HomeMy WebLinkAboutJCC_18.15_Land_Use_DistrictsChapter 18.15
LAND USE DISTRICTS
Sections:
Article I. Land Use Districts
18.15.005 Classes established.
18.15.010 Urban growth areas (UGA).
18.15.011 Transitional rural zoning for the Irondale and Port Hadlock urban growth area.
18.15.015 Rural lands.
18.15.020 Resource lands.
18.15.025 Master planned resort.
18.15.030 Public.
Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation
18.15.035 General applicability.
18.15.040 Categories of land use.
18.15.045 Unnamed uses.
18.15.050 Multiple designations.
18.15.055 Allowable residential density.
18.15.060 Development standards and use limitations.
18.15.065 Criteria for site-specific redesignations and master planned resort approval.
18.15.070 Application, notice, and appeal requirements.
18.15.075 Variances from standards.
18.15.080 Change of use.
Article III. Land Use Regulations – General Provisions
18.15.085 Applicability.
18.15.090 Archaeological and historical site protection.
18.15.095 Right to farm and forestry provisions.
18.15.100 Development permits and resource lands.
18.15.105 Overlay districts and subarea plans.
18.15.110 Special use permit – Siting of essential public facilities.
Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)
18.15.1110 Designated.
18.15.1112 Purpose and intent.
18.15.1114 Permitted, conditional and prohibited uses.
18.15.1116 Permitted uses.
18.15.1118 Conditional, discretionary and special uses.
18.15.1120 Accessory uses.
18.15.1122 Prohibited uses.
18.15.1124 Development standards.
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18.15.1126 Electrical emissions.
18.15.1128 Lighting.
18.15.1130 Height restrictions.
18.15.1132 Ground transportation facilities.
Article IV. Master Planned Resorts – Special Provisions
18.15.115 Designated.
18.15.120 Purpose and intent.
18.15.123 Allowable uses.
18.15.126 Requirements for master planned resorts.
18.15.129 Application requirements and approval process.
18.15.132 Decision-making authority.
18.15.135 Criteria for approval.
18.15.138 Port Ludlow Master Planned Resort.
Article V. Rural and Resource Districts – Special Provisions
18.15.140 Agricultural and forest resource lands – Site-specific designations and amendments.
18.15.145 Agricultural resource districts.
18.15.150 Forest resource districts.
Article VI. Overlay Districts
Article VI-A. Purpose
18.15.155 Established.
Article VI-B. Maps
18.15.160 Official maps.
18.15.165 Repealed.
Article VI-C. Mineral Resource Lands District (MRL)
18.15.170 Designation procedures.
18.15.175 Allowable and prohibited uses.
18.15.180 Nuisance and disclosure provisions.
Article VI-D. Environmentally Sensitive Areas District (ESA)
18.15.185 –
18.15.235 Repealed.
Article VI-E. Critical Aquifer Recharge Areas
18.15.240 –
18.15.255 Repealed.
Article VI-F. Frequently Flooded Areas
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18.15.260 –
18.15.265 Repealed.
Article VI-G. Geologically Hazardous Areas
18.15.270 –
18.15.280 Repealed.
Article VI-H. Fish and Wildlife Habitat Areas
18.15.285 –
18.15.320 Repealed.
Article VI-I. Wetlands
18.15.325 –
18.15.350 Repealed.
Article VI-J. Special Reports
18.15.355 –
18.15.400 Repealed.
Article VI-K. Airport Overlays
18.15.405 Designation.
18.15.410 Purpose of Airport Overlay I.
18.15.415 Disclosure provisions – Airport Overlay I.
18.15.420 Comment by the Port of Port Townsend.
18.15.425 Nuisance provisions.
18.15.430 Uses prohibited.
18.15.435 Purposes of Airport Overlay II.
18.15.440 Airport Overlay II Map.
18.15.445 Comment by the Port of Port Townsend.
18.15.450 Approval criterion – Conditional use permits.
18.15.451 Nuisance provisions.
18.15.452 Prohibited uses.
18.15.453 Airport Overlay III.
Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area
18.15.455 Applicability – Intent.
18.15.460 Home-based businesses.
18.15.465 Cottage industries.
18.15.470 Small-scale recreational and tourist uses.
Article VI-M. Planned Rural Residential Developments (PRRDs)
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18.15.475 Purpose.
18.15.480 Applicability.
18.15.485 Minimum and maximum land area – Dwelling unit cap and cluster cap.
18.15.490 Rural residential districts – Reserve tract requirements.
18.15.495 Agricultural districts – Reserve tract requirements.
18.15.500 Repealed.
18.15.505 Application submittal and contents.
18.15.510 Consolidated applications.
18.15.515 Incentives – Innovative development proposals.
18.15.520 Modification of permitted densities – Density bonuses.
18.15.525 Modification of development standards.
18.15.530 Preliminary PRRD approval criteria.
18.15.535 PRRD review and approval process.
18.15.540 Performance guarantees – PRRD agreements.
18.15.545 Modifications to an approved PRRD.
18.15.550 Building and occupancy permit – Issuance after final PRRD approval.
18.15.555 Final PRRD plan requirements.
18.15.560 Time limitations on final PRRD submittal.
18.15.565 Extinguishment of preliminary planned unit developments approved prior to UDC
adoption.
18.15.570 Filing of final PRRD plan.
Article VI-N. Forest Transition Overlay District (FTO)
18.15.571 Forest transition overlay (FTO) district.
Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District
18.15.572 Small-scale recreation and tourist (SRT) overlay district.
Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District
18.15.573 Repealed.
Article VII. Subarea Plans
18.15.580 Brinnon Subarea Plan.
Article VIII. Major Industrial Development
18.15.600 Purpose and intent.
18.15.605 Application requirements and approval process.
18.15.610 Approval criteria.
18.15.615 Conditional use requirements.
18.15.620 Final approval.
18.15.625 Phasing of development, expansion, future use of land, abandonment of site, and
reverting to previous land use district.
18.15.630 Urban growth in adjacent nonurban areas.
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18.15.635 Re-authorization of article after initial period of implementation.
Article I. Land Use Districts
18.15.005 Classes established.
(1) The Jefferson County Comprehensive Plan establishes five principal land use classes for the
county. Each class permits a different level of activity. The general classes are urban growth areas,
rural lands, resource lands, master planned resorts and public lands.
(2) The individual land use categories within the classes are referred to as “districts.” This section of
the Unified Development Code provides development regulations by identifying uses and activities
which may or may not be established in these classes. These classes have been developed based
on:
(a) Requirements of the Washington State Growth Management Act (Chapter 36.70A RCW);
(b) Natural systems and land capability;
(c) Existing land use patterns. [Ord. 8-06 § 1]
18.15.010 Urban growth areas (UGA).
There is currently one unincorporated UGA in Jefferson County: the Irondale and Port Hadlock urban
growth area. The Irondale and Port Hadlock UGA comprises three broad categories of urban land
uses: urban residential; urban commercial; and urban industrial. These Comprehensive Plan land use
categories are further defined into “zoning districts” that identify specific land use activities, densities
and intensities of use allowed in the Irondale and Port Hadlock UGA. The specific land use and
zoning provisions of the Irondale and Port Hadlock UGA are contained in Chapter 18.18 JCC. The
urban provisions of Chapter 18.18 JCC shall be applied when urban services are available, namely
sewer facilities. [Ord. 9-09 § 2 (Exh. B); Ord. 8-06 § 1]
18.15.011 Transitional rural zoning for the Irondale and Port Hadlock urban growth
area.
If sewer facilities are not yet available, transitional rural zoning provisions shall apply. The specific
land use and zoning provisions of the Irondale and Port Hadlock UGA that apply before sewer is
available are contained in Chapter 18.19 JCC. [Ord. 9-09 § 2 (Exh. B)]
18.15.015 Rural lands.
This land use class includes three categories: rural residential; rural commercial; and rural industrial.
These categories are further defined into specific “districts”:
(1) Rural Residential.
(a) Rural Residential 1 Unit/5 Acres (RR 1:5). The purpose of this district is to allow for
continued residential development in areas of Jefferson County consisting of relatively high
density pre-existing patterns of development, along the county’s coastal areas, and within areas
within or adjacent to rural centers and rural crossroads. In addition, this district seeks to support
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and foster Jefferson County’s existing rural residential landscape and character by restricting
new land divisions to a base density of one unit per five acres.
(b) Rural Residential 1 Unit/10 Acres (RR 1:10). This district provides a transitional area
between the rural residential one per five-acre district and the rural residential one unit per 20-
acre district. Its intent is to preserve open space, protect critical areas, provide for the
continuation of small-scale agricultural and forestry, and preserve and retain the rural landscape
and character indigenous to Jefferson County.
(c) Rural Residential 1 Unit/20 Acres (RR 1:20). The purpose of this district is to provide a buffer
in areas adjacent to UGAs and designated forest and agricultural lands of long-term commercial
significance, as well as protecting areas identified as possessing area-wide environmental
features which constrain development such as shoreline areas or areas of steep and unstable
slopes. The district also protects land from premature conversion to higher residential densities
prior to an established need.
(2) Rural Commercial.
(a) Rural Centers (Rural Village Center) (RVC). Rural village centers provide for most of the
essential needs of the surrounding rural population and the traveling public. These areas supply
a variety of basic goods and day-to-day services, while also providing a limited range of
professional, public and social services. They are typically small, unincorporated commercial
and residential community centers that provide rural levels of service and serve as a focal point
for the local population. The boundaries of the rural village centers are predominantly defined by
the contained, built environment as it existed in 1990 or before, as required by RCW 36.70A.070
(5)(d). Designated rural village centers include: Quilcene and Brinnon.
(b) General Crossroads (GC). General crossroads are existing historic commercial areas that
provide a broad range of commercial goods and services for a larger population base in the
northeastern part of Jefferson County. There is one general crossroads designation identified in
Jefferson County: SR 19/20 Intersection.
(c) Neighborhood/Visitor Crossroads (NC). Neighborhood/visitor crossroad districts serve the
nearby rural neighborhood and the commuting or traveling public. These historic areas typically
provide an extended range of goods and services by establishment of restaurants, taverns/bars,
auto part stores, hotel/motels and a limited range of specialty and professional services. There
are five neighborhood crossroads identified in Jefferson County: Mats Mats, Discovery Bay,
Four Corners, Chimacum and Gardiner.
(d) Convenience Crossroads (CC). Convenience crossroads consist of a single commercial
property at a historical crossroads. Typically, the existing commercial use is a convenience or
general store with associated uses that provide a limited selection of basic retail goods and
services for the local population and the commuting or traveling public. Land uses are not
oriented to markets beyond the local rural population. There are three convenience crossroad
designations in Jefferson County: Nordland, Beaver Valley and Wawa Point.
(3) Rural Industrial.
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(a) Light Industrial/Manufacturing (LI/M). The purpose of this district is to provide for rural
economic development by regulating light industrial and manufacturing uses in the Quilcene
area. The light industrial uses and activities associated with this district are intended to be
compatible with the rural character. There are two light industrial/manufacturing districts in
Jefferson County: Quilcene and Eastview.
(b) Glen Cove Light Industrial/Commercial (LI/C). The intent of this district is to facilitate
economic development and provide for a broader range of light industrial and associated
commercial activities in the Glen Cove area. Associated commercial activities are intended to
directly serve the needs of the land use activities existing within this district.
(c) Glen Cove Light Industrial (LI). The purpose of this district is to facilitate economic
development and provide for a broad range of light industrial uses. The light industrial uses and
activities associated with this district are intended to be compatible with the Glen Cove area.
(d) Heavy Industrial (HI). The intent of this district is to facilitate economic development and
regulate development of more intensive heavy industrial and manufacturing activities, including
and associated with the Port Townsend Paper Mill.
(e) Resource Based Industrial (RBI). This district recognizes existing forest resource-based
industries in Jefferson County, in particular active sawmills and related activities. The district is
intended to facilitate the continued operation of existing functional sawmills and related
resource-based industrial activities in the county. There are three resource-based industrial site
designations in Jefferson County: Gardiner, Center Valley, and the West End.
(4) Forest Transition Overlay 1 Unit/5 Acres (FTO 1:5). This category provides a transitional area
between forest resource lands and abutting rural residential lands characterized by pre-platted lots of
density greater or equal to one acre in size. The FTO category does not automatically attach to any
lands, but parcel(s) may be approved for such designation in accordance with the provisions of JCC
18.15.571. Its intent is to promote the continued viability of resource-based activities in rural areas by
minimizing the potential for conflict and incompatibility between these uses and surrounding
residential uses. [Ord. 8-06 § 1]
18.15.020 Resource lands.
This land use class includes three main categories and several distinct “districts.”
(1) Agricultural Resource Lands (AG).1
(a) Prime Agricultural Lands (AP-20). The purpose of the prime agricultural lands district is to
protect and preserve areas of prime agricultural soils for the continued production of commercial
crops, livestock, or other agricultural products requiring relatively large tracts of agricultural land.
It is intended to preserve and protect the land environment, economy and lifestyle of agriculture
in Jefferson County. These lands must be protected as “agricultural lands of long-term
commercial significance.”
(b) Agricultural Lands of Local Importance (AL-20). The purpose of the agricultural lands of local
importance district is to protect and preserve parcels of land which, while not necessarily
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consisting of prime agriculture soil or relatively large acreage, are still considered important to
the local agricultural economy, lifestyle and environment. As such they deserve protection as
“agricultural lands of long-term commercial significance.”
(2) Forest Resource Lands (FOR).
(a) Commercial Forest (CF-80). The purpose of the commercial forest district is to ensure large
tracts of forest lands of long-term significance are protected from incompatible uses thereby
sustaining the ability of forest resource extraction activities to be maintained as a viable
commercial activity.
(b) Rural Forest (RF-40). The purpose of the rural forest district is to ensure forest lands of long-
term significance are protected from incompatible uses thereby sustaining the ability of forest
resource extraction activities to be maintained as a viable commercial activity, while allowing for
diversity in the size of forest tracts.
(c) Inholding Forest (IF). This district encompasses parcels at least 20 acres in size that are
entirely surrounded by designated forest resource lands and that are not vested for development
under Washington State law.
(3) Mineral Resource Lands (MRL).
(a) Mineral Resource Lands Overlay District (MRL). The mineral resource land district is to
provide for the conservation of mineral lands of long-term commercial significance (Article VI-C
of this chapter). The intent of this district is to aid in sustaining and enhancing mineral extraction
and processing activities of long-term commercial significance by protecting designated lands
from incompatible development and to allow for the continued contribution of mineral lands to
the Jefferson County economy. [Ord. 8-06 § 1]
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other residential
uses, but only if the residential uses are integrated into and support the on-site recreational nature of
the resort.
(1) Port Ludlow Master Planned Resort (MPR). The only existing officially designated master planned
resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW
36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title 17. The
master planned resort of Port Ludlow is characterized by both single-family and multifamily residential
units with attendant recreational facilities including a marina, resort and convention center. The
master planned resort of Port Ludlow also includes a large residential community. The entire resort is
served by a village commercial center, which accommodates uses limited to serving the resort and
local population. The master planned resort’s internal regulations and planning restrictions such as
codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
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However, Jefferson County does not enforce private codes, covenants and restrictions. [Ord. 8-06
§ 1]
18.15.030 Public.
This land use class consists of nonfederal public lands used for special purposes. It includes three
districts:
(1) Parks, Preserves and Recreation (PPR). This land use district consists of state and county parks,
preserves and recreational sites. It is intended to provide for public recreational opportunities
consistent with the rural character of the county and preserve significant natural amenities of special
or unique character.
(2) County Waste Management Essential Public Facility (CWMEPF).
(3) Airport Essential Public Facility (AEPF). This land use district consists of land owned by the Port
of Port Townsend that directly and indirectly supports operations of the Jefferson County International
Airport as an essential public facility. It is intended to promote compatible land uses and the long-term
economic viability of the JCIA consistent with county goals regarding essential public facilities, the
preservation of rural character, and economic development. [Ord. 8-06 § 1]
Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation
18.15.035 General applicability.
The land use regulations in this section implement the Comprehensive Plan. They are broken down
into broad categories which should include almost any type of land use that might be proposed. The
use regulations establish standard procedures for all new development. [Ord. 8-06 § 1]
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards (Chapter
18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable provisions of this
code (including project permit approval, see Chapter 18.40 JCC, if a building or other development
permit is required) are designated by a “Yes.”
(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be
allowed subject to the applicable development and performance standards (Chapters 18.20 and
18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for
“discretionary”). On the basis of the administrative review, the administrator may classify the
proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular land
use district affected.
Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40
JCC. Decisions classifying “D” uses made under this section may be appealed to the hearing
examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use as an
allowed “Yes” use in the particular district affected, only if the proposed development:
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(a) Complies with the applicable development standards of Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique to the proposed use
specified in Chapter 18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals and policies for the land
use designation and district in which the proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable
regulations of the Shoreline Master Program if the application involves property located within
the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;
(e) Will be served by adequate facilities including access, fire protection, water and sewer
facilities (municipal, community, or on-site systems);
(f) Does not include any use or activity that would result in the siting of an incompatible use
adjacent to an airport or airfield (Chapter 36.70 RCW);
(g) Shall not adversely impact the public health, safety and general welfare of the residents of
the county;
(h) Shares characteristics common with but not of significantly greater intensity, density or that
generates more environmental impact than those uses allowed in the district in which it is to be
located; and
(i) Will not result in impacts on the human or natural environments determined by the
administrator to require review as a conditional use.
If the preceding conditions are not met to the satisfaction of the administrator, the administrator may
either prohibit the use or require a conditional use permit.
(3) Conditional Uses. All conditional uses are designated by a “C” and may be allowed subject to
meeting the applicable development standards (Chapter 18.30 JCC), performance standards unique
to the proposed use (Chapter 18.20 JCC), and the criteria for a conditional use permit (Article VIII of
Chapter 18.40 JCC), as provided for in this code. All conditional uses shall be reviewed in
accordance with a Type III quasi-judicial permit review process (requiring public notice, written
comment and a public hearing) outlined in Chapter 18.40 JCC; except that conditional administrative
uses (designated by a “C(a)”) may be allowed subject to a Type II administrative permit review
process (requiring public notice and written comment, but not a public hearing); and conditional
discretionary uses (designated by a “C(d)”) may be allowed subject to a Type II permit review
process, unless the administrator determines that a Type III permit review process (requiring a public
hearing) is warranted based on the project’s potential impacts, size or complexity, according to
criteria in JCC 18.40.520.
(4) Prohibited Uses. Uses designated with a “No” are not allowed in the applicable land use district.
Table 3-1. Allowable and Prohibited Uses
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How To Use This Table
Table 3-1 displays the classifications of uses for land use districts, except for
land use and zoning districts in the Irondale and Port Hadlock UGA which are
specified in Chapter 18.18 JCC.
The allowability and classification of uses as represented in the table are
further modified by the following:
The location may have a multiple designation. This would be true of the
Shoreline Master Program, a subarea plan, or an overlay district applied to
the location. The Shoreline Master Program (SMP) should be consulted if the
location of interest is subject to the SMP jurisdiction. See also Notes 1 to 3 to
this table.
All regulations in this code apply to the uses in these tables. To determine
whether a particular use or activity can occur in a particular land use district
and location, all relevant regulations must also be consulted in addition to this
table.
Categories of Uses
Yes =Uses allowed subject to the provisions of this code, including
meeting applicable performance standards (Chapter 18.20
JCC) and development standards (Chapter 18.30 JCC); if a
building or other development permit is required, this use is
also subject to project permit approval; see Chapter 18.40
JCC.
D =Discretionary uses are certain named and all unnamed uses
which may be allowed subject to administrative approval and
consistency with the UDC, unless the administrator prohibits
the use or requires a conditional use permit based on project
impacts; see JCC 18.15.040(2) and Chapter 18.40 JCC.
C =Conditional uses, subject to criteria, public notice, written
public comment and public hearing procedure; see Article VIII
of Chapter 18.40 JCC.
C(a)=Conditional uses, subject to criteria, public notice, written
public comment, and an administrative approval procedure,
but not a public hearing; see Article VIII of Chapter 18.40
JCC.
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C(d)=Conditional uses, subject to criteria, public notice, written
public comment and, at the discretion of the administrator, a
public hearing procedure, if warranted, based on the project’s
potential impacts, size or complexity, according to criteria in
JCC 18.40.520; see Article VIII of Chapter 18.40 JCC.
No =Prohibited use.
NOTES:
1. All uses must be consistent with the purpose of the land use district in which they are proposed
to occur; see the Land Use Element of the Comprehensive Plan. All land uses in all districts must
meet the general regulations in Article III of this chapter unless otherwise stated herein.
2. A land use or development proposed to be located entirely or partly within 200 feet of the
ordinary high water mark of a regulated shoreline is within the jurisdiction of the Shoreline Master
Program, and is subject to the applicable provisions of this chapter and of the SMP, as well as the
applicable provisions and permit requirements indicated in this table. Please refer to the Shoreline
Master Program for specific use regulations and regulations by shoreline environment.
3. Overlay districts provide policies and regulations in addition to those of the underlying land use
districts for certain land areas and for uses that warrant specific recognition and management. For
any land use or development proposed to be located entirely or partly within an overlay district, or
within the jurisdiction of a subarea plan, the applicable provisions of the overlay district or subarea
plan as provided in Articles VI and VII of this chapter shall prevail over any conflicting provisions of
the UDC.
4. The assignment of allowed or prohibited uses may not directly or indirectly preclude the siting of
“essential public facilities” (as designated in the Comprehensive Plan) within the county. See JCC
18.15.110.
5. Outright uses are land uses or activities which are exempt from the provisions of this Unified
Development Code.
6. Land Use Districts:
AG Agricultural Resource Lands I Rural Industrial
AP-20 Prime Agricultural Land RI Resource Industrial
AL-20 Agricultural Land of Local
Importance
LI/C Light Industrial/Commercial (Glen Cove)
LI Light Industrial (Glen Cove)
F Forest Resource Lands LI/M Light Industrial/Manufacturing
CF-80 Commercial Forest HI Heavy Industrial
RF-40 Rural Forest
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IF Inholding Forest P Public
PPR Parks, Preserves and Recreation
RR Rural Residential
RR 1:5 Rural Residential – 1 DU/5 Acres UGA Urban Growth Area
RR 1:10 Rural Residential – 1 DU/10 Acres [See Chapter 18.18 JCC]
RR 1:20 Rural Residential – 1 DU/20 Acres
RC Rural Commercial
RVC Rural Village Center
CC Convenience Crossroads
NC Neighborhood/Visitor Crossroads
GC General Crossroads
7. Forest practices (including timber harvesting), except for Class IV, general (see JCC 18.20.160)
are regulated by the Washington Department of Natural Resources.
Resource Lands Rural Residential Rural Commercial
Agricultural
– Prime
and Local
Forest –
Commercial,
Rural
and
Inholding
1
DU/5
Acres
1
DU/10
Acres
1
DU/20
Acres
Rural
Village
Center
Convenience
Crossroad
Neighborhood/Visitor
Specific Land Use AG CF/RF/IF
RR
1:5
RR
1:10
RR
1:20 RVC CC
Residential Uses
Single-Family Housing
Accessory dwellings units Yes Yes Yes Yes Yes Yes No No
Caretaker residence (public
parks)
No No No No No No No No
Co-housing/intentional
communities (subject to
PRRD overlay in RR districts)
Yes No Yes Yes Yes Yes No No
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Manufactured/mobile home
parks (subject to PRRD
overlay in RR districts)
No No Yes Yes Yes Yes No Yes
Single-family residences Yes Yes Yes Yes Yes Yes No No
Transient rental of residence
or accessory dwelling unit
Yes Yes Yes Yes Yes Yes No No
Duplexes (subject to meeting
underlying density
requirements)
Yes Yes Yes Yes Yes Yes No No
Farm worker housing See JCC
18.20.030
No No No No No No No
Multifamily Housing
Multifamily residential units
(3+ units)
No No No No No Yes No Yes
Residential care facilities with
up to 5 persons
No No Yes Yes Yes Yes No No
Residential care facilities with
6 to 20 persons
No No C C C Yes No No
Nursing/convalescent/assisted
living facilities
No No C C C Yes No Yes
Unnamed residential uses No No D D D D No D
Accessory Uses
Home businesses Yes Yes Yes Yes Yes Yes No Yes
Cottage industry (not
including recreational
marijuana)
C(a)C(a)C(d)C(d)C(d)Yes No Yes
Hobby kennel Yes Yes Yes Yes Yes No No No
Commercial Uses
Animal commercial kennels
and catteries
See JCC
18.20.030
C(d)C(d)C(d)C(d)C(d)No No
Automotive service and repair No No No No No Yes No Yes
Automotive service and repair
(with subordinate auto sales)
No No No No No Yes No No
Bed and breakfast inn (4 to 6
rooms)
Yes No C(a)C(a)C(a)Yes No Yes
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Bed and breakfast residence
(1 to 3 rooms)
Yes Yes Yes Yes Yes Yes Yes Yes
Boat storage, commercial
(outside of SMP)
No No No No No Yes No No
Boat building and repair,
commercial
No No No No No C No No
Clinics (medical, dental, and
vision)
No No No No No Yes No Yes
Convenience and video stores No No No No No Yes Yes Yes
Day care, commercial C No No No No Yes No Yes
Drinking establishment No No No No No Yes No Yes
Eating establishment No No No No No Yes Yes Yes
Sexually oriented businesses No No No No No C C No
Small equipment repair, sales
and rental services
See JCC
18.20.030
No No No No Yes No Yes
Construction contractor,
commercial
No No No No No Yes No No/
Yes
Food and beverage stands No No No No No Yes Yes Yes
Gas stations No No No No No Yes Yes Yes
Golf courses and driving
ranges
No No C C C No No No
Grocery stores and gift shops No No No No No Yes No Yes
Hotel/motel No No No No No Yes No No
Indoor entertainment or
recreational facility
No No No No No Yes No Yes
Liquor stores No No No No No Yes No Yes
Lumber yards/building supply
and materials
No No No No No Yes No No
Marijuana recreational retailer C(d)No No No No Yes No Yes
Mini-storage facilities No No No No No Yes No C/
Yes
Personal and professional
services
No No No No No Yes D D
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Resorts, master planned
(new)
See Article IV of Chapter 18.15 JCC
Retail sales and services (not
including recreational
marijuana retail)
See JCC
18.20.030
No No No No Yes D D
Vehicle sales, new and used
retail (auto and RV)
No No No No No C(a)No No
Veterinary clinics and
hospitals
See JCC
18.20.030
Unnamed commercial uses No No No No No D D D
Industrial Uses
Bulk plant or terminal facilities No No No No No No No No
Asphalt and concrete batch
plants
No C No No No No No No
Heavy equipment sales and
rental services
No No No No No C(a)No No
Heavy industrial, resource-
based
No No No No No No No No
Light industrial/manufacturing
(not including recreational
marijuana processing)
See JCC
18.20.030
No No No No No No No
Food or beverage bottling
and/or packaging
See JCC
18.20.030
No No No No No No No
Outdoor storage yards See JCC
18.20.030
No No No No No No No
Recycling center See JCC
18.20.030
No No No No No No No/C
Marijuana recreational
processor
C(d)C(d)C(d)C(d)C(d)No No No
Mineral extraction activities
(without MRL overlay)
Yes Yes C C C No No No
Mineral extraction activities
(w/MRL overlay) (10-acre min.
lot size)
Yes Yes Yes Yes Yes No No No
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Mineral processing accessory
to extraction operations
(without MRL overlay)
C C C C C No No No
Mineral processing accessory
to extraction operations
(w/MRL overlay)
Yes Yes C C C No No No
Warehouse/wholesale
distribution center
See JCC
18.20.030
No No No No No No No
(Automobile) wrecking yards
and junk (or salvage) yards
No No No No No No No No/
Yes
Unnamed industrial uses No No No No No No No No
Institutional Uses
Essential Public Facilities9 See JCC 18.15.110
Airports (w/o airport EPF
overlay)
No No No No No No No No
Educational facilities (state
owned)
No No C C C C No C
Large-scale regional
transportation facilities (state
owned) (e.g., freeways, ferry
terminals)
No No C C C C No C
Correctional facilities No No C C C C No C
Solid waste handling and
disposal facilities
No No C C C C No C
Inpatient substance abuse
and mental health facilities
No No C C C C No C
Unnamed essential public
facilities
See JCC
18.20.030
No C C C C C C
Public Purpose Facilities
Animal shelter C(d)C(d)C(d)C(d)C(d)C(d)C(d)C(d)
Assembly facilities See JCC
18.20.030
No C(d)C(d)C(d)Yes No C(a)
College or technical
school/adult education facility
(not state owned)
See JCC
18.20.030
No No No No C No C
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Emergency services (police,
fire, EMS)
C C C C C C C C
Government offices No No No No No Yes No Yes
Library No No No No No Yes No Yes
Museum No No No No No Yes No Yes
Parks and playfields C C Yes Yes Yes Yes Yes Yes
Post office No No No No No Yes Yes Yes
Public works
maintenance/equipment
storage shops
C C C(d)C(d)C(d)Yes Yes Yes
Recreational facilities C C Yes Yes Yes Yes Yes Yes
Recycling collection facilities See JCC
18.20.030
C(a)C(a)C(a)C(a)Yes Yes Yes
School, primary and
secondary
See JCC
18.20.030
No C C C C No No
Visitor/interpretive center No C(d)C(d)C(d)C(d)C(d)No C(d)
Water/wastewater treatment
facilities
No No C(d)C(d)C(d)Yes Yes Yes
Cemeteries No No C(d)C(d)C(d)No No No
Religious assembly facility No No C(d)C(d)C(d)C(a)No C(a)
Unnamed institutional uses No No D D D D D D
Small-Scale Recreation and
Tourist Uses
Aerial recreational activities
(e.g., balloon rides, gliders)
No No C(d)C(d)C(d)C(d)No No
Animal preserves and game
farms with dangerous wild
animals
No No C(d)C(d)C(d)No No No
Animal tourist farms with
domestic and nondangerous
wild animals
See JCC
18.20.030
Agritourism See JCC
18.20.030
Campgrounds and camping
facilities, new
See JCC
18.20.030
C(d)C(d)C(d)C(d)No No No
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Campgrounds, camping
facilities and small-scale
resorts; expansion of existing
facilities
See JCC
18.20.030
C(d)C(d)C(d)C(d)No No No
Cultural festival and historic
sites, permanent
C(d)C(d)C(d)C(d)C(d)C(d)No C(d)
Equestrian centers C(d)C(d)C(d)C(d)C(d)No No No
Outdoor commercial
amusement facilities
See JCC
18.20.030
No C C C Yes No No
Outdoor archery ranges No C(d)C(d)C(d)C(d)No No No
Recreational, cultural or
religious conference
center/retreat facilities
See JCC
18.20.030
No C C C C(d)No No
Recreational vehicle parks No C(d)C(d)C(d)C(d)Yes No No
Outdoor shooting ranges No C No No No No No No
Outdoor recreational
equipment rental and/or guide
services
See JCC
18.20.030
No C(d)C(d)C(d)Yes No Yes
Public display gardens C(d)C(d)C(d)C(d)C(d)Yes No No
Rural restaurant, only when
associated with a primary
recreational or tourist use
See JCC
18.20.030
No C(d)C(d)C(d)N/A N/A N/A
Recreational off-road vehicle
(ORV) and all-terrain vehicle
(ATV) parks and recreational
areas
No C No No No No No No
Rural recreational lodging or
cabins for transient rental
See JCC
18.20.030
No C C C N/A N/A N/A
Unnamed small-scale
recreation and tourist uses
See JCC
18.20.030
No C(d)C(d)C(d)D D D
Temporary Uses
Seasonal roadside stands See JCC 18.20.330
Temporary festivals See JCC 18.20.390
Temporary outdoor uses See JCC 18.20.380
Transportation Uses
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1
2
3
Park and ride lots/transit
facilities
C(d)C(d)C(d)C(d)C(d)Yes Yes Yes
Roads, public or private Yes Yes Yes Yes Yes Yes Yes Yes
Trails and paths, public or
private
Yes Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D D
Utilities Uses
Commercial communication
facilities
See JCC 18.20.130
Utility developments, major C C C C C C C C
Utility developments, minor C(a)C(a)C(a)C(a)C(a)C(a)C(a)C(a)
Unnamed utility uses D D D D D D D D
Agricultural and Forestry
Uses
Agricultural activities and
accessory uses
See JCC 18.20.030
Aquacultural uses and
activities (outside of shoreline
jurisdiction)
Yes No Yes Yes Yes No No No
Aquatic plant and animal
processing and storage
See JCC
18.20.030
No No No No No No No
Lumber mills and associated
forestry processing activities
and uses
See JCC
18.20.030
C(a)No No No No No No
Marijuana Recreational
Producer
Yes C(d)C(d)C(d)C(d)No No No
Nurseries Yes Yes C(d)C(d)C(d)Yes No Yes
Unnamed agricultural and
forestry uses
D D D D D No No No
Four Corners only
Hotel/motels are not allowed in NC districts, except for Discovery Bay
Chimacum and Four Corners, existing only
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4
5
6
7
8
9
SR 19/20 only
Four Corners only
Ness Corner only
Four Corners, existing only
Ness Corner, existing only
Classification of EPF uses within appropriate districts are advisory only, subject to provisions of
Article V of Chapter 18.15 JCC
[Ord. 4-15 § 2 (Att. A); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that new uses may evolve
over time. Furthermore, it establishes the administrator’s authority to review proposed “unnamed”
uses for similarity with other uses listed in this code and to ensure consistency of the proposed use
with the applicable district. When a use is not specifically listed in Table 3-1 (or, if proposed within the
Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed as a discretionary “D”
use by the administrator, using a Type II process specified in Chapter 18.40 JCC. The administrator
shall use the criteria contained in JCC 18.15.040(2) to determine and establish whether the proposed
unnamed use shall be classified as an allowed use, a conditional use, or prohibited within the
applicable district. [Ord. 8-06 § 1]
18.15.050 Multiple designations.
Some properties or developments may be subject to the regulations for two or more applicable land
use districts, shoreline environments, or overlay districts. [Ord. 8-06 § 1]
18.15.055 Allowable residential density.
(1) The maximum allowable residential density for all parcels is shown on the official maps of the
Jefferson County Comprehensive Plan.
