SMP - Non-Conforming Use is Disfavored in Washington State

Any property owner or lease holder, which is labeled a legal non-conforming use should consult with a land use attorney right now! If you are one of the chosen ones, anything you say or write could be used against you, if a dispute arises. Here's my point, once you become a legal non-conforming use you have an up hill battle and its up to you to provide the proof that you are legal non-conforming. Your newly transplanted neighbor, who suddenly turns on you, contacts Jefferson County (DCD) about your deck protruding into the new buffer zone or simply states that you have intensified your house or business uses, is enough to open up a case file. You will find yourself up against DCD and their investigators and outside legal team, which could include the sheriff office, such as Security Services NW (SSNW). Has anyone heard the name Security Services NW (SSNW), SSNW is legal non-conforming use. You see, after they change your designation the proof falls upon you, not DCD. Proving that you existed and that you are legal will most likely be in front of the Jefferson County Hearing Examiner (HE), who contracts with Jefferson County, not you. I often hear DCD officials talking about "their" HE and believe me it's their HE. In our case, SSNW had to provide twenty years of documents that we did in fact legally provide security services prior the the zoning change 1992, which wasn't noticed to the public. So, save all your records. Also, take notice of the term lawfully (see below), which was taken off the DOE website. If you bought a house or structure, which you may have overlooked a permit or purchased the house not knowing if a permit was ever pulled... you may be unlawful from the start and be subject to a Stop Work Order (SWO).

Washington State Department of EcologyNon-conforming uses

A non-conforming use is a use or development that was lawfully constructed or established but does not conform to present SMP requirements. These "grandfathered" developments may continue as long as they are not enlarged, intensified, increased, or altered in a way that increases the nonconformity.

For the past four years going on five SSNW has been entangled in a legal dispute over its non-conforming use. Jefferson County backed by twenty-eight other counties in the Washington Counties Risk Pool have been briefed at every level on how legal non-conforming uses are disfavored in Washington State. Once you become non-conforming you become more likely to be singled out. If you become non-conforming in the updated SMP, you have reason to worry.

Finally, here's one of the questions you will fill out in the seller disclosure form when you sell your property/house.

[ ] Yes [ ] No [ ] Don't know *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling?

Your property is now devalued. Welcome to Jefferson County!