HomeMy WebLinkAboutExhibit 45 2025 08 08 JeffCo Legal Memoranda and Attachments.pdf FINALJEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 1 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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BEFORE THE HEARING EXAMINER
FOR JEFFERSON COUNTY
In the Matter of the Unit Lot Subdivision
Application Submitted by,
HABITAT FOR HUMANITY OF EAST
JEFFERSON COUNTY
Parcel No. 901-023-007 (Port Hadlock)
Project File No. SUB2025-00012
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
I.INTRODUCTION
COMES NOW, Jefferson County, by and through its attorney of record, Civil Deputy
Prosecuting Attorney Ariel Speser, and provides this Legal Memoranda as requested by the
Order of Continuance and Case Management Orders issued on July 22, 2025, by the
Hearing Examiner.
II.STATEMENT OF FACTS
The Applicant, Habitat for Humanity of East Jefferson County, applied for a Type III
land use application, deemed complete on April 9, 2025.
The subject property is located at 231 Mason Street, Port Hadlock, WA 98339, being
within Section 2, Township 29 North, Range 1 West, W.M., Jefferson County. The property is
approximately 17.12 acres in size and is referenced by Assessor’s Tax Parcel Number
901023007.
The Mason Street Neighborhood proposal (Proposal) features 136 affordable homes for
sale, offered as duplexes and fourplexes, alongside two adult family homes. The proposal
includes the installation of utilities, roadways, and open space improvements. The development
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 2 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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will be served by the Port Hadlock UGA Sewer System and the Quimper public water system
(PUD No.1 of Jefferson County). The proposal is subject to the conditions required by Jefferson
County Code (JCC) 18.19.150 because it is located within the Irondale and Port Hadlock Urban
Growth Area where a sewer is not yet available.
III. AUTHORITY AND ARGUMENT
1. If the Examiner were to issue preliminary plat approval, for an urban subdivision,
what authority allows the Examiner to apply “future urban zoning” instead of the
existing rural intermediate zoning in place at the time the complete subdivision
application was filed? Please discuss RCW 58.17.033; JCC §18.19.110; JCC §
18.19.150(3).
The Hearing Examiner should issue a preliminary plat approval for an urban subdivision
in this matter. Doing so is consistent with current local code, including the Jefferson County’s
Unified Development Code. The Hearing Examiner does not need authority to apply “future
urban zoning” because current code already allows authority to condition applications pursuant
to JCC 18.19.150 upon on sewer “availability” as defined in title 13 JCC.
A. RCW 58.17.033
RCW 58.17.033 Proposed division of land—Consideration of application for
preliminary plat or short plat approval—Requirements defined by local ordinance.
(1) A proposed division of land, as defined in RCW 58.17.020, shall be
considered under the subdivision or short subdivision ordinance, and zoning or
other land use control ordinances, in effect on the land at the time a fully
completed application for preliminary plat approval of the subdivision, or short
plat approval of the short subdivision, has been submitted to the appropriate
county, city, or town official.
(2) The requirements for a fully completed application shall be defined by local
ordinance.
(3) The limitations imposed by this section shall not restrict conditions imposed
under chapter 43.21C RCW.
The Mason Street Neighborhood Unit Lot Subdivision is under consideration pursuant to
JCC title 18 Unified Development Code (UDC). Jefferson County Ordinance No. 09-1209-24
was adopted December 9, 2024, and made amendments to County’s Comprehensive Plan and
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 3 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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titles 13, 15, and 18 of the JCC. Ordinance No. 09-1209-24 is as ATTACHMENT A. Chapters
particularly relevant to this discussion include:
• JCC 18.35 Article IX. Ordinance No. 09-1209-24, Appendix A, Exhibit 2 at 19;
• JCC 18.18 Ordinance No. 09-1209-24, Appendix A, Exhibit 4 at 137.
• JCC 18.19 Ordinance No. 09-1209-24, Appendix A, Exhibit 4 at 13.
This Proposal is being processed in accordance with the current code at the time of a complete
permit application, as defined by the UDC.
B. 18.19.110 Applicability.
18.19.110 Applicability.
(1) Effective as of March 23, 2009, the effective date of Ordinance No. 03-0323-
09, Jefferson County shall apply transitional rural zoning in the Irondale and Port
Hadlock Urban Growth Area for parcels that do not yet have sewer available. The
transitional rural zoning is depicted on the map Irondale and Port Hadlock UGA
Transitional Rural Zoning, found in the UGA Element, Exhibit 1-21, Jefferson
County Comprehensive Plan (2018). The allowable uses are specified in Chapter
18.15 JCC and Table 3-1 in JCC 18.15.040.
(2) Jefferson County maintains a Geographic Information Systems (GIS)
database, which is updated periodically. Official Maps are updated by the
department of community development and filed with the Jefferson County
Auditor’s Office, as required by JCC 18.05.100. No later than 30 days after the
department of community development files any update of the Official Maps with
the Jefferson County Auditor’s Office, the director shall cause the Official Maps
to be undated in the GIS database.
(3) The allowable uses are specified in chapter 18.15 JCC and JCC 18.15.040,
Table 3-1 or in JCC 18.18.040, Table 3A-1.
Jefferson County will apply urban standards to parcels in this Proposal where sewer is
available pursuant to JCC 18.18.005. The Irondale and Port Hadlock UGA has been established
since 2004. A Transitional Zoning overlay is currently in effect, facilitating a lower density
development until sewer service becomes available. The availability of sewer facilities is a
precondition to developing inside the UGA at urban densities. As mentioned above, Jefferson
County will apply urban standards to parcels where sewer is available pursuant to JCC
18.18.005. Sewer service availability is the determining factor for whether urban development
standards or transitional rural development standards apply, as set forth by JCC 18.19.100.
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 4 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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According to the Jefferson County Comprehensive Plan Land Use and Zoning map, the
subject parcel is designated as Urban Growth Area - Moderate Density Residential (7-12 units
per acre). Until sewer service becomes available, rural zoning provisions apply. Per JCC
18.15.011, “If sewer facilities are not yet available, transitional rural zoning provisions shall
apply.” Once sewer is “available”, the transitional overlay may be removed. The specific land
use and zoning provisions of the Irondale and Port Hadlock UGA that apply before sewer is
available are contained in chapter 18.19 JCC. Transitional rural zoning applies only until sewer
becomes available. JCC 18.19.110(1). Ordinance No. 09-1209-24, shifted the determination of
sewer availability from JCC 18.19 to JCC 13.04.010.1
C.JCC 18.19.150
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under chapter 18.18 JCC in the Phase 1 area
prior to initial startup of the PHUGA sewer system.
(1) Prior to availability of the Port Hadlock urban growth area sewer system
(“PHUGA sewer system”), the director may, in their sole discretion, accept any
application for processing under title 15 JCC or this title in which the applicant
desires connection to or anticipates a requirement to connect to the PHUGA sewer
system, under the following circumstances:
(a) The director of public works confirms that the applicant’s proposal will be
eligible for connection, or will be required to connect, to the PHUGA sewer
system when the sewer becomes operational;
(b) The applicant’s project is consistent with the urban growth area planning
designation for the Port Hadlock UGA contained in the Comprehensive Plan and
implementing development regulations in chapter 18.18 JCC, which will be in
effect when the sewer system is operational and available to the property; and
(c) The applicant agrees to assume the risk of starting project permitting prior to
the date at which the PHUGA sewer system is fully operational and available to
applicant’s property, and agrees to a tolling of the time periods otherwise required
by this title that may be exceeded as a result of the following possible delays:
(i) The time necessary to complete installation of the sewer system connection to
the applicant’s property; and
(ii) The time necessary for the sewer system to be declared operational.
1 See also Attachment B for a more detailed discussion on sewer “availability.”
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 5 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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(2) Authorization to submit a development application shall be conditioned on
the following requirements:
(a) The applicant signs an acknowledgement that:
(i) Installation of the sewer system in the Port Hadlock UGA is a major public
works project for which schedule delays are foreseeable, despite best efforts;
(ii) Commencement of construction will not be granted for any project reviewed
pursuant to this section until the director of the department of public works
provides an authorization stating that the county has executed a contract for
construction of the pressure sewer to the applicant’s property and providing a
projected timeline for completion of the sewer connection; and
(iii) A certificate of occupancy will not be issued for any project reviewed
pursuant to this section until the sewer connection to the applicant’s property is
completed and the PHUGA sewer system is declared operational by the
department of public works;
(b) The applicant signs a document containing the following provisions:
(i) An agreement of assumption of risk and waiver of any damages resulting from
a delay in commencement of construction or receipt of a certificate of occupancy
as required by subsection (2)(a) of this section; and
(ii) An agreement any time period set in this title, including but not limited to the
120-day time period and JCC 18.40.300, will be tolled during the following
possible delays:
(A) The time necessary to complete installation of the sewer system connection
to the applicant’s property; and
(B) The time necessary for the sewer system to be declared operational.
(3) No application submitted pursuant to this section will vest pursuant to JCC
18.40.320, if vesting is authorized by state law to that type of application, until
the development regulations contained in chapter 18.18 JCC are in effect on the
land and a fully complete application is on file with DCD.
JCC 18.19.150 was adopted in 2023 by Ordinance 11-1218-23. The purpose of this
amendment is to allow applicants to submit development permit and land use applications under
urban development standards with sewer connection in the Phase 1 Core Sewer Area prior to
initial startup of the PHUGA sewer system. However, no certificate of occupancy may be issued
until sewer is connected.
JCC 18.19.150 is not mandatory, and offers a pathway for applicants to initiate urban
development in the Phase 1 Core Sewer Area. Early participation supports the sewer system by
ensuring a sufficient number of connections at start-up to properly operate the system.
JCC 18.40.320 Vesting of applications was amended in 2024, through Ordinance No. 09-
1209-24 attached as ATTACHMENT C. Prior to the adoption of this ordinance, JCC 18.40.320
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 6 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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provided vesting for all applications under title 18 JCC, not just those required under state law
(i.e., preliminary plats (RCW 58.17.033), building permits (RCW 19.27.095), and development
agreements (RCW 36.70B.180)). JCC 18.19.150(3) is not applicable to the Mason Street
proposal, which is vested pursuant to RCW 58.17.033.
2. The second issue is whether the project can be approved in the standard fashion,
i.e., applying urban zoning without the use of the special provision in JCC §
18.19.150. Is the sanitary sewer now “available” to the project within the meaning
of Jefferson County Code chapters 18.18 and 18.19 if a sanitary sewer main is
present within 200 feet (which is the case here), even before the pipe becomes
operational, thus obviating the need to utilize the special provision in Section 150?
If not, what citations to law support that answer?
The Project should be approved using the special provisions in JCC 18.19.150(1) and (2).
JCC 18.19.150 is sufficient for the County to accept and begin processing a development and
land use application. As mentioned previously, Ordinance No. 09-1209-24, moved the
determination of when a public sewer was available to title 13 JCC. See relevant JCC sections
below:
18.18.060 (4) Sanitary Sewer Service.
(a) Sewer Service Area. The sewer service area is the same as the 20-year
planning boundary of the Irondale and Port Hadlock urban growth area. No
development approval shall be given, and no building permit issued, unless the
proposed development complies with the provisions of this chapter. For
development under this chapter, as a condition of any new development approval
or major modification to an existing commercial, industrial, or residential use
located within a sanitary sewer service area, as identified in the adopted general
sewer plan for the Irondale and Port Hadlock urban growth area, as amended, the
property owner must obtain confirmation of sewer availability from the PHUGA
sewer system operator prior to development approval. Sewers shall be considered
to be available for the purposes of turning off the transitional rural zoning in
chapter 18.19 JCC for the Irondale and Port Hadlock urban growth area as
described in title 13 JCC. (Emphasis added).
18.19.120 Interim on-site septic systems.
(1) If the proposed use or major modification is located within the Irondale and
Port Hadlock Urban Growth Area where sewers are not available as described in
title 13 JCC, then transitional rural development standards in this chapter apply.
(Emphasis added).
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 7 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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This application vested as of April 9, 2025, the date it was deemed a complete permit
application. At that time, the term “available” was admittedly not well defined in title 13 JCC.
Jefferson County is amending JCC 13.02.010 and JCC 13.04.010 to clarify the definition and
application of sewer availability. See Jefferson County Board of Commissioners Workshop
Materials presented August 4, 2025 attached hereto as ATTACHMENT B.
3. It seems clear that JCC §18.19.150 authorizes DCD to accept and process this
application for urban development before the operability of the sewer system is
available. It is also clear that this section does not mention the Hearing Examiner
and that the Hearing Examiner Office is not a division of DCD. JCC § 2.30.020.
Does the authority under JCC § 18.19.150 extend to the Hearing Examiner and
authorize issuance of a final decision on a subdivision application prior to the
operability of the sanitary sewer system? Does any legislative history before the
County Commissioners address the applicability of Section 150 to Hearing
Examiner decisions?
The Mason Street Neighborhood Unit Lot Subdivision is being processed pursuant to title
18 JCC, including the provisions of JCC 18.35 Article IX. See relevant title 18 JCC sections
below:
JCC 18.35.800(4) Approval Process. Unit lot subdivisions of four or fewer lots
shall be processed in the same manner as short plats, as a Type II permit pursuant
to chapter 18.35 Article III. Unit lot subdivisions of five or more lots shall be
processed as long subdivisions, as a Type III permit pursuant to chapter 18.35
Article IV. (Emphasis added).
18.35.320(1) Preliminary long plat review process. An application for a full
subdivision shall be processed according to the procedures for Type III land use
decisions established in chapter 18.40 JCC. (Emphasis added).
18.40.280(1) Hearing examiner review and decision (Type III decisions and
appeals of Type II decisions). The hearing examiner shall review and make
findings, conclusions and a decision on all Type III permit applications.
(Emphasis added).
Additionally, chapter 2.30 JCC clearly states the Hearing Examiner shall receive and
examine available relevant evidence, conduct hearings, cause preparation of the official record,
prepare and enter findings of fact and conclusions of law, and issue final decisions for Type III
land use decisions pursuant to chapter 18.40 JCC. See JCC 2.30.080(2)(a)(i).
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 8 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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While there may not be specific local legislative history uniquely linking JCC 18.19.150
to a Hearing Examiner, there is no evidence that the local legislative authority intended Type III
land use decisions involving 18.19.150 conditions to be handled differently. Applicable code
provisions clearly demonstrate legislative intent for Hearing Examiners to hear Type III land use
cases. If the local legislative authority did not want authority under JCC 18.19.150 to extend to
Hearing Examiners, it would have specifically said so. There is no question of the Hearing
Examiner’s authority here. Even if the code was found to be arguably ambiguous (no arguments
have been made suggesting this), courts accord substantial weight to the agency’s interpretation
of an ambiguous statute within its expertise, provided that the interpretation does not conflict
with the statute’s language or underlying intent. Port of Seattle v. Pollution Control Hr’gs Bd.,
151 Wn.2d 568, 593, 90 P.3d 659 (2004). Comprehensive plans and development regulations
adopted under the Growth Management Act are presumed valid upon adoption, see WAC 365-
196-040 and RCW36.70A.320. As such, the Hearing Examiner is authorized to process the
Proposal.
IV. CONCLUSION
For the foregoing reasons, Jefferson County respectfully requests that the Hearing
Examiner process the Proposal and issue a final decision on this subdivision application.
Dated this 8th day of August, 2025.
JAMES KENNEDY
Jefferson County Prosecuting Attorney
Ariel Speser, WSBA #44125
Civil Deputy Prosecuting Attorney
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EXHIBIT 45
JEFFERSON COUNTY’S LEGAL
MEMORANDA REQUESTED BY THE
HEARING EXAMINER
Page 9 of 9
Jefferson County Prosecuting Attorney
1820 Jefferson Street/P.O. Box 1220
Port Townsend, WA 98368
360-385-9180
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CERTIFICATE OF SERVICE
The undersigned hereby declares under penalty of perjury that on the 8th of August,
2025, she caused a true and correct copy of the foregoing document to be transmitted for service
on the following as via electronic mail per the agreement of the parties as follows:
Office of the Hearing Examiner:
Carolyn Gallaway carolyn@co.jefferson.wa.us
Adiel F. McKnight AFMcKnight@co.jefferson.wa.us
Representatives for Habitat for Humanity:
Bob Collins Bob@habitatejc.org
Julie Miles julie@habitatejc.org
Tim Pula tim@capexadvisory.com
Jefferson County DCD:
Greg Ballard GBallard@co.jefferson.wa.us
Mo-chi Lindblad MLindblad@co.jefferson.wa.us
DATED this 8th day of August, 2025, at Port Townsend, Washington,
Laura Mikelson
Paralegal – Civil Department
LMikelson@co.jefferson.wa.us
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EXHIBIT 45
ATTACHMENT A
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EXHIBIT 45
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Approving Amendments to
the County's Comprehensive Plan; and ORDINANCE NO. 09-1209-24
Amendments to Title 18 JCC, Title 15 JCC
and Title 13 JCC
WHEREAS, the Board of Jefferson County Commissioners ("BoCC"), as required by
the Growth Management Act ("GMA"), chapter 36.70A Revised Code of Washington
RCW"),annually creates and implements a process by which citizens and entities can propose
amendments to the Jefferson County's Comprehensive Plan (2018) ("Comprehensive Plan")
and title 18 of the Jefferson County Code ("JCC") also known as the Unified Development
Code ("UDC"), the Comprehensive Plan having been originally adopted via Resolution No.
72-98 on August 28, 1998 and as subsequently amended, and the UDC, adopted by Ordinance
No. 11-1218-00, effective January 16, 2001, and as subsequently amended; and
WHEREAS, RCW 36.70A.130(2)(a) requires Jefferson County to allow interested
persons to suggest amendments to the Comprehensive Plan or its development regulations
RCW 36.70A.470(2)) during annual amendment cycles; and
WHEREAS, RCW 36.70A.130(2)(a), codified in JCC 18.45.010(1), requires that
revisions of the comprehensive plan are considered together,generally no more frequently than
once every year; and
WHEREAS,the UDC contains a process for annual amendments in chapter 18.45 JCC;
and
WHEREAS, as mandated by the GMA, the BoCC has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan that composed the 2024
Comprehensive Plan Amendment Docket("the Docket"); and
WHEREAS,by the annual submittal deadline of March 1, 2024,the preliminary docket
for the 2024 Comprehensive Plan and UDC amendment cycle was established for site-specific
and suggested amendments, consisting of five suggested amendment proposals: amendments
in titles 8 15, and 13 JCC to coordinate implementation of sewer with Irondale and Port
Hadlock Urban Growth Area ("UGA") development; Port Townsend UGA boundary revision
proposal; Planning Commission UDC amendment proposals for additional rural housing
opportunities; DCD-sponsored suggested text amendments to address code housekeeping; and
the Port of Port Townsend proposal to review Jefferson County Airport Essential Public
Facility ("AEPF"), and expand Airport Overlay III; and
WHEREAS, the Planning Commission re-submitted housing proposals for a series of
rural housing amendments, carried forward from 2023, and was timely re-submitted March 1,
2024; and
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WHEREAS, the County timely submitted proposals for UDC amendments March 1,
2024 for amendments to the titles 18. 15, and 13 JCC necessary to implement regulations in
concert with development of sewer code and housing projects dependent on sewer; and
WHEREAS, the County timely submitted on March 1, 2024, a UDC Housekeeping
suggested amendment proposal to address minor UDC housekeeping amendments to be
brought forward during the 2024 amendment cycle; and
WHEREAS, Jefferson County timely submitted a proposal to expand the Port
Townsend UGA boundary to include publicly-owned parcels for public purpose use, including
the Caswell-Brown Village (CBV) for housing services; and
WHEREAS, on April 9, 2024, the Jefferson County Department of Community
Development ("Community Development") decided to add to the 2024 annual amendment
cycle, a Port of Port Townsend proposal to review possible expansion of Airport Overlay III,
responding to emergency timing so work can proceed with light industrial proponents on a new
location for operations, as well as substantive design on the light industrial park on the existing
JCIA III overlay (APN 001331005), with the application being received August 1, 2024; and
WHEREAS, the Jefferson County Planning Commission ("Planning Commission")
reviewed the 2024 preliminary docket proposals in their regular meetings on March 20, 2024,
and April 17, 2024; and
WHEREAS, on March 15, 2024, Community Development prepared a formal
Preliminary Docket of proposed amendments per JCC 18.45.050; and
WHEREAS,on March 20,2024,Community Development transmitted the Department
of Community Development report on the 2024 amendment proposals received; and
WHEREAS, on April 17, 2024, Community Development presented the Preliminary
Docket to the Planning Commission and briefed them on the annual Comprehensive Plan
Amendment cycle and the docket process; and
WHEREAS, on April 25, 2024, Community Development distributed the"Department
of Community Development's Review and Recommendation for the 2024 Comprehensive Plan
Amendment Cycle Final Docket" to the BoCC, the Planning Commission, and the general
public, including a recommendation that the DCD proposal for a UDC housekeeping
amendment be removed from the work in 2024, in light of the added Port of Port Townsend
proposal and 2025 Periodic Update work also underway, providing another opportunity to
update UDC items; and
WHEREAS, on May 1, 2024, the Planning Commission held a public hearing on the
preliminary docket regarding which proposals should be on the 2024 amendment cycle final
docket; and
WHEREAS, on May 1, 2024, the Planning Commission deliberated on the 2024
amendment proposals and recommended that the BoCC place all proposals, not including a
UDC housekeeping proposal, on the Final Docket by a vote 7- 0-1; and
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WHEREAS, on May 2, 2024,the Planning Commission transmitted"Jefferson County
Planning Commission's Report and Recommendations for the 2024 Comprehensive Plan
Amendment Final Docket" to the BoCC; and
WHEREAS, on May 13, 2024, the BoCC adopted the recommendation brought
forward by Community Development and Planning Commission, without amendment and
thereby setting the final docket as the same without public hearing pursuant to JCC
18.45.060(4)(a); and
WHEREAS, due to scheduling issues with the regularly-scheduled Planning
Commission meetings in August, the County cancelled the August 7 and August 21 regular
meetings and held a Special Meeting on August 14, 2024 to review Community Development's
draft analysis of the 2024 amendment docket; and
WHEREAS, on September 4, 2024, Community Development published a combined
Notice of Intent to Amend the CP and UDC, a 60-Day Notice to the Washington Department
of Commerce, notice of comment period and September 18, 2024 hearing date with the
Planning commission, and publication notice of the 2024 Comprehensive Plan Amendment
Docket, Combined Staff Report and SEPA Addendum, an integrated Growth Management Act
and State Environmental Policy Act(SEPA) document; and
WHEREAS, the integrated staff report analyzes the proposals on the Final Docket,
offers preliminary recommendations for each amendment proposed, and provides a SEPA
analysis; and
WHEREAS, at the September 4, 2024 regular Planning Commission meeting, a review
of the Staff analysis and report was made by the Planning Commission and public; and
WHEREAS, on September 18, 2024, the Planning Commission held a duly noticed
public hearing to receive testimony on the merits of the 2024 amendment proposals; and
WHEREAS, on September 18, 2024, the Planning Commission deliberated on the
testimony and record for the amendment proposals and recommended approval of each
suggested amendment; and
WHEREAS, on October 10, 2024, Community Development submitted the 2024
Supplemental Staff Report ("October 10 Supplemental Staff Report") and SEPA Addendum,
and a Notice of Intent to Adopt Amendment to the Washington Department of Commerce; and
WHEREAS, the supplemental staff report provides additional analysis to the Port
Townsend UGA boundary expansion and the AEPF/Airport Overlay III proposals; and
WHEREAS, at the October 16, 2024 regular Planning Commission meeting and upon
consideration of the October 10 Supplemental Staff Report, the Planning Commission
confirmed consistency between the proposal as described in the October 10 Supplemental Staff
Report and the Planning Commission's recommendation on the Docket from the September
18, 2024 Planning Commission meeting; and
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WHEREAS, on November 6, 2024, the Planning Commission transmitted their Report
and Recommendation for the Final 2024 Comprehensive Plan Amendment Docket to
Community Development; and
WHEREAS, on November 18, 2024, the BoCC held a workshop with Community
Development to discuss the amendment docket and consider the Planning Commission's
recommendation, and
WHEREAS, on November 18, 2024, the BoCC chose to hold their own hearing on the
amendments, as recommended by the Planning Commission; and
WHEREAS,the BoCC held their own hearing on December 9,2024 and after applying
the required growth factors and findings, the BoCC accepted the Planning Commission's
recommendation to approve all of the forwarded 2024 amendment proposals; and
WHEREAS, the 2024 amendment proposals have gone through the complete public
participation process required by the Growth Management Act ("GMA") and JCC 18.45.090;
and
WHEREAS, all amendments are found to be compliant with GMA and JCC; and
WHEREAS, for all amendment proposals considered in the 2024 Final Docket, the
BoCC finds the 2024 amendments serve to benefit the health, welfare, safety, and lifestyle of
the residents of Jefferson County; and
WHEREAS, the BoCC finds that the 2024 Docket amendments as summarized in
Attachment 1 referenced hereto and thereby incorporated in this ordinance, and reflected in
Appendices A, B, C, and D, are consistent with the Countywide Planning Policies and
consistent with the Growth Management Act; and
WHEREAS, JCC 18.45.080(2)(c) requires that BoCC analyze the 2024 amendments
and make the following findings on the full and complete record:
Growth Management Indicators, JCC 18.45.050(4)( b)(i)through (4)(b)(vii):
i) Whether growth and development as envisioned in the Comprehensive Plan is
occurring faster or slower than anticipated, or is failing to materialize;
WHEREAS, the BoCC finds that the growth rate is consistent with the Comprehensive
Plan. The unadjusted population growth rate over the last year was approximately 0.80%,
somewhat slower than the previous year, when the state's population grew by 1. 1%. The 2024
population estimate for Jefferson County is 33,700, a net increase of 723 people since 2020.
Migration is the driving factor in Jefferson County population; and
ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
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WHEREAS, the BoCC finds the number of service providers in the County has not
decreased and the County continues to be equipped to provide the same levels of service
available at the time of Comprehensive Plan adoption. The County has adopted GMA-
compliant plans to provide the Irondale and Port Hadlock Urban Growth Area ("PHUGA")
with urban services, specifically sanitary sewer service and stormwater management.
Construction of the Port Hadlock Wastewater Facility has begun, with service connections
anticipated in Summer of 2025, and will enable planned densities within the UGA to come to
fruition; and
iii) Whether sufficient urban land is designated and zoned to meet projected demand
and need;
WHEREAS, the BoCC finds that there is sufficient urban land designated to meet
projected demand. For the unincorporated Irondale and Port Hadlock UGA, an analysis of
vacant lands within the proposed UGA and a build-out analysis were updated in 2018.
Comprehensive Plan, Appendix E) This analysis evaluated developable lands and the ability
to accommodate the allocated population. The UGA has sufficient capacity to accommodate
the projected 2038 population of 5,394 people with an estimated growth rate of 1.48%. With a
theoretical carrying capacity of over 30,000 people, the Port Townsend UGA also appears to
be adequately sized to accommodate anticipated future urban growth. However, following
analysis,the City of Port Townsend has informed Jefferson County via an email message dated
August 22, 2024 that there are no suitable sites within the existing Port Townsend UGA to
accommodate continuum-of-care special purpose housing. The City of Port Townsend
provided a letter with supplemental findings dated November 18, 2024, supporting the limited
expansion of the Port Townsend UGA. The City of Port Townsend will finalize an assessment
of available land in the Port Townsend UGA during the 2025 Periodic Update; and
iv) Whether any of the assumptions upon which the plan is based are no longer found
to be valid;
WHEREAS, the BoCC finds that since the periodic review and adoption of the
Comprehensive Plan in 2018, the majority of assumptions made as part of the Plan continue to
be valid. Amendments to GMA and other laws made by the State Legislature and precedent-
setting decisions made by the Growth Management Hearings Boards will be under
consideration during the 2025 Periodic Update; and
v) Whether changes in county-wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision Statement;
WHEREAS, the BoCC finds that the Comprehensive Plan reflects, to the extent
possible, countywide attitudes about the future growth and management of the county. The
Comprehensive Plan was last updated in 2018. Updating the Comprehensive Plan in 2025 will
include an opportunity to reassess countywide attitudes.Between Comprehensive Plan updates,
countywide attitudes can best be inferred through local election results, perspectives expressed
by public representatives such as the Planning Commission, and comments received during
public comment periods; and
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vi) Whether changes in circumstances dictate a need for amendments;
WHEREAS, the BoCC finds that changing circumstances since adoption of the 2018
Comprehensive Plan include the Covid Pandemic, growing issues surrounding affordable
housing, and climate change. Jefferson County adopted development regulations outlining a
process for establishing legal lots of record, as well as regulations for siting and management
of temporary housing facilities. Additional analysis and recommendations for amendments to
meet emerging circumstances will be considered in the Comprehensive Plan periodic update;
and
vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or
the Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
WHEREAS, the BoCC fmds that the Comprehensive Plan is consistent with both the
Growth Management Act and the Countywide Planning Policy with regard to rural land use
districts and resource overlays. The UDC is found to be consistent with the 2018
Comprehensive Plan; and
Required Findings, JCC 18.45.080(1)(b)(i-iii):
i) Whether circumstances related to the proposed amendments and/or the area in which
they are located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan.
WHEREAS, the BoCC fmds that generally, the circumstances and planning
assumptions have not changed since the 2018 Comprehensive Plan Periodic Review. New
circumstances became present when emergency ordinances were initiated in response to the
Covid pandemic,creating urgency for regulations to allow temporary housing facilities. County
work now turns toward workforce housing and to address housing affordability; and
ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is
based are no longer valid, or whether new information is available which was not considered
during the adoption process or any annual amendments of the Jefferson County Comprehensive
Plan.
WHEREAS, the BoCC finds that there is no indication that assumptions upon which
the Comp Plan is based are no longer valid. The Comprehensive Plan documents goals and
policies that support the amendment proposals; and
iii)Whether the proposed amendment reflects current widely held values of the
residents of Jefferson County.
WHEREAS, the BoCC fmds the Comprehensive Plan is intended to reflect, to the
extent possible, countywide attitudes about the future growth and management of the county.
The 2018 Comprehensive Plan update provides a relatively recent opportunity to reassess
countywide attitudes.The amendments are consistent with the Comprehensive Plan. Regarding
housing, the BoCC finds there are a large number of organizations and a significant amount of
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County resources dedicated to addressing housing. The proposed amendments reflect a widely
held value of the County' s residents; and
WHEREAS,adopting Ordinance is required to formalize the BoCC's legislative action,
and;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON, AS FOLLOWS:
Section 1. Findings of Fact. the BoCC adopts the recitals above ("WHEREAS clauses"), the
Planning Commission findings, and Community Development findings as their own findings
of fact for this ordinance.
Section 2. Purpose. The purpose of this ordinance is to complete the 2024 Comprehensive Plan
Cycle pursuant to chapter 18.45 JCC.
Section 3. UDC Proposals Adopted. UDC proposals are adopted as the shown in Appendix A,
Exhibits 1-6.
Section 4. Port Townsend UGA Boundary Amendment. Port Townsend UGA expansion
proposal to include public purpose land and Caswell-Brown Village is adopted as shown in
Appendix B.
Section 5. UDC Amendments Regarding Rural Housing Proposals. UDC amendments
regarding rural housing proposals are adopted as shown in Appendix C, Exhibits 1-4.
Section 6. Comprehensive Plan Amendment. Comprehensive Plan is amended to reflect text
changes to Airport Overlay III as shown in Appendix D, Exhibit 1.
Section 7. Airport Overlay III amendments to the Chapter 18. 15 JCC. Airport Overlay III
amendments to the chapter 18.15 JCC is adopted as shown in Appendix D, Exhibit 1.
Section 8. Map in Appendix D, Exhibit 1Adopted and Incorporated by Reference. The Map
included in Appendix D, Exhibit 1 is_incorporated hereto by reference with this ordinance
showing Land Use Map expansion of the adopted Airport Overlay III extent is hereby adopted.
Section 9. Severability. If any section of the ordinance is deemed either non-compliant or
invalid pursuant to the Growth Management Act, such a finding of non-compliance or
invalidity shall not nullify or invalidate any other section of this ordinance.
Section 10. SEPA Compliance. A table showing SEPA compliance steps is below.
Year State Environmental Policy Act Document Description
1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS)and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
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1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively, and examined the potential cumulative environmental impacts of
adopting alternative versions of the Comprehensive Plan.
6/30/1999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments
Task III of Tri-Area/Glen Cove Special Study)
8/18/1999 Final Supplemental Environmental Impact Statement. Jefferson County
Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study
Task N.
6/11/2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision
Document, June 11, 2001.
2002 Integrated Growth Management Act/State Environmental Policy Act Document
Environmental Review of a Non-Project Action: Draft Supplemental EIS August
21, 2002, to Supplement the Comprehensive Plan Draft and Final EIS (1997)
and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November
25, 2002 Integrated FSEIS 2002 Amendment Docket.
This FSEIS was appealed before the Western Washington Growth Management
Hearings Board (WWGMHB) of which the WWGMHB issued a Final Decision
and Order(FDO) and remanded it back to the Department for additional
environmental review.
The county hired Wheeler Consulting, to prepare additional environmental
review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on
March 3,2004. A FSEIS to the 2002 CPA SEIS was issued on May 12, 2004
as part of the review and in consideration of MLA02-00235.
2003 Staff Recommendation and Environmental Analysis with Regard to the
Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson
County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003
SEPA Addendum for Suggested Amendments.
2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to
the Comprehensive Plan issued May 19, 2004.
204 2004 Comprehensive Plan Amendment Docket Department of Community
Development Integrated Staff Report and SEPA Addendum issued September
22, 2004.
2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporates
by reference: 1998 DEIS/FEIS and 2004 Addendum.
2006 Integrated GMA/SEPA Addendum Staff Rpt., July 19, 2006.
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2007 SEPA Addendum, adopting by reference 2004 Staff Report and SEPA
Addendum for UGA Amendments to the Comprehensive Plan issued May 19,
2004 and 2004 Comprehensive Plan Amendment Docket Department of
Community Development Integrated Staff Report and SEPA Addendum issued
September 22, 2004.
2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted
by reference: 1998 DEIS/FEIS, and environmental documents from 2004, 2005,
2006, and 2007 environmental review.
2009 Port Hadlock UGA Sewer Facility Plan(2008) ("Sewer Plan") incorporated into
the County's Comprehensive Plan Capital Facilities Element("CFE")to comply
with the Growth Board's decision fmding noncompliance with the County's
Urban Growth Area("UGA") and GMA capital facilities planning. Ordinance
No. 03-0323-09 (Re: MLA09-00024, UGA Final Compliance Action).
2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted
by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005,
2006, 2007, 2008, "and all supplementary information...supporting record,
analyses, materials."
2010 Integrated GMA/SEPA Addendum Staff Report, September 2010.
2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted
by reference all previous SEPA documents.
2015 Staff Report& SEPA Environmental Review, Proposal to Amend Unified
Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated
Growth Management Act/State Environmental Policy Act Analysis,
Environmental Review of a Non-Project Action.
2018 Jefferson County Comprehensive Plan Update 2018 SEPA Addendum to 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact
Statements and subsequent Supplemental EISs and Addenda. April 4, 2018.
2021 SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting
SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement("Final EIS"), May 27,
1998 and associated SEPA documents. These SEPA documents were adopted
and the additional information was determined not to involve significant new
impacts. A Determination of Significance and Notice of Adoption was published
on February 28, 2021.
2021 Port Hadlock UGA Sewer Facility Plan Update and Appendices(Feb. 2021).
The revisions to the Sewer Plan mostly related to funding, engineering
specifications (low pressure system with grinders), and minor modifications to
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the core service area. The revisions allowed the County to implement sewering
the core service area within six years. A Comprehensive Plan Amendment
MLA20-00102) was adopted for the updated Sewer Plan in Ordinance No. 01-
0426-21, when the 2020 Comprehensive Plan Docket was approved. Ordinance
No. 01-0426-21 included a SEPA review through a staff issued Addendum to
the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental
Impact Statements ("EIS") and subsequent Supplement EISs, and a SEPA
Checklist and Addendum that addressed the 2020 Docket items, including the
proposed revisions to the Comprehensive Plan.
2022 Staff Report& SEPA Environmental Review to establish regulations for the
siting, establishment, and operation of temporary housing facilities for unhoused
people needing emergency housing services. Proposal to Amend Unified
Development Code chapter 18.20 JCC Performance & Use-Specific Standards,
chapter 18. 10 JCC Definitions. Integrated Growth Management Act/State
Environmental Policy Act Addendum. April 20, 2022.
2022 Staff Report& Environmental Review, Proposal to Amend Unified
Development Code (UDC) Jefferson County Code (JCC) 18. 12: `Legal Lot of
Record Determination and Lot Consolidation' and Amendments to chapters
18.10 and 18.35 JCC. Integrated Growth Management Act(GMA)/State
Environmental Policy Act (SEPA)Addendum. August 24, 2022.
2U 23 2023 Comprehensive Plan Amendment Docket, Staff Report and SEPA
Addendum. Integrated Growth Management Act/State Environmental Policy
Act Document, Environmental Review of a Non-Project Action: Addendum to
Existing Environmental Documents. October 11, 2023.
An agency may use previously prepared environmental documents to evaluate proposed
actions, alternatives, or environmental impacts. The proposals may be the same as or different
than those analyzed in the existing documents (WAC 197-11-600(2)). This ordinance is within
the scope of the previously prepared environmental documents.
Section 11. Effective Date: Except as provided in(a) of this section, this ordinance shall take
effect immediately upon adoption.
a) Port Townsend UGA boundary amendment as adopted in Appendix B shall take
effect 60 days after the date of publication notice of adoption.
SIGNATURES FOLLOW ON NEXT PAGE)
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APPROVED and ADOPTED this 9 day of j, re,,, r 2024.
SEAL: JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
0",,,..
o,“,„, Approved telephonically
SON
rr' ijiptiG Kate Dean, h12inf e.-
4 ` :
U0
SEAL s
N SEA, reg Brot erton, Mem
O '••...... G ate• jk '%--
I .ttt Heidi Eisenhour, Member
ATTEST: APPROVED AS TO FORM:
f' 6 0/21 ak4
Caroly allaway, CMC Date Philip C. Hunsuc er,Date /Z//O/Z..,L
Chief Civil Deputy Prosecuting Attorney
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12
ATTACHMENT 1--Summary Comprehensive Plan and/or Title 18 JCC 2024
Amendments
Comprehensive Plan and UDC Amendment Proposals for 2024
Annual Amendment Cycle
Item Code Section Description
Appendix A-Exhibit 1 Ch. 18.19 JCC Adds specificity on application of urban
standards and transitional standards by referring
to official maps and reference to sewer code in
Title 13 JCC; outlines conditions and process for
development of on-site septic system; and when
sewer connection is required.
Appendix A-Exhibit 2 Ch. 18.35 JCC New unit lot subdivision code.
Appendix A-Exhibit 3 Ch. 18.10 JCC Definitions for “emergency housing”,
“emergency shelter”, “permanent supportive
housing”, “townhouse”, “transitional housing”,
“unit lot subdivision”, and “zero lot line”.
Appendix A-Exhibit 4 Ch. 18.18 JCC Updates CP references, adds multifamily
housing uses, setback amendment, sewer
phasing language, Administrator discretion with
parking standards.
Appendix A-Exhibit 5 Title 13 JCC Amendments for consistency with chapter 18.18
JCC, when connection is required.
Appendix A-Exhibit 6 JC 15.05.047 Adds new section for automatic fire-
extinguishing systems, when required.
Appendix B Comprehensive
Plan Amendments
and Maps
Add new and updated language for
unincorporated PTUGA and the before and after
maps.
Appendix C-Exhibit 1 JCC 18.10.060 Updates definition of “Family”
Appendix C-Exhibit 2 Chapter 18.10
JCC.
New definition “Congregate Living Facilities
(nontransient)”
Appendix C-Exhibit 3 JCC 18.15.040 Adds congregate living facilities to use table 3-
1.
Appendix C-Exhibit 4 JCC 18.15.485 Clarifies calculation of dwelling unit density to
add accessory dwelling unit yield.
Appendix D-Exhibit 1 Comprehensive
Plan and Ch. 18.15
JCC
Adds new and updated language for expanded
Airport Overlay III.
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Appendix A, Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE/PORT HADLOCK URBAN GROWTH
AREA
13
Appendices: UDC Amendments
Chapter 18.19
TRANSITIONAL RURAL DEVELOPMENT STANDARDS OF THE IRONDALE
AND /PORT HADLOCK URBAN GROWTH AREA1
Sections:
18.19.100 Purpose.
18.19.110 Applicability.
18.19.120 Interim on-site septic systems.
18.19.130 Rural development standards.
18.19.140 Mini-storage facilities prohibited.
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under Chapterchapter 18.18 JCC in the
Phase 1 area prior to initial startup of the PHUGA sewer system.
18.19.100 Purpose.
The purpose of this chapter is to provide clarity to which zoning designation and development
standards are applied during the transitional period of providing sewer facilities to the Irondale
and Port Hadlock Urban Growth Area (PHUGA). Sewer service availability is the
determinative factor of whether urban development standards or transitional rural
development standards will apply. [Ord. 9-09 § 2 (Exh. B)]
18.19.110 Applicability.
(1) Effective as of March 23, 2009, the effective date of adoption of Ordinance No. 03-
0323-09, March 23, 2009, Jefferson County shall will apply transitional rural zoning
in the Irondale and /Port Hadlock Urban Growth Area for parcels that do not yet have
sewer available. The transitional rural zoning is depicted on the map Irondale and Port
Hadlock UGA Transitional Rural Zoning, found in the UGA Element, Figure 2-
1aExhibit 1-21, Jefferson County Comprehensive Plan (2018).
(2) Jefferson County maintains a Geographic Information Systems (GIS) database, which
is updated periodically. Official Maps are updated by the department of community
development and filed with the Jefferson County Auditor’s Office, as required by JCC
18.05.100. No later than 30 days after the department of community development files
any update of the Official Maps with the Jefferson County Auditor’s Office, the
director shall cause the Official Maps to be updated in the GIS database.
(1)(3) The allowable uses are specified in Chapterchapter 18.15 JCC and JCC
18.15.40, Table 3-1 or in JCC 18.18.040, Table 3A-1. [Ord. 9-09 § 2 (Exh. B)]
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Appendix A, Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE/PORT HADLOCK URBAN GROWTH
AREA
14
18.19.120 Interim on-site septic systems.
(1) (1) If the proposed use or major modification is located within the Irondale and Port
Hadlock Urban Growth Area where sewers are not available as described in title 13
JCC, outside of a phased sewer service area where sewers are available, then
transitional rural development standards in this chapter apply. For any nNew
development or redevelopment where sewers are not available as described in title 13
JCC, using an existing (as of date of adoption of Chapter 18.18 JCC) approved on-site
or community/group system may be allowed; provided, that no expansion of the
capacity of on-site system is needed to serve the redevelopment; and provided, that the
public sewer system is not yet available to the property, as defined in subsection (4) of
this section. Tthe property owner shall install must construct an on-site septic system
consistent with the requirements of Chapterchapter 8.15 JCC. For system within ,
development within identified critical aquifer recharge areas, as identified in Article
III of Chapterchapter 18.22 JCC, the property owner and shall satisfy all of also meet
the requirements of JCC 18.30.180, Oon-site sewage disposal best management
practices in critical aquifer recharge areas.
(1) (2) Conditions to Interim On-Site Septic Systems and Connection to Future Sewer
Service. If an on-site sewageseptic system is proposed for placement in the Irondale
and Port Hadlock Urban Growth Area planned and adopted 20-year sewer service area,
for interim use prior to sewer availability, the property owner shall sign an agreement
with the operator of the Port Hadlock UGA sewer utility (see JCC 13.01.070) agreeing
that the property shall be connected to the PHUGA sewer system county shall issue
any approval for the septic system with a condition that it be decommissioned and the
property connected to the sewer system within one year of sewer availability as
described in JCC 18.18.060(4)(a) and JCC 13.04.010. Concurrently with the
connection of the property to the PHUGA sewer system, but no later than 90 days after
connection of the property to the PHUGA sewer system, the on-site sewage system
shall be decommissioned in accordance with WAC 246-272A-0300., defined as when
the sewer extension is within 200 feet of the closest property line. Such on-site septic
systems shall be professionally sited, designed, installed, monitored and maintained
according to the following criteria:
(a) Meeting the requirements of the Jefferson County health department, Washington
State Department of Health, or Washington State Department of Ecology, as
appropriate.
(b) Consider advanced forms of pretreatment prior to discharge into the soil.
(c) Consider proprietary pretreatment devices to refine high strength commercial
wastes prior to soil treatment and disposal.
(d) Disinfection prior to disposal into more sensitive environments.
(2) (e) System maintenance and monitoring by certified professionals under a program
managed by the Jefferson County health department The agreement shall be recorded
. with the Jefferson County Auditor’ Office.
(3) (3) No Protest Agreement. In addition, as a condition of development approval and for
all property owned by the same owner in a local improvement district (LID), the owner
shall sign an agreement not to protest a future LID or other pro rata sharing of costs to
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Appendix A, Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE/PORT HADLOCK URBAN GROWTH
AREA
15
construct and extend public sewer to the property within the next 20 years, as part of
the urban level of service phasing plan in the capital facilities plan for the PHUGA.
(4) (4) Interpretations. Within this section, “new development” and “major modification”
means any development that requires wastewater/sanitary sewer provisions which
cannot be met with an existing system. Nothing in this section shall be construed as
prohibiting the placement of an on-site septic system in the UGA, unless the property
is located within 200 feet of an existing sewer service area which has capacity to
accommodate the proposed development. [Ord. 9-09 § 2 (Exh. B)]
18.19.130 Rural development standards.
For rural development allowed in this chapter, development shall be consistent with the
following Uniform Development Code chapters:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts (except as
specified in JCC 18.19.140)
18.20 Performance and Use-Specific
Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
18.40 Permit Application and Review
Procedures/SEPA Implementation
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (Appx. B); Ord. 9-09 § 2 (Exh. B)]
18.19.140 Mini-storage facilities prohibited.
(1) Mini-storage facilities shall not be allowed in rural commercial areas within UGA planning
area, except as allowed below. Mini-storage facilities are not allowed in order to prevent land
uses in those rural commercial areas which are, by their nature, inconsistent with the goals of
the future UGA that are to promote employment, affordable housing, retail choices, better
water management, public health, and environmental protection that are made possible by
developing urban sewer service. For the purposes of this chapter, Table 3-1, JCC 18.15.040,
allowable and prohibited uses for mini-storage facilities shall be as follows, to show that
whereas they may be allowed in other similarly-designated rural commercial areas in the
county, mini-storage facilities are not allowed in the rural commercial areas found within the
planning area for the Irondale and Hadlock UGA:
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Appendix A, Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE/PORT HADLOCK URBAN GROWTH
AREA
16
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inhold
ing
1
D
U/
5
Ac
res
1
DU
/10
Ac
res
1
DU
/20
Ac
res
Ru
ral
Vill
age
Ce
nte
r
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indu
strial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indu
strial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indu
strial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Had
lock
Urb
an
Gro
wth
Are
a
Spe
cific
Lan
d
Use AG
CF/RF
/IF
R
R
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
Min
i-
stor
age
facil
ities
No No No No No No No No No No No No No No No See
Cha
pter
18.1
8
JCC
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Appendix A, Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND /PORT HADLOCK URBAN
GROWTH AREA
17
(2) Exception. Expansion of existing mini-storage facilities may be allowed if:
(a) They are consistent with the requirements of this title including Table 3-1 found at
JCC 18.15.040.
(b) Mini-storage infill may only be allowed on parcels that contain the existing mini-
storage.
(c) Boundary line adjustments are not allowed to increase the size of the existing parcel
to accommodate expansions of mini-storage proposals.
(d) This exception applies only to lands containing existing mini-storage as they exist on
the effective date of this control. [Ord. 9-09 § 2 (Exh. B)]
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under Chapterchapter 18.18 JCC in the Phase 1
area prior to initial startup of the PHUGA sewer system.
(1) Prior to availability of the Port Hadlock urban growth area sewer system (“PHUGA sewer
system”), the director may, in their sole discretion, accept any application for processing under
JCC Title title 15 JCC or this title in which the applicant desires connection to or anticipates
a requirement to connect to the PHUGA sewer system, under the following circumstances:
(a) The director of public works confirms that the applicant’s proposal will be eligible for
connection, or will be required to connect, to the PHUGA sewer system when the sewer
becomes operational;
(b) The applicant’s project is consistent with the urban growth area planning designation
for the Port Hadlock UGA contained in the Comprehensive Plan and implementing
development regulations in Chapterchapter 18.18 JCC, which will be in effect when the
sewer system is operational and available to the property; and
(c) The applicant agrees to assume the risk of starting project permitting prior to the date
at which the PHUGA sewer system is fully operational and available to applicant’s
property, and agrees to a tolling of the time periods otherwise required by this title that
may be exceeded as a result of the following possible delays:
(i) The time necessary to complete installation of the sewer system connection to the
applicant’s property; and
(ii) The time necessary for the sewer system to be declared operational.
(2) Authorization to submit a development application shall be conditioned on the following
requirements:
(a) The applicant signs an acknowledgement that:
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DEVELOPMENT STANDARDS OF THE
IRONDALE AND /PORT HADLOCK URBAN
GROWTH AREA
18
(i) Installation of the sewer system in the Port Hadlock UGA is a major public works
project for which schedule delays are foreseeable, despite best efforts;
(ii) Commencement of construction will not be granted for any project reviewed
pursuant to this section until the director of the department of public works provides
an authorization stating that the county has executed a contract for construction of the
pressure sewer to the applicant’s property and providing a projected timeline for
completion of the sewer connection; and
(iii) A certificate of occupancy will not be issued for any project reviewed pursuant
to this section until the sewer connection to the applicant’s property is completed and
the PHUGA sewer system is declared operational by the department of public works;
(b) The applicant signs a document containing the following provisions:
(i) An agreement of assumption of risk and waiver of any damages resulting from a
delay in commencement of construction or receipt of a certificate of occupancy as
required by subsection (2)(a) of this section; and
(ii) An agreement any time period set in this title, including but not limited to the 120-
day time period and JCC 18.40.300, will be tolled during the following possible
delays:
(A) The time necessary to complete installation of the sewer system connection to
the applicant’s property; and
(B) The time necessary for the sewer system to be declared operational.
(3) No application submitted pursuant to this section will vest pursuant to JCC 18.40.320, if
vesting is authorized by state law to that type of application, until the development regulations
contained in Chapterchapter 18.18 JCC are in effect on the land and a fully complete
application is on file with DCD. [Ord. 11-23 § 8 (Att. A)]
1 Note: When sewer service is available, refer to Chapterchapter 18.18 JCC. Effective as of the date
of adoption of Ordinance No. 03-0323-09, March 23, 2009, Jefferson County will apply urban
standards to parcels where sewer is available. The applicable map for Irondale and Port Hadlock UGA
Zoning is found in the UGA Element, Exhibit 1-22Figure 2-1, Jefferson County Comprehensive Plan
(2018) and the applicable density standards and development requirements when sewer is available
are found in Chapterchapter 18.18 JCC.
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Chapter 18.35
LAND DIVISIONS
Sections:
Article I. General Provisions
18.35.010 General authority.
18.35.020 Purpose.
18.35.030 Applicability.
18.35.040 Exemptions.
18.35.050 Violations – Penalties.
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
18.35.070 Application submittal and contents.
18.35.080 Review process and criteria.
Article III. Short Subdivisions
18.35.090 Scope.
18.35.100 Application submittal and contents.
18.35.110 Preliminary short plat preparation.
18.35.120 Preliminary short plat contents.
18.35.130 Short plat approval criteria.
18.35.140 Short plat review process.
18.35.150 Modifications to an approved preliminary short plat.
18.35.160 Surety.
18.35.170 Director of the department of public works certificate of improvements.
18.35.180 Final short plat requirements.
18.35.190 Accompanying documents – Final short plat.
18.35.200 Final short plat approval.
18.35.210 Time limitation on final short plat submittal.
18.35.220 Effect of an approved final short plat – Valid land use.
18.35.230 Distribution of copies and filing of final short plat.
18.35.240 Transfer of ownership following short plat approval.
18.35.250 Building and occupancy permits – Issuance after final short plat approval.
18.35.260 Accumulative short plats.
Article IV. Long Subdivisions
18.35.270 Scope.
18.35.280 Application submittal and contents.
18.35.290 Preliminary plat – Preparation.
18.35.300 Preliminary plat – Contents.
18.35.310 Approval criteria.
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18.35.320 Preliminary long plat review process.
18.35.330 Preliminary plat approval – Phased development.
18.35.340 Modifications to an approved preliminary plat.
18.35.350 Surety.
18.35.360 Director of public works certificate of improvements.
18.35.370 Preparation of a final long plat.
18.35.380 Accompanying documents – Final long plat.
18.35.390 Final long plat application.
18.35.400 Time limitation on final long plat submittal.
18.35.410 Effect of an approved final long plat – Valid land use.
18.35.420 Distribution of copies and filing of final long plat.
18.35.430 Transfer of ownership following final long plat approval.
18.35.440 Building and occupancy permits – Issuance after final long plat approval.
Article V. Binding Site Plans
18.35.450 Purpose.
18.35.460 Scope.
18.35.470 Condominiums.
18.35.480 Application submittal and contents.
18.35.490 Binding site plan approval criteria.
18.35.500 Binding site plan review process.
18.35.510 Binding site plan development standards.
18.35.520 Modifications and vacations.
18.35.530 Distribution of copies and filing.
18.35.540 Time limit.
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
18.35.560 Effect of final binding site plan approval.
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
18.35.580 Transportation and drainage standards.
18.35.590 Responsibility for road improvements.
18.35.600 Health standards.
18.35.610 Fire and utility standards.
18.35.620 Plan review, inspection and fees.
18.35.630 Release of improvement guarantee.
18.35.640 Floods and flood control.
18.35.650 Additional requirements.
18.35.660 Phased subdivision.
Article VII. Plat Alteration
18.35.670 Purpose.
18.35.680 Application submittal and contents.
18.35.690 Review process and criteria.
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Article VIII. Boundary Line Agreements
18.35.700 Purpose.
18.35.710 Application submittal and contents.
18.35.720 Review process and criteria.Article IX. Unit Lot Subdivisions
Article I. General Provisions
18.35.010 General authority.
This chapter of the Jefferson County Unified Development Code is adopted under the
authority of Chapterchapter 58.17 RCW. [Ord. 8-06 § 1]
18.35.020 Purpose.
The purpose of this chapter is to regulate the division of land lying within Jefferson County,
and to promote the public health, safety, and general welfare in accordance with the standards
established by the state of Washington and Jefferson County, and to:
(1) Prevent the overcrowding of land;
(2) Lessen congestion and promote safe and convenient travel by the public on sidewalks,
pathways, streets and highways;
(3) Promote the efficient use of land;
(4) Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools,
parks, recreational areas, fire protection and other capital requirements;
(5) Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate
legal description;
(6) Facilitate the expeditious processing of development applications through the adoption of
clear, predictable and uniformly applied land division regulations; and
(7) Implement the goals, policies and substantive requirements of the Washington State
Growth Management Act (Chapterchapter 36.70A RCW) and the Jefferson County
Comprehensive Plan. [Ord. 8-06 § 1]
18.35.030 Applicability.
(1) This chapter applies to the division of land into four parcels for short subdivisions and of
five or more parcels for long subdivisions. This chapter further applies to boundary line
adjustments and binding site plan review and regulation.
