HomeMy WebLinkAboutZON2017-00010 FINDINGS DEVELOPMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT TO THE UDC ADMINISTRATOR
Re: Type II Conditional Administrative Use ) PROPOSED FINDINGS,
CONCLUSIONS,AND
RECOMMENDATIONS
File No.: MLA17-00025/ZON17-00010 )
Applicant: Jefferson County Public Works )
295312 Hwy 101
Quilcene, WA 98376
SUMMARY APPLICATION AND RECOMMENDATION
Proposal: Type II Conditional Administrative Use Permit for the installation of a 275 square foot
modular attendant office with upgrades to an existing shipping container to serve as a Household
Hazardous Waste collection station. The project entails utility improvements such as a septic tank and a
transport line to the existing septic system location onsite on the adjacent county parcel to the east. The
site is located in a susceptible aquifer recharge area, and an Aquifer Recharge Area report was submitted
by GeoEngineers on April 5, 2017. A revised report submitted on June 9, 2017 addressed the PUD well
northeast from the site and recommended a dry sump under the proposed shipping container and a paved
approach sloped to centralize any contaminate transport for spill cleanup. The project will also involve
new site lighting installation and surveillance. Three new parking spaces are proposed to serve the new
development. The proposal is SEPA exempt under WAC 197-11-800(2)(f). This project requires a Type
II Conditional "C(a)" Administrative Use Permit in accordance with Table 3-1 of the Jefferson County
Code Title 18.15.040 for a recycling collection facility in a rural residential 1:5 zone.
Project Location: Parcel Number 702-231-010, Section 23-Township 27N-Range 2W; Site address:
295312 Hwy 101, Quilcene WA 98376.
Recommendation: Approval with conditions. (Recommended conditions attached to this report).
Project Planner: Emma Bolin
BACKGROUND INFORMATION
Applicant: Jefferson County Public Works
PO Box 1220
Port Townsend,WA 98368
Representative: Gordon Ramstrom,Public Works
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Household Hazardous Waste Collection Station/Attendant Office
Site Conditions: The subject parcel(702-231-010) is approximately 15.82 acres with an additional 2.41
acre portion of the parcel to the northwest that it not adjoined. The site is currently serving as the
Quilcene Solid Waste Drop Box Facility operating on a part-time basis three afternoons a week,plus all
day Saturday. The facility receives materials and transfers them to other destinations for processing
and/or disposal. The site is relatively flat and is surrounded by a forested buffer comprised of mature
Douglas fir,Western red cedar. The parcel is zoned Rural Residential 1:5. The northern portion of the
site is a gravel pit.
Surrounding Area: The parcel to the east is zoned Rural Residential 1:5 and serves as the county road
shop and fueling station and is 9.65 acres in area.The parcels to the south and northwest are zoned Rural
Residential 1:5 and are also owned by the county. The privately-owned parcels to the southwest and north
are zoned Rural Residential 1:5 and do not appear to have any residential structures. The parcel to the
north contains a freshwater pond. The parcel to the west is zoned Rural Residential 1:5 and contains a
single family residence. An unnamed stream is mapped 200-300 feet west of the site. US Hwy 101 lies to
the south.
Site Visit: Staff conducted a site visit on May 26, 2017.
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted August 28,
1998) designates the subject parcels RR 1:5.
State Environmental Policy Act(SEPA)Review: The subject proposal is categorically exempt from
SEPA review pursuant to WAC 197-11-8OO(2)(f).
Procedural Information:
Notice of Application
• Application submitted to the Department of Community Development: April 7, 2017
• Staff determined the application substantially complete: April 27, 2017
• This application is vested under the ordinances in effect on April 7, 2017
• Notice of Application mailed to adjacent property owners& agencies: April 27, 2017
• Posting of Notices by applicant/representative: May 1, 2017
• Publication of Legal Notices: May 3, 2017 (Port Townsend-Jefferson County Leader)
Comments:
Notices were sent to adjacent property owners within 300 feet of the subject parcel. No adjacent property
owners commented.
Staff requested review and comments on the application from the following agencies:
• Jefferson PUD: Commented via Susan Porto Environmental Health,the Quilcene water system
well does not have the source water protection area shown within the GIS jMAP Critical Aquifer
Recharge Area. The area was defined in the water system plan(WSP) submitted to DCD in 2011-
but the maps were never updated. Provided a map from the WSP.
• Washington Dept. of Transportation: No comments submitted.
• Jefferson County Health Department regarding septic: CUP is consistent with the recently
approved septic permit to serve this facility.
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• Jefferson County Health Department regarding potable water review:
o As has already been discussed: the source water protection area for the Quilcene Water
System#AB292 must be updated the map of the Critical Aquifer Recharge Area GIS
system to show the susceptibility of the site for aquifer protection.
o GeoEngineers,the authors of the Aquifer Recharge Report should be informed of the
corrections and mapping updates and allow a determination of the need for any revisions
to this report that results from this information.
o GeoEngineers makes BMP suggestions on page 9 of the report and reiterates them in the
conclusions in the fourth bullet on page 11. One of the suggestions states"We suggest
that curbing be considered in the area around the drop-box to prevent spilled material
from reaching the infiltration areas." Public works has responded to that suggestions as
follows: "It is something that we have considered,but did not propose. We saw a curb as
something that would collect rainwater and become a maintenance
problem."GeoEngineers should address this further in consideration of the comment
from public works and the revisions to the GIS critical aquifer recharge area designation.
It is our opinion that all suggestions and BMP's made by this report be incorporated into
the conditions of approval.
o GeoEngineers should re-evaluate the statement in the last bullet in the conclusions
considering the updated mapping of the Critical Aquifer Recharge Area.
