20110299 Declaration Joseph Rehberger 020720121
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8 BF.FORF. THE HEARING EXA!~11NL•'R
9 CITY OF YELM
10 RE: APPEe1L OF BARBARA WOOD AND DECLARA110N OF JOSEPH A.
JiM PARK RF.I)BERGER IV SUPPORT OF MOTION
FOR SUMMARY .it?DGMENT
11 CASE NUMBER: 20110299
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13 I, JOSEPH A. REHBERGER, hereby declare and state as follows:
14 1. 1 am the attorney of record for Appellants herein. I am over the age of eighteen and
15 otherwise competent to testifi~ herein. 1 make this declaration based on my personal knowledge
16 and review of my firm's records and lile in this matter.
17 2. Attached hereto as Exhibit A is a true and correct copy of Thurston County
18 Ordinate No. 6708 (Aug. 15. 1980) and excerpted copies from Thurston Counq~ Zoning
19 Ordinance, Title 20, Thurston County Code.
2U 3. Attached hereto as Exhibit B is a true and correct copy of City of Yelm Ordinance
21 No. 466 (April 28, 1993).
22 4. Attached hereto as Exhibit C is a true and cortect copy of a letter from Gary
23 Carlson, City of Yelm, to James Park and Barbara VVo(xl dated April 5. 201 1.
24 5. Attached hereto as Exhibit D is a tnie and correct copy of email statement of John
25 Scotto dated October 9, 2011.
26 6. Attached hereto as Exhibit F. is a tme and correct copy of letter statement of Doug
27 Rozof to Gary Carlson, City of Yelm dated October 16, 2011.
DECLARATION OF JOSEPH A- RF.HRF.RCF,R G~ccnnin Lnw (your p~.~.C
PALL' I non (:oi ~ ~~nmin tir Nw. Surre 212
OLVMPU, W'A ~RSnI
O1 ~~~] f3(rf117R6. ip57
I 7. Attached hereto as Exhibit F is a true and correct copy of an email linm James Pazk
and Barbara Wood to Gary Carlson, Cih of Yehn date) October 27, 2U1 I.
3 8. Attached hereto as Exhibit Cr is a true and correct copy of the Notice of Violation
q from Grant fleck, City of Yelm, to James Pazk attd Barbara Wood dated November 17, 201 I .
5 I declare under penalty of perjury under the laws of the Siam of V1'ashingum that the
G foregoing is true :utd correct.
7 EXECU'1'L'D this fir' day of'February~2(1,1-2~at Olympia. Washington.
9 JOSEPH .A.Z}~ GER
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DF.CLARi1TION OF JOSEPH A. REIIBL-RGLR Cs~nuin V.w GHU(rvLLC
F'A(iF 2 606 Qn.usiuin s r N W, Scirc 212
OL A41PL1, WA 98501
I dM)) 78(o-50S7
EXHIBIT A
ORDINANCE N0. ~B,7Da
AM ORDINANCE repealing the "interim Zon ing Ordinance of Thurston County,"
Title 19, Thurston County Code, and the "Den si ty District 2dn ing
Ordinance for Cooper Point," Title 20, Thurston County Code, and
adopting new Zoning regulations far Thurston Lounty, to De known ns
the "Thurston town ty Zon ing Ordinance" and codif tad a5 Tf tie 20,
Thurston County Codc.
WHEREAS, Chapter 36.10 of the Rev tsed Code of Wash tngton authorizes
counties to adopt zoning ord lnances regulating the use of lend; and
WHEREAS, Du rsu ant to RCW 36.70, the Board o'' Thurston County
Commissioners of Thurston County (Board) edoD tad:
1. The Thurston County In term Zoning Ordinance, March, 19b8;
2, the Cooper Point Sub-Area Plen, O<tober, 1972;
3. The Density District Zoning Ordinance for Cooper Point,
February, 1974;
4. The Thurston County Comprehensive Plan, Ju 1y, 1915;
5. The Griffin Sub-Area Plan, Juiy, 1976;
b. The Northeast Thurston Suh-Area Plan, duly, 1977;
7. The Summit Lake SuD-Area Plan. October, 1971;
A. Tne Rochester Sub-Area Plan, February, 1978;
9. The Lacey Environs/East Olympia Sub-Area Plan, March, 1978.
NHEREAS. the Hoard finds that conditions in Thurston County have
changed sign 1f 1cantly since the adoptldn of the Interim Zoning Ordinance and
the Densl ty District Znn ing Ordinance for Cooper Point, and that such Changes
include changes in economic. environmental end energy conditions related to
land use, as well es the adoption of numerous land use plans; and
WHEREAS, the Board finds Chat the health, Safety end welfare Of the
general public will be promoted by the adoption of this single, comprehensive
zoning ord to ante for the entire county, wh tch the Board finds implements the
general poi ides of the Compr ehenslve Plan and sub-area plans; and
WHEREAS. the Board finds chat areas of Thu rs con County not wbject to
an adop teA sub-area plan should not be precisely zoned by map until plans are
completed for those areas, but that such areas must be subject to broad, pro-
tective controls as required by RCM 36.70.780, and that the provisions con-
tained herein are deemed appropr In to end necessary for Choi purpose; and
WHEREAS. the 9oard finds that this Thurston County Zoning Ordlrante
has been subject to detailed and extensive review by the publ tc, Diann ing
Commtss ion and Board in at least nine pu bl lc hearings and numerous publ lc
meetings since the ordinance was proposed in May of 1918; and
WHEREAS, all factors presan tad at Aoa rd hea rf ngs were considered by
the Aoa rd and that controlling factors are changes 1n economic, environmental
and energy condition s, expressions of c/tizen policy preference, and Me need
to adopt a single, comprehensive zoning ordinance impl eventing the general
policies of Thurston County's land use plans;
7hurst~n ~ounnj
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NON, TNEREFORE, BE IT ORDAINED BY TXE BOARD OF COUNTY COMMISSIONERS
OF TXURSTON COUNTY, as follows:
Section 1. The "Interim Zoning Ordinance of Thurston County,"
Title i9, rs ton County Code, adopted as Ordinance No. 3744 and as thereafter
amended, 1s hereby repealed.
Section 2. The "Density District Zoning Ordinance for Cooper Point,"
Title 20, u~i;on County Code, adapted as Ordinance No. 4666 and as thereafter
amended, Is hereby repealed.
Section 3. There is hereby added to the Thurston County Code anew
title to be- nfe own as the "Thurston County Zoning Ordinance," Title 20, Thurston
Lounty Code, a wDY of which Is attached hereto end lncorporoted by reference
here ln.
Section 4. (1) Nothing in this Ordinance shall be deaaed to require
any change n- tie plans, construction or desi gnetM uze o9 any building for
which a building permit was applied for an the effective date of this Ordinance,
provided the permit applied for mould lawfully issue at the Lime of application.
(2) Nothing in this Ordinance shell be deemed to require any change
in any Dlat, site plan, permit or other approval for which a pu611c hearing is
regal red, to clad log a hearing required ally by virtue of the State Environmental
Policy Act, if the notice for the first bee ring has bem given prior to the
effective date of this Ordinance, prov tded that building permits shall have
been applied for wl th In flue years from the date of recordation of the final
plat for rigu lar wbd lvtsion s, and with In two years iron the date of approval
of site plans and the granting of approval for other permi is and approvals.
(3) Xoth ing in this Ordinance shell be deemed to require a change 1n
e short plat, non platted street wbd lviston or boundary line ad,lusUnent if a
complete eppllcation has been submitted to the appropriate Lounty deparLnent
prior to the effective date of this Ordinance.