(2) Property boundary lines separating two or more lots of record may be adjusted only under
the specific provisions set forth in this chapter.
(3) The process for resubdivision, alteration and vacation of any existing subdivision is
identical to the process for initial subdivision. All such subdivision applications shall conform
with the applicable sections in this chapter governing the subdivision of property into lots,
tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria
set forth in RCW 58.17.212, as now adopted or hereafter amended.
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(4) Where this chapter imposes greater restrictions or higher standards upon the development
of land than other provisions of this code, laws, ordinances or restrictive covenants, the
provisions of this chapter shall prevail.
(5) Pursuant to Chapterchapters 79.125 and 58.17 RCW, tidelands boundaries that are
coincident with state-owned aquatic lands may not be altered in any fashion under this section.
[Ord. 11-23 § 8 (Att. A); Ord. 8-06 § 1]
18.35.040 Exemptions.
This chapter does not apply to the following:
(1) Divisions of land into lots, tracts or parcels each one of which is one-sixteenth of a section
of land or larger, or 40 acres or larger if the land is not capable of description as a fraction of
a section of land; provided, that for purposes of computing the size of a lot that borders on a
street or road, the lot size shall be expanded to include that area that would be bounded by the
center line of the street or road and the side lot lines of the lot running perpendicular to such
center line; and provided further, that within the commercial forest district (i.e., CF-80), each
lot, tract or parcel shall be at least 80 acres in size;
(2) Cemeteries and burial plots while used for that purpose;
(3) Divisions of land made by testamentary provisions or the laws of descent; provided, that
this exemption shall not be construed to permit inter vivos transfers, and provided further, that
any structure or use on the property must comply with all other applicable county regulations;
and
(4) Divisions of land relating to the acquisition of a fee simple interest in land by public
agencies, including, but not limited to, divisions made for road or public right-of-way
conveyance or widening purposes. This exemption shall not be construed to include
acquisitions of easements. [Ord. 8-06 § 1]
(5) Boundary line agreement to resolve any dispute between two or more parcels of real
property where the boundaries cannot be identified from the existing public record,
monuments, and landmarks, provided such agreement shall be executed in conformance with
RCW 58.04.007.
18.35.050 Violations – Penalties.
(1) Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent
of any person, firm, corporation or association who sells, offers for sale, leases, or transfers
any lot, tract, or parcel of land prior to compliance with this chapter is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by
imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment.
Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel
of land in violation of any provision of this chapter is deemed a separate and distinct offense.
If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel
of land following preliminary approval of a short plat or long plat, but prior to final plat
approval, is expressly conditioned on the recording of the final plat containing the lot, tract or
parcel under this chapter, the offer or agreement does not violate any provision of this chapter.
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All payments on account of an offer or agreement conditioned as provided in this chapter shall
be deposited in an escrow account and no disbursements to sellers are permitted until the final
plat is recorded. This prohibition of property transfers prior to compliance with this chapter
shall apply equally to transfers prior to completion of short subdivisions, long subdivisions
and binding site plans.
(2) JCC Title Title 19 JCC Applicable. In addition to the penalties provided in this section, all
violations of any provision of this chapter or any incorporated standards, or conditions of any
permit issued hereunder, are subject to the provisions of JCC Title title 19 JCC. The
administrator is authorized to enforce the provisions of this chapter in accordance with JCC
Title title 19 JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long
subdivision, or binding site plan fails and refuses to install required improvements in the time
required by any preliminary or final approval, the county may withhold further building or
other development permits, make demand against any bonds, collect monies deposited in
escrow to secure installation of improvements, initiate a local improvement district, or take
such other action as may be necessary to cause the improvements to be made. [Ord. 9-20 § 2
(Appx. B); Ord. 8-06 § 1]
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines between platted or unplatted lots, tracts
or parcels, or both in order to:
(a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a
buildable lot or for any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c) Achieve increased setbacks from property lines or critical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act,
Chapterchapter 58.09 RCW and Chapterchapter 332-130 WAC.
(2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan
or division as defined in Chapterchapter 18.10 JCC;
(b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as
a buildable lot as defined in Chapterchapter 18.10 JCC;
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(c) An adjustment that crosses zoning district boundaries. Adjustments may be allowed
across different rural residential densities;
(d) Be inconsistent with any restrictions or conditions of approval for a recorded short plat
or long plat; or circumvent the short subdivision or long subdivision procedures set forth
in this chapter.
(3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose
of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in
all cases be considered a minor adjustment of boundary lines and shall not be subject to the
short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not
require a survey or soil evaluation.
(4) Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall
be considered a single site and no lot lines on the site may be altered by a boundary line
adjustment to separate lots to another property not included in the original site plan of the
subject development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the
adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered
minor adjustments and shall not require a soil evaluation.
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary
line adjustment process, those lots shall not be permitted to use the boundary line adjustment
process again for five years with the exception of lot consolidations, testamentary divisions,
civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or
more property owners for the purpose of settling a dispute. [Ord. 9-22 § 4 (Appx. C); Ord. 14-
18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the
following:
(1) Applications for boundary line adjustments shall be made on forms provided by the
Jefferson County department of community development and shall be submitted to the
department of community development, along with the appropriate fees established under the
Jefferson County fee ordinance;
(a) A single application may be submitted for multiple BLAs for adjacent parcels, lots,
tracts or sites within a binding site plan. However, standard application fee(s) shall apply
to each BLA after the first two per additional parcel, lot, tract or site;
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the
number of resulting parcels or lots;
(2) A completed land use permit application form, including all materials required pursuant
to Chapterchapter 18.40 JCC;
(3) A digital copy of a clean and legible drawing suitable for recording showing the following:
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(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken
lines;
(c) The location and dimensions of all structures/improvements existing upon the affected
lots, tracts or parcels and the distance between each such structure/improvement and the
proposed boundary lines, with structures proposed to be removed from the site depicted
with broken lines and structures to remain on the site depicted with solid lines;
(d) A north arrow indication and scale;
(e) All assessor’s tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
(g) The location and dimensions of any easements within or adjacent to any affected lots,
tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or
platted streets or roads, whether public or private, and other public ways within or adjacent
to the affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
(j) The existing on-site sewage system components and reserve areas and the proposed
location for on-site sewage systems and soil test pits for all affected lots that are not
currently served by an on-site sewage system or other approved wastewater treatment
system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(l) The approximate location and extent of any critical areas identified in Chapterchapter
18.22 JCC. The following notice will be recorded on the drawing when the parcels that
are part of the boundary line adjustment include, or are adjacent to, critical areas:
Notice to Public: Current Jefferson County geographic information systems
(GIS) maps identify the presence of a critical area such as stream, wetland,
flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat,
shoreline, etc., lying within and/or adjacent to the revised parcels encompassed
by this Boundary Line Adjustment. Prior to any land disturbing activity or
construction activity, applicant/owner shall contact the Jefferson County
department of community development regarding compliance for such critical
areas. Approval of this Boundary Line Adjustment does not guarantee a
buildable site within said parcel(s). Such determination is dependent on
approvals of water, septic, bulk and dimensional setbacks, and critical area
requirements.
(4) The original legal description of the entire property together with new separate legal
descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing
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parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include
on the face a formal legal declaration of the boundary line adjustment, signed and notarized
by all legal owners of the subject properties. In cases where the property has not been
surveyed, the following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your
request for a Boundary Line Adjustment (BLA) has been approved. Since no
survey was submitted as part of your BLA application, the County accepts no
liability for what facts a survey might have revealed. A survey might have
revealed that a structure or improvement believed to be on the applicant’s
property is, in fact, located wholly or partially upon someone else’s property or
upon property that is not the subject of this BLA. But in the absence of a survey,
the applicant bears sole responsibility if such a problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or
planned rural residential development (PRRD) agreements pertaining to or affecting the
property; and
(6) If applicable, the applicant shall provide written verification from the Jefferson County
department of environmental health that the lots, tracts, parcels or sites, as each would exist
after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal
system. The location of soil logs must be shown on the drawing to show land area sufficient
to meet environmental health requirements for each resultant lot, tract, or parcel that does not
contain a dwelling.
This requirement shall be waived for resultant parcels that have limited the use of the resultant
parcel to agriculture, forestry, or open space through conservation easements, restrictive
covenant, or similar legal arrangement. The open space tax program shall not be used to fulfill
this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security
interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title
of said parcels. Such individuals or corporations shall sign and approve the final survey
prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the properties to be adjusted with a description
of purpose and referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) policy may be required by the director of the
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department of public works. [Ord. 9-22 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 8-
06 § 1]
18.35.080 Review process and criteria.
(1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson
County assessor.
(2) Based on any comments solicited and received from the department of public works, the
department of environmental health or other applicable departments and agencies, the
administrator shall approve the proposed boundary line adjustment only upon finding that the
adjustment would not:
(a) Create any additional lot, tract, parcel, or site within a binding site plan or division or
relocate any lot, tract, parcel, or site within a binding site plan or division to another parent
parcel;
(b) Result in the creation of a lot which is not a buildable lot, unless such lot is restricted
by recorded instrument acknowledging the lot is for the purpose of conservation, open
space, or other similar purpose;
(c) Result in a lot, tract, parcel, site within a binding site plan or division that results in
insufficient area or dimension to meet water availability and the minimum requirements
for area and dimension as set forth in Chapterchapter 18.15 JCC and state and local health
codes and regulations;
(d) Diminish or impair drainage, water supply, existing sewage disposal, and access or
easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel,
site (i.e., within an approved binding site plan), or division;
(e) Diminish or impair any public or private utility easement or deprive any parcel of
access or utilities;
(f) Diminish or impair the functions and values of critical areas designated under
Chapterchapter 18.22 JCC, or create an unsafe or hazardous environmental condition;
(g) Create unreasonably restrictive or hazardous access to the property;
(h) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of
an existing lot, tract or parcel relative to Chapterchapter 18.15 JCC;
(i) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the
conditions of approval for any short or long subdivision; or
(j) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception
of an adjustment across rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be
prepared by a licensed land surveyor in accordance with Chapterchapter 58.09 RCW and
Chapter chapter 332-130 WAC. The document shall contain a land surveyor’s certificate and
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a recording certificate. The final page of the record of survey document shall contain the
following signature blocks:
(a) The Jefferson County assessor’s office, to be signed by the Jefferson County assessor
or their designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and
referenced by auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A
BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6).
IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS,
PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON
SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY
PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE
BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS,
PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA
AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A
BUILDING SITE.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before
approval of any boundary line adjustment.
(6) Applications for boundary line adjustments shall be processed according to the procedures
for Type I land use decisions established in Chapter 18.40 JCC. [Ord. 9-22 § 4 (Appx. C);
Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
Article III. Short Subdivisions
18.35.090 Scope.
Any land being divided into four or fewer lots, tracts or parcels that has not been divided
through a short subdivision within the previous five years shall meet the requirements of this
article. Land within an approved short subdivision may not be further divided in any manner
within a period of five years without the filing of a long plat. However, when a short plat
contains fewer than four parcels, the owner of the short plat may file an alteration within the
five-year period to create up to four lots within the boundaries of the original short plat;
provided, that the parcel is not held in common ownership with a contiguous parcel which has
been subdivided within the preceding five years. [Ord. 8-06 § 1]
18.35.100 Application submittal and contents.
To be considered complete, applications for short subdivisions shall include the following
information:
(1) Applications for short subdivisions shall be made on forms provided by DCD and shall be
submitted to DCD, along with the appropriate fees established under the Jefferson County fee
ordinance;
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(2) A completed land use permit application form, including all materials required pursuant
to Chapterchapter 18.40 JCC;
(3) A sworn certification by the applicant verifying whether the applicant has any interest in
any land adjacent to any portion of the subject property; such interest in land may be by reason
of ownership, contract for purchase by an agreement or option by any person, family member,
firm or corporation in any manner connected with the applicant or the development;
(4) The dimensions and area of each proposed lot, tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of
Chapterchapter 18.15 JCC; provided, that the area of land contained in access easements,
access panhandles or pipestem configurations shall not be included in the area computations;
(5) Five paper copies of a preliminary short plat meeting the standards of JCC 18.35.110 and
18.35.120;
(6) Where applicable, any special reports or studies required under Chapterchapter 18.22 JCC
(Critical Areas);
(7) A preliminary drainage plan prepared in a manner consistent with the requirements of
Chapterchapter 18.30 JCC, including any soil test information that may be deemed necessary
by the director of the department of public works;
(8) The estimated quantities of any fill to be expected from the site and imported to the site;
and
(9) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 11-23 § 8 (Att. A); Ord. 8-06 § 1]
18.35.110 Preliminary short plat preparation.
The preliminary short plat shall be prepared in accordance with the following requirements:
(1) The preliminary short plat shall be prepared by a Washington State licensed engineer or
land surveyor registered or licensed by the state of Washington. The preparer shall certify on
the short plat that it is a true and correct representation of the land actually surveyed. The
preparation of the plat shall comply with the Survey Recording Act, Chapterchapter 58.09
RCW and Chapterchapter 332-130 WAC as now adopted or hereafter amended. Upon
surveying the property, the surveyor shall place temporary stakes on the property to enable
the county to locate and assess features of the short plat in the field. The datum to be used for
all surveying and mapping shall be as follows: The projection name is the state plane; the
projection spheroid is GRS 1980; the coordinate system is Washington State Plane North
Zone; and the horizontal datum is NAD 83.
(2) All geographic information portrayed by the preliminary short plat shall be accurate,
legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location
sketch and typical roadway cross-sections may be drawn to any other appropriate scale.
(3) A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders,
and if more than one sheet is needed, each sheet shall be numbered consecutively and an index
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sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
index sheet showing the entire subdivision with road and highway names and block numbers
(if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified
size.
(4) The area of each proposed lot, tract or parcel on the short plat map shall accurately show
that each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements.
The area of land contained in access easements, access panhandles or pipestem configurations
shall not be included in the area computations. [Ord. 8-06 § 1]
18.35.120 Preliminary short plat contents.
(1) A preliminary short plat shall be submitted on one or more sheets and shall provide the
information described below. All specifications for required improvements shall conform to
the development standards contained in Chapterchapter 18.30 JCC.
(a) The name of the proposed subdivisions together with the words “Preliminary Short
Plat”;
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d) Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access
to the site for clearing and grading during site development or construction; and
(f) A form for the endorsement of the administrator, as follows:
APPROVED BY JEFFERSON COUNTY
______________________ ______
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property, roads, and other
major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary short plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
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(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lots of record which are to be vacated, and all existing property lines for any property
adjacent to the subject property which is under the same ownership as the property to be
subdivided (as described in JCC 18.35.110(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be divided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to the subdivision as part of the proposal (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision (if applicable);
(i) The location of any critical areas as described in Chapterchapter 18.22 JCC;
(j) The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well and associated setbacks existing within the proposed
subdivision;
(l) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet, labeled at intervals not to exceed 20
feet;
(n) The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of any proposed lots, tracts or parcels, the area and
dimensions of each proposed lot, tract or parcel, and the proposed identifying number or
letter to be assigned to each lot, tract or parcel, and block (if applicable);
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(b) The right-of-way location and width, the proposed name of each road, street or other
public way to be created and the estimated tentative grades of such roads; where roadways
may exceed the maximum allowable grade or alignment, the director of the department of
public works may require sufficient data, including centerline profiles and cross-sections,
if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement to be created;
(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelope, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water
system improvements, including fire hydrants (if applicable);
(j) Proposed location and description of all sewage disposal improvements, including (if
applicable) profiles and all pump stations and their connections to the existing system;
(k) Proposed location and description of all stormwater management improvements;
(l) Proposed road cross-sections, showing bicycle and pedestrian pathways, trails and
sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information, as deemed necessary, to satisfy any other regulatory requirements. The
administrator may also waive specific submittal requirements determined to be unnecessary
for review of an application. In such event, the administrator shall document the waiver in the
project file or log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.130 Short plat approval criteria.
In addition to the review criteria provided in Chapterchapter 18.40 JCC, the following criteria
are the minimum measures by which each proposed short subdivision will be considered:
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(1) Short subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the administrator that all of the following have been
satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
land use, environmental and health regulations and plans, including but not limited to the
following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets
and other public ways, potable water, transit facilities, sewage disposal, parks,
playgrounds, schools, sidewalks and other improvements to assure safe walking
conditions for students who walk to and from school;
(c) Approving the proposed short subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in
accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed
subdivision may be denied because of flood, inundation or swamp conditions. Where any
portion of the proposed short subdivision lies within both a flood control zone, as specified
by Chapterchapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway,
the county shall not approve the preliminary short plat unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
Chapterchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed short subdivision until flood control problems have been
resolved. [Ord. 8-06 § 1]
18.35.140 Short plat review process.
(1) An application for a short subdivision shall be processed according to the procedures for
Type II land use decisions established in Chapterchapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff, building official, school district in which the proposal is located, adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
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(3) Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC 18.35.130.
A proposed short plat shall only be approved when consistent with all the provisions of JCC
18.35.130.
(4) An applicant for a short subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Chapterchapter 18.40 JCC, and shall satisfy the criteria contained
in Article IV of Chapterchapter 18.40 JCC, Variances.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes must be paid before
the approval of a short subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.150 Modifications to an approved preliminary short plat.
(1) Minor modifications to a previously approved preliminary short plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in Chapterchapter 18.40 JCC; provided, that the modification does not involve any of the
following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the short subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application
approval; and
(c) The modification will not cause the short subdivision to violate any applicable county
policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section,
or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new
preliminary short plat application. [Ord. 8-06 § 1]
18.35.160 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
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not complete construction within one year, Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
18.35.170 Director of the department of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with the development
standards contained in Chapterchapter 18.30 JCC and any incorporated standards have been
received and approved by the director of the department of public works. All construction of
improvements shall be inspected and approved in conformance with the development
standards contained in Chapterchapter 18.30 JCC and any incorporated standards. After
completion of all required improvements or the guarantee of the construction of all required
improvements, the director of the department of public works shall submit a certificate in
triplicate to the administrator stating the required improvements or guarantees are in
accordance with the provisions of this chapter, the preliminary short plat, including the
county’s decision approving the short plat, and in accordance with the development standards
contained in Chapterchapter 18.30 JCC and any incorporated standards. The administrator
shall transmit one copy of the certification to the subdivider, together with a notice advising
the subdivider to prepare a final plat for the proposed short subdivision. The administrator
shall retain one copy of the certificate. [Ord. 8-06 § 1]
18.35.180 Final short plat requirements.
The applicant must submit a reproducible copy, plus five paper copies of the proposed final
short plat to the administrator. The reproducible copy of the approved final short plat will
contain the elements as described in JCC 18.35.120 and shall include certifications and other
requirements as provided in JCC 18.35.370 for long plats. [Ord. 8-06 § 1]
18.35.190 Accompanying documents – Final short plat.
(1) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within
a subdivision, a type written copy of such covenants, bearing all necessary signatures, shall
be submitted along with the final plat. Where the recordation of specific deed restrictions or
CC&R provisions have been required as a condition of preliminary plat approval, the
administrator shall approve and sign the deed restriction or CC&Rs prior to final plat approval.
(2) The final plat shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
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(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor’s file number and/or recording
number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) policy may be required by the director of the
department of public works.
(3) All maintenance, performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the approved improvement method
report to guarantee the acceptability and/or performance of all required improvements. [Ord.
8-06 § 1]
18.35.200 Final short plat approval.
The final short plat shall be approved by the administrator upon satisfaction of all conditions
of approval and all requirements as provided in this article and Article VI of this chapter. Final
approval of short plats by the Jefferson County board of county commissioners shall be
required. All final short plats shall be approved, disapproved or returned to the applicant
within 30 days of their filing, unless the applicant consents to an extension of time in writing.
[Ord. 8-06 § 1]
18.35.210 Time limitation on final short plat submittal.
Approval of a preliminary short plat shall expire unless the applicant submits a proposed final
plat in proper form for final approval within three years after preliminary approval. The
department of community development shall not be responsible for notifying the applicant of
an impending expiration. [Ord. 8-06 § 1]
18.35.220 Effect of an approved final short plat – Valid land use.
Any lots, tracts or parcels in a final short plat filed for record shall be a valid land use
notwithstanding any change in zoning for a period of five years from the date of filing. A
short subdivision shall be governed by the terms of approval of the final short plat, and the
statutes, ordinances and regulations in effect on the date of preliminary plat approval for a
period of five years after final short plat approval unless the Jefferson County board of
commissioners finds that a change in conditions creates a serious threat to the public health
or safety of residents within or outside the short subdivision. [Ord. 8-06 § 1]
18.35.230 Distribution of copies and filing of final short plat.
The administrator shall distribute the original and copies of the approved final short plat as
follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording; and
(2) One recorded paper copy shall be retained in the files of the department of community
development. [Ord. 8-06 § 1]
18.35.240 Transfer of ownership following short plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to short subdivisions, no person, firm, or corporation shall sell or transfer any
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such lot, tract or parcel without having first received final approval of the short plat and having
recorded the final short plat with the Jefferson County auditor. It is the responsibility of the
applicant to ensure that a final short plat is fully certified and filed for record with the Jefferson
County auditor prior to transferring ownership of any land. [Ord. 8-06 § 1]
18.35.250 Building and occupancy permits – Issuance after final short plat approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
18.35.260 Accumulative short plats.
Accumulative short plats are not permitted. The short subdivision process may not be used to
apply for a series of short plats within two years from any application, thereby circumventing
the long subdivision procedures. [Ord. 8-06 § 1]
Article IV. Long Subdivisions
18.35.270 Scope.
Long subdivisions, as processed under this article, shall include all divisions of land into five
or more lots, and shall require improvements so that any development will be in compliance
with this code and any other codes or ordinances which may apply. [Ord. 8-06 § 1]
18.35.280 Application submittal and contents.
To be considered complete, the application for a long subdivision shall include the following
information:
(1) The application for approval of a long subdivision shall be submitted to the department of
community development on forms to be provided by the department along with the
appropriate fees established by the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Chapterchapter 18.4018.40 JCC;
(3) The area and dimensions of each proposed lot, tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of
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Chapterchapter 18.15 JCC. The area of land contained in access easements, access panhandles
or pipestem configurations shall not be included in the area computations;
(4) Five paper copies of a preliminary plat meeting the standards and requirements of JCC
18.35.290 and 18.35.300JCC 18.35.290 and 18.35.300;
(5) Where applicable, any special reports or studies required under Chapterchapter 18.15 JCC,
prepared in accordance with the requirements of Article VI-K of Chapterchapter 18.15 JCC;
(6) A preliminary drainage plan prepared in a manner consistent with the requirements of
Chapterchapter 18.30 JCC, including any soil test information as may be deemed necessary
by the director of the department of public works;
(7) The estimated quantities of any fill to be exported from the site and imported to the site;
and
(8) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 8-06 § 1]
18.35.290 Preliminary plat – Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
(1) The preliminary plat shall be prepared by a Washington State licensed engineer or land
surveyor registered or licensed by the state of Washington. The preparer shall certify on the
plat that it is a true and correct representation of the lands actually surveyed. The preparation
of the plat shall comply with the Survey Recording Act, Chapterchapter 58.09 RCW and
Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property,
the surveyor shall place temporary stakes on the property to enable the county to locate and
assess features of the long plat in the field. The datum to be used for all surveying and mapping
shall be as follows: The projection name is the state plane; the projection spheroid is GRS
1980; the coordinate system is the Washington State Plane North Zone; and the horizontal
datum is NAD 83.
(2) All geographic information portrayed by the preliminary plat shall be accurate, legible and
drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and
typical roadway cross-sections may be drawn to any other appropriate scale.
(3) A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders,
and if more than one sheet is needed, each sheet shall be numbered consecutively and an index
sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
index sheet showing the entire subdivision with road and highway names and block number
(if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size.
(4) The area of each proposed lot or parcel depicted on the long plat map shall accurately
show that each lot, tract or parcel contains sufficient area to satisfy minimum zoning
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requirements. The area of land contained in access easements, access panhandles or pipestem
configurations shall not be included in the lot size computations. [Ord. 8-06 § 1]
18.35.300 Preliminary plat – Contents.
(1) A preliminary plat shall be submitted on one or more sheets and shall provide the following
information. All specifications for public improvements shall conform to the standards
contained in Chapterchapter 18.30 JCC, including any standards incorporated therein:
(a) The name of the proposed subdivision together with the words “Preliminary Plat”;
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d) Numeric scale 50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access
to the site for clearing and grading during site development and construction; and
(f) A form for the endorsement of the administrator of the department of community
development, as follows:
APPROVED BY JEFFERSON COUNTY
______________________ ______
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property, roads, and other
major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lot of record which are to be vacated, and all existing property lines for any property
lying adjacent to the subject property which is under the same ownership as the property
to be subdivided (as described in JCC 18.35.290(3)) shall be shown in broken lines;
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(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be subdivided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to as part of the proposed subdivision (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision (if applicable);
(i) The location of any critical areas as described in Chapter chapter 18.22 JCC;
(j) The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well existing within the proposed subdivision;
(l) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet labeled at intervals not to exceed 20
feet;
(n) The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of all proposed lots, the area and dimensions of each
proposed lot, and the proposed identifying number or letter to be assigned to each lot
and/or block;
(b) The right-of-way location and width, the proposed name of each road, street, alley, or
other public way to be created and the estimated tentative grades of such streets; where
roadways may exceed the maximum allowable grade or alignment, the director of the
department of public works may require sufficient data, including centerline profiles and
cross-sections if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement created;
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(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelopes, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water
system improvements, including all proposed fire hydrants (if applicable);
(j) Proposed location and description of all sewage disposal improvements, including (if
applicable) profiles, and, if needed, all pump stations and their connections to the existing
system;
(k) Proposed location and description of all stormwater management system
improvements;
(l) Proposed road cross-sections, showing proposed bicycle and pedestrian pathways,
trails and sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information as needed to satisfy any other regulatory requirements. The administrator may
also waive specific submittal requirements determined to be unnecessary for review of an
application. In such event, the administrator shall document the waiver in the project file or
log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.310 Approval criteria.
In addition to the review criteria provided Chapter chapter 18.40 JCC, the following criteria
are the minimum measures by which each proposed subdivision will be considered:
(1) Long subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the county that all of the following have been satisfied:
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(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
land use, environmental and health regulations and plans, including, but not limited to,
the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets,
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools, sidewalks and other improvements that assure safe walking conditions for
students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed subdivision,
together with any practical means of mitigating adverse impacts, have been considered
such that the proposal will not have an unacceptable adverse effect upon the quality of the
environment, in accordance with the State Environmental Policy Act (SEPA)
implementing provisions contained within Chapter chapter 18.40 JCC and Chapter
chapter 43.21C RCW;
(d) Approving the proposed subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
(2) Notwithstanding approval criteria set forth in subsection (1) of this section, in accordance
with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be
denied because of flood, inundation or swamp conditions. Where any portion of the proposed
subdivision lies within both a flood control zone, as specified by Chapterchapter 86.16 RCW,
and either the 100-year floodplain or the regulatory floodway, the county shall not approve
the preliminary plat unless:
(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no
feasible alternative exists to locating lots and building envelopes within the 100-year
floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
Chapterchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed short subdivision until flood control problems have been
resolved.
(3) Pursuant to RCW 84.56.345 current year and any delinquent taxes must be paid before
approval of any subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.320 Preliminary long plat review process.
(1) An application for a full subdivision shall be processed according to the procedures for
Type III land use decisions established in Chapterchapter 18.40 JCC.
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(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff, building official, school district in which the proposal is located, adjacent jurisdictions
if the proposal is located within one mile of a city or other jurisdiction, Washington State
Department of Transportation, if the proposal is adjacent to a state highway, and any other
state, local or federal officials as may be necessary.
(3) Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC
18.35.310JCC 18.35.310. A proposed long subdivision shall only be approved when
consistent with all the provisions of JCC 18.35.310JCC 18.35.310.
(4) An applicant for a long subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Chapterchapter 18.40 JCC, and shall satisfy the criteria contained
in Article IV of Chapterchapter 18.40 JCC, Variances. [Ord. 8-06 § 1]
18.35.330 Preliminary plat approval – Phased development.
Where subdivision development is proposed in distinct phases, preliminary plat approval must
be granted for the entire subdivision. The plat map must delineate the separate divisions or
phases that are to be developed in increments. The preliminary approval is conditional upon
completion of the proposed phases in a particular sequence and may specify a completion date
for each phase. Final plat approval is granted for each separate phase of the preliminary plat.
Any changes in the development after preliminary approval will require approval in
accordance with JCC 18.35.320. [Ord. 8-06 § 1]
18.35.340 Modifications to an approved preliminary plat.
(1) Minor modifications to a previously approved preliminary long plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in Chapterchapter 18.40 JCC; provided, that the modification does involve any of the
following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the long subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
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(b) The modification will not violate the intent of the original conditions of application
approval; and
(c) The modification will not cause the long subdivision to violate any applicable county
policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section,
or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new
preliminary long plat application. [Ord. 8-06 § 1]
18.35.350 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
not complete construction within one year Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
18.35.360 Director of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with Chapterchapter
18.30 JCC and any incorporated standards have been received and approved by the director
of the department of public works. All construction of improvements shall be inspected and
approved in conformance with development standards contained in Chapterchapter 18.30 JCC
and any incorporated standards. After completion of all required improvements or the
guarantee of the construction of all required improvements, the director of the department of
public works shall submit a certificate in triplicate to the administrator stating the required
improvements or guarantees are in accordance with the provisions of this chapter, the
preliminary plat, including the county’s decision approving the plat, and in accordance with
the development standards contained in Chapterchapter 18.30 JCC and any incorporated
standards. The administrator shall submit one copy of the certification to the subdivider,
together with a notice advising the subdivider to prepare a final plat for the proposed
subdivision. One copy of the certificate shall be retained by the administrator. [Ord. 8-06 § 1]
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or
a Washington state licensed engineer.
(2) Six paper copies of the final long plat shall be submitted, measuring 18 inches by 24 inches
in size, allowing one-half inch for border.
(3) A final long plat shall contain the following information:
(a) The name of the subdivision;
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(b) Legal description of the property being subdivided;
(c) Numeric scale, graphic scale, true north point and date of preparation of the final plat;
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an
accurate traverse, with angular and linear dimensions and bearings;
(e) The exact location, width and name of all roads, streets, alleys and other public ways
within and adjacent to the subdivision;
(f) The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
(g) True courses and distances to the nearest established road lines, or sections or quarter
section corner monuments which shall accurately locate the subdivision;
(h) Section lines accurately tied to the lines of the plat by distances and courses;
(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet
and hundredths of feet;
(j) All house address numbers as assigned by the county;
(k) Delineation of the building envelope of each lot;
(l) The radii, internal angles, points of curvature, tangent bearings and lengths of arc;
(m) The accurate location of each permanent control monument;
(n) All plat meander lines or reference lines along bodies of water shall be established as
above, but not farther than 20 feet from the high water line of such body;
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purpose of such dedication or reservation and any limitations
indicated thereon and in dedication;
(p) Accurate outlines of any area to be reserved by the deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
(q) Any restrictions or conditions on the lots or tracts within the subdivision, as required
by the county or at the discretion of the property owner, including, but not limited to,
critical area buffers;
(r) The auditor’s file number of all documents and conveyances recorded with the
Jefferson County auditor associated with preliminary or final plat approval;
(s) The name and seal of the Washington State licensed land surveyor or Washington State
licensed engineer responsible preparation of the final plat, and a signed certification on
the plat by said surveyor to the effect that it is a true and correct representation of the land
actually surveyed by him or her, that the existing monuments shown thereon exist as
located and that all dimensional and geodetic details are correct;
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(t) A signed, notarized certification stating that the subdivision has been made with the
free consent and in accordance with the desires of the all persons with ownership and/or
security interests in the property. If the plat includes a dedication, the certificate or a
separate written instrument shall contain the dedication of all roads and other areas to the
public, any individual or individuals, or to any corporation, public or private, as shown on
the plat. Such certificate or instrument shall be signed and acknowledged before a notary
public by all parties having any interest in the land subdivided. The owner shall waive all
claims against the county, on behalf of the owner and the owner’s successors and assigns,
which may be occasioned by the establishment and/or construction of any roads, streets,
storm drainage improvements or other improvements;
(u) An offer of dedication may include a waiver of right of direct access to any road from
any property. Such waiver may be required by the director of the department of public
works as a condition of approval. Any dedication, donation or grant as shown on the face
of the plat shall be considered as a quit claim deed to the said donee or grantee for use for
the purpose intended by the donation or grant;
(v) Signature blocks for the appropriate certification of the county auditor, director of the
department of public works, director of the public health department, and DCD
administrator, as follows:
DIRECTOR OF PUBLIC WORKS CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in
compliance with the certificate of improvements issued pursuant to the
Jefferson County Unified Development Code and is consistent with all
applicable county improvement standards and requirements in force on the
date of preliminary plat approval, this ____ day of _______________,
20__.
________________________________
Director, Jefferson County Department
of Public Works or Designee
DEPARTMENT OF COMMUNITY DEVELOPMENT
ADMINISTRATOR’S DIRECTOR’S CERTIFICATE
I hereby certify that on this _____ day of _______________, 20__, that this
final plat is in substantial conformance with the preliminary plat and any
conditions attached thereto, which preliminary plat was approved by
Jefferson County on the _____ day of ______________, 20____.
_______________________________
AdministratorDirector, Jefferson County
Community Development Department or Designee
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
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Approved by public health department on this _____ day of ____________,
20__.
_______________________________
Director, Jefferson County Public Health Dept.
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JEFFERSON COUNTY TREASURER’S CERTIFICATE
All taxes and/or assessments due are paid in full on this ____ day of
___________, 20__.
_______________________________
Jefferson County Treasurer or Designee
(w) A form of the approval of the county assessor, as follows:
JEFFERSON COUNTY ASSESSOR’S CERTIFICATEASSESSOR’S
APPROVAL
Examined and approved this _____ day of _______________, 20___.
_______________________________
Jefferson County Assessor or Designee
Attest:
_______________________________
Deputy Jefferson County Assessor
(x) A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this _____ day of
_____________, 20 ____, at ________ minutes past __M., and recorded in
Volume _____ of Plats, page _____ Records of Jefferson County,
Washington.
Jefferson County Recording Number ___.
_______________________________
ManagerJefferson County Auditor or Designee
_______________________________
Superintendent of Records
(y) Any additional pertinent information as required at the discretion of the director of the
department of public works or the DCD administrator.
(4) All signatures or certifications appearing on a final plat shall in be reproducible black ink.
[Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.380 Accompanying documents – Final long plat.
(1) In cases where any deed covenants or restrictions, including any CC&Rs, will apply to
lots or parcels within a subdivision, a typewritten copy of such covenants bearing all necessary
signatures shall be submitted along with the final plat.
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(2) The final plat shall be accompanied by a complete survey of the section or sections in
which the plat or replat is located, or as much thereof as may be necessary to properly orient
the plat within such section or sections. The plat and section survey shall be submitted with
complete field and computation notes, showing the original or re-established corners, with the
description of the same, and the actual traverse showing error or closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine
corners and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company
certification of:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest (such as deed of trust or mortgages) or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor’s file number and/or recording
number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) title policy may be required by the director
of the department of public works.
(4) The applicant shall provide the director of the department of public works with a computer
disk containing a complete set of the final plat maps and as-built drawings on CADD(c) or
other GIS-compatible software as acceptable to the director of the department of public works.
(5) All documents submitted under this section shall contain the name of the subdivision and
the name and address of the subdivider.
(6) All maintenance, performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the improvement method report to
guarantee the acceptability and/or performance of all improvements. For all improvements
constructed after final plat approval, reproducible as-built drawing and CADD(c) files shall
be submitted within 15 days of completion of construction. [Ord. 8-06 § 1]
18.35.390 Final long plat application.
(1) Applications for final long plat approval shall be made on forms provided by the
department along with the fee established in the Jefferson County fee ordinance.
(2) Applications for final plat approval shall be processed according to the procedures for
Type IV land use decisions established in Chapterchapter 18.40 JCC, and shall be approved,
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disapproved, or returned to the applicant within 30 days of their filing, unless the applicant
consents to an extension of time in writing.
(3) Applications for final plat approval shall be submitted within five years of the date of the
preliminary plat approval.
(4) The final plat map shall be prepared in accordance with JCC 18.35.30018.35.300 and
18.35.32018.35.320.
(5) Prior to final approval, with the exception of the recording certificate, the applicant shall
obtain all signatures and certifications on the face of the plat in accordance with JCC
18.35.370. [Ord. 8-06 § 1]
18.35.400 Time limitation on final long plat submittal.
(1) Approval of a preliminary long plat shall be valid as follows:
(a) For preliminary long plats approved on or after January 1, 2015, the original and three
copies of a final long plat meeting all requirements of Chapterchapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within five years
of the date of the preliminary long plat approval.
(b) For preliminary long plats approved on or before December 31, 2014, the original and
three copies of the final long plat meeting all requirements of Chapterchapter 58.17 RCW
shall be transmitted by the administrator to the board of county commissioners within
seven years of the date of the preliminary long plat approval.
(c) For preliminary long plats approved on or before December 31, 2007, and not located
within shoreline jurisdiction, subject to Chapterchapter 90.58 RCW, the original and three
copies of a final long plat meeting all requirements of Chapterchapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within 10 years
of the date of the preliminary long plat approval.
(2) No extensions shall be granted. A plat granted preliminary approval but filed for final long
plat approval following the applicable time period shall be null and void. The department of
community development shall not be responsible for notifying the applicant of an impending
preliminary long plat expiration. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.410 Effect of an approved final long plat – Valid land use.
(1) Any lots in a final long plat filed for record on or after January 1, 2015, shall be a valid
land use notwithstanding any change in zoning laws for a period of five years from the date
of filing.
(2) Any lots in a final long plat filed for record on or before December 31, 2014, shall be a
valid land use notwithstanding any change in zoning laws for a period of seven years from the
date of filing.
(3) Any lots in a final long plat filed for record on or before December 31, 2007, and not
located within shoreline jurisdiction, subject to Chapterchapter 90.58 RCW, shall be a valid
land use notwithstanding any change in zoning laws for 10 years from the date of filing.
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(4) A long subdivision shall be governed by the terms of approval of the final long plat, and
the statutes, ordinances and regulations in effect on the date of preliminary long plat approval
for a period after final long plat approval as provided in subsections (1), (2) and (3) of this
section unless the board of county commissioners finds that a change in conditions creates a
serious threat to the public health or safety of residents within or outside the subdivision. [Ord.
14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.420 Distribution of copies and filing of final long plat.
The administrator shall distribute the original and copies of the approved final long plat as
follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording;
(2) Prior to the issuance of any building permits, one recorded reproducible copy shall be
transmitted to the director of the department of public works;
(3) One recorded paper copy shall be retained in the files of the department of community
development; and
(4) One recorded paper copy shall be provided to the building official for assignment of
addresses. [Ord. 8-06 § 1]
18.35.430 Transfer of ownership following final long plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to long subdivisions, no person, firm, or corporation shall sell or transfer or
advertise for sale or transfer any such lot, tract or parcel without having first received final
approval of the long plat and having recorded the final long plat with the Jefferson County
auditor. It is the responsibility of the applicant to ensure that a final long plat is fully certified
and filed for record with the Jefferson County auditor prior to transferring ownership of any
land. [Ord. 8-06 § 1]
18.35.440 Building and occupancy permits – Issuance after final long plat approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved long subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
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Article V. Binding Site Plans
18.35.450 Purpose.
The purpose of this article is to clearly delineate the criteria used by the county to review and
approve binding site plans. A binding site plan is intended to provide an alternative means of
dividing land. The binding site plan process provides a means for certain types of land division
applications to be processed administratively based upon the development standards and
regulations contained within this code and any other applicable ordinances and regulations.
Binding site plans tie a future development to an approved set of conditions and site layout.
[Ord. 8-06 § 1]
18.35.460 Scope.
This article shall only apply to one or more of the following:
(1) The use of a binding site plan to divisions of land for sale or lease of mixed use,
commercial or industrial zoned property where the applicant proposes a unified scheme of
development;
(2) Divisions of property for residential, commercial or industrial condominium development
as provided for in JCC 18.35.470; and
(3) Planned rural residential developments (PRRDs) proposed under Article VI-M of
Chapterchapter 18.15 JCC where full short or long subdivision of the land into separate,
legally segregated lots, tracts or parcels is not required. [Ord. 8-06 § 1]
18.35.470 Condominiums.
For the purpose of approval of condominium developments, the provisions of this chapter
regarding short subdivision and long subdivision shall not apply if:
(1) A land division is proposed as a condominium and does not result in the subdivision of
land into separately owned lots in accordance with the definition for short or long
subdivisions, but subjects a portion of a lot, tract or parcel to Chapterchapter 64.34 RCW (the
“Condominium Act”) subsequent to the recording of a binding site plan for all such land;
(2) The improvements constructed or to be constructed thereon are required by the provisions
of the binding site plan proposed for a condominium project;
(3) Jefferson County has approved a binding site plan for all such land; and
(4) The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance
with this binding site plan, as it may be amended with the approval of
Jefferson County, and in accordance with such other government permits,
approvals, regulations, requirements, and restrictions that may be imposed
upon such land and the development and use thereof. Upon completion, the
improvements on the land shall be included in one (1) or more
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condominiums or owned by an association or other legal entity in which the
owners’ associations have a membership or other legal or beneficial interest.
This binding site plan shall be binding upon all persons, businesses,
corporations, partnerships or other entities now or hereafter having any
interest in the land described herein.
[Ord. 8-06 § 1]
18.35.480 Application submittal and contents.
To be considered complete, applications for binding site plan approval shall include the
following information:
(1) Applications for binding site plans shall be made on forms provided by the Jefferson
County department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Chapterchapter 18.40 JCC;
(3) Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials
required pursuant to subsections (1) and (2) of this section, a binding site plan application for
mixed use, commercial or industrial proposals shall contain the same elements and
information as a preliminary long plat, in accordance with JCC 18.35.280, 18.35.290 and
18.35.300;
(4) Binding Site Plan for Residential Condominiums. In addition the materials required
pursuant to subsections (1) and (2) of this section, a binding site plan for residential
condominiums shall conform to the requirements of Chapterchapter 64.34 RCW, the
“Condominium Act.” The applicant shall submit a sworn declaration from a registered land
surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now
adopted and hereafter amended, have been satisfied. The county shall not be responsible for
verification that the proposal complies with Chapterchapter 64.34 RCW, but may rely upon
the representation of the licensed surveyor. The applicant shall submit five copies of the
binding site plan map for review. The site plan shall have dimensions of 18 inches by 24
inches and must be prepared by a registered surveyor licensed in the state of Washington. In
addition to the requirements of Chapterchapter 64.34 RCW, the binding site plan map must
include the following information:
(a) The name of the condominium project;
(b) Legal description of the entire parcel;
(c) The date, scale, and north arrow;
(d) Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots,
the location of all open spaces, utilities, and other improvements with accurate bearings,
dimensions of angles and arcs, and of all curve data describing the location of all
improvements;
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(e) Names and right-of-way widths of all roads or streets within the parcel and
immediately adjacent to the parcel. Street names shall be consistent with the names of
existing adjacent streets;
(f) Number of each lot and each block or division;
(g) Location, dimensions and purpose of any easements, noting if the easements are public
or private;
(h) Location and description of monuments, boundary corners set, and all lot corners set
and found;
(i) Datum elevations and primary control points approved by the department of public
works. Descriptions and ties to all control points will be shown with dimensions, angles,
and bearings;
(j) A dedicatory statement acknowledging public and private dedications and grants;
(k) The statement required by JCC 18.35.470(4) must be on the face of the final binding
site plan; and
(l) Other restrictions, conditions, and requirements as deemed necessary by the county,
including all applicable development standards contained in Chapterchapter 18.30 JCC
and any standards incorporated therein. [Ord. 8-06 § 1]
18.35.490 Binding site plan approval criteria.
(1) Binding site plans shall be approved upon showing that all of the following have been
satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and federal
zoning, land use, environmental and health regulations and plans, including but not
limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed binding
site plan shall be made available, including open spaces, drainage ways, roads, streets and
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools, sidewalks and other improvements to assure safe walking conditions for students
who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site
plan, together with any practical means of mitigating adverse impacts, have been
considered such that the proposal will not have an unacceptable adverse effect upon the
quality of the environment, in accordance with the State Environmental Policy Act
(SEPA) implementing provisions contained within Chapterchapter 18.40 JCC and
Chapterchapter 43.21C RCW;
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(d) Approving the proposed binding site plan will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, a proposed
binding site plan may be denied because of flood, inundation or swamp conditions. Where
any portion of the proposed binding site plan lies within both a flood control zone, as specified
by Chapterchapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway,
the county shall not approve the binding site plan unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
Chapterchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed binding site plan until flood control problems have been
resolved. [Ord. 8-06 § 1]
18.35.500 Binding site plan review process.
(1) An application for a binding site plan approval shall be processed according to the
procedures for Type III land use decisions established in Chapterchapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff, building official, school district in which the proposal is located, adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
(3) Based upon comments from county departments and applicable agencies, and other
information, the administrator shall review the proposal subject to the criteria of JCC
18.35.490. A proposed binding site plan shall only be approved when consistent with all the
provisions of JCC 18.35.490. Binding site plan approval may be based upon certain delineated
conditions. The county shall make written finding and conclusions documenting compliance
with all approval criteria. A binding site plan shall be granted preliminary approval only, until
all improvements are installed or the county has received adequate guarantees or assurances
of future installation of improvements.
(4) Upon satisfying all conditions of approval, if any, and satisfying all requirements of
Chapterchapter 18.30 JCC and any incorporated standards for the installation of all
improvements, the administrator shall administratively approve the final binding site plan for
filing with the Jefferson County assessor. The final binding site plan shall conform to the
requirements of JCC 18.35.370 and 18.35.380, as applicable.
(5) For all condominium projects, prior to final approval, the applicant shall obtain the written
approval from the Jefferson County assessor of the condominium CC&Rs. [Ord. 8-06 § 1]
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18.35.510 Binding site plan development standards.
Binding site plans shall conform to the development standards contained in Article VI of this
chapter. [Ord. 8-06 § 1]
18.35.520 Modifications and vacations.
Binding site plans may be modified or vacated subject to the following:
(1) Binding site plans may be modified only if the modification is minor in nature and the
original intent of the recorded binding site plan is not changed and if the modification does
not adversely impact public health and safety, the environment, or the delivery of services to
the site. The proposed modification must be clearly shown and be accompanied by a letter of
explanation and application for a plat alteration. Upon administrative approval of such
modification, the modifications shall become part of the binding site plan. If the proposed
modification constitutes a substantial modification, the proposal shall be processed as a new
binding site plan application.
(2) Prior to issuance of any building permit or other site development permits, including, but
not limited to, clearing and grading permits, a binding site plan may be vacated as a whole
only. Vacating a binding site plan releases all conditions and obligations on the parcel
associated with such plan. A binding site plan may be vacated with the submission to DCD of
a letter of intent to vacate the binding site plan. The letter shall become binding upon its
acceptance by the administrator. If the binding site plan has been recorded with the Jefferson
County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson
County auditor.
(3) After issuance of any building or other site development permits, including, but not limited
to, clearing and grading permits, the process for vacation of all or part of a binding site plan
is identical to the process for initial binding site plan approval. [Ord. 8-06 § 1]
18.35.530 Distribution of copies and filing.
(1) Upon approval, a binding site plan shall follow the procedures of JCC 18.35.420.
(2) After approval of the general binding site plan for commercial or industrial divisions, the
approval for improvements and finalization of specific individual commercial and industrial
lots shall be done by administrative approval. [Ord. 8-06 § 1]
18.35.540 Time limit.
The applicant or owner of the property subject to a binding site plan shall obtain all permits
for the development of a site within five years of its recording under JCC 18.35.530. If the
applicant fails to obtain all permits within five years, no site development permits shall be
issued until the applicant files a new application and obtains binding site plan approval in
accordance with this article. [Ord. 8-06 § 1]
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
The applicant or owner of a property subject to a binding site plan having preliminary approval
prior to the initial adoption date of this Unified Development Code (UDC) shall obtain final
approval of the binding site plan within two years of the initial adoption of this code. If the
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applicant fails to obtain final binding site plan approval within two years, no site development
permits shall be issued until the applicant files a new application and obtains binding site plan
approval in accordance with this article. [Ord. 8-06 § 1]
18.35.560 Effect of final binding site plan approval.
(1) All provisions, conditions, and requirements of the binding site plan shall be legally
enforceable on the purchaser of any other person acquiring a lease or other legal or property
interest of any lot, tract, or parcel created pursuant to the binding site plan.
(2) Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site
plan, that does not conform to the requirements of the binding site plan, or without binding
site plan approval, shall be considered a violation of this article. [Ord. 8-06 § 1]
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
All improvements shall be designed and constructed in conformance with the development
standards contained in this article, as well as Chapterchapter 18.30 JCC and any standards
incorporated therein. Prior to construction of any improvements, as approved upon the
preliminary plat or binding site plan, the subdivider shall furnish construction plans. These
plans must be prepared, signed, dated and stamped by a Washington State licensed civil
engineer and shall be in accordance with the standards contained in Chapterchapter 18.30
JCC. The construction plans must be reviewed and approved by the county prior to
construction. [Ord. 8-06 § 1]
18.35.580 Transportation and drainage standards.
(1) Transportation Standards – Generally. All divisions of land covered by this chapter shall
be served by appropriate transportation facilities, including roads and facilities for transit,
pedestrians, and bicycles. Transportation facilities shall be adequate both the serve the
division of land and to avoid adverse effects to the existing transportation system. If
transportation facilities are inadequate, the applicant shall be required to make provision for
all necessary improvements. Transportation facilities shall be deemed adequate if necessary
improvements are planned and designated funding is secured in the Six-Year Transportation
Improvement Program.
(2) Road and Drainage Design and Construction Standards.
(a) All roads serving two or more lots shall comply with the road design and construction
standards specified in JCC 18.30.080;
(b) A drainage analysis shall be performed in conformance with JCC 18.30.070, and
drainage systems shall be designed to the standards set forth in JCC 18.30.060(2) and
18.30.070. [Ord. 8-06 § 1]
18.35.590 Responsibility for road improvements.
Where reasonably necessary to mitigate the direct impacts of the proposed division of land
and/or to meet safety requirements, off-site road improvements may be required as a condition
of approval under this chapter. When required, the applicant shall bear the sole responsibility
to make such off-site road improvements. [Ord. 8-06 § 1]
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18.35.600 Health standards.
The following health standards apply to all divisions of land governed by this chapter:
(1) Water. All divisions of land shall comply with the requirements established by the
Jefferson County department of health for the provision of water;
(2) Wastewater Disposal. All divisions of land shall comply with the requirements established
by the Jefferson County department of health for wastewater disposal; and
(3) Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical
aquifer recharge areas. All divisions of land shall meet the regulations for critical aquifer
recharge areas contained in Article VI-E of Chapterchapter 18.15 JCC. [Ord. 8-06 § 1]
18.35.610 Fire and utility standards.
All divisions of land governed by this chapter shall meet the fire protection and improvement
standards adopted by Jefferson County. [Ord. 8-06 § 1]
18.35.620 Plan review, inspection and fees.
The department of community development and department of public works are responsible
for reviewing all engineering drawings and for the supervision, inspection and acceptance of
all subdivision improvements, and shall charge the subdivider the applicable fees as set forth
in the Jefferson County fee ordinance. [Ord. 8-06 § 1]
18.35.630 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted, such guarantee shall be
released in accordance with the development standards contained in Chapterchapter 18.30
JCC. [Ord. 8-06 § 1]
18.35.640 Floods and flood control.
The county may disapprove a proposed subdivision because of flood, inundation or regulated
wetlands if the county finds that such condition poses a threat to the public health, safety or
general welfare. Where any portion of the proposed subdivision lies within both a flood
control zone, as specified by Chapterchapter 86.16 RCW, and either the 100-year floodplain
or the regulatory floodway, the county shall impose a condition on the preliminary plat
requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA)
flood hazard requirements. In such cases, no development permit associated with the proposed
subdivision shall be issued by the county until said FEMA requirements have been met. Where
feasible, the county may require that all lots and/or building envelopes be located outside the
100-year floodplain. The county may also require dedication of land to any public body and/or
the construction of improvements and may impose other conditions necessary to protect
against flooding or inundation. [Ord. 8-06 § 1]
18.35.650 Additional requirements.
The standards or requirements established in this chapter and Chapterchapter 18.30 JCC are
minimum requirements. These standards may be increased and additional requirements may
be imposed for the purpose of mitigating identified probable significant adverse
environmental impacts pursuant to the State Environmental Policy Act (SEPA),
Chapterchapter 43.21C RCW, as now established or hereafter amended. Such additional
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requirements may include, but are not limited to, off-site improvements to any public facility,
the dedication and/or improvement of parks and open spaces, and contributions to any county
fund established to finance the provision of public services required by subdivision. [Ord. 8-
06 § 1]
18.35.660 Phased subdivision.
Preliminary plat approval must be granted for the entire subdivision and must delineate the
separate divisions that are to be developed in phased increments. Where the preliminary plat
approval is conditioned upon completion of the proposed phases in a particular sequence, the
preliminary plat approval shall specify a completion date for each phase. Final plat approval
may be granted for each separate phase of the preliminary plat. Any changes at the preliminary
plat stage will require approval in accordance with JCC 18.35.340. [Ord. 8-06 § 1]
Article VII. Plat Alteration
18.35.670 Purpose.
(1) To allow modifications to approved short plats, binding site plans, and subdivisions
including:
(a) The creation of additional lots within an existing subdivision or short plat resulting in
four or fewer lots within five years of final approval;
(b) Revision of lot lines, notes, notice to purchasers, or easements established in a
recorded plat;
(c) Vacation, in whole or in part, of a subdivision, binding site plan, mobile home park,
RV park, short subdivision, or large lot subdivision.
(2) This section does not apply to alteration or replatting of any plat of state-granted tide or
shore lands. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.680 Application submittal and contents.
To be considered complete, applications for plat alterations shall include the following:
(1) Applications for plat alterations shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Chapterchapter 18.40 JCC;
(3) Current title company certification/plat certificate.
(a) For a plat vacation, signatures of all parties having an ownership interest, including
deeds of trust, in that portion of the short plat, long plat, or binding site plan subject to the
proposed vacation; or
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(b) For a plat alteration or replat, signatures of a majority of those parties having an
ownership interest, including deeds of trust, of the lots, tracts, parcels, sites or divisions
in the subject short plat, long plat or binding site plan, or portion to be altered; or
(c) For a plat alteration affecting open space, easements, or public or private rights-of-
way signatures of all parties that make use of the portion being altered;
(4) A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions,
easements, planned rural residential development (PRRD) agreements, or other encumbrances
restricting the use of the property;
(5) Five paper copies of the plat map and any surveys of record, with proposed alteration(s)
or vacation(s) depicted in red ink. [Ord. 8-06 § 1]
18.35.690 Review process and criteria.
(1) An application for a plat amendment shall be processed according to the procedures for
Type II land use decisions established in Chapterchapter 18.40 JCC and the criteria listed in
RCW 58.17.215;
(2) Notice shall be given to the affected parties, a public hearing may be requested by a person
receiving notice within 14 days of receipt of notice. When a public hearing is requested the
application shall be processed according to the procedures for Type III decisions established
in Chapterchapter 18.40 JCC and the criteria listed in RCW 58.17.215;
(3) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff, building official, school district in which the proposal is located, adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary;
(4) Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in this section. A
proposed plat amendment shall only be approved when consistent with all the provisions of
JCC 18.35.690 and RCW 58.17.215. [Ord. 8-06 § 1]
Article VIII. Boundary Line Agreements
18.35.700 Purpose.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines through agreement whenever a point or
line determining the boundary between two or more parcels of real property cannot be
identified from the existing public record, monuments, and landmarks, or is in dispute.
