HomeMy WebLinkAbout09 0801 94
ORDINANCE NO. 0'1- O~O/ ' 11
JEFFERSON COUNTY ZONING CODE
REPEALING AND REPLA CIN G
THE INTERIM ZONING ORDINANCE #1-0106-92
AND #2-0127-92
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Robert Hinton, Chairperson
Richard Wojt, Commissioner
Glen Huntingford, Commissioner
JEFFERSON COUNTY PLANNING COMMISSION
Penny Henick, Chairperson
Tom Berg, Member
Don Cote, Member
Richard Broders, Member
Ralph Erickson, Member
AnOO Grahn, Member
Gary Phillips; Member
Guy Rudolph, Member
Janet Welch, Member
JEFFERSON COUNTY DEPARTMENT OF LONG RANGE
PLANNING
Steven Ladd, Director
James Holland, Senior Planner
Lesa Barnes, Assistant Planner
JEFFERSON COUNTY DEPARTMENT OF DEVELOPMENT
REVIE W
Kent Anderson, Manager
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IN THE MA TIER OF the establishment of )
a permanent zoning code ordinance )
consistent with the requirements of RCW 36.70)
replacing the Jefferson County Interim Zoning)
Ordinance, No. 1-0 106-9 as amended, and )
implementing the Jefferson County )
Comprehensive Plan. )
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IN THE BOARD OF COMMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
ORDINANCE NO.
09-0801-94
The Jefferson County Board of Commissioners enter the following. findings:
The Superior Court of the State of Washington for Clallam County issued order No. 89-2-
0064607, declaring the Jefferson County Development Code, No. 3-89, Jefferson
County's primary land use regulation, null, void, and without any effect whatever.
The Court of Appeals for the State of Washington denied Jefferson County's request for a stay
of the aforementioned court order pending appeal.
On November 4, 1991, the Boord enacted Resolution No. 105-91, declaring a three month
moratorium on all development activity formerly regulated by the Jefferson County
Development Code, No. 3-89.
On January 6, 1992. the Boord enacted the Jefferson County Interim Zoning
Ordinance, No. 1-0106-92, an emergency land use control replacing the Jefferson County
Development Code, No. 3-89, nullified by the Clallam County Superior Court Order No.
89-00646- 7, and ensuring that certain types of development activity formerly regulated by
Ordinance No. 3-89 would be reviewed to ensure consistency with the goals and policies of
the Jefferson County Comprehensive Plan.
The Jefferson County Interim Zoning Ordinance, No. 1-0106-92, was enacted by the
Board as an emergency zoning control preserving the County's planning options under the
Com prehensi ve Plan, and was to remain in effect only until the County conducted studies.
held hearings, and adopted a permanent zoning control. The ordinance was enacted pursuant to
the Washington State Planning Enabling Act, Chapter 36-70-790 RCW.
On August 2, 1993, the Boord enacted an extension of the effective duration of Ordinance
No. 1-0106-92, to December 31, 1993.
In September 1993, the County contracted with Madrona Planning and Development Services
to prepare a draft standard "euclidean" zoning code for Planning Commission review and
comment
On November 12, 1993, draft No. la of the proposed Jefferson County Zoning Code
was released for public and Planning Commission review. .
The Planning Commission scheduled public meetings to review draft la of the proposed
Jefferson County Zoning Code.
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If the Jefferson County Emergency Zoning Ordinance, No. 1-0106-92, were allowed
to lapse, the unincorporated areas of the County would not be served by any form of zoning
control, contrary to the goals and policies of the Jefferson County Comprehensive Plan.
In order to avoid widespread circumvention of the Comprehensive Plan, which would not
selVe the public health, safety and welfare, to preserve planning options for the classification,
designation and regulation of resource lands and critical areas pursuant to Chapter 36.70A
RCW, the Washington State Growth Management Act, and to ensure that unregulated
development does not overburden the existing capacity of available public services, it was
necessary to extend the effective duration of Ordinance No. 1-0106-92 until a permanent
official control can could be adopted.
On December 14, 1993, the Board enacted an extension of the effective duration of
Ordinance No. 1-0106-92, to September 1, 1994.
In early 1992 the Jefferson County Planning and Building Department gave public notice under
WAC 197-11-510 and requested written comments to identify areas to be addressed in an
Environmental Impact Statement (EIS) assessing alternative approaches to regulating land use
which would result in the adoption of a Comprehensive Plan Implementing Ordinance for the
unincorporated areas of Jefferson County.
On February 14, 1994 Jefferson County Planning and Building Department issued a Draft
Environmental Impact Statement consistent with the requirements of WAC 197-11-455
assessing the adoption of a Comprehensive Plan Implementing Ordinance.
On May 13, 1994 the Jefferson County Planning Department issued a Final Environmental
Impact Statement consistent with the requirements of WAC 197-11-460.
Between November 23, 1993 and March 2, 1994, the Planning Commission met a total of
twenty-two (22) times, in subcommittee and as a whole body, to review draft la of the
proposed Jefferson County Zoning Code; each of these twenty-two (22) meetings were
open to the public.
On March 14, 1994 the Planning Commission submitted their report to the Board. On March
29, 1994, the Board held a workshop with planning staff and the planning commission to
discuss the planning commission recommendations. At that time, the Board directed Madrona
Planning and Development Services to incorporate the planning commission's
recommendations into draft la, thereby developing a draft lb.
On April 18, 1994, Madrona Planning and Development Services presented draft Ib of the
proposed Jefferson County Zoning Code to the Board. The Board directed Madrona
Planning and Development Services to work with planning staff to develop draft 2 of the
proposed Jefferson County Zoning Code, incorporating Board and staff
recommendations. Monday, May 23, 1994 was set as the public hearing date for draft 2 of the
proposed Jefferson County Zoning Code. .
A summary of draft 2 of the proposed Jefferson County Zoning Code was reviewed by
the County Prosecuting Attorney on May 5, 1994; and was published in the Jefferson
CountylPort Townsend Leader, a newspaper of record, on May 11, 1994. The Board
conducted a public hearing on draft 2 of the proposed Jefferson County Zoning Code on
Monday, May 23, 1994.
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In response to testimony received at the public hearing, the Board directed Madrona Planning
and Development Services to work with planning staff to develop draft 2a of the proposed
Jefferson County Zoning Code.
On June 27, 1994, Madrona Planning and Development Services presented draft 2a of the
proposed Jefferson County Zoning Code to the Board. The Board considered draft 2a at
this meeting, and directed that minor corrections and revisions be made to the text of the
proposed Zoning Code. Discussion of the proposed changes was continued to the July 5,
1994 regularly scheduled meeting of the Board.
On June 29, 1994, the Washington State Court of Appeals affmned the validity of the
Jefferson County Development Code, No. 3-89. The Court's ruling reversed order No.
89-2-0064607 of the Superior Court of the State of Washington for Clallarn County which had
declared the development code null, void, and without any effect whatever.
On July 5, 1994, the Board reviewed the proposed revisions to draft 2a of the Jefferson
County Zoning Code, In addition, the Board compared and contrasted policies and
procedures contained in the Jefferson County Development Code and the proposed
Jefferson County Zoning Code. The Board directed Madrona Planning and Development
Services to analyze both documents, and prepare a comparison illustrating similarities and
differences for review at their regularly scheduled July 18, 1994 meeting.
On July 18, 1994, the Board evaluated the relative benefits of the Jefferson County
Development Code as compared to the proposed Jefferson County Zoning Code.
The Board in discussion determined that the proposed Jefferson County Zoning Code
would better serve the interests of the citizens of Jefferson County. In addition, the Board
directed that minor corrections and revisions be made to the text of the proposed Zoning Code.
Discussion of the proposed revisions was continued to the August 1, 1994 regularly scheduled
meeting of the Board.
On August 1, 1994, the Board reviewed the proposed revisions to draft 2a of the Jefferson
County Zoning Code. The Board in its review determined that adoption of the proposed
Jefferson County Zoning Code would be in the public interest, and would promote the
public health, safety and welfare of the County as a whole
NOW, THEREFORE, Be it ordained by the Board of Commissioners for Jefferson County:
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Jefferson County Zoning Code
TABLE OF CONTENTS
Statutory Authorization and Purpose 1.00 Page 1
Relationship of Zoning Code to 2.00 2
other Ordinances and Plans
Definitions 3.00 3
Establishment of Zoning Districts 4.00 16
Overlay Districts 5.00 19
Purposes of Districts - Table of Permitted Uses 6.00 20
Conditional Uses 7.00 29
Special Property Uses 8.00 33
Planned Unit Developments 9.00 37
Non-conforming Uses 10.00 43
Temporary Activities and Structures 11.00 45
Bulk and Dimensional Requirements 12.00 47
Off-street Parking and Loading Areas 13.00 53
Home Businesses 14.00 61
Sign Regulations 15.00 66
Transfer of Development Rights 16.00 72
Variances 17.00 73
Application for Zoning Reclassification 18,00 75
Administrative Authority 19.00 77
Appeals of Administrative Determinations of the 20,00 83
Department of Development Review
Expiration of Pennits 21.00 84
Violations 22.00 86
Enforcement and Remedies 23.00 87
Amending the Zoning Ordinance 24.00 89
Severability 25.00 90
Repealer 26.00 90
Effective Period 27.00 90
Adoption 28.00 91
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SECTION 1
STATUTORY AUTHORIZATION AND PURPOSE
Subsections:
1.10 . Statutory Authorization
1. 2 0 Purpo se
1.10 STATUTORY AUTHORIZATION: This Ordinance shall be known and cited as
the Jefferson County Zoning Code and is hereby part of the Jefferson County
Code. This Ordinance is adopted under the authority of RCW 36.70
1.20 PURPOSE: This Ordinance is adopted as the official land use control for the
unincorporated area of Jefferson County to:
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Promote the public.hea1th, safety and general welfare.
Direct the future growth and development of the County, consistent with the
goals, purposes, and objectives of the Jefferson County Comprehensive
Plan.
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Provide the economic, social and aesthetic advantages resulting from the
orderly planned use of land resources within the County. .
Provide defmite and precise official land use regulations for the
development of public and private property within Jefferson County.
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SECTION 2
RELATIONSHIP OF ZONING CODE TO OTHER ORDINANCES AND PLANS
Subsections:
2.10 Relationship of Zoning Code to Other Ordinances and Plans
2.20 The Comprehensive Plan
2.30 The Jefferson County - Port Townsend Shoreline Management Master
Program
2.40 Other Ordinances and Plans
2.10 RELA TION$HIP OF ZONING CODE TO OTHER ORDINANCES AND
PLANS. The Zoning Code provides standards for the use and development of land
located in Jefferson County.
2.20 THE COMPREHENSIVE PLAN: The Comprehensive Plan, and its attendant
community development plans, are established by state statute to be the basic source
of reference when evaluating development proposals. Consistent with the
requirements of RCW 36A. 70, all development regulations must implement and be
subordinate to the policies and standards of the Comprehensive Plan, and its
associated community plans. The Jefferson County Zoning Code is a regulation
containing prescriptive standards which are in conformance with policies and
standards of the Comprehensive Plan. Strict adherence to the rules procedures, and
standards established herein is required.
2.30 THE JEFFERSON COUNTY - PORT TOWNSEND SHORELINE
MANAGEMENT MASTER PROORAM: In areas of jurisdictional overlap, the
provisions of the Zoning Code shall be subordinate to the policies and performance
standards contained in the Shoreline Master Program as amended, excepting that
regulations contained within the Zoning Code that are more specific than those
found in the Shoreline Master Program shall prevail.
2.40 OTHER ORDINANCES AND PLANS: The provisions of other adopted Jefferson
County Ordinances and plans shall be subordinate to the prescriptive standards of
the Zoning Code.
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SECTION 3
DEFINITIONS
Subsections:
3.10 Definitions
3.10 DEFINITIONS: For the purposes of this Ordinance, certain words are derIDed as
follows: words in the present tense include the future tense; words in the singular
shall include the plural; the word "shall" is mandatory; the word "should" indicates
that which is recommended but not required; the word "may" is permissive.
All words in this Ordinance shall have their plain and ordinary meaning unless
otherwise defined herein below:
1.
ABANDONMENT: To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to a use or
activity during periods of remodeling, maintenance, or otherwise improving
or rearranging a facility, or during normal periods of vacation or seasonal
closure. A use or activity shall be considered abandoned if the subject use
or activity is discontinued without resumption for a period of five hundred
forty (540) consecutive days.
ACCESS ROAD: A road that links homes and properties to the larger road
system. They provide access, privacy, safety, economy, and internal
circulation throughout an area. Aesthetics and safety replace speed and
volume as the primary concerns for access roads. Access roads that are
designed to prevent through-traffic help create a sense of a neighborhood's
identity in residential areas because traffic is locally oriented
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ACCESSORY: A use, activity, structure or part of a structure which is
subordinate and incidental to the main activity or structure on the subject
property.
ACCESSORY DWELLING UNIT: A second 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 dwelling, 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 clærly
subordinate to the main dwelling.
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AD] ACENT: A lot or parcel of land that shares all or part of a common lot
line with another lot or parcel of land Properties separated by public rights-
of-way are not considered adjacent.
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AGRICULTURE: Improvements or activities associated with the growing,
cultivation, and/or harvesting of crops and livestock, and associated light
processing. Agricultural uses not associated with agricultural processing as
defined here-in shall be exempt from the provisions of this Ordinance.
AGRICULTURAL PROCESSING: Facilities and uses associated with
high-intensity agricultural activities such as grain elevators, stockyards, feed
lots, commercial slaughterhouses, rendering plants or other similar uses.
AMATEUR RADIO: The non-<:ommercial operation and use of broadcast
and/or radio transmission facilities for public or private uses. No provision
of this ordinance shall fail to confonn to the limited preemption entitled
"Amateur Radio Preemption, 101 FCC 2nd 952 (1985)"' issued by the
Federal Communication Commission.
AOUACULTURE: Improvements or activities associated with the culture
or farming of food fish, shellf1sh, or other aquatic plants or animals.
ARTERIAL. PRIMARY: A road that carries interregional traffic, such as
Port Hadlock to Port Townsend, Hood Canal or Port Ludlow. Arterials
provide the highest degree of mobility and limited access to local property.
Access is primarily limited to traffic from other arterials and collectors;
however, some direct access to abutting properties may occur in certain
situations.
ARTERIAL. SECONDARY: A road that carries traffic from collectors and
access roads to primary arterials; however, direct access to abutting
properties may occur in certain situations.
BED AND BREAKFAST INNS: A residential dwelling unit which is
constructed as, or partially or entirely converted into, an overnight lodging
facility where rooms and breakfasts are provided. The operator of the inn
shall live on the premises or in adjacent premises.
BOARD OF COMMISSIONERS: The Jefferson County Board of
Commissioners may be referred to as the "Board of Commissioners" or
"Board" .
BillLDING: Any structure used or intended for supporting or sheltering
any use or occupancy (UBC, 1991). When a use is required to be within a
building, or where special authority granted pursuant to this Ordinance
requires that a use shall be within an entirely enclosed building, then the
term "building" means one so designed and constructed that all exterior
walls of the structure shall be solid from the ground to the roof line, and
shall contain no openings except for windows and doors which are
designed so that they may be closed.
BUILDING OFFICIAL: A duly appointed officer of Jefferson County who
administers and enforces the Jefferson County Building Code Ordinance.
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BUILDING LINE: The line, parallel to the property line, that passes
through the point of the principal building nearest the front lot line.
BUFFER: An area of planted or natural vegetation, berms, fences or
structures intended to separate and partially obscure the view from off-site
at eye level.
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CERTIFICATE OF OCCUPANCY OR USE: A document issued by the
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.
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CHURCH OR PLACE OF RELIGIOUS WORSHIP: A building or
buildings intended for religious worship including ancillary activity and
improvements such as schools providing religious education, assembly
rooms, kitchen, reading room, recreation hall and may include a residence
for church staff. This definition does not include schools devoted to
primarily non religious education.
COT J ECTOR ROAD: A road that carries traffic from access roads to the
larger road system. Rural collector roads generally serve travel of primarily
intracounty rather than statewide importance and constitute those routes on
which predominant travel distances are shorter than on principal or minor
arterial routes, Collectors generally provide equal emphasis upon mobility
and land access. Direct access to. abutting properties, while not ideal, is
more appropriate than onto an arterial because of lower traffic volumes and
speeds.
COMMERCIAL USE. GENERAL: An activity that provides merchandise
or services for the consumption of the community at-large through retail
and/or wholesale outlets, including but not limited to retail shopping,
business and professional services, and transient accommodations. For
example; bakeries, banks, hardware stores, offices, restaurants, theaters,
vehicle sales and repairs, and veterinary hospitals.
COMMERCIAL USE, NEIGHBORHOOD: A commercial use whose
primary function is to serve a limited geographic market area.
Neighborhood Commercial uses serve and enhance a neighborhood or
limited residential market. These commercial uses may include, but are not
limited to, retail businesses dispensing commodities, providing professional
services or providing personal services primarily to individuals within the
neighborhood.
COMMUNICATION RELAY OR TRANSMISSION FACILITIES:
Telephone, telegraph, television, radio, cable, commercial broadcasting,
microwave, transmission or retransmission facilities and substations, and
any other communication conveyance for commercial purposes.
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1 24. COMMUNITY PLAN: A document that has been officially adopted by the
2 Board of County Commissioners as a special chapter to the Jefferson
3 County Comprehensive Plan.
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5 25. COMPREHENSNE PLAN: The Jefferson County Comprehensive Plan: A
6 Policy Guide to Growth and Develqpmen!, as may be amended.
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8 26. CONDmONAL USE: A use that would not be permitted outright generally
9 or without restriction throughout the zoning district but which, if
10 conditioned as to number, area, location, or relation to the surrounding
11 uses, would not be detrimental to public health, safety, or general welfare.
12
13 27. CONVENIENCE STORE: Any retail establishment offering for sale
14 prepackaged food products, household items, and other goods commonly
15 associated with the same and having a gross floor area of less than five-
16 thousand (5,000) square feet.
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18 28. DAY CARE FACILITY: Means an agency regularly providing care for a
19 group of children for periods of less than 24 hours. It includes the
20 following subcategories as defined by RCW 35.63:
21
22 FAMILY DA Y CARE HOME: Means a day care home for the care
23 of 10 or fewer children located in the family dwelling of the
24 provider. The home shall meet Washington State child day care
25 licensing requirements. For the purposes of this Ordinance, Family
26 Day Care Homes shall be considered a home business.
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28 MINI-DAY CARE CENTER: Means a day care facility for the care
29 of 12 or fewer children in a facility other than the family dwelling of
30 the person( s) providing the care. For the purposes of this
31 Ordinance, Mini -day Care Centers shall be considered a home
32 business.