Sectfan 5. If any Drovisi on of this Ordinance or its apptlce Lion to
any person o~ circumstance is held invalid, the remetnder of the Ordinance or
the application of the Drovlzton to other persons or circumstances is not
affected.
Secttan 6. This Ord inence is in the best interests of good goverrneent
and shall a'E"4s~~ett S'e~p~te~mb~e~r 1, 1980.
ADOPTED: (,LU,q,li,¢L IS I9S~ .
ATTEST: ~~ BOARD OF COUNTY COMA SSIONERS
~~/J~UJ Thu~rC~{s^t!o'n County, Nashington
oi; unty or a i o e moan ~ r
Clerk of the Board
APPROVED AS TO FORM: / ~ ~ ~~~~
PATR IGK D. $UTXERIAND mss der
PROSECUTING iATTORNEY
rt a n a ss doer
Deputy Prosecuting Attorney
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CHAPTER 20.03
ORDINANCE STRUCTURE, INTERPRETATIONS AN- DEFINITIONS
Sections:
20.03.010
20.03.020
20.03.025
20.03.030
20.03.040
Struc*_ur? ar Ord inanre
Organization ur ~roinance Pumbering
Appeals from an Administrative Decisior
Interpretations
Definitions
20.03.010 Structure of Ordinance. This Ordinance consists of several chapters
generally pertaining to:
1. -efinitions and interpretations of these regulations.
2. Density district requirements (districts are defined on the map referenced
in 20.06.010).
3. Standards for land development and protection of natural resources.
4. Provisions for uses allowed only under specific permit including conditional
uses, limited uses, variances and rezones.
5. Administration.
Any specific development may be subject to several chapters of the Ordinance.
20.03.020 Organization of Ordinance Numbering. The Ordinance is divided into
numbered chapters, sections, paragraphs and subparagraphs as follows:
Title Cha ter Section Paragraph Subparagraph
Ex. 20. 03. 900. 1. a.
20.03.025 A ealS from an Administrative Decision. Appeals may be taken to
the earings Examiner by any person aggrieved or by any officer, departmen*.,
board or commission of the County affected by any order, requirement, permit,
decision or determination made by an administrative official in the administra-
tion or enforcement of this title or any amendment thereto. Appeals shall be
filed in writing with the Planning Department within ten (10) days of the date
of the decision being appealed. Appeals shall be considered im the manner
prescribed by Chapter 2.06 Thurston County Code.
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20.03.030 Inter ret~atTO~ns. For the purpose of this Ordinance, certain words
and terms are to be interpreted as follows:
1. Words used in the present tense can include the future; wards used in the
masculine gender can include the feminine and neuter; words in the singular
number can include the plural; and words in the plural can include they
singular, unless the obvious construction of the wording indicates other-
wise.
2. The inclusion of "shall" in a regulation indicates the requirement is
mandatory.
3. Unless otherwise specified, all distances shall be measured horizontally
and at right angles to the line from which the distance is specified.
4. Unless otherwise specified, the term "day" shall mean calendar day:
5. The word "building" includes the ward structure and the word "structure"
incudes the word building; the word "lot" includes the word plot; the word
"used" shall be deemed also to include designed, intended, or arranged to
be used; the term "erected" shall be deemed also to include constructed,
reconstructed, altered, placed, or relocated.
6. The terms "land use" and "use of land" shall be deemed also to include
building use and use of building.
7. The word "adjacent" means nearby and not necessarily contiguous; the word
"contiguous" means sharing a common boundary of sufficient width to main-
tain vehicular access.
8. The word "State" means the State of Washington. The word "County" means
the County of Thurston, State of Washington, and the term "County boundary"
means any exterior boundary of the County or any boundary of unincorporated
territory within the County.
9. The terms "Board of Thurston County Commissioners," "Planning Commission,"
"Hearings Examiner," "Planning Director," "Health Officer," "Building
Officer," "Building Inspector" and other similar offices shall mean the
respective`Boards, Commissions, and Officers of Thurston County and/or
their authorized agents. The use of the term "Board" shall always mean
the Board of Thurston County Commissioners; the use of the abbreviation
"Examiner," shall always mean the Hearings Examiner; the use of the term
"Director" shall always mean the Director of the Thurston County Planning
Department; and the use of the term "Commission" shall always mean the
Thurston County Planning Commission.
10. The term "R District" means any residential district; the term "C District"
means any commercial district; the term "I District" means any industrial
district; and the term "PRD" means any planned residential development.
11. The term "The Ordinance" means "The Zoning Ordinance of Thurston County."
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20.03.040 Definitions. The following definitions shall he used in the inter-
pre at~on an a minis ration of this Ordinance. The definition of various
terns as presented herein do not necessarily represent the same definitions as
may be found for the same terms in other Chapters of Lhe Thurston County Code.
1. ACCESSORY USE: Accessory uses as permitted by this Ordinance are set
forth in Chapter 20.34. An accessory use is a use or building wnich is
clearly subordinate to and customarily found in association with a
principal use.
2. ACADEMIC SCHOOLS: See schools, academic.
3. AGRICULTURE: The use of a tract of land for (a) the tilling of the soil;
(b) the raising, harvesting and processing of crops or plant rowth of any
kind, including forestry; (c) pasturage; (d) horticulture; (e~ dairying;
(f) raising of poultry and livestock; (g) shellfish or fish fanning; or
(h) raising, harvesting and processing of clams and oysters.
The term agriculture shall not incude the operation or maintenance of a
commercial stockyard or feed yard.
4. ARTERIAL: A street which is used primarily far through traffic, or which
by its location will likely be needed for such use in the normal growth of
the community, as defined by the adopted arterial street map.
5. AUTOMOBILE GRAVEYARD: Any lot or place which is exposed to the weather
and upon which more than five (5) motor vehicles of any kind incapable of
being operated and not currently licensed are placed, located or found.
6. AUTOMOTIVE AND MECHANICAL SALES AND SERVICES: such uses as sales lots and
buildings for new and used cars; farm implements; trailers and mobile
homes; motor vehicle repair garages; and other similar use.
~. AUTOMOBILE SERVICE STATION: See SERVICE STATION.
8. BILLBOARD: A sign which directs attention to a business, commodity,
service or entertainment not necessarily sold uoon the premises where such
sign is located or to which it is affixed. Temporary Signs not exceeding
six (6) square feet shall not be construed to be billboards.
9. BOARDINGHOUSE: A building, other than a hotel, where meals and lodging
are provided for compensation to nontransient persons.
10. BUILDING: Any structure used or intended for supporting or sheltering any
use or occupancy.
I1. BUILDING FRONT: That one (1) face or wall of a building which is to
contain the main entrance(s).
12. BUILDING GROUP: A group of two (2} or more main buildings and any uses
accessory thereto, occupying a lot in one ownership and having any yard in
common.
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13. BUILDING HEIGHT: See HEIGHT, BUILDING.
14. BUILDING, PRINCIPAL: A building in which is conducted the primary use of
the lot on which it is situated.
15. CAMP OR RECREATION GROUND: See TRAVEL TRAILER PARK.
16. CAMPING TRAILER: A vehicular portable structure mounted on wheels con-
structed with collapsible, partial side walls of fabric, plastic or other
pliable materials for folding compactly while being transported.
17. CAR WASH: A structure, or portion thereof, containing facilities for
washing motor vehicles, using production-line, automated or semi-automated
methods for washing, whether or not employing a chain ronveyor, blower,
steam-cleaning or similar mechanical devices.
18. CARPORT: Any space outside a building and contiguous or adjacent thereto,
wholly or partly covered by a roof, and used primarily for the shelter of
parked motor vehicles.
