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Ordinance No.11-1218 -00
IN THE MATTER OF AN ORDINANCE OF JEFFERSON COUNTY,
WASHINGTON, ADOPTING A UNIFIED DEVELOPMENT CODE (UDC) TO
GUIDE LAND USE DEVELOPMENT IN A MANNER THAT IS CONSISTENT
WITH, AND IMPLEMENTS VARIOUS STATE STATUTES AND THE 1998
JEFFERSON COUNTY COMPREHENSIVE PLAN
The Board of County Commissioners for Jefferson County, Washington (the BOCC), in
their role as the legislature for Jefferson County, finds as follows:
1.
RCW Chapter 36.70A, et seq., also known as the Growth Management Act
("GMA"), requires that counties planning under the GMA adopt development
regulations that are consistent with and implement their comprehensive plans.
2.
By way of Resolution No. 72-98, the BOCC adopted its Comprehensive Plan and
land use map in accordance with the GMA on August 28, 1998. All findings,
recitals and other provisions of Resolution 72-98 and all subsequent resolutions
and ordinances amending the Comprehensive Plan are incorporated herein by this
reference.
3.
The Comprehensive Plan contains goals, policies, implementing strategies and a
land use map intended to establish the character, quality and pattern of the future
physical development of Jefferson County.
4.
It shall enact the UDC to implement those goals and policies in development
regulations, to enact a uniform land use permit application and administrative
process providing greater predictability for applicants and expediting permit
review, to consolidate review processes, and to codify and update the numerous
ordinances governing land use matters into a new, comprehensive code, to be
called the Jefferson County Unified Development Code (or UDC).
5.
The UDC is intended to be a comprehensive document governing land use,
planning or zoning decisions made with respect to real property located within the
unincorporated portions of Jefferson County.
6.
The UDC will replace more than a dozen existing Ordinances that are often
vague, incomplete or contradictory.
The UDC will carryover from the older Ordinances much (but not all) of the
substance of the older Ordinances but also contains much that is new and
innovative.
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13.
14.
15.
16.
17.
18.
8.
The goals and policies laid out by the County's 1998 Comprehensive Plan are
more fully reflected and served by the UDC than by the existing Ordinances.
9.
That the UDC does not, at present, supersede or replace the County's current
Shoreline Master Management Program (or "SMMP"), initially adopted March 7,
1989 and amended thereafter.
10.
The County's SMMP remains valid after the enactment of the UDC and is not at
this time repealed or voided.
11.
The County will continue to meet its obligation to comply with and implement the
State Environmental Policy Act (SEP A) through enactment of this UDC.
12.
Local project review procedures as well as the process that will be used, when and
if necessary, to review or amend the Comprehensive Plan and/or the UDC are
essential parts of the UDC that is adopted on this date and will permit this County
to remain in compliance with the state statutes applicable to such procedures.
The UDC moves the focus of enforcement for zoning violations from the 'stick'
of legal action to the 'carrot' of cooperation, education and mediation.
The UDC respects the property rights of landowners because it limits the
authority to search of county officers to that which is constitutionally permitted.
As adopted the UDC is consistent with the requirements of the Growth
Management Act of 1990, as amended (Chapter 36.70A RCW), the Local Project
Review Act (Chapter 36.70B RCW), and S.E.P.A.(Chapter 43.21C RCW).
Jefferson County entered into a contract with a firm known as Earth Tech, Inc.,
the outside consultant hired to assist in the preparation of a draft UDC, on May
23, 2000. That contract called for all work with respect to the UDC to be
completed by December 31, 2000 because it was the intent of this body to adopt
the UDC as final development regulations on or about December 11, 2000.
On June 7, 2000, the County Planning Commission, by way of a formal motion
that passed unanimously, acknowledged that the elected County Commissioners
wished to adopt the UDC on or before December 11, 2000. The same motion of
the Planning Commission stated that the Planning Commission agreed that the
UDC should be adopted by the December 2000 target date.
County planners met repeatedly with the representatives of Earth Tech, Inc.
during summer 2000 to analyze and consider what portions of the existing
Ordinances should be brought forward into the UDC and what portions should
not.
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23.
24.
25.
26.
27.
19.
These same meetings during summer 2000 between Earth Tech, Inc. and the
County's planners also included discussions about what portions of the goals and
policies found in the 1998 Comprehensive Plan are not currently effectuated by
the existing Ordinances and how those portions would be reflected and made part
of the UDC.
20.
There were during the summer 2000 additional meetings between the County's
planners, Earth Tech, Inc. and various representatives of other County
departments to discuss problems with the existing Ordinances that impacted more
than one department or statutorily-mandated agency ofthis County. For example,
these meetings often included representatives from the County's Public Works
Department and representatives of the elected offices created by state statute, i.e.,
the Office of the County Assessor.
21.
Mter timely and effective public notice, the Planning Commission held a meeting
in Port Hadlock to review for the first time the proposed scope and outline of the
proposed UDC on July 12,2000.
22.
Notice of availability of the Draft UDC was disseminated to the public through
the County's web site and through publication in the County's official newspaper
of record, the Jefferson County-Port Townsend Leader. Free paper copies of the
UDC were available at the Department of Community Development.
Mter timely and effective public notice, the Planning Commission held a public
workshop meeting in Port Hadlock on September 6, 2000 to commence
substantive review of the proposed UDC.
Mter timely and effective public notice, the Planning Commission held public
workshop meetings on September 13, September 20, September 27, October 4,
October 11, and October 18, 2000 in Port Hadlock to review the various chapters
of the proposed UDc. All of the aforementioned meetings incorporated multiple
opportunities for public comment and questions.
Mter timely and effective public notice, the Planning Commission met in Port
Hadlock on October 25, 2000 to accept public testimony regarding the proposed
UDC.
Mter timely and effective public notice, the Planning Commission met in Brinnon
on October 26, 2000 to accept public testimony regarding the proposed UDc.