(2) The maximum allowable density reflects the general intent of the Comprehensive Plan and should
be allowed unless maximum density would exceed site capabilities or unless it would thwart other
applicable county land use regulations.
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(3) The residential densities specified on the official maps shall not constitute and shall not be
construed as minimum lot sizes. If specific site considerations dictate a lower density than that shown
on the official maps, the county shall have authority to impose a lower density. [Ord. 8-06 § 1]
18.15.060 Development standards and use limitations.
All uses are subject to certain bulk and dimensional standards, such as setbacks and off-street
parking requirements. These standards are specified in Chapter 18.30 JCC and supplementary
standards for land uses in the Irondale and Port Hadlock UGA are identified in Chapter 18.18 JCC.
[Ord. 8-06 § 1]
18.15.065 Criteria for site-specific redesignations and master planned resort
approval.
The criteria for decision-making on these actions are specified in Chapters 18.40 and 18.45 JCC.
[Ord. 8-06 § 1]
18.15.070 Application, notice, and appeal requirements.
The requirements to file an application, the administrative processes for handling the application, and
appeal procedures, are specified in Chapter 18.40 JCC. [Ord. 8-06 § 1]
18.15.075 Variances from standards.
Variances to performance standards of Chapters 18.20 and 18.30 JCC may be requested in
accordance with the requirements of Chapter 18.40 JCC. [Ord. 8-06 § 1]
18.15.080 Change of use.
Any time a change of use occurs within an existing building or structure, such uses shall only be
allowed if consistent with the uses allowed in the applicable land use and zoning district as specified
in this chapter or Chapter 18.18 JCC and if such uses meet the applicable performance standards of
Chapter 18.20 JCC and the development standards of Chapter 18.30 JCC unless waived by the
administrator. [Ord. 8-06 § 1]
Article III. Land Use Regulations – General Provisions
18.15.085 Applicability.
The regulations in this article apply to all land uses in all districts unless stated otherwise. [Ord. 8-06
§ 1]
18.15.090 Archaeological and historical site protection.
(1) When an application for development is received for an area known to be archaeologically or
historically significant, no action shall be taken on the application and the applicant shall not initiate
any excavation or development activity until the site has been inspected by a qualified archaeologist,
historian, or architect, as appropriate, designated by the administrator.
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(2) If during excavation or development of a site an area of potential archaeological significance is
uncovered, all activity in the immediate vicinity shall be halted, and the administrator shall be notified
at once.
(3) The following shall be stated as a condition of approval on all development permits issued by the
county:
If during excavation or development of the site an area of potential archaeological significance is
uncovered, all activity in the immediate area shall be halted, and the Administrator shall be
notified at once.
[Ord. 8-06 § 1]
18.15.095 Right to farm and forestry provisions.
(1) Applicability. Right to farm and forestry provisions apply to all resource and rural land use districts
except rural residential 1:5. The provisions of this section are not to be construed to in any way
modify, supersede or abridge state or county law relative to nuisances; rather, they are only to be
used in the interpretation and enforcement of the provisions of this code.
(2) Purpose. To provide the residents of the county proper notification of the county’s recognition and
support of farming and forestry activities.
(3) Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities,
lumber mills (operating between 7:00 a.m. and 7:00 p.m.), and other facilities, or appurtenances
thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated
as rural residential 1:10 and 1:20, rural industrial, rural commercial, agricultural resource, or forest
resource.
(4) Disclosure. The disclosure statement in subsection (4)(b) of this section shall be used under the
following circumstances and in the following manner:
(a) Approval of any land division, land use, building, or development of any lands within 500 feet
of lands which are designated as agricultural resource, forest resource, or mineral resource shall
include a condition of approval affixed to the land use or project permit approval issued by
Jefferson County. This condition is intended to disclose to applicants their proximity to resource
lands and potential discomforts which are associated with resource land activities.
(b) The required disclosure statement is as follows:
Jefferson County has determined that the use of real property for agricultural and forestry
operations is a high priority and favored use in the county. The county will not consider to be a
nuisance those inconveniences or discomforts arising from such operations, if such operations
are consistent with commonly accepted best management practices in compliance with local,
state, and federal laws. If your real property includes or is within five hundred (500) feet of real
property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial,
Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such
farming and forestry operations, including but not limited to noise, tree removal, odors, flies,
fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the
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storage and disposal of manure, and the application of permitted fertilizers and permitted
pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry
operations which are in conformance with existing laws and regulations.
[Ord. 8-06 § 1]
18.15.100 Development permits and resource lands.
Development permit approvals for the use of lands adjacent to lands designated resource lands shall
be conditioned through the disclosure statement in JCC 18.15.095(4)(b) and other appropriate
measures to ensure that the use of such lands shall not interfere with the continued use in the
accustomed manner and in accordance with best management practices of those lands designated
for resource purposes. [Ord. 8-06 § 1]
18.15.105 Overlay districts and subarea plans.
Overlay districts and subarea plans provide policies and regulations in addition to those of the
underlying land use districts. The regulations for these areas are found in Articles VI and VII of this
chapter. [Ord. 8-06 § 1]
18.15.110 Special use permit – Siting of essential public facilities.
The Growth Management Act directs that no comprehensive plan or development regulation may
preclude the siting of essential public facilities (RCW 36.70A.200(2)). The location and permitting of
essential public facilities shall be guided by the policies of the Comprehensive Plan, and subject to
the following procedures:
(1) The siting and location policies and strategies of the Jefferson County Comprehensive Plan and
Countywide Planning Policy No. 4 shall be followed to the maximum extent possible.
(2) Essential public facilities shall be located if possible within land use designations for which the
uses are allowed (cf. Tables 3.1 or Chapter 18.18 JCC).
(3) Only if no practicable alternative exists, and then only to the minimum extent possible and in
accordance with applicable regulations, may such facilities be located where the uses are prohibited.
(4) A special use permit shall be required only for the siting of essential public facilities under this
code.
(a) Process. A special use permit shall be reviewed under the same process as a
Comprehensive Plan amendment, as specified in Chapter 18.45 JCC.
(b) Application Requirements. An applicant for a special use permit shall provide the same
application materials as for a petition for a site-specific land use redesignation, as specified in
Chapter 18.45 JCC. A special use permit shall also include an alternative site analysis
evaluating at least two other alternative sites for the proposed facility.
(c) Approval Criteria. The burden of proof shall be on the applicant to provide evidence in
support of the application. The criteria for approval or denial shall include the following elements:
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(i) The characteristics of the special use will not be unreasonably incompatible with the
types of uses permitted in surrounding areas;
(ii) The proposed special use will not create undue noise, odor, heat, vibration, air or water
pollution impacts on surrounding existing or potential dwelling units;
(iii) The special use will not materially endanger the health, safety and welfare of the
community;
(iv) The special use is such that pedestrian and vehicular traffic associated with the use will
not be hazardous to or significantly conflict with existing and anticipated traffic in the local
area;
(v) The special use will be supported by adequate public facilities or services and will not
adversely affect pubic services to the surrounding area unless conditions can be
established to mitigate adverse impacts;
(vi) The location, size and height of buildings, structures, walls and fences and screening
vegetation for the special use shall not hinder or discourage the appropriate development or
use of neighboring properties;
(vii) The special use is not in conflict with the policies of the Comprehensive Plan, the
comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic
purposes of this chapter;
(viii) For special uses outside of UGAs, extension, construction, or maintenance of urban
services and facilities is not required, unless no practicable alternative exists;
(ix) No feasible alternative site exists which better meet the requirements of these criteria;
(x) The need for the special use at a specific location is documented, taking into account
regionwide distribution of facilities and the capacity and location of equivalent facilities;
(xi) For special uses in or adjacent to resource lands, the impacts on the long-term natural
resource management and production will be minimized;
(xii) For state-owned essential public facilities, the state shall provide justification for the
facility and its location in Jefferson County based on forecasted needs and a logical service
area; and
(xiii) For state-owned essential public facilities, the state shall have established a public
process by which the residents of the county and of affected and “host” municipalities have
a reasonable opportunity to participate in the site selection process.
(d) Conditions of Approval. If approved, conditions of approval for the special use may include
conditions of approval which address the criteria listed above and the following:
(i) Accessibility;
(ii) Transportation needs and services;
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(iii) Public facility and service needs and availability;
(iv) Site design;
(v) Control of on-site and off-site impacts during construction;
(vi) Facility operations; and
(vii) Impacts on environmentally sensitive areas. [Ord. 8-06 § 1]
Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)
18.15.1110 Designated.
The Jefferson County International Airport (JCIA) is a general purpose, public aviation airport that
provides recreational, business, flight training, charter and air taxi services and other uses. The
airport essential public facility district designation (see the official Jefferson County Comprehensive
Plan land use designations map) shall apply to the following:
(1) Parcels designated as an airport essential public facility on the official Jefferson County
Comprehensive Plan land use designations map;
(2) Any parcel or parcels (a) subsequently acquired by the Port in accordance with the provisions of
the approved JCIA master plan, or (b) currently owned by the Port, which are approved for inclusion
in the airport essential public facility district through the Jefferson County Comprehensive Plan text
and land use amendment process, or any other applicable process. [Ord. 8-06 § 1]
18.15.1112 Purpose and intent.
The purpose and intent of this article is to regulate land uses within the airport essential public facility
district (AEPF) in order to encourage orderly economic development in a manner compatible with the
Jefferson County International Airport Master Plan, airport operations and adjacent properties, and to
protect the county’s only general aviation public use airport from conflicting or incompatible adjacent
land uses or activities. [Ord. 11-09 § 2 (Att. B); Ord. 8-06 § 1]
18.15.1114 Permitted, conditional and prohibited uses.
New development within the AEPF district shall be restricted principally to aviation support facilities
and aviation-related manufacturing/light industrial uses. However, certain public and quasi-public
uses and non-aviation-related rural light industrial uses may be permitted as specifically set forth in
this section, and JCC 18.15.453, et seq. [Ord. 11-09 § 2 (Att. B); Ord. 8-06 § 1]
18.15.1116 Permitted uses.
(1) Aviation support facilities and activities that directly support flight operations and the operation of
the Jefferson County International Airport, and include, but are not limited to:
(a) Pilot and passenger service facilities, including food service;
(b) Charter services and aircraft rentals;
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(c) Airport-related government offices;
(d) Navigational aids;
(e) Runway aprons;
(f) Terminal buildings;
(g) Hangars;
(h) Fuel storage facilities;
(i) Operations/maintenance facilities;
(j) Aviation museum and/or visitor interpretive center;
(k) Automobile parking; and
(l) Restaurants;
(2) Aviation-related manufacturing and light industrial uses and activities that comply with FAA
guidelines and which contribute to the operations of the JCIA as an economically self-supporting
enterprise. These include but are not limited to:
(a) Aircraft repair facilities;
(b) Aircraft remodeling facilities;
(c) Aircraft sales and related aircraft equipment, services and supplies;
(d) Aircraft manufacturing;
(e) Airborne freight facilities;
(f) Air pilot training schools;
(g) Aviation clubs;
(h) Taxi and bus terminals;
(i) Automobile rental and associated parking;
(j) Aviation-related manufacturing authorized and approved by the Federal Aviation
Administration; and
(k) Aerial recreational activities (e.g., balloon rides, gliders, etc.);
(3) Public works maintenance/equipment storage shops;
(4) Park and ride lots/transit facilities;
(5) Roads, public or private;
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(6) Public trails and paths; and
(7) Port-related government offices. [Ord. 8-06 § 1]
18.15.1118 Conditional, discretionary and special uses.
(Classified as “C,” “C(a),” “C(d)” and “D” as described in the notes preceding Table 3-1 in JCC
18.15.040):
(1) Large-scale regional transportation facilities (state-owned) (e.g., freeways) (C);
(2) Unnamed essential public facilities (C);
(3) Emergency services (police, fire and EMS) (C);
(4) Utility developments, major (C);
(5) Utility developments, minor (C(a));
(6) Unnamed transportation uses (D);
(7) Unnamed utility uses (D); and
(8) Commercial communication facilities (note: this is a special use under JCC 18.20.130). [Ord. 8-06
§ 1]
18.15.1120 Accessory uses.
Other uses accessory or incidental to uses allowed in this article are permitted in the airport essential
public facility district subject to approval by the Federal Aviation Administration. Such uses include,
but are not limited to, caretaker residences. [Ord. 8-06 § 1]
18.15.1122 Prohibited uses.
Uses not specified within this article are prohibited. Additionally, uses or activities that may affect
flight operations including, but not limited to, the following are prohibited:
(1) Any use that releases airborne substances, such as steam, dust or smoke;
(2) Any use that attracts concentrations of birds, waterfowl or other wildlife;
(3) Uses that are determined to pose a hazard to the safe operation of the airport as an aviation
facility. [Ord. 8-06 § 1]
18.15.1124 Development standards.
This section provides standards to minimize the conflicts between the Jefferson County International
Airport and proposed future development proximal to the airport proper. The following development
standards are established to prevent future incompatible uses and airspace obstructions in airport
overlay districts, approaches and surrounding areas. Land uses and development shall comply with
the standards established in the Federal Aviation Regulations (FAR), Part 77 (Objects Affecting
Navigable Airspace). Where the standards contained in this section conflict with FAR, Part 77, the
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more restrictive shall apply. All other development standards and review and approval criteria in this
code shall also apply. [Ord. 8-06 § 1]
18.15.1126 Electrical emissions.
Any use or activity that emits electrical currents shall be installed in a manner that does not interfere
with communication systems or navigational equipment. [Ord. 8-06 § 1]
18.15.1128 Lighting.
New development that creates a glare of lighting that interferes with the lights necessary for aircraft
navigation, including landing and take-off, shall be prohibited. [Ord. 8-06 § 1]
18.15.1130 Height restrictions.
New development or alteration of existing development within the airport’s navigable airspace shall
be in accordance with Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable
Airspace). [Ord. 8-06 § 1]
18.15.1132 Ground transportation facilities.
All uses shall be served by adequate transportation facilities, including appropriate facilities for transit,
pedestrians, and bicycles. Where transportation facilities are not adequate to serve a proposed use,
the applicant shall make provision for necessary improvements. Transportation facilities shall be
deemed adequate if necessary improvements are planned and funded in the Jefferson County
Comprehensive Plan Six-Year Transportation Improvement Program. Transportation facilities shall
meet the design standards of the department of public works and Jefferson Transit. These standards
include, but are not limited to, the American Association of State Highway and Transportation Officials
(AASHTO) “Policy on Geometric Design of Highways and Streets,” the Institute of Transportation
Engineers “Trip Generation Manual,” and the Washington Department of Transportation “Highway
Design Manual” and “Standard Specifications for Road, Bridge, and Municipal Construction.” [Ord.
8-06 § 1]
Article IV. Master Planned Resorts – Special Provisions
18.15.115 Designated.
“Master planned resort” (MPR) is a land use designation established under the Comprehensive Plan.