19. CENTERLINE: Aline lying midway between the side lines of a street right-
of-way.
20. CLUSTER SUBDIVISION: A subdivision design with smaller tots than those
allowed in conventional subdivisions to be clustered on a portion of a
parcel, thereby providing open space areas exceeding the minimum required
by the district regulations for conventional subdivisions (see Appendix
Figure 2}.
21. COLLECTOR STREET: A street other an ARTERIAL which is used primarily for
carrying street traffic to one or more arterials, and which is identified
on the adopted arterial street map.
22. COMMERCIAL RECREATION: Any use of land for commercial recreation purposes,
including, but not limited to, such uses as bowling alleys, billiard
parlors, theaters, golf driving ranges and marinas.
23. COMMERCIAL USES: Includes the providing of goods, merchandise or services
for compensation, including, but not limited to, retail shopping, commercial
recreation, business and professional offices, highway-oriented businesses,
automotive and mechanical sales and services including outdoor storage
when desirable for reasons of health, fire or safety codes, when normal
and standard practice of the enterprise, and incidental to shipping,
delivery and loading.
24. COMMUNITY CLUB OR FRATERNAL ORGANIZATION: A building 1n which members of
a Community or association may gather for social, educational or cultural
activities.
25. COMPREHENSIVE PLAN: The official document or elements thereof, adopted by
the Board pursuant to RCW 36.70, including adopted sub-area plans, and
intended to guide the physical develoment of the County or a portion
thereof.
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26. CONDITIONAL USE: Any reference to conditional use shall mean special
use. (Ordinance No. 8216, 11/4/85)
27. CONGREGATE CARE: A facility which provides its residents shelter,
food, nonpersonal laundry and household maintenance, encouragement
and assistance in taking responsibfllty for themselves, guidance as
necessary in activities of daily living, and social and recreational
activities and opportunities. A congregate care facility does not provide
medical, nursing or social casework services.
28. CONSTRUCTION MATERIALS YARD: Any area used on a temporary
basis for the storage or processing of materials and supplies used in the
actual construction of a project fora limited period of time.
29. CONVENIENCE CENTER; A small commercial shopping area, designed as
a homogeneous component of a neighborhood, allowed as a special use
under the provisions of Chapter 20.54. (Ordinance No. 8216, 11/4!85)
30. CORNER LOT: See LOT TYPES and VISION CLEARANCE AREA.
31. CORRECTIONAL FACILITY: (1) A state-or local government-operated
facility which provides for physical restriction of residents. (2) A
facility to which persons are sentenced for a specific period of time by
the court.
32. DANGEROUS WASTE: Any discarded, useless, unwanted or abandoned
substances, including but not limited to certain pesticides, or any
residues or containers of such substances which are disposed of in such
quantity or concentration as to pose a substantial present or potential
hazard to human health, wildlife, or the environment because such
wastes or constituents or combinations of such wastes:
a. Have short-Ilved, toxic properties that may cause death, injury, or
illness or have mutagenic, teratogenic, or carcinogenic properties;
or
b. Are corrosive, explosive, flammable, or may generate pressure
through decomposition or other means. (Ordinance No. 8970,
7/25188)
33. DAY-CARE CENTER: An agency which regularly provides care for a
group of children for periods of less than twenty-four (24) hours.
34. DENSITY: The average number of units per acre, calculated on the
gross area of the lot.
35. DENSITY DISTRICT: Synonymous with zone and means an-area of the
County which Is characterized by economic, geographic or geological
conditions which justify the determination of a maximum density for
residential land use and the application of special land use regulations;
and which is delineated on the zone map or maps.
D3 - 5
36. DRIVEWAY: That space or area of a lot that is primarily Intended for
the movement of motor vehicles within the lot or from the lot to a public ;.
street.
37. DWELLING: A building or portion thereof, designed or used for
residential occupancy. The term dwelling shall not be construed to mean
a motel, rooming house, hospital, or other accommodation used for more
or less transient occupancy.
38. DWELLING, MOBILE HOME: A single-family residential unit generally
constructed of metal with all of the following characteristics:
(a) designed for long-term occupancy, and containing sleeping
accommodations, a flush toilet, a tub or shower bath and kitchen
facilities with plumbing and electrical connections provided for attachment
to outside systems; (b) designed to be transported after fabrication on
its own wheels or on a flat bed or other trailer or detachable wheels;
(c) designed for arriving at the site where it is to be occupied as a
dwelling complete, conventionally designed to include major appliances
and ready for occupancy except for minor and Incidental unpacking and
assembly operations, location on concrete streamer or block foundation
supports, connection tv utilities, and the like; and (d) designed for
removal to an installation or erection on other sites. (See also MOBILE
HOME PARK.)
A mobile home may include two (2) or more sections, separately towable,
which when joined together shall have the characteristics as described
above. For the purpose of this Ordinance, a mobile home shall be
deemed to be a DWELLING, SINGLE-FAMILY.
39. DWELLING, MODULAR UNIT: A factory-fabricated transportable building
normally made of wood designed to be used by Itself or to be
incorporated with similar units at a building site into a modular structure
that will be a finished building in a fixed location on a permanent
foundation. For the purpose of this Ordinance, a modular shall be
deemed to be a SINGLE-FAMILY DWELLING and shall not be deemed a
MOBILE HOME.
40. DWELLING, MULTIPLE FAMILY: A residential building containing two
(2) or more separate dwelling units located on a single lot or parcel of
ground. For the purpose of this Ordinance, a multiple family dwelling
shall not be construed to mean a SINGLE-FAMILY ATTACHED DWELLING
as defined herein.
41. DWELLING, SINGLE-FAMILY: A residential building containing only one
(t) DWELLING UNIT entirely surrounded by open space or yards on the
same lot. Unless otherwise specified, single-family dwelling refers to
single-family detached.
42. DWELLING, SINGLE-FAMILY ATTACHED: A group of two (2) or more
single-family dwelling units which are joined to one another by a common
party wall, a common floor-ceiling and/or connecting permanent
structures such as breezeways, carports, garages or screening fences or
walls, whether or not such a group is located on a single parcel of '.
03-6
ground or on adjoining individual lots. Each unit shall have its own
outside entrance(s). For the purpose of this Ordinance, dwellings such
as a semi-detached, garden court dwelling, patio house and town house
shall be deemed asingle-family attached dwelling.
43. DWELLING UNIT: One (1) or more rooms in a residential building or
residential portion of a building which are arranged, designed, used or
intended for use as a complete, independent living facility for one (1)
family, and which includes permanent provision for living, sleeping,
eating, cooking and sanitation.
44. EASEMENT: A grant by a property owner of the use of his land by
another party for a specific purpose.
45. ENERGY TRANSMITTING AND GENERATION: See MAJOR ENERGY
TRANSMISSION AND GENERATING FACILITIES.
46. EXTREMELY HAZARDOUS IYASTE: Any dangerous waste which:
a. Will persist In a hazardous form for several years or more at a
disposal site and which in its persistent form
1. presents a significant environmental hazard and may be
concentrated by living organisms through a food chain or may
affect the genetic make-up of man or wildlife, and
2. is highly toxic to man or wildlife.
b. If disposed of at a disposal site in such quantities as would present
an extreme hazard to man or the environment. (Ordinance No.
8970, 7(25/88)
47. FEED LOT: Any commercial establishment or facility commonly used for
the express purpose of feeding cattle or other livestock for immediate
slaughter.
48. FLOOD PLAIN: Area that would be inundated by a flood of such
magnitude that it would occur theoretically at least once in 100 years.