Mter timely and effective public notice, County Department of Community
Development staff and consultants held a public open house in Port Hadlock on
November 4, 2000 to answer questions regarding the proposed UDC and to take
public comment on the proposed legislation.
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30.
31.
32.
33.
34.
35.
36.
28.
After timely and effective public notice, the Planning Commission held public
workshops in Port Hadlock to review and deliberate public testimony and
formulate a report for the advice of this body on November 1, November 4,
November 8 and November 9,2000.
29.
The Planning Commission did not, with respect to the UDC, issue to the elected
County Commissioners any document entitled "Recommendation" or "Report" as
is the normal course of action under the 1963 Planning Enabling Act.
Instead, five members of the Planning Commission chose to endorse a letter dated
November 9, 2000 from the chair of the Planning Commission stating that those
six members of the Planning Commission, a majority, felt it did not have time to
formulate a recommendation or report regarding the UDC and seeking, with the
permission of this Board, additional time for review of the draft UDC.
There was not unanimity among the Planning Commission members that the
Planning Commission wisely used its limited time to review the draft UDC in
light of the fact that the Planning Commission knew of the target enactment date
of December 11, 2000 and stated it would work in such a way that the elected
County Commissioners could meet that deadline.
Regardless of the diverging opinions regarding the efficacy of the process used by
the Planning Commission to review the UDC, the BOCC accepts the November 9,
2000 letter from the chair of that Commission as the written decision of the
Planning Commission regarding the proposed UDc.
Numerous alterations, deletions and additions have been made to the draft UDC
as a result of comments made by Planning Commission members during their
substantive review of the draft UDC in September, October and November 2000.
On a separate track, County planning officials and the Chief Civil Deputy
Prosecuting Attorney met with the Shine Community Action Council, planning
officials, the City attorney and the City Administrator on November 14, 2000 to
discuss certain portions of the Interim Critical Areas Ordinance (or "ICAO").
The relevant portions of the ICAO relate to seawater intrusion issues and the
locating of potential future asphalt batch plants.
The ICAO was the subject of a Petition For Review (or "PFR") before the
Western Washington Growth Management Hearings Board, the Petition docketed
at 94-2-0012. The PFR alleged that the ICAO did not do enough to protect
freshwater aquifers from seawater intrusion.
Certain amendments to the ICAO were enacted in Ordinance #14-0626-95 as part
of a Stipulated Agreement that ended PFR #94-2-0012.
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37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
The issues discussed at the November 14, 2000 meeting came to the forefront as
the County decided what steps it would or would not undertake with respect to
carrying forward the seawater intrusion provisions of the ICAO as amended by
Ordinance #14-0626-95.
Both the City of Port Townsend and the Shine Community Action Council have
made it clear to the BOCC that they wish to see all provisions regarding sea water
intrusion from the old ICAO be included in the UDc. Thus, while the provisions
for seawater intrusion found within Ordinance #14-0626-95 are not included
within this UDC, the County Commissioners have instructed the Administrator to
create a work plan for the Department of Community Development (the paid
planners for the county) that includes revisiting the saltwater intrusion issue.
County planning personnel, the Chief Civil Deputy Attorney and the County
Administrator met with the manager, planners, Executive Director and legal
counsel for the Port of Port Townsend, operator of the lead airport facility in this
County, on or about November 29,2000.
This above-described meeting was mandated by RCW 36.70.547.
The Port of Port Townsend requested that changes to those portions of the UDC
relating to the Jefferson County International Airport (or "JCIA") be made and the
proposed UDC includes many of those changes.
The Port of Port Townsend has provided written comments to the BOCC
regarding changes and additions it would want to see included in the UDC before
it is enacted.
There is, for example, concern on the part of the Port of Port Townsend that the
UDC in its present form does not create a system that is certain to give notice to
landowners in the vicinity of the JCIA that the JCIA does and will continue to
generate noise on a regular basis that does and will detract from the quiet use and
enjoyment of real property located within the vicinity of the JCIA.
The County's Comprehensive Plan at EPP 3.1 and EPP 3.3 state, respectively,
that the County will "establish a noise overlay zone" and a "Noise Overlay Zone
Ordinance" with respect to the JCIA.
The UDC does not include a distinct "Noise Overlay Zone Ordinance," although
UDC Section 3.6.110) does require notice of the potential adverse impact of
noises to be placed on future land subdivisions in the vicinity of the JCIA.
The County's planning staff with respect to specific sections of the draft UDC has
received more than 100 distinct written comments.
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47.
48.
49.
50.
51.
52.
53.
54.
After timely and effective public notice, the BOCC held several workshop
meetings in Port Townsend on October 9, 16 and 23, 2000 as well as November 6,
2000 to review and discuss the Planning Commission report in advance of its
subsequent public hearing on the proposed UDc. The public was present at such
meetings, although comments were not accepted. Amendments to the UDC,
done in 'line-in, line-out' style, occurred as the direct result of what the elected
Commissioners discussed during these meetings.
After timely and effective public notice, it received on November 13, 2000 from
the County's Planning Agency (which is a combination of the Planning
Commission and the paid planning staff) a single, comprehensive draft of the
UDC which included the changes, alterations and additions suggested and
requested by the Planning Commission, the citizens, the elected County
Commissioners and the Chief Civil Deputy Prosecuting Attorney.
This version, also known as the November 10th version, included line-in and line-
out changes in red from the Planning Commission. These changes were proposed
by the Planning Commission but not supported by the County's paid planners.
Any change, alteration, addition etc supported or brought forth to it by the
County's paid planners, including the vast majority of the changes or alterations
the members of the Planning Commission had proposed or suggested, was found
in 'line-in, line-out' version but in black.
On November 13, 2000 it heard testimony from the paid planning staff regarding
the "red" suggested language and the "black" suggested language. It accepted the
'black' line-in, line-out and decided not to move forward with the 'red' line-in,
line out. As modified the November 10th version became what is now known as
the November 16th version of the UDC.