The only existing officially designated master planned resort in the county is the Port Ludlow MPR,
provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW
36.70A.362 regarding designation of existing master planned resorts. Designation of any new master
planned resorts pursuant to RCW 36.70A.360 requires compliance with the provisions of this article
and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080. [Ord. 8-06 § 1]
18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water, natural
resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of
recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an
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opportunity to utilize these special features for enjoyment and recreational use, while bringing
significant economic diversification and benefits to rural communities. The purpose of this article is to
establish a master planned resort land use district to be applied to those properties the board of
county commissioners determines are appropriate for development as a master planned resort
consistent with the Comprehensive Plan policies and RCW 36.70A.360. [Ord. 8-06 § 1]
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(1) All residential uses including single-family and multifamily structures, condominiums, time-share
and fractionally owned accommodations; provided, such uses are integrated into and support the on-
site recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other
residential uses, that are made available for short-term rental; provided, that short-term visitor
accommodations shall constitute no less than 65 percent of the total resort accommodation units.
(3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses
(including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance
facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian
facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site
recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the needs of the users
such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food
stores, real estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment
rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits,
indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master
planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
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(9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of
this section, the Comprehensive Plan policies regarding master planned resorts, and RCW
36.70A.360. [Ord. 8-06 § 1]
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a
framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated to use and
enjoy, and the particular natural and recreational features that will attract people to the area and
resort.
(b) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on-site outdoor and indoor recreational facilities, off-site recreational
opportunities offered or provided as part of the resort’s services, and commercial and supportive
services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of use of the
MPR and a discussion of how these uses and their distribution meet the needs of the resort and
its users.
(d) A land use map or maps that depict the completed MPR development, showing the full
extent and ultimate development of the MPR or resort and its facilities and services, including
residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional features
that provide for a unified development, superior site design and protection of natural amenities,
and which further the goals and policies of the Comprehensive Plan. This shall address how
landscaping, screening, and open space, recreational facilities, road and parking design, capital
facilities, and other components are integrated into the project site.
(f) A description of the environmentally sensitive areas of the project and the measures that will
be employed for their protection. For an MPR adjacent to the water and subject to the
jurisdiction of the Shoreline Management Act, a description and supportive materials or maps
indicating proposed public access to the shoreline area pursuant to the Shoreline Master
Program.
(g) A description of how the MPR relates to surrounding properties, and how its design and
arrangement minimize adverse impacts and promote compatibility among land uses within the
development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or
desirable for the support of the development will be available, and that concurrency
requirements of the Comprehensive Plan will be met.
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(i) A description of the intended phasing of development of the project, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the full intended
scope and intensity of the development can be evaluated. This shall also discuss how the
project will function at interim stages prior to completion of all phases of the project, and how the
project may operate successfully and meet its environmental protection, concurrency, and other
commitments should development cease before all phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a development
agreement as authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW
36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and RCW 36.70B.170, the
development agreements shall be prepared by the applicant and must set forth the development
standards applicable to the development of a specific master planned resort, which may include, but
are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-
oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and
on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter
43.21C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and RCW
36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a
site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land
use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning
process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and JCC 18.45.030 may
be used if deemed appropriate by both the applicant and the county. The Comprehensive Plan
amendment or subarea plan may be processed by the county concurrent with the review of the resort
master plan and development agreement required for approval of a master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned resort
project may be designated by the county as a planned action pursuant to the provisions of RCW
43.21C.031 and WAC 197-11-164 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses are
prohibited outside the boundaries of a master planned resort, except in areas otherwise designated
as urban growth areas in compliance with RCW 36.70A.110. [Ord. 8-06 § 1]
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18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring legislative
approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of JCC
18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet
the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080,
shall hear and make recommendations on master plans and site-specific applications for MPR land
use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC 18.40.040,
18.40.850(5) and 18.45.080, shall designate new master planned resort land use districts on the
Comprehensive Plan Land Use Map, approve the uses, densities, conditions and standards
authorized for site-specific MPRs in a development agreement, and approve master plans. [Ord. 8-06
§ 1]
18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or approved
with modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can
be imposed to ensure that the application meets these criteria, then the application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this chapter
(Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of
the Shoreline Master Program, and complies with all other applicable sections of this code and all
other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational
facilities, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent
phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient services such
as transportation access, public safety, and social and health services, to adequately meet the needs
of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-site
urban-level commercial and other services, and such services shall be oriented to serve the MPR.
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(6) Environmental considerations are employed in the design, placement and screening of facilities
and amenities so that all uses within the MPR are harmonious with each other, and in order to
incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and
public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or minimize
adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location-specific standards to retain and enhance the character of the
resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of agricultural
products, and the MPR will not adversely affect adjacent agricultural or forest resource land
production. [Ord. 8-06 § 1]
18.15.138 Port Ludlow Master Planned Resort.
The Port Ludlow Master Planned Resort Code (JCC Title 17), as may be amended to be consistent
with the provisions of this UDC, is hereby adopted by reference and made a part of this UDC. [Ord.
8-06 § 1]
Article V. Rural and Resource Districts – Special Provisions
18.15.140 Agricultural and forest resource lands – Site-specific designations and
amendments.
The procedures and process for a site-specific designation or removal from designation of agricultural
and forest resource lands shall be the same as for a Comprehensive Plan amendment as provided in
Chapter 18.45 JCC. [Ord. 8-06 § 1]
18.15.145 Agricultural resource districts.
(1) Residential Density. No land designated as agricultural land shall be subdivided such that its
residential density exceeds one unit per 20 acres, when the property owner elects not to use the
cluster subdivision option provided in subsection (2) of this section.
(2) Clustering Provisions. The owner of a parcel designated as agricultural resources may undertake
a cluster subdivision in accordance with Article VI-M (PRRDs) of this chapter. The objective of a
cluster subdivision is to provide a property owner with sufficient development rights to maintain their
ownership options while retaining the maximum amount of land in agricultural production. [Ord. 8-06
§ 1]
18.15.150 Forest resource districts.
(1) Residential Density. There shall be no subdivision of land designated commercial forest or rural
forest for residential purposes. However, nothing in this code shall be construed to prevent the owner
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of designated commercial or rural forest land from living on his/her land; provided, that applicable
building requirements are met.
(2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for
construction or installation of nonresidential purposes, as allowed in Table 3-1 in JCC 18.15.040,
shall be at least 80 acres in size within the commercial forest designation and 40 acres in size within
the rural forest designation and must meet the following criteria:
(a) The facility cannot otherwise be suitability located on undesignated land;
(b) The installation cannot otherwise be accomplished without subdivision;
(c) The facility is to be located on the lowest feasible grade of forest land; and
(d) The facility removes as little land as possible from timber production.
(3) Setback Requirements for Adjacent Development. New structures proposed to be located on
parcels adjacent to designated forest lands shall:
(a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest
lands and 100 feet adjacent to the rural forest lands designation, which shall serve as a resource
protection area, as measured from the property boundaries of adjacent forest lands except as
follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a
setback of 250 feet adjacent to commercial forest lands and 100 feet adjacent to the rural
forest lands designation, then the new structure shall maintain the maximum setback
possible; or
(ii) If the owner of the land on which the new structure is proposed and the owner of the
adjacent forest land each sign and file for record, in the manner required by law for
covenants running with the land, a document which establishes an alternative setback for
one or both of the properties, a setback of less than 250 feet adjacent to commercial forest
lands and 100 feet adjacent to rural forest lands may be maintained;
(b) Provide adequate access for fire vehicles; and
(c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands
or within 100 feet of rural forest lands, in the area where the setback is to be applied, the
property owner shall survey the property boundaries that abut forest land in the area where the
setback is to be applied, locate the property boundaries on the ground, and submit a record of
survey, or other means deemed acceptable to the administrator, with a building permit
application.
(4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be
located on parcels designated commercial, rural, or inholding forest shall:
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(a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection
area, from the property boundaries of adjacent commercial and rural forest lands except as
follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a
setback of 250 feet, the new structure shall maintain the maximum setback possible.
(5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster
subdivisions of parcels adjacent to forest land shall establish a resource protection area of a minimum
250-foot width along commercial forest land boundaries and 100-foot width along rural forest and
inholding forest land boundaries. [Ord. 8-06 § 1]
Article VI. Overlay Districts
Article VI-A. Purpose
18.15.155 Established.
Overlay districts provide regulations in addition to those of other sections in this code for certain land
areas and for uses which warrant specific recognition and management. See the official maps for the
location of the overlay districts. Except as otherwise provided in this Article VI, the provisions of an
overlay district shall prevail over any conflicting provisions of this code for the duration of the overlay
district, subject to RCW Title 36. All other provisions of this code shall remain in full force and effect
within the overlay district. The following types of overlay districts are provided by this code:
(1) Mineral resource lands (MRL);
(2) Repealed by Ord. 3-08;
(3) Airport essential public facility district (A);
(4) Remote rural (RR) overlay for West End Planning Area (WEPA) and Brinnon Planning Area
(BRPA);
(5) Planned rural residential development (PRRD); and
(6) Small-scale recreation and tourist (SRT). [Ord. 3-08 § 2; Ord. 8-06 § 1]
Article VI-B. Maps
18.15.160 Official maps.
The official maps do not portray survey accuracy and do not provide a definitive answer as to whether
any overlay district regulations apply to a specific property. Persons may request a written
interpretation from the administrator as to the presence or absence of an overlay district(s) on specific
property, except as provided for ESAs in JCC 18.15.165. In those cases where the administrator
provides a written interpretation, the interpretation shall be binding on the county. If written
interpretations require a field investigation by a qualified professional, it will be done at the requestor’s
expense. [Ord. 8-06 § 1]
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18.15.165 Environmentally sensitive areas (ESA) maps.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-C. Mineral Resource Lands District (MRL)
18.15.170 Designation procedures.
A mineral resource land (MRL) overlay district may be applied based upon the following criteria, only
upon acceptance by the county of a complete application from a property owner and upon approval of
a redesignation in accordance with Chapter 18.45 JCC and processed as a Comprehensive Plan
amendment. MRLs of long-term commercial significance are those lands from which the commercial
extraction of minerals (sand, gravel, rock, and other valuable aggregate or metallic substances) can
be anticipated within 20 years and which are characterized by all of the following:
(1) Have a known or potential extractable resource in commercial quantities verified by submittal of a
geologic and economic report prepared by a qualified professional;
(2) The parcel is a minimum of 10 acres in size;
(3) The subject property is surrounded by parcels no smaller than five acres in size on 100 percent of
its perimeter;
(4) The current or future land use designation will not exceed a residential density of one dwelling unit
per five acres;
(5) Are not within any shoreline designation, urban growth area or rural village center or within one-
half mile of any established or potential urban growth area or rural village center boundary, as shown
on the official maps of the Comprehensive Plan; and
(6) Are not within a regulated wetland or fish and wildlife habitat area pursuant to Article VI-H and VI-I
of this chapter. [Ord. 8-06 § 1]
18.15.175 Allowable and prohibited uses.
Allowable and prohibited uses within mineral resource lands overlay districts are specified in Table
3-1 in JCC 18.15.040 for the underlying designation. All uses must comply with any applicable
performance standards in Chapter 18.20 JCC and development standards in Chapter 18.30 JCC;
unless otherwise specified in this code. [Ord. 8-06 § 1]
18.15.180 Nuisance and disclosure provisions.
(1) Nuisance. The following shall not be considered a nuisance: mineral resource extraction and
processing activities, operations (except between 7:00 p.m. and 7:00 a.m. and on weekends),
facilities or appurtenances thereof, conducted or maintained for commercial mineral resource
extraction and processing purposes on land designated as mineral resource land (MRL), regardless
of past or future changes in the surrounding area land use or land use designation.
(2) Disclosure. The disclosure statement in subsection (2)(b) of this section shall be used under the
following circumstances and in the following manner:
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(a) Approval of any land division, land use, building, or development of lands adjacent to or
within 500 feet of lands designated as mineral resource land (MRL) shall be conditioned on the
execution by the applicant of a statement of acknowledgment containing the disclosure
statement on forms provided by the department of community development. However, if a
disclosure conforming to the provisions of this section has been provided for a prior permit,
subsequent disclosures shall not be required.
(b) The required disclosure statement is as follows:
If your real property is within five hundred (500) feet of real property within an area designated as
Mineral Resource Land (MRL), you may be subject to inconveniences or discomforts arising from
such operations, including but not limited to noise, tree removal, odors, fumes, dust, smoke, the
operation of machinery, and the storage and disposal of aggregate products. One or more of the
inconveniences described may occur as a result of extraction and processing operations which
are in conformance with existing laws and regulations. Jefferson County has determined that the
use of certain real properties for mineral resource extraction and processing activities is
necessary to ensure resource availability in the County. The County will not consider to be a
nuisance those inconveniences or discomforts arising from extraction and processing operations,
if such operations are consistent with commonly accepted best management practices and
comply with local, state, and federal laws.
[Ord. 8-06 § 1]
Article VI-D. Environmentally Sensitive Areas District (ESA)*
*(1) Ord. 3-08, Exhibit C, provides:
“(a) See JCC 18.20.030 for exemptions from the critical area requirements for agricultural activities
designated under RCW 36.70A.170. Any agricultural activities designated under RCW 36.70A.170 that are
not exempt from critical area requirements shall be subject to JCC Title 18.
(b) See Chapter 18.22 JCC for critical areas. All references to “environmentally sensitive areas” within the
Jefferson County Code are interchangeable with the term “critical areas.”
(2) Ord. 3-08 § 2 provides:
“These sections remain applicable only through July 1, 2010 and apply only to agricultural activities that pre-
date the existence of this Ordinance and are occurring on land designated “AG” pursuant to JCC
18.15.020(1).”
18.15.185 Purpose.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.190 Applicability.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.195 Allowable uses.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.200 Coverage.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.205 General exceptions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.210 General exemptions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.215 Nonconforming uses.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.220 Reasonable economic use variance.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.225 Notice.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.230 Findings.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.235 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-E. Critical Aquifer Recharge Areas
18.15.240 Classification.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.245 Designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.250 Applicability.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.255 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-F. Frequently Flooded Areas
18.15.260 Incorporation by reference.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.265 Relationship to other regulations.
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Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-G. Geologically Hazardous Areas
18.15.270 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.275 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.280 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-H. Fish and Wildlife Habitat Areas
18.15.285 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.290 Sources used for identification.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.295 Fish and wildlife habitat area maps.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.300 Exempt activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.305 Regulated activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.310 General prohibitions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.315 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.320 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-I. Wetlands
18.15.325 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.330 Regulated activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.335 Exempt activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.340 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.345 Noncompensatory enhancement.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.350 Mitigation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-J. Special Reports
18.15.355 Waivers.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.360 General contents.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.365 Retaining consultants.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.370 Responsibility.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.375 Aquifer recharge area report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.380 Drainage and erosion control plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.385 Geotechnical report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.390 Grading plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.395 Habitat management plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.400 Wetland delineation report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-K. Airport Overlays
18.15.405 Designation.
The JCIA has been identified as an essential public facility in the Jefferson County Comprehensive
Plans of 1998 and 2004. The airport represents a valuable public asset. It provides both an important
transportation service and a vital asset to facilitate economic growth in the county. As such, measures
are needed to preserve the continued future viability of the airport. Therefore, three airport overlays
are hereby created, as follows:
(1) Airport Overlay I. For the purpose of this section, the Airport Overlay I is that geographic area
affected by the airport and defined on the basis of factors that include aircraft noise, aircraft flight
patterns and airport safety areas. It is based on the Noise Contour Interval Map contained in the FAA-
approved JCIA master plan, which projects the 55 DNL contour through the year 2022;
(2) Airport Overlay II. For the purpose of this section, the Airport Overlay II is that geographic area
that is affected by the FAA-mandated airport traffic pattern for the JCIA and defined on the basis of
aircraft flight patterns and safety areas. It includes areas that lie adjacent and to the south of Airport
Overlay I and is based upon the Aircraft Accident Safety Zone No. 6 contained in the “Airports and
Compatible Land Use” publication of the Washington State Department of Transportation’s Aviation
Division (2/99), to the extent that Zone No. 6 correlates with the FAA-mandated airport traffic pattern
for the JCIA as set forth in the FAA-approved JCIA master plan; and
(3) Airport Overlay III. For the purpose of this section, the Airport Overlay III is that geographic area
that has been approved for inclusion in the airport essential public facility district through the
Jefferson County Comprehensive Plan text and land use amendment process, or other applicable
process, and which the county has determined is appropriate for a limited range of non-aviation-
related rural light industrial uses that foster the Port’s ability to assure the long-term financial viability
of the AEPF. It is consistent with, and helps to implement, the FAA-approved JCIA master plan, which
anticipates non-aviation-related industrial development to the south of the runway areas. [Ord. 11-09
§ 2 (Att. B); Ord. 8-06 § 1]
18.15.410 Purpose of Airport Overlay I.
The purpose of the Airport Overlay I is to promote land uses that are compatible with the impacts of
aircraft using the JCIA and normal airport operations within the airport environs. Because impacts of
low-flying aircraft can lead to pressure to curtail activities at airports, the overlay is intended to protect
the JCIA from such pressure, to apprise new property owners and developers on notice of impacts
from aircraft over-flights and to protect the public health, safety and general welfare. The following
regulations are intended to provide a general environmental disclosure to current and prospective
property owners of their proximity to airport operations, including flight take-off and landing patterns,
to promote compatible land uses, and to discourage the siting of incompatible uses. They are further
intended to discourage the siting of incompatible uses adjacent to the airport, protect the airport as an
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essential public facility, and preserve the ability of the airport to continue its operations into the future.