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34 DA Y CARE CENTER: Provides for the care of 13 or more
35 children. If located in a private family residence, the portion where
36 the children have access must be separate from the family living
37 quarters, or that portion where the children have access must be
38 exclusively used for their care during the hours that the child day
39 care is operating.
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41 29. DEVELOPMENT: Any change in use, or extension of the use of the land,
42 including, but not limited to: land disturbing activities, structural
43 development. including construction, installation or expansion of a building
44 or other structure; creation of impervious surfaces; Class N - general forest
45 practices that are conversions from timber lands to other uses; subdivisions,
46 short subdivisions and binding site plans, as defmed in'RCW 58.17.020;
47 and redevelopment of an already developed site.
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49 30. DRAINAGE: The collection, conveyance, containment and/or discharge
50 of surface and stormwater runoff.
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DRAINAGE CONTROL: A pipe, swale, natural feature or man-made
improvement for the purpose of carrying and/or retaining drainage,
DWELLING UNIT: One or more rooms physically arranged so as to create
an independent housekeeping establishment for occupancy by one family
with separate toilets and facilities for cooking and sleeping.
32.
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EDUCATIONAL FACILITY: A public facility for the purpose of providing
education.
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ESSENTIAL PUBLIC FACILITIES: As required by the State Growth
Management Act, the county must create a process for identifying and siting
essential public facilities, Essential public facilities include airports, State
educational facilities, state and regional transportation facilities, state and
local COITeCtional facilities, and other facilities of a state or regional scope.
FAMILY: An individual or two or more persons related by blood or
maniage or a group of not more than 12 persons (excluding selVants) 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 hotel.
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ENERGY FACILITY: [See UTILITIES]
GRADE: is the lowest point of elevation of the finished surface of ground,
paving or sidewalk within the area between the building and the property
line or, when the property line is more than 5 feet from the building,
between the building and a line 5 feet from the building.
GRANDF A TIffiRRT> USE: [See NONCONFORMING USE]
GROUP HOME FOR THE FUNCfIONALL Y DISABLED: A dwelling
shared by four or more functionally disabled persons, including resident
staff, who live together as a single housekeeping unit and in a long-tenD,
family like environment in which staff persons provide care, education, and
participation in community activities for the residents with the primary goal
of enabling the residents to live as independently as possible in order to
reach their maximum potential, which complies with the provisions of RCW
74.29, and RCW 74.39
HAZARDOUS SUBSTANCE: Any liquid, solid, gas, sludge, including
any material, substance, product, commodity, or waste, regardless of
quantity, which exhibits any of the characteristics or criteria of hazardous
waste as described in rules adopted under RCW 70.105.
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HAZARDOUS WASTE; Those solid wastes designated by 40 CFR Part
261, and regulated as hazardous waste by the United States EPA. Any
discarded, useless, unwanted. or abandoned radioactive or non radioactive
, substances, including but not limited to certain pesticides, or any residues or
containers of such substances which are disposed of in such quantity or
concentration as to pose a substantial hazard to human health, wildlife, or
the environment because such wastes or constituents or combinations of
such wastes:
a.
Have short-lived toxic properties that may cause death, injury, or
illness or have mutagenic, teratogenic, or carcinogenic properties;
or
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Are coITosive, explosive, flammable, or may generate pressure
through decomposition or other means; or
Will persist in a hazardous fonn for several years or more at a
disposal sit~and 'Fh~ph in its r~t [~ or
c.
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Presents a significant environmental hazard and may be concentrated
by living organisms through a food chain or may affect the genetic
make-up of man or wildlife; and
is highly toxic to man or wildlife.
e.
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HAZAROOUS WASTE. MODERATE RISK: Any "solid waste" that
exhibits the characteristics of a hazardous waste but is exempt per Chapter
173-303 WAC of the State Dangerous Waste Regulations, due to the fact
that it is a Household Hazardous Waste per WAC 173-303-071 (3)(c) or
Conditionally Exempt Small Quantity Generator Waste per WAC 173-303-
070 (8).
HAZARDOUS WASTE. MODERATE RISK WASTE TREATMENT AND
STORAGE FACILITIES: A staffed and dedicated location with secondary
waste containment that is specifically built at a permanent fIXed site for the
purpose of collecting, treating, recycling, exchange, storage and/or transfer
of Moderate Risk Waste.
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HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES:
Facilities which treat and/or store hazardous wastes through such means as
containers (such as barrels or drums), above ground and underground
tanks, and waste piles and surface impoundments that will be cleaned up
and not closed as landfills. Hazardous waste treatment and storage
facilities are those facilities which require an interim of final status permit
pursuant to Dangerous Waste Regulations, Chapter 173-303-240 WAC.
These regulations apply to hazardous waste generators who produce 2.2
pounds or more of dangerous waste per month.
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HEIGHT: The vertical distance above a reference datum measured to the
highest point of the coping of a flat roof or to the deck line of a mansard
roof or the average height of the highest gable or a pitched or hipped roof.
The reference datum shall be selected consistent with the requirements as
described in the Jefferson County Building Code Ordinance.
HOME BUSINESS: An enterprise established for the purpose of
generating revenue that is located in a residential structure and/or associated
out-buildings and is subordinate to the residential use of the property.
46.
47.
INDUSTRIAL PARK: An Industrial Park is a facility which has been
designed as a coordinated environment for a variety of industrial and related
activities. An Industrial Park shall be developed or controlled by a single
ownership entity with special attention given to traffic, parking, utility
needs, aesthetics, and compatibility with sUITOunding properties. Industrial
Parks shall have appropriate master plans and/or covenants, conditions, and
restrictions as required.
INDUSTRIAL USE: Any activity that is involved in the production,
processing, manufacturing, fabrication, or assembling of goods and
materials, including the storage of material used in the industrial process.
Warehousing, wash down facilities, blacksmithing, welding, wholesale
bakery, recycling facilities and distribution centers are also considered
industrial activities.
INDUSTRIAL USE. REA VY: A use engaged in the basic processing and
manufacturing of materials or products predominantly from extracted or raw
materials, or a use engaged in storage of, or manufacturing processes using
flammable or explosive materials, or storage or manufacturing processes
that potentially involve hazardous or commonly recognized offensive
conditions. Examples include, but are not limited to: log processing
facilities, rock crushers, pulp and paper mills, bulk storage of petroleum.
products, and log storage and handling.
INDUSTRIAL USE. LIGHT: A use engaged in manufacturing, typically
having low impacts on the environment, in which articles are either
produced, assembled, finished and/or packaged from prepared materials
made at another location, or raw materials, such as premilled wood, paper,
wool, textiles, leather, cork or semi-precious metals or stones. Examples
include, but are not limited to: boat building; cabinet shops; furniture
manufacturing; the processing, packaging and storage of fish, shellfish, or
other aquatic plants or animals; the assembly of electrical appliances,
medical equipment, or sport equipment For the purposes of this defmition,
light industrial uses shall include the canning or bottling of food or
beverages for human consumption using a mechanized assembly line, and
printing plants. The incidental storage, sales and distribution of products
manufactured on-site shall be permitted
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JUNKY ARDS, WRECKING YARDS AND RECYCLING F ACIUTIES:
[See RECYCLING FACILmES]
KENNEL: An establishment in which five or more dogs more than six
months old are, for compensation, housed, groomed, bred, boarded,
trained, or sold.
LAND DISTURBING ACTIVITY: Any substantial activity that results in a
change in the existing soil cover (both vegetative and non-vegetative) and/or
the existing soil topography. Land disturbing activities include, but are not
limited to demolition, construction, clearing, grading, filling and
excavation,
LAND USE: A description of how land is used or occupied.
!ill: A fractional portion of land having fIXed boundaries, and of sufficient
area and dimension to meet the requirements of this Ordinance.
Lor AREA: The total horizontal area within the boundary lines of a lot
LOT. CORNER: A lot at the junction of and fronting on the intersection of
two or more streets.
LOT. DEPTH: The horizontal length of a straight line drawn from the
midpoint of the front property line to the midpoint of the rear property line.
LOT. IN1ERIOR: A lot fronting on one street.
LOT LINE. FRONT: Any property line of a lot which abuts a public street,
private street or dedicated vehicular access easement is considered a frontage
and shall meet the minimum front yard setback requirements of this code.
On a corner lot, or lot bounded by more than one public or private street or
dedicated easement, the front lot line shall be the lot line providing principle
access from the adjacent street.
LOT LINE. REAR: The property line of a lot that is most opposite or most
distant from the designated front lot line and that does not intersect any front
lot line. In the case of a triangular lot, it means line ten (10) feet in length
within the lot parallel to and at the maximum distance from the front lot line.
In the event that the front lot line is curved, then the rear property line shall
be assumed to be a line tangent to the front property line at its midpoint.
LOT LINE. SIDE: Any lot line that is not a front or rear lot line, or any lot
line that intersects a front lot line.
LOT. SUBSTANDARD: A lot or parcel of land that has less than the
required minimum area or width as established by the zone in which it is
located and provided that such lot or parcel was of record as a legally
created lot on the effective date of this Ordinance.
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LOT. WIDTH: The horizontal distance between side lot lines, measured at
the required front setback line, or in an irregularly shaped lot, the dimension
across the lot at the building line.
MASTER PLANNED RESORT: Land under unified control to be planned
and developed as a destination point for visitors in a single development
operation, or a definitely programmed series of development operations. A
master planned resort includes principal and accessory structures and uses
substantially related to the character and purpose of a resort community,
65.
66.
MIXED-USE DEVELOPMENT: A development in which various uses
permitted within a zoning district are combined in a single building. For
the purposes of this Ordinance, residential uses contained within a mixed-
use development shall not occupy any portion of the ground floor of any
building, excepting that accessory uses such as lobbies, which provide
service or access to residential uses shall be permitted on the ground floor.
MINERAL EXTRACTION AND PROCESSING: Activities involved in
the extraction of minerals from the earth for industrial, commercial, or
construction uses, excluding water. For the purposes of this Ordinance,
removal of solid materials from the earth is not deemed mineral extraction
until the activity collectively results in more than three (3) acres of land
being disturbed or in pit walls more than thirty (30) feet high with a slope
steeper than a 1: 1 ratio. Agriculture, road construction, mineral exploration
testing, and site preparation for construction shall not be considered as
mineral extraction and processing activities.
67.
MOTHER-IN-LAW APARTMENT: [See ACCESSORY DWELLING
UNIT] .
MULTI-FAMll.X RESIDENTIAL DEVELOPMENT: Developments
containing structures housing two (2) or more residential dwelling units.
Multi-family residential developments are those that are designed and
intended for residential occupancy in multi-family structures regardless of
the type of building or ownership in which such use occurs. Examples
include, but are not limited to: townhouses, duplexes, multiplexes,
condominiums, apartment houses, boarding houses, and lodging houses.
Accessory Dwelling Units, Le.: Mother-in-law and accessory apartments
shall not be considered multi-family residences.
NONCONFORMING OR "GRANDFATHERED" USES: A lawful use of
land that dœs not comply with the use regulations for its zoning district but
which complied with applicable regulations at the time the use was
established
OFF-STREEr PARKING: Any space specifically allocated to the parking
of motor vehicles that is not located within a public right-of-way, a travel
lane, a service drive, or any easement for public use.
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I 72. OVERLA Y DISTRICT: A specially designated zoning district containing
2 additional standards and requirements, which is applied on top of a basic
3 zoning classification.
4
5 73. PARKING SPACE: An area which is improved, maintained and used for
6 the sole purpose of temporarily accommodating a motor vehicle that is not in
7 use.
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9 74. PERMITTED USE: Any use authorized or permitted alone or in conjunction
10 with another use in a specified district and subject to the limitations and
11 regulations of that use district
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13 75. PLANNED UNIT DEVELOPMENT: A development of land that is under
14 unified control and is pÙUlned and developed as a whole in a single
15 development operation or programmed series of development stages.
16 Planned unit developments may include predetermined combinations of
17 residential, commercial and industrial uses within the project area. The
18 development may include streets, circulation ways, utilities, buildings, open
19 spaces, and other site features and improvements. Planned unit commercial
20 developments which contain three or more distinct businesses within a
21 common structure or cluster of individual structures are for the purposes of
22 this Ordinance considered a type of planned unit development.
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24 76. PLANNING ADMINISTRATOR: A duly appointed officer of Jefferson
25 County who administers and enforces the Jefferson County Zoning Code
26 Ordinance.
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28 77. PRINCIPAL BUILDING: A building in which the primary use of the lot in
29 which the building is located is conducted.
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31 78. RECREATIONAL FACILITY: Any development designed and intended
32 for day use or overnight recreational uses, operated as a business, and/or
33 operated by a nonprofit organization or public entity, including amusement
34 parks, picnic areas and campgrounds.
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36 79. RECREATIONAL VEHICLE PARK: Any lot of ÙUld upon which two or
37 more recreational vehicle sites are located, established, or maintained for
38 temporary occupancy by recreational vehicles of the general public as
39 temporary living quarters for recreation or vacation purposes. For the
40 purposes of this Ordinance, all recreational vehicles shall be licensed by the
41 State of Washington or other comparable jurisdiction as a vehicle, In
42 addition, mobile homes shall not be considered to be recreational vehicles,
43
44 80. RECREATIONAL VEHICLE PARK. SEASONAL: Those Recreational
45 Vehicle Parks that are arœed for stays of no more than 180 days
46 (cumulative) within any c endar year.
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RECREATIONAL VEHICLE PARK, TRANSIENT: Those Recreational
Vehicle Parks approved for transient stays of not more than 30 consecutive
days. These parks are "tourist oriented" and usually have recreation and
other facilities.
82.
RECYCLING FACILITIES: Any parcel of land or portion thereof, or
building, or structure commercially used for the storage, collection,
processing, purchase, or sale of wastepaper, rags, scrap metal, or other
scrap or discarded goods, materials, and machinery including junkyards,
wrecking yards. Excluded from this defmition shall be areas used for the
storage of materials or objects accumulated by the manufacturer as an
integral part of the manufacturing process, and non-commercial recycling
centers or sub-stations established for the collection of materials for
transport to a commercial recycling facility.
RETAIL SALE: The sale of merchandise, services, or commodities for use
or consumption by the immediate purchaser and not meant for resale.
83.
84.
ROAD OR VEHICULAR RIGHTS-QF- WAY: A strip of land dedicated or
conveyed for a public or private road including the adjoining area designated
for road expansion or utility purposes as specified by recorded easements,
recorded ownership instruments, or dedications.
SæOOL: A school is a building, whose primary use is as a place where
instruction is given to persons to enhance their knowledge or skills.
Buildings where instruction is given primarily on religious matters are not
deemed to be schools. For the purposes of this Ordinance, buildings
belonging to churches but used primarily for the education of children ages
5-18, Monday through Friday, shall be considered schools.
SETBACK: The minimum distance from the road right-of-way line or any
other lot line to the nearest projection of a structure placed on the property,
excluding eaves ofless than twenty four inches (24").
SIL VICUL TURE: Improvements or activities associated with the growing,
cultivation, and/or harvesting of forest products Silviculture use not
associated with silviculture processing as defined here-in shall be exempt
from the provisions of this Ordinance.
SILVICULTURE PROCESSING: Facilities and uses associated with high-
intensity silviculture activities such as commercial chippers and sawmills,
and other similar uses.
SINGLE FAMILY RESIDENCE: A dwelling unit detached from any other
dwelling unit and intended for occupation by one immediate family. For the
purposes of this Ordinance, an apartment integrated within a dwelling unit
and used by a member of the family shall not be considered to be a separate
dwelling unit.
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STRUCTURE: That which is built or constructed. A structure is an
edifice or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner, which requires
an approval.
SUBORDINATE USE: For the purpose of this ordinance, subordinate use
shall be a use which is secondary to the primary use. Subordinate uses
shall not be determined purely on a calculation of gross floor area, but shall
be determined based on the intensity and frequency of use.
TEMPORARY COMMERCIAL AND INDUSTRIAL ACTIVITIES AND
STRUCTURES: Temporary commercial and industrial activities are those
structures, facilities, or uses that occur on a seasonal or sporadic basis and
involve the processing and/or sale of commodities. Examples include, but
are not limited to: the sale of farm produce, fIrewood, fIreworks, and
Christmas trees; and, temporary rock crushing activities.
TRANSFER OF DEVELOPMENT RIGHTS: The conveyance of
development rights by deed, easement, or other legal instrument authorized
by local law to another parcel of land and the recording of that conveyance.
TRANSIENT ACCOMMODATIONS: A building or group of buildings in
which lodging or lodging and meals are provided for transient guests for
compensation. Transient accommodations include but are not limited to
cabins, resorts, hotels, motels, hostels, and campgrounds. For the
purposes of this Ordinance, transient shall be defined as being not more
than 30 consecutive days duration.
UTILmES: Fixed improvements, including structures and facilities, that
convey, generate, transit or distribute power, gas, oil, water, sewage,
surface drainage or communication signals.
VARIANCE: Approval to deviate from the requirements or procedures of
this Ordinance.
Tenninal facilities used for handling freight for
WAREHOUSING:
redistribution.
WATER-DEPENDENT USE: A use or portion of a use that cannot exist in
any other location and requires a location on the shoreline and is dependent
on the water by reason of the intrinsic nature of its operation.
WATER-RFJATED USE: A use or portion of a use which is not
intrinsically dependent on a waterfront location, but whose operation cannot
occur economically without a shoreline location. These activities
demonstrate a logIcal, functional, connection to a waterfront location.
Examples of water-related uses may include warehousing of goods
transported by water, seafood processing plants, and log storage.
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WHOLESALE SALE: The sale of materials, services, or merchandise,
primarily for the purpose of resale, manufacture, or remanufacture.
ZERO Laf LINE: The location of a building on a lot in such a manner that
one or more of the building's furthest extensions rests directly on a lot line.
101.
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SECTION 4
ESTABLISHMENT OF ZONING DISTRICTS.
Subsections:
4.10 Establishment of Zoning Districts
4.20 General Use Provisions
4.30 Official Zoning Map
4.40 Boundaries - Attesting Regulations
4.50 Boundary Interpretation
4.10 ESTABLISHMENT OF ZONING DISTRICTS: For the purposes of this
Ordinance and to carry out these regulations, Jefferson County will be hereby
divided into six classes of districts, and the specifically permitted and conditional
uses tabulated in Section 6.00.