Landowners affected by the determination of the point or line may resolve any dispute and
fix the boundary point or line by the procedure in this article, in conformance with RCW
58.04.007.
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(2) This article is not intended to conflict with applicable state laws or regulations. If any
portion of this article conflicts with applicable state law or regulation, the state law or
regulation shall control over this article. [Ord. 14-18 § 4 (Exh. B)]
18.35.710 Application submittal and contents.
If a point or line determining the boundary between two or more parcels of real property
cannot be identified from the existing public record, monuments, and landmarks, or is in
dispute, all of the affected landowners may agree to a description and marking of a point or
line determining a boundary. To apply for a boundary line agreement, the affected property
owners shall submit an application for a boundary line agreement. To be considered a
complete application it must include the following:
(1) Applications for boundary line agreements shall be made on forms provided by the
Jefferson County department of community development and shall be submitted to the
department of community development, along with the appropriate fees established under the
Jefferson County fee ordinance. The application shall include the signature of all affected
property owners;
(2) A completed land use permit application, including all materials required pursuant to
Chapter 18.40 JCC;
(3) Three copies of a proposed written instrument for the boundary line agreement, including
appropriate legal descriptions and a survey;
(4) Three copies of a clean and legible survey drawing, consistent with the Survey Recording
Act, Chapter 58.09 RCW and Chapter 332-130 WAC, suitable for recording; and
(5) Three copies of the existing and proposed legal descriptions. [Ord. 14-18 § 4 (Exh. B)]
18.35.720 Review process and criteria.
(1) The Jefferson County department of community development and other appropriate
county offices shall review the proposed boundary line agreement application. This review
may include, but is not limited to, a review of the application, proposed legal descriptions,
survey(s), written instrument, and compliance with this article and applicable local and state
laws or rules.
(2) Upon review and approval, the agreement shall be recorded with the Jefferson County
auditor in accordance with Chapterchapter 58.09 RCW.
(3) An application for a boundary line agreement shall be processed according to the
procedures for Type I land use decisions established in Chapterchapter 18.40 JCC. [Ord. 14-
18 § 4 (Exh. B)]
Article VIII. Boundary Line Agreements
(Repealed)
Article IX Unit Lot Subdivisions
18.35.800 Purpose and Applicability.
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1. Purpose.
The primary purpose of these provisions is to establish a process which allows greater
flexibility in the development of single-family detached and attached housing on lots which
do not strictly conform to the development standards of chapters 18.18 and this title. For
single-family attached and townhouse dwellings, the intent is to apply only those site
development standards applicable to the parent site as a whole, rather than individual lot
standards. For single-family detached dwellings, these standards are intended to provide an
alternative to the traditional method of land division for creating sellable lots for townhouse,
and cottage housing developments
2. Scope.
The provisions of this chapter apply exclusively to the unit lot subdivision of land for single-
family attached and detached housing in the Irondale and Port Hadlock Urban Growth Area
(PHUGA) where such uses are allowed.
3. Applicability.
a. Single -Family Attached and Townhouse Unit Lot Development. The provisions of
this chapter apply to the division of land for single-family attached dwelling
developments in zones that allow this use. To use this process, a development shall
have a minimum of two single-family attached units.
b. Single-Family Detached and Cottage Housing. This process may be used as an
alternative to a conventional subdivision or short subdivision and shall be permitted in
any residential zone allowing for the development of single-family detached dwellings.
To use this process, developments shall contain at least two single-family detached
dwellings.
4. Approval Process.
Unit lot subdivisions of four or fewer lots shall be processed in the same manner as short plats,
as a Type II permit pursuant to Chapterchapter 18.35 Article III. Unit lot subdivisions of five
or more lots shall be processed as long subdivisions, as a Type III permit pursuant to
Chapterchapter 18.35 Article IV.
5. Site Development Plan Approval Required.
All developments using the unit lot subdivision process are required to submit a site
development plan for review and approval as part of the land division application. The site
plan must demonstrate compliance with the applicable regulations of chapters 18.18 and this
title.
18.35.810 Unit lot subdivision standards applicable to all developments.
All applications for unit lot subdivisions or short subdivisions shall be considered under the
following standards of chapters 18.18, this title, and where applicable:
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• Chapterchapter 18.05 – Introductory Provisions;
• Chapterchapter 18.10 – Definitions;
• Chapterchapter 18.15 – Land Use Districts;
• Chapterchapter 18.19 – Transitional Rural Development Standards of the Irondale/Port
Hadlock Urban Growth Area;
• Chapterchapter 18.20 – Performance and Use-Specific Standards;
• Chapterchapter 18.22 – Critical Areas;
• Chapterchapter 18.25 – Shoreline Master Program;
• Chapterchapter 18.30 – Development Standards;
• Chapterchapter 18.35 – Land Divisions
• Chapterchapter 18.40 – Permit Application and Review Procedures/SEPA
Implementation
• Comprehensive Plan and GMA Implementing Regulations Amendment Process.
18.35.820 Unit lot subdivision standards – single-family attached and townhouse.
A. Development on individual unit lots within the unit lot subdivision need not conform to
the minimum lot area or dimensional standards of Chapterchapter 18.18, provided that
overall development of the parent site meets the development and design standards of
the underlying zoning and the requirements of this section. There shall be no minimum
required lot area for individual lots for attached dwellings, provided the area of the unit
lot shall be large enough to contain the dwelling unit and any accessory structures, decks,
fences, garages, driveways, private yard areas, parking, landscaping or other
improvements that are accessory to the dwelling unit; provided further, so long as
conforming to the approved site development plan, such accessory improvements may
encroach upon or be located in an adjoining unit lot or common area pursuant to an
appropriate easement.
B. Overall development of the parent site shall meet the development and design standards
of the underlying land use district.
C. Access easements, joint use and maintenance agreements, and covenants, conditions and
restrictions (CC&Rs) identifying the rights and responsibilities of property owners
and/or the homeowners’ association must be executed for use and maintenance of
common garage, parking and vehicle access areas, underground utilities, stormwater
treatment and/or detention facilities, common open space, exterior building facades and
roofs, and other similar features, and must be recorded with the Jefferson County auditor.
18.35.830 Ownership of common areas.
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Portions of the parent site not subdivided for individual unit lots or not dedicated to the county
as public streets or public utility systems shall be owned in common by the owners of the
individual lots within the subdivision, by a homeowners’ association comprised of the owners
of the individual unit lots within the subdivision or by a qualified organization managing the
development.
18.35.840 Building Setbacks.
Building setbacks shall be as required for the zone as applied to the underlying parent site as
a whole. There shall be no setback required from unit lot lines which are interior to the
perimeter of the parent site; provided, however, that any structure located upon a unit lot
created hereunder shall comply with the setbacks applicable to the approved site development
plan.
18.35.850 Building and occupancy permits – Issuance after final unit lot plat approval.
A. No building permit for a structure other than a temporary contractor’s office or
temporary storage building shall be issued for a lot or parcel within an approved unit lot
subdivision until the applicant complies with all requirements of the final plat approval.
B. No occupancy permit for a structure other than a temporary contractor’s office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved unit lot subdivision prior to final inspection and approval of all required
improvements which will serve such lot or parcel, to the satisfaction of the public works
director and county building official.
18.35.860 Transfer of ownership following final unit lot plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or
transfer, any such lot, tract or parcel without having first had an approved final plat for such
subdivision or short plat filed for record. It is the responsibility of the applicant to ensure that
a final plat is fully certified and filed for record with the Jefferson County auditor prior to
transferring ownership of any land.
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Chapter 18.10
DEFINITIONS
Sections:
18.10.001 Scope.
18.10.005 Interpretations.
18.10.010 A definitions.
18.10.020 B definitions.
18.10.030 C definitions.
18.10.040 D definitions.
18.10.050 E definitions.
18.10.060 F definitions.
18.10.070 G definitions.
18.10.080 H definitions.
18.10.090 I definitions.
18.10.100 J definitions.
18.10.110 K definitions.
18.10.120 L definitions.
18.10.130 M definitions.
18.10.140 N definitions.
18.10.150 O definitions.
18.10.160 P definitions.
18.10.170 Q definitions.
18.10.180 R definitions.
18.10.190 S definitions.
18.10.200 T definitions.
18.10.210 U definitions.
18.10.220 V definitions.
18.10.230 W definitions.
18.10.240 X definitions.
18.10.250 Y definitions.
18.10.260 Z definitions.
18.10.001 Scope.
This chapter contains definitions of technical and procedural terms used throughout this code.
[Ord. 8-06 § 1]
18.10.005 Interpretations.
(1) For the purpose of this code, all words shall have their normal and customary meanings,
unless specifically defined otherwise in this chapter. In general, words used in the present
tense shall include the future; the singular shall include the plural; and the plural the singular.
The words “shall,” “must,” “will,” “may not,” and “no... may” are always mandatory. The
word “should” indicates that which is recommended but not required. The word “may”
indicates a use of discretion in making a decision. The word “used” includes “designed,
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intended, or arranged” to be used. The masculine gender includes the feminine and vice versa.
References to “distance” means distance as measured horizontally unless otherwise specified.
(2) All definitions which reference the Revised Code of Washington (RCW), Washington
Administrative Code (WAC), and International Building Code (ICODE) are intended to
mirror the definitions in these codes at the effective date of the ordinance codified in the
Unified Development Code (this code) or as amended. If the definition in this code conflicts
with a definition under state law or regulation, the state definition shall control over this
definition.
(3) These definitions are not intended to establish regulations. [Ord. 8-06 § 1]
18.10.010 A definitions.
“Abandon” means to terminate the use of a structure by an affirmative act, such as changing
to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for
ongoing agricultural activities, there shall be a presumption that a use has been abandoned if
it is not undertaken, utilized, implemented or performed for a period of two years.
“Abutting” means adjoining with a common boundary line or any portion thereof.
“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure on the same lot as the
main structure, for use as a complete, independent living facility with provisions within the
accessory dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be
considered an accessory use to the main dwelling and be clearly subordinate to the main
dwelling.
“Accessory use” means use of land or of a building or portion thereof incidental and
subordinate to the principal use or building and located on the same lot with the principal use.
“Accessory uses (to agriculture)” mean uses accessory to agriculture that support, promote,
or sustain agricultural operations and production, as provided in JCC 18.20.030.
“Accumulative short subdivision” means multiple short subdivision of contiguous land under
common ownership. “Ownership,” for purposes of Chapterchapter 18.35 JCC, means
ownership as established at the date of the initial short subdivision approval. Ownership by
persons related by blood or marriage where an interfamily land conveyance has occurred
within two years of making application for short subdivision approval shall be construed to
be common ownership.
“Acre” means a unit of measure of land area which consists of 43,560 square feet.
“Adequate” means acceptable but not excessive.
“Adequate capacity (adequate capital or public facilities)” means capital facilities and services
that have the capacity available to serve development at the time of occupancy or use without
decreasing levels of service (LOS) below the standards set forth in the Comprehensive Plan.
“Adequate capacity” also includes a financial commitment that is in place to complete the
improvements, or noncapital strategies, necessary to provide a specific level of service within
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six years. (See also “Available capital facilities (available capacity),” “Concurrency,” “Level
of service (LOS).”)
“Adjacent” means (in addition to abutting) that which is near or close; for example, an
industrial district across the road or highway from a commercial district shall be considered
as “adjacent.”
“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state (outside of
shoreline jurisdiction). See RCW 90.58.340.
“Administrator” means the Jefferson County department of community development director
or a designated representative.
“Adverse” means contrary to one’s interest or welfare; harmful or unfavorable circumstances.
“Adverse impacts” means a condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development
or on off-site property or facilities or on wildlife or wildlife habitat.
“Affordable housing” means those housing units available for purchase or rent to individuals
or families with a gross income between the federally recognized poverty level and the median
income for working families in Jefferson County; and whose costs, including utilities, would
not exceed 30 percent of gross income.
“Aggrieved person” means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code, federal
or state law or regulation to consider in making a land use decision;
(c) The person is a party of record, as defined in JCC 18.10.160; and
(d) A decision on appeal in favor of the person would substantially eliminate or redress
the prejudice alleged to be caused by the land use decision.
“Agricultural activities” has the same meaning as in RCW 90.58.065(2)(a), as it may be
modified in the future, and currently reads “agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and changing
agricultural crops; allowing land used for agricultural activities to lie fallow in which it is
plowed and tilled but left unseeded; allowing land used for agricultural activities to lie
dormant as a result of adverse agricultural market conditions; allowing land used for
agricultural activities to lie dormant because the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement
facility is no closer to the shoreline than the original facility; and maintaining agricultural
lands under production or cultivation.”
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“Agricultural best management practices (BMPs)” means schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
“Agricultural checklist” means the checklist required by JCC 18.22.830(1).
“Agricultural land” has the same meaning as in WAC 365-190-030(1).
“Agricultural land of local importance” means land in addition to designated prime
agricultural land that is of local importance for the production of food, fiber, forage, or oilseed
crops. Generally, additional farmlands of local importance include those that are nearly prime
farmland and that economically produce high yields of crops when treated or managed
according to acceptable farming methods. Such farmlands may include areas of commercial
aquaculture.
“Agricultural product or commodity” is defined as follows, except for Chapterchapter 18.22
JCC. For all other chapters, “agricultural product or commodity” means any plant or part of a
plant, or animal, or animal product, produced by a producer primarily for sale, consumption,
propagation, or other use by people or animals. For Chapterchapter 18.22 JCC “agricultural
products” are defined in RCW 90.58.065(2)(b).
“Agricultural resource lands (agricultural lands)” means lands that are primarily devoted to
the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable,
or animal products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to
the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or
livestock, and that have long-term commercial significance for agricultural production (RCW
36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime
(AP-20) and local (AL-20), in the Comprehensive Plan.
“Agricultural warehouse (public warehouse)” means any elevator, mill, subterminal grain
warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is
used or usable for the storage of agricultural products, and in which commodities are received
from the public for storage, handling, conditioning, or shipment for compensation. The term
does not include any warehouse storing or handling fresh fruits or vegetables, any warehouse
used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons
of an agricultural commodity for compensation.
“Agriculture” means the science, art, and business of producing crops, or raising livestock;
farming.
“Agriculture, existing and ongoing” is defined as follows, except for Chapterchapter 18.22
JCC which is governed by the definition of “agricultural activities.” For all other chapters,
“agriculture, existing and ongoing” means any agricultural activity conducted on an ongoing
basis on lands enrolled in the open space tax program for agriculture or designated as
agricultural lands of long-term commercial significance on the official map of Comprehensive
Plan land use designations; provided, agricultural activities were conducted on those lands at
any time during the five-year period preceding April 28, 2003. Agricultural use ceases when
the area on which it is conducted is converted to a nonagricultural use.
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“Agriculture, new” is defined as follows, except for Chapterchapter 18.22 JCC which is
governed by the definition of “agricultural activities.” For all other chapters, “agriculture,
new” means agricultural activities proposed or conducted after April 28, 2003, and that do not
meet the definition of “existing and ongoing agriculture.”
“Agritourism” means agriculturally related accessory uses designed to bring the public to the
farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm
products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides,
farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc.
“Airport” means an area of land or facility publicly owned and open to general public use for
aircraft operations, except any airfield or airstrip as defined herein. An airport may include
related services and facilities.
“Airstrip” means a privately owned area of land, closed to the public, and restricted to use by
the owner primarily for noncommercial aircraft operations and, on an occasional basis, invited
guests of the owner or for emergency purposes.
“Allowable outright use” means land uses and activities which are exempt from the provisions
of this Unified Development Code.
“Allowed use (“Yes” use)” means uses allowed subject to the provisions of this code,
including meeting applicable performance and development standards; if a building, or other
development permit (e.g., stormwater permit) is required, the use is subject to the project
review and approval process.
“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.
“Animal feeding operation (AFO)” means agricultural enterprises where animals are kept and
raised in confined situations. AFOs congregate animals, feed, manure and urine, dead animals
and production operations on a small land area. Feed is brought to the animals rather than the
animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. The formal
definition in federal regulations is “a lot or facility (other than an aquatic animal production
facility) where the following conditions are met: (1) animals (other than aquatic animals) have
been, are or will be stabled or confined and fed or maintained for a total of 45 days or more
in any 12-month period, and (2) crops, vegetation, forage, growth, or post-harvest residues
are not sustained in the normal growing season over any portion of the lot or facility.” (40
CFR 122.23(b)(1))
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“Animal feeding operation, concentrated (CAFO)” means an AFO that is defined as a “large
CAFO” or as a “medium CAFO” according to federal regulations or that is designated as a
CAFO by the permitting authority. Two or more AFOs under common ownership are
considered to be a single AFO for the purposes of determining the number of animals at an
operation, if they adjoin each other or if they use a common area or system for the disposal of
wastes. (40 CFR 122.23(b)(2))
“Large CAFO” means an AFO that meets or exceeds one of the following thresholds: 700
mature dairy cows; 1,000 beef cattle or heifers; 2,500 swine (each 55 pounds or more);
10,000 swine (each under 55 pounds); 1,000 veal calves; 500 horses; 10,000 sheep or
lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure handling systems); 5,000
ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling
systems); 125,000 chickens, except laying hens (other than liquid manure handling
systems); 82,000 laying hens (other than liquid manure handling systems).
“Medium CAFO” means an AFO where either a manmade ditch or pipe carries manure
or wastewater from the operation to surface water or animals come into contact with
surface water running through the area where they are confined; and the operation meets
or exceeds the following thresholds: 200 mature dairy cows; 300 beef cattle or heifers;
750 swine (each 55 pounds or more); 3,000 swine (each under 55 pounds); 300 veal
calves; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks (other than liquid
manure handling systems); 1,500 ducks (liquid manure handling systems); 9,000 chickens
(liquid manure handling systems); 37,500 chickens, except laying hens (other than liquid
manure handling systems); 25,000 laying hens (other than liquid manure handling
systems).
“Animal commercial kennel or cattery” means a kennel where five or more adult dogs or cats
are boarded, bred or trained for compensation. Commercial kennels exceed the number of
animals allowed by a hobby kennel, regardless if compensation is received for services.
Commercial kennels or catteries do not including a small animal hospital or clinic, pet shop
or shelter. (See also “Animal shelter” and “Animal hobby kennel.”)
“Animal hobby kennel” means a noncommercial kennel at or adjoining a private residence
where five or more adult dogs, cats or combination thereof are kept for purposes other than
breeding as a primary interest, such as for hunting or organized field trials, obedience or
confirmation competition. Hobby kennels exceeding 10 dogs, cats or combination thereof
shall be subject to the provisions of a commercial kennel.
“Animal shelter” means a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals. Shelters are owned, operated or maintained by a public body,
established humane society, animal welfare society, society for the prevention or cruelty to
animals or other nonprofit organization devoted to the welfare, protection and humane
treatment of animals. Shelters also include facilities for the rehabilitation of wildlife.
“Appeal” means a request by an applicant or citizen that a decision made pursuant to this
UDC be reviewed for its correctness and legality by another person, agency or court of law
having jurisdiction to hear such an appeal.
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Appeal, Open Record. (See “Open record hearing.”)
“Applicant” means the owner or owners of record of the property subject to a project permit
application under this code, or authorized representative thereof.
“Application” means the forms, plans and accompanying documents required for any project
permit approval under this code.
“Approving authority” means either the administrator, as defined in this UDC, the Jefferson
County hearing examiner or the Jefferson County board of commissioners, depending on the
type of permit process or decision specified in the applicable portion of this UDC.
“Aquaculture” means the farming or culturing of aquatic organisms.
“Aquifer” means a body of permeable saturated rock material or soil capable of conducting
groundwater.
“Aquifer recharge areas” means lands through which precipitation and surface water infiltrate
the soil and are transmitted through rocks and soil to create groundwater storage.
“Archaeological” means having to do with the scientific study of material remains of past
human life and activities.
“Archaeological site” means an area of ancestral human use such as middens, burial grounds,
and earthworks.
“Area” means the size of a parcel of land, as expressed in square feet or acres to two decimal
places. When a public road right-of-way lies within a tract of land otherwise in contiguous
ownership, area within the right-of-way may be included in gross area for the purpose of
calculating maximum allowable density. When public road right-of-way abuts a tract of land,
area to the centerline may not be included in the gross area of the parcel for this purpose.
“Area, nominal” means the approximate area of a parcel of land, such as the aliquot part or
the land area in the assessor’s records.
“Area of special flood hazard” means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year, as indicated on the flood
insurance rate maps (FIRMs).
“Assembly facility” means a facility designed and used for the gathering of people, or in
which they may come together in a body, such as a meeting hall, community club or center,
church, etc. (See also “Community structure” and “Religious assembly facility.”)
“Assessor’s parcel number” means a geocoding number assigned by the assessor’s office for
property tax assessment purposes only.
“Automobile service station and repair” means any building, land area, or other premises used
for the retail dispensing or sales of vehicular fuels and the servicing or repair of automobiles.
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“Automobile wrecking and salvage yards” means an outdoor area used for the wrecking,
storage, and recycling/salvage of vehicles for scrap metal and/or parts. (See “Junk yard.”)
“Available capital facilities (available capacity)” means capital facilities or services that are
in place (“existing capacity”), or for which a financial commitment is in place to provide the
facilities or services within a specified time (“planned capacity”). “Available capacity”
consists of existing plus planned capacity. (See also “Adequate capacity (adequate capital or
public facilities),” “Concurrency,” and “Level of service (LOS).”)
“Average vehicular trips” means the average number of all vehicles entering or leaving a site
during a defined period. [Ord. 5-20 § 3 (Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4
(Exh. B); Ord. 8-06 § 1]
18.10.020 B definitions.
“Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
“Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound
waves.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in
any given year; also known as the “100-year flood,” as shown on the FIRM maps.
“Base flood elevation” means the elevation for which there is a one percent chance in any
given year that flood levels will equal or exceed it.
“Bed and breakfast inn” means a hospitality commercial use containing four to six lodging
units without cooking facilities, which provides overnight accommodation and meals in a
proprietor-occupied or owner-occupied existing single-family residence and additional legal
structures or up to 10 lodging units in an existing historic structure.
“Bed and breakfast residence” means a hospitality commercial use containing one to three
lodging units without cooking facilities, which provides overnight accommodation and meals
in an owner-occupied existing single-family residence.
“Berm” means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
“Best available science” means with regard to designating and protecting critical areas, best
available science refers to the utilization of the most current, widely accepted scientific data,
research, studies and/or reports in making land use and policy decisions. (See WAC 365-195-
900.)
“Best management practices (BMP)” means systems of practices, schedules of activities,
prohibitions, maintenance procedures, and management measures that prevent or minimize
adverse impacts to the environment.
Best Management Practices, Agricultural. (See “Agricultural best management practices
(BMPs).”)
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“Binding site plan” means a drawing to appropriate scale that:
(a) Identifies and shows the areas and locations of all roads, improvements, utilities, open
space, and any other matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by Jefferson County; and
(c) Contains provisions requiring that any development be in conformity with the site
plan.
“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.
“Board (BOCC)” means the board of county commissioners for Jefferson County. Also
referenced as board of commissioners or county commissioners.
“Boat building and repair, commercial” means a commercial establishment where boats are
constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon.
“Boundary line adjustment” means the relocation or other adjustment of the boundaries of a
lot, tract or parcel, in which the relocation neither results in the creation of any additional lot,
tract or parcel nor results in creation of any lot, tract or parcel which is more nonconforming
or insufficient in area or dimension.
“Buffer” means an area that is intended to protect the functions and values of critical areas.
Protecting these functions and values includes the preservation of existing native and
nonnative vegetation where it exists, unless otherwise required to be replaced with native
vegetation through mitigation or voluntarily enhanced or restored.
“Buffer zone, strip, or area” means an area designed to separate incompatible uses or
activities.
Buildable Lot. (See “Lot, buildable.”)
“Building envelope” means:
(a) A three-dimensional space in which a building or structure may be built;
(b) A plat restriction for the purpose of defining building coverage areas for individual
lot, or for describing shoreline building setbacks;
(c) The buildable area of a lot, tract or parcel after applicable setbacks, easements and
other restrictions on the lot, tract or parcel are taken into account.
“Bulk plant or terminal facility” means that portion of a property where flammable or
combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle and are
stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline,
tank car, tank vehicle, portable tank or container (cf. International Fire Code).
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“Bullet” means a single projectile fired from a firearm. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20
§ 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.030 C definitions.
“Calendar day” means any day of the week, including weekends and holidays. When used for
computing time, the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
“Campground and camping facilities” means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
“Capital facilities” means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
“Capital improvements” means improvements to land, structures, initial furnishings, and
selected equipment.
“Caretaker residence” means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
“CC&Rs” means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to “declarations” for condominiums in
accordance with Chapterchapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the
county.
“Certificate of occupancy or use” means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
“Certified feed lot” means any place, establishment, or facility commonly known as a
commercial feed lot, or the like, which complies with all of the requirements of
Chapterchapter 16.58 RCW and associated rules and which holds a valid license from the
state.
“Channel migration zone” (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. “Channel
migration zone” means the historic channel migration zone (which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area (which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
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“Channel migration zone” does not include disconnected migration areas, which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities built above or constructed to
remain intact through the 100-year flood elevation), that are no longer available for migration
by the river. “Channel migration zone” may exclude areas that lie behind a lawfully
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. “High channel migration hazard” (or high risk
CMZ) for the Big Quilcene, Little Quilcene, Dosewallips, Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
“moderate channel migration hazard” (or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
“low channel migration hazard” (or low risk CMZ) means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame. For the Lower Hoh River,
“moderately high hazard” (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
“moderate hazard” means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame, and “low hazard” means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
“Clearing” means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including, but not limited to, root material or topsoil material.
“Cluster development” means a development design technique that groups or “clusters”
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
“Co-housing (intentional communities)” means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M of Chapterchapter 18.15 JCC, Planned
Rural Residential Developments (PRRDs), where applicable.
“Commercial communication towers” means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
“Commercial kennel” has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
“Commercial recreational facility” means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
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“Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
to the public, open only to private membership, or any combination of the above that for the
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term “commercial shooting facility” does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b) Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
“Commercial sign” means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
“Commercial use” means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
“Common area” means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
“Common open space” means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
“Community structure” means a structure which is intended for the common use of the
residents of a particular subdivision or community.
“Compatible” means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
“Comprehensive Plan” means the Jefferson County Comprehensive Plan and all of its goals,
objectives, policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to
Chapterchapter 36.70A RCW.
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Concentrated Animal Feeding Operation (CAFO). (See “Animal feeding operation,
concentrated (CAFO).”)
“Concurrency” means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
development occur. (See also “Adequate capacity (adequate capital or public facilities),”
“Available capital facilities (available capacity),” and “Level of service (LOS).”)
“Conditional use” means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
“Conditional use permit” means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
“Condominium” means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with Chapterchapters 64.32 and 64.34 RCW. Condominiums are
not confined to residential units, such as apartments, but also include offices and other types
of space in commercial buildings.
“Conservation district” means a “special purpose district,” like a fire district or school district,
organized in accordance with Chapterchapter 89.08 RCW for the purpose of providing
assistance to landowners for the conservation of renewable resources.
“Construction/contractor yards and offices” means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See “Applicant.”)
“Convenience store” means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
“Cottage Housing” means residential units on a lot with a common open space that is owned
in common.
“Cottage industry” means a commercial or manufacturing activity conducted in whole or in
part in either the resident’s single-family dwelling unit or in an accessory building, but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
scale commercial or industrial activity, including fabrication, with limited retail sales, that can
be conducted without substantial adverse impact on the residential character in the vicinity.
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“County” means Jefferson County, Washington, its board, commissions, and departments.
“Critical aquifer recharge areas” has the same meaning as in WAC 365-190-030(3).
“Critical area buffer” means any buffer required by Chapterchapter 18.22 JCC.
“Critical areas” has the same meaning as in WAC 365-190-030(4).
“Critical habitat” means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
“Cul-de-sac” means a road closed at one end by an area of sufficient size for turning vehicles
around.
“Current use” means the use of land or improvements at the time of permit application.
“Custom meat facility” means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
“Custom slaughtering establishment” means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
18.10.040 D definitions.
“Day care, commercial” means a person or agency that provides care for 13 or more children
during part of the 24-hour day (RCW 74.15.020).
(1) “Home day care provider” means a state-licensed day care provider who regularly provides
day care for not more than 12 children in the provider’s home in the family living quarters
(RCW 74.15.020).
(2) “Child day care center” means a person or agency providing care during part of the 24-
hour day to 12 or fewer children in a facility other than the family abode of the person or
persons under whose direct care the children are placed (RCW 35.63.170).
“Days, calendar” means so many days computed according to the course of the calendar. In
computing comment and appeal periods under this code, if the last day so computed is a
Saturday, Sunday or legal holiday, the comment or appeal period shall run to the next business
day.
“DCD” means the Jefferson County department of community development.
“Dedicate” means to set aside a piece of real property, a structure, or a facility for public or
private use or ownership.
“Dedication” means a deliberate appropriation of land by its owners for any general and public
uses, reserving to the owner/dedicator no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
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“Degrade” means to scale down in desirability or salability, to impair in respect to some
physical property or to reduce in structure or function, in terms of Jefferson County standards
and environment.
“Density” means the quantity per unit area, such as the number of dwelling units per acre.
“Design capacity” means the theoretical or calculated maximum ability of a system or device
to handle the duty for which it is to be used.
“Developable area” means the area of land which is not constrained from development by
land use restrictions.
“Development” means the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or any
extension of the use of land; dredging, drilling, dumping, filling, earth movement, clearing or
removal of vegetation, forest practice activities that are being conducted as a part of a
conversion from forestry to non-forestry use, storage of materials or equipment in a designated
floodway, or other site disturbance, which either requires a permit, approval, review, or
authorization from the county or is proposed by a public agency.
“Development application” means an application for a development permit.
“Development envelope” means the portion of a lot which may be used for development. A
development envelope must include space for utilities, driveways, and any other
improvements necessary to complete development. As applied to a buildable lot for residential
purposes, the development envelope is the portion of a lot that may contain a dwelling(s) and
accessory structures.
“Development permit” means any permit issued by Jefferson County allowing development.
“Development regulation or regulations” means the controls placed on development or land
use activities, including, but not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances, together with any amendments
thereto. A development regulation does not include a decision to approve a project permit or
project permit application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county (RCW
36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not
include ordinances or regulations that address administrative processes and procedures related
to land use planning, interim or emergency ordinances, moratorium ordinances, or remand
actions from state administrative boards or courts of law.
“Development right” means the right to develop property subject to federal, state, and local
restrictions and regulations.
“Director” means, unless otherwise specified, the director of the county’s department of
community development (DCD) or the director’s designee.
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“Discretionary use” means all unnamed and certain named uses in Table 3-1 in JCC 18.15.040
which, subject to the administrative review and classification criteria set out in Chapterchapter
18.15 JCC, may be classified by the administrator as an allowed outright “Yes” use, a
conditional “C” use or a prohibited “No” use in the applicable district for which the use is
proposed.
“District” means a part, zone, or geographic area within Jefferson County within which certain
development regulations apply.
“Disturbed area” means any place where activities clearly in preparation for, or during, surface
mining have physically disrupted, covered, compacted, moved, or otherwise altered the
characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity.
Disturbed areas may include but are not limited to: working faces, water bodies created by
mine-related excavation, pit floors, the land beneath processing plant and stock pile sites, spoil
pile sites, and equipment staging areas. Disturbed areas shall also include aboveground waste
rock sites and tailing facilities, and other surface manifestations of underground mines.
Disturbed areas do not include surface mine access roads in mineral resource land
designations unless these have characteristics of topography, drainage, slope stability, or
ownership that, in the opinion of the department of natural resources, make reclamation
necessary, lands that have been reclaimed to all standards outlined in this chapter, rules of the
department of natural resources, any applicable SEPA document, and the approved
reclamation plan, and subsurface aspects of underground mines, such as portals, tunnels,
shafts, pillars, and stopes.
“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership (see Chapterchapter 18.35 JCC).
DOT. (See “WADOT” or “WSDOT.”)
“Drainage” means surface water runoff; the removal of surface water or groundwater from
land by drains, grading, or other means, which include runoff controls to minimize erosion
and sedimentation during and after construction or development.
“Drainageway” means any natural or artificial watercourse, trench, ditch, swale, or similar
depression into which surface water flows.
“Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other
water body.
“Drinking establishment (lounge)” means a business primarily engaged in the retail sale of
alcoholic beverages for consumption on the premises. A restaurant operated as part of a lounge
is considered to be accessory to the lounge.
“Drive-thru window service” means businesses where patrons may carry on business on the
premises while in a motor vehicle (see also “Mobile food unit”).
“Driveway” means a strip of land which provides vehicular access to one or two lots.
Duplex. (See “Dwelling unit, two-family.”)
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“Dwelling unit” means one or more rooms or structures designed for occupancy by an
individual or family for living and sleeping purposes, containing kitchen facilities and rooms
with internal accessibility, for use solely by the dwelling’s occupants.
“Dwelling unit, multiple-family” means one or more structures containing three or more
dwelling units.
“Dwelling unit, two-family” (duplex) means a single structure containing two dwelling units.
[Ord. 9-22 § 2 (Appx. A); Ord. 4-19 § 1 (Exh. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.050 E definitions.
“Eating establishment (restaurant)” means a business primarily engaged in the retail sale of
food for consumption on the premises. A lounge operated as part of a restaurant is considered
to be accessory to the restaurant.
“Emergency housing” means temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the
basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency
housing may or may not require occupants to enter into a lease or an occupancy agreement.
“Emergency shelter” means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to enter
into a lease or an occupancy agreement. Emergency shelter facilities may include day and
warming centers that do not provide overnight accommodations.
“Ecology (WDOE)” means the state of Washington Department of Ecology.
“Endangered species” means a species which is in danger of extinction throughout all or a
significant portion of its range, as classified by the Washington Department of Fish and
Wildlife, WAC 232-12-014 and the Washington Department of Natural Resources,
Washington Natural Heritage Plan.
“Environmental checklist” means a form prescribed by the administrator and the state of
Washington to identify the potential environmental impacts of a given proposal.
“Environmental impact statement (EIS)” means a draft, final, or supplemental written
document that reviews the likely significant and nonsignificant adverse and positive impacts
of a proposal, ways to avoid, minimize or lessen the adverse impacts, and alternatives to the
proposal.
“Equestrian center” means uncovered and covered facilities for commercial boarding,
training, teaching, breeding and rental of horses including facilities for shows and competitive
events, and riding trails. This shall not include stables used solely for the private personal use
of the property owner or stables used solely for boarding or breeding of horses.
“Erosion” means the detachment and movement of soil or rock by water, wind, ice, or gravity.
“Erosion hazard areas” has the same meaning as in WAC 365-190-030(5).
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“Essential public facilities” means those important and necessary facilities which provide
essential services that are typically difficult to site, such as airports, state educational facilities,
state or regional transportation facilities, state and local correctional facilities, solid waste
handling facilities, and in-patient facilities including substance-abuse facilities, mental health
facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public
facilities or services; they may be, but are not necessarily, publicly owned. Essential public
facilities in Jefferson County include airports, large-scale transportation facilities, solid waste
handling and disposal facilities, correctional facilities, in-patient treatment facilities including
substance-abuse facilities, and mental health facilities, state-owned educational facilities, and
wastewater treatment plants.
“Excavation” means the mechanical removal of earth.
Exemption (Exception). Reserved.
“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.”)
“Extraction” means the commercial removal of naturally occurring materials from the earth,
excluding water. [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.060 F definitions.
“Facility and service provider” means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
“Family” means an individual or two or more persons related by blood or marriage or a group
of not more than five persons living together as a single housekeeping unit and doing their
cooking on the premises as distinguished from a group occupying a boarding house or
rooming house or motel.
“Farm assistance agencies” means federal, state, or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service, the Washington Department of Agriculture,
or the Jefferson County conservation district.
“Farm equipment” for all chapters in this title, except Chapterchapter 18.22 JCC, includes,
but is not limited to, tractors, trailers, combines, tillage implements, balers, and other
equipment, including attachments and accessories that are used in the planting, cultivating,
irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
“Farm equipment” for purposes of Chapterchapter 18.22 JCC is governed by the definition of
“agricultural activities.”
“Farm plan” means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner’s goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
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resources such as machinery or buildings and finances available. The terms “conservation
plan” and “farm plan” are interchangeable in this context.
“Farm worker housing” means a place, area, or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
“Farmed wetland” means wet meadow, grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
“Feasible alternative” means an alternative that:
(a) Meets the requirements of federal, state, and local laws and regulations;
(b) Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of “upset conditions” (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
“Federal candidate species” means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
“Federal endangered species” means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
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“Federal sensitive species” means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
“Federal threatened species” means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
“Field Office Technical Guide (FOTG)” means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See “Recording.”)
“Fill” means any sand, gravel, earth, or other materials of any composition whatsoever placed
or deposited by humans.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
Chapterchapter 18.35 JCC and all other applicable codes and ordinances.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of “firearm” includes the terms “pistol,”
“rifle,” “short-barreled rifle,” “shotgun,” “short-barreled shotgun,” “machine gun,” and
“antique firearm” as those terms are defined in RCW 9.41.010. The term “firearm” shall not
include: (a) devices, including but not limited to “nail guns,” which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2).
“Firing line” means a line parallel to the targets from which firearms are discharged.
“Firing point” means a location from which one individual fires at an associated target located
down range.
“Fish and wildlife habitat conservation areas” has the same meaning as in WAC 365-190-
030(6).
“Flood Insurance Rate Map (FIRM)” means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
“Flood or flooding” means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
“Forest land” has the same meaning as in WAC 365-190-030(7).
“Forest management” means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
“Forest practice” means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
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less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
“Forest practice, conversion” means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
“Forest practice, conversion option harvest plan (COHP)” means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas, road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class II, III, or IV special forest
practice permit application, and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
“Forest resource lands” means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production (RCW 36.70A.030(8)).
“Frequently flooded areas” has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.070 G definitions.
“Geologically hazardous areas” has the same meaning as in WAC 365-190-030(9).
“Geotechnical professional” means a person with experience and training in analyzing,
evaluating, and mitigating any of the following: landslide, erosion, seismic, or mine hazards,
or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional
shall be licensed in the state of Washington as an engineering geologist, hydrogeologist, or
professional engineer. In accordance with WAC 196-27-020 and 308-15-140, licensed
engineering geologists, hydrogeologists, and professional engineers shall affix their
signatures or seals only to plans or documents dealing with subject matter in which they are
qualified by training or experience.
“Grade, existing” means the elevation of the ground or site prior to any work being done or
any changes being made to the ground or site.
“Grade, finished” means the final elevation of the ground level after development.
“Grade plane” means a reference plane representing the average of the finished ground level
adjoining the building at all exterior walls. Where the finished ground level slopes away from
the exterior walls, the reference plane shall be established by the lowest points within the area
between the building and the lot line or, where the lot line is more than six feet from the
building between the structure and a point six feet from the building.
“Grading” means stripping, cutting, filling, or stock-piling land including the land in its cut
or filled condition to create new grade.
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Grandfathered Uses and Structures. (See “Nonconforming,” “Nonconforming lot,”
“Nonconforming structure,” “Nonconforming use,” “Alteration, nonconforming structures,”
and “Alteration, nonconforming use.”)
“Grocery store” means a commercial establishment selling primarily packaged food products
typically in combination with household products and sundries.
“Gross area” means the total area included within the boundaries of any parcel including land
area up to any abutting public road right-of-way.
Groundwater. (See “Water, ground.”)
“Group home” means a residential occupancy that exceeds the definition of “family” in a
single-family residence.
“Group housing” means a residential dwelling that exceeds the definition of a single-family
residence and which is not a multifamily dwelling.
“Growth Management Act (GMA)” means the State of Washington Growth Management Act,
Chapterchapter 36.70A RCW, as amended. [Ord. 5-20 § 3 (Appx. A); Ord. 8-06 § 1]
18.10.080 H definitions.
“Habitat” means the place or type of site where a plant or animal naturally or normally lives
and grows.
“Hangars” means covered areas and enclosed structures for housing and repairing aircraft.
“Hazardous substance” means hazardous substance as defined in RCW 70.105D.020(13), as
it exists now or may be amended in the future.
“Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
“Hearing examiner” has the same meaning as “examiner” in JCC 2.30.030(8).
“Hearing Examiner Rules of Procedure” means the Hearing Examiner Rules of Procedure
adopted pursuant to JCC 2.30.070.
“Heavy equipment sales or rental services” means the use of any internal or external space for
the sale, rental and display of construction or other heavy equipment, machinery or vehicles
or parts thereof.
“Height, building” means the vertical distance from grade plane to the average height of the
highest roof surface (cf. International Building Code).
“Height, story” means the vertical distance from the top to top of two successive tiers of beams
or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top
of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters (cf.
International Building Code).
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“Historic site, structure or landmark” means a site, structure, building, district, or object of
archaeological, architectural, historical or cultural significance. This is shown by its listing,
or its determination of eligibility for listing, in the National Register of Historic Places, the
Washington Heritage Register, or determined to be contributing to the character and/or
historical significance of a district for which the State Historic Preservation Officer has made
a determination of eligibility pursuant to Section 106 of the National Historic Preservation
Act. This definition also applies to a site, structure, building, district, or object of
archaeological, architectural, historical or cultural significance shown by its designation, or
determination of eligibility for designation, by a local jurisdiction, or its inclusion in the
Washington State Inventory of Cultural Resources as administered by the Department of
Archaeology and Historic Preservation.
“Hobby kennel” means a kennel, as now defined in JCC 6.07.020, as it exists now or may be
amended in the future, which is not a commercial kennel at or adjacent to a private residence.
Home Business. Home-based businesses are secondary and incidental to the primary
residential use of the structure, provide supplemental income for a family, consist of limited-
scale service or fabrication, and limited retail sales.
“Homeowners association” means an incorporated nonprofit organization operating under
recorded land agreements, including, but not limited to, CC&Rs, through which:
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the
organization’s activities, such as maintaining commonly owner property; and
(c) A charge, if unpaid, becomes a lien against the real property.
“Hotel” (or “lodge”) means a commercial building in which lodging is provided and offered
to the public for compensation, and which is open to transient guests, and is not a motel or
bed and breakfast inn as otherwise defined in this code.
“Household” means one or more related or unrelated persons occupying a dwelling unit.
“Hydrogeologist” means a person who is qualified to engage in the practice of hydrogeology,
has met the qualifications in hydrogeology established under Chapterchapter 18.220 RCW,
and has been issued a license in hydrogeology by the Washington State Geologist Licensing
Board. In accordance with WAC 196-27-020 and 308-15-140, licensed hydrogeologists shall
affix their signatures or seals only to plans or documents dealing with subject matter in which
they are qualified by training or experience. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx.
A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 13-12 § 1; Ord. 8-06 § 1]
18.10.090 I definitions.
“Illegal use” means any use of land or a structure which is inconsistent with current codes or
was inconsistent with previous codes in effect when the use or structure was established. An
illegal use is different than a “nonconforming use.” (See also “Nonconforming.”)
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“Impact area” means the area in a backstop or bullet trap directly behind the target where
bullets are expected to impact or the area downrange where bullets will impact if not captured
by a backstop or bullet trap.
“Impervious surface” means a hard surface area that either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development. A hard surface
area which causes water to run off the surface in greater quantities or at an increased rate of
flow from the flow present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen
materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration
of stormwater. Open, uncovered retention/detention facilities shall not be considered as
impervious surfaces for purposes of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be
considered impervious surfaces for purposes of runoff modeling.
“Improvements” means the facilities and infrastructure of a land development, including, but
not limited to, the roads, sidewalks, street lights, stormwater facilities, sewage disposal
facilities, domestic water facilities, and other utilities and facilities required by chapter 18.35
JCC to be constructed in conjunction with any particular land division, as approved by the
necessary county departments.
“Incidental” means subordinate to, minor in significance, and bearing a reasonable
relationship with the primary use.
“Incompatible” means uses and activities that are not compatible. (See “Compatible.”)
“Indoor entertainment or recreational facilities” means places designed and equipped for the
conduct of sports and leisure-time activities, including, but not limited to, physical fitness
clubs, bowling alleys, theaters, playhouses, and billiard rooms.
“Indoor shooting facility” means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and
accessories.
“Industrial use, heavy or resource-based” means a use engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw materials or
natural resources; a use engaged in storage of or manufacturing processes using flammable,
hazardous or explosive materials; or manufacturing processes that potentially involve
hazardous or commonly recognized adverse conditions.
“Infrastructure” means existing installed facilities and services including capital facilities such
as water supply, sewage disposal, and storm drainage systems, and transportation facilities
such as public roads.
“Inoperable (or unlicensed) vehicle” means any motor vehicle (excluding farm machinery or
implements), trailer, or semitrailer which is inoperable and which, by virtue of its condition,
cannot be economically restored to operable condition; provided, that such vehicle, trailer, or
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semitrailer shall be presumed to be an inoperable or unlicensed vehicle if no license plates are
displayed or if the license plates displayed have been invalid for more than three years.
“Institutional facilities or development” means structures and related activity areas used by
organizations providing educational, social, or noncommercial recreational services to the
community, including performance halls, government service offices, facilities for assembly,
colleges, primary and secondary schools, museums, and libraries.
“In-stream resources” means features, properties, or other beneficial assets which exist within
a stream corridor, such as fish and wildlife habitat, recreation, and scenic beauty.
“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.
“Intensive” means highly concentrated, very large, or considerable, in terms of Jefferson
County standards and environment.
“International Building Code” means the building code officially adopted by Jefferson
County.
“Inter vivos” means a transfer or conveyance of property during the life of the owner, as
distinguished from testamentary transfers where the property passes at death. [Ord. 3-20 § 1
(Appx. A); Ord. 8-06 § 1]
18.10.100 J definitions.
“Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of
the following requirements: (a) three years or older; (b) extensively damaged, such damage
including, but not limited to, the following: a broken window or windshield, missing seats,
wheels, tires, motor, or transmission; (c) apparently inoperable; and/or (d) has approximate
fair market value equal only to the approximate value of the scrap in it.
“Junk yard” means a primary or accessory use of structures or land for storage, recycling,
dismantling or selling of cast-off, unused, scrap, or salvage material of any sort. [Ord. 8-06 §
1]
18.10.110 K definitions.
“Kennel” has the same meaning as in JCC 6.07.020, as it exists now or may be amended in
the future.
“Kitchen” means a room used for cooking or preparing food. [Ord. 14-18 § 4 (Exh. B); Ord.
8-06 § 1]
18.10.120 L definitions.
“Land disturbing activity” means any activity that results in movement of earth, or a change
in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography. Land disturbing activities include, but are not limited to, clearing, grading, filling,
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and excavation. Compaction that is associated with stabilization of structures and road
construction shall also be considered a land disturbing activity. Vegetation maintenance
practices are not considered land-disturbing activity.
Land Division. (See “Division of land.”)
“Land use decision” means a final determination by the county’s hearing body or officer with
the highest level of authority to make the determination, including those with authority to hear
appeals, on:
(a) An application for a project permit or other governmental approval required by law
before real property may be improved, developed, modified, sold, transferred, or used, but
excluding applications for permits or approvals to use, vacate, or transfer streets, parks,
and similar types of public property; excluding applications for legislative approvals such
as area-wide rezones and annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific
property of zoning or other ordinances or rules regulating the improvement, development,
modification, maintenance, or use of real property; and
(c) The enforcement by the county of regulations governing the improvement,
development, modification, maintenance, or use of real property.
“Landslide hazard areas” has the same meaning as in WAC 365-190-030(10).
“Landward” means to or toward the land.
“Legal lot of record” means any lot that is determined to be a legal lot of record pursuant to
Chapterchapter 18.12 JCC and satisfies the “legal lot of record” requirement in WAC 246-
272A-0320.
“Level of service (LOS)” means the number of units of capacity per unit of demand (e.g.,
trips, population, school-age residents) or other appropriate measure of need sufficient to meet
the standards for adequate service set forth in the Comprehensive Plan. (See also “Adequate
capacity (adequate capital or public facilities),” “Available capital facilities (available
capacity),” and “Concurrency.”)
“Light industrial” means a use involving: (a) basic processing and manufacturing of materials
or products predominantly from previously prepared materials; or (b) finished products or
parts, including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of such products, but excluding basic processing of raw materials
except food products.
“Livestock” means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas,
alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute.
Livestock does not mean free-ranging wildlife as defined in RCW Title 77.
“Livestock management” includes breeding, birthing, feeding, care, processing and sales of
animals and animal products, birds, honey bees, fish and shellfish.
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“Logging” means activities related to and conducted for purposes of harvesting or processing
timber.
“Long-term commercial significance” has the same meaning as in WAC 365-190-030(11).
“Lot” means a contiguous quantity of land in possession of, owned by or recorded as the
property of a person or entity. A lot also shall include any individually numbered or separately
designated parcels of property in an approved subdivision or development.
“Lot, buildable means: (a) a lot that is a legal lot of record, consistent with Chapterchapter
18.12 JCC and applicable law, and (b) has site development review approval pursuant to JCC
18.40.420 et seq. A guaranteed right to development of a lot can only be established once a
development permit application or building permit application vests pursuant to JCC
18.40.320.
“Lot, corner” means a lot situated at the intersection of two roads, by which the interior angle
does not exceed 135 degrees.
“Lot coverage” means the surface area of a lot or lots within a single development which is
occupied by buildings, excluding roof overhangs and covered porches not used for sales,
storage, or service.
“Lot, frontage” means the boundary of a lot that is along an existing or dedicated public road,
or where no public road exists, along a private road, easement or access way. On an interior
lot, it is the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line
most parallel to the nearest road from which access is obtained.
“Lot of record” means a lot or parcel of land that was created by a metes and bounds
description or through platting or other means, and met all applicable zoning and subdivision
requirements in effect at the time of lot creation. A lot of record is not necessarily developable
or buildable, but may be conveyed pursuant to Chapterchapter 58.17 RCW.
“Lot, pipestem” means a lot not meeting minimum frontage requirements and where access
to the public road is by a narrow private right-of-way or driveway. The term is synonymous
with “flag lot.”
“Lot, substandard” means a lot or parcel of land that has less than the required minimum area
or width as established by the land use district in which it is located or as defined in any other
section of the code.
“Lot, through” means a lot that has both ends fronting on a road or street; both ends shall be
deemed front.
“Lumber mill, portable” means portable equipment to mill, split, or otherwise process forest
products.
“Lumber mill, stationary” means a permanently located facility or equipment used to process
forest products. [Ord. 9-22 § 2 (Appx. A); Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1]
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18.10.130 M definitions.
“Maintenance agreement” means a written agreement between parties to physically maintain
a facility for common use in a manner which conforms to standards of adequacy specified in
such an agreement.
“Major industrial development” means a master planned location for a specific
manufacturing, industrial, or commercial business that (a) requires a parcel of land so large
that no suitable parcels are available within an urban growth area; or (b) is a natural resource-
based industry requiring a location near agricultural land, forest land, or mineral resource land
upon which it is dependent. A major industrial development shall not be for the purpose of
retail commercial development or multi-tenant office parks. (cf. RCW 36.70A.365(1).)
“Managing agency” means an individual or organization applying to permit a temporary
housing facility under JCC 18.20.385(2)(a). Managing agencies are limited to religious
organizations and nonprofit agencies. A “managing agency” may be the same entity as the
sponsor.
“Manufactured home” means a single-family dwelling built according to the Department of
Housing and Urban Development Manufactured Home Construction and Safety Standards
Act, which is a national, preemptive building code. A manufactured home also: (a) includes
plumbing, heating, air conditioning, and electrical systems; and (b) is built on a permanent
chassis; and (c) can be transported in one or more sections with each section at least eight feet
wide and 40 feet long when transported; or when installed on the site is 320 square feet or
greater. (See also “Mobile home.”)
Manufactured Housing. (See “Manufactured home” and “Mobile home.”)
“Manufacturing” means the mechanical or chemical transformation of materials or substances
into new products, including the assembling of component parts, the creation of products, and
the blending of materials, such as lubricating oils, plastics, resins, or liquors.
“Market value” means the most probable price which a property should bring in a competitive
and open market under all conditions requisite to a fair sale, the buyer and seller, each acting
prudently, knowledgeably and assuming the price is not affected by undue stimulus.
“Master planned resort” means a self-contained and fully integrated planned unit development
in a setting of significant natural amenities, with primary focus on destination resort facilities
consisting of short-term visitor accommodations associated with a range of on-site indoor or
outdoor recreational facilities. A master planned resort may include other residential uses
within its boundaries, but only if the residential uses are integrated into and support the on-
site recreational nature of the resort. (cf. RCW 36.70A.360.)
“Material change” means a measurable change that has significance for existing or proposed
development or for the existing environment.
“Meander line” means a line along a body of water intended to be used solely as a reference
for surveying.
“Mine hazard areas” has the same meaning as in WAC 365-190-030(12).
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“Mineral extraction” means the removal of naturally occurring materials from the earth for
economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay,
coal, and various types of stone. This shall not include the following:
(a) Excavation and grading at building construction sites where such construction is
authorized by a valid building permit; or
(b) Excavation and grading in public rights-of-way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the county;
or
(c) Excavation and grading for the purpose of developing ponds or manure lagoons for
agricultural purposes; or
(d) Excavation and grading in connection with and at the site of any creek, river, or flood-
control or storm drainage channel for the purpose of enlarging hydraulic capacity or
changing the location or constructing a new channel or storm drain where such work has
been approved by the county; or
(e) Excavation and grading where the excavated material will be used on the same
property or on property contiguous to and under the same ownership as the excavation.
“Mineral processing” means activities accessory to mineral extraction that include material
washing, sorting, crushing or more intensive modification or alteration through mechanical or
chemical means to a mineral resource after it has been removed from the earth. This does not
include asphalt or concrete batch plants.
“Mineral resource lands” has the same meaning as in WAC 365-190-030(13).
“Minerals” has the same meaning as in WAC 365-190-030(14).
“Mini storage” means a structure or structures containing separate, individual, and private
storage spaces leased or rented individually for varying periods of time.
“Minimal demands on existing infrastructure” means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection, water, wastewater
disposal or stormwater control, that is not provided by the applicant.
“Minimal impacts” means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
“Mitigation” means measures prescribed and implemented to avoid, minimize, lessen, or
compensate for adverse impacts.
“Mobile food unit” means a readily movable food and/or beverage establishment. (See also
JCC 18.20.182, Food and beverage stands.)
“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to the standards
other than the HUD Code, and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into the state. Mobile homes have not been built
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since the introduction of the HUD Manufactured Home Construction and Safety Standards
Act. (See also “Manufactured home” and “Manufactured housing.”)
“Mobile home park” means a development with two or more improved pads or spaces with
required improvements and utilities designed to accommodate mobile homes, according to
RCW 59.20.030 (4).
“Motel” means a commercial building or group of buildings in which lodging is provided to
transient guests, offered to the public for compensation, and in which access to and from each
room or unit is through an exterior door.
“Motor home” means a motor vehicle originally designed, reconstructed, or permanently
altered to provide facilities for human habitation, which include lodging, cooking, and sewage
disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or
similar unit constructed separately and affixed to a motor vehicle (RCW 46.04.305).