49. FLOODWAY: The channel of a river or stream and those portions of the
floodplain adjoining the channel which are reasonably required to
efficiently carry and discharge the flood water or flood flow of any
stream. It is any place where the water is moving with velocity and a
definite current, but does not include areas where the water is just
standing. It is generally assumed that, if the flood waters were
confined to the floodway, the flood stage would not increase more than a
foot.
50. FLOOR AREA, GROSS: The sum of the total horizontal area of each
floor of all buildings on a lot, measured from the exterior faces of
exterior walls. The term gross floor area shall include basements;
elevator shafts and stairwells at each story; floor space used for
mechanical equipment with structural headroom of six [6) feet, six (6)
03-7
inches or more; penthouses; attic space, whether or not a floor has
actually been laid, provid(ng structural headroom of six [6) feet, six (6) 1
inches or more; interior balconies; and mezzanines.
Parking structures and roof top mechanical structures are excluded from
gross floor area.
51. FLOOR AREA RAT10: Determined by dividing the gross floor area of all
buildings on a lot by the area of that lot.
52. FOSTER FAMILY HOME: A dwelling unit in which foster care is
provided for ch(Idren or adults as part of the family and the dwelling
unit is governed by the State foster care home licensing provisions and
conducted in accordance with State Requirements.
53. FRATERNAL ORGANIZATION: See COMMUNITY CLUB.
54. FUNERAL CHAPEL: A building used primarily for human funeral
services, provided that said building shall not contain facilities for
(a) embalming; (b) performance of autopsies or other similar surgical
procedures; (c) cremation; or (d) storage of funeral caskets and funeral
urns, except those on display on the premises, and (e) that funeral
vehicles shall not be stored on the premises except in a garage or other
accessory building with no direct public street frontage, and (f) that
the garage or other accessory building shall not be used for other
purposes.
55. FUNERAL HOME: A building or part thereof used for human funeral
services. Such building may contain space and facilities for
(a) embalming and the performance of other services used in the
preparation of the dead for burial; (b) the performance of autopsies and
other surgical procedures; (c) the storage of caskets, funeral urns and
other related funeral supplies; and (d) the storage of funeral vehicles,
and (e) facilities for cremation. For the purpose of this Ordinance,
where a funeral home is permitted, a FUNERAL CHAPEL shall also be
permitted.
56. GARAGE: An accessory building or part of a principal buiid(ng used
primarily for the storage of passenger vehicles.
57. GASOLINE DISPENSING STATION: Building and premises for dispensing
motor vehicle fuels, oil, grease and related supplies, and which may
provide automobile servicing and repair.
58. GROSS ACREAGE OR GROSS AREA: All land, excluding tidelands,
within the exterior boundaries of the development, including but not
limited to Land allocated for open space and land to be dedicated for
streets or roads.
59. GROSS FLOOR AREA: See FLOOR AREA, GROSS.
60. GROSS LEASABLE AREA: Is the total floor area designed for tenant
occupancy and exclusive use, including basements, mezzanines and upper
floors, if any; expressed in square feet and measured from the
centerline of joint partitions and from ouiside wall faces.
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61. GROUP A: Uses which because of their nature and minimal impact, are
permitted after staff review through the issuance of a building permit
and/or the meeting of any other app!(cable standards or legal
requirement.
62. GROUP B: Permitted uses which, due to their more substantial nature
and potential impacts, require site plan review with public hearing
before the Hearings Examiner. Group B use proposals are evaluated
against a specific set of standards and policies in adopted plans and
ordinances. If it is determined that the standards and policies are
satisfactorily met, such proposals shall be granted approval.
63. HAZARDOUS WASTE: All dangerous and extremely hazardous waste,
including substances composed of radioactive and hazardous components.
[Ordinance No. 8970, 7/25!881
64. HEAVY EQUIPMENT STORAGE YARD: The use of any space, whether
inside or outside a building, for the storage or keeping of construction
equipment, machinery or vehicles or parts thereof.
65. HEIGHT, BUILDING: The vertical distance to the highest point of the
roof for flat roofs; to the deck line of mansard roofs; and to the
average height between eaves and the ridge for gable, hip and gambrel
roofs measured from the curb level If the building is not more than ten
(l0) feet distant from the front lot line, or from the grade in all other
cases. (See Appendix Figure 9 and 10.)
66. HIGHWAY-ORIENTED BUSINESS: A use which is dependent upon both a
large flow of traffic and convenient access. It includes such uses as
motels, restaurants, automobile service stations and produce stands.
67. HOSPITAL: Any institution, place, building or agency which provides
accommodations, facilities and services over a continuous period of
twenty-Four (24) hours or more for observation, diagnosis or care of two
(2) or more individuals not related to the operator who are suffering
from Illness, injury, deformity or abnormality, or from any other
condition for wlllch obstetrical, medical or surgical services would be
appropriate for care or diagnosis. It does not include hotels or similar
places furnishing only food and lodging, or simply domiciliary care; nor
does it include clinics or physicians' offices where patients are not
regularly kept as bed patients for twenty-four (24) hours or more; nor
does it include nursing homes, maternity homes, psychiatric hospitals
nor any other hospital or institution specifically intended for use in the
diagnosis and care of [hose suffering from mental illness, mental
retardation, convulsive disorders or other abnormal mental condition.
66. HOME OCCUPATION: Any activity undertaken for gain oc profit and
conducted in a dwelling, or building accessory to a dwelling, by a
member or members of the family residing in the dwelling. This includes
home office activity for service occupations where the service is
performed away from the home office. (Ordinance No. 6216, 11/4/85)
03 -9
69. JUNK: Old iron, steel, brass, copper, tin, lead or other base metals;
old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or
other glass: bones; waste paper, plastic and other waste or discarded
material which might be prepared to be used again in some form; any or
all of the foregoing; and motor vehicles, no longer used as such, to be
used for scrap metal or stripping of parts; but "junk" shall not include
materials or objects accumulated by a person as by-products, waste or
scraps from the operation of his own business or materials or objects
held and used by a manufacturer as an integral part of his own
manufacturing processes.
70. JUNK VEHICLE: Any motor vehicle, trailer, or semitrailer which is
Inoperable and which, by virtue of its condltlon, cannot be economically
restored to operable condltlon, provided that such vehicle, trailer or
semitrailer shall be presumed to be a junk vehicle if no license plates are
displayed or if the license plates displayed have been invalid for more
than sixty (60) days.
71. JUNK YARD: A yard, lot or place, covered or uncovered, outdoors or
in an enclosed building, containing junk as defined above, upon which
occurs one or more acts of buying, keeping, dismantling, processing,
selling or offering for sale any such junk, in whole units or by parts,
fora business or commercial purpose, whether or not the proceeds from
such act or acts are to be used for charity.
72. KENNEL: Any place where more than three (3) dogs and their young
up to six (6) months old are kept for any commercial or personal
purpose. A kennel shall not be Interpreted to include a pet shop or
grooming shop. (Ordinance No. 8116, 11/4/85)
73. LIMITED USE: Any reference to limited use shall mean special use.
(Ordinance No. 8216, 11/4/85)
74. LOADING SPACE: An area required In addition to regular yard and
park(ng requirements, for the loading and unloading of trucks and other
vehicles.
75. LOT, CORNER: See LOT TYPES.
76. LOT COVERAGE: That portion of a lot which, when viewed directly
from above, would be covered by a building, or any part of a building,
except any area covered by a structure where fifty (50) percent or more
of the perimeter of such structure is open from grade. (See Appendix
Figure 4.)
77. LOT FRONTAGE: That portion of a lot nearest the street. For the
purpose of determining yard requirements, all sides of a lot adjacent to
a street shall be considered frontage and yards shall be provided as
Indicated under yards In this Ordinance. (See Appendix Figure 11,)
78. LOT LINE, FRONT: A property line contiguous with the street line.
On a corner lot, the front lot line shall be the lot line providing
principal access from the adjacent street; however, all sides of a lot
adjacent to a street shall meet front yard requirements.