It was the November 16th version that was the subject of a notice in the Jefferson
County-Port Townsend Leader dated November 29, 2000 in preparation for
public hearings before it on December 11 and 12, 2000.
The notice in The Jefferson County-Port Townsend Leader consumed more than
one page (broadsheet size) and listed not only all the sub-chapter headings but
provided for each chapter a description of the major changes, additions or
subtractions that arise in any particular chapter.
A full-page display ad in the Jefferson County-Port Townsend Leader dated
December 6, 2000 again listed the highlights of the UDC and again repeated the
hearing dates of December 11 and 12, 2000.
After timely and effective public notice, it held a public hearing in Port Townsend
on December 11 and 12, 2000 to accept public testimony on the proposed UDc.
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55.
56.
57.
58.
59.
60.
61.
62.
63.
The opportunities listed above provided for meaningful citizen participation
employed in this review and amendment process and occurred in a manner wholly
consistent with the requirements of the Growth Management Act, specifically
RCW 36.70A.035, RCW 36.70A.130, and RCW 36.70A.140.
That the public has been provided with effective notice and early and continuous
opportunities to review and meaningfully comment upon, and influence the
substance of the Draft UDc.
After timely and effective public notice, the BOCC held public meetings in Port
Townsend (at the County Court House) on Decemberl4, 2000 and December 18,
2000 to deliberate further upon the testimony received, to direct final revisions,
and to formally adopt the proposed UDC.
With respect to the 1998 Comprehensive Plan that this UDC implements and
effectuates this County undertook to complete a Draft Environmental Impact
Statement (or "DEIS") and a Final Environmental Impact Statement (or "FEIS").
The date of the DEIS was February 24, 1997, the date of the FEIS was May 27,
1998.
That this County undertook, as is required by WAC 197-11-630, independent
review of the DEISIFEIS with respect to the proposed UDC and concluded that
the existing environmental documents (the DEIS and FEIS) do provide adequate
environmental review to satisfy the requirements of WAC 197-11-600 pertaining
to the adoption of the current proposal, that is the UDC.
A Determination of Significance and Notice of Adoption of Existing
Environmental Documents was issued for the UDC on November 21, 2000. It
was determined that the probable significant adverse environmental impacts
anticipated by the proposal (the UDC) have been covered by the range of
alternatives and impacts analyzed in the existing DEISIFEIS documents.
The County's SEP A Responsible Official has determined that the DEIS/FEIS
issued previously for the County's Comprehensive Plan serves as the requisite
environmental review for the Unified Development Code.
That this County adopts those documents (the DEIS and FEIS) as the relevant
documents for this proposal (the UDCLin accordance with WAC 197-11-630.
Consistent with the requirements of the GMA, Department of Community
Development staff (the county's paid planners) forwarded the proposed UDC to
the State of Washington Department of Community Trade and Economic
Development (DCTED) for review and comment more than sixty (60) days prior
to the adoption of this ordinance (RCW36.70A.1O6). No substantive comments
were received from DCTED prior to the adoption of this ordinance.
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64.
65.
66.
67.
68.
69.
70.
71.
72.
The UDC has been prepared in conformance with the goals and requirements of
the GMA (Chapter 36.70A RCW) and is externally consistent and compatible
with the 13 state-wide planning goals contained within the GMA at
RCW36.70A020 RCW.
The UDC has also been reviewed against the requirements of the County-
Wide Planning Policy for Jefferson County (CWPP) and is found by the BOCC to
be in conformance with those CWPPs.
Section 1 of the UDC describes and provides rules of construction and
interpretation to facilitate the fair, predictable and uniform administration of the
UDC.
Section 1 of the UDC adopts a hearing examiner system which vests authority for
identified land use approvals with a hearing examiner pursuant to RCW36.70.970,
RCW 35.63.130 and RCW 58.170.330.
A hearing examiner is a person well-versed in procedural due process, land use
laws, and recent court decisions, and can reduce the County's potential liability
for improper public hearings and land use decisions.
A hearing examiner system provides for an efficient, impartial and knowledgeable
method of determining appeals of land use and other administrative decisions, and
project decisions on more complex land use matters.
That the hearing examiner system should be implemented because it intentionally
removes the BOCC from the decision and the appeal process for land use
decisions and makes those decisions inherently less political and controversial
because they are made by a neutral decision-maker.
It establishes the office of the hearing examiner and the office of the appellate
hearing examiner, and to specify the scope of the hearing examiner's and
appellate hearing examiner's authority and the legal effect of the decisions made
by both examiners.
It wishes to adopt procedures for appeal of Type II administrative decisions (i.e.,
as set forth in Section 8 of the UDC) to the hearing examiner.
73.
It chooses to adopt procedures for consolidated open record SEP A appeals and
open record pre-decision hearings before the hearing examiner for Type III
projects (i.e., as set forth in Section 8 of the UDC) with a closed record appeal to
the appellate hearing examiner.
74.
Section 2 of the UDC contains definitions of uses and terms intended to guide the
administration and interpretation of the UDc. The vast majority of these
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75.
76.
77.
78.
79.
definitions reflect the definitions found either in the Growth Management Act or
the glossary of this County's Comprehensive Plan.
Through the adoption of the UDC, the BOCC intends to signal its continuing
intention to provide for economic development consistent with the rural nature of
the County, and to provide for an affordable community while also seeking to
preserve the unique natural and built environment of the County.
Section 3 of the UDC provides for the establishment of all zoning districts within
the County. It is the general intent of Section 3 and the UDC in general to
stabilize and protect the uses permitted within the various zoning districts by
excluding mutually interfering uses, and to allow a maximum degree of latitude
with Section 3 to promote residential harmony and preserve the rural character
and environment of Jefferson County, while at the same time allowing profitable
business and development to contribute to the economy of the community.