4.20 GENERAL USE PROVISIONS: Except as herein after provided, and except
where modified by the provisions of the Shoreline Master Plan:
1.
Any building, structure, premises or land shall be used or occupied for
only the uses permitted in the district in which such building, structure,
premises, or land or part thereof is located, and then only after applying for
and securing all permits and licenses required by law and county
Ordinances.
2.
Any building, structure, premises or part thereof, shall be erected, raised,
moved, reconstructed, extended, enlarged, or altered only for the purpose
of accommodating the uses permitted in the district in which such building,
structure, or premises is located, and then only after applying for and
securing all pennits and licenses required by law and county Ordinances.
Any building, structure or portion thereof, hereafter erected shall not exceed
the height limits established for the district wherein such building or
structure is located.
3.
4.
Any building or structure hereafter built, enlarged or moved on a lot shall
confonn to the area regulations of the district in which such building or
structure is located.
a.
No lot area now existing or hereafter established shall be so reduced
or diminished that the yards, open spaces or total lot area be made
smaller than required by the Ordinance.
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b.
No yard or other open space established for any existing - or
proposed building or structure shall be considered as part of a yard
or open space of another building or structure.
No yard shall include any premises dedicated, reserved or set aside
for street purposes except as provided in this Ordinance. No yard
shall include any land condemned for or upon which notice of
condemnation has been given for public purposes.
c.
5.
A building and an accessory building shall be construed to mean the main
building and its subordinate building on the same lot
4.30 OFFICIAL ZONING MAP. The locations and boundaries of the zoning districts
shall be shown on the map entitled "Official Zoning Map, Jefferson County,
Washington." The official zoning map and all notations, references, and
amendments thereto and other information shown thereon are hereby made a part of
this Ordinance, just as if the information set forth on the map were fully described
and set out herein. The official zoning map attested by the signatures of the
County Commissioners and the Clerk of the Board, with the seal of the County
affixed, shall be kept on file in the office of the building official, and shall be
available for inspection by the public.
4.40 BOUNDARIES-ATTESTING REGULATIONS. The boundaries of such districts
are as shown upon the official zoning map, which is hereby adopted. The
provisions of this Ordinance are attested by the signatures of the County
Commissioners and the Oerk of the Board, with the seal of the County affixed, and
shall be kept on file in the office of the Oerk of the Board. Copies shall be
available for inspection by the public.
4.50 BOUNDARY INTERPRETATION. Where uncertainty exists as to the boundaries
of any zone shown upon the zoning map, the following rules shall apply:
1.
Where boundaries are indicated as approximately following the centerline of
streets or alleys or lot lines, such lines shall be construed to be such
boundaries.
2.
Where one or more boundaries intersects a lot, the location of such
boundary shall be determined by use of the scale appearing on said zoning
map and the respective portions of the parcel shall be subject to the
respective zones except as provided in item (4) of this section.
Where a public street is officially vacated or abandoned, the area comprising
suc~ v~ted street or alley shall acquire the classification of the property to
WhICh It reverts.
3.
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Whenever a zone boundary line passes through a lot of record, which
existed prior to the passage of this Ordinance the entire lot of record may be
used in accordance with the provisions of the least restrictive of the two
zones, provided that more than 50 percent of the lot of record is located
within the least restrictive of the two zones. For the purposes of boundary
interpretation the zones shall be classified in tenus of restriction as follows
(least restrictive to most restrictive): M-2, M-1, M-C, C-2, C-1, U, G.
The location of a zone boundary line passing through unplatted property
shall be defined solely by the legal description contained in the official
Zoning Maps included with this Ordinance.
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SECTION 5
OVERLA Y DISTRIcrS
Subsections:
5.10 Overlay Districts
5.20 Overlay Districts - Application of Regulations
5.30 Overlay Districts - Establishment
5.10 OVERLAY DISTRICTS: Overlay districts are established to protect, maintain, and
enhance the unique physical and cultural resources and character of the county.
5.20 OVERLA Y DISTRICTS-APPLICATION OF REGULATIONS: Property located
within an overlay district as defined in this Ordinance and shown on the official
overlay maps of the county is subject both to its zone classification regulations and
to the additional requirements imposed for the overlay district In any case where
the provisions of the overlay district conflict with the provisions of the underlying
zone, the overlay district provisions shall apply.
5.30 OVERLAY DISTRICTS - ESTABLISHMENT: Proposed overlay districts shall be
established by ordinance. The Jefferson County Board of Commissioners, after
receiving a recommendation from the Planning Commission, shall have final
decision-making authority over the establishment of an overlay district Approved
overlay districts shall become new sections of the Jefferson County Zoning Code.
Ordinances adopted prior to the establishment of this Zoning Code which regulate
specific geographic portions of the County shall be considered for the purposes of
this Ordinance to have established overlay districts.
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SECTION 6
PURPOSES OF DISTRICTS-TABLE OF PERMITTED USES
Subsections:
6.10 Purposes of Districts - Table of Pennitted Uses
6.20 Development Standards
6.10 PURPOSES OF DISTRICTS-TABLE OF PERMIITED USES. Within the
various use districts as indicated on the official zoning map of Jefferson County,
and subject to the requirements of Section 4 , no land, building, or structure shall
be used and no building or structure shall be erected which is intended or designed
to be used, in whole or in part, for any of the uses indicated in the "conditional use"
or "special property use" columns without the specific approval of the Board The
criteria of Section 7 for conditional uses and Section 8 for special property uses
shall guide the Board in granting or withholding approval. Permitted uses in the
various districts are indicated by an "I", and permitted conditional uses are
indicated by a "C" in the appropriate column of the accompanying table. Uses
subject to a special use pennit are indicated by an "I" in the "Special Use Permit"
column of the afore-mentioned table.
With the exception of conditional uses, as regulated in Section 7, and special
property uses as regulated in Section 8, only those permitted uses appearing below
are deemed to be in the interests of public health, safety, and general welfare of the
citizens of Jefferson County.
DISTRICT PURPOSE
C-l
Neighborhood Commercial District
A district whose commercial uses serve and enhance a neighborhood or
limited residential market. These commercial uses may include, but are not
limited to, retail businesses dispensing commodities, providing professional
services or providing personal services primarily to individuals within the
neighborhood.
C-2
General Commercial District
Primarily a general commercial district in which the conduct of activities
involved in the retail or wholesale buying, selling or distribution of goods
services shall be permitted Mini-stomge, transient accommodations, and
time-share developments shall be considered general commercial activities
for the purpose of this Ordinance,
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DISTRICf PURPOSE
M-l
M-2
M-C
G-l
u
Light Industrial District .
Primarily a district that allows light industrial uses as referenced and defined
in Section 3 of this Ordinance. Commercial uses which do not have an
industrial component shall not be permitted within this district.
Heavy Industrial District
Primarily for heavy industrial uses as referenced and defined in Section 3 of
this Ordinance. Commercial uses which do not have an industrial
component shall not be permitted in this zone.
Light Industrial/Commercial District
It is the purpose of this district to provide for the development of areas in
which light industrial activities, and associated commercial activities, shall
be located. Such associated commercial uses and activities include
mechanical, automotive, marine and contractorslbuilders equipment and
supplies; electrical and electronic equipment or products; warehousing and
storage of equipment; commodities and products; and, breakfast, lunch
and/or dinner establishments and convenience stores meant to support the
workers in this district. Commercial uses of a retail or general nature not
associated with an industrial use are not allowed to locate in this district
General Use District
Primarily a mixed-use district permitting agricultural and related activities,
silviculture, home businesses and residential activities.
Urban Residential
The purpose of this district is to provide for a mixed-use district which will
allow a full range of residential densities and neighborhood commercial
activities. This district is to be a buffer or transition between commercial
districts and general use districts. Mixed use buildings and multi-family
housing shall be permitted uses in this zone.
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6.00 TABLE OF PERMITTED USES.
KEY:
¡ : PERMITTED OUTRIGHT
C: PERMITTED CONDITIONALLY
DISTRICT C-1 C-2 M-1 M.2 M-c G.1 U
USE n'hood general light heavy It ¡ndu. general urban Special Use
comm. comm. indus. indus. comm. use residential Permit
Acœssory uses and structures incidental
to any permitted use and which wiD not Exempt
create a nuisance or hazard
Agricultural Processing, Heavy ¡
Airports and airfields ¡
Amateur Radio Antennas, less than sixty.five 1651 feet ¡ ¡ ¡ ¡ ¡ ¡ ¡
Amateur Radio Antennas, more than sixty-five 1651 feet C C C C C C C
Aquaculture, In an area regulated by
the ShoreHne Master Program ¡ ¡ ¡ ¡ ¡ ¡ ¡
Aquaculture, in an area not regulated by
the Shoreline Master Program ¡ ¡ ¡ ¡ ¡ C C
Bed and Breakfast inns
(up to and including 2 guest rooms) Home Business
Bed and Breakfast inns
(3 -6 guest rooms) C C C C C C C
Boat building and repair: Commercial C .¡ ¡ ¡ ¡
Cemeteries ¡
Church or place of religious worship ¡ ¡ C C C ¡
Commercial relay or transmission facilities ¡ ¡ ¡ ¡ C
Commerciaf Uses, General: uses whose
primary actMty Is the retail or
wholesale, buying, selling, or distributing
of goods and services such as:
Agencies (such as real estate
insurance, etc.) ¡
Alcoholic beverage sales (packaged) ¡
Bakeries ¡
Banks and financial institutions ¡
Boat marinas ¡
Bus stations and terminals ¡ ¡
Car wash ¡
Clinics ¡ .¡
Convenience stores ¡ ¡
Construction Yarde ¡ ¡ ¡ ¡ ¡
Dry cleaners and laundries ¡ C
Food stores ¡
Hardware stores ¡ ¡
Laboratories for research and testing ¡ I ¡
Lock and gunsmiths ¡
Lumber yards .¡ .¡
Nursery, landscape material .¡ .¡ C
Offices ¡
Pawnshops or secon<l1and stores ¡
Pharmacy or drugstore ,
Photoaraphic studios ¡ ¡
Physical culture establishments:
fitness centers, tanning salons, etc. ¡ ¡
Plumbina shoes and yards ¡ ¡
Printing, publishing and
reproduction establishments ¡ ¡
ORDINANCE
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6.00 TABLE OF PERMITTED USES.
KEY:
¡ : PERMITTED OUTRIGHT
C: PERMITTED CONDITIONALLY
DISTRICT C-1 C-2 M-1 M-2 M-C G-1 U
USE n'hood general light heavy It indu. general urban Special Use
comm. comm. indus. indus. comm. use residential Permit
General Commercial Uses. Continued
Professional Offices ¡
Redio, television repair and service ¡ ¡
Radio, television broadcasting
stations (excluding. antenna) ¡ ¡ ¡
Repair shops ¡ ¡
Restaurants ¡ C
Retail stores not otherwise
named in this list including
department stores ¡
Sign manufacture. painting and
maintenance ¡ ¡ ¡
Theaters, excluding Drive-In Theaters ¡ ¡
Theaters, Drive-In C
Undertaking establishments ¡
Vehicle sales. repair and service ¡
Veterinary hospitals ¡ C ¡
Wholesale, which may include
incidental retail outlets for only
such merchandise as is handled
at Wholesale ¡ ¡
Commercial uses (neighborhood): retail
businesses dispensing commodities,
providing professional services. or
providing personal services to the
individual, such as:
Agencies (such as real estate
insurance. etc.) ¡ ¡
Alcoholic beverage sales (packaged) ¡ ¡
Bakeries, Retail ¡ ¡
Banks and financial institutions ¡ ¡
Barbers and beauty shops ¡ ¡ ¡
Convenience stores ¡ ¡
Clinics ¡ ¡
Construction Yards ¡ ¡ ¡ ¡ ¡
Dance, Body Building, Martial Arts ¡ ¡.
Hardware stores ¡ ¡
Offices ¡ ¡
Phannacy or drugstore ¡ ¡
Professional offices ¡ ¡
Restaurants ¡ ¡
Vehicle repair and service ¡ ¡
Correctional institutions ¡
Day care
Family day care home (up to 6 charges) Home Business
Minl-day care center (up to 12 charges) Home Business
Day care center (13 or more charges) ¡ ¡ ¡ C ¡
Education institutions ¡
Energy facilities ¡
Essential public facilities and utïities ¡
ORD/NANCC
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6.00 TABlE OF PERMIITED USES.
KEY:
¡ : PERMITTED OUTRIGHT
C: PERMITTED CONDITIONALLY
DISTRICT
USE
Government buikings
Group home for the handicapped
Group home (other)
Alcoholism or drug treatment centers, work
releaee facilities for convicts or ex-convicts,
or other housing serving as an alternative
to incarceration, and detoxification centers
Hazardous waste treatment and storage
facilities
Hazardous waste treatment and storage
facilities: Moderate Riek
Home business consistent 'tIIith the
requirements of Sedion 14 of this Code
Hospitals and sanitariums (except animal
clinics and hospitals)
Industrial park
Industrial use, light
5,000 sq. ft. gross ftoor area or less
More than 5,000 sq.ft. gross floor area
Industrial uee, heavy
Kennels
Mineral extraction and proceseing
Nursing homes and boarding homes for the
aaed.
Parks, playgrounds, golf courses, recreation or
community centers, public and private
Recreational vehicle parle Seasonal
(UDto 180 day stay)
Recreational vehicle parle Transient
(up to 30 day stay)
Recycling: Low Intensity
Recvcllna: Hiah Intensity
Residences, multi-family
Residences, single family
Schools
Silviculture
Towers, antennas, and supporting etnJcture
65 ft. in height or less
More than 65ft., in he91t
Transient accommodations
(including hotels and motels~
Warehousing
Water-<lependent or water.reIated light
industrial or commercial uses located
located within the area regulated by the
Shoreline Master Program
ORDINANCE
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heavy
indus.
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general
use
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urban
residential
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C
Special Use
Permit
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6.20 DEVELOPMENT STANDARDS. Those pennitted uses locating in the several
zones shall be subject to the following development standards:
1.
BUFFER REQUIRED BETWEEN ZONING DISTRICfS: All uses
pennitted in "C", "M", and "M-C" classified zones having a common
boundary with an established residential property or a "G" zoned property
. shall have planted and maintained along such common boundaries, a buffer
area of trees, shrubs, or berming not less than eight (8) feet in height and
ten (10) feet in width for screening purposes. Existing plantings and/or
topographic or natural features which meet or exceed this standard shall be
considered to fulfill the buffer requirement Screening and buffering shall be
encouraged within areas between pennitted uses. Buffers shall not be
included in the measurement of bulk and dimensional standards established
in this ordinance.
a.
BUFFER DESIGN: Arrangements of plantings in buffers shall
provide maximum protection to adjacent properties and avoid
damage to existing plant material. Possible arrangements include
planting in parallel, serpentine, or broken rows. If planted benns
are used, the minimum top width shall be four (4) feet. and the
maximum side slope shall be 2: 1.
b.
PLANTING SPECIFICA TrONS: Plant materials shall be
sufficiently large and planted in such a fashion that a year-round
screen at least eight (8) feet in height shall be produced within two
(2) growing seasons. All plantings shall be installed according to
accepted horticultural standards.
MAINTENANCE: Plantings shall be maint4ined in a manner
appropriate for the specific plant species through the fIrst growing
season, and dead and dying plants shall be replaced during the next
growing season. Buffer areas shall be maintained and kept free of
all debris, rubbish, weeds, and tall grass.
c.
2.
INDUSTRIAL USES: Industrial uses shall be subject to the following
development standards:
a.
Arc welding, acetylene torch cutting or similar processes shall be
performed so as not to be seen from any point beyond the outside
of the property;
The storage and handling of inflammable liquids, liquefied
petroleum, gases and explosives shall comply with rules and
regulations falling under the jurisdiction of the fIre marshal, the laws
of the state and other local ordinances. Bulk storage of inflammable
liquids below ground shall be located no closer to the property line
than the greatest dimension (diameter, length, or height) of the tank;
b.
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c.
Provisions shall be made for necessary shielding or other
preventative measures against interferences occasioned by
mechanical, electrical and nuclear equipment, uses or processes with
electrical apparatus in nearby buildings or land uses;
Liquid and solid wastes, storage of animal or vegetable waste which
attracts insects or rodents or otherwise creates a health hazard shall
be prohibited. Waste products shall be screened from view at eye-
level from adjacent properties.
d.
3.
LIGHTING: Lighting, exclusive of advertising, shall conform to the
following standards:
a.
Exterior lighting for commercial and industrial uses shall not exceed
thirty feet (30') in height from the [mished grade. Exterior lighting
for residential uses shall not exceed twenty feet (20') in height from
the finished grade, excepting when such lighting is an integral part
of a building or structure. Ground level lighting is encouraged.
Lighting fixtures shall be designed and hooded to prevent the light
source from being directly visible from outside the boundaries of the
property. The intensity or brightness of all lighting, during
construction and after project completion shall not adversely affect
the use of surrounding properties or adjoining rights-of-way.
b.
c.
Exterior flashing, moving, or blinking lighting is prohibited, except
as required by local, state, or federal standards.
Where lighted signs are permitted, such illuminated devices shall be
shaded and directed so as not to provide glare toward any adjacent
properties.
d.
4.
LANDSCAPING: Multi-family, commercial, and industrial developments
located in all zoning districts shall include areas that are landscaped except,
that landscaping will not be required of heavy industrial developments
located in resource production areas when the development is sufficiently
screened from public view:
a.
LANDSCAPE PLAN REOUIRED: Unless otherwise specified by
policy, landscaping shall be an integral part of site development. A
landscape plan shall be prepared and submitted with each
application. The landscape plan shall identify existing and proposed
trees, shrubs, and ground covers; natural features such as swales;
and other landscape elements. The plan shall show where they are
or will be located and planting and/or construction details and will
clearly demonstrate how the plan will meet the performance
standards required for the proposed project.
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b.
MATERIALS: Landscaping shall primarily consist of natural
materials and vegetation and shall be continuously maintained by the
owner or lessee. Landscaping may include plant materials such as
trees, shrubs, ground covers, perennials and annuals, and othe~
material such as rocks, water, sculpture, art, walls, fences, pavIng
materials, and street furniture.
TOPSOil.. PRESERVATION: Topsoil moved during the course of
construction shall be redistributed on all landscaped surfaces and
shall be stabilized by seeding and planting.