[Ord. 8-06 § 1]
18.15.415 Disclosure provisions – Airport Overlay I.
(1) Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an
Airport Overlay I map and supporting informational materials that identify the parcels located within
the overlay. Such information shall also be made available to the public through the county website
and the county map database file, and shall be included as a layer in the county GIS. The information
made publicly available shall include a general notation substantially stating as follows:
JCIA is a community airport for civil aviation and has been designated an Essential
Public Facility by Jefferson County in accordance with the provisions of the
Washington State Growth Management Act and the Jefferson County
Comprehensive Plan. Properties in the vicinity of the airport may be subject to
potential discomforts or inconveniences from noise and vibration associated with
aircraft takeoff, landing, over-flight, and normal ground operations at the JCIA site.
The County does not consider these inconveniences and/or discomforts arising from
such operations to be a nuisance as long as they are consistent with Federal
Aviation Administration regulations and standards. It is acknowledged that areas
lying outside the fixed boundary of the Airport Overlay I may also be subject to low
level noise and vibration. This information is intended only as a disclosure to
property owners and potential property owners of their proximity to the JCIA, and the
potential for low-level noise associated with airport activities.
(2) The county shall provide general notification to applicants for all development, except Type I
permits (e.g., single-family residences), proposed to be sited in Airport Overlay I. The intent of this
notification is to inform applicants of their proximity to the airport and the potential for inconveniences
and discomforts as described in subsection (1) of this section. Such notification shall be sent to the
applicant during the project review phase as identified under JCC 18.40.110.
(3) Project approvals, except Type I permits as listed in JCC 18.40.040, whether permitted outright or
conditionally, within the Airport Overlay I shall contain as a condition of approval the following
disclosure statement:
Jefferson County has determined that the Jefferson County International Airport
(JCIA) is an essential public facility, and as such is an important use in the County.
Both the Comprehensive Plan and the Growth Management Act require that the
County discourage the siting of incompatible uses in the airport vicinity. The County
will not consider to be a nuisance those inconveniences or discomforts arising from
such operations, if such operations are consistent with accepted federal aviation
regulations and standards, the Port’s noise abatement procedures and applicable
local, state and federal laws. Since this real property lies within the Airport Overlay I
(a copy of which is available at the DCD Department and the POPT offices), you
may be subject to inconveniences or annoyances including, but not limited to, noise
and vibration associated with aircraft takeoff, landing and over-flight, and noise and
vibration due to normal ground operations at the JCIA site.
[Ord. 8-06 § 1]
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18.15.420 Comment by the Port of Port Townsend.
The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located
within the Airport Overlay I. The county shall follow the referral and review requirements as listed in
JCC 18.40.120. The county, in its discretion, may also submit for comment development proposals
located outside the Airport Overlay I, but in such proximity to JCIA that the county deems appropriate
an opportunity to comment by the Port. [Ord. 8-06 § 1]
18.15.425 Nuisance provisions.
The following shall not be considered a nuisance: uses inherent to a general aviation public use
airport, including but not limited to on-site and off-site aircraft noise and aircraft take-offs and
landings, as well as airport maintenance, operation, construction and expansion activities, conducted
in accordance with normal airport operations on land designated as airport essential public facility
district (AEPF), regardless of past or future changes in the surrounding area land use or land use
designations. [Ord. 8-06 § 1]
18.15.430 Uses prohibited.
The following uses shall be prohibited within the Airport Overlay I:
(1) Co-housing/intentional communities (subject to PRRD Overlay in RR districts);
(2) Manufactured/mobile home parks (subject to PRRD Overlay in RR districts);
(3) Multifamily residential units (plus three units);
(4) Residential care facilities with six to 20 persons;
(5) Nursing/convalescent/assisted living facilities;
(6) Bed and breakfast inns (four to six rooms);
(7) Day care, commercial;
(8) Education facilities (state-owned);
(9) Assembly facilities;
(10) College or technical schools/adult education facilities (not state-owned);
(11) Parks and playfields;
(12) Recreational facilities;
(13) Schools, primary and secondary;
(14) Religious assembly facilities;
(15) Outdoor commercial amusement facilities; and
(16) Recreational, cultural or religious conference center/retreat facilities.
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Any parcel or portion(s) of parcels located within the Airport Overlay I shall be subject to the
incompatible use prohibitions listed above. Any future changes to the underlying zoning or uses within
the Airport Overlay I shall be reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]
18.15.435 Purposes of Airport Overlay II.
The purposes of the Airport Overlay II are to apprise the public, property owners and developers of
the existence of the airport traffic pattern and impacts from routine aircraft over-flights, and to identify
an airport safety zone within which certain uses that involve higher concentrations of people will be
prohibited for safety and compatibility reasons (e.g., uses involving 100 persons or more in buildings).
[Ord. 8-06 § 1]
18.15.440 Airport Overlay II Map.
Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an
Airport Overlay II map and supporting informational materials that identify the parcels located within
the overlay. Such information shall also be made available to the public through the county website
and the county map database file, and be included as a layer in the county GIS. The information
made publicly available shall include a general notation substantially stating as follows:
The Airport Overlay II includes areas that lie beneath the FAA mandated traffic pattern for aircraft
ascending or descending from the JCIA. As such, this area is subject to routine aircraft over-
flights. It is acknowledged that areas lying outside the delineated Airport Overlay II zone may also
be subject to aircraft over-flights.
[Ord. 8-06 § 1]
18.15.445 Comment by the Port of Port Townsend.
The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located
within the Airport Overlay II. The county shall follow the referral and review requirements as listed in
JCC 18.40.120. The county, in its discretion, may also submit for comment development proposals
located outside the Airport Overlay II, but in such proximity to JCIA that the county deems appropriate
an opportunity to comment by the Port. [Ord. 8-06 § 1]
18.15.450 Approval criterion – Conditional use permits.
Prior to approval of conditional use permit for a use located within Airport Overlay II, the administrator
and/or hearing examiner shall make the following finding: “The proposed use is compatible with
ongoing flight operations conducted at the Jefferson County International Airport Essential Public
Facility.” [Ord. 8-06 § 1]
18.15.451 Nuisance provisions.
The following shall not be considered a nuisance: uses inherent to a general aviation public use
airport, including but not limited to on-site and off-site aircraft noise and aircraft take-offs and
landings, as well as airport maintenance, operation, construction and expansion activities, conducted
in accordance with normal airport operations on land designated as airport essential public facility
district (AEPF), regardless of past or future changes in the surrounding area land use or land use
designations. [Ord. 8-06 § 1]
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18.15.452 Prohibited uses.
The following uses shall be prohibited within the Airport Overlay II:
(1) Manufactured/mobile home parks;
(2) Nursing/convalescent/assisted living facilities;
(3) Hospitals (medical, dental, vision and veterinary clinics which comply with the density standards
are permissible);
(4) Education facilities (state-owned);
(5) College or technical schools/adult education facilities (not state-owned);
(6) Schools, primary and secondary;
(7) Any proposed use or development which congregates more than 100 people inside of a building
or buildings on a subject parcel(s) and/or any use or development which congregates more than 150
people outside of a building or buildings on a subject parcel(s).
Any parcel or portion(s) of parcels located within the Airport Overlay II shall be subject to the
incompatible use prohibitions listed above. Any future changes to the underlying zoning or uses within
the Airport Overlay II shall be reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]
18.15.453 Airport Overlay III.
(1) Purpose. The purpose of the Airport Overlay III is to provide a limited opportunity for rural scale
non-aviation-related industrial uses that contribute to the long-term financial viability of the AEPF and
to enhance the economic vitality and quality of life for the citizens of Jefferson County.
(2) Overlay Map. Jefferson County will prepare and maintain an Airport Overlay III map that identifies
the parcels located within the overlay.
(3) Permitted, Conditional and Prohibited Uses. Notwithstanding the permitted, conditional and
prohibited use limitations set forth in JCC 18.15.1112 through 18.15.1114, the following uses shall be
permitted within the Airport Overlay III designation:
(a) Non-aviation-related light industrial/manufacturing.
(4) Development Standards. In addition to the standards for new development in the AEPF district set
forth in JCC 18.15.1124 through 18.15.1132, the following provisions shall apply:
(a) Impervious Surface Coverage, Building Dimension and Height Restrictions.
(i) Total impervious surface coverage shall not exceed 25 percent.
(ii) No structure shall exceed 10,000 square feet in size.
(iii) Notwithstanding JCC 18.15.1130, in no instance may structures exceed 35 feet in
height.
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(b) Vegetation Retention and Perimeter Buffering. Existing vegetation should be maintained to
the maximum extent practicable in order to reduce soil erosion, provide habitat for wildlife,
screen light industrial uses from view, and maintain the predevelopment hydrologic regime.
Additionally, the Port shall maintain a minimum 50-foot-wide buffer along the outer perimeter of
each ownership parcel (i.e., not leasehold parcels created through a future binding site plan
process) within the overlay to screen industrial uses from view and maintain the unincorporated
rural aesthetic values of the locale.
(c) Low Impact Development (LID). Development occurring within the Airport Overlay III shall
incorporate low impact development practices to the maximum extent feasible. The most recent
edition of the Low Impact Development Technical Guidance Manual for Puget Sound (May
2005), developed by the Puget Sound Action Team in collaboration with the Washington State
Department of Ecology, shall be used as a primary source by the county in reviewing and
mitigating development occurring within the overlay district. [Ord. 11-09 § 2 (Att. B)]
Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon
Planning Area
18.15.455 Applicability – Intent.
The remote rural (RR) overlay district encompasses two distinct subareas of the county; the first is
the area designated as “West Jefferson County” (hereafter, West End Planning Area or WEPA) on
the Jefferson County Comprehensive Plan Land Use Map (the official map); and the second is
Planning Area 11, known as the Brinnon Planning Area or BRPA in south Jefferson County. The
BRPA is designated in the Brinnon Subarea Plan (see JCC 18.15.580). The specific provisions for
regulating home business, cottage industry, and small-scale recreation and tourist uses in the WEPA
and BRPA RR overlay districts are similar but not identical. Notation is made in the following sections
where the provisions differ.
The intent of this designation is to allow for expanded rural-compatible employment opportunities in
sparsely populated rural areas that are isolated and remotely located from commercial and urban
growth areas. These areas are characterized by high unemployment, distressed traditional resource-
based economies, low residential densities, and very limited projected 20-year population growth.
[Ord. 8-06 § 1]
18.15.460 Home-based businesses.
In the RR overlay districts, home-based businesses shall be regulated according to the following
provisions:
(1) Home-based businesses in the WEPA RR overlay shall be exempt from the following provisions of
Chapter 18.20 JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC
18.20.200;
(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200;
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(c) The hours of operation as specified in JCC 18.20.200;
(d) The expansion limitations of the home-based business as specified in JCC 18.20.200.
Instead, home-based businesses in the WEPA RR overlay may be permitted conditionally at a
nonresidential location under provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting
of isolated small-scale businesses.
(2) Home-based businesses in the BRPA RR overlay district shall be exempt from the following
provisions of Chapter 18.20 JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC
18.20.200. Instead, the number of nonresident employees allowed is eight and a number
exceeding eight may be allowed with a conditional use permit;
(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200; provided, that on-site
retail sales are not unreasonably disruptive to the use of adjacent properties (per subsection (3)
(a) of this section);
(c) The hours of operation as specified in JCC 18.20.200.
(3) Exemptions allowed under this section shall be regulated according to the following standard:
(a) The home-based businesses shall not be disruptive to the use of adjacent properties and no
equipment or process shall be used in the home-based business which creates excessive noise,
vibration, glare, fumes, odors, or electrical interference to the detriment of the quiet use and
enjoyment of adjoining property.
(4) Any public hearings associated with requirements under this section shall be held in the local
area, close to the residents who may be affected. [Ord. 8-06 § 1]
18.15.465 Cottage industries.
In the RR overlay districts, cottage industries shall be regulated according to the following provisions:
(1) Cottage industries in the WEPA RR overlay shall be exempt from the following provisions of
Chapter 18.20 JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC
18.20.170;
(b) The prohibition on specific occupations named in JCC 18.20.170;
(c) The indoor use and retail sales provisions of JCC 18.20.170;
(d) The hours of operation as specified in JCC 18.20.170;
(e) The outdoor storage/parking provisions of JCC 18.20.170;
(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead,
cottage industries in the WEPA RR overlay may be permitted conditionally at a nonresidential
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location under provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated
cottage industries.
(2) Cottage industries in the BRPA RR overlay shall be exempt from the following provisions of
Chapter 18.20 JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC
18.20.170. Instead, the number of nonresident employees allowed is four and a number
exceeding four may be allowed through a new or revised conditional use permit;
(b) The prohibition on specific occupations named in JCC 18.20.170;
(c) The indoor use and retail sales provisions of JCC 18.20.170; provided, that on-site retail
sales are not unreasonably disruptive to the use of adjacent properties (per subsection (3)(a) of
this section);
(d) The hours of operation as specified in JCC 18.20.170;
(e) The outdoor storage/parking provisions of JCC 18.20.170;
(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead,
cottage industries in the BRPA RR overlay may be permitted conditionally under provisions of
RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated cottage industries.
(3) Exemptions allowed under this section shall be regulated according to the following standard:
(a) The cottage industry shall not be disruptive to the use of adjacent properties and no
equipment or process shall be used in the cottage industry which creates excessive noise,
vibration, glare, fumes, odors, or electrical interference to the detriment of the quiet use and
enjoyment of adjoining property.
(4) Any public hearings associated with requirements under this article shall be held in the local area
close to the residents who may be affected. [Ord. 8-06 § 1]
18.15.470 Small-scale recreational and tourist uses.
In the WEPA RR overlay only, small-scale recreation and tourist uses shall be regulated according to
the following provisions:
(1) The list of illustrative small-scale recreation and tourist uses, as defined in Chapter 18.20 JCC,
Performance and Use-Specific Standards, shall be interpreted to include the following additional uses
in the West End only:
(a) Small-scale grocery, convenience or general stores and shops or offices that provide basic
goods and/or personal and professional services to meet the needs of the local population.
Buildings containing such uses shall not exceed 5,000 square feet of gross floor area and shall
be subject to all performance standards required pursuant to JCC 18.20.140, Commercial Uses
– Standards for site development, and the development standards contained in Chapter 18.30
JCC.
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(b) The small-scale recreational and tourist uses specified in this section shall be regulated as
conditional uses subject to the provisions of this code. Any public hearings associated with
requirements under this section shall be held in the West End close to the residents who may be
affected. [Ord. 8-06 § 1]
Article VI-M. Planned Rural Residential Developments (PRRDs)
18.15.475 Purpose.
The purpose of this Article VI-M is to implement the Jefferson County Comprehensive Plan by
promoting creativity in site layout and design, allowing flexibility in the application of the standards for
residential development in rural residential and agricultural districts. This article provides performance
criteria to encourage flexibility in the type and design of rural residential housing available to the
public through the planned rural residential development (PRRD) process. More specifically, it is the
purpose of this article to:
(1) Provide for residential development in rural areas in a way that maintains or enhances the
county’s rural character;
(2) Allow development of land with physical constraints, while at the same time preserving the natural
characteristics of the site, including topography, native vegetation, wildlife habitat, environmentally
sensitive areas, and other natural amenities of value to the community;
(3) Retain large, undivided parcels of land that provide opportunities for compatible agricultural and
other rural land uses;
(4) Facilitate the creation of open space corridors for recreation and aesthetic enjoyment;
(5) Permit developers to use innovative methods and approaches not available under conventional
zoning methods to facilitate the construction of a variety of housing types and densities serving the
diverse housing needs of Jefferson County residents; and
(6) Provide for the economical provision of infrastructure to new development by allowing choices in
the layout of roads, provision of community water and wastewater disposal systems and other
improvements through superior site design and the use of clustering. [Ord. 8-06 § 1]
18.15.480 Applicability.
(1) This Article VI-M shall apply to all permitted uses within all rural residential and agricultural
districts (i.e., RR 1:5, RR 1:10, RR 1:20, AP-20, and AL-20) and constitutes an overlay district (i.e.,
floating zone) over these districts. This article may be applied to existing subdivisions and lots of
record on which no development has yet occurred, or where adequate vacant land exists within an
existing development to meet the criteria contained within this article.