Section 3 of the UDC divides allowable, conditional and prohibited uses into four
categories, as follows:
a. "Yes" uses that are allowed outright subject to the provisions of the UDC;
b. "D" or discretionary uses that apply to certain named and all unnamed
uses and which is a "classification" process only;
c. "C" or conditional uses that must meet special approval criteria, and which
are further divided into three separate subcategories:
i. "C(a) " or administrative conditional uses which are Type II
decisions made by the administrator without resort to an open-
record pre-decision public hearing;
"C(d)" or discretionary conditional uses which, at a minimum, are
Type II decisions made by the administrator but which may, at the
discretion of the administrator, be processed as full conditional
uses (i.e., Type III) requiring an open record pre-decision public
hearing; and
"C" or full conditional uses which are Type III decisions made by
the hearing examiner following an open record pre-decision public
hearing; and
"No" or prohibited uses that are not allowed in the prescribed district.
11.
111.
d.
The decision in the UDC to allow the Administrator to distinguish between "C(a)"
and "C(d)" applications serves only to eliminate, with respect to what are deemed
to be more minor applications, a public hearing with a hearing examiner BEFORE
any substantive decision on the land use application is made.
Nothing about the creation of a "C(a)" category and a "C(d)" category in UDC
Chapters 3 and 8 prevents a citizen who has 'standing' from appealing the
substantive decision made by the Administrator on the merits of the application.
This post-decision appeal would be held in front of a hearing examiner.
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80.
81.
82.
83.
Table 3-1 of Section 3 of the UDC deviates from the County's past Euclidean
zoning regime in the following significant respects:
a. Identification of major uses by category (i.e., residential, commercial,
industrial, etc.);
Allowance for "small scale recreation and tourist" uses, a new category of
uses, as specifically authorized by §36.70A.070 RCW and the Plan;
Redefinition of "mineral processing" (e.g., rock crushing or screening) and
"asphalt and concrete batch plants" as separate uses requiring issuance of a
conditional use permit in districts where allowed (including associated
public notice and hearing requirements).
Prohibition of new asphalt batch plants in rural residential districts;
Allowing duplexes in all rural residential districts subject to underlying
density requirements;
Allowing duplexes and multiple-family dwellings in Rural Village
Centers;
Allowing residential care facilities and assisted living facilities in all rural
residential districts subject to approval of a conditional use permit;
Provision for a range of new small scale recreation and tourist uses (i.e.,
subject to conditions and performance standards set forth in Section 4 of
the UDC), most of which are classified as discretionary conditional uses
("C (d)"), in conformity with direction contained in the Plan; and
in each category of uses, for example, residential, commercial, industrial,
institutional and small-scale recreational, recognizes that there will be
proposed in the future certain "unnamed" uses that although they do not
meet the definition of any use now named in Table 3-1, are worthy of
being encouraged and eventually permitted and thus should be reviewed
under the new standards of this UDC, although the authors of the UDC
could not foresee in the year 2000 such a use.
b.
c.
d.
e.
f.
g.
h.
1.
Section 3 of the UDC also contains provision intended to increase nuisance
protections for agricultural and forestry activities in the Rural Residential 1:10,
1:20, Rural Commercial and Rural Industrial designations.
Specifically, Section 3 of the UDC contains language modifying the "notice to
title" provisions contained in existing code for development adjacent to resource
lands and replaces it with a "disclosure statement" requirement common to all
permits issued within 500 feet of said lands.
Section 3 of the UDC adopts overlay districts for existing designations such as the
Airport Essential Public Facility District, Environmentally Sensitive Areas
(formerly known as "Critical Areas") and Mineral Lands, and for new areas (i.e.,
as directed by the Plan) including the West End Planning Area and Planned Rural
Residential Developments (i.e., PRRDs which operate to permit cluster
subdivision development).
10
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84.
85.
86.
87.
88.
Section 3 of the UDC includes a number of "placeholder" or "reserved" sections
to accommodate subsequent UDC amendments addressing Final Urban Growth
Area designations, adoption of Subarea Plans, and Major Industrial Developments
under RCW36.70A.365.
Section 3 of the UDC also establishes Special Use permit process for siting
Essential Public Facilities consistent with the Plan and the County-Wide Planning
Policy for Jefferson County.
Section 3 of the UDC incorporates procedural provisions addressing the potential
future designation and approval of new Master Planned Resorts (MPRs).
As noted in finding #83, above, Section 3 of the UDC treats "critical areas," now
renamed "environmentally sensitive areas" as an overlay district. The provisions
of the existing Critical Areas Ordinance (CAO) have been reviewed and modified
for consistency with the Plan and the requirements set forth in
RCW36.70A.060(2) for the following types of environmentally sensitive areas:
geologically hazardous areas; frequently flooded areas; critical aquifer recharge
areas; wetlands; and fish and wildlife habitat areas.
Significant modifications to existing (i.e., interim) regulations governing critical
areas include the following:
a. Incorporation of clearer provisions differentiating regulated and exempt
activities in environmentally sensitive areas (e.g., lawn maintenance,
access trails, on-going agricultural activities);
b.
Adoption of standard buffer widths for streams and wetlands based on best
available science and the elimination of the high/low intensity type land
use buffers previously adopted for wetlands and streams;
Inclusion of more restrictive standard fish and wildlife habitat buffer
widths (i.e., stream buffers) that range from 50 to 150 feet depending on
stream type, and which the BOCC specifically finds are based upon best
available science and in accordance with WAC 365-195-900;
Inclusion of more restrictive standard wetland buffer widths that range
from 25 to 150 feet depending upon the class of wetland, and which the
BOCC specifically finds are based upon best available science and in
accordance with WAC 365-195-900;
Increased buffer widths and new protection standards for activities in fish
and wildlife habitat areas (i.e., stream crossings, placement of utilities,
bank stabilization, etc.);
Inclusion of language requiring the preparation of a habitat management
plan to document the necessity and justification for any stream buffer
reduction when sensitive species are present; and
Adoption of new standards for wetland enhancement, mitigation and
compensation and the establishment of minimum setbacks necessary to
avoid the requirement to prepare wetland delineation report.
c.
d.
e.
f.
g.