Multifamily Dwelling. (See “Dwelling unit, multiple-family.”) [Ord. 5-22 § 3 (Appx. A(1));
Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.140 N definitions.
“National Pollutant Discharge Elimination System (NPDES)” means a joint federal and state
permitting system for the control, monitoring, and reduction of point-sources of pollution,
established under the Federal Water Pollution Control Act (Clean Water Act) (Public Law 92-
500).
“National Register of Historic Places” means the official federal list, established by the
National Historic Preservation Act, of sites, districts, buildings, structures and objects
significant in the nation’s history and prehistory, or whose artistic or architectural value is
unique.
“Native vegetation” means plant species that are indigenous to Jefferson County.
“Natural or existing topography” means the topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or filling.
“Natural resource lands” has the same meaning as in WAC 365-190-030(15).
“Natural Resources Conservation Service” is a U.S. Department of Agriculture division that
provides technical assistance to decision-makers to protect, maintain and improve soil, water,
air, plant, and animal resources and related human considerations.
“Noise” means any sound not occurring in the natural environment which causes or tends to
cause an adverse psychological or physiological effect on humans. This includes sounds
arising from the amplification of noises generated by expected or permitted uses of a lot or
structure.
“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
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“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.”)
“Nonconsumptive use” means a use which does not permanently deplete, degrade, or destroy
the resource involved.
“Nonpoint source” means the release of waste or other flows which occurs over a broad or
undefined area. Releases which can be described as confined to a small area, such as
discharges from a pipe or conduit, are referred to as “point-source discharges.” (See also
“Point-source discharge.”)
“NRA Range Source Book” means the 2012 version of the NRA Range Source Book
published by the National Rifle Association.
“Nursery” means lands or greenhouses used to raise flowers, shrubs, and plants for
commercial purposes.
“Nursing/convalescent/assisted living facility” means a facility or residence that provides
health or long-term care services to residents, including nursing or other supportive or
restorative health services on a 24-hour basis (RCW 43.190.020). [Ord. 5-20 § 3 (Appx. A);
Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.150 O definitions.
“Off-street parking” means an area of land located outside of any public right-of-way or
private roadway and used for vehicular parking.
“Office” means a commercial use which provides business, professional, or personal services
to customers.
“Official maps” means the maps identified in the Jefferson County Comprehensive Plan as
the “official maps.” These maps show the applicable land use designation(s), overlays, and
maximum allowable density for all property in the county.
“On-site waste disposal” means any one of several means for disposal of sanitary waste on
the property from which it is generated (e.g., septic tank and drainfield).
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“Open record hearing” means a hearing, conducted by a single hearing body or officer that
creates the record through testimony and submission of evidence and information, under
procedures prescribed by ordinance or resolution. An open record hearing may be held prior
to the decision on a project permit to be known as an “open record predecision hearing.” An
open record hearing may be held on an appeal, to be known as an “open record appeal
hearing,” if no open record predecision hearing has been held on the project permit.
“Open space” means lands committed to farming and forestry uses and any parcel, lot, or area
of land or water essentially unimproved and set aside, dedicated, designated, or reserved for
public or private use or enjoyment.
“Open space tax program” means a county program associated with property taxation. Land
being used for agriculture may be enrolled in the tax program through the county assessor.
The tax program is independent of land use designation (i.e., zoning) and these development
regulations, except in the context of identifying “existing and ongoing agriculture,” as defined
and regulated in this code.
“Operating entity” for purposes of the temporary housing facility regulations in JCC
18.20.385 means the sponsor, managing agency, and individuals or organizations determined
by the administrator to be qualified under JCC 18.20.385(2)(a) to operate a temporary housing
facility.
“Operator” means any person who is in actual physical or electronic control of a powered
watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle.
“Outdoor commercial amusement facility” means permanent developments containing single
or multiple outdoor amusements such as batting cages, go-cart tracks, bumper cars,
amusement rides, or games of chance. This shall not include casinos or theme parks.
“Outdoor shooting facility” means a commercial shooting facility that is not an indoor
shooting facility.
Outdoor Storage Yards. (See “Storage yard, outdoor.”)
“Overlay district” means a district that provides policies and regulations in addition to those
of other sections in this code for certain land areas and for uses which warrant specific
recognition and management. Except as otherwise provided, the provisions of an overlay
district shall prevail over any conflicting provisions of this code for the duration of the overlay
district, subject to RCW Title 36.
“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership,
or corporation having sufficient property interest to seek development of land.
“Owner-occupied” means the residential occupancy of a building or property by the owner.
[Ord. 5-22 § 3 (Appx. A(2)); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.160 P definitions.
“Panhandle” means an irregular extension or protrusion of a lot created for the purpose of
providing such lot with frontage on a public or private road, street or access way.
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Parcel. (See “Lot.”)
“Parent parcel” means each existing lot that is located within the perimeter of a proposed
boundary line adjustment application.
“Park” means a tract of land designated and used by the public for recreation.
“Parking lot” means an off-street, ground level open area, usually improved, for the temporary
storage of motor vehicles.
“Parties of record” means persons or entities who wish to receive a copy of the hearing
examiner’s decision and notice of upcoming hearings. “Parties of record” includes the
applicant, appellant, petitioner, respondent, their agents and representatives, the county, and
persons or entities who: indicate on a sign-up sheet, at a public hearing, that they wish to
become a party of record; or for public hearings specifically advised the examiner’s office by
individual written letter or electronic mail of their desire to become a party of record. Persons
who only signed petitions or mechanically produced form letters may be excluded as parties
of record.
“Performance standard” means a set of criteria or limits relating to certain characteristics that
a particular use or process may not exceed.
“Permanent supportive housing” is subsidized, leased housing with no limit on length of stay
that prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal
history, and personal behaviors. Permanent supportive housing is paired with on-site or off-
site voluntary services designed to support a person living with a complex and disabling
behavioral health or physical health condition who was experiencing homelessness or was at
imminent risk of homelessness prior to moving into housing to retain their housing and be a
successful tenant in a housing arrangement, improve the resident’s health status, and connect
the resident of the housing with community-based health care, treatment, or employment
services. Permanent supportive housing is subject to all of the rights and responsibilities
defined in chapter 59.18 RCW.
“Permit center” means the Jefferson County department of community development.
“Permit exemption statement” means a written statement of administrative finding and
conclusions that a land use or development is consistent with applicable regulations and is not
subject to permit requirements of this code.
“Permit review” means the process of reviewing applications for project permits for
consistency with the requirements of this code.
“Permittee” means the entity to whom a permit is granted.
“Person” means any individual, owner, contractor, tenant, partnership, corporation, business
entity, association, organization, cooperative, public or municipal corporation, agency of a
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state or local governmental unit however designated, public or private institution, or an
employee or agent of any of the forgoing entities.
“Personal and professional services” means, for the purposes of this code, establishments
primarily engaged in providing assistance, as opposed to products, to individuals, business,
industry, government, and other enterprises, not listed specifically in this code as a distinct
use for regulatory purposes, such as laundry and dry cleaning services; barber shops and
beauty salons; locksmiths, banks, legal, engineering, architectural, design, financial and
accounting services, and the like.
“Pervious surface” means a surface that absorbs water.
“Physical containment” with respect to a commercial shooting facility means the use of
physical barriers that are sufficient to contain the projectile from the highest power firearm
used on a shooting range when the shooting range is used in accordance with its operating
permit. Physical containment may include but is not limited to baffles, sidewalls, backstops
and berms of adequate design, quantity, and location to ensure that projectiles cannot escape
the commercial shooting facility.
“Planned rural residential development (PRRD)” means development characterized by a
unified site design, clustered residential units, and areas of common open space pursuant to
Article VI-M of Chapterchapter 18.15 JCC.
“Planning department” means the Jefferson County department of community development.
“Plat” means a map or representation of a subdivision or short subdivision of land showing
the division of a parcel of land into lots, roads, dedications, common areas, restrictions and
easements, as regulated by Chapterchapter 58.17 RCW and this code.
Plat Alteration. (See “Subdivision, alteration of.”)
Plat, Long. (See “Subdivision, long.”)
Plat, Short. (See “Subdivision, short.”)
Plat Vacation. (See “Subdivision, vacation of.”)
“Playing field” means a land area designed and used for outdoor games, such as baseball,
football, soccer, track events and tennis. It includes public outdoor swimming pools.
“Point-source discharge” means the release of waste or other flows which can be described as
confined to a small area, such as discharges from a pipe or conduit. Releases occurring over
a broad or undefined area are referred to as “nonpoint sources.” (See also “Nonpoint source.”)
“Predecision hearing, open record” means a hearing, conducted by the hearing examiner, that
creates the county’s record through testimony and submittal of evidence and information,
under procedures prescribed by the county by ordinance or resolution. An “open record
predecision hearing” may be held prior to the county’s decision on a project permit (RCW
36.70B.020).
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“Preliminary approval” means the final action of the county granting approval to a short or
long subdivision, subject to applicable conditions that must be fully satisfied prior to final plat
approval.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision
consistent with the provisions of this code.
“Primary use” means the principal use of a property.
“Prime farmland soil” means land that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber and oilseed crops and is available for
these uses. (See Part 603.05, National Soils Handbook, Department of Agriculture, Soil
Conservation Service.) (WAC 365-190-030(1)(a).)
“Priority species” means all state and federal endangered, threatened, and sensitive species,
and all federal candidate species; and all species of local concern as defined in this chapter.
“Private road” or “private street” means an approved road or street that is not dedicated to the
county and is used for access to secondary lots that have no direct access to a public way.
“Producer” means a person engaged in agricultural activities, including but not limited to
farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or another comparable person.
“Prohibited uses” means any use or activity which is not specifically enumerated or
interpreted as allowable in the applicable land use district.
“Project permit” or “project permit application” means any land use or environmental permit
or license required from the county for a project action.
“Projectile” means an object fired from a firearm.
“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title
insurance policy insuring the status of an applicant as the owner in fee title to real property.
“Proprietor-occupied” means the residential occupancy by the owner of a building or
property.
“Provision” means any written language contained in this code, including without limitation
any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition.
“Public access areas” means ways or means of approach to provide the general public with a
physical entrance to a property.
“Public facilities” has the same meaning as in WAC 365-190-030(16).
“Public livestock market” means any place, establishment or facility commonly known as a
“public livestock market,” “livestock auction market,” “livestock sales ring,” yards selling on
commission, or the like, conducted or operated for compensation or profit as a public livestock
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market, consisting of pens and other enclosures, and their appurtenances in which livestock is
received, held, sold, or kept for sale or shipment. The term does not include the operation of
a person licensed under Chapterchapter 16.65 RCW to operate a special open consignment
horse sale.
“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit
prior to a decision. A public meeting may include, but is not limited to, a community
association meeting or a scoping meeting on a draft environmental impact statement (DEIS).
A public meeting does not include an open record hearing. The proceeding at a public meeting
may be recorded and a report or recommendation may be included in the county’s project
permit application file.
“Public purpose facilities” means lands and facilities needed to provide the full range of
services to the public provided by government, substantially funded by government,
contracted for by government, or provided by private entities to meet public service
obligations.
“Public road or public street” means an approved road or street, whether improved or
unimproved, held in public ownership or control (i.e., either through deed or easement
conveyance) and intended to be open as a matter of right to public vehicular travel.
“Public schools” means a building (and grounds) or part thereof designed, constructed, or
used for publicly operated education and/or instruction.
“Public services” has the same meaning as in WAC 365-190-030(17).
“Public transportation systems” means public facilities for air, water, or land transportation.
“Public way” means any publicly owned land set aside for utilities, surface transportation
purposes, including motorized vehicular and nonmotorized (e.g., bicycle and pedestrian)
transportation, whether improved or unimproved. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1
(Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.10.170 Q definitions.
“Qualified shooting range evaluator” means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
“Qualified wetlands consultant” means a person who has the qualifications to conduct wetland
studies and make recommendations for wetland mitigation. These qualifications include
specialization in wetland biology, botany, and hydrology, with appropriate education and
experience. [Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.180 R definitions.
“Rare, endangered, threatened and sensitive species” means plant and animal species
identified and listed by the Washington State Department of Natural Resources, Washington
Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S.
Fish and Wildlife Service, as being severely limited or threatened with extinction within their
native ranges.
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“RCW” means the Revised Code of Washington, as it now exists or may be amended in the
future.
“Reclamation” means rehabilitation for the appropriate future use of disturbed areas resulting
from surface mining including areas under associated mineral processing equipment, areas
under stockpiled materials, and aboveground waste rock and tailing facilities, and all other
surface disturbances associated with underground mines. Although both the need for and the
practicability of reclamation will control the type and degree of reclamation in any specific
surface mine, the basic objective shall be to reestablish on a perpetual basis the vegetative
cover, soil stability, and water conditions appropriate to the approved subsequent use of the
surface mine and to prevent or mitigate future environmental degradation.
“Reclamation setbacks” include those lands along the margins of surface mines wherein
minerals and overburden shall be preserved in sufficient volumes to accomplish reclamation
according to the approved plan and the minimum reclamation standards. Maintenance of
reclamation setbacks may not preclude other mine-related activities within the reclamation
setback.
“Recording” means the filing of a document(s) for recordation with the county auditor.
“Recreational development” means parks and facilities for camping, indoor and outdoor
sports, and similar developments.
“Recreational park trailer” means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping or seasonal use, that meets the following
criteria: (a) built on a single chassis, mounted on wheels; (b) having a gross trailer not
exceeding 400 square feet in the set-up mode; (c) certified by the manufacturer as complying
with ANSI A119.5.
“Recreational uses” means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
“Recreational vehicle (RV)” means a vehicle designed primarily for recreational camping or
travel use that has its own motive power or is mounted on or towed by another vehicle,
including travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and
motor homes, but not mobile homes (RCW 43.22.335).
“Recreational vehicle park” means a commercially developed tract of land in which two or
more recreational vehicle sites are established as the principal use of the land.
“Recycling” means the process of segregating solid waste for sale, processing, and beneficial
use. Materials which can be removed through recycling include but are not limited to
newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not
include combustion of solid waste or preparation of a fuel from solid waste.
“Recycling center” means an area, with or without buildings, upon which used materials are
separated and processed for shipment.
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“Recycling collection facilities” means neighborhood facilities for the drop-off and temporary
storage of recyclables but without waste processing.
“Regulated substance” means:
Any substance defined in Section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980 (but not including any
substance regulated as a hazardous waste under Subtitle C of the Federal Solid Waste
Disposal Act, or a mixture of such hazardous waste and any other regulated substances);
and
Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute). The term “regulated substance” includes but is not limited to petroleum and
petroleum-based substances comprised of a complex blend of hydrocarbons derived from
crude oil through processes of separation, conversion, upgrading and finishing, such as
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents,
and used oils. The term “regulated substance” does not include propane or asphalt or any
other petroleum product which is not liquid at standard conditions of temperature and
pressure (WAC 173-360-120).
“Religious assembly facility” means a facility designed and used primarily for ceremonies,
rituals, and education pertaining to a particular system of spiritual beliefs (e.g., a church).
“Residential care facility” means a facility that provides room, board and care with 24-hour
supervision for persons who, by reason of circumstance or condition, require care. This may
include care for the aged or functionally disabled persons but shall not include correctional
facilities, inpatient substance abuse or inpatient mental health facilities that are otherwise
identified as essential public facilities by the Comprehensive Plan and regulated under JCC
18.15.110.
“Residential development” means development of land with dwelling units for nontransient
occupancy. For the purposes of this code, accessory dwelling units, garages, and other similar
structures accessory to a dwelling unit shall also be considered residential development unless
regulated otherwise by this code or subarea plans. (See also “Dwelling unit” and “Accessory
dwelling unit.”)
“Resource-based industrial” means a forest resource-based industrial land use designation that
recognizes existing, active sawmills and related activities.
“Resource lands” means agricultural, forest, and mineral lands that have long-term
commercial significance.
“Resource management system” means a conservation system that meets or exceeds the
quality criteria in the NRCS FOTG for resource sustainability for all identified resource
concerns for soil, water, air, plants and animals.
“Restoration” means to return to an original or like condition.
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“Restriction” means a limitation placed upon the use of parcel(s) of land.
“Retail sales and services” means establishments engaged in retail sales of goods, including,
but not limited to, the retail sale of merchandise not specifically listed under another use
classification in Table 3-1 in JCC 18.15.040. This classification includes, but is not limited
to, department stores, clothing stores, shoe stores, jewelry stores, hardware stores, furniture
stores, antique stores, pharmacies, appliance stores, agricultural feed and supply stores,
stationary stores, office supply stores and other similar uses; and establishments engaged in
the sale of services directly to the consumer including, but not limited to, small equipment
repair, plumbing and electrical repair services, and other similar uses.
Right-of-Way. (See “Public way.”)
“Right-to-farm provisions” means provisions intended to enhance and encourage agricultural
operations by recognizing agricultural activities as essential rural activities that do not
constitute a nuisance.
“Right-to-forestry provisions” means provisions intended to enhance and encourage
sustainable forestry operations by recognizing forestry activities as essential rural activities
that do not constitute a nuisance.
“Road” means an improved and maintained public or private right-of-way which provides
vehicular access to abutting properties, and which may also include provision for public
utilities, pedestrian access, cut and fill slopes, and drainage.
“Road, access” means a road that functions solely to provide access to two or more properties.
“Road, arterial” means roads designated as arterial roads in the Transportation Element of the
Comprehensive Plan.
“Road, collector” means:
(a) Roads designated as collector roads in the Transportation Element of the
Comprehensive Plan.
(b) A street or road whose principal function is to carry traffic between access and arterial
roads and streets.
“Road end” means:
(a) A road closed at one end that may be designed for future road extensions.
(b) The point at which a public road meets the tidelands or a body of water.
“Road, primary” means any existing or proposed road designated as an arterial or collector
road in the Transportation Element of the Comprehensive Plan or so designated by the
Jefferson County engineer.
“Roadway” means that portion of an approved road or street intended for the accommodation
of vehicular traffic, generally between curb lines on an improved surface.
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“Rules and regulations” with reference to a commercial shooting facility means requirements
used for the safe operation of a commercial shooting facility.
“Runoff” means water originating from rainfall and other precipitation that is found in
drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as
shallow groundwater. In addition, that portion of rainfall or other precipitation that becomes
surface flow and interflow.
“Runway” means the defined area at an airport, airfield, or airstrip indicated for landing and
takeoff of aircraft along its length.
“Rural character” means a quality of the landscape dominated by pastoral, agricultural,
forested, and natural areas interspersed with single-family homes, limited economic
development, and farm structures. Rural character refers to the patterns of land use and
development established by the Comprehensive Plan:
(a) In which open space, the natural landscape, and vegetation predominate over the built
environment;
(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both
live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and
communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife
habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low
density development;
(f) That generally do not require the extension of urban governmental services; and
(g) That are consistent with the protection of natural surface water flows and groundwater
and surface water recharge and discharge areas. (cf. RCW 36.70A.030(14).)
“Rural commercial designation” means the land use designation of the Comprehensive Plan
designed to provide opportunities for some commercial uses to be located in rural areas.
“Rural commercial uses” means the use of land or the use or construction of structures or
facilities involving the retail sale of goods or services which is either unsuitable for a rural
village center or rural crossroad or is better suited to rural lands and that does not require
urban governmental services.
“Rural crossroads” means those areas established by virtue of historic transportation patterns
and characterized by existing concentrations of small-scale commercial uses fronting on, or
in close proximity to, major transportation routes and intersections. The following three types
of commercial rural crossroads exist in Jefferson County: neighborhood/visitor crossroads,
convenience crossroads, and general crossroads:
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(1) Convenience Crossroads (CC). Those crossroads that provide a limited selection of basic
retail goods and services, and serve a lower intensity population base and the traveling public.
Convenience crossroads are characterized by a single convenience/general store. There are
three convenience crossroads in Jefferson County: Nordland, Beaver Valley and Wawa Point.
(2) Neighborhood/Visitor Crossroads (NC). Those crossroads which provide multiple uses
and services serving both the local community and the traveling public. There are five
neighborhood/visitor crossroads identified in Jefferson County: Mats Mats, Discovery Bay,
Four Corners, Chimacum and Gardiner.
(3) General Crossroads (GC). Similar to neighborhood crossroads, general crossroads serve a
higher local population base and offer a wider variety of goods and services. There are three
general crossroads identified in Jefferson County: Ness’ Corner, Irondale Corner and SR
19/20 Intersection.
“Rural governmental services” means those public services provided to rural areas at a scale
consistent with the rural character of the area.
“Rural lands” means the class of land use designations which are intended to preserve the
rural character of the county. Rural land designations include the following: rural residential,
rural commercial, and rural industrial.
“Rural recreational lodging or cabins” means a rural commercial establishment consisting of
tourist lodging facilities such as cabins and/or motel, hotel, inn or lodge units that provide for
overnight sleeping accommodations and may also provide limited small-scale conference or
retreat facilities consistent with the standards set forth in JCC 18.20.350.
“Rural residential designation” means the land use designation in the Comprehensive Plan
designed to recognize existing residential development patterns of the rural landscape and
provide for a variety of residential living opportunities at densities which maintain the
primarily rural residential character of an area.
“Rural village center” means small, unincorporated commercial and residential community
centers that provide a rural level of services and which serve as a focal point for the local
population. In Jefferson County these centers include: Quilcene and Brinnon. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.190 S definitions.
“Sale” means the conveyance for consideration of legal or beneficial ownership.
“Salt water intrusion” means the underground flow of salt water into wells and aquifers.
“Screening” means a method of visually shielding or obscuring a structure or use from view
by fencing, walls, trees, or densely planted vegetation.
“Seaward” means to or toward the sea.
Seawater Intrusion. (See “Salt water intrusion.”)
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“Seawater intrusion protection zone (SIPZ)” means aquifers and land overlying aquifers with
some degree of vulnerability to seawater intrusion.
“Sedimentation” means the process by which material is transported and deposited by water
or wind.
“Seiche and landslide generated wave hazard areas” means lake and marine shoreline areas
susceptible to flooding, inundation, debris impact, or mass wasting as the result of a seiche or
landslide generated waves. No known best available science is currently available to
characterize potential seiche hazards in Jefferson County.
“Seismic hazard areas” has the same meaning as in WAC 365-190-030(18).
“Sensitive areas” associated with JCC 18.20.345, Sexually oriented businesses, include:
schools, day care facilities, libraries, off-road public trails and paths, public indoor
recreational facilities, hospitals, parks and playgrounds, places of worship (i.e., churches),
community centers, senior citizen centers, cemeteries, residential neighborhoods, master
planned resorts.
“Sensitive species” means species that could become threatened as classified by the State of
Washington Department of Fish and Wildlife, Nongame Program, and the Department of
Natural Resources, Washington Natural Heritage Plan.
“Service area” means a geographic area defined by a county or intergovernmental agreement
in which a defined set of public facilities provides service to development within the area
(e.g., an area identified by a public water system that includes the ability to provide a water
tap).
“Setback” means the distance a structure is placed behind a specified line or topographic
feature.
“Sewerage treatment facilities” means the management, storage, collection, transportation,
treatment, utilization, and processing of sewage from a municipal or community sewage
treatment plant, not including community drain fields.
“Sexually oriented business” means:
(1) Any exhibition, performance or dance conducted in an sexually oriented business facility
where such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified sexual
activities or any specified anatomical areas; or
(2) Any exhibition, performance or dance intended to sexually stimulate any patron and
conducted in a sexually oriented business facility where such exhibition, performance or
dance is performed for, arranged with, or engaged in with fewer than all patrons in the sexually
oriented business facility at that time, with separate consideration paid, either directly or
indirectly, for such performance, exhibition or dance. For purposes of example and not
limitation, such exhibitions, performances or dances are commonly referred to as table
dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing; or
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(3) Sexually oriented retail store, meaning an enclosed building, or any portion thereof, which,
for money or any other form of consideration, devotes a significant or substantial portion of
stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented
materials. For purposes of this definition, a retail store devotes a significant or substantial
portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan,
trade, transfer or viewing of such sexually oriented materials is clearly material to the
economic viability of the business. It is rebuttably presumed that such sexually oriented
materials are clearly material to the viability of the business if sexually oriented materials
account for:
(a) Twenty-five percent or more of the retail dollar value of gross sales over any quarterly
period;
(b) Twenty-five percent or more of the floor area of the store open to the public;
(c) Twenty-five percent or more of the retail dollar value of all merchandise displayed in
the store;
(d) Twenty-five percent or more of the store’s inventory (whether measured by retail
dollar value or number of items); or
(e) Twenty-five percent or more of the store’s stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually
oriented materials be considered a sexually oriented retail store.
(4) Also see JCC 5.10.030 for a more complete list of definitions.
“Shooting range” consists of a firing line or firing points, and an impact area.
“Shoreline Management Act” means the Shoreline Management Act of 1971 (Chapterchapter
90.58 RCW), as amended.
“Shoreline Master Program (SMP)” means the Jefferson County Shoreline Master Program.
“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for
record with the county auditor, and containing all elements and requirements set forth in
Chapterchapter 18.35 JCC.
“Sign” means any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images. Excluded from this definition are signs required by law, such as handicapped parking
signs, and the flags of national and state governments.
“Sign, commercial” means a sign that directs attention to a business or profession, to a
commodity or service sold, offered, or manufactured, or to an entertainment offered on the
premises where the sign is located.
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“Sign, freestanding” means a sign not attached to a structure.
“Silviculture” means the study and practice of controlling the establishment, composition,
constitution, health, growth, and quality of forest stands.
“Single-family residence” means a dwelling unit designed for and occupied by no more than
one family.
“SIPZ” means seawater intrusion protection zones.
“Site evaluation checklist” means all the information described in JCC 18.22.945(3)(d).
“Small equipment repair, sales and rental services” means commercial establishments
engaged primarily in the repair, and/or rental and sale of small equipment, including, but not
limited to, tools, watches, appliances, televisions and other electronic devices, computers,
lawnmowers, bicycles and similar items.
“Small-scale” means of a size or intensity which has minimal impacts on the surrounding area
and which makes minimal demands on the existing infrastructure.
“Small-scale recreation or tourist uses” means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in
JCC 18.20.350.
“Soil log” means the excavation and written record of soil septic suitability as per health
department written guidelines and requirements.
“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except
wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and
crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-
solid materials which are not the primary products of public, private, industrial, commercial,
mining and agricultural operations. Solid waste includes but is not limited to sludge from
wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste, and
problem wastes. Unrecovered residues from recycling operations shall be considered solid
waste.
“Solid waste disposal” means the act or process of disposing of rubbish and garbage.
“Sound” means an oscillation in pressure, particle displacement, particle velocity, or other
physical parameter in a medium with internal forces that causes compression and rarefaction
of that medium, including any characteristics of sound, such as duration, intensity, and
frequency.
“Source of contamination” means a facility or disposal or storage site for material that impairs
the quality of groundwater to a degree that creates a potential hazard to the environment,
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public health, or interferes with a beneficial use; or in reference to well drilling, a specific area
or source as defined in WAC 173-160-171.
“Special flood hazard” means land in the floodplain subject to a one percent or greater chance
of flooding in any given year.
“Special report” means a technical report or study containing certain site analyses or project
evaluations or a plan describing mitigation or monitoring recommendations.
“Species of local importance” has the same meaning as in WAC 365-190-030(19).
“Sponsor” for purposes of the temporary housing facility regulations in JCC 18.20.385 means
an organization that is:
(a) A state of Washington registered not-for-profit corporation and federally recognized
tax exempt 501(c)(3) organization that invites a temporary housing facility to reside on
land it owns or leases; or
(b) Recognized by the Internal Revenue Service as exempt from federal income taxes as
a religious organization, which expresses its religious mission, in part, by organizing
living accommodations for those experiencing homelessness.
“Sprawl, low density” means scattered, poorly planned low density development that occurs
particularly in urban fringe and rural areas and frequently invades land important for
environmental and natural resource protection. Sprawl typically manifests itself in one or
more of the following patterns:
(a) Leap frog development: when new development of urban or suburban character is sited
away from an existing developed urban or suburban area, bypassing vacant parcels located
in or closer to the developed area that are suitable for development;
(b) Strip development: when large amounts of commercial, retail, or other nonresidential
development are located in a linear pattern along one or both sides of a major arterial or
collector and, typically, accessing directly onto the arterial or collector; and
(c) Large expanses of low density, single-family dwelling development, outside of urban
areas, rural village centers, or master planned resorts, that are located in relatively close
proximity to one another.
“State endangered species” means a species native to the state of Washington that is seriously
threatened with extinction throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232-12-014.
“State sensitive species” means a species, native to the state of Washington, that is vulnerable
or declining and is likely to become endangered or threatened in a significant portion of its
range within the state without cooperative management or the removal of threats. Sensitive
species are legally designated in WAC 232-12-011.
“State threatened species” means a species, native to the state of Washington, that is likely to
become endangered in the foreseeable future throughout a significant portion of its range
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within the state without cooperative management or the removal of threats. Threatened
species are legally designated in WAC 232-12-011.
“Stockyard” means any place, establishment, or facility commonly known as a stockyard
consisting of pens or other enclosures and their appurtenances in which livestock services
such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public;
provided, that “stockyard” shall not include any facilities where livestock is offered for sale
at public auction, feed lots, or quarantined registered feed lots.
“Storage yard, outdoor” means an outdoor area used for the storage of equipment, vehicles or
materials for periods exceeding 72 hours.
“Street” means a public or private thoroughfare or easement that affords primary means of
access. For the purposes of Chapterchapter 18.35 JCC, the definition of street includes all
public and private utilities such as communication lines, cable television lines, electrical lines
and equipment, gas distribution lines, stormwater, sidewalks, and other similar facilities
commonly found in street rights-of-way.
“Street or road frontage” means the length along a street which a structure, business, or lot
abuts or fronts.
“Structure” means a permanent or temporary edifice or building or any piece of work
artificially built up or composed of parts joined together in some definite manner, whether
installed on, above, or below the surface of the ground or water, except for vessels (WAC
173-27-030).
“Subarea plan” means a detailed plan consistent with but more specific than this code or the
Comprehensive Plan. It may be a detailed land use plan for a specific geographic area, or a
functional long-range plan for a land use or resource issue of county-wide concern.
“Subdivision” means the division or redivision of land into lots, tracts, parcels sites or
divisions for the purpose of sale, lease or transfer of ownership.
“Subdivision, alteration of” means the alteration of lots or changes in dedications or
restrictions or easements shown on the face of a plat of a subdivision or short subdivision;
except as provided by RCW 58.17.040(6) for boundary line adjustments.
“Subdivision development standards” means the county’s engineering, design and
construction standards and specifications contained in Chapterchapter 18.30 JCC, including
any incorporated standards, governing the construction of public and private improvements
serving new divisions of land. The county’s subdivision development standards include the
adopted public works standards for design and construction of transportation facilities and
standards for clearing and grading, erosion control, stormwater facilities, and water and
sewage disposal improvements.
“Subdivision, long” means the division or redivision of land into five or more lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
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“Subdivision, phased” means a subdivision that is developed in increments over a period of
time.
“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Subdivision, vacation of” means the removal of lots, boundaries, roads, dedications,
restrictions, or easements of a recorded subdivision or short subdivision.
“Surface mine” means any area or areas in close proximity to each other, as determined by
the department, where extraction of minerals results: (a) in more than three acres of disturbed
area, (b) surface-mined slopes greater than 30 feet high and steeper than one foot horizontal
to one foot vertical, (c) more than one acre of disturbed area within an eight-acre area; when
the disturbed area results from mineral prospecting or exploration activities. Surface mines
include areas where mineral extraction from the surface or subsurface occurs by the auger
method or by reworking mine refuse or tailings, when the disturbed area exceeds the size or
height thresholds listed in of this definition. Surface mining occurs when operations have
created or are intended to create a surface mine as defined by this subsection. Surface mining
shall exclude excavations or grading used primarily for on-site construction, on-site road
maintenance, or on-site landfill construction, for the purpose of public safety or restoring the
land following a natural disaster, for the purpose of removing stockpiles, for forest or farm
road construction or maintenance on site or on contiguous lands, primarily for public works
projects if the mines are owned or primarily operated by counties with 1993 populations of
less than 20,000 persons, and if each mine has less than seven acres of disturbed area, and for
sand authorized by RCW 79A.05.630.
Surrounding (Area or Property). A lot of record shall be considered to be a “surrounding”
property with respect to the subject parcel or parcels if any portion of that lot of record is
within 300 feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are
designated on the land use map as rural, residential, resource area, or parks preserve and
recreation and shall be considered surrounding if any portion of the lot of record is within 100
feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are designated as
urban growth area or rural commercial. For industrial the criteria for “surrounding” property
shall be 600 feet.
“Sustainable” means actions or activities which preserve and enhance resources for future
generations. [Ord. 5-22 § 3 (Appx. A(3)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A);
Ord. 14-18 § 4 (Exh. B); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]
18.10.200 T definitions.
“Target” means a mark to shoot at.
“Target line” means the line where targets are placed.
“Temporary housing facility” means a facility providing temporary housing accommodations
pursuant to JCC 18.20.385. Temporary housing facilities include temporary structures as
defined in this section and may also include a safe parking area and common use structures.
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“Temporary structures” includes tents, RVs, tiny shelters, and any other structure designed to
provide personal and private shelter to an individual or family.
“Temporary tent facility” means a temporary housing facility for unhoused people that is
composed of tents or other temporary structures, as approved pursuant to JCC 18.20.385.
“Temporary tiny shelter village” means a temporary housing facility for unhoused people that
is composed of purpose-built tiny structures, as approved by the administrator, on a site
permitted by the department pursuant to JCC 18.20.385. Temporary tiny structures for
unhoused people are typically less than 200 square feet and easily constructed and moved to
various locations. For the purposes of JCC 18.20.385, temporary tiny structures are not
dwelling units for purposes of Chapterchapter 15.05 JCC.
“Threatened species” means a species that is likely to become an endangered species within
the foreseeable future, as classified by the Washington Department of Fish and Wildlife,
Wildlife Policy No. 602, and the Department of Natural Resources, Washington Natural
Heritage Program.
“Threshold determination” means the decision by the responsible official under the State
Environmental Policy Act (SEPA) regarding the likelihood that a project or other “action”
(WAC 197-11-704) will have a probable significant adverse impact on an element of the
environment.
“Timber land” means land supporting or capable of supporting a stand of merchantable timber
and which is not being developed or used for an activity which is incompatible with timber
production.
“Tourist uses” means used by persons traveling for pleasure or culture.
“Townhouses” means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less than
two sides.
Tract. (See “Lot.”)
“Trailer” means a structure standing on wheels, towed or hauled by another vehicle, and used
for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary
office.
“Transfer of development rights (TDR)” means the transfer of the right to develop or build,
expressed in dwelling units per acre, from land in one land use designation to land in another
designation or from one property owner to another, where such a transfer is permitted.
“Transient accommodations” means a commercial use involving the rental of any structure or
portion thereof for the purpose of providing lodging for periods less than 30 days.
“Transient residence or transient ADU” means a single-family residential unit or ADU used
for short-term transient occupancy (for periods less than 30 days).
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“Transitional housing” means a project that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
“Transportation facilities” means roads, trails, airports, airfields, public docks, ferries and
related terminals, and parking areas.
“Tree line” means the line created by existing trees, at the trunk line, growing in a generally
continuous line, as opposed to a line drawn between a few isolated trees.
“Tsunami hazard areas” means coastal areas susceptible to flooding, inundation, debris
impact, or mass wasting as the result of a tsunami generated by seismic events. [Ord. 5-22 §
3 (Appx. A(4)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.210 U definitions.
“Unimproved, dormant platted land” means land within the limits of a plat recorded prior to
1937 that, as of the date of the initial adoption of the ordinance codified in this Unified
Development Code, does not contain a building that is or has been used as a dwelling unit or
as a viable business facility.
“Unit Lot Subdivision” means a land division of a parent site into separately owned unit lots.
“Uplands” means lands outside of the jurisdiction of the Shoreline Master Program.
“Urban growth” has the same meaning as in WAC 365-190-030(20).
“Urban growth area” means an area designated by the county within which urban growth is
to be encouraged and outside of which growth is not intended to be urban in nature. (cf.
Chapterchapter 36.70A RCW.)
Urban Services. Pursuant to RCW 36.70A.030 (19), urban services are those public services
and public facilities at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, municipal water systems, street cleaning services,
fire and police protection services, public transit services, street improvements such as
sidewalks, curbs and gutters and other public utilities associated with urban areas and
normally not associated with rural.
“U.S.C.” means the United States Code, as it now exists or is later amended.
“Use” means the purpose that land or building or structures now serve or for which they are
or may be occupied, maintained, arranged, designed, or intended.
“Utilities” means facilities serving the public through a network of wires or pipes, and
ancillary structures thereto, including systems for the delivery of natural gas, electricity, and
telecommunications services.
“Utility distribution lines” means pipes, wires, and associated structural supports.
“Utility facilities” means facilities directly used for the distribution or transmission of services
to an area, excluding utility service offices.
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114
“Utility substations” means the intermediate substations used for the transmission of utilities.
(See “Utility facilities.”)
“Utility transmission lines” means pipes, wires and associated structural supports. [Ord. 5-20
§ 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.220 V definitions.
“Vacation, roads and streets” means a statutory procedure by which the county may relinquish
its interest in streets, alleys, or easements.
“Variance” means the means by which an adjustment is made in the application of the specific
bulk, dimensional, or performance standards set forth in this code to a particular piece of
property, which property, because of special circumstances applicable to it is deprived of
privileges commonly enjoyed by other properties in the same land use designation or vicinity
and which adjustment remedies disparity in privileges. Variances shall not be used to vary
from the allowable, conditional and prohibited uses set forth in Table 3-1 in JCC 18.15.040.
“Variance, major” means all variances other than those meeting the definition of a minor
variance.
“Variance, minor” means variances that would permit expansion of an existing building that
would extend no more than 10 percent beyond the dimensional, area and bulk requirements
specified by this code. Minor variances also include variances to allow expansion of an
existing building that is nonconforming as to setback or lot coverage requirements when the
proposed expansion would not:
(a) Increase the nonconformity of the building; and
(b) Result in any portion of the building or expansion being located closer to the nearest
abutting property line than does the existing building at its nearest point to the property
line.
“Vicinity” means, in rural and resource lands, the area generally within one mile of the
exterior boundary of a given parcel. [Ord. 8-06 § 1]
18.10.230 W definitions.
“WAC” means the Washington Administrative Code, as it now exists or may be amended in
the future.
WADOT. (See “WSDOT” or “DOT.”)
“Warehouse (or wholesale distribution center)” means a building, establishment or place of
business used primarily for the storage of goods and materials for commercial or industrial
purposes. Retail sales from such establishments shall be incidental to the primary use and
limited to that allowed by JCC 18.20.220, Industrial uses – Standards for site development.
Warehouse, Agricultural. (See “Agricultural warehouse (public warehouse).”)
“Water conservation” means a reduction in the amount of water used to carry out a beneficial
water use without a reduction in the value of service the water provides.
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Chapter 18.10 DEFINITIONS
115
“Water, ground” means all waters that exist beneath the land surface or beneath the bed of
any stream, lake or reservoir, or any other body of water within the boundaries of the state, as
defined in RCW 90.44.035.
“Water, potable” means water suitable for human consumption.
“Water purveyor” means any agency or subdivision of the state or any municipal corporation,
firm, company, mutual or cooperative association, institution, partnership, or person or any
other entity that owns or operates a public water system. Includes the authorized agents of any
such entities.
“Water storage tanks” means tanks or reservoirs used for the storage of water.
“Water supply plans” means a design sketch showing proposed source and lots to be served
or detailed engineering plans and specifications.
“Water system, alternative” means any source of water for an individual single-family use
other than a legally constructed well that produces more than 400 gallons per day, or an
approved public water system that can provide adequate water for the intended use of a
structure.
“Water system, approved” means any water source approved by the county health department
and Washington Department of Health, including but not limited to wells, ponds, roof
collection systems, treated systems, and public water supplies.
“Water system, individual (residential)” means any water supply system which is not subject
to the State Board of Health drinking water regulations, Chapterchapter 246-290 WAC. An
individual water supply system generally provides water to one single-family residence and
no more than one accessory dwelling unit, or in the case of family farms, four or fewer
connections on the same farm.
“Water system, public” means any water system subject to the State Board of Health drinking
water regulations, Chapterchapter 246-290 WAC, excluding a system serving only one single-
family residence or a system with four or fewer connections all of which serve residences on
the same farm, providing piped water for human consumption, including (a) any collection,
treatment, storage or distribution facilities which are under control of the purveyor and used
primarily in connection with a system, and (b) any collection of pretreatment storage facilities
which are not under the control of the purveyor but are primarily used in connection with the
system.
“WDFW” means Washington Department of Fish and Wildlife.
“WDOE” means the Washington Department of Ecology. (See “Ecology (WDOE).”)
“Well testing” means acquiring data directly from a constructed well in order to determine
characteristics of the well, the water found in the well, or the geologic formations through
which the well has passed. The well test may include pump testing, water quality testing, or
geophysical testing.
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Chapter 18.10 DEFINITIONS
116
“Wetland” or “wetlands” has the same meaning as in WAC 365-190-030(22).
“Wetland alteration” means any human-induced action which impacts the existing condition
of a wetland or its buffer. Alterations include but are not limited to: grading; filling; dredging;
draining; channelizing; installing drainage tiles; cutting, pruning, limbing or topping, clearing,
relocating, planting or removing vegetation; applying herbicides or pesticides or any
hazardous or toxic substance; discharging pollutants excepting stormwater; grazing domestic
animals; paving, construction, application of gravel; modifying for surface water management
purposes; or any other human activity that impacts the existing vegetation, hydrology, wildlife
or wildlife habitat. Alteration does not include walking, passive recreation, fishing, or other
similar activities.
“Wetland buffer” means the area immediately adjoining and contiguous with a wetland.
“Wetland creation” means the action performed to intentionally establish a wetland or a
portion of a wetland where one did not formerly exist.
“Wetland delineation” means the technical process of determining the edge of the wetland in
the field and ascertaining its classification and value.
“Wetland edge” means the boundary of a wetland as identified using the required wetland
delineation procedure.
“Wetland, emergent” means a regulated wetland, or portion thereof, with at least 30 percent
of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost
vegetative strata.
“Wetland enhancement” means alteration of an existing wetland or habitat to improve or
increase its characteristics and processes without degrading other existing functions.
Enhancements are to be distinguished from wetland or habitat creation or restoration projects.
“Wetland, forested” means a regulated wetland, or portion thereof, with at least 20 percent of
the surface area covered by woody vegetation greater than 20 feet in height.
“Wetland functions and values” means the beneficial roles performed by wetlands include but
are not limited to: water quality protection and enhancement; fish and wildlife habitat; food
chain support; flood storage, conveyance and attenuation; groundwater recharge and
discharge; erosion control; wave attenuation; historical and archaeological and aesthetic
value; and recreation.
“Wetland, isolated” means those regulated wetlands which:
(a) Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream;
(b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and
any surface water; and
(c) Have no surface water connection to a lake, river, or stream during any part of the
year.
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Chapter 18.10 DEFINITIONS
117
“Wetland, maintenance and repair” means activities that change the size or scope of a use or
structure beyond its original nature; or which drain, dredge, fill, flood, or otherwise alter
additional regulated critical areas.
“Wetland, regulated” means a wetland that meets the standards of this code. However, a
wetland that does not meet these standards may still be regulated under the federal Clean
Water Act.
“Wetland restoration” means the actions performed to re-establish a wetland in an area which
was historically wetland but which does not now provide or contain the necessary functional
characteristics.
“Wetland, scrub-shrub” means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
“Wetland specialist” means a person with experience and training in wetlands issues and with
experience in performing delineations, analyzing wetland functions and values, analyzing
wetland impacts, and recommending wetland mitigation and restoration. Qualifications
include: (a) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany,
environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two
years of related work experience, including a minimum of one year experience delineating
wetlands and preparing wetland reports and mitigation plans using the following manuals and
guidelines: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of
Engineers Wetlands Delineation Manual 1987 Edition and corresponding guidance letters,
March 1997 Washington State Wetlands Identification and Delineation Manual, Washington
State Wetlands Rating System for Western Washington, as now or hereafter amended.
Additional education may substitute for one year of related work experience; or (b) four years
of related work experience and training, with a minimum of two years’ experience delineating
wetlands using the manuals cited above and preparing wetland reports and mitigation plans.
The person should be familiar with the Pierce County Site Development Regulations, Pierce
County Wetland Management Policies, Ordinance Nos. 88-182 and 89-162, and the
requirements of this title.
“Wildlife biologist” means a person with experience and training within the last 10 years in
the principles of wildlife management and with practical knowledge in the habits, distribution,
and environmental management of wildlife. Qualifications include:
(a) Certification as professional wildlife biologist through the Wildlife Society;
(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife
biology, ecology, zoology, or a related field from an accredited institution and two years
of professional field experience; or
(c) Five or more years of experience as a practicing wildlife biologist with a minimum of
three years of practical field experience.
“Wildlife (wildlife species)” includes both plant and animal species for the purposes of this
code.
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Chapter 18.10 DEFINITIONS
118
“WSDOT” means Washington State Department of Transportation. (See also “WADOT” or
“DOT.”) [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.240 X definitions.
“Xeriscaping” means a water-conserving method of landscaping that utilizes native or other
plants that are drought-tolerant. [Ord. 8-06 § 1]
18.10.250 Y definitions.
Reserved. [Ord. 8-06 § 1]
18.10.260 Z definitions.
Reserved. [Ord. 8-06 § 1]”Zero Lot Line” means a common lot line on which a shared wall
of structure may be constructed.
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IMPLEMENTATION
119
Chapter 18.18
IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Sections:
18.18.005 General applicability.
18.18.010 Purpose.
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
18.18.030 Purpose of UGA land use and zoning districts.
18.18.040 Use tables.
18.18.050 Density, dimension and open space standards.
18.18.060 Development requirements and performance standards.
18.18.070 Landscaping.
18.18.080 Parking and pedestrian circulation.
18.18.090 Lighting.
18.18.100 Signs.
18.18.110 Design standards.
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
18.18.130 Development standards in this title.
18.18.005 General applicability.
The land use regulations in this chapter implement the Comprehensive Plan and ensure urban
development is accompanied by urban infrastructure and services, in compliance with the
State Growth Management Act. The availability of sewer facilities is a precondition to
developing inside the UGA at urban densities or standards. Jefferson County will apply urban
standards to parcels where sewer is available. When sewer service is available, refer to this
chapter. [Ord. 9-09 § 2 (Exh. B)]
18.18.010 Purpose.
The purpose of this chapter is to establish land use controls and regulations for the
unincorporated Irondale and Port Hadlock Uurban Ggrowth Aarea (“PHUGA”) consistent
with the adopted Jefferson County Comprehensive Plan.
Zoning designations are depicted on the map Irondale and Port Hadlock UGA Urban Zoning,
found in the UGA Element, Exhibit 1-22, Jefferson County Comprehensive Plan (2018)as
Figure 2-1 in the Urban Growth Area Element of the Comprehensive Plan.
This chapter’s development regulations shall be used for urban development that has urban
services available. Urban development will not be allowed before the availability of urban
services, namely, sewer availability. Development in those areas in the UGA that do not yet
have sewer available shall be consistent with Chapterchapter 18.19 JCC. See JCC 18.18.060,
Development requirements and performance standards, for specific information about sewer
availability and when urban development standards will apply. If there is conflict between
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IMPLEMENTATION
120
development regulations in this chapter and elsewhere in this title, then this chapter prevails.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Urban Residential Urban low density
residential (ULDR)
Urban moderate
density residential
(UMDR)
Urban high density
residential (UHDR)
Urban Commercial Urban commercial
(UC)
Visitor-oriented
commercial (VOC)
Urban Industrial Urban light
industrial (ULI)
Public Public (P)
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.030 Purpose of UGA land use and zoning districts.
The purposes of the land use and zoning districts are as follows:
(1) Urban Commercial (UC). The purpose of the urban commercial designation is to provide
for a wide range of commercial activities and uses compatible with the expressed needs of the
community that will provide goods and services for the UGA, nearby residents and serve the
traveling public;
(2) Visitor-Oriented Commercial (VOC). The purpose of this designation is to recognize the
unique area of the Old Alcohol Plant and allow commercial uses and for visitor-oriented
lodging, goods and services that supplement the historical and tourism-related character of
this area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to provide
for areas of single-family urban residential development that are separate from commercial
and industrial uses and activities;
(4) Urban Moderate Density Residential (UMDR). The purpose of the UMDR district is to
provide for areas of mixed single-family and moderate density multifamily urban residential
development;
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121
(5) Urban High Density Residential (UHDR). The purpose of the UHDR district is to provide
for areas of high density multifamily residential development;
(6) Urban Light Industrial (ULI). The purpose of the ULI designation is to allow for low
intensity and low nuisance potential industrial uses;
(7) Public (P). The purpose of the P designation is to provide for the siting of important public
facilities and services compatible. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.040 Use tables.
This section establishes whether a specific use is allowed, prohibited, conditional or otherwise
designated.
Table 3A-1. Allowable and Prohibited Uses
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified
by the following:
• The location may have a multiple designation. This would be true of the Shoreline
Master Program, a subarea plan, or an overlay district applied to the location. The
Shoreline Master Program (SMP) should be consulted if the location of interest is subject
to the SMP jurisdiction. See also Notes 1 to 3 to this table.
• All regulations in this code apply to the uses in these tables. To determine whether a
particular use or activity can occur in a particular land use district and location, all relevant
regulations must also be consulted in addition to this table.
• A development proposal within 200 feet of the ordinary high water mark of a regulated
shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the
applicable provisions of the SMP in this title.
• Overlay districts provide policies and regulations in addition to those of the underlying
land use districts for certain land areas and for uses that warrant specific recognition and
management. For any land use or development proposed to be located entirely or partly
within an overlay district, or within the jurisdiction of a subarea plan, the applicable
provisions of the overlay district or subarea plan as provided in Articles VI and VII of
Chapterchapter 18.15 JCC shall prevail over any conflicting provisions of the UDC.
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IMPLEMENTATION
122
Categories of Uses
Yes = Uses allowed subject to the
provisions of this code,
including meeting applicable
performance standards
(Chapterchapter 18.20 JCC)
and development standards
(Chapterchapter 18.30 JCC);
if a building or other
development permit is
required, this use is also
subject to project permit
approval; see Chapterchapter
18.40 JCC.
D = Discretionary uses are certain
named and all unnamed uses
which may be allowed
subject to administrative
approval and consistency
with the UDC, unless the
administrator prohibits the
use or requires a conditional
use permit based on project
impacts; see JCC 18.15.045
and Chapterchapter 18.40
JCC.
C = Conditional uses, subject to
criteria, public notice, written
public comment and public
hearing procedure; see JCC
18.40.080.
C(a) = Conditional uses, subject to
criteria, public notice, written
public comment, and an
administrative approval
procedure, but not a public
hearing; see JCC 18.40.080.
C(d) = Conditional uses, subject to
criteria, public notice, written
public comment and, at the
discretion of the
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Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
123
administrator, a public
hearing procedure, if
warranted, based on the
project’s potential impacts,
size or complexity, according
to criteria in JCC 18.40.550;
see JCC 18.40.080.
No = Prohibited use.
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Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
124
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Uses
Single-Family Housing
Single-family residences Existing
only
Existing
only
Yes Yes No No No
Duplexes (subject to meeting
underlying density requirements)
Existing
only
Existing
only
Yes Yes No No No
Manufactured/mobile home parks Existing
only
No Yes Existing
only
Yes No No
Multifamily Housing
Multifamily residential units (3+
units)
Existing
onlyD
Existing
only
No Yes Yes No No
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted
living facilities
Yes No Yes Yes Yes No No
Emergency housing/emergency
shelters
Yes No No No No No No
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Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
125
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Permanent supportive
housing/transitional housing
Yes No No No No No No
Accessory Uses
Accessory dwelling units Existing
only
Existing
only
Yes Yes Yes No No
Home businesses1 Yes Yes Yes Yes Yes No No
Cottage industries1 Yes Yes No No No No No
Commercial Uses
Animal shelters and kennels,
commercial
C(a) C(a) No No No No No
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No No No No No
Automobile repair and/or
restoration
Yes Yes No No No Yes No
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
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Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
126
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
Bed and breakfast residence Yes Yes Yes Yes Yes No No
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales Yes Yes No No No Yes No
Bowling alley Yes Yes No No No No No
Building supply and hardware
store
Yes No No No No No No
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental, and
vision) and veterinary clinics and
hospitals
Yes Yes No No No No No
Commercial indoor shooting
facility
D D No No No D No
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UGA DEVELOPMENT REGULATION
IMPLEMENTATION
127
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Commercial outdoor shooting
facility5
No No No No No No No
Convenience store Yes Yes No No No No No
Contractor yards (commercial
excavating)
Yes No No No No Yes No
Drinking establishment Yes Yes No No No No Yes
Eating establishment Yes Yes No No No Yes2 Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl.
motel/hotel)3
Yes Yes No No No No No
Lumber yard Yes No No No No No No
Marijuana recreational retailer Yes No No No No Yes No
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128
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Mini-storage facilities No No No No No Yes No
Personal and professional services Yes Yes No No No No No
Retail sales and services (not
including recreational marijuana)6
Yes Yes No No No No No
Sexually oriented businesses4 C C No No No C No
Unnamed commercial uses D D No No No No No
Industrial Uses
Asphalt batch plants No No No No No No No
Boat storage No No No No No Yes No
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental
services
Yes No No No No Yes No
Heavy industry No No No No No No No
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UGA DEVELOPMENT REGULATION
IMPLEMENTATION
129
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Light industry (not including
recreational marijuana)
No No No No No Yes No
Outdoor storage yards Yes No No No No Yes No
Resource processing, accessory to
extraction operations
No No No No No Yes No
Marijuana recreational processor No No No No No Yes No
Mining and mineral extraction
activities
No No No No No Yes No
Recycling center C No No No No Yes Yes
Warehouse/moving storage No No No No No Yes No
Warehouse/wholesale distribution
center
C(a) No No No No Yes No
(Automobile) wrecking and
salvage yards
No No No No No Yes No
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See JCC 18.15.110
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UGA DEVELOPMENT REGULATION
IMPLEMENTATION
130
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Public Purpose Facilities
• College or technical school Yes C No No No Yes Yes
• Emergency services (fire,
police, EMS)
Yes Yes C C C Yes Yes
• Government offices Yes Yes No No No No Yes
• Library/museum/post office Yes Yes No No No No Yes
• Parks No Yes Yes Yes Yes No Yes
• Public works
maintenance/equipment storage
shops
Yes No No No No Yes Yes
• Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
• School, primary and secondary Yes Yes C C C No Yes
• Visitor/community center Yes Yes C(d) C(d) C(d) No Yes
• Water and wastewater
treatment facilities
Yes Yes C(d) C(d) C(d) Yes Yes
Cemeteries No No C(d) C(d) C(d) No Yes
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131
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Church C(d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) C(d) Yes No No
Unnamed institutional facilities D D D D D D D
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D
Utility Uses
Commercial communication
facilities
See JCC 18.20.130
Utility developments, major C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing
only
No No Yes No
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban
Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban
High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal
processing and storage
No No No No No Yes No
Lumber mill, stationary No No No No No No No
Marijuana recreational producer No No No No No Yes No
Nurseries Yes No No No No No No
Unnamed agricultural and forestry
uses
D D D D D D D
1 Home businesses and cottage industries are allowed in existing residential structures within commercial and visitor-oriented commercial
zones.