03-10
79. LOT LINE, REAR: A lo: Ilne which is opposite and most distant from
the front lot line. In the case of a triangular, or gore-shaped lot, it
means a line ten (10) feet in length within the lot parallel to and at the
maximum distance from the front lot line. (See Appendix Figure 5.)
80. LOT LINE, SIDE: A property line which is not a front or rear lot line.
(See Appendix Figure 5 and 6.)
8i. LUT MEASUREMENTS:
a. Depth of a lot shall be considered to be the horizontal length of a
straight line drawn from tho midpoint of the front property line of
the lot to the midpoint of the rear property line. (See Appendix
Figure 5.)
b. Width of lot shall be the horizontal distance between the side lot
lines measured at right angles to the tot depth at a point midway
between the front and rear property line. (See Appendix Figure
7.)
82. LOT OF RECORD: A lot shown as a part of a recorded subdivision, or
any parcel of land described by metes and bounds in a recorded deed,
record of survey or other appropriate document recorded in the office of
the County Auditor.
63. LOT TYPES:
a. Corner Lot. A lot having two or more adjacent front lot lines in
w i~iTc -the interior angle formed by the extensions of the front lot
lines in the direction which they take at their intersections with the
side lot lines forms an angle of 135 degrees or less. In the event a
street front lot line is a curve at its point of intersection with a
side lot line, the tangent to the curve at that point shall be
considered the direction of the front lot Ilne. (See Appendix
Figures 5, 6 and 11.) (Also see VISION CLEARANCE AREA.)
b. F~la~Lot. A lot, approved In accordance with the provisions of
~aC) pter 20.07 which does not abut a public street other than by Its
driveway which affords access to the lot.
c. (nterlor Lot. A lot other than a corner lot with frontage on only
one street. (See Appendix Figure 7.)
d. Through Lot. A lot other than a corner lot with frontage on more
t an-fie street. Through lots with frontage on two streets may be
referred to as "double-frontage" lots. (See Appendix Figure 7.)
84. MAJOR ENERGY TRANSMISSION AND GENERATING FACILITIES:
Facilities for transmission and generation of electricity, petroleum or
petroleum products or synthetic gas, exclusive of facilities generally
used for providing direct service to residential and commercial
customers, such as power substations and transmission lines serving
residential areas.
03 - 11
85. MOBILE HOME, DWELLING: (See DWELLING, MOBILE HOME.)
86. MOBILE HOME PARK: A lot that is occupied or designed for occupancy
by two (2) or more mobile homes in accordance with Chapter 10.31
(Mobile Nome Park Standards and Regulations. )
87. NEIGHBORHOODiCOMMUNITY SHOPPING AREA: A small retail shopping
area dealing in convenience goods such as food and drugs or personal
services. The area serves the everyday personal needs of a
neighborhood population, has considerable walk-In trade, generates little
traffic from outside the neighborhood, and Is integrated within a
residential development. It is very compatible with the residential
development within which it is integrated and with residential uses
surrounding the development. (Ordinance No. 8116, 11/4/85)
B8. NONCONFORMING STRUCTURE OR USE: A use or structure, lawfully
existing on the effective date of this Ordinance which does not conform
to a provision of this Ordinance.
89. NURSERIES OR GREENHOUSES, RETAIL: Establishments conducting
retail sales of plants and related Items.
90. NURSING HOME: Any dwelling place or Institution which operates or
maintains facilities providing convalescent or chronic care, or both, for a
period in excess of twenty-four {24) consecutive hours for three (3) or
more patients not related by blood or marriage to the operator, who by
reason of Illness or infirmity are unable to care for themselves.
91. OFF-SITE: Any area outside the boundary of a lot.
92. OFF-SITE TREATMENT AND STORAGE FACILITY: A facility that
treats or stores hazardous wastes generated on properties other than the
property on which the off-site facility is located. (This definition is
derived from the 1987 edition of "Zoning Guidelines for Hazardous Waste
Treatment and Storage Facilities" by the Department of Ecology. )
(Ordinance No. 8970, 7/25/88)
43. OFF-STREET PARKING: See PARKING, OFF-STREET.
94. OFFICE, BUSINESS OR PROFESSIONAL: Any room, studio, suite or
building used primarily for the conduct of a business such as
accounting, correspondence, research, editing, administration or
analysis; or the conduct of a business by salesmen, sales representatives
or manufacturer's representatives.
95. ON-SITE: That area which Is within the boundary of a lot.
96. ON-SITE TREATMENT AND STORAGE FACILITY: A facility that treats
or stores hazardous wastes or special incinerator ash generated on the
same property. (This definition is derived from the 1987 edition of
"Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities"
by the Department of Ecology.) (Ordinance No. 8970, 7/25/88)
03 - 12
97. OPEN SPACE: Land having value for the following: (1j parks and
recreation purposes; (2) conservation of land and other natural resource
purposes; and (3) scenic and historical purposes,
98. OWNER: The owner of record, as determined by the records of the
County Auditor, provided that the owner under a real estate contract is
purchaser-vendee and the owner of mortgaged property is the
mortgagor.
99. PARKING LOT: An area, not within a building or other structure,
where motor vehicles may he stored for the purpose of temporary, daily
or overnight off-street parking. For the purpose of this Ordinance, a
parking lot shall include a motor vehicle display lot, and a commercial
parking lot.
100. PARKING, OFF-STREET: Any space, whether or not required by the
provisions of this Ordinance, specifically allotted to the parking of motor
vehicles as an accessory use. For the purpose of this Ordinance, such
space shall not be located in a dedicated right-of-way, a travel lane, a
service drive, nor any easement for public ingress or egress so as to
block access.
101. PARKING SPACE: A designated off-street area, which is available and
usable for the parking of one (1) motor vehicle.
102. PERSON: Every natural person, firm, partnership, association, social or
fraternal organization, corporation, estate, trust, receiver, syndicate,
branch of government or any other group or combination acting as a
unit.
t03. PLANNED RESIDENTIAL DEVELOPMENT: A unified development in which
the subdivision and/or zoning regulations apply to the project as a whole
rather than to its indiv)dual lots, in order to gain a more advantageous
use of the land.
104. PRIMARY USE: Those permitted by right in a given district and not
uses otherwise allowed by conditional use permit, limited use permit or
special use permit.
105. PRINCIPAL BUILDING: A building in which the primary use of the lot
on which the building is located is conducted.
106. PRINCIPAL USE: The main use of land or structures as distinguished
from a secondary or accessory use.
107. PUBLIC FACILITIES: Buildings or uses of land whether owned or
leased, operated by a public agency for such purposes as providing
places for public assembly and recreation, operating services of benefit
to the public, or for the administration of public affairs.
108. PUBLIC USE: Any area, building or structure held, used, or controlled
exclusively for public purposes by any department or branch of any
03 - 13
government, without reference to the ownership of the building or
structure or of the land upon which it is situated.
109. PUBLIC UTILITY: A business or service, either governmental or having
appropriate approval from the State, which is engaged in regularly
supplying the public with some commodity or service which is of public
consequence and need such as electricity, gas, water, transportation or
communications.
110. QUASI-PUBLIC USE: Any use which is essentially public, as in services
rendered, although it is under private ownership or control.
111. RECREATION, ACTIVE: Leisure activities, usually performed with
others, often requiring equipment and taking place at prescribed places,
sites or fields.
