
Editor
Jeffco101