2 Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density requirement.
4 See JCC 18.20.345 for performance standards.
5 Outdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses.
6 Lawful incidental sales of firearms, ammunition, component parts and accessories for indoor shooting facilities shall be allowed. However,
in industrial zones, JCC 18.20.220(1)(c)(i), (ii) and (iii) shall apply, but (iv) shall not
[Ord. 3-20 § 1 (Appx. A); Ord. 4-15 § 3 (Att. B); Ord. 3-12 § 1 (Exh. H); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
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18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban
development within the UGA.
NOTES TO TABLE 3A-2:
1. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline
Master Program (SMP) or when impairing safe sight lines, as determined by the county
engineer.
2. Setbacks do not apply to mailboxes; wells; pump houses; bus shelters; septic systems and
drainfields (except in the SMP); landscaping (including berms); utility apparatus such as
poles, wires, pedestals, manholes, and vaults. No other structures or communication devices
(such as antennas, satellite dishes) shall be located in the front setback area unless approved
by the administrator. The administrator may reduce the minimum front road setbacks provided
the proposed structures or required plantings do not interfere with sight distances and theif
reduced sight lines for vehicular traffic do not create a public safety concern.the strict
application of such setback would render a legal lot of record unbuildable under the provisions
of this code.
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles,
utility lines and poles, skylights, communication sending and receiving devices, HVAC and
similar equipment, and spires associated with places of worship are exempt from height
requirements.
4. Structures used for the storage of materials for agricultural activities are exempt from the
maximum building height requirements.
5. Approved subarea plans may establish different bulk and dimensional requirements for
those areas.
6. “N/A” = Not applicable.
7. Road Classifications. To clarify the setbacks for urban development activities within the
UGA consistent with the requirements of this section, the following road designations shall
apply:
• Principal arterials. None classified in the UGA.
• Minor arterials. SR 19 (Rhody Drive).
• Major collectors. SR 116 (Ness’ Corner Road, Oak Bay Road to Flagler Road and Flagler
Road), Chimacum Road, Irondale Road.
• Minor collectors.
• Local access roads.
• Alleys.
• Private roads.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply to outbuildings
for residential or agricultural uses such as detached garages, storage sheds or tool sheds,
except for existing lots of record less than five acres wherein the minimum rear and side yard
setbacks for outbuildings shall be five feet.
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Table 3A-2
Density and Dimensional
Standards
Irondale and Port Hadlock Urban Growth Area (UGA)
Commercial Residential Industrial Public
Urban
Commercial/Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban Light
Industrial Public
Development Standard UC/VOC ULDR UMDR UHDR ULI P
Allowed Residential Density N/A 4 – 6
units/acre
7 – 12
units/acre
13 – 18
units/acre
N/A N/A
Note: Standard densities apply to development with connection required to sanitary sewer system. On-site sewer code allows minimum
12,500 sq. ft. lot for on-site septic systems with waivers possible to approximately minimum 7,500 sq. ft. However, the code does not
allow waivers less than 12,500 sq. ft. for lots within critical aquifer recharge areas (CARAs). Therefore standard density in the ULDR
zone (inside CARAs and outside of phased sewer service areas where sewer service is available) is approximately 3.5 DUs/acre.
Standard density of 4 DUs/acre in the ULDR zone (outside CARAs and outside of phased sewer service areas where sewer is available)
may be achieved only by compliance with the waiver provisions of the on-site septic code. Maximum density of 6 DUs/acre in the
ULDR is only achievable by connection to sanitary sewer.
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public health and environmental protection
standards contained in the Jefferson County regulations. Ability to subdivide is regulated by the
permitted development density.
Minimum Front or Street Setbacks Note: The administrator may alter the local access road setback requirements for subdivisions;
provided, that pedestrian facilities are constructed and that reduced sight lines for vehicular traffic
do not create a public safety concern.
Local Access Roads 20 20 20 20 20 20
• Alleys 0 0 0 0 0 0
• Private roads 10 10 10 10 10 10
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Table 3A-2
Density and Dimensional
Standards
Irondale and Port Hadlock Urban Growth Area (UGA)
Commercial Residential Industrial Public
Urban
Commercial/Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban Light
Industrial Public
Development Standard UC/VOC ULDR UMDR UHDR ULI P
Minor Collector 20 20 20 20 20 20
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 35 35 35
Minimum Rear and Side Yard
Setbacks (See Key Notes)1
5 5 5 5 10 20
Maximum Building Dimensions Note: Maximum building height recommended for increase from 35 feet to 70 feet in all
commercial/industrial zones and in urban residential high density zones to allow for and
accommodate increased densities.
Building Height (feet) 70 35 35 70 70 70
Lot Coverage, Buildings Only (%) No maximum2 60 70 70 No
maximum2
Total Building Size (sq. ft.) None specified
1 Special rear and side setbacks:
• Wherever a light industrial use is proposed to abut a commercial or residential use or zone, the setback shall be 25 feet, unless otherwise
specified in this code.
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• Wherever a commercial use is proposed to abut a residential use or zone, the setback shall be 10 feet, unless otherwise specified in this
code.
2 Adequate space must be provided for required parking, setbacks, landscaping, utilities, septic system (if no sewer available) and
stormwater management facilities, as applicable.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
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18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all property
proposed for development within the Irondale and Port Hadlock urban growth area (PHUGA).
No development approval shall be given, and no building permit shall be issued, unless the
proposed development is in compliance with the provisions of this section and Chapterchapter
18.30 JCC, Development Standards.
Development within the Irondale and Port Hadlock UGA shall be governed by the following
level of service standards:
(1) Street Standards. As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall construct streets roads which the county determines
are consistent with the adopted urban street standards in JCC 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall obtain a certificate of water availability for the
proposed use from Jefferson PUD No. 1 and connect to the PUD No. 1 water system. Fire
flow requirements shall be as specified by the Jefferson County fire marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner shall
construct surface and stormwater management improvements as determined by the county to
be consistent with the surface water management standards adopted in the Jefferson County
stormwater management plan (adopted November 27, 2006, Resolution No. 74-06).
(4) Sanitary Sewer Service.
(a) Sewer Service Area. The sewer service area is the same as the 20-year planning
boundary of the Irondale and Port Hadlock urban growth areaUGA. No development
approval shall be given, and no building permit issued, unless the proposed development
complies with the provisions of this chapter. For development under this chapter, as a
condition of any new development approval or major modification to an existing
commercial, industrial, or multifamily residential use located within a sanitary sewer
service area, as identified in the adopted general sewer plan for the Irondale and Port
Hadlock urban growth area, as amended, the property owner must obtain confirmation of
sewer availability from the PHUGA sewer system operator prioragency provider prior to
development approval and must be available. connect to the existing sewer line. Sewers
will shall be considered to be available for the purposes of turning off the transitional rural
zoning in Chapterchapter 18.19 JCC for the Irondale and Port Hadlock urban growth area
as described in title 13 JCC. to the phased implementation area when sewer infrastructure
enters a sewer phase area, according to the phased areas outlined in the Port Hadlock
Sewer Facility Plan, September 2008.
(b) Areas with Sewer Not Yet Available – Interim On-Site Septic Systems. If the proposed
use or major modification is located within the Irondale and Port Hadlock urban growth
area but outside of areas a phased sewer service area where sewer is s are available, then
transitional rural development standards in Chapterchapter 18.19 JCC apply.
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(5) Other Facilities and Services. Reserved.
(6) Credit for Prior Contributions and Infrastructure Improvements. All of the agreements not
to protest formation of local improvement districts or other pro rata cost sharing arrangements
described in this section shall include credit for any contributions or facility construction
already made or completed by the individual property owners (or their predecessor) for the
particular urban public facility or service contemplated by the capital facilities plan. [Ord. 14-
18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed use, and multifamily developments in
the UGA shall comply with the following standards and shall be exempt from the rural
provisions of JCC 18.30.130, Landscaping/screening:
(1) Landscaping Definitions.
(a) “Visual screen” means evergreen and deciduous trees (no more than 50 percent
deciduous) planted 20 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(b) “Visual buffer” means evergreen and deciduous trees (no more than 75 percent
deciduous) planted 30 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(2) Plant Standards.
(a) Deciduous trees must be one and one-half inches diameter at chest height (four and
one-half feet from ground level) and must have a survivability rate of 100 percent after
one year and 80 percent after two years of planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of 100
percent after one year and 80 percent after two years of planting.
(c) Ground cover is low evergreen or deciduous plantings at three-foot spacing in all
directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a
survivability rate of 100 percent after one year and 80 percent after two years of planting.
(e) The retention of existing natural vegetation in place of new plants is encouraged and
allowed. The use of existing native and/or drought-tolerant landscape materials shall be
utilized whenever possible, and may be used in lieu or in combination with existing
plantings to demonstrate substantial consistency with the requirements of this section.
(3) Screening Standards.
(a) New or expanding commercial or industrial land uses within commercial or industrial
zones shall provide a five-foot visual buffer along all street frontages between the street
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and on-site parking areas and a 10-foot visual screen along any property line abutting a
residential zoning district to minimize aesthetic impacts to residential properties.
(b) New multifamily dwellings over four dwelling units in residential zones shall provide
a five-foot visual buffer along all street frontages.
(4) Alternative Designs. Alternative designs may be allowed if, upon review by the
administrator, they are determined to provide landscaping substantially equivalent to the
standards in this section. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.080 Parking and pedestrian circulation.
Unless as approved by the administrator, pParking for all new development shall comply with
JCC 18.30.100, Parking, and JCC 18.30.110, Off-street loading space requirements.
Pedestrian facilities shall be provided in accordance with JCC 18.30.090, Pedestrian
circulation. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.090 Lighting.
Lighting shall comply with the standards set forth in JCC 18.30.140, Lighting; shall not permit
direct illumination of the sky (skyglow); and shall not provide more illumination into an
adjoining property than is received from the adjoining property measured at a vertical plane
at the property boundary (light trespass). [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.100 Signs.
Signs shall comply with the standards set forth in JCC 18.30.150, Sign Code. No sign shall
hereafter be erected or used for any purpose or in any manner in the urban growth area except
as permitted by the regulations of this section. All signs subject to this section shall be subject
to approval and issuance of a sign permit by the administrator according to a Type I permit
approval process as specified in Chapterchapter 18.40 JCC. The administrator may waive
certain requirements of this section or require additional conditions for any sign permit, if
deemed necessary to maintain consistency with the Comprehensive Plan.
(1) Prohibited Signs. The following signs are prohibited:
(a) Abandoned signs;
(b) Billboards;
(c) Flashing, revolving or moving signs, excepting clocks and electronic reader boards
allowed within urban commercial zones;
(d) Off-site signs which advertise a business;
(e) Signs or sign structures, which by coloring, shape, working, or location resemble or
conflict with traffic-control signs or devices;
(f) Signs which create a safety hazard for pedestrians or vehicular traffic; and
(g) Signs attached to utility poles or traffic signs.
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(2) Exemptions. The following signs are exempt from the provisions of this section:
(a) Traffic and standardized public signs installed by a government entity;
(b) Window and merchandise displays, point of purchase advertising displays such as
product dispensers and barber poles;
(c) National flags, flags of a political subdivision, and symbolic flags of an institution or
business;
(d) Legal notices required by law;
(e) Historic site plaques and markers and gravestones;
(f) Personal signs displaying personal messages such as “yard sale” or “no trespassing”
not to exceed eight square feet;
(g) Political signs safely displayed on private property;
(h) Structures intended for separate use, such as recycling containers and phone booths;
(i) Real estate signs; and
(j) Lettering painted on or magnetically flush-mounted onto a motor vehicle operating in
the normal course of business.
(3) Design Standards. Signs regulated by this section include signs that are attached to the
building (e.g., facade, projection or wall signs) and signs that are set apart from the building
(e.g., freestanding or monument signs). All signs must meet the following standards:
(a) The following standards apply to the illumination and illustration of signs:
(i) The illumination of signs shall be shaded, shielded, or directed so the light intensity
or brightness shall not adversely affect surrounding properties or public and private
rights-of-way or create a hazard or nuisance to the traveling public, or to surrounding
properties. Illumination of signs shall comply with JCC 18.18.090;
(ii) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist
of banners, streamers, or spinners; or involve flashing, blinking, or alternating lights.
Two exceptions to this standard are (A) temporary signs associated with local
festivals, fairs, parades, or special events pursuant to JCC 18.30.150(8)(b); and (B)
electronic reader board signs or message boards which are only allowed within urban
commercial districts and residential districts for public purpose facilities, subject to
the requirements of this code and JCC 18.30.150(6).
(b) Sign size shall be regulated as follows:
(i) There is no maximum sign size for businesses in the commercial and industrial
districts in the Irondale and Port Hadlock UGA except as specified in this section.
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Multitenant developments in urban commercial and industrial districts may have one
freestanding sign, 64 square feet in size plus 15 square feet for each occupant, for each
access point, commonly identifying the businesses within multitenant developments
provided such signs total no more than 100 square feet in aggregate. The maximum
size for signs placed on a multitenant building identifying individual occupants shall
be no larger than 15 square feet per occupant;
(ii) The square footage of signs shall be calculated by the outside dimensions
necessary to frame the information displayed. No sign mounted on a building shall
extend above or beyond the eaves, rake, or parapet of the wall on which it is mounted.
Any sign projecting beyond six inches from a perpendicular wall shall be at least six
feet eight inches above grade;
(iii) Directional, identification or advertising signs for any use located in any urban
residential district shall not exceed 32 square feet, with the exception of institutional
use signs, which shall not exceed 64 square feet;
(iv) Freestanding signs with reader boards for a single business shall be no larger than
128 square feet.
(c) Uses located in any urban commercial or industrial land use districts shall have no
more than two on-premises signs, except as allowed in this section for multitenant
developments.
(d) Signs attached to or painted against the structure to which they relate shall not be
computed as a part of the overall total square footage, or number of signs allowed.
(e) All signs shall be continuously maintained. Signs that present a public hazard as
determined by the Jefferson County building official or department of public works shall
be subject to abatement.
(f) The design of freestanding signs shall include measures to restrict vehicles from
passing beneath them, unless otherwise permitted by the Jefferson County department of
public works. All freestanding pole signs or projecting signs shall provide pedestrian
clearance to a minimum of eight feet, where applicable.
(g) Signs should be incorporated into the landscaping of the site when landscaping is
provided.
(h) No signs, other than those related to water-dependent uses, such as a marina, are
permitted to face seaward, excepting signs relating to safety concerns, such as cable-
crossing, construction-dredging, fuel area, etc.
(i) No sign shall be placed in the public right-of-way or in the vision clearance triangle of
intersections and curb cuts, unless otherwise approved by the Jefferson County
department of public works.
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(4) Specialty Signs. Specialty signs may be established when consistent with the standards set
forth below:
(a) Signs and banners promoting public festivals, community or special events, and grand
openings may be displayed up to 30 days prior to the event, and shall be removed no later
than seven days after the event. The sponsoring entity is responsible for sign removal.
Event signs may be located off site.
(b) Signs which identify a recognized community or unincorporated place are permitted
at each entrance to the community. Said signs are limited to one per entrance, and may
not exceed 64 square feet or eight feet in height. Signs relating to clubs, societies, orders,
fraternities and the like shall be permitted as part of the community sign.
(c) Businesses may erect temporary on-site sandwich board signs subject to the following
criteria:
(i) No more than two sandwich board signs may be erected per business;
(ii) Sandwich board signs shall not exceed four feet in height or three feet in width;
(iii) Sandwich board signs shall be displayed during business hours only;
(iv) Sandwich board signs shall not be placed on sidewalks; and
(v) Sandwich board signs shall not be placed in public road rights-of-way unless
approved by the Jefferson County department of public works.
(d) Off-site signs may only be allowed when they meet all of the following standards:
(i) Are directional in nature;
(ii) Located on private property along a major or minor arterial;
(iii) Located no more than 600 feet from an intersection;
(iv) No larger than 12 square feet.
(5) Nonconforming Signs. Legally established signs in place prior to the adoption of the
ordinance codified in this chapter and not in conformance with these standards shall be
considered legal, nonconforming signs, and may remain as provided below:
(a) Nonconforming off-premises signs shall be removed within five years of adoption of
the ordinance codified in this chapter. Until then, such signs must be continually
maintained, not relocated, and not structurally altered. Nonconforming off-premises signs
may be replaced by off-site directional signs as allowed in this section;
(b) Nonconforming on-premises signs may remain provided they are continually
maintained, not relocated, and not structurally altered;
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(c) Billboards which are in place prior to the adoption of the ordinance codified in this
chapter may remain provided they are continually maintained, not relocated, and not
structurally altered. [Ord. 14-18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh.
G)]
18.18.110 Design standards.
Reserved. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or public water
to a site, any approval for a commercial, industrial, mixed use, multifamily, high density
residential, or single-family residential subdivision in the ULDR zone is required to include a
site plan which:
(1) Complies with the applicable health regulations and other Jefferson County development
and building regulations (e.g., critical areas, stormwater management, etc.);
(2) Provides for sanitary sewer connection and other utilities.
The site plan prepared under this section and reviewed and approved by the administrator
shall address the following: buffers, landscaping, traffic access and parking standards, current
septic and future sanitary sewer provisions, height and scale in relation to surrounding uses
and future uses, vegetation removal, stormwater, potable water, and lot coverage.
Development of the site shall be consistent with the approved site plan. Minor modification
to the site plan may be allowed by the administrator; provided, that all other regulations and
conditions placed on the approval are met. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.130 Development standards in this title.
In addition to this chapter, development and standards in the UGA shall also comply, where
applicable, with the following chapters in the Unified Development Code:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts
18.19 Transitional Rural Development
Standards of the Irondale/Port
Hadlock Urban Growth Area
18.20 Performance and Use-Specific
Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
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18.40 Permit Application and Review
Procedures/SEPA Implementation
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (Appx. B); Ord. 14-18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B)]
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APPENDIX A, Exhibit 5
The following sections in title 13 JCC shall be amended for consistency with the changes
proposed for title 18 JCC in Appendix A.
JCC 13.02.010 is amended as shown below.
13.02.010 “A” definitions.
“Accessory dwelling unit” or “ADU” has the same meaning as in JCC 18.10.010.
“Aggrieved person” means a person who received an adverse decision by the director on
decisions listed in JCC 13.07.060.
“Applicant” means a person who applies for a permit to connect to the PHUGA sewer system.
“Assessment” means a fee to be paid by the property owner for the cost of private construction
of PHUGA sewer system improvements for property within an assessment reimbursement
area.
“Assessment Reimbursement Area” means that area within the Port Hadlock UGA, which
includes all parcels or real property likely to require connection to or service by PHUGA
sewer system improvements constructed by a developer and the county.
“Available” and “availability” means that the PHUGA sewer system is available to a property
as described in chapter 13.04.010 JCC.
JCC 13.04.010 is amended as shown below.
13.04.010 Connection-when required or permitted.
(1) This section concerns areas within the Port Hadlock UGA where the PHUGA sewer
system is “available” as described in chapter JCC 13.04.010 JCC, where individual properties
within those areas are required or permitted to connect to the PHUGA sewer system.
(2) The following Table 4-1 is intended to add clarification to when properties within the
PHUGA are required to connect to the sewer system.
Use “Adequate”(1)
On-Site Sewage
System?
Sewer System
“Available”(2)
?
Connection
Required?
Sewer Not “Available”(2)
Existing structure N/A No No
Major modification of existing
structure No No No
New structure N/A No No
“Available”(2)
Existing single-family residence or
duplex No Yes Yes
Major modification of a single-family
residence or duplex No Yes Yes
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Use “Adequate”(1)
On-Site Sewage
System?
Sewer System
“Available”(2)
?
Connection
Required?
Modification of a single-family
residence or duplex Yes Yes No
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit (ADU) N/A Yes Yes(4)
Garage or addition to structure without
plumbing Yes Yes No
Existing multifamily dwelling N/A Yes Yes
Major modification to a multifamily
dwelling No Yes Yes
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average
water use
Yes Yes No(3)
Existing non-residential structure with
less than 1 ERU per month average
water use
No Yes Yes
Existing non-residential structure with
equal to or greater than 1 ERU per
month average water use
N/A Yes Yes
New non-residential structure N/A Yes Yes
Major modification to a non-residential
structure No Yes Yes
“Adequate” means that the on-site sewage system (“OSS”) has a current inspection, is not
failing or in need of significant repairs or replacement, and existing flows or proposed flows
resulting from a building remodel or change of use will not trigger the need for modification to
the OSS as determined by the Director of the Jefferson County Department of Environmental
Health. If the Director of the Jefferson County Department of Environmental Health determines
that a major modification, remodel, or change of use would require modification to or
expansion of an OSS, then a sewer connection is required if the PHUGA sewer system is
“available.”
If there is any question whether the on-site sewage system is “adequate,” consult with Jefferson
County Environmental Health Department. See JCC 18.19.120 and chapter 8.15 JCC.
“Available” is as described in this section. When sewers are “available,” urban growth area
standards in Chapterchapter 18.18 JCC apply.
Subject to No Protest Agreement or other binding agreement requiring connection to sewer
when “available” per JCC 18.19.120(3).
When connecting a new detached ADU to the sewer system, all other structures with plumbing
on the same property are required to connect to sewer at the same time.
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Appendix A, Exhibit 6
Jefferson County Code
Title 15 BUILDING
147
Appendix A / Exhibit 6
The following changes to title 15 JCC are made to be consistent with the amendment made to
tile 18 JCC (Appendix A):
New Section 15.05.047 Automatic fire-extinguishing systems.
(1) An automatic fire-extinguishing system shall be installed in all structures as set forth in
this section, and as described in Chapterchapter 9 of the currently adopted editions of both
the International Fire Code and the International Building Code as amended and adopted
by the state of Washington. For the purposes of this section, fire barriers and fire walls of
any type do not constitute separate buildings.
(a) In all newly constructed residential buildings (R occupancies), located within any
Urban Growth Area (UGA) in unincorporated Jefferson County, with a gross floor area
of five thousand (5,000) or greater square feet, regardless of type or use, as well as
zero lot line townhouses with an aggregate area of all connected townhouses five
thousand (5,000) square feet or greater;
(b) In all newly constructed buildings, located within any UGA in unincorporated
Jefferson County, other than R occupancies with a gross floor area of ten thousand
(10,000) or greater square feet; unless prior authorized by the fire code official.
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
148
EXHIBIT TO PROPOSED AMENDMENT 2
Proposal to expand the Port Townsend Urban Growth Area (UGA) boundary to include
publicly-owned parcels for public purpose use, including the Caswell-Brown Village for
housing services.
Jefferson County Comprehensive Plan Page 1-26:
Urban Growth Area Designations
The Port Hadlock/Irondale Urban Growth Area is planned for urban residential, urban
commercial, urban industrial, Both Rural and Urban Zones apply per the Land Use and
Zoning map. Rural zones apply until urban wastewater services are available, and then
Urban zones apply. See Section Error! Reference source not found. for additional
discussion.
The unincorporated Port Townsend Urban Growth Area is planned for public purpose
facilities, such as emergency shelters, transitional housing, emergency housing,
and permanent supportive housing. Urban Growth Area – Public Facilities district applies to
the unincorporated Port Townsend Urban Growth Area per the Land Use and Zoning map.
Page 1-26:
EXHIBIT 1-15A Unincorporated Port Townsend Urban Growth Area Land Use & Zoning
Designations
Land Use Designation Description of Zoning
Districts & Location
Principal
Land Use
Public Facilities Public Facilities (UGA-P) comprise 32.72 acres,
including open space areas, the Caswell-Brown
Village, the Port Townsend Regional Stormwater
Facility, and a future electrical substation as
proposed by the Public Utility District No. 1 of
Jefferson County.
Public and
Institutional
Page 1-34
Urban Growth Areas & Services
Policies on Urban Growth Areas describe using the OFM to develop a joint County-City of
Port Townsend population forecast that would be used in capital facility and service plans.
Additionally, the policies describe sizing the urban growth area based at least on the low
forecast or if capital facilities are sufficient based on a medium or high projection.
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
149
Sizing of Urban Growth Areas is to be based primarily on adequate supply of developable
land to accommodate the joint population forecast, and including land for residential,
commercial, and industrial uses. The Urban Growth Area boundaries may be revised to
accommodate special purpose housing, provided an assessment of available land indicates
that revision is necessary to accommodate housing to all economic segments of the
population, reduce displacement risk, and undo identified racially disparate impacts.
Page 1-112
Urban Growth Areas
Municipal & Unincorporated
The GMA authorizes the designation of Urban Growth Areas in RCW 36.70A.110 to
include cities and other areas characterized by urban growth or adjacent to such areas. Urban
Growth Areas are intended to accommodate a projected population growth for the next
twenty years. The GMA specifies that future growth should, first, be located in areas that
already have public facilities and service capacity and, second, in areas where such services,
if not already available, are planned.
In Jefferson County, there are two Urban Growth Areas:
▶ City of Port Townsend Municipal Urban Growth Area (Municipal and Unincorporated);
and
▶ Port Hadlock/Irondale Unincorporated Urban Growth Area.
The City of Port Townsend is subject to its own Comprehensive Plan and development
regulations affecting urban growth and the provision of public facilities and services within
the City of Port Townsend. The unincorporated portion of the Port Townsend UGA is
subject to the Jefferson County Comprehensive Plan and implementing regulations. Joint
planning between the County and City is encouraged, particularly for those areas that may
be annexed into the City of Port Townsend at some point in the future.
The Irondale-Port Hadlock Urban Growth Area is an unincorporated Urban Growth Area,
located approximately 5 miles south of the City of Port Townsend, adjacent to Port
Townsend Bay. This unincorporated Urban Growth Area is subject to the Jefferson County
Comprehensive Plan and implementing regulations.
An Urban Growth Area defines where urban developments will be directed and supported
with typical urban public facilities and services, such as storm and sanitary sewer systems,
domestic water systems, fire and police protection services, and public transit services.
Urban growth areas enable new development to locate close to vital capital facilities and
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
150
urban services or "infill" in existing urbanizing areas. Urban Growth Areas enable fiscal
resources associated with capital facilities and urban services to be operated more cost-
effectively.
The Port Hadlock/Irondale Urban Growth Area is an unincorporated Urban Growth Area,
located approximately 5 miles south of the City of Port Townsend, adjacent to Port
Townsend Bay. This unincorporated Urban Growth Area is subject to the Jefferson County
Comprehensive Plan and implementing regulations.
An Urban Growth Area defines where urban developments will be directed and supported
with typical urban public facilities and services, such as storm and sanitary sewer systems,
domestic water systems, fire and police protection services, and public transit services.
Urban growth areas enable new development to locate close to vital capital facilities and
urban services or "infill" in existing urbanizing areas. Urban Growth Areas enable fiscal
resources associated with capital facilities and urban services to be operated more cost-
effectively.
The Urban Growth Area is an area where urban public facilities and services are available or
are planned. Provision of urban public facilities and services may be available through
several service providers, such as Jefferson County, the JPUD, or some other entity such as
a sewer and water district.
Port Townsend Unincorporated Urban Growth Area
Background
The construction of an emergency shelter and permanent support housing is a verified
community need. It remains one of the biggest issues facing our community. The COVID-
19 pandemic exacerbated the housing emergency issues, and the County Commissioners
began crisis planning by identifying locations within the county and near services to house
those individuals who were experiencing homelessness. With American Rescue Plan
funding, the County purchased the Mill Road site and several other contiguous parcels to the
south as a unit. Olympic Peninsula Community Action Programs (OlyCAP) leases a site
from the County, offering the local unhoused population a temporary place to stay while
working to find permanent housing. OlyCAP named the new location the Caswell-Brown
Village, in remembrance of two people who died while experiencing lack of shelter or
supportive services. The Caswell-Brown Village (CBV) on Mill Road refers to the
combined 50-bed emergency shelter with permanent supportive housing and a 40-lot park
consisting primarily of recreational vehicles and tiny shelters to provide housing for persons
experiencing housing insecurity. It will be a continuum of care housing facility operated by
OlyCAP on a long-term lease with the County.
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
151
Jefferson County has collaborated with the City of Port Townsend on a modification to the
Port Townsend UGA, something that has not happened since the original establishment of
the UGA boundary (coincident with the city’s municipal boundary) in the years following
the adoption of GMA. The area proposed to be included within the Port Townsend UGA is
characterized by urban growth. Either the subject parcels themselves already contain urban-
style development or they are located in close proximity to urban development, and by
either measure, the subject area is appropriate for urban growth. The growth pattern on or
near these lands makes the parcels incompatible with the primary use of land for the
production of food, other agricultural products, or fiber, or the extraction of mineral
resources, rural uses, rural development, and natural resource lands designated pursuant to
RCW 36.70A.170. The parcels are located in close proximity to urban services, including
but not limited to the city’s regional stormwater system, sanitary sewer system, domestic
water system, street cleaning services, fire and police protection services, public transit
services, healthcare and medical services, and other public utilities associated with urban
areas and normally not associated with rural areas.
In 2024, Jefferson County and the City of Port Townsend completed a joint housing
allocation using Method C of the model provided by the State Department of Commerce,
called the Housing for all Planning Tool (HAPT). There are no other suitable alternative
sites within the existing Port Townsend city limits to accommodate a similar facility.
Incorporating CBV into the Port Townsend UGA boundary addresses recent legislation that
amended GMA to require local governments, when completing the periodic update of
comprehensive plans, to accommodate housing affordable to all economic segments of the
population, reduce displacement risk, and undo identified racially disparate impacts.
The City of Port Townsend is progressing to complete the City’s General Sewer Plan (GSP)
update in 2025. The plan update provides planning level analysis of the City’s Wastewater
Treatment Plant, Biosolids Facility, and sewer collection system. The updated GSP includes
a projected capital investments analysis and operational projection necessary for the next 20
years. An updated rate study was developed to pay for the infrastructure investment
identified in the capital analysis to ensure adequate funds to operate the sewer system. The
GSP is under review by the Washington State Department of Ecology. Following Ecology’s
review and approval, the final adoption will be incorporated into the City’s 2025 periodic
update.
Jefferson County Public Utility District (PUD) No. 1 is working to address power capacity
and reliability issue in the Port Townsend area. PUD believes the solution to these issues is
to build another electrical sub-station that are adjacent to existing PUD power lines. In
looking for suitable location, the PUD identified two county-owned parcels, which were
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
152
purchased as a unit when establishing CBV at its current location. The County and the PUD
are currently working on documentation to effectuate the sale.
The 32.72-acre unincorporated Port Townsend UGA comprises all publicly-owned parcels.
The re-designation of the land use and zoning maps would eliminate the potential
segmentation of the required urban services and facilities, but also ensure that future
connections/expansions of these services were possible.
Land Use Map & Zoning Designations
The Land Use and Zoning Map, adopted as a part of this element, is the graphic
representation of the densities and intensities of use and the goals, policies, and strategies
contained within this plan.
Land use and zoning designation is as follows:
Public facilities (UGA-P) comprise 32.72 acres, including open space areas, the Caswell-
Brown Village, the Port Townsend Regional Stormwater Facility, and a future electrical
substation as proposed by the Public Utility District No. 1 of Jefferson County.
Page 1-125
Urban Growth Area Goals & Policies
The goals and policies of the Urban Growth Area element provide direction for the
development of the Port Townsend Unincorporated Urban Growth Area and the Jefferson’s
County’s Port Hadlock/Irondale Unincorporated Urban Growth Area. They outline specific
criteria for urban development, incorporating issues and opportunities identified by County
residents in the public Urban Growth Area planning process.
Page 1-130
Policy LU-P-33.6 In addition to the LOS adopted for public facilities in the Capital
Facilities and Utilities Element of this Comprehensive Plan, adopt Urban LOS standards
for the following capital facilities and public services in the Port Hadlock/Irondale
Unincorporated Urban Growth Area:
a. On-Site Septic Sewage Treatment and Disposal: Per Jefferson County Code
Chapter 8.15 (On-Site Sewage Disposal Systems)
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
153
b. Sanitary Sewer: Per the adopted City of Port Townsend General Sewer Plan and
the Port Hadlock/Irondale Urban Growth Area General Sewer Plan and Port
Hadlock Wastewater Facility Final Design.
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2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
154
Page 8-3
EXHIBIT 8-1 Capital Facilities & Public Services Provided
Capital Facility &
Service Topic
Providers Serving Unincorporated
Territory Guiding Plans
Sewer Port Hadlock/Irondale UGA –
Jefferson County
Port Ludlow – Olympic Water and
Sewer
Unincorporated Port Townsend UGA
Port Hadlock Wastewater
System: Urban Growth Area
Sewer Facility Plan, 2008 and
Port Hadlock UGA Sewer
Facility Plan Update, 2021
Design Plans &
Specifications, 2013
Port Townsend General
Sewer Plan (pending final
adoption in 2025)
Page 8-32
Policy CF-P-9.1 Utilize the following siting criteria as the basis for siting new essential
public facilities or for the expansion of existing essential public facilities:
a. Proximity to major transportation routes and essential infrastructure;
b. Land use compatibility with surrounding areas;
c. Potential environmental impacts by the facility as well as to the facility, including siting
considerations regarding effects of climate change;
d. Effects on resource and critical areas;
e. Proximity to Urban Growth Areas
f. Public costs and benefits including operation and maintenance;
g. Current capacity and location of equivalent facilities; and,
h. The existence, within the community, of reasonable alternatives to the proposed activity.
i. Other criteria as determined relevant to the specific essential public facility, or criteria
developed with Port Townsend (municipal and unincorporated) or the Port
Hadlock/Irondale unincorporated Urban Growth Area community.
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Appendix B
2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
155
Parcel numbers Acres Owners
Parcel 1 (001162022) 0.07 Jefferson County
Parcel 2 (001162001) 21.81 Jefferson County
Parcel 3 (001162002) 2.45 Jefferson County
Parcel 4 (001162003) 2.50 Jefferson County
Parcel 5 (001162004) 2.53 Jefferson County
Parcel 6 (001162015) 0.38 Jefferson County
Parcel 7 (001161001) 0.8 Jefferson County
Parcel 8 (001162017) 2.18 City of Port
Townsend
Total Acreage: 32.72 Acres
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2024 Comprehensive Plan Amendment
Port Townsend Urban Growth Area Boundary
Expansion
156
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Appendix C, Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
157
18.10.060 F definitions.
“Facility and service provider” means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
“Family” means any number of an individual or two or more persons related by blood or
marriage or a group of not more than five persons living together as a single housekeeping
unit and doing their cooking on the premises as distinguished from a group occupying a
boarding house or rooming house or motel.
“Farm assistance agencies” means federal, state, or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service, the Washington Department of Agriculture,
or the Jefferson County conservation district.
“Farm equipment” for all chapters in this title, except Chapterchapter 18.22 JCC, includes,
but is not limited to, tractors, trailers, combines, tillage implements, balers, and other
equipment, including attachments and accessories that are used in the planting, cultivating,
irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
“Farm equipment” for purposes of Chapterchapter 18.22 JCC is governed by the definition of
“agricultural activities.”
“Farm plan” means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner’s goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
resources such as machinery or buildings and finances available. The terms “conservation
plan” and “farm plan” are interchangeable in this context.
“Farm worker housing” means a place, area, or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
“Farmed wetland” means wet meadow, grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
“Feasible alternative” means an alternative that:
(a) Meets the requirements of federal, state, and local laws and regulations;
(b) Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
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Appendix C, Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
158
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of “upset conditions” (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
“Federal candidate species” means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
“Federal endangered species” means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
“Federal sensitive species” means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
“Federal threatened species” means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
“Field Office Technical Guide (FOTG)” means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See “Recording.”)
“Fill” means any sand, gravel, earth, or other materials of any composition whatsoever placed
or deposited by humans.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
Chapterchapter 18.35 JCC and all other applicable codes and ordinances.
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Appendix C, Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
159
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of “firearm” includes the terms “pistol,”
“rifle,” “short-barreled rifle,” “shotgun,” “short-barreled shotgun,” “machine gun,” and
“antique firearm” as those terms are defined in RCW 9.41.010. The term “firearm” shall not
include: (a) devices, including but not limited to “nail guns,” which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2).
“Firing line” means a line parallel to the targets from which firearms are discharged.
“Firing point” means a location from which one individual fires at an associated target located
down range.
“Fish and wildlife habitat conservation areas” has the same meaning as in WAC 365-190-
030(6).
“Flood Insurance Rate Map (FIRM)” means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
“Flood or flooding” means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
“Forest land” has the same meaning as in WAC 365-190-030(7).
“Forest management” means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
“Forest practice” means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
“Forest practice, conversion” means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
“Forest practice, conversion option harvest plan (COHP)” means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas, road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class II, III, or IV special forest
practice permit application, and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
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Appendix C, Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
160
“Forest resource lands” means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production (RCW 36.70A.030(8)).
“Frequently flooded areas” has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
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Appendix C, Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
161
18.10.030 C definitions.
“Calendar day” means any day of the week, including weekends and holidays. When used for
computing time, the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
“Campground and camping facilities” means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
“Capital facilities” means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
“Capital improvements” means improvements to land, structures, initial furnishings, and
selected equipment.
“Caretaker residence” means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
“CC&Rs” means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to “declarations” for condominiums in
accordance with Chapterchapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the
county.
“Certificate of occupancy or use” means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
“Certified feed lot” means any place, establishment, or facility commonly known as a
commercial feed lot, or the like, which complies with all of the requirements of
Chapterchapter 16.58 RCW and associated rules and which holds a valid license from the
state.
“Channel migration zone” (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. “Channel
migration zone” means the historic channel migration zone (which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area (which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
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Appendix C, Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
162
“Channel migration zone” does not include disconnected migration areas, which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities built above or constructed to
remain intact through the 100-year flood elevation), that are no longer available for migration
by the river. “Channel migration zone” may exclude areas that lie behind a lawfully
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. “High channel migration hazard” (or high risk
CMZ) for the Big Quilcene, Little Quilcene, Dosewallips, Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
“moderate channel migration hazard” (or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
“low channel migration hazard” (or low risk CMZ) means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame. For the Lower Hoh River,
“moderately high hazard” (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
“moderate hazard” means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame, and “low hazard” means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
“Clearing” means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including, but not limited to, root material or topsoil material.
“Cluster development” means a development design technique that groups or “clusters”
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
“Co-housing (intentional communities)” means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M of Chapterchapter 18.15 JCC, Planned
Rural Residential Developments (PRRDs), where applicable.
“Commercial communication towers” means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
“Commercial kennel” has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
“Commercial recreational facility” means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
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Jefferson County Code
Ch. 18.10.030 Definitions
163
“Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
to the public, open only to private membership, or any combination of the above that for the
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term “commercial shooting facility” does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b) Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
“Commercial sign” means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
“Commercial use” means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
“Common area” means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
“Common open space” means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
“Community structure” means a structure which is intended for the common use of the
residents of a particular subdivision or community.
“Compatible” means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
“Comprehensive Plan” means the Jefferson County Comprehensive Plan and all of its goals,
objectives, policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to
Chapterchapter 36.70A RCW.
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
164
Concentrated Animal Feeding Operation (CAFO). (See “Animal feeding operation,
concentrated (CAFO).”)
“Concurrency” means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
development occur. (See also “Adequate capacity (adequate capital or public facilities),”
“Available capital facilities (available capacity),” and “Level of service (LOS).”)
“Conditional use” means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
“Conditional use permit” means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
“Condominium” means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with Chapterchapters 64.32 and 64.34 RCW. Condominiums are
not confined to residential units, such as apartments, but also include offices and other types
of space in commercial buildings.
“Congregate Living Facilities (nontransient)” means a building or part thereof that does not
contain more than two dwelling units, with 16 or fewer nontransient occupants, and contains
sleeping units where residents share bathroom or kitchen facilities, or both, as regulated under
310.4 Residential Group R-3, Washington State Building Code.
“Conservation district” means a “special purpose district,” like a fire district or school district,
organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to
landowners for the conservation of renewable resources.
“Construction/contractor yards and offices” means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See “Applicant.”)
“Convenience store” means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
“Cottage industry” means a commercial or manufacturing activity conducted in whole or in
part in either the resident’s single-family dwelling unit or in an accessory building, but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
165
scale commercial or industrial activity, including fabrication, with limited retail sales, that can
be conducted without substantial adverse impact on the residential character in the vicinity.
“County” means Jefferson County, Washington, its board, commissions, and departments.
“Critical aquifer recharge areas” has the same meaning as in WAC 365-190-030(3).
“Critical area buffer” means any buffer required by Chapter 18.22 JCC.
“Critical areas” has the same meaning as in WAC 365-190-030(4).
“Critical habitat” means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
“Cul-de-sac” means a road closed at one end by an area of sufficient size for turning vehicles
around.
“Current use” means the use of land or improvements at the time of permit application.
“Custom meat facility” means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
“Custom slaughtering establishment” means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 3
Jefferson County Code
Ch. 18.15
166
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inholdi
ng
1
DU
/5
Ac
res
1
DU
/10
Acr
es
1
DU
/20
Acr
es
Rur
al
Vill
age
Cen
ter
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indus
trial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indus
trial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indus
trial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Hadl
ock
Urb
an
Gro
wth
Area
Specific Land
Use AG
CF/RF
/IF
RR
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
Residential
Uses
See
Cha
pter
18.
18
JCC
Single-Family
Housing
Accessory
dwellings units
Yes Yes Y
es
Ye
s
Ye
s
Ye
s
No No No No Yes Yes No No No
Caretaker
residence
(public parks)
No No N
o
No No No No No No No No No No No C(a)
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 3
Jefferson County Code
Ch. 18.15
167
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inholdi
ng
1
DU
/5
Ac
res
1
DU
/10
Acr
es
1
DU
/20
Acr
es
Rur
al
Vill
age
Cen
ter
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indus
trial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indus
trial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indus
trial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Hadl
ock
Urb
an
Gro
wth
Area
Specific Land
Use AG
CF/RF
/IF
RR
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
Co-
housing/intenti
onal
communities
(subject to
PRRD overlay
in RR districts)
Yes No Y
es
Ye
s
Ye
s
Ye
s
No No No No No No No No No
Congregate
Living
Facilities—
nontransient
Yes No Y
es
Ye
s
Ye
s
Ye
s
No Yes Yes No No No No No No
Manufactured/
mobile home
parks (subject
No No Y
es
Ye
s
Ye
s
Ye
s
No Yes Yes No No No No No No
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 3
Jefferson County Code
Ch. 18.15
168
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inholdi
ng
1
DU
/5
Ac
res
1
DU
/10
Acr
es
1
DU
/20
Acr
es
Rur
al
Vill
age
Cen
ter
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indus
trial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indus
trial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indus
trial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Hadl
ock
Urb
an
Gro
wth
Area
Specific Land
Use AG
CF/RF
/IF
RR
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
to PRRD
overlay in RR
districts)
Single-family
residences
Yes Yes Y
es
Ye
s
Ye
s
Ye
s
No No No No No No No No No
Transient rental
of residence or
accessory
dwelling unit
Yes Yes Y
es
Ye
s
Ye
s
Ye
s
No No No No No No No No No
Duplexes
(subject to
meeting
Yes Yes Y
es
Ye
s
Ye
s
Ye
s
No No No No No No No No No
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 3
Jefferson County Code
Ch. 18.15
169
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inholdi
ng
1
DU
/5
Ac
res
1
DU
/10
Acr
es
1
DU
/20
Acr
es
Rur
al
Vill
age
Cen
ter
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indus
trial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indus
trial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indus
trial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Hadl
ock
Urb
an
Gro
wth
Area
Specific Land
Use AG
CF/RF
/IF
RR
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
underlying
density
requirements)
Farm worker
housing
See
JCC
18.20.
030
No N
o
No No No No No No No No No No No No
Multifamily
Housing
Multifamily
residential units
(3+ units)
No No N
o
No No Ye
s
No Yes Yes No No No No No No
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 3
Jefferson County Code
Ch. 18.15
170
Resource
Lands
Rural
Residential Rural Commercial Rural Industrial Publi
c
UG
A
Agricu
ltural
–
Prime
and
Local
Forest
–
Comm
ercial,
Rural
and
Inholdi
ng
1
DU
/5
Ac
res
1
DU
/10
Acr
es
1
DU
/20
Acr
es
Rur
al
Vill
age
Cen
ter
Conve
nience
Crossr
oad
Neighborho
od/Visitor
Crossroad
Gene
ral
Cross
road
Reso
urce-
Base
d
Indus
trial
Light
Industrial/C
ommercial
(Glen Cove)
Light
Indus
trial
(Glen
Cove
)
Light
Industrial/Ma
nufacturing
(Quilcene and
Eastview)
Heav
y
Indus
trial
Parks
,
Prese
rves
and
Recre
ation
Iron
dale
and
Port
Hadl
ock
Urb
an
Gro
wth
Area
Specific Land
Use AG
CF/RF
/IF
RR
1:5
RR
1:1
0
RR
1:2
0
RV
C CC NC GC RBI LI/C LI LI/M HI PPR
UG
A
Residential care
facilities with
up to 5 persons
No No Y
es
Ye
s
Ye
s
Ye
s
No No Yes No No No No No No
Residential care
facilities with 6
to 20 persons
No No C C C Ye
s
No No No No No No No No No
Nursing/conval
escent/assisted
living facilities
No No C C C Ye
s
No Yes Yes No No No No No No
Unnamed
residential uses
No No D D D D No D D No No No No No No
CA received 080825
EXHIBIT 45
Appendix C, Exhibit 4
Jefferson County Code
18.15.485
171
Planned Rural Residential (PRRD) Amendment
18.15.485 Minimum and maximum land area – Dwelling unit cap and cluster cap.
The permissible number of dwelling units within a PRRD shall be calculated based upon the
dwelling unit density of the underlying land use district. For the purposes of this chapter,
dwelling units and accessory dwelling units are considered equivalent and may be combined
when calculating dwelling unit density of the underlying land use district, so that the yield of
permissible units is the sum of primary units plus accessory units.
(1) The minimum land area required for PRRD proposals shall be as follows:
(a) RR 1:5 district – 10 gross acres;
(b) RR 1:10 district – 20 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 40 gross acres.
(2) The maximum land area that may be included in a PRRD proposal shall be as follows:
(a) RR 1:5 district – 225 gross acres;
(b) RR 1:10 district – 450 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 900 gross acres.
(3) The maximum number of dwelling units that may be permitted in a PRRD proposal shall
be limited to 45, contained within dwelling unit clusters of not more than 20 dwelling units
each; except, that where a density bonus is requested under JCC 18.15.520, the proposal may
include up to a total of 54 dwelling units, contained within dwelling unit clusters of not more
than 22 dwelling units each.
(4) Dwelling unit clusters within PRRD proposals shall be sufficiently separated to provide
visual relief and maintain rural character. Where feasible, clusters shall be separated by the
natural topographical features of the site, including, but not limited to, critical areas,
watercourses, and ridge lines. However, in no case shall dwelling unit clusters be located
closer than 600 lineal feet from one another. These requirements regarding separation of
dwelling unit clusters shall also be applied to circumstances where the adjoining property or
properties have previously been developed through the PRRD process as set forth in this
Article VI-M. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
CA received 080825
EXHIBIT 45
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
172
AIRPORT OVERLAY AMENDMENTS
Comprehensive Plan
Page 1-20
(JCIA LI/M Overlay III, consisting of 24 acres, Assessor’s Parcel No. 001-331-005 in the
AEPF
Page 6-7
First paragraph:
Ancillary uses of the facility which attracts public interest and increases use in the airport
includes businesses and organizations such as an aero museum, flight instruction school,
airplane mechanics, airplane restoration school, restaurant, and 24 acres areas designated in
2009 (Ord. No. 11-1215-09) for non-aviation-related light industrial/manufacturing
development.
Page 7-20:
Second to fourth and fifth paragraphs:
Industrial sites in Jefferson County include the Port of Port Townsend, Port Townsend
Industrial Park (which has become a commercial and business park), Glen Cove, Eastview,
Quilcene Industrial Area, the Irondale/Port Hadlock UGA, the Port Townsend Paper
Company, 24 acres at a Light Industrial/Manufacturing area at the Jefferson County
International Airport, and Resource Based Industrial zoned sites.
In addition to the industrial sites described above, the light industrial manufacturing park at the
Jefferson County International Airport, also known as the Airport Light Industrial Park also
allows non- aviation related industrial and manufacturing uses. In 2009, the County approved a
rezone of 24 acres from rural residential to Airport Essential Public Facility capable of
supporting up to ten small to medium sized lowimpact, non-aviation-related light
industrial/manufacturing businesses. As of 2017 the site Development of the Airport Light
Industrial Park will requires a Binding Site Plan approval(s) and, clearing and installation of
infrastructure before any business operations may commence.
Unified Development Code Proposed Amendatory Language:
18.15.1110 Designated.
The Jefferson County International Airport (JCIA) is a general purpose, public aviation airport
that provides recreational, business, flight training, charter and air taxi services and other uses.
The airport essential public facility district designation (see the official Jefferson County
Comprehensive Plan land use designations map) shall apply to the following:
(1) Parcels designated as an airport essential public facility on the official Jefferson
County Comprehensive Plan land use designations map;
CA received 080825
EXHIBIT 45
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
173
(2) Any parcel or parcels (a) subsequently acquired by the Port in accordance with the
provisions of the approved JCIA master plan, depicted on the Airport Layout Plan (ALP) Map
of the FAA-approved Airport Master Plan or (b) currently owned by the Port, which are
approved for inclusion in the airport essential public facility district through the Jefferson
County Comprehensive Plan text and land use amendment process, or any other applicable
process. [Ord. 8-06 § 1]
18.15.453 Airport Overlay III.
(1) Purpose. The purpose of the Airport Overlay III is to provide a limited opportunity for rural
scale non- aviation-related industrial uses that contribute to the long-term financial viability
of the AEPF and to enhance the economic vitality and quality of life for the citizens of
Jefferson County.
(2) Overlay Map. Jefferson County will prepare and maintain an Airport Overlay III map that
identifies the parcels located within the overlay.
(3)(4) Permitted, Conditional and Prohibited Uses. Notwithstanding the permitted, conditional
and prohibited use limitations set forth in JCC 18.15.1112 through 18.15.1114, the following
uses shall be permitted within the Airport Overlay III designation:
(a) Non-aviation-related light industrial/manufacturing.
(4)(5) Development Standards. In addition to the standards for new development in the AEPF
district set forth in JCC 18.15.1124 through 18.15.1132, the following provisions shall apply:
(a) Impervious Surface Coverage, Building Dimension and Height Restrictions.
(i) Total impervious surface coverage shall not exceed 25 percent.
(ii) No structure shall exceed 10,000 square feet in size.
(iii) Notwithstanding JCC 18.15.1130, in no instance may structures exceed 35
feet in height.
(b) Vegetation Retention and Perimeter Buffering. Existing vegetation should be
maintained to the maximum extent practicable in order to reduce soil erosion, provide habitat
for wildlife, screen light industrial uses from view, and maintain the predevelopment
hydrologic regime. Additionally, the Port shall maintain a minimum 50-foot-wide buffer along
the outer perimeter of each ownership parcel (i.e., not leasehold parcels created through a
future binding site plan process) within the overlay to screen industrial uses from view and
maintain the unincorporated rural aesthetic values of the locale.
(c) Low Impact Development (“LID”). Development occurring within the Airport
Overlay III shall incorporate low impact development practices to the maximum extent
feasible. The most recent edition of the Low Impact Development Technical Guidance Manual
for Puget Sound (May 2005), developed by the Puget Sound Action Team in collaboration
with the Washington State Department of Ecology, shall be used as a primary source by the
county in reviewing and mitigating development occurring within the overlay district. [Ord.
11-09 § 2 (Att. B)]
CA received 080825
EXHIBIT 45
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
174
CA received 080825
EXHIBIT 45
cityo(Port David Faber I Mayor 1360.379.2980 I dfaber@cityofpt.us
Townsend
November 18, 2024
Board of County Commissioners
via email: JeffBoCC@co.lefferson.wa.us
RE: City of Port Townsend's Support of County proposal to expand the Port Townsend Urban
Growth Area (UGA) boundary to include publicly-owned parcels of public purpose uses,including the
Caswell-Brown Village for housing services.
Parcel Numbers: Assessor Parcel Numbers: 001162022,001162001,001162002, 001162003,
001162004, 001162015,001161001, 001162017
Greetings Commissioners:
The Port Townsend City Council reviewed the County Supplemental staff report and SEPA addendum
supporting a limited expansion of the Port Townsend UGA to include Caswell-Brown property and a
limited number of adjacent public parcels for access to City of Port Townsend urban services. After
review and discussion,the Council voted to support the proposal, aligning with the County's staff report
and emphasizing the following:
County Staff Report: "Either the subject parcels themselves already contain urban-style development or
they are located in close proximity to urban development, and by either measure,the subject area is
appropriate for urban growth. The growth pattern on or near these lands makes the parcels
incompatible with the primary use of land for the production of food, other agricultural products, or
fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands
designated pursuant to RCW 36.70A.170.The parcels are located in close proximity to urban services,
including but not limited to the City of Port Townsend's regional stormwater system,sanitary sewer
system, domestic water system, street cleaning services, fire and police protection services, public
transit services, healthcare and medical services, and other public utilities associated with urban areas
and normally not associated with rural areas."
City supplemental finding: The City of Port Townsend supports adoption of a City Capital Improvement
Plan (CIP)and General Sewer Plan (GSP)that ensures capacity for the expanded UGA service area. A lift
station to serve this area is funded in the 2022-2028 Capital Improvement Plan and a sewer connection
to CBV is listed in the proposed 2024-2010 CIP. The City Council will hold a public hearing on November
18, 2024 on the proposed GSP and on December 2, 2024 on the CIP update with final action on both
anticipated to occur on or before December 16, 2024. The City SEPA administrator signed a SEPA
Determination of Non-Significance (DNS) on the CIP with comments or appeals due November 28, 2024.
She also signed a SEPA DNS on the GSP October 8, 2024. No appeal or comments were received.
250 Madison Street•Suite 2 • Port Townsend•WA 98368 ( www.cityofpt.us
CA received 080825
EXHIBIT 45
Cityo( ort David Faber I Mayor 1360.379. 2980 I dfaber@cityofpt.us
11Townsend
Additionally, the County applied for a Connecting Housing through Infrastructure Grant(CHIP)grant
from the Department of Commerce to extend utilities and recapture of the City's System Development
Charge fee deferrals that are mode available for low-income housing development like Caswell Brown.
This UGA extension allows both the City and County to partner in providing efficient services for all
economic segments of our community.
County Staff Report: "The Caswell-Brown Village ("CBV") on Mill Road refers to the combined 50- bed
emergency shelter with permanent supportive housing and a 40-lot park consisting primarily of
recreational vehicles and tiny shelters to provide housing for persons experiencing housing insecurity. . .
The CBV currently has 50 tiny shelters available to unhoused people, and OlyCAP is working to build a
permanent support housing on site. It will be a continuum of care housing facility operated by OlyCAP
on a long-term lease with the County."
City supplemental finding: The City supports urgent UGA expansion to be eligible for and secure
Connecting Housing through Infrastructure Grant(CHIP)funding from the Department of Commerce,
which requires that Caswell Brown be fully within a UGA boundary. Moreover, there is an overriding
public interest and public benefit to include the proposed parcels within the UGA to protect public health
and safety by avoiding installation of a large onsite septic system and enabling efficient service of sewer
and water. The City has adopted an Emergency Shelter and Housing ordinance (Ordinance 3335) that
classifies a site such as CBV as a "Continuum of Care Facility"due to the mixed types of emergency, tiny
shelter, and safe parking available. This housing proposal both alleviates current stressors to provide
emergency shelter at the County-run American Legion shelter and provides a path forward to meet a
variety of shelter needs for the unhoused population.