The term active recreation includes, but is not limited to, swimming,
tennis and other court games, baseball and -other field sports, and
playground activities, bike riding, hiking, walking and picnicking.
112. RESIDENTIAL CARE FACILITY: A licensed establishment operated with
twenty-four (24) hour supervision for the purpose of serving those
persons, who by reason of their special circumstances, require care
while living as a single housekeeping unit. Residential care facilities for
the purposes of this title, may include group homes, foster homes, and
congregate care facilities, but shall not include correctional facilities,
nursing homes, Type III group care facilities, or foster family homes.
113. RESIDENTIAL DEVELOPMENT: Any development designed and intended
for residential use regardless of the type of building in which such
residence is located; i.e., conventional single-family dwellings, single-
family attached, townhouses, duplexes, fourplexes or apartment houses,
114. RETAIL SALES: The sale of goods, merchandise and commodities for use
or consumption by the immediate purchaser. Retail sales include the
selling of goods and services which may (nclude convenience goods, such
as food and drugs, personal services, such as tailoring, shoe repairing
and barbershops, and general merchandise, such as apparel, furniture
and home furnishings.
115. RIDING STABLE, ARENA, ACADEMY: Premises where six (6) or more
horses are kept for hire, where riding horses are provided for
compensation, or where horses are brought primarily for purposes of
riding, exhibitions or shows, but not including the raising of horses as
livestock for sale. (Ordinance No. 8216, 11/4/85)
116. RIFLE, PISTOL OR ARCHERY RANGE: A facility operated by a
community, a club or a professional association for purpose of outdoor
rifle, pistol or archery practice.
117. SANITARY LANDFILL: Any land upon which solid waste material,
consisting in whole or in part of garbage, refuse, trash, rubbish,
sludge or any other solid waste, Is dumped, and covered with earth or
other suitable material,
03-14
118. SAWMILL, LARGE: A sawmill or related wood products processing mill
exceeding one (1) headsaw and/or exceeding forty thousand (40,000)
board Feet production per shift.
119. SAWMILL, SMALL: A sawmill or related wood products processing mill
having a single headsaw with a maximum production of less than forty
thousand (40,D00) board feet per shift.
120. SCHOOLS, ACADEMIC: Any publicly financial or private or parochial
school or facility used for the purpose of school instruction, from ;he
kindergarten through twelfth grade, and college, except commercial,
business or trade schools. This definition does not include a private
residence in which parents teach their own natural or legally adopted
children. (Ordinance No. 8216, 11/4/85)
121. SCHOOL OF SPECIAL EDUCATION: A school primarily devoted to giving
instruction in vocational, professional, musical, dramatic, artistic,
linguistic, sc(entiflc, religious, or other special subjects, but not
including [a) a group day care facility or day care center; or (b) a
riding school, however designated.
122. SECONDARY USE: A use listed among those permitted in any density
district, but permitted to be located only as part of residential
developments in accordance with the provisions of this title.
A secondary use is integrated within a residential development with
which it is vary compatible.
123. SHOPPING CENTER: Any group of two (2) or more commercial uses
which (a) are designed as a single commercial group, whether or not
located on the same lot, (b) are under common ownership or
management, (c) are connected by party walls, partitions, canopies or
other structural members to form one continuous structure, or if located
in separate buildings, are interconnected by walkways and accessways
designed to facilitate customer traffic between the uses, (d) share a
common parking area, and (e) otherwise present the appearance of one
(1J continuous commercial area.
124. SIGN: Any medium, Including its structure and component parts, which
is used or intended to be used to attract attention to the subject matter
for advertising, instruction or safety purposes.
125. SINGLE-FAMILY ATTACHED: See DWELLING, SINGLE-FAMILY
ATTACHED.
126. SINGLE-FAMILY RESIDENTIAL: Single-family unattached dwelling units.
127. SINGLE-FAMILY UNATTACHED DWELLING UNIT: See DWEt._ING,
SINGLE-FAMILY DETACHED.
128. SPECIAL INCINERATOR ASI1: Ash residues resulting from the operation
of incinerator or energy recovery facilities managing municipal solid
waste, including solid waste from residential, commercial, and industrial
establishments, if the ash residues:
03 - 15
a. would otherwise be regulated as hazardous wastes under RCW
70.T05; and
b. are not regulated as a hazardous waste under the Federal Resource
Conservation and Recovery Act (RCRA), 42. U.S.C. Section 6910
et. seq. (Ordinance No. 8970, 7125/88)
129. SPECIAL USE: Special uses are uses which are not permitted outright
Ina zone because of incompatiblllty with the permitted uses of the zone.
However, when such a special use Is considered with reference
to a particular site In a zone, or if the special use may be made
compatible by attaching conditions to the maintenance of such a use,
uses which otherwise would be prohibited in a zone may be allowed by
special use authorization.
In order to determine whether such compatibility may be achieved, a
discretionary review process is employed. Even if a proposed special
use meets all the special standards for that particular use, the use
must also meet the general standards of this ordinance for special uses,
and shall be denied if the special and general standards are not met.
(Ordinance No. 8216, 11/4/85)
130. STORAGE FACILITY COMMERCIAL: A facility including buildings
segregated into storage cubicles used exclusively for the storage of
excess property and outdoor storage of vehicles and boats. Such term
shall not include the conduct of business activities other than rental of
storage units on the premises.
131. STORY: That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
132. STREET: A public or private right-of-way which affords the principal
means of access to abutting property. it includes an avenue, place,
way, drive, land, boulevard, arterial road and any other thoroughfare.
133. STREET, PUBLIC: A street, for the use of the general public, upon
which every person has the right to pass and to use it at all times, for
alt purposes of travel, transportation or parking to which it is adapted
and devoted.
134. STREET, SERVICE DRIVE: A public street, paralleling and contiguous
to a major thoroughfare, designed, primarily, to promote safety by
providing free access to adjoining property and limited access to major
thoroughfares.
135. STRUCTURE: That which is built or constructed. The term structure
shall be construed as though followed by the words "or parts thereof."
136. SUBDIVISION: The land subdivided as defined in Title 18, Platting and
Subdivision Ordinance, Thurston County Code.
03 - 16
137. SUBDIVISION, CLUSTER: See CLUSTER SUBDIVISIQN.
138. SUBDIVISION, CONVENTIONAL: The subdivision of a lot in accordance
with the lot size requirements and bulk regulations specified for same in
the district regulations. (See Appendix Figure 1. J
139. TRANSPORTATION TERMINAL: A facility which serves primarily as a
transfer point for changing from one mode of transportation to another,
or for transferring shipped materials from one vehicle to another, with
associated storage area. (Ordinance No. 7728, 3/13/84)
140. TRAVEL TRAILER: A vehicular, portable structure built on a chassis
and designed to be used for temporary occupancy for travel, recreational
or vacation use.
T4T. TRAVEL TRAILER PARKS AND COMMERCIAL CAMPGROUNDS: An area
or premise operated as a commercial enterprise, providing space for
seasonal accommodations for transient occupancy or use by tourists
occupying camping trailers, self-propelled campers, tents and/or
lodges.
142. VARIANCE: The method by which an adjustment (s made in the
application of the specific regulations of this title to a particular piece or
property, which property, because of special circumstances applicable to
it, is deprived of privileges commonly enjoyed by other properties in the
same district or vicinity and which adjustment remedies disparity in
privileges.
143. VETERINARY CLINIC OR hIOSPITAL: A facility rendering surgical and
medical treatment to animals, and having overnight accommodations for
such small animals.