PLANTING SPECIFICATIONS: Deciduous trees shall have at
least a two (2) inch caliper at time of planting. Size of evergreens
and shrubs shall be allowed to vary depending on setting and type of
shrub. All trees, shrubs, and ground covers shall be planted
according to accepted horticultural standards. Dead and dying plants
shall be replaced during the following growing seasons.
c.
d.
5.
OUTSIDE STORAGE: Commercial and industrial developments located in
all zoning districts shall screen from areas frequented by the general public,
all materials stored outside buildings or structures which are not for display
or immediate sale. Areas frequented by the general public shall be defined as
public streets and rights-of-ways, and other areas normally used by the
general public located adjacent to the subject property.
SCREENING AND BUFFERING: When specified by the Jefferson
County Comprehensive Plan and/or applicable community plan, multi-
family residential, commercial and industrial developments shall be screened
or buffered from suITOunding uses. Screens and buffers are intended to
mitigate incompatible visual or noise impacts.
6.
a.
All natural vegetation screens shall be sufficient to mitigate the visual
impacts of the proposed use. All newly planted vegetation shall be
sufficient to mitigate the visual impacts of the proposed use within
two (2) years of planting.
b.
Screens that include walls, fences, and/or earth berms shall be
designed and constructed to a sufficient height to mitigate impacts.
Buffer areas shall consist of planted or natural vegetation of
sufficient height and quantity to reduce visual exposure.
c.
d.
Screening and buffering areas may be included as part of the
required landscaping.
Buffers and screens shall be maintained in good condition.
e.
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NOISE: The intensity of sound emitted by any commercial or industrial
activity shall not exceed levels established by the Washington State
Department of Ecology under WAC 173-60, and by Jefferson County under
Resolution No. 67-85, "Establishment of Environmental Designations for
Noise Abatement Areas for Jefferson County."
DRAINAGE: The following standards apply to multi-family residential,
commercial, and industrial development for the control of surface drainage
and storm water run-off:
8.
a.
On-site surface drainage controls shall meet the Washington State
Department of Ecology Stormwater Management Manual and be
approved by the Jefferson County Department of Public Works.
Natural drainage-ways shall be retained unless otherwise stipulated
during project review.
b.
9.
STEEP SLOPES: Buildings or structures located in any zoning districts
shall not be developed on slopes exceeding fifteen percent (15%), unless
structural stability can be assured by a soils engineering report.
GEOLOGICALLY HAZARDOUS AREAS: Buildings or structures located
in any zoning districts shall not be developed on geologically unstable areas
unless structural stability can be assured by a soils engineering report.
10.
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SECTION 7
CONDillONAL USES
Subsections:
7.10
7.10 Conditional Uses
7.20 Application Requirements
7.30 Conditional Use Review Criteria
7.40 Conditional Use - Site Development Standards
CONDmONAL USES: Certain uses, because of their unusual size, infrequent
occUITence, special requirements, possible safety hazards or detrimental effects on
sUITounding properties and other similar reasons, are classified as conditional uses
for the purpose of this Ordinance. These uses shall be allowed within certain use
zones, as specified herein above, after obtaining a conditional use pennit granted by
the Board of Commissioners. Prior to granting such a permit, the Jefferson County
Hearing Examiner shall hold a public hearing and recommend issuance of the
permit, if it is evident that all the specified conditions for the particular use have
been satisfied. Notification of all required public hearings shall be consistent with
the requirements of Section 19 of this Ordinance.
All conditional use permits approved by the Board of Commissioners shall certify
the location, nature and extent of the conditional use, together with all conditions
imposed and any other information necessary for the issuance of the pennit
7.20 APPLICATION REOUIREMENTS: Fonns for application for conditional use
permits shall be supplied by the Department of Development Review. Such forms
shall require the following minimum infonnation:
1.
2.
Signature of applicant
Signature of landowners if other than applicant.
3.
Method of providing the development with sewage disposal, water, power,
solid waste disposal, and access.
A vicinity sketch showing the relationship of the proposed development to
existing streets and sUITounding land uses, and indicating the location of
any nearby bodies of water, wetlands, or other significant natural features.
4.
5.
A plan of the proposed use showing existing and proposed streets,
structures, open spaces, uses of each structure, parking areas, fencing,
pedestrian paths and trails, buffers, and landscaping.
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6.
Such additional information as deemed materially necessary by the
Department of Development Review to enable the Board of County
Commissioners to take action pursuant to the requirements of this section.
Upon receipt of an application for a conditional use permit, the Department
of Development Review shall review it for completeness. Upon
determination that the application is complete, the Depa¡-¡rnent of
Development Review shall forward the application to the Jefferson County
Hearing Examiner for review.
7.30.1 CONDmONAL USE REVIEW CRITERIA: In addition to the requirements
prescribed herein below, conditional uses shall not be recommended or granted
unless all of the following findings are made in the affmnative:
1.
The proposal will not materially endanger the public health, safety, or
general welfare, or generate unacceptable impacts beyond the property
boundaries.
2.
The proposal will not substantially impact the reasonable use and enjoyment
of surrounding properties.
The proposal is consistent with the overall goals and objectives of the
Comprehensive Plan and any applicable community plans.
3.
4.
The cumulative effect of approving this and similar proposals will not cause
an erosion of the purpose and intent of the Comprehensive Plan.
The character of the use is in harmony with the surrounding area: the
applicant has demonstrated that the conditional use with proposed
mitagations, will have no more impacts off-site than other uses which are
permitted with in the zoning district
5.
6.
The proposed development meets all applicable noise, odor, lighting and
buffer standards for the zone in which it is proposing to locate.
7.30.2 CONDmONAL USE REVIEW CRITERIA- MULTI-FAMILY HOUSING:
Multi-Family Housing shall be considered a conditional use only in those areas that
are zoned G-l, and are appropriately designated either Interim Urban Growth Areas
or Rural Centers as indicated in the Comprehensive Plan, Multi-Family housing
shall not be permitted in portions of the G-l zoning district located outside of
UGAs or Rural Centers.
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7.40 CONDillONAL USE - SITE DEVELOPMENT STANDARDS: Conditional uses
shall be developed consistent with the following standards:
1.
MULTI-FAMIL YRESIDENTIAL: Multi-family residential development
conditionally permitted within a zoning district shall conform with the
following site development standards:
a.
PARKING LOT DESIGN: All parking lots for multi-family
residential developments shall contain four (4) or more parking
spaces designed and shown in plan form with the following
elements: proposed and existing structures, traffic circulation,
adjoining streets, drainage, lighting, landscaping, fencing, and
screening. The plan shall be incorporated as part of the project and
site plan submittal.
ACCESS DESIGN: All ingress and egress to a parking lot
containing four (4) or more parking spaces shall be developed so
vehicles entering and leaving the parking lot are headed in a forward
motion.
b.
c.
SECURITY LIGHTING: Lighting fIXtures shall be designed and
hooded to prevent the light source from being directly visible from
outside the boundaries of the property. The intensity or brightness
of all security lighting shall not adversely affect the use of
surrounding properties or adjacent rights-of-way.
SETBACK STANDARDS: In addition to the requirements of
Section 12.00 of this Ordinance, all multi-family developments shall
confonn with the following minimum setback standards:
d.
Rear lot line:
Side Lot Lines:
e.
twenty feet (20')
each side setback should be no less than five
feet (5') the sum of the side setbacks should
be at least fifteen feet (15').
OPEN SPACE: Open space equal to fifty percent (50%) of total
gross living area shall be devoted to landscaping and/or outdoor
recreational facilities. Driveways, loading areas, maneuvering
space and parking stalls shall not be considered part of this required
space. This open space shall not be covered with impermeable
surfaces except for tennis courts, swimming pools or other similar
uses which require an impenneable surface. Conformance with this
standard shall not be required for conditional uses located within a
"C" zoning district.
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2.
MINERAL EXTRACTION AND PROCESSING: Mineral extraction and
processing uses in areas contained within a Mineral Resource Lands
overlay district shall be permitted within all roning districts provided that the
proposed use conforms with the following site development standards.
Mineral extraction and processing located in a M-2 (Heavy Industrial)
zoning district is allowed unconditionally.
a.
NOISE STANDARDS: The intensity of sound emitted by any
mineral extraction and processing activity shall not exceed levels
established by the Washington State Department of Ecology under
WAC 173-60 and 173-62, and by Jefferson County under
Resolution No. 67-85, "Establishment of Environmental
Designations for Noise Abatement Areas for Jefferson County",
when measured at the nearest property line of any sUITOunding
residential or commercial property that has been developed
NOISE ABATEMENT: All noise emitting machinery that cannot in
any other way operate below the maximum permitted noise level
shall be housed in a sound-attenuating structure, unless otherwise
stipulated in the project approval. The applicant will include sound
attenuation plans with the project application.
b.
c.
HOURS OF OPERATION: All mineral extraction and processing
uses located within three-hundred (300') feet of any pre-existing
residential use shall limit the hours of operation of noise-generating
equipment as follows:
EARLIEST START TIME:
LATEST FINISH TIME:
PERMITTED DA YS OF OPERATION:
Monday through Friday. Prohibited on weekends and national
holidays.
Hours of operation restrictions may be reduced or waived provided
that the applicant demonstrates that the property owners of the afore-
mentioned preexisting residential uses are in agreement with the
proposed change.
7 a.m.
6 p.m.
d.
BUFFERS REOUIRED: All mineral extraction and processing uses
shall develop or maintain perimeter buffer areas consistent with the
requirements of Section 6.20.1 of this Ordinance.
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SECTION 8
SPECIAL PROPERTY USES
Subsections:
8.10 Special Property Uses
8.15 Special Property Uses - Purpose
8.20 Special Property Uses - Pennitted Uses
8.30 Special Property Uses - Permit Required
8.40 Application Required
8.50 Hearing by the Hearing Examiner
8.60 Decision by Board of Commissioners
8.70 Special Property Use Permit - Criteria
8.10 SPECIAL PROPERTY USES: It is the intent of the Special Use Permit section of
the Zoning Ordinance to allow the following uses in districts from which they are
now prohibited by Section 6, or in certain districts as herein provided, where it can
be detennined that such uses are in the interest of the public health, safety and
general welfare and where such uses meet all of the applicable standards set forth
herein.
8.15
SPECIAL PROPERTY USES - PURPOSE: The purpose of this section is to allow
certain specified uses which are deemed necessary to the public convenience but are
found to possess characteristics which make impractical their being identified
exclusively with any particular zone classification as herein derIDed. Since certain
special property uses have intrinsic characteristics relating to their function or
operation which may necessitate buildings or structures associated with the special
property uses to exceed the height, bulk, dimensional, or development standards of
the zoning districts in which the special property uses may be located. the Boord
may authorize that the height. bulk, dimensional, or development standards
associated with the following special property uses be permitted to exceed those
limitations set forth in the zoning district in which such uses are located, provided
such revised height, bulk, dimensional, or development standards are consistent
with the criteria contained in Section 8.70.
8.20 SPECIAL PROPERTY USES- PERMITTED USES: The Board may permit the
following uses in districts from which they are now prohibited by this Ordinance:
1.
2.
3.
4.
5.
6.
7.
8.
Airport and airfields.
Government buildings.
Educational Institutions.
Hospitals and sanitariums (except animal clinics and hospitals.)
Nursing homes and boarding homes for the aged.
Correctional institutions.
Towers and antennas over one-hundred (100) feet in height.
Essential public facilities and utilities.
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Parks, p!aygrounds, recreation or community centers.
AlcoholIsm or drug treatment centers, detoxification centers, work release
facilities for convicts or ex -convicts, or other housing serving as an
alternative to incarceration.
Energy facilities.
Hazardous waste treatment and storage facilities.
Shelters for the transient or for the homeless.
Master planned resorts.
Solid Waste Facilities
Sewage Trea1ment Facilities
Boat Marinas
Bus Stations
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8.30 SPECIAL PROPERTY USES - PERMIT REOUIRED. Special property uses shall
be allowed within certain use zones after obtaining a Special Property Use Pennit
granted by the Board of Commissioners.
8.40 APPLICATION REOUIRED: Fonns for application for Special Property Use
Permits shall be supplied by the Department of Development Review-Permit
Center. Such fonns shall require the following minimum information:
1.
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3.
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Signature of applicant
Signature of landowners if other than applicant.
The location of adjacent utilities intended to serve the development and a
layout of existing and proposed utilities and utility easements within the
development.
A scaled vicinity map showing the relationship of the proposed development
to existing streets and surrounding land uses, and indicating the location of
any nearby bodies of water, wetlands, or other significant natural features.
The vicinity map should indicate all structures located within three hundred
feet (300') of the subject property.
A scaled site plan of the proposed use showing existing and proposed
streets, structures, open spaces, uses of each structure, parking areas,
fencing, pedestrian paths and trails, buffers, and landscaping. The site plan
shall include the following:
a.
The proposed name of the development, north point, scale,
elevation, datum, date, legal description, and names and addresses
of the applicant, engineer, surveyor, and land planner.
The basic layout of the site, lot lines, street layout and roadway
width.
b,
c.
The intended phases of development, if any.
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Finished contours at a two-foot (2') interval.
Any areas proposed to be dedicated for public facilities and use.
e.
A circulation plan indicating the proposed movement of vehicles, goods,
and pedestrians within the development and to and from adjacent public
thoroughfares. Any special engineering features and traffic regulation
devices needed to facilitate of insure the safety of this circulation shall be
shown.
Such additional information as deemed materially necessary by the
Department of Development Review to enable the Board of County
Commissioners to take action pursuant to the requirements of this section.
8.50 HEARING BY TIlE HEARING EXAMINER: Upon receipt of a completed
application for Special Property Use Permit, including an environmental
determination as may be required in Chapter 43.2lC RCW, the Hearing Examiner
shall hold a public hearing upon such application. Notification of the required
public hearing shall be consistent with Section 19 of this Ordinance. The Hearing
Examiner shall recommend issuance of the permit. if it is evident that the application
is consistent with the criteria contained in Section 8.70 of this Ordinance.
8.60 DEOSION BY THE BOARD OF COMMISSIONERS: The Jefferson County
Board of Commissioners shall have final decision-making authority over
applications for Special Property Use Permits. The Board shall review the
recommendation in a public meeting. If after review of the Hearing Examiners
recommendation the Board deems a change in the recommendations of the Hearing
Examiner necessary, the Board shall hold its own public hearing, adopt its own
findings of fact and conclusions.
All Special Property Use Permits approved by the Board of Commissioners shall
certify the location, nature and extent of the special property use, together with all
conditions imposed and any other information necessary for the issuance of the
permit
8.70 SPEGAL PROPERTY USE PERMIT - CRITERIA. A special property use permit
granted by the board shall be subject to the following criteria:
There shall be a demonstrated need for the special use within the community
at large which shall not be contrary to the public interest
The special use shall be consistent with the goals and policies of the
Comprehensive Plan, and applicable Ordinances of the County.
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The Board shall fmd that the special use shall be located, planned and
developed in such a manner that the special use is not inconsistent with the
health, safety, convenience or general welfare of persons residing or
working in the County. The Board's findings shall be concerned with, but
not limited to the following:
a.
The generation of noise, noxious or offensive emissions, or other
nuisances which may be injurious or to the detriment of a significant
portion of the County.
Availability of public services which may be necessary or desirable
for the support of the special use. These may include, but shall not
be limited to availability of utilities, transportation systems,
including vehicular, pedestrian, and public transportation systems,
and education, police and fire facilities, and social and health
services.
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c.
The adequacy of landscaping, screening, yard setbacks, open spaces
or other development characteristics necessary to mitigate the impact
of the special use upon neighboring properties.
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SECTION 9
PLANNED UNIT DEVELOPMENTS
Subsections:
9.10 Planned Unit Developments
9.15 Perniitted
9.20 Application of Regulation
9.30 Minimum Size Required
9.40 PUD - Review Criteria
9.50 Application Requirements
9.60 Hearing by the Hearing Examiner
9.70 Decision by the Boord of Commissioners
9.80 Contractual Agreement
9.85 Protective Covenants
9.90 Minimum Development Standards,
9.10 PLANNED UNIT DEVELOPMENTS: It is the intent and purpose of Planned Unit
Developments (PUD) to permit the establishment of developments of a planned unit
nature which poses a higher degree of aesthetic and environmental quality than
might be achieved otherwise through strict adherence to the regulations of this
Ordinance, while avoiding significant adverse influences upon adjacent property.
The PUD process is intended to provide flexibility in the application of certain
zoning regulations and thereby promote a harmonious variety of uses within each
PUD, realizing economies of shared services and facilities, and creating a safe,
aesthetic and healthful living and shopping environment
9.15 PERMI 1 T1:ID: A PUD, when approved in accordance with this Section, may be
permitted without the customary division into individual lots, or without specific
compliance to the regulations of the existing zone. Development standards of this
Section shall, as applied to an approved PUD, supersede those of the existing zone.
9.20 APPLICATION OF REGULATION: In addition to the uses permitted in the
underlying district any other use as previously designated in Section 6 may be
permitted, provided that the proposed use is consistent with the criteria in Section
9.40.
Individual uses and structures in a PUD district need not comply with the specific
building location, height. building size, floor area, lot size and configuration,
setback, and open space requirements of the underlying basic district provided that
the spirit and intent of such requirements are complied with in the total development
plan consistent with the criteria as established in 9.40.
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9.30 MINIMUM SIZE REQUIRED: Planned unit developments shall not be permitted
on a parcel of land less than the minimum specified for the following zones:
"G" zoning districts:
"M-C" zoning districts:
"c" zoning districts::
"M" zoning districts:
9.9 acres
4.9 acres
4.9 acres
4.9 acres
9.40 PUD - REVIEW CRITERIA: The applicant for a PUD shall demonstrate
compliance and consistency with all of the following criteria. In addition to the
minimum standards of this Ordinance, the comprehensive plan and all other
applicable state and ,:ounty regulations:
The following facilities must exist prior to, or be developed concurrently with, the
PUD:
1.
The PUD shall provide sufficient facilities and services which may be
necessary, appropriate, or desirable for the support of the development.
The PUD shall be designed and arranged to relate to surrounding properties
and to minimize adverse impacts of noise, traffic and incompatible land
uses. The PliO shall promote compatibility among land uses within the
development and adjacent to the development.
2.
3.