The City used the parcel data in its Land Capacity Analysis to determine if any other suitable locations
exist within the UGA for a facility matching CBV. Staff referenced the Dept of Commerce Book 2 Guidance
for Updating Your Housing Element, and analyzed UGA capacity for emergency housing needs using
Option B, the assumed density method. The City of PT UGA does not contain a property with government
site control that can accommodate similar densities of that provided by a regionally comparable facility
that is also zoned to allow emergency shelter facilities such as CBV. For purposes of regional analysis, the
City used Serenity House in Port Angeles as a comparator, which offers beds at the density of 99 per acre
188 beds approved in the City of PA Conditional Use Permit staff report on 1.89 acres). Additionally,
Serenity House offers multiple safe parking stalls and tent camping sites. It is the closest regional land
use to Port Townsend'definition of a Continuum of Care Facility. Three privately-owned large properties
that could accommodate a facility the size of Caswell Brown at Serenity House densities. However, each
lacked sufficient utilities, street access, or adequate unit densities with critical areas deductions to be
viable. The City owns a property as part of its Affordable Housing Inventory(the "Lewinsky"property),
but it also lacks utilities and contains critical areas. The Lewinsky property is not zoned for Emergency
Shelters or Continuum of Care facilities. The Housing Action Plan Tool(HAPT)projects a need of 280 units
of emergency housing for the 20-year planning period in the City of Port Townsend UGA. The CBV must
be successful to help meaningfully defray the need for 280 emergency housing beds in the Port
Townsend UGA.
A)
250 Madison Street•Suite 2 • Port Townsend-WA 98368 I www.cityofpt.us
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c'tY0i art David Faber I Mayor 1360.379.2980 I dfaber@cityofpt.us
Townsend
County Staff Report: "The zoning would change from Rural Residential(RR 1:20 and RR 1:5) to UGA
Public. The area proposed to be included within the Port Townsend UGA is characterized by urban
growth."
City supplemental finding: The City of Port Townsend concurs that this area is characterized by urban
growth. As port of the 2025 Periodic Update of the City's Comprehensive Plan, the City will amend its
map and plans to ensure consistency with the BoCC's decision on this UGA boundary adjustment matter.
The preliminary docket will be decided in early 2025. If BoCC action is taken, Council will approve a
docket item to make responsive changes.
In closing the City of Port Townsend greatly appreciates partnership with Jefferson County to help solve
our affordable housing emergency and address our respective Growth Management Act Housing
Comprehensive Plan goals. These efforts also reflect the cooperative effort to fulfill Growth
Management Act requirements and be consistent with Countywide Planning Policies. We look forward
to moving forward on this proposal in lockstep with our CIP and GSP and Periodic Update next year.
cerely,
David J. Faber
Mayor of Port Townsend
Cc: Josh Peters, Jefferson County Dept of Community Development Director; Ted Vanega, Department
of Commerce; Emma Bolin, City of PT Planning and Community Development Director
250 Madison Street•Suite 2 • Port Townsend • WA 98368 I www.cityofpt.us
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST—Regular Session
TO: Board of County Commissioners
FROM: Josh D.Peters,AICP, Director,Community Development
Joel M.Peterson,Associate Planner, Community Development
DATE: December 9,2024
SUBJECT: HEARING and POSSIBLE ACTION re:2024 Annual Amendments to
Comprehensive Plan and Unified Development Code
STATEMENT OF ISSUE:
On November 18, 2024 the Board of County Commissioners held a workshop with Community
Development to update the Board on the 2024 Amendment Cycle Docket and to address the Planning
Commission's recommendation for the Board to hold a public hearing on the proposals. In that workshop,
the Board approved a notice of public hearing for December 9, 2024. The hearing notice was published in
the November 20 and 27 editions of The Leader newspaper. The Board may deliberate and take action on
the 2024 Docket directly after the hearing.
BACKGROUND:
The following background information is repeated from the November 18, 2024 Agenda Request.
On May 13, 2024,the Board of County Commissioners (BoCC) set the Final Docket for the 2024
Comprehensive Plan(CP) and Unified Development Code (UDC)Annual Amendment Cycle pursuant to
JCC 18.45.080. Subsequently, the Jefferson County Planning Commission completed its review of the
amendment proposals, including a public hearing on September 18,2024, and deliberating on the record in
the same meeting.
Community Development's analysis of the 2024 proposals is presented in the 2024 Comprehensive Plan
Amendment Docket, Combined Staff Report and SEPA Addendum, September 4, 2024; and in the 2024
Comprehensive Plan Amendment Docket SUPPLEMENTAL Staff Report and SEPA Addendum, October 10,
2024. Modifications to Proposed Amendments 2 and 4 created a need for focused evaluation of those
changes and further documentation in the supplemental staff recommendations.
The Planning Commission deliberated on public comment and the record after the September 18, 2024
hearing, and recommended approval of the four amendment proposals. The Planning Commission met on
October 16, 2024, and after review of the October 10, 2024 Supplemental Staff Report and SEPA
Addendum, the Planning Commission reconfirmed their September 18, 2024 recommended approval of all
2024 amendment proposals.
The Planning Commission recommendations to the BoCC are found in the attached Jefferson County
Planning Commission's Report and Recommendation for the Final 2024 Comprehensive Plan Amendment
Docket, dated November 6, 2024. This Planning Commission recommendation letter provides additional
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S
detail regarding the Planning Commission process that occurred. The planning Commission, as well as
Community Development, recommends approval of all four proposals. The Planning Commission also
recommends that the Board hold their own public hearing.
Proposed Amendments to as originally submitted:
1.2024 Port Hadlock/Irondale UGA With implementation of the sanitary sewer in
Comprehensive Plan(CP)& UDC Amendments, Port Hadlock UGA, updated UGA regulations
and Potential 2024 UGA Amendments Continuing are urgently needed for the development of
through 2025 Periodic Update, Including Middle affordable housing.
Housing Amendments
2.2024 UGA CP& UDC Amendments to Modify Investigating the possibility of swapping rural
the Port Townsend UGA Boundary by Removing land with Port Townsend UGA,and thereby
Farmland following De-annexation and Adding the enabling urban infrastructure to Caswell-
Caswell-Brown Village(Housing Facility)and Brown Village, is critically important to
Adjacent Public Properties(i.e.,"UGA Swap") provide supportive housing.
3. Planning Commission UDC Rural Housing New development regulations enabling
Amendments Carried Forward from 2023 Cycle congregate housing and alternative
development standards in single-family
residential zones is urgently needed as one
solution to limited affordable housing supply.
4. Review of Land Use and Zoning in the Jefferson Timing is appropriate to accommodate
County Airport Essential Public Facility(AEPF), existing business growth and new job creation
Particularly Airport Overlay III,Jefferson County potential. Allowing additional zoning on port-
International Airport(JCIA): Port of Port Townsend owned property,adjacent to JCIA,offers the
community a path to maintaining good-paying
job growth that is needed in Jefferson County.
Modifications made to the proposals during the public process:
Proposal 2, Port Townsend UGA Boundary Amendment
Original Proposed Amendment 2: UGA Comprehensive Plan& UDC Amendments to Amend the Port
Townsend Urban Growth Area, Swapping Farm Land with Caswell-Brown Village and Adjacent
Properties.
Modified Proposed Amendment 2: Proposal to expand the Port Townsend Urban Growth Area (UGA)
boundary to include publicly-owned parcels for public purpose use, including the Caswell-
Brown Village for housing services. "
The process of land swaps between non-urban land in a UGA and urban land outside of a UGA results from
a legislative amendment to the Growth Management Act(GMA), codified at RCW 36.70A.110. This
process was being proposed as a way to expand the UGA boundary to include Caswell-Brown Village. This
process did not come to fruition between a prospective landowner, County and City. Proposal 2 was
modified by County and City to pursue the alternative of expanding the UGA boundary directly to include
public purpose land and Caswell-Brown Village.
Proposal 4, Expansion of Airport Essential Public Facility (AEPF) by 12 Acres and Expansion of Airport
Overlay III within the AEPF
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The AEPF is currently ca. 316 acres. The Port of Port Townsend proposes to expand the AEPF by 12 acres
by adding two 6-acre parcels(APN 001332013 and APN 001332017)to the southwest boundary (Figure 3),
as well as expand the existing 24-acre Airport Overlay III within the resulting AEPF zone from 24 acres to
ca. 73.5 acres total. There are two distinct portions to the expanded overlay: 1) a 6.5-acre area in the
northeast corner of the AEPF, north of Airport Road, and 2)the main overlay area south of the FAA
building restriction line (boundary of Airport Overlay I).
Modifications to original Proposal 4 includes refinement of the proposed expansion area of the Overlay III
zone to include only properties that the Port of Port Townsend owns, and removing a parcel used as access
from the proposed Overlay III expansion. The revised map is evaluated in the supplemental staff report.
ANALYSIS:
The Staff Report and Supplementary Staff Report analyze modifications and refinements to the original
proposals and are part of the November 18, 2024 BoCC record. Final action on the docket must be taken by
the second regular Board meeting in December. JCC 18.45.080(2)(b).
The City of Port Townsend sent a letter of support and supplemental findings for the County proposal to
expand the Port Townsend Urban Growth Area(UGA) boundary to include publicly-owned parcels of
public purpose uses, including the Caswell-Brown Village for housing services (Proposal 2). This letter was
received after the November 18, 2024 workshop with Community Development and the Board and is
attached.
Modifications to the Draft Implementing Ordinance Since the November 18,2024 Workshop:
Modifications were made to the draft ordinance previously attached to the November 18, 2024 Board agenda
packet. These modifications do not affect the proposals, but address the ordinance itself as follows:
1. A recital in the ordinance was deleted because it referred to the UGA land swap option of Proposal 2,
which was not used. Section 4 was also updated to remove land swap language.
2. Missing dates within the recitals for process that had not yet occurred, such as the final ordinance
adoption, were updated.
3. Section 11 was modified to provide an ordinance effective date for the UGA expansion at 60 days
per RCW 36.70A.067, and leaving an immediate effective date for the remaining amendments.
FISCAL IMPACT:
No significant fiscal impact from the decision to hold a public hearing.
RECOMMENDATION:
Conduct the public hearing on the 2024 Comprehensive Plan&UDC Amendments, deliberate, and take
final action on the amendment proposals.
REVIEWED BY:
Mark McCauley, ounty Administrator 5 Date
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ATTACHMENT B
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST—Regular Session
TO: Board of County Commissioners
FROM: Monte Reinders,AICP,Director,Public Works
Mo-chi Lindblad,Principal Planner,Community Development
Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney
DATE: August 4,2024
SUBJECT: WORKSHOP re:Amendments to JCC 13.02.010,and JCC 13.04.010 in Division I of
title 13 JCC(PHUGA Sewer Utility Code)
STATEMENT OF ISSUE:
On July 28,2025,the Board of County Commissioners approved a hearing notice for an ordinance
to amend JCC 13.02.010, and JCC 13.04.010 in Division I of title 13 JCC (PHUGA Sewer Utility
Code). Staff has posted the proposed ordinance on the county website. Attached is the proposed
ordinance. Staff will present a workshop on August 4, 2025 to discuss the proposed ordinance.
BACKGROUND:
As the PHUGA sewer system is expected to come on line on September 8, 2025, staff has
determined that clarification to Division I of title 13 JCC (PHUGA Sewer Utility Code) should be
made. The clarifications include clarify when to "turn off'the transitional zoning and cleanup to
definitions and references between chapter 18.19 JCC(Transitional Rural Development Standards
of the Irondale and Port Hadlock Urban Growth Area) and Division I of title 13 JCC to provide
greater consistency between the two chapters.
The Board of County Commissioners of Jefferson County adopted Ordinance No. 07-1118-24 on
November 18, 2024, which adopted title 13 JCC (PHUGA Sewer Utility Code). Then, on
December 9,2024 the Board of County Commissioners adopted Ordinance No.09-1209-24,which
adopted the 2024 Comprehensive Plan Amendment Cycle Docket and amended Division I of title
13 JCC, chapter 18.18 JCC (Irondale and Port Hadlock UGA Development Regulation
Implementation) and chapter 18.19 JCC.
The Board of County Commissioners have raised questions about the how turning off the
transitional rural zoning in chapter 18.19 JCC for the Irondale and Port Hadlock urban growth
works in practice. Staff have been working on how best to answer this question for the Board of
County Commissioners, county departments and the public. Along with training of staff across
county departments, amendments to JCC 13.02.010 and JCC 13.04.010 are recommended. Staff
recommends that the Board of Commissioners adopt an ordinance amending these sections of title
13 JCC.
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Why the Sewer is Important to the future of Jefferson County
Jefferson County needs urban services to stimulate economic development and the growth of
affordable housing. The University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages. Only housing at urban levels can materially impact the availability of
affordable housing. Under the Growth Management Act (GMA), urban level housing is allowed
only in an urban growth area, absent some exceptions not applicable here.
The Long History of the Development of the Irondale and Port Hadlock Urban Growth Area
Detailed planning for the designation of an Irondale and Port Hadlock Urban Growth Area
PHUGA) in compliance with the requirements of the GMA started and has been ongoing since
the adoption of the first Jefferson County GMA Comprehensive Plan in 1998. Development of a
sewer system is required to provide urban services in the PHUGA so that urban development may
occur,as required by RCW 36.70A.110 under the GMA. Legislation adopted the PHUGA in 2004.
After the county adopted a Comprehensive Plan amendment creating the Irondale and Port
Hadlock Urban Growth Area,the county spent years litigating with a community group called the
Irondale Community Action Neighbors (ICAN) about whether the proposed UGA zoning
complied with the Growth Management Act, Chapter 36.70A RCW. It was a lack of a sewer that
prevented implementation of the UGA zoning at the Growth Board, until now. According to the
Growth Board:
In [its] May 2008 Decision and Order, the Board determined that the
Irondale/Hadlock UGA and its implementing regulations did not comply with the
GMA because the County's Capital Facilities Plan for the area did not provide
sanitary sewer service throughout the proposed UGA over the 20-year planning
period, and the plan failed to show a firm funding element for sewer service within
the first six years.
Irondale Community Action Neighbors (ICAN) v. Jefferson County, Case No. 07-2-0012, FINAL
DECISION AND ORDER Western Washington Growth Management Hearings Board (Feb. 8,
2008).
In the end, the county was able to preserve the UGA zoning while it sought to obtain funding to
make a sewer"available." The funding effort for the sewer took nearly fifteen years. The county
preserved the UGA zoning until the sewer was"available"by creating a transitional rural overlay,
which could be found in Chapter 18.19 JCC, and by describing when a sewer would become
available" in Ordinance No. 03-0323-09, later codified in JCC 18. 18.060(4), which then said,
Sewers will be considered to be available to the phased implementation area when sewer
infrastructure enters a sewer phase area,according to the phased areas outlined in the Port Hadlock
Sewer Facility Plan, September 2008." (Emphasis added.)
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan") into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
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UGA") and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024,
UGA Final Compliance Action).The Sewer Plan is an engineering document;however,in addition
to the engineering specifications it adopted a 6-year and 20-year financing plan to implement the
2008 Sewer Plan or its alternatives. Ordinance No. 03-0323-09 at 79. The Growth Board found
that the County's CFE, Capital Facilities Plan ("CFP"), and Sewer Plan's met GMA planning
requirements with a financing plan, service areas, phasing, component details, and consistency.
Irondale Community Action Neighbors (ICAN) et al. v. Jefferson County, WWGMHB No. 07-2-
0012c, at 7-10 (Compliance Order, May 1, 2009). The Sewer Plan was updated in 2021. Port
Hadlock UGA Sewer Facility Plan Update and Appendices (Feb. 2021). A Comprehensive Plan
Amendment(MLA20-00102)was adopted for the updated Sewer Plan in Ordinance No. 01-0426-
21, when the 2020 Comprehensive Plan Docket was approved. The 2021 Sewer Plan update
includes a phased plan for providing sewer in the UGA starting with the commercial core along
SR-116 and Rhody Drive and expanding into residential areas over time.
Construction of the PHUGA sewer system for the core area began in 2023 and the sewer is
expected to begin operating on September 8, 2025. This is the first day that sewer will be
available" to portions of the PHUGA, making it possible to turn off transitional zoning in those
areas where sewer is "available."
Transitional Zoning will remain in areas where sewer is not"available"
The core area does not include the entire PHUGA. Accordingly, in order to comply with Irondale
Community Action Neighbors (ICAN) v. Jefferson County, Case No. 07-2-0012, FINAL
DECISION AND ORDER Western Washington Growth Management Hearings Board (Feb. 8,
2008), transitional zoning in chapter 18.19 JCC must continue until sewer is "available" in other
parts of the PHUGA. According to JCC 18.19.110 (as amended by Ordinance No. 03-0323-09),
Effective as of March 23,2009,the effective date of Ordinance No. 03-0323-09,Jefferson County
shall apply transitional rural zoning in the Irondale and Port Hadlock Urban Growth Area for
parcels that do not yet have sewer available." Ordinance No. 09-1209-24, Appendix A, Exhibit 1
at 13. Recall that it was Ordinance No. 03-0323-09 that saved the PHUGA at the Growth Board.
Prior to the adoption of Ordinance No. 09-1209-24, sewer availability for purposes of determining
when transitional zoning could be turned off and then urban level zoning would become effective
was determined by chapter 18.19 JCC was when sewer service came within 200 feet of a property
within the PHUGA. Ordinance No. 09-1209-24,moved the determination of when a public sewer
was available from chapter 18.19 JCC to JCC 13.04.010. Through Ordinance No. 09-1209-24,
JCC 18.18.060(4) states, "Sewers shall be considered to be available for the purposes of turning
off the transitional rural zoning in chapter 18.19 JCC for the Irondale and Port Hadlock urban
growth area as described in title 13 JCC" and, JCC 13.02.010 states "`available or availability'
means that the PHUGA sewer system is available to a property as described in JCC 13.04.020."
ANALYSIS:
The intent of Ordinance No. 09-1209-24, was to maintain the 200 foot rule previously in chapter
18.19 but staff who have been working with the language of Division I of title 13 JCC, as pipes
have been laid, connections to properties began, the sewer plant has been installed, and sign ups
of properties to the sewer system are underway believe JCC 13.02.010 and JCC 13.04.010 are not
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as clear as possible. Clarity about how the transitional zoning turns off and UGA zoning becomes
effective is necessary both for staff across county departments and the public.
FISCAL IMPACT OF THE PROPOSED ORDINANCE:
Expect additional staff time in training. But also expect a slight productivity increase because of
the changes in the ordinance will require less effort to apply the transitional zoning requirements.
Otherwise,there will be no significant fiscal impact from adopting the proposed ordinance.
RECOMMENDATION:
Conduct a workshop to discuss the changes in the proposed ordinance set for a hearing on August
18, 2025.
REVIEWED BY:
Josh . Peters, County Administrator Dat
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Amending JCC 13.02.010 and
JCC 13.04.010 ORDINANCE NO.
WHEREAS, RCW 36.94.020 authorizes Jefferson County to construct, operate and
maintain, conduct, and operate systems of sanitary sewerage, and grants Jefferson County the
authority to control, regulate, operate, and manage such systems of sanitary sewerage; and,
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, local governments have considerable latitude in exercising police powers
through enacting reasonable regulations. A regulation is reasonable if it promotes public safety,
health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose
being pursued; and,
WHEREAS,detailed planning for the designation of an Irondale and Port Hadlock Urban
Growth Area ("PHUGA") in compliance with the requirements of the Growth Management Act
GMA") started and has been ongoing since the adoption of the first Jefferson County GMA
Comprehensive Plan in 1998; and,
WHEREAS, development of a sewer system is required to provide urban services in the
PHUGA so that urban development may occur,as required by RCW 36.70A.110 under the GMA;
and,
WHEREAS, Jefferson County needs urban services to stimulate economic development
and the growth of affordable housing; and,
WHEREAS, the University of Washington College of the Built Environment currently
ranks Jefferson County as the second least affordable county in Washington based on median home
prices compared to wages; and,
WHEREAS, on November 18, 2024, the Board of County Commissioners of Jefferson
County adopted Ordinance No. 07-1118-24, which adopted title 13 JCC (PHUGA Sewer Utility
Code)and,
WHEREAS,on December 9,2024,the Board of County Commissioners Jefferson County
adopted Ordinance No. 09-1209-24, which amended title 13 JCC, Chapter 18.18 JCC (Irondale
and Port Hadlock UGA Development Regulation Implementation) and chapter 18. 19 JCC
Transitional Rural Development Standards of the Irondale and Port Hadlock Urban Growth Area);
and,
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WHEREAS, prior to the adoption of Ordinance No. 09-1209-24, sewer availability for
purposes of determining when transitional zoning could be turned off and so urban level zoning
would become effective was determined by chapter 18.19 JCC as when sewer service came within
200 feet of a property within the PHUGA UGA;' and,
WHEREAS,Ordinance No.09-1209-24,moved the determination of when a public sewer
was available from chapter 18.19 JCC to JCC 13.04.010, as JCC 18.18.060 states, "Sewers shall
be considered to be available for the purposes of turning off the transitional rural zoning in chapter
18.19 JCC for the Irondale and Port Hadlock urban growth area as described in title 13 JCC"and,
JCC 13.02.010 now states "`available or availability' means that the PHUGA sewer system is
available to a property as described in JCC 13.04.020(sic);"and,
WHEREAS, the intent of Ordinance No. 09-1209-24, was to maintain the 200 foot rule
previously in chapter 18.19 JCC by moving the definition of"available and availability"to title 13
JCC; and,
WHEREAS,Staff who have been working with the language of title 13 JCC,as the startup
of the PHUGA sewer system nears believe JCC 13.04.010 is not as clear as possible; and
WHEREAS, clarity is necessary about how the transitional zoning turns off and UGA
zoning becomes effective; and,
WHEREAS, RCW 36. 94.130 authorizes the board of county commissioners to adopt by
reasonable rules and regulations governing the construction, maintenance, operation, use,
connection and service of the system of sanitary sewerage; and,
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Jefferson County, Washington as follows:
Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact
for this ordinance.
Section 2.Purpose.The purpose of this ordinance is to clarity how the transitional zoning turns off
and UGA zoning becomes effective upon sewer availability in the PHUGA.
Section 3. Amendment of JCC 13.02.010 and JCC 13.04.010. JCC 13.02.010 and JCC 13.04.010
are hereby amended as set out in Appendix A.
Section 4. SEPA Compliance.
In 2009, the County incorporated the Port Hadlock UGA Sewer Facility Plan (2008) ("Sewer
Plan") into the County's Comprehensive Plan Capital Facilities Element("CFE")to comply with
the Growth Board's decision finding noncompliance with the County's Urban Growth Area
UGA") and GMA capital facilities planning. Ordinance No. 03-0323-09 (Re: MLA09-00024,
UGA Final Compliance Action). Ordinance No. 03-0323-09 states:
For example,JCC 18.19.120(4)said,"Nothing in this section shall be construed as prohibiting the placement of an
on-site septic system in the UGA,unless the property is located within 200 feet of an existing sewer service area
which has capacity to accommodate the proposed development."
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WHEREAS, Jefferson County issued an Addendum document pursuant to the
Washington State Growth Management Act and State Environmental Policy Act
SEPA)on February 4, 2009, which is hereby incorporated by reference;
WHEREAS, the SEPA Responsible Official at the Department of Community
Development has determined that existing environmental documents, augmented
by the integrated SEPA Addendum, provide adequate environmental review to
satisfy the requirements of WAC 197-11-600;
Ordinance No. 03-0323-09 at 3.
4. The Department of Public Works and Community Development have
drafted a feasible financing plan for a sanitary sewer system for the first six years,
have completed sound engineering for effluent discharge that will not harm the
environment, and have provided for the economic needs of the local population,
now and into the future.
Ordinance No. 03-0323-09 at 4.
6. The following environmental documents have been adopted pursuant to
SEPA administrative rules:
Draft and Final Environmental Impact Statements (DEIS/FEIS) and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively,and examined the potential cumulative environmental impacts
of adopting alternative versions of the Comprehensive Plan.
Draft and Final Supplemental EIS (DSEIS/FSEIS) and addenda for the
Comprehensive Plan 1999 Amendments, also known as Tasks III and IV of
the Tri-Area / Glen Cove Special Study. The DSEIS and FSEIS are dated
June 30, 1999 and August 18, 1999, respectively, and examined the
potential environmental impacts of adopting one of the identified planning
alternatives for the Tri-Area of Chimacum-Port Hadlock-Irondale and the
Glen Cove mixed use area.
DCD Integrated Staff Report and DSEIS/FSEIS for the 2002, 2003, 2004,
2005 and 2006 Comprehensive Plan Amendment Dockets. Amidst other
information, the adopted documents provide background and analysis on
the designation of a UGA in the Irondale& Port Hadlock area.
DCD Integrated GMA/SEPA Staff Report dated February 21,2007.
DCD Integrated GMA/SEPA Staff Report dated February 4, 2009.
Ordinance No. 03-0323-09 at 4-5. As amended, the Comprehensive Plan incorporated the entire
Sewer Plan and it was added as an Appendix to the CFE.Ordinance No. 03-0323-09 at 83.A copy
of the SEPA checklist was included in the Sewer Plan—Environmental Report and SEPA
Checklist. Details from the Sewer Plan were directly incorporated into the Comprehensive Plan's
6-year CFP. Ordinance No. 03-0323- 09 at 79.
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The Sewer Plan adopted a 6-year and 20-year financing plan to implement the 2008 Sewer Plan or
its alternatives. Id. The Growth Board found that the County's CFE, Capital Facilities Plan
CFP"), and Sewer Plan's met GMA planning requirements with a financing plan, service areas,
phasing,component details,and consistency.Irondale Community Action Neighbors(ICAN)et al.
v. Jefferson County, WWGMHB No. 07-2-0012c, at 7-10(Compliance Order, August 12, 2009).
The Sewer Plan was updated in 2021. Port Hadlock UGA Sewer Facility Plan Update and
Appendices (Feb. 2021). The revisions to the Sewer Plan mostly related to funding, engineering
specifications (low pressure system with grinders), and minor modifications to the core service
area. The revisions allowed the County to implement sewering the core service area within six
years. A Comprehensive Plan Amendment (MLA20-00102) was adopted for the updated Sewer
Plan in Ordinance No. 01-0426-21, when the 2020 Comprehensive Plan Docket was approved.
Ordinance No. 01-0426-21 included a SEPA review through a staff issued Addendum to the 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements("EIS")
and subsequent Supplement EISs, and a SEPA Checklist and Addendum that addressed the 2020
Docket items, including the proposed revisions to the Comprehensive Plan. Ordinance No. 01-
0426-21 at 2.
The County published a SEPA Addendum on February 28, 2021. The SEPA Addendum and
supporting SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement ("Final EIS"), May 27, 1998 and
associated SEPA documents.These SEPA documents were adopted and the additional information
was determined not to involve significant new impacts. A Determination of Significance and
Notice of Adoption was published on February 28, 2021. Ordinance No. 01-0426-21 at 8.
An agency may use previously prepared environmental documents to evaluate proposed actions,
alternatives, or environmental impacts. The proposals may be the same as or different than those
analyzed in the existing documents(WAC 197-11-600(2)).These documents are listed in response
to Question 8 of the SEPA Environmental Checklist and in the Addendum and were adopted in
association with the Comprehensive Plan and development regulations adopted in Ordinance No.
01-0426-21. This ordinance is within the scope of the previous EIS documents and the February
28, 2021 Determination of Significance and Notice of Adoption.
Section 5. Effective Date: This ordinance shall take effect immediately upon adoption.
SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this day of 2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Heidi Eisenhour, Chair
Greg Brotherton, Member
ATTEST:
Heather Dudley-Nolette, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C. Hunsucker,Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
AMENDMENTS TO JCC 13.02.010 AND JCC 13.040.010
13.02.010"A" definitions.
Accessory dwelling unit"or"ADU"has the same meaning as in JCC 18. 10.010.
Adequate OSS" means an existing on-site sewage system ("OSS")that is not failing, as defined
in JCC 13.02.060.2'3
2 Comment: Failing is defined in JCC 13.02.060 as:
Failing"of an on-site sewage system means that in the opinion of the county department of public health,
an on-site sewage system("OSS")threatens the public health or environment by inadequately treating sewage
or by creating a potential for direct or indirect human contact between sewage,as specified by Chapter 8.15
JCC and Chapter 246-272A WAC.Examples of a failing on-site sewage system include,but are not limited
to:
1)Sewage on the surface of the ground;
2)Sewage backing up into a structure caused by slow soil absorption of an on-site sewage system discharge;
3)Sewage leaking from an on-site sewage tank or collection system;
4)Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists;
5)Inadequately treated effluent contaminating groundwater or surface water;or
6)Noncompliance with standards required on an on-site sewage system permit.
WAC 246-272A-0010).
JCC 13.02.060.
3 Comment:
JCC 8.15.050 has a similar definition.And,WAC 246-272A-0025(1)states:
Upon the failure of an existing OSS within the service area of a sewer utility,the local health officer shall:
a) Permit the repair or replacement of the OSS only if a conforming OSS can be designed and installed,
excluding OSS designed in compliance with or proposing to use Table X in WAC 246-272A-0280;or
b)Require connection to a public sewer system if the sewer utility allows the connection and has adequate
public sewer services available within 200 feet from where the existing building drain connects to the existing
building sewer, or where no building drain exists, within 200 feet from where the sewer line begins, as
measured along the usual or most feasible route of access.
WAC 246-272A-0025(1)(Emphasis added.)
6
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Aggrieved person"means a person who received an adverse decision by the director on decisions
listed in JCC 13.07.060.
Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
Assessment"means a fee to be paid by the property owner for the cost of private construction of
PHUGA sewer system improvements for property within an assessment reimbursement area.
Assessment reimbursement area"means that area within the Port Hadlock UGA, which includes
all parcels or real property likely to require connection to or service by PHUGA sewer system
improvements constructed by a developer and the county.
Available"and"availability"means that the PHUGA sewer system is located within 200 feet of
an existing sewer collection line via public rights-of-way, utility easements or some other route at
the discretion of the director.4
13.04.010 Connection-when required or permitted.
1) Under JCC 18.18.060(4),5 this title describes when sewers will be considered to be
available" for the purposes of turning off the transitional rural zoning in chapter 18. 19 JCC for
the PHUGA.6 When sewers are "available," urban growth area standards in chapter 18.18 JCC
apply.JCC 13.02.010 defines"available"and"availability."'
2) This section describes areas within the Port Hadlock UGA where the PHUGA sewer
system is available, as defined in JCC 13.02.010, where individual properties within those areas
are required or permitted to connect to the PHUGA sewer system. All individual properties where
the PHUGA sewer system is available are permitted to connect to the PHUGA sewer system,
provided they pay the required fees.
3) Table 4-1 determines when properties within the PHUGA are required to connect to the
PHUGA sewer system.8
4 Comment: The measurement should be as determined by the director. Standards in the definition will make the
ordinance less likely to be challenged.
5 Comment: This section was added to describe the relationship between the new definition of"available and
availability"JCC 13.02.020.JCC 13.04.010, and JCC 18.18.060(4). It is intended to be way of making a clearer,
more straightforward connection.
6 Comment: "Sewers will be considered to be available for the purposes of turning off the transitional rural zoning
in Chapter 18.19 JCC for the Irondale and Port Hadlock urban growth area as described in title 13 JCC." Ordinance
No.09-1209- 24 at 137.
Comment: This section added to describe the relationship between the new definition of"available and
availability"JCC 13.02.020,JCC 13.04.010,and JCC 18. 18.060(4). It is intended to be way of making a clearer,
more straightforward connection.
Comment: This sentence is a remnant. After Ordinance No.09-1209-24 was adopted,the sentence was no longer
necessary.Now,the sentence is a source of potential confusion.
7
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Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use Adequate"(a)9 On- Sewer System Connection
Site Sewage Available"(b)? Required?
System?
Sewer Not"Available"(b)
Existing structure Yes or No No No
Major modification of existing structure No No Now
New structure N/A No Now
Sewer"Available"(b)
Existing single-family residence or
No Yes Yes
duplex
Existing single-family residence or
Yes Yes No
duplex
Major modification of a single-family
residence or duplex
No Yes Yes
Modification of a single-family residence
Yes Yes Noorduplex
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit(ADU) N/A Yes Yee
Garage or addition to structure without
Yes Yes No
plumbing
Existing multifamily dwelling Yes or No Yes Yes
Major modification to a multifamily No Yes Yes
dwelling
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average water Yes Yes No
use
Existing non-residential structure with
less than 1 ERU per month average water No Yes Yes
use
Existing non-residential structure with
equal to or greater than 1 ERU per month Yes or No Yes Yes
average water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential
structure
No Yes Yes
Notes:
a) "Adequate OSS" is defined in JCC 13.02.010.10 11
9 Comment: Notes changed from numbers to letters to avoid confusion with section numbers.
1°Comment: The new definition in JCC 13.02.010 says,"`Adequate OSS'means an existing on-site sewage system
OSS')that is not failing,as defined in JCC 13.02.060."
Comment: This was moved to a definition for clarity. The definition relies on the already existing definition of
failing"in JCC 13.02.060.
8
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Table 4-1
Properties within Port Hadlock UGA where Sewer Connection Required
Use Adequate"(a)9 On- Sewer System Connection
Site Sewage Available"(b)? Required?
System?
12
b) "Available" is defined in JCC 13.02.010. See subsection(1)and JCC 18.18.060(4)for the
relationship between sewer availability and the urban growth area standards in chapter 18.18 JCC..
c) Subject to No Protest Agreement per JCC 18.19.120(3)or other binding agreement requiring
connection to sewer when"available,"as defined in JCC 13.02.010.13
d) See subsection(5) for requirements for connecting a new detached ADU to the PHUGA sewer
system.14
4) If there is any question whether the on-site sewage system is an "Adequate OSS," the
director shall consult with Jefferson County Environmental Health Department. See JCC
18.19.120 and chapter 8.15 JCC.
5) When connecting a new detached ADU to the PHUGA sewer system,15 all other structures
with plumbing on the same property are required to connect to the PHUGA sewer system at the
same time.
There are no changes to other sections of the Jefferson County Code.
12 Comment: This note was moved to a subsection because it is a substantive rule,not just a note and there is no
other substantive rule like it in title 13 JCC.
13 Comment: This changes makes the language consistent with JCC 18. 18.060(4)made in Ordinance No.09-1209-
24.
14 Comment: This note was moved to a subsection because it is a substantive rule,not just a note and there is no
other substantive rule like it in title 13 JCC.
IS Comment:"PHUGA sewer system"is the defined term in JCC 13.02.160.
9
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ATTACHMENT C
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Adopting Amendments to
Chapter 18.40 of the,Jefferson County ORDINANCE NO. 11-1216-24
Code Regarding Permit Application and
Review Procedures/SEPA Implementation;
to Facilitate a More Streamlined Review
Process for All Project Applications;
Adopting Findings of Facts; and Setting an
Effective Date
WHEREAS,Jefferson County adopted Joint Resolution No. 17-19 establishing a
program of regulatory reform directing County departments to accomplish reform goals such
as streamlining and simplifying the Jefferson County Code("JCC");
WHEREAS,Goal 7 of the Growth Management Act(RCW 36.70A.020) provides
that local government permit applications should be processed in a timely and fair manner to
ensure predictability;
WHEREAS,RCW 36.70B, Local Project Review, provides the state rules governing
permit procedures and has been updated by state legislation, including 2SSB 5290 in 2023;
WHEREAS,2SSB 5290 is intended to modernize and streamline local project review
and permitting procedure;
WHEREAS,the County's Unified Development Code(UDC) was originally adopted
on December 18, 2000, and was amended and incorporated into the Jefferson County Code in
2006. The permit procedures have not been comprehensively revised since 2006;
WHEREAS,County permit procedures should be written in plain language, well-
organized, and easy to use, and ensure an appropriate amount of public comment opportunity
is provided for an application based on the complexity and amount of discretion in the type of
application;
WHEREAS,JCC Chapter 18.40, Table 8-1, addresses the procedure of Type V .
action, ordinances or regulations that address procedural issues related to land use planning
are not subject to review and recommendation by the planning commission;
WHEREAS,the proposed code amendments are to the application review procedures
and regulations and contain no substantive changes respecting to the environment, land use or
the procedures of the State Environmental Policy Act(SEPA); and therefore, are exempt from
SEPA pursuant to WAC 197-11-800(19);
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WHEREAS,on November 15, 2024, a notice of intent to adopt and request for
expedited review were submitted to the Washington State Department of Commerce pursuant
to RCW 36.70A.106;
WHEREAS,the Jefferson County Board of County Commissioners conducted a
hearing on December 16, 2024 to review the proposed code amendments and receive public
testimony;
WHEREAS,adoption of these amendments is a non-project action designed to
improve and update existing code provisions, would streamline the permitting process, and is
consistent with the Jefferson County Comprehensive Plan;
WHEREAS,the BoCC has considered the proposed amendments to the Jefferson
County Code and finds them to be consistent with state law, it is deemed to be in the public
interest to adopt the proposed revisions, as set forth in Attachment A; and
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Jefferson County, Washington as follows:
Section 1. Findings of Fact. The BoCC adopts the recitals above(WHEREAS clauses)as
their own findings of fact for this ordinance.
Section 2. Purpose. The purpose of this ordinance is to comply with RCW 36.70B, Local
Project Review. The objective of the proposal is to improve the efficiency of the permitting
process and improve code clarity.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any portion of this ordinance shall not affect the validity of'the remainder of
the ordinance.
Section 4. This Ordinance is categorically exempt from the State Environmental Policy Act
under WAC 197-11-800(19).
Section 5 Effective Date: This ordinance shall take effect January 1,2025.
SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this 16th day of December,2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
ate Dean, hair
04,
oµh41., ° = V w
s i Heidi our, Member
Z .
xi: iz
ATTEST:o.s
g therton, Member
t ySHING+„a
APPROVED AS TO FORM:
Carolyn allaway,CMC Date Philip ('. Huns c Date/z//w21{
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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Attachment A
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Ordinance Attachment A-Jefferson County Code Page 1/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Sections:
Article I. Types of Project Permits
18.40.010 Purpose.
18.40. 020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40. 040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40. 060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications
Type I — IV)
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Determination of complete application —Additional information and project
revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice — Generally.
18.40.160 Notice of application —When required.
18.40.170 Notice of application —Time of issuance.
18.40.180 Notice of application — SEPA exempt projects.
18.40.190 Notice of application — Contents.
18.40.200 Notice of application — SEPA integration.
18.40.210 Notice of application — Mailing, publication, and posting requirements.
18.40.220 Notice of application — Public comment.
18.40.230 Notice of public hearing.
18.40. 240 Additional public notice requirements —Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
18.40. 270 Administrative approval subject to notice (Type II).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II
decisions).
18.40.290 Board of county commissioners action (Type IV decisions).
18.40. 300 Final decision.
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Ordinance Attachment A-Jefferson County Code Page 2/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.310 Expiration of applications.
18.40.320 Vesting of applications.
18.40.325 Suspension, revocation, or modification of permits.
Article V. Appeals
18.40.330 Administrative appeals.
18.40.340 Judicial appeals.
Article VI. Unified Development
Code Interpretation
18.40.350 Purpose.
18.40.360 Submission requirements.
18.40.370 Administrator's decision.
18.40.380 Time limitation and enforcement.
18.40.390 Appeals of administrator's interpretations.
18.40.400 Judicial appeal.
Article VII. Site Development Review Process
18.40.420 Purpose.
18.40.430 Applicability.
18.40.440 Application requirements.
18.40.450 Application review.
18.40.460 Approval criteria.
18.40.470 Limitations on approval.
18.40.480 Modifications to an approved site plan.
Article VIII. Conditional Uses
18.40.490 Purpose.
18.40.500 Scope.
18.40.510 Application submittal and contents.
18.40.520 Conditional use permit types— Review processes.
18.40.530 Approval criteria for all conditional uses.
18.40.540 Additional conditions.
18.40.550 Use of property before final decision.
18.40.560 Effective period — Expiration.
18.40. 570 Modification of a conditional use permit.
18.40.580 Conditional use permit to run with the land.
18.40.590 Permit suspension or revocation.
18.40.600 Assurance device.
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
18.40.620 Scope.
18.40.630 Application submittal and contents.
18.40. 640 Variance types — Review processes.
18.40.650 Approval criteria.
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Ordinance Attachment A-Jefferson County Code Page 3/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.660 Additional conditions.
18.40.670 Limitation on authority.
18.40.680 Effective period — Expiration.
18.40.690 Assurance device.
Article X. State Environmental Policy Act
SEPA) Implementation
18.40.700 Authority.
18.40.705 Adoption by Reference
18.40.710 Purpose.
18.40. 720 Responsible official — Decision-making authority.
18.40.730 Lead agency determination and responsibilities.
18.40. 740 Initiation of SEPA review— Limitations on actions during review.
18.40.750 Categorically exempt actions — Use of existing documents and analyses.
18.40.760 Analysis of nonexempt project and nonproject actions.
18.40.770 Substantive authority.
18.40.780 Public notice and comment.
18.40.790 Public hearings and meetings.
18.40.800 Critical areas.
18.40.810 Appeals.
Article XI. Development Agreements
18.40.820 Purpose.
18.40.830 General requirements.
18.40.840 Development standards to be addressed.
18.40.850 Procedures.
18.40. 860 Effect.
Article I. Types of Project Permits
18.40.010 Purpose.
Articles I through VI of this Unified Development Codechapter are a mechanism for
implementing the provisions of Chaptcrchapter 36.70E RCW (the Local Project Review Act)
regarding compliance, conformity, and consistency of proposed projects with the Jefferson
County Comprehensive Plan and development regulations.
1) Given the extensive investment that public agencies and a broad spectrum of the public
have made and wroi4sha11 continue to make in Jefferson County's Comprehensive Plan and
development regulations, it is essential that project review start from the fundamental land use
planning choices made in the Comprehensive Plan and regulations. If the Comprehensive Plan
or regulations identify the type of land use, specify density and identify and provide for the
provision of public facilities needed to review the proposed development and site, these
decisions, at a minimum, provide the foundation for further project review unless there is a
question of code interpretation. The project review process, including the environmental review
process under Chapterchapter 43.21C RCW and the consideration of consistency, should start
from this point and should not reanalyze these land use planning decisions in making a permit
decision, unless the county finds that the Comprehensive Plan and regulations do not fully
foresee site-specific issues and impacts identified through land use project application review.
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Ordinance Attachment A-Jefferson County Code Page 4/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
2) Comprehensive plans and development regulations adopted by the county under
Chaptcrchapter 36.70A RCW (the Growth Management Act), sub-area plans, and environmental
policies, laws and rules adopted by the county, the state, and the federal government address a
wide range of environmental subjects and impacts. These provisions typically require
environmental studies and contain specific standards to address various impacts associated with
a proposed development (e.g., building size and location, drainage, transportation
requirements, and protection of environmentally sensitive areas). When the county applies
these existing requirements to a proposed project, some or all of a project's potential
environmental impacts may be avoided or otherwise mitigated. Through the integrated project
review process described in Articles I through V of this chapter, the administrator wlllshall
determine whether existing requirements, including the applicable regulations or plans,
adequately analyze and address a project's environmental impacts. Project review generally
should not require additional studies and mitigation under Chaptcrchapter 43.21C RCW where
existing regulations adequately address a proposed project's probable significant adverse
environmental impacts. Development regulations enable project review through the application
of established scientific standards, required studies and standard mitigation measures. [Ord. 8-
06 § 1]
18.40.020 Procedures for processing project development permit applications.
For the purpose of project permit processing under this code, all development permit
applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV.
Legislative decisions are classified as Type V actions and are addressed in Chaptcrchapter 18.45
JCC. Exemptions from the requirements of project permit application processing are set forth in
JCC 18.40.080. [Ord. 8-06 § 1]
18.40.030 Determination of proper type of procedure.
1) Determination by the Administrator. The administrator shall determine the proper procedure
for all development applications. If there is a question as to the appropriate type of procedure,
the administrator shall resolve it in favor of the higher numbered procedure type, except as
specifically authorized for discretionary conditional use permits under JCC 18.40.520(2).
2) Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required for
any part of the application or processed individually under each of the procedures identified by
this code. The applicant may determine whether the application shall be processed collectively
or individually. If the application is processed under the individual procedure option, the highest
numbered type procedure must be processed prior to the subsequent lower numbered
procedure.
3) Decision-maker(s). The board of county commissioners is the highest decision-maker,
followed by the hearing examiner and the administrator. Joint public hearings with other
agencies shall be processed in accordance with JCC 18.40.050.
4) Administrator. Upon issuance of a determination of completeness as described in JCC
18.40.110, the administrator shall assign a project planner to the project who will coordinate
and be responsible for all phases of development application administration.
5) SEPA Review. Project review conducted pursuant to the State Environmental Policy Act
SEPA), Chaptcrchapter 43.21C RCW, shall occur concurrently with project review. The SEPA
review process, including all public comment procedures, is set forth in Article X of this chapter.
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Ordinance Attachment A-Jefferson County Code Page 5/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Nothing contained in Articles I through V of this chapter shall be construed as restricting the
need for full environmental review in accordance with Articles VI-C through VI-K of
Chaptcrchapter 18.15 JCC, and Article X of this chapter. [Ord. 8-06 § 1]
18.40.040 Project permit application framework.
Table 8-1. Permits— Decisions'
Type 1112 Type II Type III Type IV Type V
S Classification of Variances under Final plats Special use
unnamed and JCC 18.22.250 under permits, such as
discretionary uses Chapterchapter for siting
under Article II of 18.35 JCC essential public
Chaptcrchapter 18.15 facilities under
JCC JCC 18.15.110
Allowed uses Release of six-year PRRDs under Final PRRDs Jefferson County
not requiring FPA moratorium for Article VI-M of under Article Comprehensive
notice of an individual single- Chaptcrchapter VI-M of Plan amendments
application family residence 18.15 JCC and Chaptcrchapter under
e.g., "Yes" under JCC 18.20.160 major amendments 18.15 JCC Chaptcrchapter
uses listed in to PRRDs under 18.45 JCC
Table 3-1 in JCC 18. 15.545(3)
JCC 18.15.040-
permits, etc.)
Minor Cottage industries Shoreline Amendments to_
amendments under JCC 18.20.170 substantial title 18 JCC or
to planned Temporary housing development other sections
rural facilities under JCC peShoreline that qualify as
residential 18.20.385 conditional use development
developments permits, and regulations
PRRDs) under variance permits
JCC 18.15.545 under the Jefferson
County shoreline
master program
SMP)
Home Short subdivisions Plat a"cr3tion3 and Amendments to
businesses under Article III of aca the Jefferson
approved Chaptcrchapter 18.35 JCC 18.35.030(3) County SMP
under JCC JCC
18.20.200
Temporary Binding site plans Long subdivisions Subarea and
outdoor use under Article V of under Article IV of utility plans and
permits under Chaptcrchapter 18.35 Chaptcrchapter amendments
JCC 18.20.380 JCC creating four or 18.35 JCC thereto
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Ordinance Attachment A-Jefferson County Code Page 6/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type VI Type II Type III Type IV Type V
fewer lots or leased Binding site plans
areas. creating 5 or more
Plat alterations and lots or leased
vacations under
areas.
Article VII of chapter
18.35 JCC
Stormwater Administrative Discretionary Development
management conditional use conditional use agreements and
permits under permits under JCC permits under JCC amendments
JCC 18.30.070 18.40.520(1) and 18.40.520(2) [i.e., thereto under
listed in Table 3-1 in listed in Table 3-1 Article XI of this
JCC 18.15.040 as in JCC 18.15.040 as chapter
C(a)" C(d)"] where
required by
administrator
Road access Discretionary Conditional use Master plans for
permits under conditional use permits under JCC master planned
JCC 18.30.080 permits under JCC 18.40.520(3) [i.e., resorts
Tree Premoval 18.40. 520(2) listed in uses listed in Table
Ppermit Table 3-1 in JCC 3-1 in JCC
18.15.040 as"C(d)" 18.15.040 as"Cl
unless Type III
process required by
administrator
Sign permits Minor variances under Major variances - Amend-ments-te-
under JCC JCC 18.40.640(2)under JCC the Unified
18.30.150 18.40.640(3)
Boundary line Shoreline substantial Wireless Cede
adjustments development permits, telecommunications
under Article II Administrative permits under JCC
of conditional use 18.20.130 and
6hapterchapter permits, under Chapterchapter
18.35 JCC Jefferson County SMP, 18.42 JCC
JCC 18.25.620(3)
listed in JCC
18. 25.220, Table
18.25.220 as"C(a)"
Discretionary
conditional use
permits under
Jefferson County SMP,
JCC 18.25.620(4)
listed in JCC
18.25.220, Table
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Ordinance Attachment A-Jefferson County Code Page 7/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type PI2 Type II Type III Type IV Type V
18.25.220 as "C(d),"
unless Type III
process required by
administrator
Minor Wireless Major industrial
adjustments to telecommunications development
approved permits under JCC conditional use
preliminary 18.20.130 and approval under
short plats Chaptcrchapter 18.42 Article VIII of
under JCC JCC Chaptcrchapter
18.35.150 18.15 JCC
Minor Small-scale recreation Forest practices
amendments and tourist (SRT) uses release of a
to approved in SRT overlay district moratorium under
preliminary under JCC 18.15.572.
Chaptcrchapter
long plats Plat alterations under
18.20 JCC
under JCC JCC 18.35.670
18.35.340
Site
development
review under
Article VII of
this chapter
Exemptions
under the
Jefferson
County SMP
Revisions to Unit lot subdivisions Unit lot
permits issued creating four or fewer subdivisions
under the lots under Article IX of creating five or
Jefferson chapter 18.35 JCC more lots under
County SMP Article IX of
chapter 18.35 JCC—
Beundafy-Fifre- Residential
agreements development
under Article exception pursuant to
VIII of Chaptcr JCC 18.12.080
18.35 JCC Innocent purchasers
Hospitality for value
permit determinations
pursuant to JCC
18.12.100
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Ordinance Attachment A-Jefferson County Code Page 8/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type I1I2 Type II Type III Type IV Type V
If the process within Table 8-1 conflicts with process specified in other applicable sections in
title 18 JCC, the administrator shall exercise discretion to determine the final process
framework.
If not categorically exempt persaaftt-tefrom SEPA review, Type I projects shall be subject to
the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the
SEPA integration section).
Table 8-2. Action Types— Process
Project Permit Application Procedures (Types I—
IV)
Legislative
Type I Type II Type III Type IV Type V
Recommendation Project Project Project N/A Planning
made by: planner planner planner commission'
Final decision Administrator Administrator Hearing Board of Board of county
made by: examiner county commissioners
commissioners
Notice of No Yes Yes No N/A
application:
Open record No Only if Yes, before No Yes, before
public hearing:administrator's hearing planning
decision is examiner,commission to
appealed,prior to make
open record permit recommendation
hearing before decision by to board of
hearing the hearing county
examiner examiner commissioners'
Closed record No No No N/A Yes, or board of
appeal/final county
decision: commissioners
could hold its
own hearing
Judicial appeal: Yes Yes Yes Yes Yes'
Type V land use actions are subject to review and recommendation by the
planning commission, except for utility plans, ordinances or regulations that
address procedural issues related to land use planning, interim or
emergency ordinances, moratorium ordinances, development agreements
and amendment thereto, or remand actions from state administrative
boards or courts of law.
Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington
Growth Management Hearings Board (WWGMHB) is authorized to hear and
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Project Permit Application Procedures (Types I—
LegislativeIV)
Type I Type II Type III Type IV Type V
determine petitions alleging that the county is not in compliance with the
requirements of Chaptcrchapter 36.70A RCW, Chaptcrchapter 90. 58 RCW as
it relates to the adoption of the Shoreline Master Program, or
Chaptcrchapter 43.21C RCW as it relates to plans, development regulations,
or amendments, adopted under RCW 36.70A.040 or Chaptcrchapter 90.58
RCW. Direct judicial review may also be obtained pursuant to RCW
36.70A.295.-
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice
requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA
integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not
categorically exempt under SEPA, then, administrative with notice.
Type II:Administrative with notice. Final decision by administrator unless appealed. If
appealed, open record hearing and final decision by hearing examiner.
Type III: Notice and open record public hearing before the hearing examiner. Final
decision by hearing examiner. Appeal to superior court.
Type IV:Closed record decision by board of commissioners during a regular public
meeting. Type IV decisions are purely ministerial in nature (see Article IV of
Chaptcrchapter 18.35 JCC).
Type V: Notice and public hearing before planning commission, with planning
commission recommendation to board of county commissioners, except for
utility plans, ordinances or regulations that address procedural issues related to
land use planning, interim or emergency ordinances, moratorium ordinances,
development agreements and amendment thereto, or remand actions from state
administrative boards or courts of law. Notice and public hearing before board of
county commissioners with final legislative action by the board of county
commissioners (see Chaptcrchapter 18.45 JCC).
Ord. 9-22 § 5 (Appx. D); Ord. 5-22 § 3 (Appx. A(7)); Ord. 9-20 § 2 (Appx.
B); Ord. 12-19 § 4 (Appx. C); Ord. 4-19 § 1 (Exh._A); Ord. 14-18 § 4 (Exh.
B); Ord. 8-06 § 1]
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18.40.050 Joint public hearings (other public agency hearings).
1) Administrator's Decision to Hold Joint Public Hearings. The administrator may combine any
public hearing on a project permit application with any hearing that may be held by another
local, state, regional, federal, or other agency on the proposed action, as long as the hearing is
held within the county and the requirements of subsection (3) of this section are met.
2) Applicant's Request for a Joint Hearing. The applicant may request that the public hearing
on a permit application be combined as long as the joint hearing canmay be held within the
time periods set forth in this chapter. In the alternative, the applicant may agree to a particular
schedule if additional time is needed in order to complete the hearings.
3) Prerequisites to a Joint Hearing. A joint public hearing may be held with another local, state,
regional, federal or other agency and the county, as long as:
a) The other agency is not expressly prohibited by statute from doing so;
b) Sufficient notice of the hearing is given to meet each of the agencies'adopted notice
requirements as set forth in statute, ordinance or rule; and
c) The agency has received the necessary information about the proposed project from the
applicant in enough time to hold its hearing at the same time as the local government
hearing. [Ord. 8-06 § 1]
18.40.060 Legislative enactments.
1) Decision. The following decisions are legislative, and are not subject to the procedures in
this chapter, unless otherwise specified:
a) Unified Development Code text, and land use district amendments (i.e., Land Use Map
amendments);
b) Area-wide rezones to implement county policies contained within the Jefferson County
Comprehensive Plan and amendments thereto;
c) Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
d) Shoreline master program adoption and amendments; and
e) All other master land use, subarea, functional and/or utility plans and amendments
thereto.
2) Procedures. Except as otherwise provided in this chapter, the procedures for the legislative
decisions specified in this chapter are set forth in Chapterchapter 18.45 JCC. [Ord. 8-06 § 1]
18.40.070 Legislative enactments not restricted.
Nothing in this chapter shall limit the authority of the county to make changes to the Jefferson
County Comprehensive Plan as part of an annual revision process, this Unified Development
Code or any of the county's other development regulations, or to undertake any other
legislative actions. [Ord. 8-06 § 1]
18.40.080 Exemptions from project permit processing.
1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development
Code has been designated as a Type I II, III or IV permit, the procedures set forth in Articles I
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through IV of this chapter shall be followed in project permit processing. The following permits
or approvals are specifically excluded from the procedures set forth in this chapter:
a) Landmark designations;
b) County road vacations; aft
c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned
actions in the Jefferson County Comprehensive Plan or any amendments thereto. Planned
actions are those public or private projects specifically identified by county ordinance or
resolution adopted after environmental review conducted in conjunction with the adoption
or annual amendment of the Comprehensive Plan;_ and
d) Site Development Review.