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89.
90.
91.
92.
93.
94.
95.
That it received written reports from the County's Water Resource Specialist with
regard to the "best available science" relating to riparian buffers and with regard
to the "best available science" regarding sea water intrusion.
Regarding riparian buffers the report from the County's Water Resource
Specialist included his review of the scientific literature regarding buffers and
habitat preservation. This scientific literature, some 40-50 studies in all, was
critiqued according to criteria proposed by the Washington State Office of
Community Development (formerly known as DCTED) and a determination as to
what the 'best available science' is was made by the Water Resource Specialist.
That review included a review by the Water Resource Specialist of the synthesis
generated by the State Department of Fish and Wildlife entitled "Management
Recommendations for Washington's Priority Habitats: Riparian" from 1997.
That it read both of the reports supplied to it by its Water Resource Specialist and
considered same with respect to the language eventually adopted in Section 3 of
this UDC.
That the two reports of the Water Resource Specialist were discussed and
reviewed in public workshops of the BOCC.
The detailed sections on environmentally sensitive areas and the mitigations and
conditions imposed on development in such environmentally sensitive areas serve
to further and promote LNG 14.0 of the County's Comprehensive Plan, which
sets as a County goal the preservation of "the functions and values of critical
environmental areas."
Section 3 of the UDC includes Planned Rural Residential Development (PRRD)
provisions that implement the Plan directive to provide clustering provisions for
rural residential development and allow flexibility in applying density and
dimensional standards that support creative residential design opportunities in
rural areas.
That the UDC provides that applications for PRRDs would be made concurrent
with an application for land division, and upon approval, would function as
overlay district. The PRRD provisions contained in Section 3 set forth standards
governing the following:
a. Minimum and maximum required land areas for PRRDs, based upon the
land use district in which they are located;
The upper limit or "dwelling unit cap" restricting the total number of units
permitted in a PRRD;
Open space reserve tract requirements that range from 65 to 85 percent of
the site depending on land use district in which the PRRD is located; and
Provision for a discretionary density bonus allowance of up to 20%
density bonus for PRRDs that provide a demonstrated public benefit (e.g.,
b.
c.
d.
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96.
97.
98.
99.
100.
101.
endangered species habitat preservation, provision of affordable housing
for low-income residents, recreational access, etc.).
Inclusion in the UDC of language that permits PRRDs (also known as clustering)
as a form of rural residential land use promotes and furthers Land Use Goal
(LNG) 23.0 of the County's 1998 Comprehensive Plan and the related Land Use
Policies, LNP 23.1 to LNP 23.7.
The County's Comprehensive Plan, LNP 6.1.13, page 3-74 states that if there is
more favorable treatment in the Comprehensive Plan for the West End of the
County, then that difference arises from a decision to "provide employment
opportunities in a unique area that is isolated and distant from commercial and
urban growth areas. This region is characterized by high unemployment, a
distressed economy [and) low residential densities. . . "
That the policy laid out in the Comprehensive Plan at LNP 6.1.13 constitutes a
rational basis for treating certain uses in the west end of the county differently
from the same uses within the same zone in other areas of the county, and further
provides a rational basis for the establishment of the west end overlay district, as
set forth in Section 3 of the UDC.
Section 4 of the UDC establishes performance standards for development that
implement directives contained within the Plan to adopt regulations that: are
clear, understandable and predictable; preserve and protect rural character;
prohibit arbitrary and discriminatory actions; and preserve reasonable uses for
regulated properties.
Section 4 of the UDC establishes performance standards for almost 40 different
rural land uses and activities. Uses subject to performance standards will include:
accessory uses; asphalt and concrete batch plants; commercial uses; conversion of
forest land to non-forestry use; cottage industries; home occupations; residential
care facilities; bed and breakfast establishments; industrial uses; non-conforming
uses and structures; recreational developments; mineral extraction activities; small
scale tourist and recreational uses; temporary outdoor uses; and utilities.
Major areas of change from the previously applicable regulations include the
adoption of:
a. Provisions allowing small scale recreational and tourist uses in rural
residential areas subject to certain standards;
Performance standards for the more than 15 new uses now allowed in rural
residential lands to ensure that such new uses are in compliance with
RCW36.70A.070 and the Comprehensive Plan;
Maximum area limitations governing home occupations (i.e., up to
approx. 1,200 square feet) and cottage industries (i.e., up to 3,000 square
feet) and other provisions and standards necessary to ensure compliance
with the Plan;
b.
c.
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102.
103.
104.
d.
Increased size limitations governing accessory dwelling units (i.e., from
800 to 1,250 square feet) to promote more affordable housing
opportunities in the County in support of Land Use Goal 15.0 found in the
County's Comprehensive Plan;
Increased size limitations governing seasonal roadside stands (i.e., from
300 feet to 1,000 square feet) and standards to ensure the provision of
adequate access, parking and site design for such stands;
Permit process exemptions for state licensed home day care providers and
"no impact" home occupations;
Provisions allowing single-family homes and accessory dwelling units to
be rented as transient accommodations; and
Provisions regulating the storage of inoperable or unlicensed vehicles for
the first time in rural residential areas. Specifically, Section 4 of the UDC
would allow up to 12 unlicensed and inoperable vehicles to be stored on a
residential lot, except that the first two such vehicles are required to be
screened from view of neighboring dwellings or public rights-of-way if
located on a lot one-half acre or smaller in size. Storage of more than 12
such vehicles would qualify as a "junk yard" under the UDC and be
subject to standards applicable to such use.
e.
f.
g.
h.