The PUD shaH be designed and situated to minimize alteration of significant
natural features such as wetlands, streams, ravines, large rocks, mountains,
steep cliffs, locally significant plant species as designated by the 1991
Jefferson County Audubon Society survey, lakes and other water bodies,
and other similar natural features.
4.
The PUD shaH result in a positive contribution to the community which
could not be achieved through standard platting and zoning procedures. The
PUD shall demonstrate that the benefits and improved design of the
proposed development justify the variation from the normal requirements of
this Ordinanœ through the application of the planned unit development
overlay district.
The PUD shall be consistent with the intent and regulations, contained
within this section.
5.
6.
The PUD shall be consistent with the goals and policies of the Jefferson
County Comprehensive Plan and applicable Community Plans, and any
other applicable statutes, Ordinances, plans, or programs.
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9.50 APPLICATION REQUIREMENTS: An application for PUD approval shall
consist of plans at a scale of one (1) inch equal to one hundred (100) feet or larger,
and shall include:
1.
The proposed name of the development, north point, scale, elevation,
datum, date, legal description, and names and addresses of the developer,
engineer, surveyor, and land planner.
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3.
The basic layout of the site, lot lines, street layout and roadway width.
Horizontal alignment data for all streets. V ertica1alignment data for streets
shall be submitted when requested by the Department of Public Works.
4.
A circulation plan indicating the proposed movement of vehicles, goods,
and pedestrians within the development and to and from adjacent public
thoroughfares. Any special engineering features and traffic regulation
devices needed to facilitate of insure the safety of this circulation shall be
shown.
5.
6.
The intended phases of development, if any.
Finished contours at a two-foot (2') interval.
7.
The location of adjacent utilities intended to serve the development and a
layout of existing and proposed utilities and utility easements within the
development
Any areas proposed to be dedicated for public facilities and use.
8.
9.
A landscaping plan prepared consistent with the requirements and
incorporating the development standards of Section 7.10(4) and Section
9.90(6).
9.60 HEARING BY THE HEARING EXAMINER: Upon receipt of a completed
application for Planned Unit Development, including an environmental
determination as may be required in Chapter 43.21C RCW, the Hearing Examiner
shall hold a public hearing upon such application. Notification of the required
public hearing shall be consistent with subsection 19.60 of this Ordinance. The
Hearing Examiner shall forward a report recommending approval or denial of the
application to the Board.
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9.70 DECISION BY THE BOARD OF COMMISSIONERS: The Jefferson County
Board of Commissioners shall have final decision-making authority over
applications for Planned Unit Development Upon receipt of the recommendation
of the Hearing Examiner, the Board shall review the recommendation in a public
meeting. If after review of the Hearing Examiner's recommendation, the Board
deems a change in the recommendations of the Hearing Examiner necessary, the
Board shall hold its own public hearing, adopt its own fmdings of fact and its own
analysis of the findings considered controlling. The approval of the application
shall mandate the consequent amending of the zoning map.
9.80 CONTRAcruAL AGREEMENT: The Board, in granting approval of the PUD
may attach conditions as authorized in section 9.70 and unless other arrangements
are agreed to by the County, the owners and/or developers shall be responsible for
paying the cost of construction and/or installation of all required on- and off-site
improvements. This responsibility shall be the subject of a contractual agreement
. between the owner and/or developer and the County. Such contract shall provide
that, in lieu of actual construction of the required improvements, the owners and/or
developers shall deposit a performance bond or cash deposit with the Department of
Public Works in an amount not less than the estimate of the County Engineer for the
required improvements, and provide security satisfactory to the Department of
Public Works, guaranteeing that the required improvements shall be completed in
accordance with the requirements of Jefferson County and within the time specified
in the contractual agreement
9.85
PROTECTIVE COVENANTS: The applicant or applicants shall be required to
submit a proposed declaration of covenants and restrictions or suitable alternative
mechanism to govern development within the PUD. This document or mechanism
shall be reviewed and approved by the Board as to content as well as legal fonn and
effect, at the time of consideration of the PUD.
It shall be the purpose of the aforementioned document or mechanism to insure high
aesthetic quality of structures and grounds, continuing maintenance of
development, and also to provide a mechanism allowing a degree of mutual input
regarding the regulation of continuing development character and maintenance of
the PUD. The restrictive covenants or alternate mechanism shall contain provisions
for the following:
1.
A development association shall be established with mandatory membership
for all landowners and leaseholders in the PUD. The Development
Association shall:
a.
Review and approve site plans for proposed development within the
PUD prior to submission to the County for approval;
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b.
Be given authority to require maintenance of structures,
landscaping, or other site development where individual owners or
leaseholders are not providing adequate maintenance; and
Be given other powers or duties, such as maintaining all
landscaping, etc., as may be approved by the Board.
c.
The covenants or alternative mechanism should establish standards for such
items as architectural character, allowable construction materials and
structural types, recommended landscaping, allowable signs, setbacks, and
other items; provided that no standards shall be less restrictive than the
standards specified in the applicable PUD.
Any declaration of covenants and restrictions shall run with the land and
shall be binding upon all heirs, successors, and assigns, and shall be filed
with the County Auditor prior to the issuance of any development permits
for any property within the PUD and shall inure to the benefit of the County
as well as all landowners and leaseholders in the PUD.
9.90 MINIMUM DEVELOPMENT STANDARDS: PUDs shall be developed in
conformance with the following minimum development standards:
Lars: The net residential density for a PUD shall conform with the
Jefferson County Comprehensive Plan and/or applicable community
development plan, and conform to the lot size requirements of the Health
Department and the Washington State Department of Health as provided for
on-site sewage disposal systems.
The design, shape, size, and orientation of lots shall be adequate and
appropriate to the use for which the lots are intended. Creativity in lot
layout and configuration is encouraged.
SCHOOLS AND SCHOOL GROUNDS: Applications for PUD approval
shall be reviewed in order that provisions for school and school grounds
receive adequate and appropriate consideration.
TRANSIT I SCHooLBUS STOPS: Applications for PUD approval shall
be reviewed to determine whether transit or school bus stops are necessary
to promote public access to safe and convenient travel.
SIDEWALKS. PATHWAYS AND TRAILS: Application for PUD
approval shall be reviewed in order that provisions necessary to ensure safe
walking conditions for pedestrians receive adequate and appropriate
consideration.
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5.
OPEN SPACE AND RECREATIONAL FACILITIES: Applications for
PUD approval shall provide adequate and appropriate open space and
recreational facilities for the proposed uses. Open space areas which are of
a size and type which provide a roughly proportional mitigation to open
space and recreational impacts directly attributable to the proposed project
shall be established. Open space shall be usable by PUD residents for
active and passive recreation.
6.
LANDSCAPE STANDARDS: Applications for PUD approval shall be
consistent with the landscaping requirements of Section 6.20 (4).
PROVISION OF SUFFICIENT FACILITIES AND SERVICES: The PUD
shall provide sufficient facilities and services which may be necessary,
appropriate, or desirable for the support of the development These may
include, but shall not be limited to, availability of utilities; transportation
routes of adequate size and capacity accessing the site; police, and fire
services; and social and health services,
7.
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SECTION 10
NON-CONFORMING USES
Subsections:
10.10 Non-conforming Uses
10.20 Non-conforming Signs
10.30 Non-conforming Use - Continued
10.40 Non-conforming Use - Change in Use
10.50 Non-conforming Use by Reason of Change in Ordinance
10.60 Non-conforming Use - Discontinued
10.70 Alterations and Expansions of Non-conforming Uses
10.80 Reconstruction ofa Damaged Building
10.10 NON-CONFORMING USES: Often referred to as "grandfathered", a non-
conforming use is the legal tenn for an activity and structure that exists prior to the
effective date of this Ordinance and is not in compliance with the provisions
contained herein. Non-conforming uses are legitimate uses of property and
therefore, for the purposes of this Ordinance, these activities are classified as to
their current use. In addition, these preexisting or "grandfathered" activities may be
altered, expanded or changed as provided for below.
10.20 NON-CONFORMING SIGNS: Non-conforming signs shall be regulated as set
forth in Section 15 of this Ordinance.
10.30 NON-CONFORMING USE - CONTINUED: The use of a building and/or
property lawfully existing at the time of the passage of this Ordinance may be
continued although such use does not conform to its provisions. A non-
conforming use shall not hereafter be changed to a less restrictive use.
10.40 NON-CONFORMING USE - CHANGE IN USE: A non-conforming use may be
changed to another non-conforming use of the same or more restrictive zoning
classification, provided that all applicable development standards for the proposed
use are met.
Should the proposed non-conforming use require conditional use approval,
application shall be made for a conditional use permit pursuant to Section 7.00 of
this Ordinance.
10.50 NON-CONFORMING USE BY REASON OF mANGE IN ORDINANCE:
Whenever the use of a building and/or property becomes non-conforming by reason
of a subsequent change in the Zoning Ordinance, such use may be continued
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10.60 NON-CONFORMING USE - DISCONTINUED: Should the non-conforming use
of a building and/or property be discontinued for a period of three (3) years, the use
of such building and/or property shall hereafter conform to a use permitted in the
zotring district in which it is located. The burden of proof in documenting
continued use through written record shall be on the applicant.
10.70 ALTERATIONS AND EXPANSIONS OF STRUCTURES HOUSING NON-
CONFORMING USES: The alteration of structures housing a non-conforming use
shall be subject to the applicable bulk and dimensional requirements found in
Section 12 of this Ordinance. Expansions or alterations required to meet federal or
state laws will be allowed to the extent that the alteration or expansion is limited to
that which is required to comply with the regulation.
10.80 RECONSTRUCTION OF A DAMAGED BUILDING: A non-conforming
building that is damaged or destroyed by natural, accidental, or malicious causes
may be restored or rebuilt within three (3) years from the date of damage and
remain a legal, non-conforming use. Such structures shall be devoted only to the
use that was in existence prior to the damage or destruction, unless a change of use
pursuant to Section 10.40 has been approved. The structure may be restored or
rebuilt to the same size and extent as the original structure, but shall not increase
the pre-existing degree of non-conformity of the subject property.
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SECfION 11
TEMPORARY ACTIVITIES AND STRUCTURES
Subsections:
11.10 Temporary Activities and Structures .
11.20 Temporary Activities and Structures - Application
11.30 Effectiveness of Temporary Activities and Structures Permit
11.40 Temporary Activities and Structures Permit - Locational and General Standards
11.10 TEMPORARY ACTIVITIES AND STRUCfURES: Temporary activities are
those structures, facilities, or uses that occur on a seasonal or sporadic basis and
involve the processing and/or sale of commodities. The intent of this section is to
facilitate the seasonal sale of farm produce, firewood, fireworks, and Christmas
trees.
11.20 TEMPORARY ACTIVITIES AND STRUCfURES-APPUCA TION: All persons
who wish to initiate a temporary activity or structure within all zoning districts of
the County must first apply to the Department of Development Review for a permit
granting approval, using an application form supplied by the Department of
Development Review. Temporary activities and structures shall be reviewed and
approved or denied administratively, by the Department of Development Review,
with a right of appeal to the Jefferson County Hearing Examiner pursuant to
Section 19 of this Ordinance.
11.30 EFFECTIVENESS OF TEMPORARY ACTIVITIES AND STRUCTURES
PERMIT: Following administrative approval, the temporary activity or structure
shall be permitted for a period of ninety (90) days. No later than ten (10) working
days prior to the termination of the initial ninety (90) day period, the appliænt may
fIle a written notice with the Department of Development Review requesting that the
temporary activity or structure be allowed to continue for an additional ninety (90)
days. Under no circumstances shall a temporary activity or structure be pennitted to
continue for more than one hundred eighty (180) days.
11.40 TEMPORARY ACTIVITIES AND STRUCfURES PERMIT - LOCATION AND
GENERAL STANDARDS: Temporary activities and structures may be located
within all zones when consistent with the standards set forth herein below.
1.
STRUCTURE: All temporary structures shall be removed within five (5)
days of the termination of authorized operation.
ACCESS AND CIRCULA nON: Provisions for access and circulation
shall be reviewed and approved by the Jefferson County Department of
Public Works or the Washington State Department of Transportation.
2.
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SETBACKS: Temporary activities and structures shall be setback
consistent with the district in which the activity or structure is located so as
not to create a traffic hazard.
4.
PARKING: Temporary activities and structures shall only be located where
adequate provisions for off-street parking can be accommodated.
NOISE: Noise levels generated shall not be in excess of levels allowable in
the zone that the temporary uses is locating, as per WAC 173-60, as may be
amended, incorporated by reference herein.
5.
6.
HOURS OF OPERATION: Temporary activities or structures used for the
processing and/or sale of commodities shall maintain business hours that are
not disruptive to the normal use of adjacent residential properties.
Typically, this would be during daylight hours, weekdays.
FUMES. ODORS. AND DUST: Temporary activities that create noxious
fumes, offensive odors, or excessive amount of airborne dust shall not be
permitted or should be required to meet applicable State standards.
7.
8.
TRAFFIC: Traffic resulting from temporary activities shall not adversely
affect sUlTounding properties or adjoining nghts-of way.
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SECfION 12
BULK AND DIMENSIONAL REQUIREMENTS
Subsections:
12.10 Bulk and Dimensional Requirements
12.20 Bulk, Dimensional and General Requirements
12.30 Exceptions
12.40 Setbacks and Minimum Lot Width
12.50 Road Classifications
12.10 BULK AND DIMENSIONAL REOUIREMENTS: In recognition of the varied
topography and geographical relationships within the County and with
consideration for the health, safety, and general welfare of the citizens, bulk,
dimensional and general requirements for the zoning districts shall be required as a
necessary part of the development and use of land. All permitted uses, conditional
uses and special uses, except as indicated by Section 8.15, shall comply with the
r~uirements of this section.
12.20 BULK. DIMENSIONAL AND GENERAL REOUIREMENTS: Bulk dimensional,
and general requirements are herewith established and shall be provided in
accordance with the minimum standards hereinafter set forth in Tables No 1. and
No 2.
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Bulk, Dimensional and General Requirements
M i ní IT1.II11S Maxin1.lll1S
Lot Size Lot Width Required Setbacks Lot Coverage Building Height
Front Side (each) Rear
Access I Collector I Secondary/ Primary
Zone Road Road Arterial Arterial
C-1 Residential: 5,000 sq.f1. Residential: 50' 25' 30' 35' 36' 5' 5' 85"Æ, 35'
Aii other: none Muiti-Iamily: 70' Except when abutting a
Aii other: none M or M-C zone then: 20'
G-1 zone then: SO'
Established residential
development then: 50'
II approved as a common waii
structure then:
0' 0'
C-2 Same as above Same as above 20' 30' 35' 35' Requirement same as above 45% 35'
M-1 Same as above Same as above 25' 30' 35' 50' 10' 10' 80% 50' If project is one gross
Except when abultlng a acre or greater
C or M-C zone then: 20' 35' If less than one gross
G-1 zone then: SO' acre
Established residential
development then: 50'
M-2 Same as above Same as above Requirements same as above 50' 50' 85% Requirement same as abovE
Except when abutting a
M-1 zone then: 20'
G-1 zone then: 100'
Established residential
development then: 100'
M-C Same as above Same as above 25' 30' 35' 50' 20' 20' 75% 35'
Except when abutting a
established residential
development or a G-1 zone
then:
50' 50'
II approved as a common waii
structure then:
0' 0'
G-1 Same as above Residential: 50' 20' 30' 35' 50' 5' 10' 45% 35'
Muiti-family: 70'
All other: none
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Table No.2 - ALL OTHER USES
Bulk, Dimensional and General Requirements
Minirroms Maxirroms
Lot Size Lot Width Required Setbacks Lot Coverage Building Height
Front Side(each) Rear
Access I Collector 1 Secondary I Primary
Zone Road Road Arterial Arterial
C-1 None None 25' 30' 35' 35' 5' 5' 85% 35'
_.
Except when abutting a
M or M-C zone then: 20'
Established residential ','
development or G Zone ,,'.
then: 35'
If approved as a common wall . .
...
structure then:
0' 0'
C-2 None None 20' 30' 35' 35' 5' 5' 75% 35'
Except when abutting a
M or M-C zone then: 20'
Established residential
development or G Zone
then: 35'
If approved as a common wall
structure then:
0' 0'
M-1 None None 25' 30' 35' 35' 10' 10' 75% 50' if project is one gross
Except when abutting a acre or greater
G zone or established 35' if less than one gross
residential development acre
Then: 35'
Page 49
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Table No.2-ALL OTHER USES
Bulk, Dimensional and General Requirements
M-2 None None 25' 30' 35' 50' 50' 50' 85% Requirement same as above
Except when abutting a
M-1 zone then: 20'
G-1 zone then: 100'
Established residential
development then: 100'
M-C None None 25' 30' 35' 35' 10' 10' 75% 35'
Except when abutting a
established residential
development or a G or M
zone then:
35' 35' ,,"',
If approved as a common wall
structure then:
O' 0'
G-1 None None 20' 30' 35' 50' 5' 10' 45% 3S"
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12.30 EXCEPTIONS: The bulk, dimensional and general requirements found in Section
12.20 shall apply to specifically permitted and conditional uses tabulated in Section
6, excepting the following:
1.
The side and rear setbacks provided in Section 12.20 shall not apply to
outbuildings found in residential or agricultural use such as detached
garages, storage sheds or tool sheds, excepting that all buildings shall be a
minimum of five (5) feet from side and rear property lines and ten (10) feet
from any street right-of-way or alley and ten (10) feet from any building on
the same or adjacent properties.
The maximum building height provided in Section 12.20 shall not apply to
towers and antennas, provided that towers and antennas are setback from all
exterior property lines at a minimum ratio of one (1) foot of setback for
every three (3) feet of vertical height.
2.
3.
Antennas, satellite dishes, or other communication devices shall not be
located in the front setback area.
All structures excepting fences shall not be established within the twenty
foot (20') front setback area.
4.
12.40 SETBACKS AND MINIMUM LOT WID1H: All setbacks shall be measured from
the lot line to the building line as defined in Section 3.00 of this Ordinance.
12.50 ROAD CLASSIFICATIONS: To clarify the setbacks for development activities
consistent with the requirements of this section, the following road designations
shall apply:
PRINCIPAL ARTERIALS: US 101
SR 104
MINOR ARTERIALS:
SR20
SR 19 (Beaver Valley Road, Rhody Drive,
and Airport Cutoff)
SR 116 (Ness' Comer Rd, Oak Bay Rd. to
Flagler Rd. and Flagler Rd)
Four Corners Road
Oak Bay Road
Center Road
Chimacum Road
Irondale Road
Quinault-South Shore Road
Upper Hoh Road
MAJOR COLLECTORS:
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MINOR COLLECTORS:
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Anderson Lake Road
Bee Mill Road
Cape George Road
Coyle Road
Dabob Road
Dosewallips Road
Duckabush Road
E. Quilcene Road
Four Comers Rd.