Resubmittal of revised plans dated June 9, 2017 and CARA report dated June 12, 2017 were
reviewed by Environmental Health with the following comments:
o After having reviewed the most recent site plan revision received 6/16/17 to BLD17-
00193 and the revised Aquifer recharge report received 6/20/17. My only comment is
that I recommend all BMP's from the Hydrogeologist report from 6/20/17 be
implemented.
• Jefferson County Health Department regarding solid waste review:
o JCPH Solid Waste requires secondary containment for any and all hazardous material
storage areas that can contain 110%of the amount of material stored. This is outlined in
the operating permit for the facility,but should also be included in the building
department's permit. This containment must be impervious, compatible with the
materials stored, and under cover. As I read it,the structure(shipping container)will be
sufficient to contain the materials. Secondary containment pallets for the oil and anti-
freeze drums should be on-hand, as well as any spill containment and cleanup materials
clearly labeled and easily accessible. Please see WAC173-350-300 and JCC 8.10.305
(6)(iv).
o As this is a limited MRW under WAC 173-350-360, it does not require a permit from the
Health Department to operate. It is included with the Solid Waste Drop Box facility as an
attachment,and not a stand-alone facility.
• Jefferson County Public Works: No comments submitted
• Jefferson County Fire Protection District#2: No problems seen by the Fire District for this
project.
• Peninsula Daily News: No comments submitted
• Port Townsend Leader: No comment submitted
• Washington Dept. of Fish and Wildlife: No comments submitted
• Washington Dept. of Health: No comments submitted
• Jefferson Transit: No comments submitted
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STAFF FINDINGS
The following presents staff findings regarding consistency of the application with the Jefferson County
Comprehensive Plan and the Jefferson County Code. Based on the findings presented below,
recommended staff conditions are included at the end of this staff report.
1. A County DCD Pre-application Conference was held on January 24,2017.
2. The Comprehensive Plan Designation for parcel 702-231-010 is Rural Residential 1:5.
3. JCC 18.15.040,Table 3-1 lists"Recycling Collection Facility"as a Conditional Administrative"C
(a)"Use within the Rural Residential designation.
4. The applicant applied for a"C(a)"use permit on April 7,2017.
5. The application was reviewed by the Jefferson County Department of Community Development
staff for the potential presence of Critical Areas under the provisions of the Unified Development
Code(UDC). After an initial Geographic Information Systems mapping review and an
investigative site inspection,the following Critical Areas were confirmed to be present on the
subject property: susceptible aquifer recharge area and special aquifer recharge protection area.
6. Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that
allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers
are geologic formations that contain sufficient saturated permeable material to yield significant
quantities of water to wells and springs. Aquifers serve as the source of drinking water within most
of the rural portions of Jefferson County.
7. Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote
rapid infiltration of recharge waters to groundwater aquifers.
8. Critical Aquifer Recharge Areas are defined as Seawater Intrusion Areas,and Special Aquifer
Recharge Protection Areas and the following land uses located within Susceptible Aquifer Recharge
Areas(1)All Industrial Land Uses(2)All Commercial Uses(3)All Rural Residential Land Uses
requiring a Discretionary Use or Conditional Use Permit(4)All Rural Residential Land Uses with
nonconforming uses that would otherwise require a Discretionary Use or Conditional Use Permit(5)
Unsewered Planned Rural Residential Developments(6) Unsewered residential development with
gross densities greater than one unit per acre. All of the above listed uses shall be subject to the
applicable requirements and standards of the Jefferson County Unified Development Code.
9. An Aquifer Recharge Area Report was submitted by Geoengineers dated April 5,2017 in
conjunction with the application to address the susceptible aquifer recharge area and detail the
hydrogeologic characteristics and subsurface conditions and indicate susceptibility and potential for
groundwater supply contamination..A revised report was submitted by Geoengineers dated June 9,
2017 to address the PUD well northeast from the site and recommended a dry sump under the
proposed shipping container and a paved approach sloped to centralize any contaminate transport
for spill cleanup.The report concluded that the proposal will have minimal,if any, impacts upon
groundwater recharge at the site.The report recommended best management practices to minimize
exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater
quality.
10. Both SARPA and susceptible aquifer recharge areas are present on the property.JCC 18.22.120
states that a recycling facility as defined in the code is prohibited if present in both a SARPA and
susceptible aquifer recharge areas. "Recycling facility"is not defined in Jefferson County Code.
The proposal meets the definition of a"recycling collection facility"because it does not process
waste materials.The intensity of this use does not merit prohibition with satisfactory submission of
the critical aquifer recharge area report by Geoengineers dated April 5,2017,along with revised
report dated June 9,2017.
11. A Building permit application has been submitted under BLD17-00193 for the shipping container
collection unit and emergency shower,BLD17-00194 for the new attendant office,and shall be
reviewed,conditioned and issued separately once conditional use approval is granted.
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12. Access to the site is existing via US Hwy 101.
13. The applicant is proposing to create or add 1,969 square feet of impervious surface and 2,551 square
feet of land disturbing activities. JCC 18.30.060 and 18.30.070 require the proposal comply with
Minimum Requirement#2(Construction Stormwater Pollution Prevention)of the Department of
Ecology Stormwater Management Manual for Western Washington to control stormwater,erosion
and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed
during construction,and in the design and operation of stormwater and drainage control systems.
14. Existing vegetation on-site is sufficient to comply with the landscaping and screening requirements
under JCC 18.30.130(2),however,as conditioned the applicant shall maintain fifteen feet of Screen
"A"landscaping along interior lot lines adjacent to any residential use and ten feet of Screen"B"
along the road frontage.