(2) The PRRD process provides an alternative to traditional development under the prescriptive
standards of this code. This article shall not be applied to rural residential or agricultural lots
incapable of further subdivision due to minimum lot size, or as a means to avoid other procedures
more appropriately reviewed as variance applications under Article IX of Chapter 18.40 JCC.
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(3) A PRRD application must be processed with either an application for short subdivision, long
subdivision, or binding site plan approval under Chapter 18.35 JCC. The function of this article is to
allow more innovative ways of designing land divisions, enabling applicants to take advantage of
incentives, including flexible density and dimensional standards, modification of other requirements of
the county’s development standards contained in this code, and density bonuses in appropriate
situations in exchange for demonstrated benefits to the public interest. [Ord. 8-06 § 1]
18.15.485 Minimum and maximum land area – Dwelling unit cap and cluster cap.
The permissible number of dwelling units within a PRRD shall be calculated based upon the dwelling
unit density of the underlying land use district.
(1) The minimum land area required for PRRD proposals shall be as follows:
(a) RR 1:5 district – 10 gross acres;
(b) RR 1:10 district – 20 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 40 gross acres.
(2) The maximum land area that may be included in a PRRD proposal shall be as follows:
(a) RR 1:5 district – 225 gross acres;
(b) RR 1:10 district – 450 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 900 gross acres.
(3) The maximum number of dwelling units that may be permitted in a PRRD proposal shall be limited
to 45, contained within dwelling unit clusters of not more than 20 dwelling units each; except, that
where a density bonus is requested under JCC 18.15.520, the proposal may include up to a total of
54 dwelling units, contained within dwelling unit clusters of not more than 22 dwelling units each.
(4) Dwelling unit clusters within PRRD proposals shall be sufficiently separated to provide visual relief
and maintain rural character. Where feasible, clusters shall be separated by the natural topographical
features of the site, including, but not limited to, environmentally sensitive areas, watercourses, and
ridge lines. However, in no case shall dwelling unit clusters be located closer than 600 lineal feet from
one another. These requirements regarding separation of dwelling unit clusters shall also be applied
to circumstances where the adjoining property or properties have previously been developed through
the PRRD process as set forth in this Article VI-M. [Ord. 8-06 § 1]
18.15.490 Rural residential districts – Reserve tract requirements.
(1) Each PRRD within the RR 1:5, RR 1:10 and RR 1:20 districts shall contain a reserve tract(s)
comprising at a minimum the following percentage of the proposed PRRD:
(a) RR 1:5 – 65 percent;
(b) RR 1:10 – 75 percent; and
(c) RR 1:20 – 85 percent.
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(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land
trust, individual or other legal entity. The reserve tract shall be preserved as open space in perpetuity.
(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD
may be located within the limits of the reserve tract(s).
(4) Golf courses and accessory uses may be permitted upon a reserve tract without issuance of a
separate conditional use permit under Chapter 18.40 JCC, if application for such uses accompanies
the same application for initial PRRD approval. [Ord. 8-06 § 1]
18.15.495 Agricultural districts – Reserve tract requirements.
(1) Each PRRD within the agricultural districts shall contain a reserve tract(s) comprising at a
minimum the following percentage of the proposed PRRD: 85 percent with emphasis on preserving
land with prime agricultural soils for the practice of agriculture.
(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land
trust, individual or other legal entity.
(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD
may be located within the limits of the reserve tract(s) only when they would not significantly impede
the current or potential future resource use of the reserve tract(s).
(4) Permitted uses within the reserve tract shall be limited to agriculture, floriculture, horticulture,
general farming, dairy, the raising, feeding and sale or production for poultry, livestock, fur-bearing
animals, or honey bees, Christmas trees, nursery stock and floral vegetation, and other agricultural
uses and activities accessory to farming and animal husbandry. These limitations on use of the
reserve tract shall be noted on the face of the plat or binding site plan.
(5) An existing residence within the limits of the reserve tract shall count toward the total number of
residential units allowed in the PRRD. [Ord. 8-06 § 1]
18.15.500 Agricultural districts – Development setbacks from reserve tract(s).
Repealed by Ord. 6-04. [Ord. 11-00 § 3.6.13(6)]
18.15.505 Application submittal and contents.
To be considered complete, an application for a PRRD shall include the following information:
(1) The application for approval of a PRRD shall be submitted to the department of community
development on forms to be provided by the department along with the appropriate fees established
under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required in accordance with
Chapter 18.40 JCC;
(3) Five copies of a PRRD site plan prepared in accordance with the following requirements:
(a) The dimensions and area of each proposed lot, tract or parcel (including any reserve tract(s))
to accurately show that the property proposed for the PRRD contains sufficient area to allow the
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number of lots, tracts or parcels proposed without exceeding the average density allowed in the
underlying zoning district. Where a density bonus is requested under JCC 18.15.520, the
average density allowed in the underlying district may be exceeded by up to 20 percent of the
allowed density for that district and an additional 20 percent for the area in the reserve tract that
are designated critical areas. An additional bonus may be granted for the buffer area(s)
associated with environmentally sensitive or critical areas that are included within the reserve
tract, the bonus shall not exceed 20 percent of the allowed density in the buffer area; and
provided further, that the area of land contained in access easements, access panhandles or
pipestem configurations shall not be included in the area computations;
(b) The PRRD plan drawing shall be prepared by a Washington State licensed engineer or land
surveyor registered or licensed by the state of Washington. The PRRD plan shall be
consolidated with any plan or plat submitted under Chapter 18.35 JCC. The preparer shall certify
in the plan submitted that it is a true and correct representation of the lands actually surveyed.
The preparation of the plan shall comply with the Survey Recording Act, Chapter 58.09 RCW
and Chapter 332-130 WAC. The plan drawing shall have minimum dimensions of 18 inches by
24 inches and contain all information required in Article IV of Chapter 18.35 JCC for long
subdivisions of property;
(c) If the applicant proposes a site design providing for a variety of separate residential areas or
densities within a site, the site plan shall include a table providing the following information for
each distinct area:
(i) The proposed residential use type in each area (e.g., detached single-family, duplexes,
or multifamily);
(ii) The number of dwelling units;
(iii) Gross acreage; and
(iv) The approximate area of the smallest proposed lot;
(d) A form of the endorsement of the DCD administrator, as follows:
APPROVED BY JEFFERSON COUNTY
________________________ ______
Department of Community Date
Development Director
(4) Where applicable, any special reports or studies required pursuant to Article VI-D of this chapter
prepared in accordance with the requirements of Article VI-J of this chapter;
(5) The applicant shall supply a narrative statement substantiating how the proposed development
will be superior to or more innovative than conventional development under this code. The statement
shall also substantiate how the proposed PRRD will provide a benefit to the public beyond that
available through conventional development. The applicant shall specifically identify all requirements
and criteria of this Unified Development Code proposed for modification;
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(6) The applicant shall supply completed information and materials for all other permit and
development applications required under this code consolidated with the PRRD application;
(7) A conceptual landscaping plan shall be prepared, showing the proposed location and types of
proposed vegetation;
(8) Building profiles if the PRRD proposes multifamily residential development; and
(9) Any additional information required by the DCD administrator and/or the director of the department
of public works. [Ord. 8-06 § 1]
18.15.510 Consolidated applications.
Where applicable, and in addition to the requirements set forth in JCC 18.15.480(3), applications for
boundary line adjustments, conditional use permits or any other action requiring issuance of a permit
under this code shall be considered simultaneously with a PRRD application. [Ord. 8-06 § 1]
18.15.515 Incentives – Innovative development proposals.
(1) Purpose.
(a) More efficient use can be made of land, energy and resources and more livable development
can be achieved when the designer has flexibility in residential dwelling unit types, placement
and density. Such flexibility can be achieved while safeguarding the public interest by review of
the proposed PRRD plan that shows the type and placement of residential structures.
(b) It is intended that innovative residential development encourage imaginative design to
achieve these purposes. Therefore, incentive and flexibility may be allowed such as clustered
housing and bonus densities, lot size averaging, zero lot lines, condominium development, and
mixed residential types. The hearing examiner may approve the use of these tools as provided
in this section as deemed reasonable and warranted by the excellence of the resulting design
and its benefits to the community.
(2) Techniques.
(a) Clustered Housing. When residences are clustered in design groups in a PRRD with
common open space, the clustered housing may, in lieu of the zone restrictions, be designed
with building locations, lot sizes, and/or yards standards as prescribed on the plat or on plans for
the PRRD approved by the county.
(b) Density Bonuses. When a plat, PRRD or other instrument is submitted under this Article
VI-M, and is of sufficient excellence in design and planning, a higher density may be allowed
therein in accordance with JCC 18.15.520.
(c) Lot Size Averaging. Lot area may be varied. Except as allowed under JCC 18.15.520, the
combined area of all lots and reserve tracts in the PRRD shall be equal to the density of lot size
allowed in the zone where located.
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(d) Flexible Yards. Except as required under JCC 18.15.500 yards may be reduced to zero,
provided the structures are shown on the plat or PRRD and a 10-foot access for maintenance is
given by yard and/or easement along each outside wall.
(e) Residential Types. To achieve the most efficient use and conservation of land, energy,
resources, view and terrain, mixed residential types may be designated and allowed in
innovative PRRDs as prescribed in this section.
(3) Buyer Notification. The PRRD plan shall note that the residences thereon constitute an innovative
residential development and must be constructed as shown on the PRRD plan. Building permits may
be issued only for structure types and placements as shown on the PRRD plan. Sales agreements
and titles for land and residences sold in innovative residential developments shall note this
restriction. [Ord. 8-06 § 1]
18.15.520 Modification of permitted densities – Density bonuses.
(1) Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to encourage
the development of more affordable housing, provide additional public amenities, or preserve
valuable natural or cultural resources and features. The satisfaction of any of the bonus density
criteria specified in subsection (4) of this section is considered to be in the public interest and worthy
of a bonus density.
(2) Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review
and approval by the hearing examiner after a public hearing. Such bonus densities may be granted to
a deserving application if the PRRD plan submitted is judged by the hearing examiner to have
achieved one or more of the bonus density criteria in subsection (4) of this section.
(3) Maximum Bonus Density. In addition to criteria provided in this Article VI-M, the density shall be
compatible with the site’s natural constraints and the character and density of the surrounding area.
(4) Criteria for Approval of Bonus Densities. Upon submittal of the PRRD application, the hearing
examiner shall review the proposed project and with respect to the allocation of bonus densities for
the project. The allocation of bonus densities should be based upon a comprehensive review of the
entire project. It is the intention of this section to allow bonus densities where a PRRD applicant
proposes design attributes providing public benefits in addition to those required by local, state or
federal land use, health, or environmental regulations. Bonus densities shall not be allowed for site
design proposal that merely reflect mandatory requirements of local, state and federal codes or
regulations. Consideration shall be given to, but not necessarily limited to, the following criteria:
(a) Preservation of Natural, Historical and Cultural Features. Items for consideration under this
criterion include the preservation and minimum disturbance of natural features and wildlife
habitat; preservation of unique historical or cultural features; preservation of open space; and
preservation of scenic resources.
(b) Public Service and Facility Availability. Items for consideration under this criterion include the
provision of public park or other public facilities and/or sites; bicycle and pedestrian pathway
systems; public transit access to the site; and special site design for special needs residents.
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(c) Energy Efficiency. Items for consideration under this criterion include preservation of solar
access; south orientation with added glazing for inhabited structures; the use of landscaping and
topography for windbreaks and shading; common wall construction; the use of solar energy
systems either passive or active for heating and/or cooling; energy conserving design of
roadways and other structures; and higher insulation levels.
(d) Public Recreation Facilities. Items for consideration under this criterion include provision for
public recreational features such as active play areas, passive open space areas, golf courses,
and bicycle and pedestrian pathway systems.
(e) Environmental Design. Items for consideration under this criterion include on-site designs
providing regional benefits, including drainage control using natural drainage and landscaped
drainage retention facilities; flood control measures, particularly those measures serving regional
needs; significant public access provided to designated potential open space or park areas,
shoreline areas, trails, scenic sites and viewpoints; provision for substantial and exceptional
landscape treatment; preservation of habitat identified for threatened and endangered species;
and the use of recycled materials and resource conserving designs.
(f) Affordable Housing. Items for consideration under this criterion include the provision of a mix
of housing types, use of townhouses or other common wall construction techniques directed
toward providing a reasonable mix or diversity of bona fide affordable housing opportunities for
the community. For the purposes of this section, and consistent with Policy No. 6 of the County-
Wide Planning Policy for Jefferson County, “affordable housing” means housing units available
for purchase or rent to individuals or families with a gross income between the federally
recognized poverty level and the median income for working families in Jefferson County; with
costs, including utilities, that do not exceed 36 percent of gross income. Bonus densities will also
be allowed for projects providing low-income housing in market rate developments. In such
developments and other developments seeking bonus densities for the provision of low-income
hosing opportunities, the amount of bonus will be linked to the level of affordability (i.e., the
lower the cost or rental rate per unit, the greater the bonus afforded to the development).
Density bonuses for low-income housing projects will be granted only where all of the following
conditions are satisfied:
(i) The developer must agree to sell or rent the units to qualifying residents (i.e., only low-
income and very low-income households);
(ii) The developer must ensure the continued affordability of the units by qualified residents
for a minimum of 20 years through the use of restrictive covenants or other deed restrictions
approved by the county; and
(iii) The units must be of an innovative design and compatible with the existing character of
the surrounding area, with adequate assurances that such design and compatibility will be
maintained throughout the 20-year period.
(g) Provision of Innovative Design. Items for consideration under this criterion include the
provision of innovative design elements similar to, but not limited to, those described in JCC
18.15.515(2).
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(h) Other suitable items believed by the county to be worthy of consideration may also be
included as bonus density criteria. [Ord. 8-06 § 1]
18.15.525 Modification of development standards.
(1) The following development standards may be modified in approving a PRRD application:
(a) Building setbacks;
(b) Height of buildings or structures, not to exceed 40 feet;
(c) Lot size;
(d) Lot width; and any other standards contained in Chapter 18.30 JCC.
(2) Standards that may not be modified or altered are:
(a) Shoreline regulations when the property is located in an area under the jurisdiction of the
Jefferson County Shoreline Master Program;
(b) Standards pertaining to development within environmentally sensitive areas as set forth in
Articles VI-D through VI-J of this chapter;
(c) Regulations pertaining to nonconforming legal structures and uses as set forth in JCC
18.20.260; and
(d) Regulatory standards and requirements of the Jefferson County health department,
Washington State Department of Health, and Washington State Department of Ecology
pertaining to the provision of potable water and wastewater disposal.
(3) Criteria for Approval of Alternative Development Standards. Approval of alternative development
standards for PRRDs differs from the variance procedure described in Article IX of Chapter 18.40
JCC in that rather than being based upon hardship or unusual circumstance related to a specific
property, the approval of alternative development standards proposed by a PRRD shall be based
upon the criteria listed in this Article VI-M. In evaluating a planned development that proposes to
modify the development standards of the underlying zoning district, the hearing examiner shall
consider and base its findings upon the ability of the proposal to satisfy the following criteria:
(a) The proposed PRRD shall be compatible with surrounding properties, especially as relates to
the following:
(i) Landscaping and buffering;
(ii) Public safety;
(iii) Site access and circulation;
(iv) Architectural design of building and harmonious use of materials;
(b) The unique characteristics of the subject property;
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(c) The arrangement of buildings and open spaces as they relate to various uses within or
adjacent to the PRRD;
(d) Visual impact of the PRRD upon the surrounding area;
(e) Improvements proposed in connection with the PRRD;
(f) Preservation of unique natural features of the property; and
(g) The public benefit derived by allowing the proposed alteration of development standards.