Eag1emount Road
Hastings Avenue West
Hazel Point Road
Larson Lake Road
Oak Bay Rd.
Penny Creek Road
Point Whitney Road
S. Discovery Road
Thorndyke Road
South Point Road
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SECTION 13
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36
OFF-STREET PARKING AND LOADING AREAS
Subsections:
13.10 Off-street Parking and Loading Areas
13.20 Off-street Parking Space Minimum Requirements
13.25 Fractional Spaces
13.30 Parking Spaces - Minimum Dimensions
13.31 Compact Spaces
13.32 Reduction of Requirements
13.33 Reduction of Requirements - Reserve Area Required
13.35 Provision of Handicapped Spaces
13.40 Parking Facilities - Access Standards
13.50 Parking Facilities - Development Standards
13.60 Parking Facilities - Landscaping Standards
13.10 OFF-STREET PARKING AND LOADING AREAS: The automobile is the
principal mode of transportation in Jefferson County. Traffic congestion has
occurred on streets and highways in the County when on-street parking has been
unable to accommodate demand This congestion impairs the free flow of traffic
and creates safety hazards. It is therefore deemed in the interest of the public
health, safety and general welfare that off-street parking be required as a necessary
part of the development and use of land
13.20 OFF-STREET PARKING SPACE MINIMUM REOUIREMENTS: Off-street
parking shall be provided in accordance with the minimum standards hereinafter set
forth in Tables No.3 and No.4. On-street parking shall not be utilized in fulfilling
these requirements. Storage areas, hallways, bathrooms, and other areas which are
incidental and subordinate to a principle use, shall not be included in the calculation
of unit area.
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Table No.3
Required Minimum Off-street Parking Spaces for Residential
Uses
ParkIng paces ReqUIred Per
Indicated Unit
Unit No. S aces
Dwelling 2 . 00
Land Use
ategory
Single-family Dwelling in all
Districts
Two-family Dwelling in all
Districts
and Br ast Inn
Dwelling
Retirement Homes,
Apartment Hotels,
Residential Hotels
Employee working
at or from the subject
property
(other than residents)
Guest Room, Suite
or Dwelling
2.00
1.
1.00
1.50
Table No.4
Required Minimum Off-street Parking Spaces for Industrial
Uses
ParkIng paces ReqUIred Per
Indicated Unit
No. aces
1.00
1.00
Land Use
ategory
Boat Building and Repair
Manufacturing uses, research
testing and processing,
assembling, and other
industrial uses
Motor ve c e, machinery,
plumbing, heating,
ventilating, building supply
stores and services
Motor Ve c ,motorcyc e
and small en ine .
Warehouse, storage and
wholesale businesses
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Table No.5
Required Minimum Off-street Parking Spaces for Commercial
Uses
Land Use
ategory
Parking
paces ReqUIred er
Indicated Unit
No, S aces
1.00
.00
2.00
Automobile service stations
Hotels, motels, and rooming
houses
Medical and dental clinics
0 ce and pro esSlonal
buildin s
Showrooms or applIances,
automobiles and other
durable oods
Dining rooms, restaurants,
taverns and similar uses
Boat Launch
Golf Courses and
Recreational Facilities
Unit
Fuel Pum
Service Ba
Chair
Lane
5 sq. ft. of gross
floor area
Rental Unit
1.00
1.00
1. 0
0 sq. ft. of gross
floor area
launch lane
1.
10.
Determined by the
BOCC, when
considering
Conditional Use
Permit A lication.
.5
Mannas
Day care center, rmm-
center
All other commercial uses
located in "Mil Districts
All 0 er commercial uses
located in "C", "M-C", and
"a" Districts
1.00
1.
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13.25 FRACTIONAL SPACES: If the provisions of this section result in a parking
requirement which includes a ftactional parking space, any fraction of one-half or
greater shall require one parking space.
13.30 PARKING SPACES - MINIMUM DIMENSIONS: Parking spaces for
commercial, industrial and multi-family residential uses shall be designated by
wheel stops, striping, or similar measures. Parking space design requirements are
not applicable to industrial developments located within resource production areas.
Parking for Boat Launch shall be able to accommodate vehicles with boat trailers.
Off-street parking dimensions shall be provided in accordance with the minimum
standards hereinafter set forth in Table No 5:
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. "
Table No,S
Required Minimum Dimensions for Off-street
Parking Spaces
Parallel 0 0 0
10' 12' 9' 9'
10' 11' 9' 8'6"
23' 18' 18' 18'
1 "
12' 13' 17'6" 22'
14' 17' 14' 14'
Key to lllustration below: A = Angle of parking B = Width of parking space
C = Length of parking space D = Width of driveway aisle
E = Width of drive way access (one way)
D (2-Way)
I
E. (1-Way)
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13.31 COMPACf SPACES: Twenty percent (20%) of total required parking spaces may'
be calculated using the compact car size spaces.
13.32 REDUCTION OF REOUIREMENTS: A reduction of required minimum off-street
par~g requirements, for commercial, industrial and multi-family residential uses
whIch would otherwIse apply pursuant to Section 13.20 may be administratively
approved by the Dt~partment of Development Review if one (I) or more of the
following applies to the subject property:
1.
SHARED USE: Two (2) or more uses share the same parking in such a
way that the hours or days of peak usage are so different that a lower total
number will provide for all uses adequately.
or
2.
ANTICIPATED REDUCED DEMAND: The clientele of the use is such
that a reduced number of spaces are appropriate, such as a business likely to
be frequented by pedestrians.
or
3.
TRANSPORTATION MANAGEMENT PLAN: A Transportation
Management Plan (TMP) shall be prepared for the subject property. The
TMP shall include implementable policies which encourage and promote the
use of public transportation, ride-sharing, and alternatives to single-
occupancy vehicle use. The TMP shall demonstrate conclusively the
potential reduction of single-occupancy vehicle trips for the subject
property.
Transportation Management Plans prepared for properties located within the
service area of Jefferson County Transit shall develop the plan in close
cooperation with that agency. TMP's shall evaluate such considerations as
promotions, transit pass sales and subsidies, ride matching and vanpool
information, emergency ride home programs, and other alternatives to
single-occupancy vehicle travel.
13.33 REDUCTION OF REQUIREMENTS - RESERVE AREA REOUIRED: A vacant
reserve area located no more than one-hundred (100) feet from the subject property
that is suitable for immediate conversion into additional parking spaces, and is equal
in size to the number of spaces so reduced, shall be required as a condition of the
reduction. This reserve area shall not be developed. Should the status of any of the
aforementioned qualifying conditions change, the reserve area shall be immediately
converted into additional parking spaces. Changed qualifying conditions shall
include, but are not limited to the following:
1.
2.
A change in the use of the subject property that increases parking demands.
Documented parking shortages on a daily or weekly basis.
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13.35 PROVISION OF HANDICAPPED SPACES: Parking for handicapped needs shall
be provided consistent with state standards at a rate of not less than two percent
(2 %) of the total number of parking spaces, or a minimum of one parking space,
whichever is greater. Single-family residences are exempt from this requirement.
Parking spaces for handicapped needs shall comply with the Washington State
Regulations for barrier-free facilities (WAC 51-10). Such spaces shall be not less
than twelve feet (12') six inches (6") wide.
13.40 PARKING FACILITIES - ACCESS STANDARDS: All parking facilities shall be
developed consistent with the following access standards:
1.
Joint accesses for commercial, industrial and multi-family residential uses
shall be utilized whenever feasible.
All ingress and egress to a parking lot containing four (4) or more parking
spaces shall be developed so vehicles entering and leaving the parking lot
are headed in a forward motion.
2.
3.
Access points shall be located in a manner consistent with the standards of
the Jefferson County Department of Public Works.
Limited access provisions shall be required when deemed necessary by the
Jefferson County Department of Public Works.
4.
13.50 PARKING FACILITIES - DEVELOPMENT STANDARDS: Parking facilities for
commercial, industrial and multi-family residential uses shall be constructed so as to
be consistent with the following standards:
1.
SURF ACE: Parking lots and accesses,o other than the reserve areas
provided in conformance with Section 13.33 above, shall be provided with
an all-weather surface as required by Jefferson County Public Works.
LOADING ZONES: No loading and off-loading shall occur on the road
rights-of-way. Each department store, freight termiIial, hospital,
sanitarium, industrial or manufacturing establishment, storage warehouse or
. similar use where large amounts of goods are received or shipped shall
provide the minimum number of loading spaces as indicated in Table 6.
2.
Table No.6
Required Minimum Loading Zones for Truck Uses
Gross Floor Area Minimum
Less than , sq. 0
10,000 to 14,999 sq. ft.
Each additional 15,000 . ft.
1.00
Each loading space shall be not less than ten (10) feet in width and twenty-
five (25) feet in length, and shall have a vertical clearance of at least fourteen
(14) feet.
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3.
QUEUING SPACE: All banks, savings and loan- association, fast food
restaurants, and other businesses which maintain drive-in facilities shall
provide sufficient vehicular queuing space to prevent the obstruction of
public rights-of-way or private driveways or aisles during peak: business
hours.
4.
PARKING LOT DESIGN: All parking lots containing five (5) or more
parking spaces d~igned and shown in plan form with the following
elements: proposed and existing structures, traffic circulation, adjoining
streets, drainage, lighting, landscaping, fencing, and screening. The plan
shall be incorporated as part of the project and site plan submittal,
13.60 PARKINO FACILITIES - LANDSCAPING STANDARDS: Parking facilities for
commercial, industrial and multi-family residential uses shall be landscaped
consistent with the following standards:
1.
SCREENING: Screening shall be provided on each side, front, and/or rear
of a parking area where such side, front, and/or rear abuts any residentially
developed lot or "0" zoning district, except that no screening is required
where the elevation of the parking area lot line is four (4) feet higher than
the fmished elevation of the parking area surface.
Parking area screening and landscaping shall be kept in good condition and
shall meet the following conditions:
a.
It shall be continuous where required along a side, front or rear of a
parking area and shall not be less than four (4) feet in height above
the grade of the parking lot surface, broken only for accessways and
aisles, provided that the screening shall not be permitted for a
distance of twenty (20) feet on each side of a parking area
accessway to ensure proper sight distance. Where screening is
prohibited by the above provisions, low lying shrubs or other
similar plantings shall be placed: such plantings shall not be allowed
to exceed two (2) feet in height.
Screening shall not be installed in such a manner as to obstruct the
free use of any fire hydrant.
b.
c.
The space between the screen and the right-of-way, except for any
pedestrian access improvements, shall be landscaped with grass,
shrubs, trees, or evergreen groundcover. On the sides and rear of
parking areas not facing a street such landscaping shall be required
between screening and the lot line.
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SECTION 14
HOME BUSINESSES
Subsections:
14.10 Home Businesses
14.20 Home Businesses - Administrative Approval Required
14.30 Home Businesses - Review Criteria
14.40 Home Businesses - Development Standards
14.50 Complaints on Home Businesses
14.60 Rescissions
14.70 Appeal of Rescissions
14.10 HOME BUSINESSES: Home businesses and cottage industries are enterprises
established for the purpose of generating income. Located in a residential structure
and/or associated outbuildings, home businesses are wholly accessory and
subordinate to the residential use of the property. These enterprises are categorized
into two types: Home occupations and Home-based. businesses. Home
occupations principally operate out of the home and/or associated out -buildings and
may involve service as well as manufacturing. Examples would include a repair
shop or an accounting service. Home-based businesses are those that are
headquartered out of the home but conduct a major portion of the operation
elsewhere. Examples would include a contracting business, small logging
operation, or surveying business. The permitting of home businesses is not
intended to create new commercial or industrial areas, but rather to provide an
opportunity to supplement an income, start up a business, or establish a work place
at home,
Home businesses by their nature are intended not to be disruptive to the residential
use of adjacent properties. Home businesses generate less traffic and noise than
typical commercial or industrial activities and are compatible in appearance,
operating hours, and other factors, with the surrounding neighborhood Home
businesses in urban areas will have more impact on surrounding neighbors than
home businesses in rural areas
14.20 HOME BUSINESSES - ADMINISTRATIVE APPROVAL REQUIRED: Home
Businesses shall be reviewed administratively by the Department of Development
Review. An administrative detennination to approve a Home Business application
shall be made when the proposal is consistent with the goals, policies, and
provisions of the Comprehensive Plan, and/or applicable community development
plan, and this Ordinance.
An administrative determination to deny an application shall be made when the
proposal in not consistent with the goals, policies, and provisions of the
Comprehensive Plan, and/or applicable community development plan, and this
Ordinance. Denials of applications for Home Businesses shall be accompanied by a
written statement identifying specific areas in which the proposal is deficient
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An administrative determination made by the Department of Development Review
denying Home Business application approval may be appealed to the Hearing
Examiner by the applicant, a public agency, or any interested person consistent with
the requirements of Section 20.00 of this Ordinance.
14.30 HOME BUSINESSES - REVIEW CRITERIA: In addition to the development
standards set out in Section 14.40 herein below, home businesses shall not be
recommended or granted unless all of the following findings are made in the
affirmative:
1.
Home businesses shall not adversely affect the use or enjoyment of
surrounding properties;
Home businesses shall maintain the character of the area in which they are
located.
2.
3.
Structures housing the home business shall be architecturally and
aesthetically compatible with the surrounding residential area.
14.40 HOME BUSINESSES - DEVELOPMENT STANDARDS: Home Businesses may
be established when consistent with the standards set forth herein below.
1.
RESIDENTIAL USE: Home businesses must be clearly subordinate to the
primary residential use of the property.
ENCLOSURE: Home businesses shall be fully enclosed within the primary
residential structure andlor associated out-buildings. Out-buildings used for
the business, shall not exceed two thousand five hundred square feet (2,500
sq. ft.,). The total lot coverage for the home business uses shall not exceed
thirty percent (30%) of the parcel size, excepting for home businesses
which are located in rural areas, on lots of 5 acres or more, shall not be
subject to the 2,500 sq. ft. criteria. Only those portions of home-based
businesses which remain at the homesite are subject to this standard.
Typically this would include equipment storage, maintenance, and office
functions.
2.
3.
EMPWYEES: At least one (1) person engaged in the operation must reside
on the premise and must be the owner or lessee of the property. The
maximum number of persons employed on site shall be as specified by the
applicable community plan, or ten (10) persons (including family
members), whichever is less.
RETAIL SALES: Retail sales within home businesses, other than mail
order businesses, are limited to those products produced on the site or those
that are incidental to the activity or service provided.
4.
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5.
6.
7.
8.
9.
STORAGE: There shall be no outside storage of materials, goods,
supplies, or equipment, nor outside display of any kind, unless otherwise
screened from public and neighborhood view. Vehicles and equipment
utilized off-premise on a daily basis by home-based businesses are not
subject to this standard.
DNISIONS: Home businesses shall not be subdivided or otherwise
apportioned from the residential property for the purpose of sale, lease, or
rent.
NOISE: Noise levels generated shall not be in excess of levels allowable in
residential neighborhoods as per WAC 173-60 as adopted by Jefferson
County Resolution No. 67-85, except for those home business which are
located in other Zoning Districts or overlay zones.
HOURS OF OPERATION: Home businesses shall maintain business
hours that are not disruptive to the nonnal use of adjacent residential
properties, if any. Typically, this would be during daylight hours,
weekdays. Hours of operation shall be as follows:
7 a.m.
6 p.m.
EARLIEST START TIME:
LATEST FINISH TIME:
PERMITIED DA YS OF OPERATION:
Monday through Friday. Prohibited
holidays.
For home business located in areas of the county designated as rural
hours of operation shall be:
on weekends and national
EARLIEST START TIME:
LATEST FINISH TIME:
PERMITIED DAYS OF OPERATION:
Monday through Saturday. Prohibited on Sundays and national
holidays.
4 a.m.
6 p.m.
Hours of operation restrictions may be reduced or waived provided that
the applicant demonstrates that additional hours of operation for the
proposed home business will not generate significant off-site impacts.
ZONING DESIGNATION: The underlying zoning designation shall not
change as a result of the home occupied business.
10.
SIGNS: One (1) wall sign and one (1) free-standing sign identifying the
business shall be permitted. Total signage area shall be no greater than eight
square feet (8 sq. ftu) per sign. Signs shall be located on the premise of the
home business except when approved as a standardized public sign. Signs
shall not be lighted and no part thereof shall consist of banners, streamers,
or similar moving devices.
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PARKING: Parking related to the home business shall be provided on the
site in such a manner that no off-premise parking will be necessary. Parking
shall be consistent with. the requirements for home businesses found in
Section 13.
12.
ACCESS: Access shall be designed in such a manner that traffic entering or
leaving the site shall be traveling in a forward motion where possible and
shall not create a hazard as determined by the Jefferson County Department
of Public Works of Washington State Department of Transportation.
BUFFERS: Buffers or screens will be provided when deemed necessary to
reduce potential impacts to surrounding properties. .
13.
14.
BED AND BREAKFAST: Bed and Breakfast establishments may locate as
a home business provided no more than two (2) bedrooms are used for the
business. Bed & Breakfasts with three (3) to six (6) guest rooms may
located as Home Businesses in all districts after applying for Conditional
Use approvals. Accommodations with more that five (5) bedrooms will be
required to meet all applicable Handicap Access Standards.
LIGHTING: Lighting on the site shall not adversely affect surrounding
properties or adjoining rights-of-way.
15.
16.
FUMES AND OOORS: Home businesses that create noxious fumes or
offensive odors shall not be permitted.
COMPATIBILITY: Home businesses shall not adversely affect the use or
enjoyment of surrounding properties and shall maintain the character of the
area in which they are located
17.
14.50 COMPLAINTS ON HOME BUSINESSES: Complaints, registered by an
interested party directly affected by the activities of a home business, on home
businesses shall be received by the Department of Development Review. The
Department shall investigate the complaint and inform the owner of the business of
the complaint If the complaint is determined to be valid by the Director of
Planning and the owner chooses to remedy the complaint, he or she shall be given
15 days from the date of notification to do so.