2) Exemptions. If categorically exempt under SEPA, Chapterchapter 43.21C RCW, Type I
permits shall not be subject to the following provisions contained in this chapter':
a)The notice of application requirements of JCC 18.40.150 through 18.40. 220;
b) Except as provided in RCW 36.706.140, optional consolidated project permit review
processing under JCC 18.40.030(2);
c) Joint public hearings under JCC 18.40.050; and
d) A single report stating that all decisions and recommendations made as of the date of
the report on all project permits included in the consolidated permit process that do not
require an open record hearing and any recommendations on project permits that do not
require an open record hearing, as further set forth in RCW 36.706.060(5).
3) Noticc of Decision. Unless thc applicant waives the time deadlines in writing,all Type I
permits should be proccs.,ed within 120 calendar days after the applicant files a complete
application, subject to JCC 18.10.110. [Ord. 12 19 § 1 (Appx. C); Ord. 11 18 § 1 (Exh. B); Ord.
8 06 § 1}
Article II. Project Permit Applications (Type I —IV)
18.40.090 Optional Pfe pl+eation preapplication conference.
1) Purpose. Preapplication conferences provide a prospective applicant and the county the
opportunity to determine if and how the regulations (e.g., environmentally sensitivecritical areas
and SEPA) may apply, an opportunity to acquaint the applicant with the requirements of the
Jefferson County Unified Development Code, and to discuss, if applicable, how the applicant
may modify the scope and design of the project to reduce or avoid restrictions which may be
imposed by the county.
2) When Required. Preapplication conferences are optional. However, preapplication-
conferences are encouraged required for all Type II, Type III, Type IV and Type V project
applications and Type I project applications proposing impervious surfaces of 10,000 square
feet or more and/or non-single-family structures of 5,000 square feet or more. Additionally,
preapplication conferences are required encouraged for industrial, commercial, and critical area
stewardship plan applications. The administrator may exercise discretion not to require a
preapplication conference if the administrator determines that thc conference information is
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3) Scheduling and Conceptual Design Review. The conference shouldall be held within 4-521
calendar days of the request and payment of the fee set forth in the Jefferson-Cep-most
recently adopted DCD fee schedule ordinance. The preapplication conference for a new
personal wireless facility shall be scheduled at such time the applicant demonstrates that the
required notice in JCC 18.42.070(2) was mailed to all other wireless providers licensed to
provide services within Jefferson County. Upon payment of the fee, the applicant shall submit to
DCD a preliminary sketch or conceptual design that illustrates the applicant's generalized ideas
of the proposal. This should include approximate lot lines, general topography of the site,
suggested vehicle access to the site, and provision of utilities. Final drawings are discouraged at
this preapplication stage. Additionally, the applicant shall identify all land uses on adjacent
properties and all platted and opened roads serving the site.
4) Information Provided to Applicant. At the conference, the administrator shall provide the
applicant with:
a) A list of the requirements for a completed application;
b) A general summary of the procedures to be used to process the application;
c) The references to the relevant code provisions or development standards that may
apply to the approval of the application; and
d) A list of any applicable hourly review fees that may be charged by one or more county
agencies upon the filing of a project permit application with the county.
5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all
potential issues. The discussions at the conference or the information provided by the
administrator shall not bind or prohibit the county's future application or enforcement of all
applicable laws and regulations. No statements or assurances made by county representatives
shall in any way relieve the applicant of his or her duty to submit an application consistent with
all relevant requirements of county, state and federal codes, laws, regulations and land use
plans. [Ord. 14-18 § 4 (Exh. B); Ord. 3-13 § 1]
18.40.100 Development permit application.
1) Information Required for All Applications. Applications for project permit decisions shall be
submitted upon forms provided by the administrator. A project permit application is complete
when it meets the submission requirements of this section. An application shall consist of all
materials required by the relevant section of this code or other applicable county ordinance or
regulation, and shall also include the following general information:
a) A completed Site Development Review (SDR) under article VII of chapter 18.40 JCC.
fb) A completed project permit application form, including a SEPA checklist unless
categorically exempt from SEPA;
c) A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the application
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with the written consent of all owners of the affected property, and proof of ownership of
the property;
ed) Identification of a single contact person or entity to receive determinations and notices
required by this code;
de) A legal description of the site, including the Jefferson County assessor's parcel number;
fe) Payment of the applicable fee as set forth in the Jcf#erserrCounty most recently
adopted DCD fee schedule-drdinance;
fg) For each building-permit-development or proposed use necessitating potable water,
evidence of available and adequate water supply and, if applicable, compliance with the
requirements established by the Jefferson County department of health for the provision of
water; evidence may be in the form of a water right permit from the Department of
Ecology, or another form sufficient to verify the existence of an adequate water supply;
gh) Evidence of septic approval, a valid pending septic application, or sewer availability
and, if applicable, compliance with the requirements established by the Jefferson County
department of health for wastewater disposal;
identifying all c\asements, deeds, restrictions or other encumbrances restricting the use of
and no smaller than one inch equals 25 feet for a plot one acre or smaller; and
i) Site Plan requirements for Permits. The following shall be depicted either in required
narrative above and/or on the site plan detailing the following (as applicable unless waived
by the administrator):
i) Compass direction and graphic scale;
ii) Parcel boundaries and dimensions;
iii) Location of existing and proposed roads and access points;
iv) Driveways and parking areas;
v) Easement and rights-of-way located on the property within the proposed
developed/use area;
vi) The location of septic, wells, and water lines within the developed areas;
vii) The general description of the topography of the entire site (including slope
direction and 5 foot contours);
viii) The location of existing & proposed structures including setbacks;
ix) All proposed or existing uses;
x) The location of existing and proposed landscaping if required for
development/use;
xi) The areas to be graded and cleared (including source and volumes if over
500 cubic yards.);
xii) The location of significant geographic features (including slopes exceeding
40% slope) on the site and immediately adioininq properties;
xiii) Location and type of water bodies, drainage ways, or wetlands;
xiv) Location and type of Shorelines and Critical Areas;
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xv) Shoreline and Critical Area Buffers where trees/vegetation shall be retained,
and if applicable, associated special reports; and
xvi) Preliminary drainage plan including measures to address stormwater
management for development & land disturbing activity.
j) Identification of other local, state and federal permits required for the proposal, to the
extent known by the applicant.
k) All permit applications shall include the information specified in the chapter of the County
Code pertaining to the specific type of development permit being applied for. In addition to
this chapter, where applicable, with the following chapters in the Unified Development Code:
18.15 Land Use Districts
18. 18 Irondale and Port Hadlock
UGA development regulation
implementation
18.19 Transitional Rural
Development Standards of
the Irondale/Port Hadlock
Urban Growth Area
18.20 Performance and Use-
Specific Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
The Geuntycounty may require such additional information as reasonably necessary to fulfill
and properly evaluate the proposal.
I) At every stage of the permit application process, the burden of demonstrating that any
proposed development is consistent with this chapter and other applicable, adopted
regulations, is upon the applicant.
2) Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist Uses—
Additional Application Requirements. In addition to the general information required under
subsection (1) of this section, all building-permit development or proposed uses applicatietis
involving commercial, industrial, multifamily, and small-scale recreational and tourist uses listed
in Table 3-1 in JCC 18.15.040 shall include a site plan prepared by a civil engineer, architect or
landscape architect licensed in the state of Washington that includes or graphically depicts the
following information:
a) A site plan prepared by a licensed civil engineer, architect, or landscape architect unless
waived by the D€Dadministrator (i.e., for low-intensity small-scale recreation and tourist
uses);
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b) Engineered drainage plan;
c) Parking Plan (including ADA requirements);
d) Lighting Plan;
e) Landscaping Plan;
f) Signage Plan;
q) Fire Protection Requirements (water lines, hydrants, fire suppression systems, uses
within structure, etc);
h) Compliance with DCD land Use authorization requirements if not a "yes" use per Table
3-1. and
i) Other requirements required by DCD for the review of the proposal.
a) Compass direction and graphic scale;
b) Total gros., acreage;
c) All proposed or existing uses;
properties;
ewlier-shifY;
areas.
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3) Additional Application Requirements. In addition to the information required under
subsections (1) and (2) of this section, the administrator may require additional information or
studies in order for the application to be considered complete. Such information may include,
but is not necessarily limited to, the following:
a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be
developed in phases;
b) Enumeration of the number of persons that will reside in a dwelling(s);
c) Documentation of the date and method of segregation for the subject property verifying
that the lot or lots were not created in violation of the subdivision (i.e., either short or long)
laws in effect at the time of creation, or identifying whether the lots were created prior to
the advent of Chaptcrchapter 58.16 RCW in 1937 (now codified in Chaptcrchapter 58.17
RCW);
d) A recorded survey of the subject property in order to verify property boundaries and
setback measurementsi,
e) Special Reports pursuant to 3CC 18.22 Article IX or as required by the administrator.
4) Application Requirements in Other Applicable Regulations. Applications for the following land
use permits must satisfy JCC 18.40.100(1), (2) and, if required, (3), and the following
provisions of this Unified Development Code and applicable county ordinances and regulations:
a) Building permits under the Jefferson County building code, Chaptcrchapter 15.05 JCC,
or its successor ordinance;
b) On-site septic systems pursuant to Chaptcrchapter 8.15 JCC;
c) Critical areas variance under JCC 18.22.250,
d)_Reasonable economic use exception variance permits under JCC 18.224§.2260;
de) Planned rural residential developments (PRRDs) under Article VI-M of Chaptcrchapter
18.15 JCC;
ef) Cottage industries under 3CC 18.20.170;
fg) Home businesses under JCC 18.20.200;
gh) Temporary outdoor use permits under JCC 18.20.380;
hi) Stormwater management permits under JCC 18.30.070;
ij) Sign permits under JCC 18.30.150;
Ok) Boundary line adjustments under Article II of Chaptcrchapter 18.35 JCC;
i(l) Short plats under Article III of Chaptcrchapter 18.35 JCC;
Om) Long plats under Article IV of Cchapter 18.35 3CC;
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Fen) Binding site plans under Article V of Chapter-chapter 18.35 JCC;
eo) Written exemptions, shoreline substantial development permits for primary and
secondary uses, and shoreline conditional use and variance permits under the Jefferson
County Shoreline Master Program;
ep) Wireless telecommunications permits under JCC 18.20.130 and Chaptcrchapter 18.42
JCC; and
pp) Plat alterations under Article VII of Ch ipterchapter 18.35 JCC.
fr) Unit lot subdivisions under Article IX of chapter 18.35 JCC.
All application requirements identified in other code sections that supplement or supersede the
requirements of this chapter shall be met before an application is deemed complete.
5) Waivers. The administrator may waive any specific submittal requirements determined to be
unnecessary for review of any application. In such event, the administrator shall document the
waiver in the project file or project log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.110 Determination of complete application —Additional information and
project revision.
1) Determination of Completeness. Within 28 calendar days after receiving a project permit
application the administrator shall mail a determination to the applicant that states either that:
a) The application is complete; or
b) The application is incomplete and information necessary to make the application
complete.
2) Identification of Other Agencies With-with Jurisdiction. To the extent known by the county,
other agencies with jurisdiction over the project permit application shall be identified in the
county's determination of completeness.
3) Incomplete Application Procedure.
a) Application Fee. The applicant shall have 28 days from the invoice date to remit the
required fee to DCD. -If applicable fee is not received (*tbv the 29th day, the application
shall be considered abandoned.
fb) If the applicant receives a determination that the application is incomplete or that
additional information is required, the applicant shall have 90 calendar days to submit the
necessary information to the administrator. Within 14 calendar days after the applicant has
submitted the additional information, the administrator shall again make the determination
described in subsection (2) of this section.
46) Additional Information Request:
a) The applicant shall have 90 calendar days to submit the necessary information from the
date of written notification. If the applicant refuses to submit additional information, or does
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not request additional time to submit the required information within the 90-calendar-day
period, a second request shall be issued for an additional 60 calendar days.
b) DCD shall invite the applicant to a meeting in an attempt to resolve outstanding issues
during the review process. The meeting should be scheduled within 14 days of a second
additional information request. If the meeting cannot resolve the issues and DCD proceeds
with a third request for additional information or corrections, then DCD must approve or
deny the application upon receiving the additional information or corrections.
c) If an applicant is not responsive for more than 30 consecutive calendar days after the
third written request was sent, -the application wil#shall be considered abandoned and
therefore withdrawn and the applicant shall forfeit the application fee. For the purposes of
this subsection, "non-responsiveness" means that the applicant is not making demonstrable
progress on providing additional requested information to the county, or that there is no
ongoing communication from the applicant to the county on the applicant's ability or
willingness to provide the additional information.
d) DCD shall not be responsible for notifying the applicant of an impending expiration.
4) County's Failure to Provide a Determination of Completeness. A project permit application
shall be deemed complete under this section if the administrator does not provide a written
determination to the applicant that the application is incomplete as provided in subsection (1) of
this section. Notwithstanding a failure to provide a determination of completeness, the
administrator may request additional information as provided in subsection (6) of this section.
5) Date of Acceptance of Application. A project permit application is complete for purposes of
this section when it meets the submission requirements in 3CC 18.40.100, as well as any
additional submission requirements contained in other applicable provisions of this code. This
determination of completeness shall be made when the application is sufficient for continued
processing even though additional information may be required or project modifications may be
undertaken after submittal. When the project permit application is determined to be complete,
the administrator shall accept it and note the date of acceptance in the project file. Upon
providing a determination of completeness, the administrator shall assign the project to a
project planner.
6) Additional Information. The administrator's determination of completeness shall not
preclude the administrator from requiring additional information, that the applicant correct
plans or perform studies at any time if new information is required for project review, or if there
are substantial changes in the proposed action.
a) Any period during which the administrator has requested the applicant to correct plans,
perform required studies, or provide additional information shall be excluded from the 1-8-
dayrequired processing time period or other applicable time period set forth in JCC
18.40.300.
b) The time period for requiring additional information shall be calculated from the date
the administrator notifies the applicant of the need for additional information until the
earlier of:
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i)The date the administrator determines whether the information satisfies the request
for information; or
ii) Fourteen calendar days after the date the information has been provided to the
administrator.
7) Effect of Project Permit Application Revisions — Substantial Revisions. If, in the judgment of
the administrator, the content of an application is so substantially revised by an applicant,
either voluntarily or to conform to applicable standards and requirements, that such revised
proposal constitutes a substantially different proposal than that originally submitted, the
administrator shall deem the revised proposal to be a new application.
a) In reaching a decision whether a revision is substantial, the administrator shall consider
the relative (to the application in its initial form) and absolute magnitude of the revision,
the environmental sensitivity of the site, any changes in location of significant elements of
the project and their relation to public facilities, surrounding lands and land uses and the
stage of review of the proposal.
b) Lesser revisions that would not constitute substantial revisions during early stages of
review may be substantial during later stages due to the reduced time and opportunity
remaining for interested parties to review and comment upon such changes.
c) Written notice of such determination of substantial revision shall be provided to the
applicant and all parties of record, including the reasons for the administrator's decision.
d) A determination that any revision is substantial shall result in the time periods
mandated by this chapter starting from the date at which the revised project application is
determined to be complete. The revised project application shall be subject to all laws,
regulations and standards in effect on the date of the determination of completeness of the
substantial revision. [Ord. 11-23 § 8 (Att. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the administrator shall do the following:
1) Transmit a copy of the application, or appropriate parts of the application, to each affected
agency and county department for review and comment, including those agencies responsible
for determining compliance with state and federal requirements. The affected agencies and
county departments shall have 14 calendar days to comment, except that state agencies shall
have 28 days to comment on special reports per Article VI D, Environmentally Sensitive Arens
District (ESA), of Chaptcr 18.15 JCC ct al., including habitat management plans and wetland
mitigation plans.. Affected agencies and county departments are presumed not to have
comments if not submitted within the 14-calendar-day period, or 28 calendar day period, as
above; provided, that the administrator may grant an extension of time if needed. Additionally,
in the event that the state agency or agencies involved communicate verbally or in writing
intention to waive the opportunity to submit comments, the corresponding state agency
comment period shall terminate and be so noted in the case file.
2) Applications for developments and planned actions subject to the State Environmental Policy
Act (SEPA), Chapterchaoter 43.21C RCW, shall be reviewed in accordance with the policies and
procedures contained in Article X of this chapter. SEPA review shall be conducted concurrently
with development project review. The following are exempt from concurrent review:
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a) Projects categorically exempt from SEPA; and
b) Components of planned actions previously reviewed and approved in the Jefferson
County Comprehensive Plan or amendments thereto to the extent permitted by law and
consistent with the SEPA determination for the planned action.
3) If a Type II or III procedure is required, DCD shall provide for notice and/or hearing as set
forth in Article III of this chapter. [Ord. 8-06 § 1]
18.40.130 Scope of project review.
1) Fundamental land use planning choices made in the Jefferson County Comprehensive Plan,
subarea plans, this Unified Development Code and any other applicable development
regulations shall serve as the foundation for project review. The review of a proposed project's
consistency with this Unified Development Code under JCC 18.40.140, other applicable
development regulations, or in the absence of applicable regulations, the adopted Jefferson
County Comprehensive Plan or subarea plan(s), shall incorporate the data collected under this
section.
2) During project review, the administrator or any subsequent reviewing body (e.g., the
hearing examiner) shall determine whether the items listed in this subsection are defined in this
Unified Development Code or any other applicable development regulations applicable to the
proposed project or, in the absence of applicable regulations, the adopted Jefferson County
Comprehensive Plan or subarea plan(s). At a minimum, such regulations or plans shall be
determinative of the:
a) Type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned rural residential developments and conditional uses, if the
criteria for their approval have been satisfied;
b) Density of residential development; and
c) Availability and adequacy of public facilities identified in the Jefferson County
Comprehensive Plan, if the plan provides funding of these facilities.
3) During project review, the administrator shall not re-examine alternatives to or hear appeals
on the items identified in subsection (2) of this section.
4) The administrator may determine that the requirements for environmental analysis and
mitigation measures in this Unified Development Code and other applicable regulations provide
adequate mitigation for some or all of the project's specific probable significant adverse
environmental impacts to which the requirements apply. In making this determination the
administrator shall:
a) Determine if the applicable regulations require measures that are sufficient to
adequately address site-specific, probable significant adverse environmental impacts
identified through project application review; and
b) Determine whether additional studies are required and/or whether the project permit
application should be conditioned with additional mitigation measures.
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5) Nothing in this section shall be construed as limiting the authority of the county to approve,
condition, or deny a project as provided in this Unified Development Code or any other
development regulations adopted under the authority of Chaptcrchapters 36.70A and/or 43.21C
RCW, including project review under Articles VI-D through VI-I of Chaptcrchapter 18.15 JCC,
and Article X of this chapter. [Ord. 8-06 § 1]
18.40.140 Project consistency.
1) A proposed project's consistency with this Unified Development Code or other development
regulations adopted under Chaptcrchapter 36.70A RCW or, in the absence of applicable
development regulations, the appropriate elements of the Jefferson County Comprehensive Plan
or subarea plan adopted under Chaptcrchapter 36.70A RCW shall be determined by
consideration of:
a) The type of land use;
b) The level of development such as units per acre or other measures of density;
c) Infrastructure, including public facilities and services needed to serve the development;
and
d) The character of the development.
2) In determining consistency, the determinations made pursuant to JCC 18.40.130 shall be
controlling.
3) For purposes of this section, the term "consistency"shall include all terms used in this
chapter and Chaptcrchapter 36.70A RCW to refer to performance in accordance with this
chapter and Chaptcrchapter 36.70A RCW, including, but not limited to, compliance, conformity,
and consistency.
4) Nothing in this section requires documentation, dictates procedures for considering
consistency, or limits the administrator from asking more specific or related questions with
respect to any of the four main categories listed in subsections (1)(a) through (1)(d) of this
section.
5) For purposes of assisting in determining consistency with the UDC for a particular project
permit, the administrator shall also utilize review of the site plan submittal required by JCC
18.40.100-(1)(hi) to ensure compliance with the requirements of Chaptcrchapters 18.20 and
18.30 JCC. [Ord. 8-06 § 1]
Article III. Public Notice Requirements
18.40.150 Public notice— Generally.
1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If
not SEPA exempt, Type I projects are subject to the notice of application and SEPA notice
requirements set forth in JCC 18.40.160 through 18.40.220 and Article X of this chapter.
2) Public notice of the notice of application and of the open record public hearing, if any, is
required for all Type II and Type III actions. Published notice is not required for closed record
public meetings before the county commissioners (i.e., Type IV approvals of final plats, long
Mats and PRRDs), because no new testimony or evidence is allowed at such meetings or
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hearings. Mailed notice of closed record public hearings shall be provided to all parties of
record.
3) Public notice is not required for other Type IV actions because no public hearing is held.
4) Public notice of Type V legislative actions must be published as described in Chaptcrchapter
18.45 JCC and as required by state law.
5) The applicant shall be responsible for all costs of public notice. [Ord. 12- 19 § 4 (Appx. C);
Ord. 8-06 § 1]
18.40.160 Notice of application —When required.
The administrator shall issue a notice of application on projects requiring SEPA review and all
Type II and Type III project permit applications. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.170 Notice of application —Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of issuing the
determination of completeness. If an open record public hearing is required for the requested
project permit(s), the notice of application shall be issued at least 15 calendar days prior to the
public hearing. [Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.180 Notice of application —SEPA exempt projects.
A notice of application shall not be required for project permits that are categorically exempt
under SEPA unless a public comment period or an open record hearing is required. A notice of
application shall be required for all Type II and Type III projects, regardless of whether such
projects are exempt from SEPA. [Ord. 11-23 § 8 (Att. A); Ord. 12-19 § 4 (Appx. C); Ord. 8-06 §
1]
18.40.190 Notice of application —Contents.
The notice of application shall include the following:
1) The name and address of the applicant or the applicant's representative;
2) The date of application, the date of the notice of completion for the application, and the
date of the notice of application;
3) The street address location of the project or, if unavailable, a description of the subject
property reasonably sufficient to inform the public of its location, which may include a vicinity
location (map), the location in reference to roadway intersections, or a written description (rural
route box or subdivision lot and block alone are not sufficient);
4) A description of the proposed project action, use or development and a list of project
permits included in the application and, if applicable, a list of any additional studies requested
under JCC 18.40.110(6);
5) The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
6) The identification of existing environmental documents that evaluate the proposed project,
and the location of where the application and any studies canmay be reviewed;
7) The name and phone number of the contact project planner;
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8) A statement of the limits of the public comment period, which shall be 14 calendar days
following the date of the notice of application (or 20 or 30 calendar days if the application
involves a permit under the Jefferson County Shoreline Master Program, as further set forth in
JCC 18.40.220);
9) Statements of the right of any person to comment on the application, become a party of
record, receive notice of and participate in any hearings, request a copy of the decision once
made, and any appeal rights;
10) A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed project's consistency with applicable development
regulations and of those development regulations that will be used for project mitigation, as
provided in RCW 36.70B.040 and JCC 18.40.140;
11) The SEPA responsible official shall ensure that SEPA requirements are addressed for all
permits issued. This may include a determination that a project is exempt from SEPA or -
issuance of a SEPA threshold determination. For Type I and II permits, the SEPA responsible
official has discretion to utilize the Determination of Non-Significance (DNS) process outlined in
WAC 197-11-340, or the Optional DNSSEPA process as outlined in WAC 197-11-355. All notices
shall specify if the DNS (WAC 197-11-340) or Optional DNS (WAC 197-11-355) process is being
utilized.
For Type III permits, DNS process pursuant to WAC 197-11-340 should be utilized and the final
SEPA threshold determination should be combined with the notice of public hearing. This
would allow the appeal of the SEPA to be consolidated with the underlying permit before the
Hearing Examiner.
Pursuant to WAC 197 11 355, if the Optional DNS process is being used. a statement on the
first page of the notice of application that:
a) The optional DNS process of WAC 197 11 355 is being used;
pf *
whether an E15 ed. nd
mitigated DNS is expectedAll notice shall specify if the DNS (WAC 197 11 310) or Optional DNS
WAC 197 11 355) process is being utilized;
12)The date, time, place and type of hearing, if applicable, and if scheduled prior to the date
of the notice of application;
13) A statement of when and where a copy of the application, all supporting documentation
and evidence relied upon by the applicant, and applicable development regulations may be
available for public inspection; and
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14) Any other information the administrator determines appropriate. [Ord. 12-19 § 4 (Appx.
C); Ord. 8-06 § 1]
18.40.200 Notice of application-SEPA integration.
If
the county has made a determination of significance under Chapterchapter 43.21C RCW
concurrently with the notice of application, the notice of application may be combined with the
threshold determination and the scoping notice for a draft environmental impact statement
DEIS). However, nothing in this chapter prevents a DS and scoping notice from being issued
prior to the notice of application. [Ord. 8-06 § 1]
18.40.210 Notice of application- Mailing, publication, and posting requirements.
1) Published Notice. For all Type III permit applications, tThe administrator shall publish notice
in the official county newspaper at least once. The administrator has the discretion to publish
Type II permits, when the proposal could impact the general public. Published notice shall
include the project's road or street address or location, project description, type(s) of permit(s)
required, comment period dates, and location where the complete application and notice of
application may be reviewed. DCD also shall allow the general public to review permits on-line
that are subject to public notice.
2) Posting. For all Type II and III Permits, Tthe applicant shall post a notice of application on
the property as follows:
a) A single notice board shall be placed at the midpoint of the site road frontage or as
otherwise directed by the county for maximum visibility, where it is completely visible to
vehicle traffic and pedestrians.
b) Additional notice boards may be required where the site does not abut a public road, for
a large site that abuts more than one public road, or the administrator determines that
additional notice boards are necessary to provide adequate public notice.
c) Notice boards shall be constructed and installed in accordance with any specifications
promulgated by the county.
d) Notice boards shall be maintained in good and legible condition by the applicant during
the notice period, be in place at least 15 calendar days prior to the date of the hearing, and
be removed within 15 calendar days after the end of the notice period.
e) The applicant prior to the hearing or final comment date shall submit an affidavit of
posting to the administrator. If the affidavit is not filed as required, any scheduled hearing
or date by which the public may comment on the application willshall be postponed in order
to allow compliance with this notice requirement.
3) Mailing.
a) For all Type II and III permits, Tthe administrator shall send a notice of application by
mail to the applicant, the owners of the subject property (if different from the applicant),
and to all owners of property within 300 feet of any portion of the exterior boundaries of
the subject property. The DCD shall be responsible for preparation of the list of adjacent
property owners; provided, that the administrator retains the authority to require the
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applicant to supply and certify the list of adjacent property owners in circumstances where
the information is not readily available to the county. DCD shall obtain addresses for mailed
notice shall from the county's geographic information system (GIS) or real property tax
records. The administrator shall make a notation in the file affirming mailing of notice to all
persons entitled to notice under this chapter. DCD eaftmay also send notices by email
instead of by mail when doing so is determined to be sufficient for reaching necessary
parties.
b) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first. Failure to
send notice by mail shall not invalidate such proceedings where the owner appears at the
hearing or receives actual notice. [Ord. 8-06 § 1]
18.40.220 Notice of application — Public comment.
1) Length of Comment Period. The comment period shall be not less than 14 calendar days,
nor more than 30 days from the date of the notice of application (RCW 36.706.110(2)( e)),
except as may otherwise be provided for: a 15-day comment period for an open record
predecision hearing pursuant to RCW 36.706.110(3), commenting on preliminary plat
applications (i.e., 20 days pursuant to RCW 58.17.095(2)), for commenting on scoping and
draft and final environmental impact statements pursuant to WAC 197-11-408 and 197-11-500
and Article X of this chapter, and for commenting on permits under the Jefferson County
Shoreline Master Program (SMP) (see subsection (2) of this section).
2) Comment Periods for Permits Under the Jefferson County Shoreline Master Program (SMP).
The content of notice under the SMP shall be identical to the notice set forth in JCC 18.40.190
except that:
a) The public may provide comments on a shoreline development permit application for 30
calendar days after the notice of application (notice for shoreline permits is longer than the
comment period for other Type II and III permits pursuant to RCW 90.58.140(4)); and
b) The public comment period shall be 20 calendar days for a shoreline permit for limited
utility extensions or for construction of a bulkhead or other measures to protect a single-
family residence and its appurtenant structures from shoreline erosion (see RCW
90.58.140(11)); and
c) A notice of application for a shoreline substantial development permit shall notify the
public of the 20-day or 30-day comment period.
3) Comments may be mailed, emailed, personally delivered or sent by facsimile. Comments
shall be as specific as possible.
4) The administrator willshall receive public comments during regular business hours any time
up to and during the open record hearing, if any, or if there is no predecision hearing, prior to
the decision on the project permit.
5) The county may not issue a decision or recommendation on the project permit(s) until the
expiration of the public comment period on the notice of application. [Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1]
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18.40.230 Notice of public hearing.
Notice of public hearing shall be provided not less than 10 calendar days prior to the hearing. If
the notice of application does not specify a hearing date, a separate notice of public hearing
shall be provided. For Type III projects, the DNS process pursuant to WAC 197-11-340 should
be utilized and the SEPA threshold determination should be combined with the notice of public
hearing. This would allow an appeal of the SEPA threshold determination to be consolidated
with the Type III Permit at the hearing before the Hearing Examiner. Notice under this section
shall be accomplished as follows:
1) Published Notice. The administrator shall publish a notice of public hearing in the official
county newspaper at least one time. This notice shall include (and republish if necessary) the
appropriate information from JCC 18.40.190.
2) Mailed Notice. The administrator shall send a notice of public hearing to all of the persons
entitled to notice, as described in JCC 18.40.210(3), including any person who submits written
or oral comments on the notice of application.
3) Posted Notice. Posted notice of the public hearing is required for all Type III project permit
applications, which shall be posted as set forth in JCC 18.40.210(2). In addition, notice of Type
III preliminary plat actions and proposed subdivisions must be given as set forth in JCC
18.40. 240. [Ord. 8-06 § 1]
18.40.240 Additional public notice requirements—Type III preliminary plat
actions.
In addition to the notice for Type III actions above, pursuant to Chaptcrchapter 58.17 RCW,
additional notice for preliminary plats and proposed subdivisions shall be provided as follows:
1) Notice of the filing of a preliminary plat application of a proposed subdivision located
adjacent to or within one mile of the municipal boundaries of a city or town utilities shall be
given to the appropriate city or town officials, pursuant to RCW 58.17.080 and 58.17.090.
2) Notice of the filing of a preliminary plat application for a proposed subdivision located
adjacent to the right-of-way of a state highway or within two miles of the boundary of a state
or municipal airport shall be given to the Washington State Secretary of Transportation, who
must respond as to the effect of the proposed subdivision on the state highway or airport within
15 calendar days of such notice.
3) Special notice of the hearing shall be given to adjacent landowners by any other reasonable
method the county deems necessary. Adjacent landowners are the owners of real property, as
shown by the records of the county assessor, located within 300 feet of any portion of the
boundary of the proposed subdivision. If the owner of the real property which is proposed to be
subdivided owns another parcel or parcels of real property which lie adjacent to the real
property proposed to the subdivided, mailed notice shall be given to owners of real property
located within 300 feet of any portion of the boundaries of such adjacently located parcel(s).
Ord. 8-06 § 1]
18.40.250 Optional additional public notice.
1) As optional methods of providing public notice of any project permits, the county may:
a) Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
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b) Notify the news media;
c) Place notices in appropriate regional or neighborhood newspapers or trade journals;
d) Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
e) Mail to neighboring property owners; or
f) Place notices on the Internet.
2) The county's failure to provide the optional notice as described in this section shall not be
grounds for invalidation of any permit decision. [Ord. 8-06 § 1]
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
1) The administrator may approve, approve with conditions, or deny (with or without
prejudice) all Type I permit applications which are categorically exempt from SEPA without
notice (see Tables 8-1 and 8-2 in JCC 18.40.040, and JCC 18.40.080(2)). Expedited review
process is available for Type I permit applications if the projects are categorically exempt under
SEPA and are consistent with adopted development regulations. Type I permit applications that
are not subject to public notice and are submitted as complete applications may take priority
over other projects.
f 2)Type I projects that are not categorically exempt under SEPA shall be subject to the notice
of application and comment period provisions of JCC 18.40.150 through 18.40.220, and the
SEPA notice requirements of Article X of this chapter. The administrator's decision under this
section shall be final on the date issued, and may not be appealed to the hearing examiner.
Ord. 8-06 § 1]
18.40.270 Administrative approval subject to notice (Type II).
1) The administrator may approve, grant preliminary approval, approve with conditions, or
deny (with or without prejudice) all Type II permit applications, subject to the notice and
appeal requirements of this article and Article III of this chapter. The administrator shall issue
written findings and conclusions supporting all Type II decisions.
2) Type II administrative decisions shall become final subject to the following: an applicant or
party of record may appeal the decision to the hearing examiner for an open record hearing, as
further set forth in Article V of this chapter. [Ord. 8-06 § 1]
18.40.280 Hearing examiner review and decision (Type III decisions and appeals
of Type II decisions).
1) The hearing examiner shall review and make findings, conclusions and a decision on all
Type III permit applications and appeals listed under subsection (3)(b) of this section.
2) For Type III actions, the administrator shall prepare a staff report on the proposed
development or action summarizing and considering timely public comments, summarizing and
considering recommendations of county departments and affected agencies or special districts,
and evaluating the development's consistency with this Unified Development Code, adopted
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plans, and regulations. The staff report shall include proposed findings, conclusions, and
recommendations for disposition of the development application.
3) Upon receiving a recommendation from the administrator or notice of any other matter
requiring the hearing examiner's attention (e.g., an appeal of a Type II administrative decision),
the hearing examiner shall perform the following actions as appropriate:
a) Hold an open record hearing on a Type III permit application and make a decision after
reviewing the recommendation of the administrator; or
b) Hold an open record appeal hearing and make a decision on the following matters:
i) Appeals of Type II administrative decisions;
ii) Appeals of administrative interpretations made under Article VI of this chapter;
iii) Appeals of SEPA threshold determinations made pursuant to Article X of this
chapter (other than determinations of significance); and
iv) Other matters not prohibited by law.
4) The hearing examiner shall conduct a public hearing on all Type III development proposals
and appeals listed under subsection (3)(b) of this section. Notice of the hearing examiner
hearing shall be in accordance with JCC 18.40.230.
5) Repealed by Ord. 12-19.
6) In the hearing examiner's decision regarding Type III actions and appeals of Type II
administrative decisions, the hearing examiner shall make written findings and conclusions.
Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.290 Board of county commissioners action (Type IV decisions).
1) The board of county commissioners shall make a decision after reviewing Type IV actions
during a regularly scheduled meeting.
2) In its decision, the board of county commissioners shall make its decision by motion,
resolution or ordinance, as appropriate. [Ord. 8-06 § 1]
18.40.300 Final decision.
1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and
Type II and III project permit decisions under this code shall be final unless appealed pursuant
to Article V of this chapter.
2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of
certain Type V decisions, as more fully set forth in Chaptcrchapter 18.45 JCC, the board of
county commissioners shall be in writing and shall include findings and conclusions based on
the record.
3) Notice of Final Decision.
a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final
decision, the administrator shall provide a notice of decision that includes a statement of all
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determinations made under SEPA and the procedures for administrative appeal, if any, of
the permit decision. The notice of decision may be a copy of the report or decision on the
project permit application. It shall also state that affected property owners may request a
change in valuation for property tax purposes notwithstanding any program of revaluation
fully set forth in RCW 36.706.130. The administrator shall post a copy of the decision on
the County on-line permit system, DCD website, and provide the notice of decision to the
county assessor's office.
b) A copy of the notice of decision shall be mailed, emailed, or hand delivered to the
applicant, any person who, prior to the rendering of the decision, requested notice of the
decision, and to all persons who submitted substantive written comments on the
application. The notice of decision shall be provided to the Jefferson County assessor.
4)Timing of Notice of Final Decision.
In order to
meet the following time periods outlined in RCW 36.70B, as amended, applicants are required
to submit more detailed and thorough applications, obtains discretionary approvals for their
proiects, and have received approvals from other department or agencies besides DCD. The
permit applications as classified in Table 8-1 should be processed within the following time
periods after the applicant files a complete application, subiect to 3CC 18.40.100:
a)Type I permits not listed in JCC 18.40.080(1) should be processed and a notice of
decision issued within 65 calendar days.
b)All Type II permits should be processed and a notice of decision or preliminary approval
issued within 100 calendar days.
c) All Type III permits should be processed and a notice of decision or preliminary approval
issued within 170 calendar days.
a)-The above time deadlines may be amended if: unlcss:
fd)
ia) Certain days are excluded from the time calculation pursuant to subsection (5) of
this section;
lib)The application involves a shoreline permit application for limited utility extensions
RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a
single-family residence and its appurtenant structures from shoreline erosion. In those
cases, the decision to grant or deny the permit shall be issued within 21 calendar days of
the last day of the comment period specified in JCC 18.40.220(2);
iiid) The application involves a final short plat application under Article III of
Chaptcrchapter 18.35 JCC, or a final long plat application under Article IV of Chaptcrchapter
18.35 JCC. In such cases, the application shall be approved, disapproved or returned to the
applicant within 30 days from the date of the determination of completeness; er
ive) The administrator makes written findings that a specific amount of additional time
is needed to process the project permit or application, consistent with 3CC 18.40.310
Expiration of applications)..-; or
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v) The applicant and DCD mutually agree to an extension of time deadlines in writing.
5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the
number of calendar days that have elapsed since the determination of completeness, the
following periods shall be excluded:
a) Any period during which the applicant has been requested by the county to correct
plans, perform studies, or provide additional information. The period shall be calculated as
set forth in JCC 18.40.110(6)(b).
b) If substantial project revisions are made or requested by an applicant, the 1-2-8-calendar
days wilishall be calculated from the time the county determines the revised application is
complete and issues a new determination of completeness.
c) All time required for the preparation of an environmental impact statement (EIS)
following a determination of significance (DS) pursuant to 6hapterchapter 43.21C RCW.
d) Any period for open record appeals of project permits under JCC 18.40.330; previdcd,—
however, that the time period for the hearing and decision shall not exceed a total of 90
calendar days.
e) Any extension of time mutually agreed upon by the county and the applicant.
f) Any time required for the preparation of an administrator's code interpretation pursuant
to Article VI of this chapter.
f g) Any time required for the hearing examiner to enter findings of fact and conclusions of
law, and issue a decision after the public hearing is closed.
6)The time limits established in this chapter do not apply if a project permit application:
a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified
Development Code; or
b) Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200.
7) Notice to Applicant. If the county is unable to issue its final decision on a project permit
r YYuwuvrr vviu inr urn. unr.
this fact __ _h_ la _j___ _ppli__nt. ..._ notice _.fall include _ statem_..- o. reasons ...., he time
limits Lave not been met and estimated flat.. for ' of the notice of.Iecision
87) Effective Date. The final decision of the administrator, hearing examiner, or board of
county commissioners shall be effective on the date stated in the decision, motion, resolution or
ordinance; provided, however, that the appeal periods shall be calculated from the date of the
decision, as further provided in JCC 18.40.330 and 18.40.340. [Ord. 12-19 § 4 (Appx. C); Ord.
14- 18 § 4 (Exh. B); Ord. 8-06 § 1. Formerly 18.40.320]
18.40.310 Expiration of applications.
1) A land use application shall be null and void if the applicant fails to submit the requested
additional information under JCC 18.40.110, within 180 calendar days from the department's
request or within a time period as specified by the hearing examiner.
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October 1, 2019, shall have 180 days to provide the requested additional information prior to
expiring under this section, unless the administrator grants an extension under subsection (2)
of this section. Land use applications expired under this section shall forfeit all application fees.
2)The administrator may grant one or more 180-day extension(s) of time for land use
application(s) that:
a) Have made substantial progress in obtaining required approvals and have minor
approvals remaining;
b) Have submitted written proof demonstrating a path for obtaining all remaining
approvals within the 180-day extension; or
c) Demonstrate other written justifiable cause to the administrator.
3)The administrator may review a land use application(s) and make any necessary corrections
to the application(s) expiration date caused by inaccurate and/or missed data entries.
Documentation of such corrections shall be made part of the file's written record. [Ord. 12-19 §
4 (Appx. C)]
18.40.320 Vesting of applications.
1) Purpose. The purpose of this section is to provide for vesting of land use applications and
permits under this title, consistent with state law. A complete application, under JCC 18.10.110,
is vested pursuant to this section to the regulations applicable to the application until the permit
is issued or the application is abandoned, expired, withdrawn, or denied.
2) Applicability.
a) This section applies to complete land use applications under this title, complete
applications for building permits (RCW 19.27.095(1)), complete applications for the
proposed division of land (RCW 58.17.033(1)), and complete applications under
development agreements (RCW 36.70B.180A and any other complete applications for a
project type determined to be subject to the vested rights doctrine by the Washington
legislature or in a published decision after 1987 by a Washington Court of Appeals or the
Washington Supreme Court..
b)This section does not vest applications to development regulations required by federal
or state law that are subject to final approval by a federal or state agency, including but not
limited to applications for permits under the Shoreline Master Program, Chaptcrchapter
18.25 JCC, or Flood Damage Prevention, Chaptcrchapter 15.15 JCC.
c)This section does not apply to issued permits or approvals.
d)This section does not apply to legal lot of record determinations pursuant to
Chaptcrchapter 18.12 JCC or to site development review pursuant to Article VII of this
chapter (JCC 18.40.420 et seq.).
3) Vesting of Applications.
a) A complete application under JCC 18.40.110 shall vest consistent with applicability of
this section and state law.
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b) A complete application subject to vesting pursuant to this section shall be subject to all
development regulations in effect on the vesting date.
eb) A complete application is vested for the specific use, density, and physical development
that is identified in the application submittal, provided the permit is not required by state or
federal law, including any applicable statue or regulation.consistent with state law.
d)The applicant is responsible for monitoring the time limitations and review deadlines for
the application. The county shall not be responsible for maintaining a valid application. If
the application expires, a new application may be filed with the department, but shall be
subject to the development regulations in effect on the date of the new application is
complete.
e) Substantial revisions to applications which increase the specific uses, density, or
physical development are subject to vesting at the time of the major or substantial revision.
Substantial revisions shall be considered a new application consistent with JCC
18.40.110(7).
1) Waiver of Vesting. An applicant may voluntarily waive vested rights at any time during the
processing of an application by delivering a written and signed waiver to the administrator
Mating that the applicant agrees to comply with all development regulations in effect on the
until permit issuance or approval. [Ord. 9 22 § 5 (Appx. D); Ord. 12 19 § 'I (Appx. C)}
18.40.325 Suspension, revocation, or modification of permits.
1) The hearing examiner may suspend, revoke, or modify a Type I, II, or III land use permit or
approval after a notice of noncompliance to the affected parties, a recommendation from the
administrator, a public hearing consistent with the Hearing Examiner Rules of Procedure, and
with written findings when:
a) Decision, approval, or permit was obtained by fraud, misrepresentation, or clear
inadvertent error;
b) Use for which such decision, approval, or permit was granted is not being exercised
within three years of approval, unless the decision, approval, or permit provides for a
greater period of time or the administrator has authorized an allowable extension of time;
c) Use for which decision, approval, or permit was granted ceased to exist or has been
suspended for three years or more unless the administrator has authorized an allowable
extension of time;
d) Decision, approval, or permit is being, or recently has been exercised contrary to the
terms or conditions of such decision, approval, or permit or is in violation of any local or
state law or regulation; or
e) Use for which decision, approval, or permit was granted was so exercised as to be
detrimental to the public health or safety, or so as to constitute a public nuisance. [Ord. 12-
19 § 4 (Appx. C)]
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Article V. Appeals
18.40.330 Administrative appeals.
In the absence of a specific right of appeal authorized under this UDC, there shall be no right to
administrative appeals.
1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding
the appropriate permit process to be used for discretionary conditional use permit applications
i.e., "C(d)"uses listed in Table 3-1 in JCC 18.15.040) under JCC 18.40.520, are not appealable
to the hearing examiner. However, administrative code interpretations may be appealed as set
forth in Article VI of this chapter.
2) Type II Permits.
a) The administrator's final decision on a Type II permit application may be appealed by a
party of record to the hearing examiner for an open record appeal hearing as further set
forth in JCC 18.40.280. The responsible official's SEPA determination of nonsignificance
DNS) or mitigated determination of nonsignificance (MDNS) may also be appealed by a
party of record to the hearing examiner for an open record appeal hearing. Administrative
appeals of a DS or draft or final EIS are not allowed.
b) All appeals of Type II permit decisions must be in writing, conform with the procedures
for appeal set forth in Chaptcrchapter 2.30 JCC and the Hearing Examiner Rules of
Procedure and shall be filed within 14 calendar days after the notice of decision is issued.
Appeals of thresholdcnvirdrlmental determinations under SEPA, except for a determination
of significance (DS), shall be consolidated with any open record hearing on the project
permit. (See RCW 36.70B.110(6)(d).)
3) SEPA Decisions.
a) The responsible official's DNS or MDNS may be appealed to the hearing examiner by the
applicant or anyone commenting on the environmental impacts of the proposal (as further
set forth in JCC 18.40.780). The appeal must be in writing, in conformance with
Chaptcrchapter 2.30 JCC and the Hearing Examiner Rules of Procedure, and be filed within
14 calendar days after the threshold determination is issued as set forth in subsection
3)( b) of this section. Appeals of environmental determinations under SEPA shall be
consolidated with any open record hearing on the project permit. (See RCW
36.70B.110(6)(d).) Administrative appeals of a DS or draft or final EIS are not allowed.
b) The SEPA appeal period shall be calculated from the date the decision is issued
pursuant to WAC 197-11-340(2)(d). [Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.340 Judicial appeals.
1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final
decision of the administrator or hearing examiner to a court of competent jurisdiction in a
manner consistent with state law. All appellants must timely exhaust all administrative remedies
prior to filing a judicial appeal.
2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in RCW 36.70C.040, within the applicable time period.
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3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing
all records ordered certified by the court or desired by the appellant for the appeal. Prior to the
preparation of any records, the appellant shall post an advance fee deposit in an amount
specified by the county auditor with the county auditor. Any overage willshall be promptly
returned to the appellant. [Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
Article VI. Unified Development
Code Interpretation
18.40.350 Purpose.
An interpretation of the provisions of this Unified Development Code is intended to clarify
conflicting or ambiguous wording, interpret proper classification of a use, or interpret the scope
or intent of the provisions of this code; provided, however, that interpretations of the provisions
adopted under the Jefferson County building code, Chaptcrchapter 15.05 JCC, or its successor
ordinance, may not be requested under this article. An interpretation of the provisions of this
code may not be used to amend the code. Further, code interpretations are not considered a
project permit action subject to"typing"and the public notice requirements contained in Articles
I through V of this chapter. [Ord. 8-06 § 1]
18.40.360 Submission requirements.
1) Who May Request Interpretation. Any person may request a written interpretation of the
provisions of this code. Additionally, the administrator may issue an interpretation on the
administrator's own initiative.
2) The administrator may require that any request that seeks interpretation of more than four
UDC sections be broken down into smaller requests, each requiring the standard fee. The
administrator may limit the code interpretation to what is deemed necessary to clarify the
section and may decline responding to requests that are deemed excessive or onerous or those
that ask hypothetical questions.
3) Submittal Requirements. Any person requesting an interpretation of this code shall submit a
written request specifying each provision of the code for which an interpretation is requested,
why an interpretation of each provision is necessary, and any reasons or materials in support of
a proposed interpretation. The applicant shall pay the fee set forth in the Jefferson Countymost
recently adopted DCD fee schedule ordinance or an administrator's interpretation.
4) Factors for Consideration. In making an interpretation of the provisions of this code, the
administrator should consider the following, as applicable:
a) The applicable provisions of this code, including its purpose and context;
b) The implications of the interpretation for development within the county as a whole,
including the precedent the interpretation wilishall set for other applicants; and
c) Consistency with the Jefferson County Comprehensive Plan and other relevant
ordinances and policies.
5) Conflicts with Other Regulations. Where conflicts occur between the provisions of this code
and the Jefferson County building code, Chapterchapter 15.05 JCC, or its successor ordinance,
or other regulations of the county, the more restrictive shall apply. If any conflict between the
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land use districts map and the text of this code ensue, the text of this code shall prevail. [Ord.
8-06 § 1]
18.40.370 Administrator's decision.
1) The DCD administrator's decision on a request for an interpretation shall include the name
of the applicant, the description of the subject proposal, the language of the provisions of this
code subject to interpretation, the explanation of the DCD administrator's interpretation, and
any other necessary information reasonably related to the proposal.
2) Response to Written Request. The DCD administrator shall mail a written response to any
person filing a written request to interpret the provisions of this code within 28 calcndar90 days
of having received the request or as soon as reasonably practicable; provided, however, that
when a request is made by a permit applicant while a project is pending and after a
determination of completeness has been issued, the permit applicant must agree to waive the
time frame required under Article IV of this chapter to allow for preparation of the
interpretation, and any changes to the project that the interpretation might require. [Ord. 8-06
1]
18.40.380 Time limitation and enforcement.
1) Time Limitation. An interpretation of this code remains in effect unless and until rescinded in
writing by the administrator, or superseded by a formal amendment under JCC 18.45.090.
2) Enforcement. An interpretation of this code issued in accordance with this article may be
enforced in the same manner that any provision of this code is enforced (see JCC Title 19 JCC).
All written interpretations of this code, with a current index of such interpretations shall be
maintained by DCD and made available for public inspection. [Ord. 8-06 § 1]
18.40.390 Appeals of administrator's interpretations.
When an interpretation is made in response to a written request pursuant to the provisions of
this article, the person filing the written request may appeal the decision of the administrator to
the hearing examiner within 14 calendar days of the decision using the process for appeals of
Type II permit decisions as set forth in JCC 18.40.330, Chaptcrchapter 2.30 JCC, and the
Hearing Examiner Rules of Procedure. The fee for such appeal shall be as set forth in the
Jefferson County fee ordinance most recently adopted DCD fee schedule and must be paid by
the appellant at the time of filing the appeal. [Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.400 Judicial appeal.
Appeals from the final decision of the hearing examiner shall be made to the Jefferson County
superior court within 21 calendar days of the date the decision or action becomes final, as set
forth in JCC 18.40.340. All appeals must conform to the provisions of JCC 18.40.340, and are
subject to the requirements set forth in that section. [Ord. 8-06 § 1]
Article VII. Site Development Review Process2
18.40.420 Purpose.
The purpose of this article is to provide owners or developers of land a means to obtain an
assessment of site requirements for development of a parcel without prior to applying for a
development permit. Site development review is an assessment of the physical aspects and
constraints of the site for the purpose of development. While a site development reviewit will
not vest a property to development regulations, it-a site development review provides for a
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professional analysis of the site according to current development regulations. Vesting for
development purposes may only occur in the manner outlined in JCC 18.40.320. Site
development review is intended to reduce the cost of development and aid in the facilitation of
predevelopment financing for applicants. [Ord. 9-22 § 5 (Appx. D)]
18.40.430 Applicability.
1) Site development review shall be required prior to land disturbing activity or any
development activity; submittal of any development permit application, on-site sewage system
permit application pursuant to Chapter 8.15 JCC, land use permit application, or land division
permit application, or prior to any process to adjust property boundaries, including
condominimization.
2) Any landowner or their representative who wishes to make application for development shall
use the site development review process to determine whether their site is a legal lot of record
and buildable. No development application may vest until the site development review is
completed.
3) Properties that meet base density per JCC 18.12.050(1)(b)(i) or the provisions of JCC
18. 12.070(4) shall be required to submit a site development review permit application prior to
submittal of any development permit application in accordance with JCC 18.12.070(5). The site
development review process will evaluate the potential siting for development consistent with
all applicable requirements of this title.
4) Site development review is not required for the following:
a) Mechanical, plumbing replacement, hot water, propane, reroofing, and window
replacement permits;
b) Permits for cell tower alteration and modification; and
c) Interior remodels that do not increase the building's footprint or include land disturbing
activity, or are not substantial improvements pursuant to Chaptcrchapter 15. 15 JCC.
5) Any repair requiring an emergency permit under JCC Ttitle 8 or 15 JCC, or this title, or in
circumstances that qualify as an emergency constituting an immediate public health and safety
hazard, in the opinion of the director, does not require site development review prior to
executing the repair to alleviate the hazard. The director at their discretion may require the
applicant to apply for site development review after the fact. [Ord. 9-22 § 5 (Appx. D)]
18.40.440 Application requirements.
1) Each application for site development review shall include:
a) A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the application
with the written consent of all owners of the affected property, and proof of ownership of
the property;
b) Identification of a single contact person or entity to receive determinations and notices
required by this code;
c) A legal description of the site, including the Jefferson County assessor's parcel number;
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d) Payment of the applicable fee as set forth in the Jcffcr C'o_nt•;most recently adopted
DCD fee ordi a eeschedule;
e) A written description of the specific proposed use of the property for which the
application is being submitted; and
f) Sufficient documentation to evidence that a lot or parcel is a legal lot of record. The
administrator in their sole discretion may require one or more of the following types of
documentation for review:
i) Recorded plat or associated AFN.
ii) Approved unrecorded subdivision.
iii) Deed prior to August 11, 1969.
iv) Prior recognition of legal lot status by the county.
v) Title report.
vi) Deed history.
vii) Tax history.
2) Any landowner or representative who applies for site development review under this article
and is proposing a commercial, industrial, small-scale recreational and tourist use, or
multifamily residential use listed as a "Yes" use in Table 3-1 in JCC 18.15.040 (or classified as
such by the administrator), may be required to submit information in addition to the specific
submittal requirements of JCC 18.40.100(1) through (4), where determined by the
administrator to be necessary for the site development review application.
3) The administrator may waive specific submittal requirements determined to be unnecessary
for site development review. [Ord. 9-22 § 5 (Appx. D)]
18.40.450 Application review.
Review of applications for site development review shall be as follows:
1) Review Procedures. When the administrator determines that an application is technically
complete, as defined in JCC 18.40.110, the application shall be processed as a Type I permit,
under procedure: spccificd in Article IV of this chapter.
2) Referral and Review of Application. The administrator shall transmit a copy of the
application, or appropriate parts of the application, to affected agencies and county
departments for review and comment. [Ord. 9-22 § 5 (Appx. D)]
18.40.460 Approval criteria.
1) Site development review permits shall be approved upon showing that all of the following
have been satisfied:
a)The proposed development conforms to all applicable county, state and federal, land
use, environmental and health regulations and plans, including, but not limited to the
following:
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i) The Jefferson County Comprehensive Plan; and
ii) The provisions of this title, including any incorporated standards;
b) All lots in the proposed development must be legal lots of record in compliance with the
requirements of Chaptcrchapter 18.12 JCC;
c) Adequate provisions for utilities and other public services necessary to serve the needs
of the proposed site plan have been demonstrated, including open spaces, drainage ways,
roads, and other public ways, drinking water, sewage disposal, fire flow and other
improvements;
d) The site contains one or more development envelopes large enough to accommodate
the use proposed; and
e) The proposed development will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
2) The submittal of additional information may be required by the department to determine
whether site development review canmay be approved, or as a condition of approval. Additional
information includes, but is not limited to the following: a critical areas study, special flood
hazard area information, stormwater review, roads and utility review, a water availability
statement, and soil logs and other applicable information necessary to determine compliance
with the Jefferson County department of public health regulations regarding on-site septic
disposal. [Ord. 9-22 § 5 (Appx. D)]
18.40.470 Limitations on approval.
1) An approved site development review shall not constitute vesting of development
regulations or specific site features or improvements (e.g., wells, septic systems, stormwater
drainage facilities, etc.). Any site with an approved site development review shall not be
immune from changes in county, state, or federal laws which are enacted or have an effective
date after the date of approval affecting the performance and implementation of the associated
use or development.