Section 5 of the UDC is reserved for the future integration of a new or amended
version of the Jefferson County Shoreline Master Program (SMP). Until that
time, the BOCC intends that the Jefferson County Shoreline Master Program, as
currently adopted, remain in full effect.
Section 6 of the UDC contains development standards that apply to all uses in all
land use districts in the County, except as expressly provided otherwise within the
UDC. Development standards contained within Section 6 address bulk,
dimensional and density requirements, including setbacks, building height and lot
coverage ratios.
Section 6 also contains standards addressing grading and excavation, stormwater
management, water and septic systems, roads, parking, landscaping and
screening, signs, lighting, uses in critical aquifer recharge areas and noise
standards. Major areas of change from the previously applicable regulations
include the adoption of:
a. Stormwater management standards consistent with the County's existing
storm water management ordinance (and the Stormwater Management
Manual for the Puget Sound Basin);
The adoption of grading and excavation standards for new development
and the requirement to obtain a stormwater management "permit" for
certain clearing and grading activities;
New impervious surface coverage limitations:
i. For rural commercial and industrial districts, the maximum
coverage allowed would increase from 45% of the lot to 60%;
JEFFERSON COUNTY UNIFIED
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c.
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105.
106.
107.
108.
109.
d.
e.
f.
g.
h.
For rural residential districts the allowable coverage would be
reduced from 45% to 25%, except for lots less than 5 acres which
would retain 45% allowable impervious surface coverage (see
Table 6-1);
New subdivision development standards, including road standards;
Standards for the protection of archaeological and historic resources;
The codification of existing SEP A standards relating to noise;
Lighting standards intended to limit glare impacts;
Standards clarifying when landscaping and screening is required;
Provisions increasing the screening required for commercial, industrial,
small scale recreational and tourist uses and multifamily uses which locate
adjacent to a residential use or district;
Provisions allowing existing vegetation, screening, topography and
location of use to be taken into account determining compliance with the
landscaping and screening requirements; and
More restrictive provisions limiting new signs in rural residential districts
to 32 square feet (i.e., as opposed to 64 square feet), except for
institutional uses (i.e., churches or community signs) which may be as
large as 64 square feet in rural residential areas.
11.
1.
J.
k.
To implement the Plan, the GMA, RCW Chapter 36.70B et seq., also known as
the Local Project Review Act, RCW 58.17.010 et seq., it is necessary through this
UDC for the County to repeal its prior subdivision regulations and adopt new
subdivision regulations.
Section 7 of the UDC is intended to carry out the purposes as provided for within
that section, including the orderly subdivision and development of land within
Jefferson County and the adequate, timely and efficient provision of public
facilities and services (infrastructure) serving all properties within Jefferson
County.
Section 7 of the UDC reflects and contains the language of the state
"Subdivision" statute codified at RCW 58.17.010 et seq. and as such is in
compliance with that state statute.
Section 7 of the UDC sets forth clear procedures and requirements for the
subdivision of property, requiring such lots to conform with the Comprehensive
Plan, all applicable environmental and land use regulations, and to provide for
utilities and other public services necessary to serve the needs of the proposed
subdivision.
As authorized by RCW58.17.060, Section 7 of the UDC permits the
administrative review and summary approval of short subdivisions seeking review
and approval of four or fewer proposed lots, so long as the application meets all
the other requirements set forth in the UDe.
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110.
111.
112.
113.
114.
115.
116.
117.
118.
In order to implement policy direction in the Plan and to facilitate expeditious
review of development applications based upon predictable standards, Section 7
of the UDC allows expedited "Type II" review of applications proposing the
subdivision and development of four or fewer lots.
For applications seeking review and approval of five or more lots, and because of
the potential impacts of such development upon neighborhoods and the County as
a whole, Section 7 of the UDC requires public notice and hearings required
through full "Type III" subdivision review.
Section 7 of the UDC adopts or adopts and incorporates by reference development
standards which require that all applications comply with clear and predictable
transportation, drainage, health, fire and utility standards, intended to ensure that
adequate transportation and drainage facilities serve the division of land, to avoid
adverse impacts to the existing transportation system, and to ensure that
environmental quality and public safety needs are not adversely impacted.
Section 7 of the UDC also permits the administrative "Type I" review of minor
boundary line adjustments, exempting such applications from the requirements of
formal subdivision review, in accordance RCW 58.17.040(6), provided the
application meets all other requirements set forth in the UDC.
The boundary line adjustment process established in Section 7 of the UDC is also
intended to satisfy the requirements of the Survey Recording Act, Chapter 58.09
RCW and Chapter 332-130 WAC.
In accordance with RCW58.17.040(4) and (7), Section 7 of the UDC provides for
binding site plan approvals, providing an alternative means of dividing land and
exempting certain applications from formal subdivision approval upon
compliance with its provisions.
The Local Project Review Act requires local governments to amend their local
land use regulatory process to provide for regulatory reform through streamlining
and integrating local permit processing. Regulatory reform is further intended to
avoid conflict, overlap and duplication between various permit and review
processes, and to reduce the time and cost of local and state land use review
processes.
The Local Project Review Act requires that the County establish procedures to
integrate and implement the Growth Management Act through adoption of
development regulations that provide a process for reviewing the consistency of
project applications with the Plan.
The Local Project Review Act allows the County discretion and judgment in
adopting procedures for processing land development permit applications which
best fit local needs.
16
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119.
120.
121.
122.
123.
124.
The Local Project Review Act requires that the County establish a permit review
process which, among other things:
a. Provides for the integrated and consolidated review and decision on all
project permits relating to a proposed action;
Combines the environmental review process with the procedures for the
review of project permits;
Provides for no more than one open public record public hearing and one
closed record hearing on such permits;
Specifies the contents of a completed project permit application;
Establishes timelines for meeting the Act's requirements; and
Requires reasonable methods of notice to public and agencies with
jurisdiction of permit application and appeal processes.
b.
c.
d.
e.
f.