15. As this is a limited MRW under WAC173-350-360, it does not require a permit from the Health
Department to operate. It is included with the Solid Waste Drop Box facility as an attachment,
and not a stand-alone facility
16. Jefferson County determined that this proposal is categorically exempt from review under SEPA
pursuant to WAC 197-11-800(2)(f).
17. The property is located within 500 feet of real property within an area designated as Mineral
Resource Land(MRL);the project may be subject to inconveniences or discomforts arising from
such operations, including but not limited to noise,tree removal,odors, fumes,dust, smoke,the
operation of machinery, and the storage and disposal of aggregate products. One or more of the
inconveniences described may occur as a result of extraction and processing operations which are in
conformance with existing laws and regulations. Jefferson County has determined that the use of
certain real properties for mineral resource extraction and processing activities is necessary to ensure
resource availability in the County. The County will not consider to be a nuisance those
inconveniences or discomforts arising from extraction and processing operations,if such operations
are consistent with commonly accepted best management practices and comply with local,state,and
federal laws.
18. This approval is for a conditional administrative use permit for a 275 square foot attendant office and
upgrades to an existing shipping container to serve as a Household Hazardous Waste collection
station only. Any future permits on this site are subject to review for consistency with applicable
codes and ordinances,and project approval does not preclude review and conditions which may be
placed on future permits.
19. The revised site plan as submitted with the conditional use permit application for a 275 square foot
attendant office and upgrades to an existing shipping container to serve as a Household Hazardous
Waste collection station on June 9,2017 has been reviewed for consistency under the UDC,and
has been approved by Jefferson County Department of Community Development. Any
modifications,changes,and/or additions to the stamped,approved site plan dated June 26,2017 shall
be resubmitted for review and approval by Jefferson County Department of Community
Development.
REVIEW CRITERIA
Applicable Ordinances and Plans:
• Jefferson County Comprehensive Plan, adopted August 28, 1998, and as amended
• Jefferson County Code(JCC), JCC Title 18, Unified Development Code(UDC), as amended
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STAFF ANALYSIS& CONCLUSIONS
1. The following Jefferson County Comprehensive Plan Goal and Policies apply to the proposal:
LNP 16.2 Wherever practical, site essential public facilities, such as airports, large-scale
transportation facilities, state educational facilities,correctional facilities, solid waste treatment
facilities, substance abuse facilities,mental health facilities and group homes, so as to avoid
potential adverse impacts to surrounding land uses and critical areas.
Staff Comment: The site is currently serving as the Quilcene Solid Waste Drop Box Facility that
receives materials and transfers them to other destinations for processing and/or disposal. Siting the
Household Hazardous Waste collection station at this site efficiently uses public land already serving as a
county recycling facility thereby minimizing adverse impacts on surrounding land uses for a would-be
additional site. The proposal as designed avoids adverse impacts to surrounding land uses and critical
areas if the conditions in the conditional use permit are implemented. Customers will not be required to
visit two different locations to dispose of household hazardous waste and recyclables. Space is provided
for customers to drive to the site and drop off their waste. Three new parking spaces are also provided.
The site will continue to be operated on a part-time basis. There is an existing 6' tall chain link fence and
gate,which will remain in place.
ENG 2.0 Protect the quality and quantity of surface and ground water resources, and enhance and
restore them where they have been damaged.
ENP 2.1 Preserve the environmental functions of surface and ground water resources whenever
feasible, and require mitigation measures for land use activities that may adversely impact surface
and ground water.
ENP 2.6 Promote best management practices to protect surface and ground water in land use
regulations related to septic systems, forest practices, agricultural practices, industry, and other
development.
ENP 2.7 Minimize the adverse impacts of land use activities on water resources where there is a
potential for hydraulic continuity between surface and ground waters.
UTP 7.3 Identify and implement appropriate measures to ensure mitigation of adverse
environmental impacts associated with solid waste collection activities.
Staff Comment: The Aquifer Recharge Area report analyzes the potential for groundwater contamination
and identifies best management practices that are required to be implemented as a condition of the permit.
The BMP's include on-site spill response and containment equipment, employee spill response training
and emergency service coordination measures, which are currently outlined in the Jefferson County
Limited Moderate-Risk Waste Collection Facilities: Operations, Spill Management&Prevention Plans,
Volume 6. Section 8 within the plan addresses spill procedures for antifreeze, motor oils,battery acid, and
broken mercury-containing lights, which the proposed Hazardous Waste collection facility will receive.
The county holds a Solid Waste Facility Permit#SWF14-00007 issued by Jefferson County Public Health
that requires qu es compliance with this plan. The additional stormwater runoff from the approximate 1,969 of
new hard surfaces area qualifies as a small project and is required to comply with Minimum Requirement
#2 from the 2014 Department of Ecology Stormwater Manual to consider a Construction Stormwater
Pollution Prevention Plan. The proponent submitted a stormwater plan that proposes to disperse roof
rainwater into surrounding vegetation. The proponent also proposes erosion and sediment control BMP's.
The permanent and temporary stormwater plan will ensure that construction impacts do not adversely
affect surface and ground waters.
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ENG 3.0 Ensure a sustainable and safe water supply as a critical necessity for residential,
economic, and environmental needs.
ENP 3.2 Support the development and implementation of wellhead protection programs for all
public supply wells, and encourage the siting and construction of individual wells in a manner
which protects existing water users and the ground water supply.