144. VISION CLEARANCE AREA: A triangular area of a corner lot at the
intersection of two front lot lines, and tI}rough which it is necessary to
retain vision clearance in the interest of public safety. (See Appendix
Figure 15. )
145. WAREHOUSE AND LIGHT FABRICATION: Light industrial uses which
are conditional uses subject to the provisions of Chapter 20.52 and which
do not produce such smoke, noise, pollution or odor as would be
identif7able and unreasonably offensive to any surrounding property.
146. WHOLESALE SALES: The sale of goods, merchandise and commodities in
gross, primarily for purposes of resale.
147, YARD: Any open space on the same lot with a building or building
group lying between the building or building group and the nearest lot
line.
148. YARD, FRONT: A yard extending across the full width of a lot and
lying between the front lot line and the building. On a corner lot, the
front yard shall be the yard providing principal access From the
adjacent street.
03 - 17
On a corner lot, the two (2) yards lying between the principal building
and the intersecting streets shall both meet front yard setback
requirements. (See Figure 11.)
149. YARD, REAR: A yard extending across the full width of the lot and
lying between the rear lot line of the lot and the principal building
group.
On a corner lot, the rear yard shall be that yard on the opposite side
of the building from the front yard. (See Appendix Figure 11.)
150. YARD, SIDE: A yard between the side lot line of the lot and [he
principal building, and extending from the front yard to the rear yard,
or, in the absence of either of such yards, to the front or rear lot
lines, as the case may be. (See Appendix Figure 11.)
151. ZONE: See DENSITY DISTRICT.
152. ZONE MAP: A map which identifies the parcel specific boundaries of the
various "districts" provided in this title. (Ordinance No. 8034, 3/19/85)
03 - 18
CHAPTER 20.09
RURAL RESIDENTIAL--1 DWELLING UNIT PER 5 ACRES
(RR 1/5)
Sections:
20.09.010 Purpose
20.09.020 Primary Uses
20.09.025 Special Uses
20.09.030 Family Member Unit
20.09.040 Design Standards
20.09.050 Conditional Uses (repealed per Ordinance No. 8216, 11/4/85)
20.09.060 Limited Uses (repealed per Ordinance No. 8216, I1/4/BS)
20.09.070 Additional Regulations
20.09.070 Pur ose. The intent of this district is to assist in maintaining the
commercia tim er industry and to protect the public health in areas with
-severe soil limitation for septic system, severely limited water supply, aquifer
recharge and flood plains.
20.09.020 Primar Uses. Subject to the provisions of this title, the following
uses are permute up to a maximum density of one (1) unit per five (5)
acres:
1 . GROUP A (Permitted after review by staff. )
a. Agriculture and accessory
b. Single-family and two-family residential including mobile homes
(limited to four (4) residential units per lot).
c. Home occupations per standards in 20.54,070(16).
2. GROUP B (Permitted after Site Pian Review.)
a. Single-family and twv-family residential exceeding that permitted
in Group A.
b. Mobile home parks per 20.31. (Ordinance No. 8216, 11/4/85)
20.09:025 Special Uses. See Chapter 20.54 for special uses permitted in this
district. (Ordinance o. 8216, 11/4185)
20.09.030 Family tvlember Unit.
1. In addition to the maximum number of dwelling units permitted on a lot,
one dwelling unit may be located or constructed upon a lot for the
purpose of housing a person who is a family member to a person residing
in a structure existing on the lot when application for family unit
approval is requested. A person is a family member when related by
blood, marriage or adoption.
09 - 1
2. Persons wishing to establish a family member unit shall furnish proof of
family member status as required by the Building Department, and shall
receive written approval to establish such unit from the Building
Department before locating or constructing the unit.
3. Dwelling units which are located or constructed pursuant to this section
shall be removed when the family member no longer occupies the family
member unit.
20.09.040 Design Standards. The following standards are established as the
minimum necessary to insure that the purpose of this Rural Residential, One
Unit Per Five Acre District is achieved and maintained as new lots are created
and new buildings are constructed:
1. Minimum lot size:
a. Conventional subdivision lot (net) - 4 acres for single-family, B
acres for duplexes
b. Nonresidential use - 5 acres
2. Maximum building height - 35 feet
3. Minimum yard requirements
a. Singie-family and two-family residential
(1) Front yard - 50 feet to centerline, 60 feet on arterials
(2) Side yard - 5 feet
(3) Rear yard - 10 feet
b. All other structures: See 20.07.030 (Required Minimum Yards).
4. Maximum coverage by structures - 60$
20. 09.070 Additional Regulations. Refer to the following Chapters for
provisions wh ich may qualify or supplement the regulations presented above:
1. Chapter 20. 32 Open Space
2. Chapter 20. 34 Accessory Uses
3. Chapter 20. 35 Standards Relating to Physical Limitations of Land
4. Chapter 20. 36 Environmentally Sensitive Areas
5. Chapter 20. 40 Signs and Lighting
6. Chapter 20. 44 Parking and Loading
7. Chapter 20. 45 Landscaping and Screening. (Ordinance No. 8216,
11/4/85)
EXHIBIT B
CITY OF YELM
URDTNANCE NO. 666
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO TIIE CITY OP YELM,
WASHINGTON.
WHEREAS, the record ownors of a[ least sixty percent of the
value of the property described below have petitioned for
ennexetion to the City of Yelm,
WHEREAS, the City Council of Yelm hoe held a duly-noticed
public Dearing regarding such annexation,
WHEREAS, the City Council finds the[ such annexation le in the
best interest of the City end con[orma with ennexetion policies of
tho City ee eet forth in the Comprehensive Plan and Yelm Hunicipel
Code chapter 2-fifi.
NOW, THEREFORE, THE CITY COUNCIL OP YELM DOES ORDAIN AS.
FOLLOWS:
Sort ion 1. The following described terrltozy ie hereby
nnnoxed end made a pert of the City of Telm:
tots 5 of Block 35, excepting therefrom the North 290
feet thereof end Lote 9 through 14, inclusive of Plock 36
in the Plat of McRenlle Irrigated Tracts. Peresla 2, 3
and 4 of Shor[ Subdivision No. SS-024, Parcel 1 of Short
Subdivision No. SS-1733 end ell that part of Railway Rnad
SE lying edjecent on the North of eeid Lots 11 throuyh l4
oL seld 01ock 36, sod Lying within the Northerly and
Southerly right of wny margins ee extended Easterly to
the Westerly boundary of as id Parcel 1 of Short
Subdivision No. SS-1733.
Section 1. Said property shall be subject to the axis Ling
indebtedness of the City of Yelm end to pay sold indeb[ednesa shell
be enseseed end taxed et the same race and on the same belle es
other prapezt.y within the City of Yola.
Sectior. 3. upon annexation said property shall be zoned end
Che Zoning map of Yelm emended ae follows:
All properties ebu[ting Middle Roed ere to be zoned
Single-Family Residential (R-1). A71 properties abutting
Reilwey Rond ere to be zoned Reelden tiel Agricultural
(RA) ]-5.
Section 3. The Clty Clerk shall rernrd a copy of Chie
Ordinance in the Office of the [ounty Auditor end file a certif led
copy with the Hoard of County Commlaalonere.
Section s. This Ordinance shall become effectlvo on the 11th
day of nay, 1993, being a dote not Leas then five days Co flowing
publ! Son.
obe~ a or
AT•re Nul:~~92 Pa9e~ 461
File WD: ~3A5170141
Ag e olombo, Cf
PASSED and APPROVED: April 28, 1993
PUBLISHED: Niequslly Valley Newe, May 6, 1993
Ui, 01 etN
n,m tM4+[E 6e 166 fIMt60L$) PILf 1
EXHIBIT C
~~~ City of Yetm
Community DeuelopmenL Department
Ir75 Yadm Auerate 4Yeat
Yelm, R'A .98597
April 5, 2011
James Park and Barbara Wood
16135 Railway Rd SE
Yglm, WA 98597
Dear Mr. Park and Ms Wood,
The City of `(elm has received complaints about cattle on your property located at 16135
Railway Rd SE, parcel number 6430360120b (See attached photographs). Your property within
the CRy of Yelm is zoned R-6, Moderate-density residential district.