2)
3) Approval under this section does not constitute authority to commence any development or
building activity until such time as final authorizing permits are issued. Approval of a site
development review permit application does not vest the proposed use or development. The
approval certifies the suitability of a site for the proposed use or development at the time of
application processing only. [Ord. 9-22 § 5 (Appx. D)]
18.40.480 Modifications to an approved site plan.
1) Minor modifications to a previously approved site development review under this article may
be requested by the applicant and approved by the administrator subject to the provisions for
Type I decisions; provided, that the modification does not involve any of the following:
a) A change of proposed land use to one other than that approved for the original site
plan;
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b) The location or relocation of a road or street (excluding driveways, internal parking or
accessways);
c) An adjustment that crosses land use district boundaries where the administrator
reasonably believes that the adjustment is intended to serve as a rationale for a future site-
specific land use district redesignation application;
d) The creation of an additional lot, tract or parcel;
e) Would create a site plan for a parcel that does not qualify as a building site pursuant to
this code;
f) Would make the site plan inconsistent with any restrictions or conditions of approval for
a recorded short plant, long plat, boundary line adjustment, plat amendment or binding site
plan.
2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
a) The modification will-net-shall be inconsistent with the previously approved site
development review; and
b) The modification wilishall not cause the site development review to violate any
applicable county policy or regulation.
3) Modifications that involve the circumstances described in subsection (1) of this section, or
exceed the criteria set forth in subsection (2) of this section, shall be processed as a new site
development review application. [Ord. 9- 22 § 5 (Appx. D)]
Article VIII. Conditional Uses
18.40.490 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the application of
the use regulations contained in this code in order to accommodate uses that may be
appropriate in an established district under certain circumstances, but inappropriate in the same
district under others. At the time of application, a review of the location, design, configuration,
and potential impact of the proposed use shall be conducted by comparing the use to the goals
and policies established in the Jefferson County Comprehensive Plan and to adopted
development standards. This review shall determine whether the proposed use should be
permitted by weighing the public need or the benefit to be derived from the use against the
impact that it may cause. [Ord. 8-06 § 1]
18.40.500 Scope.
This article shall apply to each application for a conditional use permit. Only those uses
indicated by a "C(a),""C(d)"or"C"opposite the use in Table 3-1 in JCC 18.15.040 will be
considered for a conditional use permit. [Ord. 8-06 § 1]
18.40.510 Application submittal and contents.
1) The application for a conditional use permit shall be submitted to DCD on forms provided by
the department, along with the appropriate fees established under the Jefferson Countymost
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recently adopted DCD fee schedule. Vie. The application shall include all materials
required pursuant to JCC 18.40.100.
2) The administrator may waive specific submittal requirements determined to be unnecessary
for review of an application. [Ord. 8-06 § 1]
18.40.520 Conditional use permit types— Review processes.
1) Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in Table
3-1 in JCC 18.15.040 shall be processed according to the procedures for Type II land use
decisions established in Article IV of this chapter.
2) Applications for uses listed as discretionary conditional use permits (i.e., "C(d)") in Table 3-1
in JCC 18.15.040 shall, at a minimum, be processed according to the procedures for Type II
land use decisions established in Article IV of this chapter. However, in accordance with this
subsection, the administrator may on a case-by-case basis refer a discretionary conditional use
permit application to the hearing examiner to be processed according to the procedures for
Type III land use decisions established in Article IV of this chapter.
a) Required Findings. Prior to referring an application for a use listed as"C(d)" in Table 3-1
in JCC 18.15.040 to the hearing examiner, the administrator shall make one or both of the
following findings:
i) In the discretionexelusiveTeliseFetiefent of the administrator, the
application involves potentially significant issues relating to location, design,
configuration, and potential impacts to surrounding properties and the community that
canmay be more appropriately considered and addressed through an open public
record pre-decision hearing before the Jefferson County hearing examiner; or
ii) In the discretion of the administrator, the
application seeks approval of a use involving complex legal issues necessitating special
expertise in the decision-maker.
b) Timing. The administrator may determine whether or not to refer an application to the
hearing examiner for a public hearing, concurrent with the determination of completeness
required under JCC 18.40.110(1), or after the public comment period has expired.
c) Discretion of the Administrator. The administrator's decision to refer an application to
the hearing examiner under this subsection to be processed as a Type III application shall
be for the purpose of affording maximum fairness in decision-making and procedural due
process protection, and shall not affect the substantive applicability of local, state or federal
policies or law applicable to any permit application. The decision to refer any application to
the hearing examiner to be processed as a Type III application rests exclusively within the
discretion of the administrator.
d) No Notice or Hearing Required. Because the administrator's decision to refer (or not to
refer) an application for a use listed as"C(d)"in Table 3-1 in JCC 18. 15.040 to the hearing
examiner for a public hearing rests solely in the administrator's discretion, the county is not
required to provide prior notice of the administrator's decision. The administrator shall not
be required to hold a public hearing on such a decision. The decision of the administrator
made pursuant to this subsection (2) shall not constitute an appealable administrative
decision.
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3) Applications for uses listed as a"C"in Table 3-1 in JCC 18.15.040 shall be processed
according to the procedures for Type III land use decision established in Article IV of this
chapter. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.530 Approval criteria for all conditional uses.
1) The county may approve or approve with modifications an application for a conditional use
permit (i.e., uses listed in Table 3-1 in JCC 18. 15.040 as"C(a),""C(d)"or"C") if all of the
following criteria are satisfied:
a) The conditional use is harmonious and appropriate in design, character and appearance
with the existing or intended character and quality of development in the vicinity of the
subject property and with the physical characteristics of the subject property;
b) The conditional use willshall be served by adequate infrastructure including roads, fire
protection, water, wastewater disposal, and stormwater control;
c) The conditional use wiNshall not be materially detrimental to uses or property in the
vicinity of the subject parcel;
d) The conditional use willshall not introduce noise, smoke, dust, fumes, vibrations, odors,
or other conditions or which unreasonably impact existing uses in the vicinity of the subject
parcel;
e) The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use willshall not unreasonably interfere with allowable
development or use of neighboring properties;
f) The pedestrian and vehicular traffic associated with the conditional use willshall not be
hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
g) The conditional use complies with all other applicable criteria and standards of this title
and any other applicable provisions of the Jefferson County Code or state law; and more
specifically, conforms to the standards contained in Chaptcrchapters 18.20 and 18.30 JCC;
h) The proposed conditional use wiHshall not result in the siting of an incompatible use
adjacent to an airport or airfield;
i) The conditional use wiHshall not cause significant adverse impacts on the human or
natural environments that cannot be mitigated through conditions of approval;
j) The conditional use has merit and value for the community as a whole;
k)The conditional use is consistent with all relevant goals and policies of the Jefferson
County Comprehensive Plan; and
I)The public interest suffers no substantial detrimental effect. Consideration shall be given
to the cumulative effect of similar actions in the area.
2) In instances where all of the above findings cannot be made, the application shall be
denied.
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3) The administrator may consider applications for modifications of lawfully established
conditional uses and developments approved under this code and conditional uses in existence
on December 18, 2000, when the application proposes to bring the existing use substantially
closer to compliance with the standards of this code. The administrator may approve,
conditionally approve, or deny the modification application. A site plan conforming to the
provisions of this chapter and Article II, Project Permit Applications (Type I — IV), of this
chapter shall accompany the application showing the location, size and type of modification
proposed by the applicant.
4) Modifications may be approved by the administrator under Type I review procedures;
provided, that the cumulative modifications of the approved use wi lshall not exceed the
following limitations:
a) The modification wifshall not increase residential use by more than one unit, if allowed
by the land use district;
b) The modification willshall not increase the required amount of parking by more than 20
percent or 20 spaces (whichever is less);
c) The proposed modification willshall not expand the total square footage of all structures
and/or outdoor use areas, excluding parking, by more than 20 percent. In addition, the
proposed expansion of the structure shall not result in total size of the structure exceeding
the maximum building size limits in Chaptcrchapter 18.30 3CC;
d) The modification willshall not change or modify any special condition imposed under any
previous official review;
e) The modification witishall not significantly reduce the amount or location of required site
screening;
f) The modification wi lshall not expand an existing nonconforming use or structure, or
render a conforming use or structure nonconforming;
g) The modification wi ishall not establish a new use;
h) The modification wi lshall not expand a mining/site operation, mineral processing or
mineral batching activity;
i) In the determination of the administrator, the modification wlllshall not create or
materially increase any adverse impacts or undesirable effects of the project, or cause the
use or structure to become inconsistent with the Comprehensive Plan or the purpose of the
land use class and district.
5) All proposed uses, structures and site improvements (and modifications thereof) shall
comply with the development standards of this code.
6) Any proposed modification that does not meet all the requirements of this subsection shall
not be approved through this process, but shall be reviewed through the current review
procedures as outlined by this chapter.
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7) Decisions to administratively approve modifications shall be administered through a
consistency review of development permits in accordance with this code and any previous
conditions of approval. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.540 Additional conditions.
The county may impose additional conditions on a particular use if it is deemed necessary for
the protection of the surrounding properties, the neighborhood, or the general welfare of the
public. The conditions may:
1) Increase requirements in the standards, criteria or policies established by this code;
2) Stipulate an exact location for the conditional use on the subject property as a means of
minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
3) Require structural features or equipment as a means of minimizing hazards to life, limb,
property damage, erosion, landslides or traffic; or
4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted
in the same zone with respect to avoiding nuisance generating features in matters of noise,
odors, air pollution, wastes, vibration, traffic and physical hazards. [Ord. 8-06 § 1]
18.40.550 Use of property before final decision.
No building permit shall be issued for any use involved in an application for approval for a
conditional use permit until the conditional use permit is approved and becomes effective. [Ord.
8-06 § 1]
18.40. 560 Effective period — Expiration.
1) A conditional use permit automatically expires and becomes void if the applicant fails to file
for a building permit or other necessary development permit within three years of the effective
date (the date of the decision granting the permit) of the permit unless the permit approval
provides for a greater period of time.
2) Extensions to the duration of the original permit approval are prohibited.
3)The department of community development shall not be responsible for notifying the
applicant of an impending expiration. [Ord. 8-06 § 1]
18.40.570 Modification of a conditional use permit.
The county may modify an approved conditional use permit as follows: the county may delete,
modify or impose additional conditions upon finding that the use for which the approval was
granted has been intensified, changed or modified by the property owner or by person(s) who
control the property without approval so as to significantly impact surrounding land uses. A
modification vdilishall be processed as a Type II_land use decision pursuant to JCC 18.40.270.
Ord. 8-06 § 1]
18.40.580 Conditional use permit to run with the land.
A conditional use permit granted under this article shall continue to be valid upon a change of
ownership of the site, business, service, use or structure that was the subject of the permit
application. No other use is allowed without approval of an additional conditional use permit.
Ord. 8-06 § 1]
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18.40.590 Permit suspension or revocation.
The county may suspend or revoke an approved conditional use permit pursuant to JCC Title 19
JCC upon finding that:
1) The use for which the approval was granted has been abandoned for a period of at least
one year;
2) Approval of the permit was obtained by misrepresentation of material fact; or
3) The permit is being exercised contrary to the terms of approval. [Ord. 8-06 § 1]
18.40.600 Assurance device.
In appropriate circumstances, the administrator may require a reasonable performance or
maintenance assurance device, in a form acceptable to the county prosecutor, to assure
compliance with the provisions of this code and the conditional use permit as approved. [Ord.
8-06 § 1]
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
The purpose of this article is to ensure that all persons and their property are guaranteed equal
rights and opportunities under similar circumstances. A variance is never to be used to endow
certain persons or property with special privileges denied to all others under similar
circumstances. Variances may only be granted for dimensional, area and bulk requirements
e.g., height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified by
this code. [Ord. 8-06 § 1]
18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except
for reasonable economic use variances and environmentally sensitive area buffer width
reductions, which shall be governed by the provisions of Article VI-D of Chopterchapter 18.15
JCC. [Ord. 8-06 § 1]
18.40.630 Application submittal and contents.
1) The application for a variance shall be submitted to DCD on forms provided by the
department, along with the appropriate fees established under the Jefferson County most
recently adopted DCD fee schedule fee ordinance. The application shall include all materials
required pursuant to JCC 18.40.100.
2) The administrator may waive specific submittal requirements determined to be unnecessary
for review of an application. [Ord. 8-06 § 1]
18.40.640 Variance types— Review processes.
The following are subject to this permit review process:
1) Minor and Major Variances Distinguished.
a) Minor variances include variances that would permit minor deviation from expansienr f
an existing building, or a new development which would by extend no more than 10
percent beyond the dimensional, area,--a-lid-bulk requirements, setback or lot coverage
requirements specified by this code.
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expansion of an existing building that is nonconforming as to setback or lot coverage
requirements when The applicant shall demonstrate the prepesed-expansienproposed
deviation -would not:
i) Constitute a threat to the public health, safety and general welfare;
f ii) Increase the nonconformity of the existing building; and
ii) Result in any portion of the existing building or expansion being located closer to an
abutting property line than does the existing building at its nearest point to the
property line.
b) Major variances include all other variances (i.e., all variances not described in subsection
1)(a) of this section).
2) Minor Variances. Applications for minor variances shall be processed according to the
procedures for Type II land use decisions established in JCC 18.40.270.
3) Major Variances. Applications for major variances shall be processed according to the
procedures for Type III land use decisions established in Article IV of this chapter. [Ord. 8-06 §
1]
18.40.650 Approval criteria.
A variance may be granted only if the applicant demonstrates all of the following:
1) The variance willshall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district in which the subject
property is located;
2) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the land use district in which the
subject property is located;
3) The granting of the variance ww#lIshall not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and land use district in which the
subject property is located;
4)The special circumstances of the subject property make the strict enforcement of the
provisions of this code an unnecessary hardship to the property owner;-
5) The special circumstances are not the result of the actions of the applicant; and
6) The variance is consistent with the purposes and intent of this Unified Development Code.
Ord. 8-06 § 1]
18.40.660 Additional conditions.
In granting any variance, the decision-maker may prescribe appropriate conditions and
safeguards to assure that the purpose and intent of this code will not be violated. [Ord. 8-06 §
1]
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18.40.670 Limitation on authority.
The administrator or hearing examiner (as applicable) may not grant a variance under this
article for the following:
1) The provisions of this code establishing allowed, conditional, discretionary and prohibited
uses within the various land use districts (i.e., Table 3-1 in JCC 18.15.040);
2) The density provisions of this code;
3)The procedural or administrative provisions of this code; or
4) Any provision of this code which, by its terms, is not subject to a variance. [Ord. 8-06 § 1]
18.40.680 Effective period — Expiration.
1) A variance approval automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the date of the
decision granting the variance unless the variance approval provides for a greater period of
time.
2) Extensions to the duration of the original variance approval are prohibited.
3)The department of community development shall not be responsible for notifying the
applicant of an impending expiration. [Ord. 8-06 § 1]
18.40.690 Assurance device.
In appropriate circumstances, the administrator or hearing examiner (as applicable) may
require a reasonable performance or maintenance assurance device, in a form acceptable to the
prosecuting attorney, to assure compliance with the provisions of this title and the variance as
approved. [Ord. 8-06 § 1]
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
1) This section contains county procedures and policies implementing the State Environmental
Policy Act (SEPA) (Chaptcrchapter 43.21C RCW). Jefferson County adopts this article under
RCW 43.21C.120, as amended, and WAC 197-11-904.
18.40.705 Adoption by reference.
12) SEPA Rules—Adoption by Reference. The county hereby adopts by reference the SEPA
rules, Chaptcrchapter 197-11 WAC. The SEPA rules must be used in conjunction with this
article. This article contains uniform usage and definitions of terms under SEPA and the SEPA
rules.
32) The county adopts by reference the definitions in WAC 197-11-700 et seq., as
supplemented by Chaptcrchapter 18.10 JCC. [Ord. 8-06 § 1]
18.40.710 Purpose.
The purpose of this article is to adopt regulations that implement SEPA, consistent with the
SEPA rules. This is accomplished by ensuring that:
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1) Environmental values are considered in making land use and agency decisions, and
reasonable alternatives and conditions are identified and implemented to mitigate (as provided
in this article) the adverse environmental impacts of proposed actions on the environment;
2) Adequate and timely environmental information is gathered and provided to decision-
makers, and procedural delay and duplication is avoided; and
3) Opportunity for public involvement is included in the decision-making process. [Ord. 8-06 §
1]
18.40.720 Responsible official— Decision-making authority.
1) The responsible official shall be the administrator.
2) For those proposals for which the county is the lead agency, the responsible official is
vested with authority to and shall make the threshold determination, determine an exemption
if any), supervise scoping and preparation of any required environmental impact statement
EIS), administer the SEPA rules and this article, and perform any other functions assigned to
the"lead agency"or"responsible official"by the SEPA rules.
3) The responsible official shall be responsible for the written comments of the county in
response to a consultation request:
a) Prior to issuance of a threshold determination;
b) For participation in scoping; or
c) For review of a draft environmental impact statement (DEIS).
4) The department of community development (DCD) shall maintain all documents required by
chapter 40.14 RCW (Preservation and Destruction of Public Records)SEPA rules and make them
available in accordance with Chaptcr chapter 42.56 RCW (Public Records Act)/12.17 RCW (the
Disclosure Campaign Finances Lobbying Records Act). [Ord. 8 06 § 1]
18.40.730 Lead agency determination and responsibilities.
1) The county department receiving application for or initiating a proposal that includes a non-
exempt action shall determine the lead agency for the proposal under WAC 197-11-050 and
WAC 197-11-922 through 197-11-940, unless lead agency has been previously established.
2) When the county is lead agency, the responsible official shall supervise compliance with
threshold determination requirements. If an EIS is required, that official shall supervise
preparation of the EIS.
3) When the county is not lead agency, the county shall use and consider the determination of
nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), or final
environmental impact statement (FEIS) of the lead agency in making decisions on the proposal.
Unless required under WAC 197-11-600 no DNS or EIS in addition to that issued by the lead
agency shall be prepared. The county may, however, conduct supplemental environmental
review under WAC 197-11-600.
4) If the county receives a lead agency determination that appears inconsistent with criteria
contained in WAC 197-11-922 through 197-11-940, it may object to the determination.
Objection must be made to the agency that made the determination and must be resolved
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within 15 calendar days of receipt of the determination, or the county must petition the
Department of Ecology for lead agency determination under WAC 197-11-946 within the 15-
calendar-day period. The responsible official may initiate any such petition on behalf of the
county.
5) Any county department making lead agency determination for a private proposal shall
require sufficient information to identify all other agencies with jurisdiction over the proposal.
Ord. 8-06 § 1]
18.40.740 Initiation of SEPA review— Limitations on actions during review.
1) Initiation of Review. The county's SEPA process begins when a permit application is
submitted to the county, or when the county proposes to take an official action as defined in
WAC 197-11-704.
2) Limitations on Actions during SEPA Process. Until the responsible official issues a final DNS
or FEIS and the SEPA appeal period has lapsed, the county shall not take any project action
issuing permits, approvals, etc.) on a nonexempt project, or take any nonproject action
decisions on policies, plans, programs, etc.), that would have an adverse environmental impact
or would limit the choice of reasonable alternatives. [Ord. 8-06 § 1]
18.40.750 Categorically exempt actions— Use of existing documents and
analyses.
1) Categorically Exempt Levels.
a) Except with the adoption of flexible threshold limits as set forth in subsections (1)(b)
through (e) of this section, Jefferson County adopts and incorporates by reference the
categorical exemption levels set forth in WAC 197-11-800.
b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or
excavation activity in Jefferson County shall be 500 cubic yards.
c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction
of a barn, loafing shed, farm equipment storage building, produce storage or packing
structure, or similar agricultural structure, covering 30,000 square feet, and to be used only
by the property owner or his or her agent in the conduct of farming the property. This
exemption shall not apply to feed lots.
d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction
of an office, school, commercial, recreational, service or storage building with 12,000
square feet of gross floor area, and with associated parking facilities designed for up to 40
automobiles.
e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40
automobiles shall be exempt.
2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this
section do not require review under this article or the preparation of an environmental impact
statement, and may not be conditioned or denied under SEPA, except as provided in WAC 197-
11-305 and subsection (3) of this section.
3) Use of Exemptions.
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a)The responsible official w4Nshall determine the applicability of a categorical exemption.
The determination by the responsible official that a proposal is exempt from SEPA is final.
None of the procedural requirements of this article (except as provided in WAC 197-11-305
and this subsection) apply to an exempt proposal.
b) If a proposal includes exempt and non-exempt actions, the responsible official shall
determine the lead agency pursuant to WAC 197-11-050.
c) If a proposal includes exempt and non-exempt actions, the county may authorize
exempt actions prior to compliance with procedural requirements of this article, except as
provided in subsections (3)( d) through (3)(g) of this section.
d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not
authorize the use of exemptions for:
i) Actions that are not exempt;
ii) Any action that would have a probable significant adverse environmental impact;
iii) A series of exempt actions that are physically or functionally related which together
would result in a probable significant adverse environmental impact for the overall
project; or
iv) Any action that would limit choice of alternatives.
e) The county may withhold approval of an exempt action that would lead to modification
of the physical environment when such modification would serve no purpose if nonexempt
action(s) were not approved (see WAC 197-11-305(1) (b)(i)).
f)The county may withhold approval of exempt actions that would lead to substantial
financial expenditures by a private applicant when the expenditures would serve no purpose
if the non-exempt action(s) were not approved (scc WAC 173 806 060).
g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall
remain exempt under SEPA even when located in one or more of the environmentally
sensitive areas (ESAs) classified, designated and mapped under Article VI-D of
Chaptefchapter 18.15 3CC. However, the categorical exemptions listed in WAC 197-11-800
shall not apply when undertaken wholly or partly on lands covered by water, regardless of
whether or not such lands are mapped as ESAs. Proposals in areas subject to this
subsection (3)(g) shall require environmental review and a threshold determination, and
may be conditioned or denied under this article (see WAC 197-11-756, 197-11-800, and
197-11-908).
4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation
of existing documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630,
and 197-11-635.
5) Planned Actions.
a) The county may, as part of its planning processes, elect to perform or have performed
for it in advance of any development proposal, the environmental review and analysis for
certain actions and their probable impacts. These"planned actions"must be so designated
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by ordinance or resolution adopted by the county after the analysis of the actions and their
impacts has been completed.
b) Planned actions must be located in an urban growth area, a master planned resort
MPR), or a fully contained community, and meet the additional requirements contained in
RCW 43.21C.031(2).
c)The analysis must be sufficient to identify and analyze all probable significant impacts
and most nonsignificant impacts of the actions, and to identify (and, optionally, provide) to
a great extent the mitigation necessary (i.e., the significant impacts must be "adequately
addressed" in an environmental impact statement).
d) As a result of the analysis in subsections (5)( a) and (5)(c) of this section, a
development proposal being prepared under a planned action does not require a threshold
determination or the preparation of an environmental impact statement, but is subject to a
full environmental review of its impacts and full requirements for mitigation as identified
and specified by the review for the planned action in subsection (5)(c) of this section.
e) If the environmental review identifies additional impacts not addressed by the planned
action, a checklist and threshold determination shall be required. [Ord. 14- 18 § 4 (Exh. B);
Ord. 8-06 § 1]
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
1) Submittal of Environmental Checklist.
a) A completed environmental checklist shall be submitted with any application for a
permit or approval not specifically exempted as per JCC 18.40.750(1). However, a checklist
is not required if the county and applicant agree that an EIS is required, if SEPA compliance
has been completed, or if SEPA compliance has been initiated by another agency. The
county shall use the checklist to determine lead agency and to make the threshold
determination if the county is lead agency.
b) Applicants for private proposals shall complete the checklist, and the county shall
provide assistance as appropriate. For county proposals, the department initiating the
proposal shall complete the checklist.
2) Review of Project Impacts. The responsible official shall review the checklist, other
information about a project, and the applicable regulations to review the environmental impacts
of the project and make a threshold determination. In making this review the responsible
official may determine:
a) All of the project's probable significant adverse environmental impacts have been
adequately identified and analyzed. If not, additional studies and analyses may be required;
b) Some or all of the probable significant adverse environmental impacts have been
adequately addressed and mitigated in this UDC and other development regulations
adopted by Jefferson County, the Comprehensive Plan, or in other applicable local, state, or
federal laws and rules by:
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i) Avoiding or otherwise mitigating the impacts; or
ii)The county has designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by
the Growth Management Act (Chaptcrchapter 36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately
mitigated, the responsible official may condition the project with additional mitigation
measures or deny the permit;
c) To determine if the probable significant adverse environmental impacts have been
addressed by an existing rule or law of another agency with jurisdiction, the county shall
consult orally or in writing with that agency and may expressly defer to that agency. In
making this deferral, the county shall base or condition its project approval on compliance
with that agency's rules or laws;
d) If the county bases or conditions its SEPA approval of the project wholly or in part on
compliance with the requirements or mitigation measures identified in subsections (2)(b)(i)
and (2)( b)(ii), during project review the county shall not impose additional mitigation under
SEPA for those impacts so conditioned;
e) Nothing in this subsection limits the authority of the county in its review or mitigation of
a project to adopt or otherwise rely on environmental analyses and requirements under
other laws, as provided by SEPA.
3) Threshold Determination. The"threshold determination"is the decision regarding whether
there is a reasonable likelihood that the project willshall have a probable significant adverse
environmental impact on an element of the environment. A threshold determination is required
for any proposal that meets the definition of an "action" under WAC 197-11-704 and is not
categorically exempt, a planned action, or subject to WAC 197-11-600(3). The responsible
official shall make and publish the threshold determination for public comment as provided in
JCC 18.40.780:
a) Determination of Significance (DS). If a project may have a probable significant adverse
environmental impact, a DS shall be issued, and an EIS shall be required. In determining an
impact's significance, the responsible official shall take into account the guidance in WAC
197-11-330 and 197-11-794, including:
i) Locational, quantitative, and cumulative effects, severity and likelihood of the
effects, and effects on environmentally sensitive or special areas; and
ii) Mitigation measures that will be implemented. The responsible official shall not
balance whether beneficial aspects of a proposal outweigh its adverse environmental
impacts in determining significance.
b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse
environmental impact, a DNS shall be issued.
c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission
of an environmental checklist and prior to the responsible official's threshold determination
on a proposal, an applicant may ask the responsible official to indicate whether it is
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considering a DS. If the responsible official indicates a DS is likely, the applicant may clarify
or change features of the proposal to mitigate the impacts that led the responsible official
to consider a DS likely. The applicant shall revise the environmental checklist as may be
necessary to describe the darifications or changes. The responsible official shall make its
threshold determination based upon the changed or clarified proposal. If a proposal
continues to have one or more probable significant adverse environmental impacts, even
with mitigation measures, an EIS shall be prepared. The county's indication under this
section that a DS appears likely shall not be construed as a determination of significance.
Likewise, the preliminary discussion of clarifications or changes to a proposal shall not bind
the county to a mitigated DNS.
4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a
MDNS as provided in this subsection and in WAC 197-11-350, based on conditions attached to
the proposal by the responsible official or on changes to or clarifications of the proposal made
by the applicant.
a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS
shall be deemed conditions of approval of the permit decision, and may be enforced in the
same manner as any term or condition of the permit. The county may incorporate
implementation or enforcement provisions in the MDNS and require performance
guarantees.
b) If the tentative county decision on a permit or approval does not include mitigation
measures that were incorporated in a MDNS, the county shall evaluate the threshold
determination to assure consistency with WAC 197-11-340(3)(a) (i.e., withdrawal of a
DNS).
5) The responsible official shall provide for prompt and coordinated review by government
agencies and the public on compliance with applicable environmental laws and plans, including
mitigation for specific probable significant adverse impacts arising from the project that have
not been considered and addressed at the plan or development regulation level. The county
may clarify or change features in their own proposal, and may specify mitigation measures in
their DNSs, as a result of comments by other agencies or the public or as a result of additional
agency planning (see WAC 197-11-350).
6) Durations of comment periods are as provided in _ICC 18.40.780. At the end of the comment
period the threshold determination becomes final unless retained, modified, or withdrawn, and
the appeal period begins.
7) Preparation of EIS.
a) Preparation of the draft environmental impact statement (DEIS) and final environmental
impact statement (FEIS) and supplemental environmental impact statement (SEIS) are the
responsibility of the county under the direction of the responsible official. Before the county
issues an EIS the responsible official must be satisfied that it complies with this article and
with Chaptcrchapter 197-11 WAC. When a DS is issued, an opportunity willshall be provided
to comment on the scope of the EIS that w+ shall be developed.
b) The DEIS, FEIS or SEIS willshall be prepared by the county or by a consultant in
accordance with county procedures established for consultant selection. If the county
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requires an EIS for a proposal and the responsible official determines that a consultant
willshall prepare the EIS, the applicant shall be so notified immediately after completion of
the threshold determination.
c)The county may require an applicant to conduct specific investigations and to provide
information the county does not possess. The applicant is not required to supply
information for the purpose of EIS preparation if such information is not required under this
article.
d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is
prepared in a responsible manner. The county shall:
i) Initiate and coordinate scoping and ensure that the consultant receives all
substantive information submitted through the scoping process;
ii) Assist the consultant in obtaining information from applicants; and
iii) Direct the content and organization of the EIS.
e) The responsible official shall maintain procedures for preparation of EISs in accordance
with the above.
8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff
recommendations to any appropriate decision-making body (e.g., the hearing examiner).
9) The county shall not take any action on the project permit application until the SEPA appeal
period has lapsed.
10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810.
Ord. 8-06 § 1]
18.40. 770 Substantive authority.
1) The county may attach conditions to a permit or approval for nonexempt actions pursuant
to WAC 197-11-660; provided, that:
a)The conditions are necessary to mitigate probable significant adverse environmental
impacts identified in environmental documents prepared pursuant to this code and
Chaptcrchapter 197-11 WAC;
b) Such conditions are in writing;
c)The mitigation measures included in such conditions are reasonable and capable of
being accomplished;
d) The responsibility to implement the mitigation measures are imposed only to the extent
attributable to the identified adverse environmental impacts of the applicant's proposal,
although voluntary additional mitigation may occur;
e) The county has considered whether the requirements of the Jefferson County
Comprehensive Plan and development regulations adopted to implement the Plan, as well
as other local, state, and federal laws or rules, provide adequate analysis of and mitigation
for probable significant adverse environmental impacts of the project proposal; and
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f) Such conditions are based on one or more policies in subsection (3) of this section.
2) The county may deny a permit or approval for nonexempt actions pursuant to WAC 197-11-
660; provided, that:
a) A finding is made that approving the proposal would be likely to result in probable
significant adverse environmental impacts that are identified in an FEIS or final SEIS
prepared pursuant to this code and Chaptcrchapter 197-11 WAC;
b) A finding is made that there are no reasonable mitigation measures capable of being
accomplished that are sufficient to mitigate the identified impact;
c)The denial is based on one or more policies set forth in subsection (3) of this section.
3) The county designates and adopts by reference the following county plans, ordinances and
policies as the basis for exercise of county authority pursuant to this article:
a) The county adopts by reference the policies in the following Jefferson County plans and
ordinances:
i) The Jefferson County Comprehensive Plan, as now exists or may hereafter be
amended;
ii)The Jefferson County Shoreline Master Program, as now exists or may hereafter be
amended;
iii) This Unified Development Code, as now exists or may hereafter be amended;
iv) The Jefferson County building code, Chaptcrchapter 15.05 JCC, as now exists or
may hereafter be amended;
v) The Jefferson County flood damage protection ordinance, Chaptcrchapter 15.15
JCC, as now exists or may hereafter be amended;
vi) The Jefferson County stormwater management ordinance, JCC 18.30.070, as now
exists or may hereafter be amended;
vii) The Jefferson County Road, Traffic and Circulation Standards, as they now exist or
may hereafter be amended;
viii) The Secretary of the Interior's Standards for Rehabilitating Historic Buildings; and
ix) All other county plans, ordinances, regulations and guidelines adopted after the
effective date of this Unified Development Code.
b) The policies enumerated in RCW 43.21C.020.
c) The county further designates and adopts the following policies as the basis for its
exercise of authority pursuant to this article. The county shall use all practicable means,
consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs and resources to the end that the state and its citizens may:
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i) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
ii) Assure for all people of the state of Washington and Jefferson County a safe,
healthful, productive and aesthetically and culturally pleasing surrounding;
iii) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety, or other undesirable and unintended consequences;
iv) Preserve important historic, cultural and natural aspects of our national heritage;
v) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources; and
vi) Achieve a balance between population and resource use, which willshall permit a
high quality of life for all residents of Jefferson County. [Ord. 8-06 § 1]
18.40.780 Public notice and comment.
1) When the responsible official makes a threshold determination and issues a DNS or MDNS
under WAC 197-11-340(2), the lead agency shall not act upon a proposal for fourtccn 14 days
after the date of issuance. The responsible official shall send the DNS and environmental
checklist to agencies with jurisdiction, the department of ecology, and affected tribes, and each
local agency or political subdivision whose public services would be changed as a result of
implementation of the proposal, and shall give notice as set forth in JCC 18.40. 210.
As an alternative, the responsible official shall may utilizeuse the"optional DNS process"
pursuant to WAC 197-11-355. Under this process, where the county is the lead agency for a
project and the responsible official has a reasonable basis for determining significant adverse
environmental impacts are unlikely, it shall use a single integrated 14-day comment period to
obtain comments on the notice of application and the likely threshold determination for the
proposal. When the"optional DNS process" is used,Thcrc there will-1beis no second comment
period when-following issuance of the DNS or MDNS-is-issued.
a) The notice of application shall contain the information regarding the optional DNS
process as set forth in JCC 18.40.190(11), and shall be noticed as set forth in JCC
18.40.210. The notice of application and environmental checklist shall be sent to agencies
with jurisdiction, the Department of Ecology, affected tribes, and each local agency or
political subdivision whose public services would be changed as a result of the
implementation of the proposal, as well as anyone requesting a copy of the environmental
checklist for the specific proposal.
b) For Type II projects, the threshold determination shall be issued concurrently with the
notice of the administrator's decision on the underlying project, as further set forth in JCC
18.40.300(3).
c) For Type III projects, the notice of the threshold determination shall be issued
concurrently with the notice of public hearing on the underlying project before the hearing
examiner.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
d) If the county indicates on the notice of application that a DNS or MDNS is likely, an
agency with jurisdiction may assume lead agency status during the comment period on the
notice of application pursuant to WAC 197-11-355(3) and 197-11-948.
e) Type I projects that are not categorically exempt from SEPA shall be subject to notice of
application and comment period provisions of JCC 18.40.150 through 18.40.220, as well as
the notice requirements of this section.
f) If a DS is made concurrent with the notice of application, the DS and scoping notice
shall be combined with the notice of application; provided, however, that the DS/scoping
notice may be issued before the notice of application (RCW 36.706.110). If sufficient
information is not available to make a threshold determination when the notice of
application is issued, the DS may be issued later in the review process (WAC 197-11-
310(6)). If the responsible official issues a DS under WAC 197-11-360(3), the responsible
official shall state the scoping procedure for the proposal in the DS, as required by WAC
197-11-408, by publishing notice in the official county newspaper.
2) If the county issues a DEIS under WAC 197-11-455(5), FEIS under WAC 197-11-5460, or
SEIS under WAC 197-11-620, notice of availability of the documents shall be given by
publishing notice in the official county newspaper; by notifying groups which have expressed
interest in a certain proposal being considered; by notifying the news media; by sending notice
to agency mailing lists; and by other means deemed appropriate by the responsible official.
3) The applicant shall be responsible for all costs of the public notice requirements under this
article.
4) Comment periods begin with the publication of notice as provided in this section. Comments
must be received within:
a) Fourteen calendar days for a DNS or MDNS;
b) Twenty-one calendar days for a DS and scoping notice. Pursuant to WAC 197-11-
408(2)(a)(iii), the date of issuance for purposes of computing this comment period shall be
the date the DS is sent to the Department of Ecology and other agencies with jurisdiction
and is made publicly available; and
c)Thirty calendar days for a DEIS.
5) (A) If the DNS process is utilized per WAC 197-11-340, the SEPA notice shall state the
following:
a) This shall be the only opportunity to comment on the environmental impacts of the
proposal.
b) Unless the Responsible Official withdraws the threshold determination pursuant to
WAC 197-11-340(3)(a), the threshold determination shall be final at the end of the comment
period.
c) Agencies and interested parties shall be notified if the threshold determination is
withdrawn"T~_ . .._;bl_ _"_,l _h`ll _.a__timcl. __......_nts
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
B) If the optional DNS process is utilized per WAC 197-11-355, on the notice of application
acid the responsible official shall either issue a DNS or MDNS after the comment period with no_
additional comment period using the procedures set forth in Article IV of this chapter and this
article; or issue a DS; or require additional information or studies prior to making a threshold
determination. A copy of the DNS, or mitigated DNS or modified DNS shall be sent to agencies
with jurisdiction, the Department of Ecology, those who commented, and anyone requesting a
copy. A copy of the environmental checklist need not be recirculated.
6) A DNS or MDNS becomes final at the end of the comment period unless the determination is
modified or withdrawn by the responsible official. Appeals of a SEPA threshold determination
shall follow procedures in JCC 18.40.810.
detcrmina of.
commence.
7) Notice for public hearings shall be given consistent with this section and JCC 18.40.230, and
may be combined with other notice(s). [Ord. 8-06 § 1]
18.40.790 Public hearings and meetings.
1) If a public hearing on the proposal is held under some other requirement of law, the hearing
shall be open to consideration of the environmental impact of the proposal, together with any
environmental document that is available. This does not require extension of the comment
periods for environmental documents.
2) In all other cases a public hearing on the environmental impact of a proposal shall be held
whenever one or more of the following situations occur:
a) The county determines that a public hearing would assist it in meeting its responsibility
to implement the purposes and policies of SEPA and its implementing rules;
b) When 100 or more persons who reside within the county, or who would be adversely
affected by the environmental impact of the proposal, make written request to the lead
agency within 30 calendar days of issuance of the DEIS; or
c) When two or more agencies with jurisdiction over a proposal make written request to
the lead agency within 30 calendar days of the issuance of the DEIS.
3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no
earlier than 15 calendar days from the date the DEIS is issued, and not later than 50 calendar
days from its issuance. Notice shall be given as set forth in JCC 18.40.780(6).
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Chapter I8.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
4) Whenever a public hearing is held under subsection (2) of this section, it shall be open to
discussion of all environmental documents and any written comments that have been received
by the county prior to the hearing. A copy of the environmental document shall be available at
the public hearing.
5) Comments at public hearings should be as specific as possible (see WAC 197-11-550).
6)The county may hold informal public meetings or workshops. Such gatherings may be more
flexible than public hearings and are not subject to the above notice and similar requirements
for public hearings.
7) Public meetings held under Chaptcrchapter 36.70E RCW may be used to meet SEPA public
hearing requirements so long as the requirements of this section are met. A public hearing
under this section need not be an open record hearing as defined in RCW 36.70B.020(3). [Ord.
8-06 § 1]
18.40.800 Critical areas.
1) Actions identified as categorically exempt from SEPA under JCC 18.40.750(1) shall remain
exempt under SEPA even when located in one or more of the critical areas classified,
designated and mapped under Chaptcrchapter 18.22 JCC. A threshold determination shall not
be required for actions identified as categorically exempt.
2) Actions located in one or more critical areas that are categorically exempt from review
under this article, and which require issuance of a permit or approval under this code or any
other applicable county ordinance or regulation, shall be reviewed, and as necessary,
conditioned or denied to assure consistency with the protection standards contained in
Chaptcrchapter 18.22 JCC. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.810 Appeals.
1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations
on Type I permit decisions may not be appealed administratively to the hearing examiner.
2) Appeal of a Threshold Determination for Type II Permits— Open Record Hearing. The
decision of the responsible official on Type II permits making a threshold determination of a
DNS or MDNS, approving a proposal subject to conditions, or denying a proposal under SEPA's
substantive authority may be appealed to the hearing examiner pursuant to 3CC 18.40.280,
Chaptcrchapter 2.30 JCC, and the Hearing Examiner Rules of Procedure for an open record
appeal hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b),
and must be consolidated with any appeal on the underlying Type II permit decision.
3) Appeal of a Threshold Determination for Type III Permits — Open Record Hearing. The
decision of the responsible official on Type III permits making a threshold determination of a
DNS, approving a proposal subject to conditions, or denying a project under SEPA's substantive
authority may be appealed to the hearing examiner pursuant to 3CC 18.40.280, Chaptcrchapter
2.30 JCC, and the Hearing Examiner Rules of Procedure. The open record public hearing on the
SEPA appeal shall be before the hearing examiner, who shall consider the appeal together with
the decision on the project application in a single, consolidated hearing as further set forth in
Article IV of this chapter.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the
responsible official on Type V decisions (other than a DS) may not be appealed to the hearing
examiner.
5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a
DS it shall not be appealable. In addition, issues relating to the adequacy of the EIS and other
procedural issues may not be appealed under this article.
6) Who May Appeal. An applicant or other party of record, as defined in Chaptcrchapter 18.10
JCC, may file a SEPA appeal as provided in this article.
7)Time to Appeal Administrative Decisions. A written statement appealing the threshold
determination must be filed within 14 calendar days after the notice of decision is issued.
8) Form of Appeal. A person or group appealing the decision of the responsible official shall
submit a written appeal in the form and manner set forth in Chaptcrchapter 2.30 JCC and the
Hearing Examiner Rules of Procedure.
9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible
official's decision, and shall enter findings and/or conclusions into the record to support the
decision. In making the decision, the hearing examiner shall give deference to and afford
substantial weight to the decision of the responsible official.
10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the
underlying permit decision, appeals under this article shall be commenced within such time
period. The county shall give official notice stating the date and place for commencing an
appeal.
a) Optional Limitation Period. If there is no time period for appealing the underlying
government action, the county, applicant for or proponent of an action may use a notice of
action pursuant to RCW 43.21C.075 and 43.21C.080. The notice shall describe the action
and state time limitations for commencing a challenge to that action, in a form substantially
similar to that provided in WAC 197-11-990. The notice shall be published by DCD,
applicant or proponent pursuant to RCW 43.21C.080, and any action to set aside, enjoin,
review or otherwise challenge any such governmental action shall be commenced within 21
days from the date of the last newspaper publication of the notice of action, as further set
forth in RCW 43.21C.080.
b) Exemption. This article does not apply to decisions made pursuant to Chaptcrchapter
90. 58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation measures
pertaining to projects subject to Chaptcrchapter 90.58 RCW shall be made to the Shoreline
Hearings Board along with the appeal of the county's shoreline decision, as further set forth
in Chaptcrchapter 90.58 RCW. In addition, as an alternative dispute resolution process, any
SEPA appeal, whether involving a shoreline issue or not, may be made to the Shoreline
Hearings Board upon the consent of the parties to the action, as further set forth in RCW
43.21C.075(7).
11) Violations and Penalties. The administrator is authorized to enforce the provisions of this
article whenever he or she determines that a condition exists in violation of this article or permit
issued hereunder. All violations of any provisions of this article, incorporated standard or permit
issued pursuant to this article are made subject to the provisions of JCC Title 19 JCC, which
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Ordinance Attachment A-Jefferson County Code Page 60/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
provides for voluntary correction, notice and orders to correct the violation, stop work, and
assessment of civil penalties.
12) Public Nuisance. All violations of this article are determined to be detrimental to the public
health, safety and welfare and are public nuisances, and may be corrected by any reasonable
and lawful means, as further set forth in JCC Titic title 19 JCC.
13) Alternative Remedies. As an alternative to any other judicial or administrative remedy
provided in this article or by law or ordinance, any person who willfully or knowingly violates or
fails to comply with any stop work order issued pursuant to JCC Title 19 JCC is guilty of a
misdemeanor and upon conviction shall be punished as set forth in JCC 19.10.020(2). Each day
such violation or failure to comply continues shall be considered an additional misdemeanor
offense. [Ord. 11-23 § 8 (Att. A); Ord. 9-20 § 2 (Appx. B); Ord. 12-19 § 4 (Appx. C); Ord. 8-06
1]
Article XI. Development Agreements
18.40.820 Purpose.
This article establishes the mechanism under which Jefferson County may enter into
development agreements as authorized by RCW 36.706.170. A decision to enter into a
development agreement shall be made on a case-by-case basis. A development agreement may
be appropriate for large, complex or phased projects, or projects which were not contemplated
by existing development regulations or existing application procedures. [Ord. 8-06 § 1]
18.40.830 General requirements.
1) Discretion to Enter Development Agreement. A development agreement is an optional
device that may be used at the sole discretion of the county, except a development agreement
shall be required for applications for master planned resorts in accordance with JCC 18. 15.126
and major industrial developments in accordance with JCC 18.15.605.
2) Who May Enter. The property owner(s) and the county shall be parties to a development
agreement; provided, that if a proposed development is within an adopted municipal UGA, the
applicable town or city shall also be a party to the agreement. The following may be considered
for inclusion as additional parties in a development agreement: contract purchasers, lenders,
third-party beneficiaries and utility service providers.
3) Content of Development Agreements. A development agreement shall be prepared by the
applicant and shall set forth the development standards and other conditions that shall apply to
and govern the development, use and mitigation of the property subject to the agreement.
4) When Development Agreements May Be Approved. A development agreement may be
entered into prior to, concurrent with or following approval of project permits for development
of the property.
5) Consistency with Unified Development Code. The development standards and conditions set
forth in a development agreement shall be consistent with the applicable development
regulations set forth in the Unified Development Code, except in the case of a master planned
resort (which requires a site-specific Comprehensive Plan amendment), where adopted
standards may be modified by the development standards contained in the agreement, so long
as all project impacts have been adequately mitigated. However, the minimum requirements
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
related to the protection of critical areas in Chaptcrchai ter 18.22 JCC may not be varied by
adoption of any development agreement. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.840 Development standards to be addressed.
1) A development agreement shall include, but need not be limited to, one or more of any of
the following types of development controls and conditions:
a) Project elements such as permitted uses, residential and nonresidential densities, scale
and intensity of uses and/or building sizes;
b) Mitigation measures, development conditions and other requirements pursuant to
environmental review under Chapterchanter 43.21C RCW;
c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development features;
d) Roads, water, sewer, storm drainage and other infrastructure requirements;
e) Affordable housing;
f) Recreational uses and open space preservation;
g) Phasing;
h) Development review procedures, processes and standards for implementing decisions,
including methods of reimbursement to the county for review processes;
i) Other appropriate development requirements or procedures.
2) A development agreement may obligate a party to fund or provide services, infrastructure,
or other facilities. Project applicants and governmental entities may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
3) Development agreements shall:
a) Establish a process for amending the agreement;
b) Specify a termination date upon which the agreement expires;
c) Establish a vesting period for applicable standards; and
d) Reserve authority to impose new or different regulations to the extent required by a
serious threat to public health and safety. [Ord. 8-06 § 1]
18.40.850 Procedures.
1) A development agreement shall be initiated by a written request from the property owner to
the administrator of the department of community development. The request should describe
the project and the specific reasons why the project is suitable for a development agreement.
The request should identify the development standards set forth in JCC 18.40.840 that the
applicant is requesting to be included in the development agreement and any other reasonable
information requested by the county.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
2) If the administrator determines in his or her discretion that a development agreement
should be considered by the county, the property owner shall be so informed, except that
development agreements shall be required for the approval of master planned resorts in
accordance with JCC 18.15.126 and for the approval of major industrial developments in
accordance with JCC 18.15.605.
3) When a development agreement is being considered prior to project permit approvals, the
property owner shall provide the county with the same information that would be required for a
complete application for such project permits in order for the county to determine the
development standards and conditions to be included in the development agreement.
4) When a development agreement is being considered following approval of project permits,
the development standards and other conditions set forth in such project permits shall be used
in the development agreement without modification.
5) The county shall only approve a development agreement by ordinance or resolution after a
public hearing and after notice of the hearing has been given by publication in a newspaper of
general circulation. The board of county commissioners, as the legislative authority for the
unincorporated area of Jefferson County, acts upon the recommendation of the administrator
and the Jefferson County Prosecuting Attorney's Office. The board of county commissioners
may, in its sole discretion, approve the development agreement (see Table 8-1- 2 above). If the
development agreement relates to a project permit application, the provisions of
Chaptcrchapter 36.70C RCW shall apply to the appeal of the decision on the development
agreement.
6) An approved and fully executed development agreement shall be recorded with the county
auditor. [Ord. 14-18 § 4 (Exh. (3); Ord. 8-06 § 1]
18.40.860 Effect.
1) A development agreement is binding on the parties and their successors, including a city
that assumes jurisdiction through incorporation or annexation of the area covering the property
subject to the development agreement.
2) A development agreement shall be enforceable during its term by a party to the agreement.
3) A development agreement shall govern during the term of the agreement all or that part of
the development specified in the agreement and may not, unless otherwise agreed to in the
development agreement, be subject to an amendment to a local government land use
ordinance or development standard or regulation or a new local government land use ordinance
or development standard or regulation adopted after the effective date of the agreement.
4) Permits issued by the county after the execution of the development agreement shall be
consistent with the agreement.
5) Nothing in RCW 36.706.170 through 36.706.200 and Seetiensection 501, Chaptcrchapter
374, Laws of 1995, or this chapter is intended to authorize the county to impose impact fees,
inspection fees, or dedications or to require any other financial contributions or mitigation
measures except as expressly authorized by other applicable provisions of state law. [Ord. 8-06
1]
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Ordinance Attachment A-Jefferson County Code Page 63/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Pursuant to RCW 36.70B.140(2), boundary line adjustments, building and other construction
permits, or similar administrative approvals categorically exempt from environmental review
under SEPA (i.e., Chaptcrchapter 43.21C RCW), or permits/approvals for which environmental
review has been completed in connection with other project permits, are excluded from the
provisions of RCW 36.70B.060, and 36.706.110 through 36.70B.130.
2 Code reviser's note: Ord. 9-22 adds this article as Scctionsections 18.40.440 through
18.40.500. They have been editorially renumbered to avoid duplication of numbering.
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:Board of County Commissioners
FROM: Josh D. Peters,AICP,Community Development Director
Greg Ballard, Development Code Administrator
Mo-chi Lindblad, Principal Planner
Erin Martin, l'ermit Center Coordinator
DATE:December 16,2024
SUBJECT: PUBLIC HEARING and POTENTIAL ACTION:Ordinance Adoption to enact
Amendments to Jefferson County Code Chapter 18.40 Permit Application and
Review Procedures;and
POTENTIAL ACTION: Resolution Adoption for Compliance with Senate Bill 5290
STATEMENT OF ISSUE:
On November 12, 2024 the Board of County Commissioners(Board)held a workshop with the Department
of Community Development(DCD)on compliance with Senate Bill (SB)5290,concerning consolidating
local permit review processes, which was signed into law with the 2023 legislative session. SB 5290
modifies parts of RCW 36.70B Local Project Review, with new permit time period requirements going into
effect on January 1, 2025. In that workshop. the Board approved a notice of public hearing for December 16,
2024, 11:00 AM. Notice was published in the December 4 and II editions of The Leader newspaper.
Directly after the hearing,the Board may deliberate and take action on a proposed Ordinance that amends
Chapter 18.40 of the Unified Development Code(UDC, Title 18 of the Jefferson County Code)—the part of
the code that addresses Permit Application and Review Procedures/SEPA Implementation—and on a
proposed Resolution that addresses aspects of SB 5290 related to permit timelines and fees.
Attached to this agenda request are the following:
Proposed adopting ordinance with attached code amendments to Chapter 18.40 JCC in line-in/line-
out format
Alternative version of proposed changes to 18.40.430(p. 36 of Ordinance Attachment A)
representing a modified DCD recommendation based on input from Environmental Public Health
EPH)
Proposed Resolution for Compliance with Senate Bill 5290.entitled,"A RESOLUTION
RELATING TO IMPLEMENTATION OF 2SSB 5290, ADOPTING OPTIONS WITHIN
RCW 36.7013.160(IXa)THROUGH (j)TO AVOID THE PENALTY OF PERMIT FEE
REFUNDS IF THE REQUIRED TIME FRAMES ARE MISSED"
ANALYSIS:
The county's response to SB 5290 entails code changes, a Board Resolution addressing compliance,and
adjustments to permit review processes and tracking. Following is information posted on the Washington
State Department of Commerce webpage(linked below):
Local jurisdictions are responsible for implementing several new requirements.
1
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RCW 36.70B.070
Clarify determination of completeness procedural requirements.
The determination must be based on the procedural requirements as outlined on the
project permit application.
RCW 36.70B.080
Apply new default timelines for processing permits,effective January 1,2025.
65 days if no notice is required for the permit type
100 days if public notice is required for the permit type
170 days if public notice and hearings are required for the permit type
Refund application review fees up to 20% if new time periods are not met, unless
additional measures have been adopted.
Report annual permit review data. including data on compliance with the new permit
time periods—only for counties and cities subject to the requirements of the Review
and Evaluation Program, RCW 36.70A.215(often referred to the Buildable Lands
Program)and cities greater than 20,000 population within those counties.
RCW 36.7013.160
Adopt some of 10 listed measures to expedite permit review by the next comprehensive
plan update, under certain circumstances.
Adopt additional measures to expedite permit review if the local government had
adopted at least three project review and code measures more than five years earlier.
and the local government is not meeting the permit deadlines at least 50%of the time
since its most recent comprehensive plan update.
More information:
Wwl%.commerce.wa.govigrowth-management/gma-topics/local-project-review/
app.leg.wa.bov/billsummarv?BillNumber=5290&initiative—false&Year=2023
Additionally,the measures that DCD is taking to achieve compliance with SB 5290 are consistent with
Resolution 17-19 that the Board adopted in 2019, "Establishing a Joint Program of Regulatory Reform,"and
with Comprehensive Plan policies related to permit processing efficiency, such as LU-P-14.1, 14.2, and
14.3, and ED-P-8.1 and 8.2.
Finally. DCD recommends a relatively minor change from the proposed ordinance posted with the hearing
notice. See the attached alternate p. 36 of Attachment A to the adopting ordinance. The intention of the
language initially proposed was to describe typical scenarios for certain types of developed property in
which a"Limited SDR" is performed in lieu of a complete Site Development Review(SDR)that is standard
for vacant parcels. In dialog with EPH, DCD has determined that the additional language is unnecessary.
Additional changes to the Legal Lot of Record and/or SDR process may be proposed at a later date, as
needed and following consultation with EPH and other parties.
FISCAL IMPACT:
The fiscal impact of implementing SB 5290 has yet to be determined. DCD would have more information on
fiscal impact at the end of 2025. The fiscal notes prepared by the Office of Financial Management during the
2023 legislative session for SB 5290 are available here:
fnsnublic.ofm.wa.gov/FNSPublicSearcly Search/bill/5290/68
2
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RECOMMENDATION:
Conduct the public hearing. deliberate, and take final action on the proposed Ordinance and Resolution.
REVIEWED BY:
4
Mark McCauley linty Administrator Date
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