Staff Comment: The new addition to the facility will handle moderate risk waste, which does not require
a permit to operate per WAC 173-350-360 as long as the provisions therein are followed. Accordingly,
Jefferson County Public Health commented that a Health Department permit is not required. The aquifer
area recharge report identifies a public supply well operated by Jefferson County PUD 800 feet northeast
of the site. The report states that the proposal is located within the 10-year travel time of the fixed-radius
wellhead protection area for the Quilcene School District,but because it is located 3,500 feet away and is
cross-gradient from the proposed site,potential spills or contamination at the site pose a minimal risk to
the well. The revised report discusses impacts to the Jefferson County PUD well located approximately
800 feet northeast of the proposed site with a screen approximately 165 feet below ground. The report
concludes that potential spills pose minimal risk to this well since it the well is located upgradient from
the proposal,the source aquifer is 165 feet deep, and because there are low-permeating layers of clay
between the ground surface and the source aquifer. The report states that if a spill were to occur, it would
infiltrate the highly permeable sand and gravel vertically. The nearest groundwater is in a confined
aquifer 50-70 feet below the ground surface and is protected by low-permeability layers. The report
concludes that outlined spill response,project design, and prescriptive BMP's are expected to contain the
spill before reaching the groundwater table.
UTG 7.0 Provide solid waste facilities and programs that are efficient, and which utilize
recycling to the maximum extent practicable.
UTP 7.1 Implement,to the fullest extent possible, and in descending order of priority, solid waste
management processes that reduce the waste stream, reuse waste materials,promote recycling,
provide for the separation of waste prior to incineration or landfill disposal, and provide
guidelines and strategies for disposal of all special waste types.
UTP 7.5 Provide appropriate levels of collection and recycling opportunities which will
maximize public participation, and which offer the fullest practical and economical potential for
waste materials.
Staff Comment: Jefferson County permanently closed four Rural Drop Box Facilities leaving only
the Quilcene site remaining. The proposed household waste collection station will be efficient because
customers will not need to visit a second location when dropping off recyclables and hazardous household
waste. Moreover, efficiency improves for county operations as waste retrieval at an additional location
will not be required. This efficiency promotes and boosts public participation in recycling.
2.The following sections of the Jefferson County Unified Development Code apply to the proposal:
A. Chapter 18.15.040 Allowable and Prohibited Uses.JCC 18.15.040 (Table 3-1)Allowable and
Prohibited Uses: Recycling Collection Facilities are a conditional administrative use in Rural Residential
1 DU/5 acres.
Staff Comment: The Household Hazardous Waste Collection facility requires a conditional
administrative use permit.
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B. Chapter 18.22.100 JCC -Critical Areas- Critical Aquifer Recharge Areas
(2)Those areas meeting the requirements of susceptible aquifer recharge areas(above)and which are
overlain by the following land uses as identified in this code are subject to the provisions of the protection
standards in this article:
(a)All industrial land uses;
(b)All commercial uses;
(3) Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the
Safe Drinking Water Act of 1974(Public Law 93-523);
(b) Special protection areas designated by the Washington Department of Ecology under Chapter 173-200
WAC;
(c)Wellhead protection areas determined in accordance with delineation methodologies specified by the
Washington Department of Health under authority of Chapter 246-290 WAC;
(d) Groundwater management areas designated by the Washington Department of Ecology in cooperation
with local government under Chapter 173-100 WAC.
Staff Analysis: The Department conducted a review and concluded Critical Areas on-site and in
the immediate vicinity of the proposal are Susceptible Aquifer Recharge Area and Special
Aquifer Recharge Area. As an industrial use(See Item I below for definition), the proposed
recycling facility is subject to the article provisions. The county GIS jMap did not show a Special
Aquifer Recharge Protection Area. Bill Graham commented from PUD that PUD well included in
the Water Service Plan in 2011 was not updated correctly in jMap. Due to the lacking
information,the pre-application conference meeting did not identify this as a critical area. Upon
receipt of Bill Graham's comments, county GIS updated the map. The proposal is located in both
SARPA and susceptible aquifer recharge area as verified in the updated map.
18.22.120 Critical Aquifer Recharge Areas Applicability. = SHARE
(1)The following land use activities are considered high impact land uses due to the probability and/or
potential magnitude of their adverse effects on groundwater and shall be prohibited in susceptible aquifer
recharge areas and special aquifer recharge protection areas. In all other areas of the county outside of
susceptible aquifer recharge areas and special aquifer recharge protection areas,these activities shall
require an aquifer recharge area report pursuant to this article:
...(g)Recycling facilities as defined in this code;...
JCC 18.10.180 Definitions
"Recycling center"means an area,with or without buildings,upon which used materials are separated
and processed for shipment.
"Recycling collection facilities"means neighborhood facilities for the drop-off and temporary storage of
recyclables but without waste processing.
Staff Analysis:
I) Because both SARPA and susceptible aquifer recharge areas are present on the property. "A
recycling facility as defined in the code"is prohibited.
2) "Recycling center"and"Recycling collection facilities"are distinguished by waste
processing activities associated with a"recycling center".
3) Jefferson County Code inconsistently refers to such facilities. For example, "recycling
collection facilities"(under which the proposal was reviewed), and"recycling center"are
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listed in Chapter 18.15 Table 3-1 Jefferson County Code Allowable and Prohibited Uses.
JCC 18.20.300 Recycling collection facilities and recycling centers provides performance
and use-specific standards.Neither the Allowable and Prohibited Uses table nor the
Performance Use Standards define a"recycling facility,"and a strict definition does not
exist in Jefferson County Code; therefore the level of intensity associated with a"recycling
facility" is unclear, obscuring the intent of JCC 18.22.120(1)(g).
4) This Moderate Risk Waste does not require a permit from the Health Department for
operation.