In the event the complaint is not remedied by the owner, the Jefferson County
Hearing Examiner shall hold a public hearing to review the complaint Public
Notice shall be provided for this hearing consistent with the requirements of Section
19 of this Ordinance. Should the Hearing Examiner find the complaint to be valid.
all cost associated with the public hearing shall be borne by the permit holder.
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14.60 RESCISSIONS: The Hearing Examiner may revoke a Home Business permit for
noncompliance with the conditions set forth in approving the permit and may add
conditions if, during the conduct of a home business, it is determined that additional
conditions or restrictions are necessary in order to ensure that the criteria set forth in
Section 14.30, and the development standards in Section 14.40 above are met.
Where the rescission of a Home Business permit is prohibited by State or Federal
Law, the Hearing Examiner may suspend the permit until such time as all valid
complaints are remedied.
14.70 APPEAL OF RESCISSION: Procedures for appealing to the Board the ruling of
the Hearing Examiner in regard to the recession of a conditional use pennit for a
home business shall be as set forth in Section 20 of this Ordinance.
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SECTION 15
SIGN REGULATIONS
Subsections:
15.10 Sign Regulations
15.20 Applicability
15.30 Prohibited Signs
15.40 Exemptions
15.50 Signs - Permit Required
15.60 Definitions
15.70 Design Standards
15.75 Specialty Sign Design Standards
15.80 Non-conforming Signs
15.90 Enforcement
15.10 SIGN REGULATIONS: The purpose of this section is to establish sign
regulations that support and complement land use objectives set forth in the
Comprehensive Plan. Signs perform important communicative functions. The
reasonable display of signs is necessary as a public service and to the proper
conduct of competitive commerce and industry. The sign standards contained
herein recognize the need to protect the safety and welfare of the public and the need
to maintain an attractive appearance in the community.
15.20 APPLICABILITY: The provisions and requirements of this section shall apply to
signs in all zoning districts as set forth in this Ordinance. The regulations of this
section shall regulate and control the type, size, location, and number of signs. No
sign shall hereafter be erected or used for any purpose or in any manner except as
permitted by the regulations of this section.
Signs associated with Home Businesses shall comply with the standards of Section
14.40.10 of this Ordinance. .
15.30 PROHIBITED SIGNS: The following signs shall be prohibited within the County:
1.
2.
Abandoned signs.
Billboards.
3.
4.
Flashing, revolving or moving signs, excepting clocks.
Off-site signs which advertise a business.
5.
Signs or sign structures, which by coloring, shape, working, or location
resemble or conflict with traffic-control signs or devices.
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6.
7.
Signs which create a safety hazard for pedestrians or vehicular traffic.
Signs attached to utility poles or traffic signs.
8.
Signs contrary to the provisions of this chapter.
15.40 EXEMPTIONS: The following signs are exempt from the provisions of this
section: traffic and standardized public signs installed by a government entity;
window displays; awning signs; barber poles; merchandise displays, point of
purchase advertising displays such as product dispensers; national flags, flags of a
political subdivision, and symbolic flags of an institution or business; legal notices
required by law; historic site plaques and markers; gravestones; personal signs
displaying personal messages such as "yard sale" or "lost pet"; political campaign
signs posted within 60 days of a primary or general election; structures intended for
separate use, such as recycling containers and phone booths; scoreboards located
on atWetic fields; real estate signs; and lettering painted on or magnetically flush-
mounted onto a motor vehicle operating in the normal course of business.
15.50 SIGNS - PERMIT REQUIRED: Signs shall be reviewed administratively by the
Department of Development Review. An administrative determination to approve a
sign application shall be made when the proposal is consistent with the goals,
policies, and provisions of the Comprehensive Plan, and/or applicable community
development plan, and this Ordinance.
An administrative detennination to deny an application shall be made when the
proposal in not consistent with the goals, policies, and provisions of the
Comprehensive Plan, and/or applicable community development plan, and this
Ordinance. Denials of applications for sign pennits shall be accompanied by a
written statement identifying specific areas in which the proposal is deficient
An administrative determination made by the Department of Development Review
denying sign application approval may be appealed to the Hearing Examiner by the
applicant, a public agency, or any interested person consistent with the
requirements of Section 20 of this Ordinance.
15.60 DEFINITIONS: For the purposes of this section, certain words are defined as
follows:
1.
A W!'ITNG SIGN: A sign that is mounted or painted or attached to an
awnmg or canopy.
BILLBOARD SIGN: A structure supporting a sign advertising a business,
commodity, service, slogan, or entertainment conducted, sold, or offered at
a location other than the place on which the sign is located. For the purpose
of this ordinance, billboard signs are those signs that are available to any
business, for hire, and that exceed sixty four (64) square feet in dimension.
2.
3.
FREE-STANDING SIGN: An on-premise sign that is mounted on a pole or
other support and is not attached to any building.
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4.
MULTI-TENANT SIGN: A free-standing structure identifying two or
more businesses within a multi-tenant development
OFF-SITE SIGN: A sign relating, through its message and content, to an
activity, use, product or service which is not available on the premises on
which the sign is erected. Off-site sign shall be prohibited. Off-site signs
which are directional are allowed as provided below.
5.
6.
PERSONAL SIGN: A sign displaying personal messages other than
political campaign signs.
POLITICAL CAMPAIGN SIGN: A temporary sign announcing or
supporting political candidates or issues in connection with any national,
state, or local election.
7.
8.
PROJECTING SIGN: A sign that protrudes more than one (1) foot from
the structure to which it is attached
9.
REAL ESTATE SIGN: A portable or freestanding sign erected by the
owner, or hislher agent, advertising the real estate upon which the sign is
located for rent, lease or sale, or one directing to such property.
10.
SANDWICH BOARD SIGN: A portable sign which is capable of being
easily moved and is not permanently fixed to the ground, structure or
building.
STANDARDIZED PUBLIC SIGN: A sign constructed to the specifications
of the Washington State Department of Transportation or Jefferson County
Public Works Department and erected with the approval by the same, that
provides directional information.
11.
12.
W ALL SIGN~ A sign fastened to or painted against the wall of a building
or structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign. A wall sign shall not
project more than twelve (12) inches from the building or structure.
15.70 DESIGN STANDARDS: Signs may be established when consistent with the
standards set forth herein below.
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1.
ILLUMINATION: The following standards apply to the illumination and
illustration of signs:
a. The illumination of signs shall be shaded, shielded. or directed so
the light intensity or brightness shall not adversely affect
sUITOunding properties or public and private rights-of-way or create
a hazard or nuisance to the traveling public, or to sUITOunding
properties.
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6.
b.
2.
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. An exception to this
standard is temporary signs associated with local festivals, fairs,
parades, promotions, grand openings, or special events pursuant to
Section 15.70 (3) herein below.
SIZE: Sign size shall be regulated as follows:
a.
The total square footage of free-standing or projecting signs shall
not exceed sixty-four square feet (64 sq. ft.) per business. Multi-
tenant signs shall be excluded from this requirement
Only one (1) side of a double-faced sign shall be counted when
determining total square footage.
b.
c.
The square footage of signs shall be calculated by the outside
dimensions necessary to frame the information displayed.
3.
NUMBER: Uses located in "C", "M", and "M-C" zoning districts shall
have no more than two (2) on-premise free standing or projecting signs or
combination thereof, except in multi-tenant developments.
4.
WALL SIGNS: Signs attached to or painted against the structure to which
it relates shall not be computed as a part of the overall total square footage,
or number.
5.
MULTI-TENANT DEVELOPMENTS: Sign requirements for multi-tenant
developments shall be as follows:
a.
Individual businesses within multi-tenant developments shall
comply with the standards of subsection 15.70 of this ordinance;
however, no individual free-standing sign shall be permitted.
Multi-tenant developments may have one (1) free-standing sign for
each access point. commonly identifying the businesses within
multi-tenant developments provided:
b.
Such signs are no larger than sixty-four square feet (64 sq.
ft.) for multi-tenant developments with two (2) businesses.
For each additional business, ten square feet (10 sq. ft) may
be added to the total sign square footage.
MAINTENANCE AND I OR HAZARD: 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
1.
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7.
CLEARANCE: The design of free-standing signs shall include measures to
restrict vehicles from passing beneath them, unless otherwise permitted by
the Jefferson County Department of Public Works. All free standing pole
signs or projecting signs shall provide pedestrian clearance to a minimum
of eight feet (8') where applicable.
LANDSCAPING: Signs shall be incorporated into the landscaping of the
site when landscaping is provided.
8.
9.
WATERFRONT SIGNS: 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, no smoking, etc.
15.75 SPECIALTY SIGN DESIGN STANDARDS: Specialty signs may be established
when consistent with the standards set forth herein below:
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EVENT SIGNS: Signs promoting public festivals, community or special
events, or grand openings and retail promotions [not exceeding one (1) per
year] may be displayed up to thirty (30) days prior to the event, and shall be
removed no later than seven (7) days after the event. The sponsoring entity
is responsible for sign removal. Event signs may be located "off-site".
2.
COMMUNITY SIGNS: Signs which identify a recognized community or
unincorporated place are permitted at each entrance to the community. Said
signs are limited to one (1) per entrance, and may not exceed ninety-six
square feet (96 sq, ft.) or eight feet (8') in height. Signs relating to clubs,
societies, orders, fraternities and the like shall be permitted as part of the
community sign.
SANDWICH BOARD SIGNS: Businesses may erect temporary sandwich
bœrd signs subject to the following criteria:
3.
a.
No more than two (2) sandwich board signs may be erected per
business;
b.
Sandwich board signs shall not exceed four feet (4') in height or
three feet (3') in width;
Sandwich board signs shall be displayed during business hours
only;
Sandwich board signs shall be located not more than one hundred
and fifty feet (150') from the related business;
c.
d.
e.
Sandwich board signs shall not be placed on sidewalks; and,
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4.
Sandwich board signs shall not be placed in public road rights-of-
way unless approved by the Jefferson County Department of Public
Works
PLANNED UNIT DEVELOPMENT SIGN: Planned unit developments
may request approval of a signage plan independent of the requirements of
this section. Said plan shall be submitted to the Department of Development
Review which shall fonnulate a recommendation to the Board of County
Commissioners. No one (1) sign in said plan shall exceed ninety-six square
feet (96 sq. ft.) in size, or eight feet (8') in height
OFF-SITE SIGNS: Off-site signs shall be permitted provided that they are:
f.
5.
a.
directional in nature;
located on private property along a major or minor arterial;
b.
c.
located no more than six hundred (600) feet from an intersection;
no larger than twelve (12) sq. feet; and
d.
e.
contain no more than two colors and composed of text only.
15.80 NON-CONFORMING SIGNS: Signs in place prior to the adoption of these
standards and not in conformance with them shall be considered legal, non-
conforming signs, and may remain as provided below:
1.
Non-conforming off-premise signs shall be removed within five (5) years
of adoption of this Ordinance. Until then, such signs must be continually
maintained, not relocated, and not structurally altered. Non-conforming off
premise sign may be replaced by off-site directional signs as described in
Section 15.70.5.
2.
Non-confonning on-premise signs may remain provided they are
continually maintained, not relocated. and not structurally altered
Billbœrds which are in place prior to the adoption of this Ordinance may
remain provided they are continually maintained, not relocated, and not
structurally altered.
3.
15.90 ENFORCEMENT: Signs erected after the effective date of this Ordinance and
found to be non-confonning by the provisions established herein shall be declared a
nuisance and subject to penalties established by this Ordinance.
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SECTION 16
TRANSFER OF DEVELOPMENT RIGHTS
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SECTION 17
VARIANCES
Subsections:
1 7.10 Variances
17.20 Variances - Review Criteria
17.30 Limitations on the Granting of Variances
17.10 VARIANCES: The Hearing Examiner may, in specific cases, recommend
authorization of variances consistent with the provisions or requirements of this
Ordinance, except as specifically prohibited in Section 17.30 below. Applications
for a variance shall be filed with the Department of Development Review. Prior to
the authorization of a variance, the Hearing Examiner shall hold a public hearing.
Notification of the required public hearing shall be consistent with Section 19 of
this Ordinance. The recommendation of the Hearing Examiner shall be forwarded to
the BOCC. The Board shall review the recommendation in a public meeting. If
after review of the Hearing Examiner's recommendation the Board deems a change
in the recommendations necessary, the Board shall hold its own public hearing and
adopt its own findings of fact and conclusions.
17.20 V ARIANCES- REVIEW CRITERIA: The Hearing Examiner shall not authòrize
any variance to the provisions of this Ordinance unless all of the following facts and
circumstances exist:
1.
The restrictive effect of the specific zoning regulation construed literally as
to the specific property is unreasonable due to unique conditions relating to
the specific property such as: size, shape, topography, location, proximity
to a critical area, or character of surrounding uses, or that strict application
of the regulation would be unreasonable in view of the purpose to be served
by the regulation;
The hardship relates to application of the standard to the land. rather than the
personal circumstances of the applicant;
2.
3.
The granting of this variance will not serve to erode the purpose of this
ordinance; .
4.
The variance so granted would allow reasonable use of the property; and
would not adversely effect the use of the neighboring properties;
The variance does not authorize deviation from the specific use restrictions
contained in this Ordinance;
5.
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7.
The granting of the variance will not be materially detrimental or contrary to
the Comprehensive Plan and will not adversely affect the character of the
neighborhood and the rights of neighboring adjacent property owners; and
The granting of the variance does not cause a significant detrimental effect to
the public interest
17.30 LIMITATIONS ON THE GRANTING OF VARIANCES: The Hearing Examiner
and the Board shall not recommend approval of any variance from this ordinance
that would:
1.
2.
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Change the use of a structure or land, or change the boundaries of a zoning
district.
Change the zoning requirements regulating the use of land.
01-387
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SECTION 18
APPUCA TION FOR ZONING RECLASSIFICATION
Subsections:
18.10 Application for Zoning Reclassification
18.20 Hearing by the Planning Commission
18.15 Criteria for Zoning Reclassification
18.30 Hearing by the Board of Commissioners
18.10 APPUCA TION FOR ZONING RECLASSIFICATION: Application for
reclassification of property shall be submitted to the Boord for referral to the
Planning Commission for hearing after preliminary review by the Department of
Development Review. The application shall be presented on forms and
accompanied by information prescribed by the Department of Development Review.
18.15 CRITERIA FOR ZONING RECLASSIFICATION: Proposed
reclassification shall be consistent with all of the following criteria:
wmng
1.
The proposed reclassification shall be consistent with the Jefferson County
Comprehensive Plan, adopted community development plans and all other
adopted county policies;
The proposed reclassification shall be consistent with the purpose of this
ordinance;
2.
3.
The proposed reclassification shall promote the public health, safety and
general welfare;
The proposed reclassification shall be the result of sufficient changes or
anticipated changes to the community and shall be found to:
4.
a.
Support existing land use;
Not be disruptive to the efficient delivery of public services such as
police and fire protection, utilities and transportation systems;
b.
5.
Serve the needs of the community and not only constitute a special
privilege to an individual.
The applicant shall demonstrate that the proposed reclassification will not be
contrary to the economic benefit of the County and the immediate
neighborhood.
c.
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18.20 HEARING BY THE PLANNING COMMISSION: Upon receipt of a completed
application for zoning reclassification, including an environmental determination in
compliance with the State Environmental Policy Act (Chapter 43.21C RCW), the
Planning Commission shall hold a public hearing upon such application.
Notification of the required public hearing shall be consistent with Section 19.50 of
this Ordinance. The Planning Commission shall recommend approval, approval
with conditions or denial of the application to the Board.
18.30 HEARING BY THE BOARD OF COMMISSIONERS: The Jefferson County
Board of Commissioners shall have final decision-making authority over
applications for zoning reclassification. The Board shall review the
recommendation of the Planning Commission in a public meeting. If after review
of the Planning Commissions recommendation the Board deems a change in the
recommendations of the Planning Commission necessary, the Board shall hold its
own public hearing, adopt its own findings of fact and conclusions. Notification of
the required public hearing shall be consistent with Section 19.50 of this Ordinance
The Board after due consideration may deny the application, approve the application
as submitted, or approve the application subject to additional conditions. The
approval of the applieation shall authorize the consequent amending of the zoning
map.
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SECfION 19
AD MINI S TRA TIVE A UTH 0 RITY
Subsections:
19.10 Administrative Authority
19.20 Application
19.30 Fees
19.40 Administrative Determination
19.50 Public Hearing
19.60 Public Notice
19.65 Calculation of Days
19.70 Hearing Examiner Recommendations
19.80 Planning Commìssion Recommendations
19.80 Board of Commissioners Decision
19.10 ADMINISTRATIVE AUTHORITY: The Jefferson County Department of
Development Review shall have administrative review responsibilities regarding
developments or uses subject to this Ordinance.
1.
THE DEPARTMENT OF DEVELOPMENT REVIEW STAFF: The
Department of Development Review staff shall review all development
proposals for conformance with the Comprehensive Plan and community
development plans and their amendments and special chapters; the
provisions of this Ordinance, and other applicable Ordinances, laws, and
adopted regulations and plans. The Department of Development Review
staff shall also coordinate project review with other governmental agencies,
technical experts and members of the public. The Department of
Development Review shall administer the provisions of this Ordinance, and
shall have the responsibility and authority to approve or deny application
approval, refer the application to the Hearing Examiner (in instances where
variances, conditional use, special use, Planned Unit Development
application or appeal of an administrative determination is involved), refer
the application to the Planning Commission (in instances where a zoning
reclassification application is involved) and upon appropriate clearance shall
approve said application.
BUILDING OFFICIAL: The Building Official shall review and monitor
building permits for confonnance with the standards and conditions
contained in this Ordinance. A building permit shall not be issued unless
the application is consistent with the standards contained in this Ordinance,
or unless the proposed development is exempted from the provisions of this
Ordinance. After construction and before occupancy or use of a
development, the Building Official shall review the development to
determine whether the provisions of the Zoning Ordinance have been met.
2.
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3.
HEALTH DEPARTMENT: TheJefferson County Health Department shall
review development proposals subject to this Ordinance regarding adequacy
of proposed sewage disposal and water supply systems or other areas of its
jurisdiction and forward comments and recommendations to the Department
of Development Review.
4.
DEP ARTMENf OF PUBliC WORKS: The Jefferson County Department
of Public Works shall review development proposals subject to this
Ordinance regarding adequacy of area circulation, access, roads, drainage
systems, signs, and other areas of its jurisdiction and forward its comments
and recommendations to the Department of Development Review. Prior to
the approval of an application, the Department of Public Works shall review
or inspect those aspects of the proposal within its area of jurisdiction.