[Ord. 8-06 § 1]
18.15.530 Preliminary PRRD approval criteria.
The following criteria are the minimum measures by which each proposed PRRD will be considered:
(1) PRRDs shall be given preliminary approval, including preliminary approval subject to conditions,
upon finding by the hearing examiner that all of the following have been satisfied:
(a) The proposed PRRD conforms to:
(i) The Jefferson County Comprehensive Plan;
(ii) All provisions of this code that are not proposed for modification; and
(iii) Any other provisions of local, state or federal regulations, policies or plans, except those
standards proposed for modification;
(b) Utilities and other public and private services necessary to serve the needs of the PRRD
shall be made available, including:
(i) Open spaces;
(ii) Drainage ways;
(iii) Roads and other public ways;
(iv) Potable water;
(v) Transit facilities;
(vi) Wastewater disposal;
(vii) Parks and playgrounds;
(viii) Schools; and
(ix) Sidewalks and other improvements that assure safe walking conditions for students who
walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed PRRD, together
with any practical means of mitigating such adverse impacts, have been considered and a
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determination issued that such adverse impacts can be mitigated in accordance with Article X of
Chapter 18.40 JCC and the State Environmental Policy Act (SEPA), Chapter 43.21C RCW;
(d) Approving the proposed PRRD will serve the public use and interest and adequate provision
has been made for the public health, safety and general welfare;
(e) The proposed PRRD satisfies the criteria set forth in this Article VI-M, as applicable; and
(f) The proposed PRRD will be superior to or more innovative than conventional development
and will provide greater public benefit than that which would be available through the use of
conventional zoning and/or development standards.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in accordance with
RCW 58.17.120, as now adopted and hereafter amended, a proposed PRRD may be denied because
of flood, inundation or swamp conditions. Where any portion of the proposed PRRD lies within both a
flood control zone, as specified by Chapter 86.16 RCW, and either the one percent flood hazard area
or the regulatory floodway, the county shall not approve the PRRD unless:
(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no feasible
alternative exists to locating lots and building envelopes within the one percent flood hazard
area; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of this chapter and
any written recommendations of the Washington State Department of Ecology. In such cases,
the administrator shall issue no development permit associated with the proposed PRRD until
flood control problems have been resolved.
(3) Preliminary approval of a PRRD does not constitute approval to obtain any building permits or
begin construction of the project. [Ord. 8-06 § 1]
18.15.535 PRRD review and approval process.
(1) An application for preliminary PRRD approval shall be processed according to the procedures for
Type III decisions established in Chapter 18.40 JCC.
(2) A PRRD consolidated with a short subdivision application shall be reviewed for compliance with all
standards and criteria set forth in Article III of Chapter 18.35 JCC.
(3) A PRRD consolidated with a long subdivision application shall be reviewed for compliance with all
standards and criteria set forth in Article IV of Chapter 18.35 JCC.
(4) A PRRD consolidated with a binding site plan application shall be reviewed for compliance with all
standards and criteria set forth in Article V of Chapter 18.35 JCC.
(5) In addition to review under all requirements of Chapter 18.35 JCC, based on comments from
county departments and applicable agencies, the hearing examiner shall review the proposal subject
to the criteria contained in this Article VI-M, and shall approve any such proposal only when
consistent with all the provisions of this article. [Ord. 8-06 § 1]
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18.15.540 Performance guarantees – PRRD agreements.
To ensure that the development is carried out in accordance with the proposed design and the
conditions of project approval, prior to final approval, the hearing examiner shall require that the
applicant enter into written agreement with the county, which agreement shall constitute CC&Rs
binding upon all future purchasers, tenants and occupants of the PRRD. Recordation of a signed
PRRD agreement shall be a precondition to final approval of the PRRD. The PRRD agreement may
include as applicable, and without limitation, the following:
(1) An adequate guarantee providing for the permanent preservation, retention and maintenance of
all reserve tracts (i.e., open space or agricultural) or public areas;
(2) Where a reserve tract(s) is to be protected against building development, the applicant shall
convey to the county an easement over such areas restricting the area against any future building or
use except as consistent with providing open space for the aesthetic and recreational enjoyment of
the surrounding residences, or providing an area permanently reserved for agricultural uses, as
applicable;
(3) The care and maintenance of reserve tracts shall be assured by establishment of an appropriate
management organization for the project;
(4) Ownership and tax liability of any reserve tract(s) shall be established in a manner acceptable to
the county; and
(5) Where bonus densities are obtained for low-income housing development, the applicant shall
provide an assurance that the low-income housing will be maintained on the property for not less than
20 years and that project design and measures to ensure compatibility with adjacent land uses shall
be maintained throughout the 20-year term. [Ord. 8-06 § 1]
18.15.545 Modifications to an approved PRRD.
(1) Modifications to a previously approved preliminary PRRD may be requested by the applicant and
approved by the director subject to the provisions for Type I decisions in Chapter 18.40 JCC;
provided, that the modification does not involve any of the following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a building site pursuant to this
code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) Increase the residential density;
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(b) Reduce the area of a reserve tract;
(c) Relocate a reserve tract in a manner that makes it less accessible or usable as open space
or agricultural land, as applicable;
(d) Change the point(s) of access to different roads;
(e) Increase the total ground area covered by building or other impervious surfaces; or
(f) Fail to preserve unique natural features that were required to be preserved by the preliminary
PRRD approval.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed
the criteria set forth in subsection (2) of this section, shall be processed as a new PRRD application.
[Ord. 8-06 § 1]
18.15.550 Building and occupancy permit – Issuance after final PRRD approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved PRRD prior to a determination by the
relevant fire district chief or designee that adequate fire protection and access for construction needs
exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved PRRD until either:
(a) All required improvements that will serve the subject lot or parcel have been constructed and
the county has accepted properly executed documents for such improvements; or
(b) All required improvements have been bonded or otherwise guaranteed; or
(c) An improvement bond in an amount adequate, in the determination of the director of the
department of public works, to guarantee construction of those required public improvements
necessary to serve the lot or parcel or which a building permit is sought has been accepted by
the county.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other approved
temporary building shall be issued for a structure on a lot or parcel within an approved PRRD prior to
final inspection and approval of all required improvements which will serve such lot or parcel to the
satisfaction of the director of the department of public works and county building official. [Ord. 8-06
§ 1]
18.15.555 Final PRRD plan requirements.
(1) The applicant must submit a reproducible copy of the proposed final PRRD plan to the
administrator of the department of community development.
(2) Where a PRRD is consolidated with a short subdivision or long subdivision, the applicant shall
submit all information required for submittal under Article III (Short Subdivisions) or Article IV (Long
Subdivisions) of Chapter 18.35 JCC, as applicable.
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(3) Where a PRRD is consolidated with a binding site plan application, the applicant shall submit all
information required for submittal under Article V of Chapter 18.35 JCC, as applicable.
(4) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a
PRRD, a typewritten copy of such covenants, bearing all necessary signatures, shall be submitted
along with the final PRRD. Where the recordation of specific deed restrictions or CC&R provisions
have been required as a condition of PRRD approval, the DCD director shall approve and sign the
deed restriction or CC&Rs prior to final approval. The CC&Rs shall clearly delineate the provisions
that the hearing examiner has imposed as a condition of PRRD approval and those provisions
voluntarily imposed by the applicant/declarant for private purposes. The CC&Rs shall specifically
provide that the county will not enforce any private CC&R provisions.
(5) The final PRRD plan shall be accompanied by a current (within 30 days) title company certification
of:
(a) The legal description of the total parcel subject to the application;
(b) Those individuals or corporations holding an ownership interest and any security interest
(e.g., deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel.
Such individuals or corporations shall sign and approve the final plan prior to final approval;
(c) Any lands to be dedicated to the county shall be conformed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property with a description of purpose and
referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the proposal, an American
Land Title Association title policy may be required by the director of the department of public
works.
(6) The applicant shall submit for final approval any PRRD agreement that may be required in
conformance with JCC 18.15.540.
(7) The final PRRD plan shall be processed as a Type IV application as set forth in Chapter 18.40
JCC, and shall be approved by the board of county commissioners upon satisfaction of all conditions
of approval and all requirements as provided in this Article VI-M. [Ord. 8-06 § 1]
18.15.560 Time limitations on final PRRD submittal.
Approval of a preliminary PRRD shall expire unless the applicant submits a proposed final PRRD with
all supporting documents in property form for final approval within five years after preliminary
approval. [Ord. 8-06 § 1]
18.15.565 Extinguishment of preliminary planned unit developments approved prior
to UDC adoption.
The applicant or owner of a property subject to a planned unit development preliminarily approved
prior to the initial adoption date of this Unified Development Code (UDC) shall obtain all permits for
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the development of the site within two years of the initial adoption of the ordinance codified in this
code. If the applicant fails to obtain all permits within two years, the approval shall be extinguished,
and no site development permits shall be issued until the applicant files an application and obtains
approval for a PRRD in accordance with this Article VI-M. [Ord. 8-06 § 1]
18.15.570 Filing of final PRRD plan.
Upon review and approval of a final PRRD, the DCD administrator shall return the original to the
applicant for recording. The final PRRD plan shall be filed in accordance with the applicable
procedures provided in Chapter 18.35 JCC. [Ord. 8-06 § 1]
Article VI-N. Forest Transition Overlay District (FTO)
18.15.571 Forest transition overlay (FTO) district.
(1) Purpose. The purpose and intent of this section is to provide a mechanism for designation of
forest transition (FTO) lands and to provide development standards within the FTO overlay district in
order to promote the continued viability of resource-based activities in rural areas and minimize the
potential for conflict and incompatibility among these uses and adjacent residential uses. The
development standards in this section, coupled with existing development standards in this code, are
intended to achieve compatibility through implementation of performance criteria that will ensure
adequate resource protection perimeter buffers, while maintaining the rural character and preserving
environmentally sensitive areas.
(2) Applicability.
(a) “Forest transition overlay (FTO)” is a rural lands category established under the
Comprehensive Plan. The FTO designation does not automatically attach to any lands within the
county. An owner of forest resource lands, meeting the criteria set forth in subsection (3) of this
section, may apply for designation. All lands designated FTO shall be subject to the
requirements and criteria of this section.
(b) An FTO application must be processed with an application for short subdivision, long
subdivision, or binding site plan approval under Chapter 18.35 JCC. Long subdivisions or
binding site plans must also be coupled with a planned rural residential development (PRRD)
application. The PRRD process provides increased flexibility and creativity in site layout and
design and a better opportunity to create a viable transition between higher density rural
residential uses and forest resource uses.
(3) Criteria for Designation. Only those forest resource lands that meet the following criteria are
eligible for FTO designation:
(a) The parcel must be designated commercial forest (CF-80) or rural forest (RF-40);
(b) The parcel, as it existed at the time of Comprehensive Plan adoption on August 28, 1998,
must abut land characterized by pre-platted lots of a density greater than or equal to one
dwelling unit per acre on 25 percent of the total perimeter of the parcel boundary lines. Forest
land parcels separated from lots by a public right-of-way shall not be considered abutting;
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(c) The minimum parcel size shall be 10 gross acres; and
(d) The maximum parcel size shall be 225 gross acres.
(4) Allowable and Prohibited Uses. Allowable and prohibited uses within the FTO overlay district shall
be the same as those allowed and prohibited in the rural residential one du/five acres (RR 1:5) district
as specified in Table 3-1 in JCC 18.15.040. All uses must comply with any applicable performance
standards in Chapter 18.20 JCC and development standards in Chapter 18.30 JCC.
(5) Protection Standards.
(a) General. All permit development applications on a parcel of land designated FTO shall be
included in the FTO overlay district and shall adhere to the requirements set forth in this section.
(b) Resource Protection Perimeter Buffers. Within the FTO overlay district, each parcel shall be
required to create a resource protection perimeter buffer along common boundaries with
designated forest resource lands.
(i) There shall be established and maintained a resource protection perimeter buffer of 250
feet in width along common boundaries with designated forest resource lands.
(ii) Resource protection perimeter buffers shall be retained in their natural condition, except
where removal of vegetation is approved to enhance views or provide access or utilities.
(iii) Resource protection perimeter buffers shall be marked with permanent signs at an
interval of every 200 feet. Signs shall remain permanently and shall be in place prior to and
during approved construction activities. The signs shall contain the following statement:
“Resource Protection Buffer – Do Not Remove Or Alter Existing Native Vegetation – For
Further Information Contact the Jefferson County Department of Community Development.”
(iv) The landowner shall be required to dedicate the resource protection buffer as a
permanent open space tract on all final development permits, plats, or site plans.
(v) The landowner shall be required to include a notation on all final development permits,
plats or site plans that includes the following notation:
Forest Transition Overlay. The land comprising this development is designated forest transition
overlay and subject to the requirements of the forest transition overlay district, contained in JCC
18.15.571. All development activities are subject to, and must be undertaken in compliance with,
the requirements and protective standards set forth in the unified development code.
(c) Additional PRRD Standards. In addition to the provisions of Article VI-M of this chapter, the
following development standards shall apply to PRRDs within the FTO overlay district:
(i) Parcels within the FTO overlay district shall be deemed RR 1:5 for purposes of Article
VI-M of this chapter. All standards, requirements, and criteria applicable to land designated
RR 1:5 shall be applicable to land within the FTO overlay district.
(ii) Where reasonably feasible, the reserve tracts required by JCC 18.15.490 shall be
situated along common boundaries with designated forest resource lands to enhance the
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size of resource protection perimeter buffers and minimize the potential for future conflicts
and incompatibility.
(iii) Applicants are encouraged to design PRRDs within the FTO overlay district that include
innovative ways to reduce the potential for conflict and incompatibility between forestry land
uses and rural residential lands uses, maintain the predominant rural character, preserve
scenic views and environmentally sensitive areas, and enhance the aesthetic benefits to the
public by harmonizing the development with the topography and landscape features of the
land.
(d) Compliance with Other Overlay District Requirements. All permits and development
applications shall comply with the requirements of all other applicable overlay districts as set
forth in Article VI of this chapter.
(6) Application Submittal and Contents. To be considered complete, an FTO application shall include
the following information:
(a) The FTO application shall be submitted to the department of community development (DCD)
on forms to be provided by DCD along with appropriate fees established under the Jefferson
County fee ordinance;
(b) A completed land use application form, including all materials required in accordance with
Chapter 18.40 JCC;
(c) The applicant shall supply completed information and materials for all other permit and
development applications required under this code consolidated with the PRRD application, if
applicable;
(d) Where applicable, and special reports or studies required pursuant to Article VI-D of this
chapter, prepared in accordance with the requirements of Article VI-J of this chapter;
(e) The applicant shall supply a narrative statement substantiating how the proposed
development will provide a benefit to the public in reducing the potential conflict and
incompatibility among abutting properties designated forest lands; and
(f) Any additional information required by the DCD administrator and/or the director of the
department of public works.
(7) Preliminary FTO Approval Criteria.
(a) An FTO application shall be processed according to the procedures for a Type II decision
established in Chapter 18.40 JCC.
(b) An FTO application shall be given preliminary approval upon a finding by the DCD
administrator that the parcel(s) subject to the FTO application satisfy the criteria set forth in
subsection (3) of this section, and that the FTO application is complete in accordance with the
requirements set forth in subsection (6) of this section.
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(8) Final FTO Designation. The FTO designation shall become effective upon final short subdivision,
long subdivision, binding site plan and, if applicable, PRRD approval.
(9) Time Limitations on Final FTO Approval. Preliminary FTO approval shall expire unless the
applicant obtains final short subdivision, long subdivision, binding site plan and, if applicable, PRRD
approval within the time limits applicable to the particular development application(s). [Ord. 8-06 § 1]
Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District
18.15.572 Small-scale recreation and tourist (SRT) overlay district.
(1) Purpose. The purpose of this section is to implement the Brinnon Subarea Plan, a chapter of the
Jefferson County Comprehensive Plan, by establishing a small-scale recreation and tourist (SRT)
overlay district at WaWa Point. The intent of this section is to encourage small-scale recreation and
tourist development consistent with the needs, scale and rural character of the Brinnon Planning Area
and in compliance with the provisions of RCW 36.70A.070. This section provides for certain
exemptions, review criteria and other requirements to encourage compatible rural economic
development in the Brinnon Planning Area. The provisions of this section allow for flexible application
of the SRT standards to recognize the unique economic development characteristics and needs of
this remote rural area.
(2) Applicability. This section shall apply to all small-scale recreation and tourist uses identified in
Table 3-1 in JCC 18.15.040 and subject to the performance standards identified in JCC 18.20.350.
The WaWa Point SRT overlay district shall encompass those areas within the Brinnon Planning Area
identified on Figure BR-9 of the Brinnon Subarea Plan. The provisions of this section constitute an
overlay district (i.e., floating zone) over the underlying rural residential districts at WaWa Point. All
other provisions of this unified development code shall apply to such uses in the SRT overlay district
unless otherwise exempted by this section.
(3) Small-Scale and Recreational Tourist Uses. In the WaWa Point SRT overlay district, small-scale
recreation and tourist uses shall be regulated according to the following provisions:
(a) The list of illustrative small-scale recreation and tourist uses in rural residential districts, as
defined in Table 3-1 in JCC 18.15.040, and Chapter 18.20 JCC, Performance and Use-Specific
Standards, shall be classified as Type II permit uses within the SRT overlay district only unless
otherwise classified by this section.