5) In accordance with JCC 18.22.120(2)above,the proposal is supported by an aquifer recharge
area report that includes mitigating conditions to ensure the proposal can prevent significant
adverse groundwater quality impacts.
The proposal is not prohibited because Recycling Facilities in(1)(g)above are not clearly and
adequately defined in the code, and because the proposal,with mitigating conditions, will not
negatively impact the CARA as demonstrated in the April 5, 2017 Aquifer Recharge Report
submitted by Geoengineers.
Future proposals will be subject to a new Critical Area review. Conditions may be added if new
Critical Areas are found on the property, or if existing Critical Area conditions change. As
conditioned through existing Jefferson County regulations, the proposal is consistent with
Chapter 18.22, JCC.
B. JCC 18.20.300 Recycling collection facilities and recycling centers
(1)Recycling Collection Facilities. Recycling collection facilities provide a neighborhood drop-off point
for temporary storage of recyclables but without processing thereof. The following standards apply to all
recycling collection facilities:
(a)Weather protection of recyclable items shall be ensured by using weatherproof containers or by
providing a roof over the storage area, where necessary to avoid adverse impacts;
Staff Analysis: The proposed Household Hazardous Waste Collection facility will upgrade an
existing shipping container. The side profile on submitted Sheet A2.2 shows that adequate
corrugated roofing will be attached.Additionally,rolling doors and cargo doors will enable
operators to close the facility. The proposed concrete apron will be sloped away from the
structure to ensure positive drainage. The apron will be sloped so that it is inverted in the center
perpendicular to the long edge to ensure routing of potential spills to a central area for cleanup.
(b) Only recyclable materials shall be collected and stored at such collection points. Except for initial
sorting and bundling, all other processing of such materials shall be conducted off-site; and
Staff Analysis: Recycling bins are hauled off site to the Jefferson County Transfer Station on
County Landfill road for sorting prior to shipping. All processing is proposed to occur off-site.
(c)All deposited material shall be contained wholly within the recycling box or facility. No litter shall be
allowed to accumulate outside the recycling box or facility. The recycling box or facility shall be kept
clean and free of odors or pests.
Staff Analysis: The Household Hazardous Waste Collection facility is self-contained to ensure
that all material will be confined to the facility. The dry sump underneath the facility will ensure
no spills or material can leach into the ground.BMP's are required in accordance with the
Geoengineers reports. Day-to-day maintenance of the collection site already ensures compliance.
As conditioned staff finds the proposal meets the above criterion.
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C.JCC 18.10.090 I definitions "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
Staff Analysis: Temporary storage of flammable or hazardous materials will occur at the
proposed Household Hazardous Waste Collection facility and must comply with Industrial site
development standards.
JCC 18.20.220 Industrial uses-Standards for site development
(1)All Industrial Uses. The following standards apply to all industrial uses as listed in Table 3-1, all
industrial uses identified in Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing
Regulations), and to those other uses determined by the administrator to be industrial uses:
(a)The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply with
all federal, state, and county safety, fire, structural, storage, and disposal standards.
Staff Analysis: As conditioned staff finds the proposal meets the above criterion.
(b)Water supplies, wastewater, and sewage disposal facilities adequate to serve the proposed use shall be
provided. Industrial wastewaters shall not be discharged into an on-site septic system and are subject to
waste discharge permit requirements established by the water quality program of the Washington
Department of Ecology.
Staff Analysis: The Department of Environmental Health reviewed the proposal and commented
that the CUP was consistent with the septic system designed to serve this facility.
(c)Retail sales and services incidental to a principally permitted use are allowable,provided:
(i)The operations are contained within the main structure which houses the primary use;
(ii)Retail sales occupy no more than 15 percent of the total building square footage;
(iii)No retail sales or display of merchandise occurs outside the structure; and
(iv)All products offered for retail sales on the site are manufactured, warehoused, or assembled on the
premises(except for products sold at colleges or technical schools).
Staff Analysis: This is not applicable to the proposal.
(d)No use shall be made of equipment or material which produces unreasonable vibration,noise, dust,
smoke,heat, glare, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining property.
Staff Analysis: As conditioned staff finds the proposal meets the above criterion.
(e) Use of a county access road or private road for access to new industrial development shall be
permitted only if the applicant demonstrates that public health, safety and welfare will be protected, and if
traffic and maintenance impacts to the private road are minimized by conditions on the permit.
Staff Analysis: Access to the site is via a US Highway. No comments were received.
(f)Development standards, including parking, visual screening and landscaping requirements, shall be as
specified in Chapter 18.30 JCC, Development Standards, for rural industrial uses and as specified in
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Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations) for urban industrial
uses, except as otherwise provided for in this chapter.
Staff Analysis: As reviewed below staff finds the proposal meets the above criterion.
D.JCC 18.30.060 Grading and excavation standards
(1) General Regulations.
(a)All grading and clearing activities shall be conducted so as to minimize potential adverse effects of
these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and
wildlife habitat, adjacent properties and downstream drainage channels.
Staff Analysis: As conditioned staff finds the proposal meets the above criterion.
(2) Drainage and Erosion Control. All grading activities shall be accomplished as follows:
(a)Design and maintain adequate buffers of undisturbed native vegetation to minimize off-site impacts
of surface water runoff, erosion, and sedimentation.
(b)Design and construct all graded surfaces that are to be revegetated so that the graded surfaces will
hold topsoil and to minimize surface runoff, erosion, and sedimentation.
(c) Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and respread over all disturbed
areas to be revegetated. Excess excavated material, if not retained on-site,must be disposed of at a
permitted site approved by the administrator.