Through the adoption of the UDC and new and updated permitting processing
procedures contained in Section 8 of the UDC, the BOCC desires to provide
timely and predictable procedures for determining whether a completed project
permit application meets the requirements of the development regulations.
Section 8 of the UDC has been crafted to govern the review of all land use permit
applications. The BOCC specifically finds that this section of the UDC serves the
best interests of the community and conforms with the County's goals to create a
predictable and streamlined regulatory process, while continuing to acknowledge
the public's right to be notified of and comment on a proposed development.
The County has complied with the Local Project Review Act through adoption of
Section 8 of the UDC, which enacts a uniform land use permit application and
administration process providing greater predictability for applications, expanded
public notification, and expediting permit review. Section 8 of the UDC further
implements the Local Project Review Act by consolidating land use permit
application review with other permit review procedures.
Section 8 of the UDC is intended to repeal and replace the County's current land
development application process, to be consistent with the Local Project Review
Act, and to implement the County's Comprehensive Plan.
The 120-day timeline for making decisions on land development applications
established in RCW36.70B.090 RCW "sunsetted" on July 1, 2000, and the new
version of RCW36.70B.O80 RCW simply states that counties shall adopt a
timeline within which project permit applications will be processed.
125. Despite the lapse of §36.70B.090, it is the County's understanding that most
. GMA jurisdictions have retained the 120-day timeline, or have been advised that
they can adopt a longer timeline as long as it would be considered reasonable.
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126.
127.
128.
129.
130.
131.
The 120-day time line of prior law continues to be a reasonable time for
processing applications in Jefferson County, and strikes an appropriate balance
between the work demands on the limited number of planning staff available in
this rural community, and the needs of developers for timely and efficient permit
processing. The BOCC accordingly adopts a 120-day timeline subject to the
limitations and excluded times set forth in Section 8.4 of the UDC, and the 90-day
processing provisions of Chapter 58.17 RCW. The BOCC acknowledges that
applicants are entitled to prompt review of their applications and hereby states
that it is the express policy of this County that land use applications shall receive
a review and a statement of approval or disapproval within 120 days.
Section 36.70B.llO(1l) RCW requires that the County adopt procedures for
administrative interpretations of the County development regulations.
The County desires to establish criteria and procedures for the issuance of UDC
interpretations by the administrator. The County is given discretion in this regard
by the Local Project Review Act.
It desires to allow prospective buyers, owners or developers of land, to obtain
advance determinations of the site requirements and constraints for a specified
class of projects without applying for a "triggering" building or other
development permit, as a method for reducing the cost of development and to aid
in the facilitation of pre-development financing for applicants.
In furtherance of the prior finding, the BOCC intends that the site plan approval
advance determination be binding only upon submission of a complete application
for an advance determination as set forth in Section 8.7 of this UDC, and that:
a. Such approval be valid for three years only;
b. The project be "vested" only to the proposal submitted in the advance
determination application and only during the lifetime of the site plan
approval advance determination;
The approval does not guarantee the performance of specific site features
or improvements (e.g., wells, septic systems, storm water drainage
facilities, etc.);
Approval does not make the later project immune from changes in state or
federal laws; and
Approval of a site plan does not constitute authority to commence
development until all final authorizing permits are issued.
c.
d.
e.
Section 8.8 of the UDC describes and provides for the regulation and permitting
of uses described as "conditional" in all zoning districts. Section 8.8 establishes
permit application procedures and standards intended to ensure that conditional
uses may be permitted so long as they are compatible with the requirements of the
County's land use regulations and are compatible with the surrounding land uses
and structures.
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132.
133.
134.
135.
136.
137.
138.
139.
Section 8.8 provides a discretionary process for processing certain conditional
land uses as either a Type II or Type III project permit. Instead of listing all such
discretionary uses as Type III projects, this section is intended to simplify the
process by allowing straightforward conditional use permits to be processed as
Type II permits, while at the same time maintaining the flexibility to require the
additional process of a Type III permit if the administrator deems it necessary
under a particular set of facts. The criteria listed in the code are intended to
provide workable guidelines for typing such land uses and to apprise applicants of
the criteria that will be applied.
Section 8.9 describes and provides for regulation and permitting of variances from
the UDC's dimensional, area and bulk requirements (e.g., height, setbacks, yard
size, lot coverage, frontage, floor area and the like); variances form the use,
density, procedural, and administrative provisions of the UDC are specifically not
authorized. This Section 8.9 is intended to allow minor and major variances in
the limited circumstances where, due to unique site attributes and conditions
beyond the landowner's control, the development regulations may prohibit the
reasonable use and enjoyment of property.
The GMA requires that environmental review and the permit process be
integrated at the project level.
One of the purposes of the Local Project Review Act and statewide regulatory
reform efforts is to ensure that local jurisdictions planning under the GMA do not
duplicate requirements for environmental analysis and mitigation of
environmental impacts of a proposed project, which might exist in different land
use and environmental laws.
Under the Local Project Review Act, the County is required to identify early in
the process the existing environmental documents that evaluate the impacts of the
proposed project, and to use its supplemental authority under SEP A only to the
extent existing requirements do not adequately address specific probable
significant adverse environmental impacts.
Under the Local Project Review Act, project-level review is to be used to review
and document consistency between the proposed project and applicable
regulations and the comprehensive plan, and to provide prompt and coordinated
review of compliance with applicable environmental laws and plans, including
mitigation for site-specific impacts.
The County desires to update its SEP A ordinance and incorporate it within the
text of the UDC, consistent with the mandates of the GMA and the Local Project
Review Act.
Section 8.1.8(b) of the UDC makes all Type I permits which are categorically
exempt under SEP A also exempt from the Notice of Application and other
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140.
141.
142.
143.
144.
145.
146.