(b) Outdoor commercial amusement facilities, outdoor shooting ranges, and off-road vehicle
(ORV) and all-terrain vehicle (ATV) parks and recreational uses shall be prohibited within the
SRT overlay.
(c) Unnamed uses, if classified as an SRT by the administrator, consistent with the requirements
of JCC 18.20.350(2), shall be treated as “Cd” (conditional discretionary) uses within the SRT
overlay.
(d) All allowed uses within the SRT overlay shall be exempt from the general minimum lot size
requirements of JCC 18.20.350(3)(b), provided they are located on legal lots of record.
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However, other use-specific minimum lot size requirements of JCC 18.20.350 shall apply unless
otherwise exempted by this section.
(e) The use-specific minimum lot size requirements of JCC 18.20.350 for equestrian centers,
conference center/retreat facilities, and for rural recreational lodging shall not apply to such uses
when located within the SRT overlay.
(f) All allowed uses within the SRT overlay shall have a site plan approved by the administrator
consistent with the requirements of the UDC generally and JCC 18.20.350(3)(j) specifically.
(g) Setbacks and other development standards shall be consistent with those required in the
underlying rural residential district, except as may be modified by JCC 18.20.350 or by the
provisions of this section.
(h) Expansion of existing SRT uses and facilities within the SRT overlay shall be exempt from
the requirements of JCC 18.20.350(4)(a) (which requires a conditional use permit), but shall be
subject to a Type II permit process.
(i) Rural recreational lodging or cabins for overnight rental and conference center/retreat
facilities, when located within the SRT overlay, shall be exempt from the requirements of JCC
18.20.350(9)(f) (which requires a conditional use permit), but shall be subject to a Type II permit
process.
(j) The maximum size provisions for rural recreational lodging or cabins for overnight rental, and
conference center/retreat facilities, specified in JCC 18.20.350(9)(b), shall be amended as
follows when such uses are located within the SRT overlay:
(i) Fifteen built cabins or bedrooms for overnight lodging comprising up to 7,500 square feet
of gross floor area are allowed for up to every 10 acres of parcel area devoted to SRT use,
or as allowed in JCC 18.20.350(9)(b), whichever is greater. A maximum of 30 rooms or
cabins comprising no more than 12,000 square feet of total building area over the entire
site, excluding a caretaker’s or manager’s residence, shall apply to rural recreational
lodging uses in areas greater than 10 acres when located in the SRT overlay.
(ii) In projects involving both conference center/retreat facilities and lodging facilities, total
building coverage shall not exceed the maximum impervious surface coverage allowed by
Table 6-1 in JCC 18.30.050 for the underlying rural residential district and other
requirements of this title, as applicable.
(iii) The administrator may also modify the maximum building size of the SRT use(s)
allowed under this section based on the authority granted under JCC 18.20.350(3)(j).
(k) Rural restaurants, when located within the SRT overlay, shall be exempt from the provisions
of JCC 18.20.350(10)(a) (which requires co-location with another primary SRT use).
(l) All SRT uses allowed within the SRT overlay shall be subject to all performance standards
required pursuant to JCC 18.20.140, Commercial uses – Standards for site development, and
the development standards contained in Chapter 18.30 JCC.
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(m) The public notice requirements of the Type II permit process in Chapter 18.40 JCC shall be
required to ensure that adjacent and surrounding property owners receive adequate and timely
public notice and comment periods for proposed SRT uses within the SRT overlay district.
(n) During site plan review of proposed SRT uses within the SRT overlay, the administrator shall
consider site and building design standards including, but not necessarily limited to, building
material types, building mass and orientation, architectural treatment, and the use of existing
vegetation and landscaping as means to ensure compatibility with the surrounding rural
character. [Ord. 8-06 § 1]
Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District
18.15.573 Small-scale business and cottage industry (SBCI) overlay district.
Repealed by Ord. 11-04. [Ord. 1-04 § 3 (Exh. C); Ord. 11-00 § 3.6.15]
Article VII. Subarea Plans
18.15.580 Brinnon Subarea Plan.
The Brinnon Subarea Plan is a chapter of the Jefferson County Comprehensive Plan that established
policies and regulations specific to the Brinnon Planning Area (Planning Area No. 11). Unless
modified by the Brinnon Subarea Plan, all other policies and regulations of the Comprehensive Plan
and this Unified Development Code apply to project proposals in the Brinnon Planning Area. Brinnon
Subarea Plan measures specific to the Brinnon Planning Area are incorporated into this code in the
following subsections:
(1) Article VI of this chapter, Overlay Districts.
(a) Article VI-L of this chapter, Remote Rural Overlay Districts for the West End Planning Area
and the Brinnon Planning Area (provisions for home business and cottage industry).
(b) JCC 18.15.572, Small-scale recreation and tourist (SRT) overlay district (provisions for SRT
uses in the WaWa Point SRT overlay). [Ord. 8-06 § 1]
Article VIII. Major Industrial Development
18.15.600 Purpose and intent.
The purpose and intent of this article is to establish a process for reviewing and approving proposals
to authorize siting of specific major industrial developments outside urban growth areas pursuant to
RCW 36.70A.365 and the Jefferson County Comprehensive Plan. “Major industrial development”
means a master planned location for a specific manufacturing, industrial, or commercial business
that:
(1) Requires a parcel of land so large that no suitable parcels are available within an urban growth
area; or
(2) Is a natural resource-based industry requiring a location near agricultural land, forest land, or
mineral resource land upon which it is dependent.
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The major industrial development shall not be for the purpose of retail commercial development or
multitenant office parks. [Ord. 8-06 § 1]
18.15.605 Application requirements and approval process.
Major industrial development applications shall be processed as Type III conditional use permits
under this code, requiring an open record hearing before the hearing examiner. Additionally, a
development agreement between the county and the applicant (and other parties, as necessary) is a
mandatory element of a major industrial development application and shall be processed per Article
XI of Chapter 18.40 JCC (Development Agreements). The open record public hearing before the
hearing examiner shall, in an effort to consolidate the application review process, serve as the public
hearing required before approval of a Type III permit and before adoption of a development
agreement via ordinance or resolution. The development agreement shall not be adopted by the
board of county commissioners until the hearing examiner approves the conditional use permit
application. RCW 36.70A.365(3) states that final approval of a major industrial development shall be
considered an adopted amendment to the Comprehensive Plan designating the major industrial
development site on the Land Use Map as an urban growth area. If an application for a major
industrial development in Jefferson County is approved as a conditional use by the hearing examiner,
the conditional use approval in combination with the required board of county commissioners’
adoption of the development agreement via ordinance or resolution shall be considered “final
approval,” the result of which shall amend the Comprehensive Plan Land Use Map. Final approval of
an application for a major industrial development and the corresponding amendment to the Land Use
Map shall not be considered an amendment to the Comprehensive Plan for the purposes of RCW
36.70A.130(2) and may be considered at any time. JCC 18.45.040, the standard process for
amending the Comprehensive Plan, does not apply. [Ord. 8-06 § 1]
18.15.610 Approval criteria.
A major industrial development may be approved outside an urban growth area in Jefferson County
under this section if the following criteria are met, in addition to other applicable regulations of this
code not specifically referenced herein:
(1) The proposal must require for operation 40 or more acres, including acreage for required buffers;
(2) The proposal satisfies all the conditional use approval criteria listed in JCC 18.40.530;
(a) When reviewing the project’s “merit and value for the community as a whole,” per JCC
18.40.530(1)(j), consideration shall be given to the number of jobs created. The number of jobs
per net acre of development, not including the required buffers, shall be typical for the type of
industry proposed;
(b) When analyzing the potential “negative effects” and “cumulative effects of similar actions in
the area,” per JCC 18.40.530(1)(l), consideration shall be given to the number and relative
locations of major industrial developments permitted in Jefferson County and their subsequent
or anticipated impacts;
(3) A development agreement is included in the application pursuant to Article XI of Chapter 18.40
JCC (Development Agreements);
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(4) New infrastructure is provided for and/or applicable impact fees are paid;
(5) Transit-oriented site planning and traffic demand management programs are approved and
implemented and the general development standards related to traffic as contained in JCC 18.30.020
(5) are met;
(6) Buffers are provided between the major industrial development and adjacent nonurban areas and
managed according to an approved landscape plan, per JCC 18.30.130, Landscaping/screening,
except that buffers for major industrial developments shall be 50 feet of Screen-B landscaping for
road frontages and 100 feet of Screen-A landscaping for interior lot lines along any portion adjacent
to a nonurban area, including rural residential districts and designated resource lands, except as may
be varied by the administrator under JCC 18.30.130(2)(b);
(7) Bulk and dimensional standards for major industrial development urban growth areas are satisfied
pursuant to Table 6-1 in JCC 18.30.050;
(8) Environmental protection including noise, air and water quality has been addressed and provided
for, per requirements of this code (Article VI-D of Chapter 18.15 JCC (Environmentally Sensitive
Areas District (ESA)) and other applicable sections) and other mitigative measures as appropriate
through review under the State Environmental Policy Act per Chapter 43.21C RCW and Article X of
Chapter 18.40 JCC, (State Environmental Policy Act (SEPA) Implementation);
(9) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and
mineral resource lands via interior lot lines buffers per subsection (3) of this section and other case-
or site-specific measures as determined through State Environmental Policy Act review;
(10) The plan for the major industrial development is consistent with the provisions to protect
environmentally sensitive areas as presented in Article VI-D of Chapter 18.15 JCC (Environmentally
Sensitive Areas District (ESA));
(11) Appropriate and suitable measures are established for the environmental remediation and/or
restoration of the site in the case of future abandonment of the industrial or commercial operation, as
determined through environmental review of the application and commensurate with the impacts of
the specific use permitted;
(12) If phasing of development (per JCC 18.15.625(1)) is contemplated by the applicant, the overall
project plan, including general timelines for construction but illustrating building footprints and
projected uses in lieu of design details to be submitted with future building permit applications, must
be presented in the original application such that the overall plan is established through the
conditional use permit and a development agreement; and
(13) For major industrial development applications made pursuant to JCC 18.15.600(1), the county
has determined, and entered findings that land suitable to site the major industrial development is
unavailable within the urban growth area according to the current inventory of developable land within
urban growth areas. Priority shall be given to applications for sites that are adjacent to or in close
proximity to the urban growth area. For applications under JCC 18.15.600(1) or (2), the county must
also find that the proposal is appropriately defined as a major industrial development and should not
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be more appropriately categorized as some other type of land use application. The approving
authority may use discretion in considering specific major industrial developments proposed for
specific land use districts based on the nature of the proposed use and activity. [Ord. 8-06 § 1]
18.15.615 Conditional use requirements.
Major industrial developments shall comply with Article VIII of Chapter 18.40 JCC (Conditional Uses),
including provisions on the use of the property before the final decision (JCC 18.40.550), the effective
period of the permit and the expiration (JCC 18.40.560), modification to the permit (JCC 18.40.570),
the validity of the permit when there is change in ownership of the land (JCC 18.40.580), permit
suspension or revocation (JCC 18.40.590), and the requirement of an assurance device and/or
additional conditions at county discretion (JCC 18.40.540 and 18.40.600). [Ord. 8-06 § 1]
18.15.620 Final approval.
Pursuant to RCW 36.70A.365(3), final approval of an application for a major industrial development
shall be considered an adopted amendment to the Comprehensive Plan designating the major
industrial development site on the Land Use Map as an urban growth area. The urban growth area
associated with a major industrial development shall be a limited urban growth area intended for the
specific major industrial development and not to absorb future population and other goals of mixed-
use urban growth areas. A decision of approval by the hearing examiner regarding the conditional
use permit, in combination with the board of county commissioners’ adoption via ordinance of the
associated development agreement, shall be considered “final approval.” Final approval of an
application for a major industrial development shall not be considered an amendment to the
Comprehensive Plan for the purposes of RCW 36.70A.130(2) and may be considered at any time.
[Ord. 8-06 § 1]
18.15.625 Phasing of development, expansion, future use of land, abandonment of
site, and reverting to previous land use district.
(1) The county recognizes that economic and other considerations may necessitate that business
plans for a major industrial development be characterized by phasing of development (i.e., a portion
of the overall site plan is constructed first, followed at a later date by the next portion or rest of the site
plan, depending on economic and other factors). The major industrial development urban growth area
established in the original application process would delineate the overall site plan. For phasing of
development to be approvable, the overall project plan, including general timelines for construction
but illustrating building footprints and projected uses in lieu of design details to be submitted with
future building permit applications, must be presented in the original application. Per JCC 18.40.560,
the proponent must file for the building permits or other necessary permits associated with the first
phase of the development within three years of the effective date of the conditional use permit, unless
the permit approval provides for a greater period of time.
(2) Expansion of the major industrial development beyond the boundaries of the original site plan and
established urban growth area would require the full permit approval process described in this section
of the code.
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1
(3) Future use of the land is determined and bound by the original application and development
agreement. Per JCC 18.40.580, no other use is allowed without approval of an additional conditional
use permit. A future application for a major industrial development that utilizes the same land area
within the previously established urban growth area is approvable if the required code and statutory
criteria are met. Final legislative approval following conditional use approval would be unnecessary in
this case, as the urban growth area is already established on the Comprehensive Plan Land Use
Map. If the dimensions of the urban growth area must be modified, that process would be undertaken
pursuant to JCC 18.45.040.
(4) The owners of land zoned and used for major industrial development and/or the conditional use
permittee and/or other entity as appropriate for particular circumstances shall be responsible for
appropriate and suitable environmental remediation and/or restoration of the site in the case of
abandonment of the industrial or commercial operation. The responsible part shall be identified in the
development agreement and/or conditional use permit. The responsibility for appropriate and suitable
environmental remediation and/or restoration will be determined through environmental review of the
application and commensurate with the impacts of the specific use permitted. An environmental
remediation and/or restoration plan shall be established in the development agreement and
conditional use permit approval.
(5) Under certain circumstances, it may be deemed appropriate by the county that the major industrial
development urban growth area, or a portion thereof, revert to the previous land use district, or in rare
cases change to another land use district. A change to the Comprehensive Plan Land Use Map shall
be considered as a Comprehensive Plan amendment application during the annual amendment cycle
as governed in Chapter 18.45 JCC. [Ord. 8-06 § 1]
18.15.630 Urban growth in adjacent nonurban areas.
Chapter 36.70A RCW requires that development regulations are established to ensure that urban
growth will not occur in nonurban areas adjacent to major industrial developments. Jefferson County
rural land use districts are characterized by rural densities (i.e., one dwelling unit per five or more
acres for rural residential and less dense for resource lands). In order to ensure that these controls
remain effective, it should be noted that proximity to a major industrial development urban growth
area or development or extension of infrastructure shall not provide a basis for a Comprehensive Plan
amendment to change the land use district for property adjacent to a major industrial development to
a land use district with greater development density or more intensive uses. [Ord. 8-06 § 1]
18.15.635 Re-authorization of article after initial period of implementation.
In order to ensure that the standards contained in this article, as applied to applications for major
industrial developments, result in acceptable and desirable impacts to the physical and cultural
landscape of Jefferson County, the county commissioners shall, upon the occurrence of five
approved major industrial developments or the passage of five years from the date this section was
adopted, whichever occurs first, hold a public hearing and take action to re-authorize, modify,
suspend or delete this article. Any amendments for the UDC proposed by the county commissioners
as a result of that public hearing shall be processed pursuant to Chapter 18.45 JCC. [Ord. 8-06 § 1]
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Section 4 of Ord. 3-08 provides:
“Section 4: Agricultural Uses. Any existing agricultural uses occurring on lands designated as “AG” in
JCC §18.15.020(1), to the extent such a use is regulated or governed by any provision of the existing
CAO found at JCC 18.15, shall continue to be regulated and/or governed by the existing JCC 18.15 in
order to comply with SSB 5248 enacted by the State Legislature, signed by the Governor and now
found at Section 2 of Chapter 353 of the 2007 Session Laws. To comply with SSB 5248 between May
1, 2007 and July 1, 2010 local governments planning under GMA “may not amend or adopt CA
Ordinances under RCW 36.70A.060(2) as they apply to agricultural activities.” Since this new Critical
Areas Ordinance is being enacted during the time frame covered by SSB 5248, that law applies in the
manner described above.”
The Jefferson County Code is current through Ordinance
1-18, passed February 20, 2018.
Disclaimer: The Clerk of the Board's Office has the official version
of the Jefferson County Code. Users should contact the Clerk of
the Board's Office for ordinances passed subsequent to the
ordinance cited above.
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