(d)Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded
immediately on completion of the project. If erosion is probable, areas with exposed soil shall be
protected by temporary means during and following construction until seeding is established. All
disturbances should at least be revegetated with grasses and forbs; including shrubs and trees as
appropriate in the revegetation effort.Use of plant species native to the county is encouraged.
(e)Natural vegetation shall be retained to the maximum extent possible in construction and operation of
any use. All development shall ensure that soil erosion and sedimentation of drainage ways will be
controlled to prevent damage to adjoining property and downstream drainage channels and receiving
waters.
(f) Surface drainage shall not be directed to or discharged into county roads or ditches within county
rights-of-way unless approved by the county engineer.
(g)A drainage analysis shall be prepared if required by JCC 18.30.070. Drainage controls may be
required to regulate volume,peak flow and velocities of runoff water and to control pollutants, erosion,
and sedimentation if it is probable that damage could occur downstream to property or to water quality.
Such controls may include landscaping or re-establishing native vegetation,ponds, catch basins, and other
control structures.
(h)For effective long-term weed control, it is suggested that the landowner coordinate with the county
weed control board to eradicate nuisance species.
(3)Best Management Practices(BMPs). BMPs from the currently adopted Stormwater Management
Manual for Western Washington(SMM) (see JCC 18.30.070)or as specified by the county engineer shall
be employed in the control of erosion and sediment during construction,to permanently stabilize soil
exposed during construction, and in the design and operation of stormwater and drainage control systems.
Staff Analysis: The forested buffer will remain undisturbed and serve as a dispersion area for
stormwater runoff The stormwater plan requires reseeding of any disturbed areas. JCC 18.30.070
does not require a drainage analysis because it is a"small"project. As conditioned staff finds the
proposal meets the above criterion.
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E. 18.30.070 Stormwater management standards.
All new development and redevelopment must conform to the standards and minimum requirements set
by the most current version of the Washington Department of Ecology Stormwater Management Manual
for Western Washington(SMM) and obtain a stormwater management permit if required by subsection
(5) of this section. The administrator may require additional measures as indicated by the environmental
review or other site plan review.
(3)Development and Redevelopment Minimum Requirements. Development and redevelopment
meeting the criteria of subsection(1)(a)of this section shall be required to control erosion and sediment
during construction and to permanently stabilize soil exposed during construction. Such development
shall:
(a)Comply with the minimum requirements for development of small parcels in Section I-2.5 of the
SMM;
(b)Applicants for all development and redevelopment meeting the criteria for subsection(1)(a) of this
section, except for detached single-family residences and duplexes creating or adding less than 2,000
square feet and land-disturbing activities of less than 7,000 square feet, shall prepare a stormwater site
plan(or show on other diagrams being prepared for the project, if appropriate) showing:
(i)Vicinity map;
(ii)Location of the structure and its access;
(iii)All applicable setback requirements;
(iv) Location of all applicable erosion and sediment control BMPs; and
(v)Existing site features and sensitive areas.
Staff Analysis: The proposal adds 1,969 square feet of new impervious surface and 2,551 square
feet of land disturbance and must comply with Minimum Requirement#2 of the 2014 Department
of Ecology Stormwater Management Manual for Western Washington. The proposal also
submitted the required stormwater site plan, which includes satisfactory erosion and sediment
control BMP's.
F.JCC 18.30.100 Parking
(1)
(a) Off-street parking shall be established prior to occupancy of any new or expanded building or before a
change occurs in the use of an existing building. Parking space requirements shall be determined from
Table 6-2:
Recycling center 1 per 750 square feet plus 1 per employee
(b)Parking for physically handicapped needs shall be provided consistent with state standards at a rate of
not less than two percent of the total number of parking spaces, or a minimum of one parking space,
whichever is greater. Single-family residences, including duplexes, are exempt from this requirement.
Parking spaces for physically handicapped needs shall comply with ANSI 117.1-2003 (502.2 and
502.4.2). Such spaces shall be not less than 12 feet, six inches wide.
Staff Analysis: There are three parking spaces proposed,two parking spaces meet Table 6-2
requirements for the 285 square foot attendant office staffed by one employee. The third parking
spaces meets handicapped parking requirements for size and quantity.
(3)General Off-Street Parking Construction Standards.
(a)All required off-street parking shall be provided with an all-weather surface as required by the
Jefferson County department of public works.
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(b)Grading work for parking areas shall meet the requirements of the International Building Code.
Drainage and erosion or sedimentation control facilities shall be provided in accordance with JCC
18.30.060(2) and 18.30.070.
(c)Wheel stops, striping, or similar measures are required where a parked vehicle would encroach on
adjacent property,pedestrian access or circulation areas,rights-of-way, or landscaped areas.
(d)Any lighting installed in parking areas shall be consistent with the requirements of JCC 18.30.140.
(e) Off-street parking areas containing five or more spaces shall be landscaped according to JCC
18.30.130(6).
(f)The minimum parking space and aisle dimensions for the most common parking angles are shown in
Table 6-3. For parking angles other than those shown on the chart,the minimum parking space and aisle
dimensions shall be approved by the county engineer.
Table 6-3.Minimum Dimensions for Parking Stalls and Aisles
Parking Stall Curb Stall Aisle Width(E) Unit Depth(F)
Angle(A) Width(B) Length(C) Depth(D) 1-Way 2-Way 1-Way 2-Way
0 9.0 22.5 9.0 12.0 20.0 30.0 38.0
45 9.0 12.5 17.5 14.0 20.0 49.0 55.0
60 9.0 10.5 18.0 18.0 20.0 54.0 56.0
90 9.0 9.0 18.0 23.0 26.0 59.0 62.0
Staff Analysis: The two parking spaces meet dimension requirements for 90 degree angled
parking at 9' long by 18' deep. However,the aisle width measuring at 24 feet will be required to
be widened to 26 feet. As conditioned staff finds the proposal meets the above criteria.