The Yelm Code at Section 17.15.020 (B) 4 states:
"The keeping of common household animal or pets is permitted provided that their
keeping does not constitute a nuisance or hazard to the peace, health and welfare of the
community in general and neighbors in particular."
The Yelm Code at Section 17.15.030 (B) further states'
"Uses other than those identified or described in Section 17.15.020 are prohibited."
As livestock, cattle in particular, are not defined as common household pets you are not in
conformance with R-6 zoning, Chapter 17.15.
Within the next 15 days please bring your property into compliance with the City of Yelm
Municipal Code.
If you have any questions regarding this letter, please feel free to contact me at the Community
Development Department. 360-458-8407. Thank you.
Sincerely,
Gary Carlson
Building Official
City of Yelm
(,460) BH-3F.?5
(Y60) l5R-374J FA.I"
nrtrucriydrnara. ua
EXHIBIT D
From: Jlm Park and Barb Wood [mailto:parkwood@ywave.com]
Sent: Sunday, October 09, 2011 11:24 PM
TO: IOhn-SCOtt9'~~rUmrdSt. net
Cc: Gary Carlson
Subject: Re: 16135 Railway Rd
Thanks much John:)
We have provided aerial photography, photos. etc. to the City of Yelm that illustrates that we have maintained
agncullural activities at 16135 Railway Rd- following annexation in 1996, Your statement confirms and suppoAs that
fact.
Thanks again:)
barb and jim
--- Original Message -----
From: tohrnscotto~comcast.net
To: Jim Park and Barb Wood
Sent: Sunday, October 09, 2011 6:31 AM
Subject: Re: 16135 Railway Rd
Jim R Barb:
To whom it may concern:
Since the year 2000 we have harrowed, fertilized, cut, raked, manufactured both square 8
round bales on the property at 16135 Railway!
Sincerely !
John Scotto
360-458-6521
From: "Jim Park and Barb Wood" <parkwood@ywave.com>
To: "John Scotto" <john-scottoC~comcast.net>
Sent: Saturday, October 8, 2011 10:58:31 PM
Subject: Fw: 16135 Railway Rd
Hi John,
Please see a-mail string below. The Clty of Yelm staff is stilt requiring documentation of our agricultural activities
at 16135 Railway Rd. between 7998 and 2011. Could you provide a statement regarding the years that you have
hayed the field9
Thanks much:)
barb and jim
4582588
EXHIBIT E
October 16"'. 2011
TO: Gary Carlson,BulldingOffldal ~~1 1 9 Z(}(~
City of Yelm Building Department
105 Yelm Ave West
Yelm, WA 98597
FROM :Doug Rozof
P,O. Box 703
Ralnler, WA 98576
RE: Barb Wood and Jim Park, ParkWood Farms, Parcel #64303601204.
16135 Railway Rd
Yelm, WA 98597
Dear Gary;
This correspondence Is to attest that I have conducted farrier services at 16135 Railway Rd., Yelm, WA
(formally 16125 Railway Rd) from 1984 to 2000 on resident and boarded horses. Please contact me at
360 894 0702 if you have any questions.
Sincerely,
~~
Doug Rozof
EXHIBIT F
From: Jim Park and Barb Wood
To: Gary Carlson
Date: Thu, 27 Oct 2011 22:22:55 -0700
Subject: Re: 16135 Railway Rd
Attachment(s): 0
Hi Gary,
Doug Rozof, our farrier, called us on Tuesday the 18th of October
stating that he had mailed his statement confirming his farrier services
for horses on the Railway property between 1984 to 2000.
Please let me know if you didn't receive it; for Doug is more than
willing to meet with you in person...
Based on previous correspondence between you and us regarding the
non-conforming use of the property, we believe that his statement has
satisfied the documentation you have requested to ascertain that our
Railway Rd property has been in agricultural use, with no break in
agricultural use over 18 months, since the property was annexed in 1995.
That would include agricultural use of raising cattle, horses, and hay
(corn and pumpkins the past few years).
Please send us an acknowledgment that we have provided all documentation
necessary to support our past and current use of the property as in
agricultural use since the annexation into the City, and thus we are not
in anon-conforming use of the property zoned R/ti.
If that is problematic for you, we are more than willing to attend a SPR
committee meeting to present our documentation and discuss any concerns
(Please remind me what the acronym "SPR" refers to, for I was unable to
find on your website in any planning or zoning document).
In addition to the above documentation, we would like to convey that we
have not had any complaints from any neighbors (Wood Field development)
since we moved the cattle to the farm. In fact, the neighbors have been
more than supportive. They love the cows:) We even had a neighbor, who
is an attorney, offer his services for free, to assist us regarding any
issues with continuing agricultural practices (e.g., raising cattle on
the property).
Please inform us if we need to provide any additional information...
Thanks much
barb and jim
----- Original Message -----
From: Gary Carlson <mailto:garyc@ci.yelm.wa.us>
To: Jim Park and Barb Wood <mailto:parkwood@ywave.com>
Sent: Tuesday, October 11, 2011 7:58 AM
Subject: RE: 16135 Railway Rd
Thanks,
I was hoping to wrap this up as soon as possible.
Gary
From: Jim Park and Barb Wood [mailto:parkwood@ywave.com]
Sent: Monday, October 10, 2011 1:49 PM
To Gary Carlson
Subject: Re: 16135 Railway Rd
I will get something from him the next time he comes town:)
Thanks
EXHIBIT G
~~~7He'° City of Yelm
~,
>~
Community Development
!US Yelm Avenue Wert
}eJm, WA 9F.59i
L
James Park and Barbara Wood
16135 Railway Road SE
Yelm, WA 98597
This notice is regarding your ongoing violation of Sections 17.15.020 and 030 YMC
which prohibit the keeping of livestock within the City of Yelm. The letter also
constitutes the City's official determination that the keeping of livestock on your property
at 16135 Railway Road SE is not apre-existing non-conforming use pursuant to the
Yelm Zoning Code.
The Community Development Department has reviewed the documentation you
provided in response to the initial notice of violation dated April 5, 2011. Specifically,
you were offered the opportunity to provide documentation that the property in question
has been continuously used for the keeping of livestock
The documentation you provided indicates that livestock had been kept on the property
between 1984 and 2000 (statement of Doug Rozof) and that the property has been
hayed between 2000 and present day (statement of John Scotto).
The City accepts these statements as accurate, as they confirm the findings of the
Community Development Department as to the historic use of the property.
The Yelm Zoning Code specifically prohibits the keeping of livestock in the Moderate
Density Residential Zone (Sections 17.15.020 and 030 YMC),
The keeping of livestock on the property was apre-existing, non-conforming use from
the date the property was annexed into the Ciry in 1993, through 2000. However, by
your own admission, this use ceased in 2000. Section 17.93.030 YMC clearly states
that "a non conforming use shall be deemed abandoned by discontinuance or
abandonment for a period of eighteen months, and any subsequent future use of such
land or buildings shall be in conformity with the provisions of this title."
This determination is final and may be appealed to the Yelm Hearing Examiner by filing
a written notice of appeal and a $50.00 appeal fee to the Community Development
Department within 15 days from the date of this notice.
Dated this 17"' o November 2011
Gr nt B , Di ector
Co Development Department
(8F0) f38-3R35
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