HEARING EXAMINER: The Jefferson County Hearing Examiner shall
review all developments requiring conditional use approval, variance
approval, spœial use approval and all matters involving the appeal of an
administrative determination. The Hearing Examiner shall determine the
degree to which the proposed project does or does not conform to the
provisions, goals, policies, and objectives of the Comprehensive Plan,
community plans and the provisions of this Ordinance. The Hearing
Examiner is assigned the duties and functions of a Hearing Examiner as
described in the Planning Enabling Act (RCW 36.70.970) and the Jefferson
County Hearing Examiner Ordinance. No. 1-0318-91, Recommendations
developed by the Hearing Examiner shall include written findings of fact.
The Hearing Examiner is empowered to issue decisions which constitute
recommendations to the Board of County Commissioners on applications
for conditional use approval, variances, applications for zoning
reclassification, and appeals of administrative decisions granting or denying
application approval.
5.
6.
PLANNING COMMISSION: The Jefferson County Planning Commission
shall review aU applications for zoning reclassification, amendments to this
ordinance, and ordinances creating overlay districts. The Planning
Commission shall determine the degree to which the proposed action does
or does not conform to the provisions, goals, policies, and objectives of the
Comprehensive Plan, community plans and the provisions of this
Ordinance. The Planning Commission is assigned the duties and functions
of a Plannmg Commission as described in the Planning Enabling Act (RCW
36.70.970). Recommendations developed by the Plannmg Commission
shall include written findings of fact The Planning Commission is
empowered to issue decisions which constitute recommendations to the
Board of County Commissioners on applications for zoning reclassificati°r,t,
ordinances which create overlay districts, and amendments to thIS
Ordinance.
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BOARD OF COMMISSIONERS: The Jefferson County Board of
Commissioners shall have final decision-making authority over appeals of
administrative decisions, special use permits, applications for zoning
reclassification, and applications for conditional uses. The Board, through
its actions, shall further the purposes, goals, policies, and objective of the
Comprehensive Plan in applying the provisions of this Ordinance.
19.20 APPLICATION: Consistent with the requirements of this Ordinance, all persons
who wish to develop land in the County who are not exempt from the proyisions of
this ordnance must first apply to the Department of Development ReVIew for a
building permit or other required development permits, u~ng appropriate
application forms supplied by the Department of Development ReVIew.
7.
Those applications which upon initial inspection appear to be insufficiently prepared
to provide a basis for adequate review shall be returned by the Department of
Development Review and shall not be considered a completed application. A
written statement citing the infonnation requirements upon which non acceptance is
based shall be supplied by the Department of Development Review when requested
by the applicant.
19.30 FEES: Applications for permits granting development approvals shall be
accompanied by fees as established by the Board, payable to the Jefferson County
Department of Development Review.
19.40 ADMINISTRATIVE DETERMINATION: The Department of Development
Review shall review all applications for conformance with this Ordinance, and
render an administrative detennination regarding the completeness of the application
within ten (10) working days after the receipt of the application, unless the applicant
consents in writing to a specific extension of this time period.
An administrative determination to grant an application shall be made when the
proposal is consistent with the requirements of the zoning district in which it is
located and this Ordinance, and does not require a variance, conditional use permit,
special usè permit. planned unit development approval, or administrative approval.
Issuance of a building permit by the Building Department granting development
approval shall provide a firm basis to proceed with the proposed development in a
manner consistent with any conditions of approval and any other applicable County
regulations.
An administrative determination to deny an application shall be made when the
proposed use is not consistent with the provisions of this Ordinance. Denials of
applications for permits granting development approval shall be accompanied by a
written statement identifying specific areas in which the proposal is deficient.
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19.50 PUBLIC HEARING: Public hearings shall be required for conditional use and
special use permit' applications, petitions for variances and exceptions from the
development standards of this Ordinance, applications for zoning reclassification,
planned unit development application, and for appeals of administrative
detef!TIinations., All su?h hearings shall Ix: conduct~ by.the Jefferson County
Heanng Exarmner, or ill the case of ZOnIng reclassIfication, by the Planning
Commission.
The Hearing Examiner or Planning Commission shall examine the application,
petition, appeal, or recommendation of the Department of Development Review,
and the relevant provisions of this Ordinance and the Comprehensive Plan and/or
applicable community development plan. The Hearing Examiner or Planning
Commission shall present and review all other pertinent information in his/her
possession and shall provide an opportunity for all interested persons to speak: and
submit exhibits. An accurate record of the public hearing shall be kept, by the
Hearing Examiner and Planning Commission which shall be available for public
inspection.
19.60 PUBLIC NOTICE: Notice of public hearing on applications for conditional use
permits, special use permits, petitions for variances, application for zoning
reclassification or exceptions, planned unit development applications, and appeals
of administrative determinations shall be given as follows:
1.
The Department of Development Review shall provide the applicant with at
least two (2) copies of a notice of the public hearing affIXed, by the
applicant, to approved posting boards, and one (I) copy of an affidavit of
posting. The applicant shall post the notices and maintain them in place for
at least ten (10) days prior to the public hearing, not including the day of
posting or the day of the hearing. The notices shall be placed in
conspicuous locations on or near the property and shall be removed by the
applicant after the hearing. The affidavit of posting shall be signed,
notarized, and returned to the Department of Development Review at least
one (1) week before the hearing;
In the event of a proposed application of wning reclassification, additional
notices shall be posted on approved posting boards along every developed
street or road abutting the land as proposed to be changed;
2.
3.
The Department of ~velopment Reyiew shall arrange for at leas~ one .(1)
publication of the notice to appear ill a newspaper of. general CIrculation
within the County at least ten (10) days before the heanng. Payment of all
publication fees shall be the responsibility of the applicant;
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4.
The Department of Development R~view sh~l ~nd no~~es to property
owners advising them of the pendmg applicatIOn, petltlOn, or appeal
whichever is applicable. The notice shall be mailed to the owners of record
of all property lying within three hundred feet (300') of the property at
issue, at least ten (10) days before the public hearing; and,
All hearing notices shall include a legal description of the property at issue
and either a vicinity location sketch or a location description in non-legal
language.
5.
19.65 CALCULATION OF DAYS: For the purposes of this Ordinance, the calculation of
days shall begin on, and include, the day upon which the action was initiated, and
shall include the passage of all subsequent chronological days, unless otherwise
noted, in calculating the specified time period.
19.70 HEARING EXAMINER RECOMMENDATIONS: The Jefferson County Hearing
Examiner shall review all applications for conditional use pennits, special use
permits, planned unit development applications, rescission of home business
permits, petitions for variances and exceptions from the development standards of
this Ordinance, and appeals of administrative determinations granting or denying
zoning approval.
The Examiner shall receive and examine available information, conduct public
hearings, and enter findings of fact and conclusions of law based upon those facts
in a record of decision to be rendered within ten (10) working days of the
conclusion of the hearing. Specifically, the Examiner shall determine whether the
application, petition, or appeal is consistent with the goals, policies and provisions
of the Comprehensive Plan and/or applicable community development plan, and
this Ordinance.
The conclusions of the Examiner relative to conditional use permits, special use
pennits, planned unit development applications, rescission of home business
permits, variances, exceptions and appeals of administrative determinations shall
be in the form of recommendations to the Board.
19.80 JEFFERSON COUNTY PLANNING COMMISSION RECOMMENDATIONS:
The Jefferson County Planning Commission shall review all applications for zoning
reclassification, and amendments to the Zoning Ordinance.
The Planning Commission shall receive and examine available information, conduct
public hearings, and enter fmdings of fact based upon review, specifically, the
Planning Commission shall determine whether the application, is consistent with
the gœ.1s, policies and provisions of the Comprehensive Plan and/or applicable
community development plan, and this Ordinance.
The conclusions of the Planning Commission relative to applications for zoning
reclassification, approval of overlay districts and amendments to this ordinance,
shall be in the form of recommendations to the Board.
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19.90 BOARD OF COMMISSIONERS DECISION: The Board shall consider
recommendations of the Hearing Examiner or Planning Commission relative to
appeals of administrative determinations and conditional use pennit applications,
rezone applications and amendments to this ordinance at a regularly scheduled
meeting of the Board. The Board shall consider the Examiner/Planning
Commission recommendations, supporting documents, and all other pertinent
information. The Board shall review and approve the recommendations in a public
meeting. If after review of the Hearing Examiner or Planning Commission
recommendations, the Board deems a change in the recommendations necessary,
the Board shall hold its own public hearing and adopt its own findings of fact and
conclusions.
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SECfION 20
APPEALS OF ADMINISTRATIVE DETERMINATIONS OF THE DEPARTMENT OF
D EVELO PMENT REVIEW
Subsections:
20.10 Appeals of Administrative Determinations of the Department of
Development Review.
20.10 APPEALS OF ADMINISTRATIVE DETERMINATIONS OF THE
DEPARTMENT OF DEVEWPMENT REVIEW: Any administrative
detennination made by the Department of Development Review approving or
denying application approval may be appealed to the Hearing Examiner by the
applicant, a public agency, or any interested person as defined herein below, no
later than fourteen (14) days following the decision of the Department of
Development Review by notice in writing to the Department of Development
Review;
1.
Any persons aggrieved shall be considered interested persons for the
purposes of this section;
2.
The written notice of appeal shall include information clearly demonstrating
that the determination made by the Department of Development Review for
the property at issue is inconsistent. with the policies and guidelines of this
Ordinance. In such instances, the Hearing Examiner shall receive and
examine available information, conduct public hearings, and enter findings
of fact and conclusions of law based upon those facts in a record of decision
to be rendered within ten (10) working days of the conclusion of the
hearing, in the form of a recommendation to the Board.
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SECTION 21
EXPIRATION OF PERMITS
Subsections:
21.10 Expiration of Permits
21.20 Term of Permits - Commencement Date
21.30 Expiration of Permits - Criteria
21.40 Extension of Permit
21.10 EXPIRATION OF PERMITS: The following table indicates the expiration
schedule for inactive and uninitiated land use permits within Jefferson County:
Type of Permit
Special Use Permit
Conditional Use Permit
Variance
Sign Permit
Maximum Duration
1 Year
1 Year
1 Year
180 Days
The Hearing Examiner, Director of Planning, or Board may, when issuing a
decision, require a shorter expiration period than that indicated hereof. However, in
limiting the term of a permit, the Hearing Examiner, Director of Planning or Board
shall find that the exact nature of the specific development is such that the normal
expiration period is unreasonable or would adversely effect the health, safety, or
general welfare of people working or residing in the areas.
21.20 TERM OF PERMITS-COMMENCEMENT DATE: The term for a permit shall
commence on the date of the Hearing Examiner's, Director of Planning's, or
Board's decision, provided that in the event the decision is appealed, the effective
date shall be the date the decision on appeal becomes fmal.
21.30 EXPIRATION OF PERMITS-CRITERIA: A special use, conditional use, variance
or sign permit shall be considered expired if on the date the permit expires the
project sponsor has not:
1.
2.
Submitted a complete application for a building permit.
Completed substantial construction in accordance with the plans for which
the permit was authorized.
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21.40 EXTENSION OF PERMIT: The original granting authority may authorize a
maximum of on one-year extension of a permit upon showing that the applicant has
made a good faith effort to complete the development and that circumstances
affecting the proposal have not substantially changed. The applicant must file a
written request for such extension with the Department of Development Review at
least ninety (90) days prior to the expiration of the permit .
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SECTION 22
VIOLATIONS
Subsections:
22.10 Violations
22.10 VIOLATIONS: Any person who violates the provisions of this Ordinance, or
pennits such violation, or otherwise fails to comply with the procedures, standards,
or requirements established herein is subject to any and all corrective actions
available to the County under the law. Additionally, any sign, structure, or building
hereafter constructed" altered, enlarged, converted, moved, or changed, or any use
of the property or structure contrary to the provisions of this Ordinance is
considered unlawful and may be subject to abatement or other remedial action.
Notwithstanding remedies provided herein below, Jefferson County shall cause all
related development permits to be suspended or withheld for any development
initiated without obtÜning approval under this Ordinance. Said suspension or
withholding will remain in effect until compliance with this Ordinance is achieved
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SECTION 23
ENFORCEMENT AND REMEDIES
Subsections:
23.10 Enforcement and Remedies
23.10 ENFORCEMENT AND REMEDIES: Jefferson County shall strive to equitably
administer the procedures and standards established by this Ordinance. In doing
so, the County may take such administrative, injunctive, declaratory, or other action
as is necessary to ensure compliance with the provisions of this Ordinance.
1.
ADMINISTRATIVE REMEDIES: The Department of Development
Review shall investigate and verify that a violation exists. Upon
verification, the Department shall provide written notice to the party causing
the alleged violation and seek voluntary suspension of the action or activity
and compliance with the provisions of this Ordinance. Should voluntary
compliance not be forthcoming, the Department shall move to initiate
compliance through legal remedies or initiate action to rescind the permit
granting interim zoning approval or pennission to develop.
2.
WITHHOLDING OF PENDING AND FUTURE PERMITS FOR TIlE
SUBJECT PROPERTY: Any pending, and all future pennits and
approvals for the subject property shall be withheld by the Department of
Development Review upon provision of written notice of non-compliance to
the pennittee. Permits and applications shall be released only upon
satisfactory remedy of the non-complying action or activity. The
withholding of permits and approvals consistent with the requirements of
this section shall not be deemed to be in violation of the requirements of
Section 19.40 of this Ordinance.
3.
RESCISSION OF PERMIT GRANTING DEVELOPMENT AFPROV AL:
The permit granting development approval shall be rescinded upon fmding
that the permittee or his or her designated representative or agent
misrepresented the facts upon which approval was based; or has not
complied with the development stUldards or conditions for which approval
was granted. Written notice of the rescission shall be provided to the
permittee. The permittee shall have thirty (30) days to respond to the notice
before rescission of the permit granting development approval becomes
effective. Projects for which development approval has been rescinded
shall have 180 days to remedy the situation or the permit shall be subject to
the proceedings established herein below to ensure compliance with the
conditions of the project approval or to abate the development.
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LEGAL REMEDIES: Upon receipt of a documented violation where
administrative remedies have failed to correct the violation, the County
Prosecutor shall take such legal action as deemed necessary to ensure
compliance with the provisions of this Ordinance. Such action may include
notice to title, injunctive relief, declaration of a public nuisance and
abatement thereof, the imposition of civil penalties, and/or criminal
prosecution as provided for by law.
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SECTION 24
AMENDING THE ZONING ORDINANCE
Subsections:
24.10 Revisions and Amendments
24.20 Initiation by BOCC, Planning Agency, or CitiZen Petition.
24.21 Initiation by Citizen Petition
24.30 Review and Action on the Amendments
24.40 Hearing by the Planning Commission
24.50 Hearing by the Board of Commissioners
24.10 REVISION AND AMENDMENTS: or revisions to the text of this Ordinance will
occur from time to time. Said revisions or amendments shall be subject to the
procedures established in Chapter 36.70, RCW, The Planning Enabling Act.
24.20 INITIATION BY BOARD OF COMMISSIONERS. PLANNING AGENCY, OR
CITIZEN PETITION: As provided for by the planning statute (RCW 36.70),
changes to this Ordinance may be initiated by the Board of County Commissioners
or the Planning Commissioner Planning Staff, when said changes are deemed to be
in the public interest, and further the objectives of the Comprehensive Plan.
24.21 INITIATION BY CITIZEN PETITION: The citizens of Jefferson County may
petition the Board of Commissioners to initiate a change to text of this ordinance. A
petition to change the ordinance shall specify the change by section and subsection,
and provide reasoning why the change is warranted The petition shall contain the
signatures of at least ten (10) registered voters.
24.30 REVIEW AND ACTION OF AMENDMENTS: Upon receipt of a valid petition
suggested revisions of this ordinance will be referred to the Board for referral to the
Planning Commission for hearing after preliminary review by the Department of
Development Review.
24.40 HEARING BY THE PLANNING COMMISSION: The Planning Commission
shall hold a public hearing upon any proposed revision to this ordinance.
Notification ofthe required public hearing shall be consistent with Section 19.50 of
this Ordinance. The Planning Commission shall recommend approval or denial of
the revision or alternative solutions to the Board.
24.50 HEARING BY THE BOARD OF COMMISSIONERS: The Jefferson County
Board of Commissioners shall have fmal decision-making authority over
amendments to the Zoning ordinance. The Board shall review the recommendation
in a public meeting. If after review of the Planning Commission's recommendation
the Board deems a change in the recommendations of the Planning Commission
necessary, the Board shall hold its own public hearing and adopt its own findings
of fact and conclusions. If applicable, the approval of the application shall mandate
the consequent amending of the zoning map or zoning ordinance.
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SECTION 25
SEVERABILITY
Subsections
25,10 Severability
25.10 SEVERABIUTY: If any section, subsection, or other portion of this Ordinance is,
ror. ~y. reason, hel~ invalid o~ unconsti~tional by any court of competent
Jun~ction: such sectIon, subsec1;Ion, or portIon shall be deemed a separate portion
of thIS Ordinance and such holdmg shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 26.
REPEALER
Subsections
26.10 Repealer
26.10 REPEALER: These regulations repeal and replace Ordinance No. 1-0106-9, a
interim ordinance, replacing the Jefferson County Development Code, No. 3-89.
All pennits, approvals, and/or conditions established pursuant to Ordinance No. 1-
0106-9 and Ordinance No. 3-89 shall remain in effect and shall be considered valid.
SECTION 27.
EFFECTNE PERIOD
Subsections
27.10 Effective Period
27.20 Substantially Complete Applications
27.10 EFFECTIVE PERIOD: This ordinance shall become effective on the - Day of
-, 1994.
27.20 SUBSTANTIALLY COMPLETE APPLICATIONS: Applications which have
been determined to be substantially complete by the Department of Development
Review prior to the effective date of this ordinance shall, at the option of the
applicant, be processed consistent with the requirements of this Ordinance or the
requirements of the Interim Zoning Ordinance # 1-0106-92 and #2-0127-92.
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SECTION 28.
ADOPTION
Subsections
28.10 Adoption
28.10 ADOPTION: Adopted by the Jefferson County Board of Commissioners this 2..cd
dayof~I994.
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
. £
. ard Wojt,
ATIESTi<Yt11(ì ~~ {~r
ma Delaney
Clerk of the Board
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APPROVED AS TO FORM:
~"< --
Mark Huth, Jefferson County
Prosecuting Attorney
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