G. 18.30.130 Landscaping/screening.
(2) General Provisions.
(a) Existing trees, vegetative plantings,undisturbed open space, and/or topographic or natural features
which meet or exceed these standards shall be considered to fulfill the landscaping or screening
requirements of this section and any other applicable reference to these screening requirements in other
sections of this code.
(5) Landscaping of Interior Lot Lines. The average width or depth of perimeter landscaping along interior
lot lines shall be provided as follows:
(a)Fifteen feet of Screen-A landscaping shall be included in all commercial, industrial, or small-scale
recreational and tourist development along any portion adjacent to a residential use or district, except as
may be varied by the administrator under subsection(2)(b) of this section.
(4) Landscaping Road Frontages. The average width or depth of perimeter landscaping along road
frontages and required locations on private property shall be provided as follows:
(a)Ten feet of Screen-B landscaping shall be provided for an industrial development.
(8)Maintenance.
(a)All landscaping and necessary support systems shall be maintained for the life of the project.
(b)All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing
condition.
(c) Landscape areas shall be kept free of trash. [Ord. 8-06 § 1]
Staff Analysis: The existing vegetation on the site is mature forest vegetation and fulfills this
requirement. As conditioned staff finds the proposal meets the above criteria.
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H.JCC 18.30.140 Lighting
(1) Exterior Lighting. Exterior lighting shall not exceed 30 feet in height from the finished grade for
commercial and industrial uses, and 20 feet for residential uses(except when such lighting is an integral
part of the building). Exterior lighting shall be energy-efficient and shielded or recessed so that direct
glare and reflections are contained within the boundaries of the parcel. Exterior lighting shall be directed
downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or
be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity,
and height to the use they are serving. Any lighting installed in parking areas shall be of direct cutoff
design so that the source is not visible from adjacent property.
Staff Analysis: As conditioned staff finds the proposal meets the above criteria.
I. JCC 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;
Staff Analysis: The proposed facility is located at the rural drop box site and will pose a minimal
additional impact in the vicinity, which includes a gravel pit, County road shop and Fueling
Station. The site is buffered by mature forest. Staff finds the proposal meets the above conditional
use criterion.
(b)The conditional use will be served by adequate infrastructure including roads, fire protection, water,
wastewater disposal, and stormwater control;
Staff Analysis: The proposed facility will be located on an existing County road accessible by the
Fire District. Potable Water is provided by PUD#1 Quilcene water system. Wastewater
improvements include a septic tank and a transport line to the existing septic system on the
adjacent county parcel to the east. Stormwater controls are adequate. Staff finds the proposal
will be served by adequate infrastructure.
(c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject
parcel;
Staff Analysis: No comments were received from adjacent property owners. The proposed
facility is benign, will not produce additional noise, or other impacts that would considered
materially detrimental. Staff finds the proposal meets the proposal meets criterion.
(d)The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions
or which unreasonably impact existing uses in the vicinity of the subject parcel;
Staff Analysis: The site produces moderate impacts to noise, dust, fumes, odors,vibrations,and
outdoor lights due to the Household Hazardous Waste Collection and Retrieval activities.
Setbacks from property lines and the forested buffer effectively block any disturbance generated
from solid waste operations. The proposal will not introduce noise, smoke, dust, fumes,
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vibrations, odors,that would unreasonably affect existing uses in the vicinity of the subject
parcel. Staff finds the proposal meets the proposal meets criterion.
(e)The location, size, and height of buildings, structures, walls and fences, and screening vegetation for
the conditional use will not unreasonably interfere with allowable development or use of neighboring
properties;
Staff Analysis: The proposal will not block views or interfere with other uses in the vicinity.
Staff finds the proposal meets the above criterion.
(f)The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to
existing and anticipated traffic in the vicinity of the subject parcel;
Staff Analysis: The site is operated on a part-time basis Monday, Wednesday, and Friday
afternoons as well as all day Saturday. Parking is provided onsite. Customers also can drive to the
respective part of the site to unload waste. Three new parking spaces are provided. No pedestrian
traffic is proposed. Staff finds the proposal meets the above criterion.
(g) The conditional use complies with all other applicable criteria and standards of this code and any other
applicable local, state or federal law; and more specifically, conforms to the standards contained in
Chapters 18.20 and 18.30 JCC;
Staff Analysis: As conditioned staff finds the proposal meets the above criterion.
(h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport
or airfield;
Staff Analysis: No airports are near the proposed site. The proposed facility will not result in the
siting of an incompatible use adjacent to an airport or airfield.
(i)The conditional use will not cause significant adverse impacts on the human or natural environments
that cannot be mitigated through conditions of approval;
Staff Analysis: Staff finds the proposal will 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;
Staff Analysis: The project is a public purpose facility. The proposal will provide the community
with a facility to dispose household waste such as fluorescent lighting, oils and anti-freeze
properly and in the same location as the recyclable materials collection. This project will enhance
convenience to the community and streamline county waste collection operations.
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
Staff Analysis: As reviewed under Section 1 of this staff report, staff finds the proposal is
consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan.
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(1)The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area.
Staff Analysis: Staff finds the public interest will not suffer substantial detrimental effects that
cannot be mitigated through conditions of approval.
J. JCC 18.40.570, Additional Conditions states, "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."
Staff Comment: No unmitigated adverse impacts have been identified. As conditioned, the
proposal is consistent with this criterion.
K. JCC 18.40.580, Use of Property Before Final Decision states, "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."
Staff Comment: As conditioned,the proposal is consistent with this criterion.
L.JCC 18.40.590,Effective Period—Expiration states the following:
a. 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 (3)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.
b. Extensions to the duration of the original permit approval are prohibited.
c. The Department of Community Development shall not be responsible for notifying the applicant of an
impending expiration.
Staff Comment: As conditioned, the proposal is consistent with this criterion.
M. JCC 18.40.600, Modification of a Conditional Use Permit states, "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 will be processed as a Type II land use
decision pursuant to JCC 18.40.270 of this Code."
Staff Comment: As conditioned,the proposal is consistent with this criterion.
N. JCC 18.40.610, Conditional Use Permit to Run with the Land states, "A conditional use permit
granted under this JCC 18.40 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."
Staff Comment: As conditioned,the proposal is consistent with this criterion.
0.JCC 18.40.620,Permit Suspension or Revocation states, "The County may suspend or revoke an
approved conditional use permit pursuant to JCC 18.50 of this Code only upon finding that:
a. The use for which the approval was granted has been abandoned for a period of at least one (1)year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
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c. The permit is being exercised contrary to the terms of approval."
Staff Comment: As conditioned,the proposal is consistent with this criterion.
I. JCC 18.40.630, Assurance Device states, "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. "
Staff Comment: None have been identified or required. The proposal is consistent with this
criterion.
RECOMMENDED CONDITIONS
1. A Building permit application(BLD17-00193 for the shipping container collection unit and
emergency shower,BLD17-00194 for the new attendant office)shall be required for construction
of the proposed facility.
2. The proposal shall comply with the recommendations of the revised Aquifer Recharge Report
submitted by Geoengineers Inc dated June 9,2017.
3. Secondary containment shall be required for all hazardous material storage areas that can contain
110%of the amount of material stored.JCPH Solid Waste requires secondary containment for all
hazardous material storage areas that can contain 110%of the amount of material stored.
Containment shall be impervious, compatible with the materials stored, and under cover.
4. Facility operations shall comply with WAC173-350 and JCC 8.10.305(6)(iv)and the operating
permit for the facility,under Solid Waste Facility Permit#SWF14-00007 issued by Jefferson
County Public Health.
5. Secondary containment pallets for the oil and anti-freeze drums shall be retained on-hand, as well
as any spill containment and cleanup materials clearly labeled and easily accessible.
6. Only recyclable materials shall be collected and stored at the subject collection point. Except for
initial sorting and bundling, all other processing of such materials shall be conducted off-site.
7. All deposited material shall be contained wholly within the recycling box or facility. No litter
shall be allowed to accumulate outside the recycling box or facility. The recycling box or facility
shall be kept clean and free of odors or pests.
8. The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply
with all federal, state, and county safety, fire, structural, storage, and disposal standards.
9. No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, heat, glare, odor, or electrical interference to the detriment of the quiet use and
enjoyment of adjoining property.
10. The proposal shall comply with the Stormwater Plan submitted and approved by the Department
of Community Development. During any construction necessary under the building permit as a
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result of review and compliance with the building code, the proponent shall implement temporary
erosion and sedimentation control BMPs as necessary to ensure that sediment does not leave the site.
Prior to final approval,the proponent shall stabilize all disturbed soils.
11. Source control best management practices such as plastic covering, mulch, temporary seeding,
and phased clearing (for example) should be used to control erosion during any necessary
construction. More examples of effective source control Best Management Practices can be
found in the Washington Department of Ecology's Stormwater Management Manual for Western
Washington(2014).
12. Parking for physically handicapped needs shall be provided consistent with state standards at a
rate of not less than two percent of the total number of parking spaces, or a minimum of one
parking space, whichever is greater. Single-family residences, including duplexes, are exempt
from this requirement. Parking spaces for physically handicapped needs shall comply with ANSI
117.1-2003 (502.2 and 502.4.2). Such spaces shall be not less than 12 feet, six inches wide.
13. All required off-street parking shall be provided with an all-weather surface as required by the
Jefferson County department of public works.
14. A minimum of 15-feet of Screen A landscaping shall be maintained along interior lot lines. A
minimum of 10-feet of Screen B landscaping shall be maintained along US Hwy 101 road
frontage.
15. All landscaping and necessary support systems shall be maintained for the life of the project. All
landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing
condition. Landscape areas shall be kept free of trash.
16. Exterior lighting shall not exceed thirty(30) feet in height from the finished grade for commercial
and industrial uses. Exterior lighting shall be energy-efficient and shielded or recessed so that
direct glare and reflections are contained within the boundaries of the parcel. Exterior lighting
shall be directed downward and away from adjoining properties and public rights-of-way. No
lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures
shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting
installed in parking areas shall be of direct cutoff design so that the source is not visible from
adjacent property.
17. No sign shall hereafter be erected or used for any purpose or in any manner except as permitted
by JCC 18.30.150.
18. Maximum building height is 35 feet.
19. The 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(3)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.
20. Extensions to the duration of the original permit approval are prohibited.
21. The Department of Community Development shall not be responsible for notifying the applicant
of an impending expiration.
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22. 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 will be processed as a Type II land use decision pursuant to JCC 18.40.270, or may
be process as a Type I permit approval under JCC 18.40.530(4) of this Code.
23. The conditional use permit 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.
24. The county may suspend or revoke the conditional use permit pursuant to JCC 18.50 of this Code
only upon finding that:
a. The use for which the approval was granted has been abandoned for a period of at least one
(1)year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
c. The permit is being exercised contrary to the terms of approval.
25. 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.
Prepared by Project Planner, Emma Bolin, June 26, 2017.
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