147.
specified requirements
RCW36.70B.140(2).
of Section
8,
the
authority
pursuant
to
of
All Type I permits listed in Table 8-2 of the UDC, even if not specifically listed in
RCW36.70B.140(2) RCW, are similar to those listed in the statute, making it
reasonable to apply the exemption to all Type I projects categorically exempt
under SEP A.
Section 197-11-908 WAC indicates that a county has the discretion to decide
whether certain SEP A categorical exemptions should apply in critical areas (i.e.,
now "environmentally sensitive areas") adopted under GMA.
In order to achieve its goal of avoiding redundant and costly environmental
review and to streamline the permit process and based on the recommendation of
the County Planning Staff, it finds that the categorical exemptions contained in
SEP A and identified in § 197-11-908 WAC should also apply in areas identified as
environmentally sensitive areas because of the minor nature of the exempted
activities, and because the conditions and mitigations imposed on development
within or upon environmentally sensitive areas by other provisions of the UDC
are adequate to protect the natural environment for SEP A exempt proposals.
In the event that county staff finds and reports that, in practice, the application of
all the SEP A categorical exemptions to environmentally sensitive areas does not
provide adequate environmental review and protection, the BOCC will re-visit
this issue.
In order to achieve its goal of avoiding redundant and costly environmental
review and to streamline the permit process and based on the recommendation of
the County Planning Staff, the BOCC finds that the flexible categorical exemption
level for grading and excavation activity should be raised from 100 cubic yards to
500 cubic yards, as authorized under RCW197-11-800 WAc.
It appears that RCW36.70B.110(1), as amended by Laws of 1997 c. 396 and c.
429 contains inconsistent language as to whether a threshold determination may
be combined with a notice of application, or can only be issued after the
expiration of the public comment period on a notice of application.
It is concerned that waiting to issue the threshold determination until after the
expiration of the comment period on the notice of application and then having a
second comment period adds to the significant time and additional publication
expense to permit processing.
It finds that the optional determination of non-significance (DNS) process set
forth in §197-11-355 WAC offers a solution to this dilemma, and strikes the
appropriate balance between efficient permit processing and allowing an
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148.
149.
150.
151.
152.
153.
154.
155.
opportunity for meaningful public comment on a pending threshold
determination.
Accordingly, Section 8.10 of the UDC adopts the optional DNS process as
authorized by the Washington Administrative Code, without a second comment
period. This Section 8.10 will mean that there will be a single time frame for
citizens to comment both on the initial threshold determination as required by
SEP A and the merits of the application itself.
Section 8.10 of the UDC also adopts and codifies SEP A policies as found in the
language of RCW43.21c.020 RCW, as substantive SEP A policies.
A single development, although otherwise consistent with the UDC, may create
excessive demands upon existing public facilities and/or impact health department
requirements.
Incremental development may create public safety and environmental concerns
related to stormwater control and potential flooding problems, and water quality
degradation, and it is the County's policy to manage such stormwater to improve
drainage, control stormwater quality and quantity, protect shel11fish beds, fish
habitat and other natural resources and to reduce non-point sources of pollution,
as further set forth in the Land Use & Rural Element of the Jefferson County
Comprehensive Plan.
Consideration of cumulative impacts, at least with respect to preserving rural
character, is stated as a policy of the County's Comprehensive Plan at LNP
22.4( d).
It finds that the analysis of cumulative effects should also include a reasonable
assessment of the demand upon present and planned public services and facilities
and/or natural systems of present, simultaneous and known future development in
the area of the project or action. Based on such analysis, where reasonably
necessary to mitigate direct adverse impacts of a proposed development, a project
may be conditioned to lessen such significant adverse environmental impacts, or
may be denied, under substantive authority granted to local governments under
SEP A.
The GMA (at RCW36.70A.130) requires counties to establish procedures for
amendments to comprehensive plans and to provide that comprehensive plans
generally may be amended or updated only once per year, except in emergency
situations, and to provide for, beginning in 2002, five year assessments no less
often than once per five years of the entire comprehensive plan and any related
development regulations.
As mandated by the GMA, that it desires to adopt procedures for the amendment
of the Jefferson County Comprehensive Plan and/or land use map no more
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156.
157.
158.
159.
160.
161.
162.
163.
frequently than once per year, and for assessments of the Plan by the Planning
Commission every five years.
It desires to adopt procedures to provide that proposals for Plan amendments be
considered concurrently so that the cumulative effect of all items on the final
docket can be ascertained.
It desires to adopt procedures to allow for early and continuous public
involvement with broad dissemination of proposals and alternatives that would
alter the Comprehensive Plan or the development regulations that implement that
Plan through effective notice, opportunity for comments and open discussion in
response to public comments.
It desires to update the existing provisions for amendments of the County's
zoning ordinance, and replace them with a new process to apply to amendment of
all development regulations.
It desires to update and standardize the enforcement and penalties provisions
which are, at present, spread throughout a number of existing land use codes, by
creating one uniform enforcement procedure to allow for easier and more
consistent implementation by County staff.
It desires to adopt a discretionary voluntary compliance process in order to
encourage voluntary resolution of most, if not all, enforcement problems.
It desires to make violations of land use ordinances primarily a civil action,
except for knowing or willful violations or failure to comply with a stop work
order or emergency order which may continue to be enforced as criminal
misdemeanors.
The UDC will provide for an established enforcement path that will be in place
and available to the County's planning staff before that staff learns of a potential
violation or violations. The enforcement path will include a notice of voluntary
correction, issuance of a stop work order if voluntary correction fails and if that
fails issuance of a final order. Resort to prosecution or other legal action by the
County's Prosecuting Attorney will only be a last resort.
Citizens of this County strongly stated their opposition to the original version of
Section 10 of the UDC because that draft Section appeared to violate the privacy
rights of a landowner as granted to that landowner by the federal and Washington
State Constitutions. The BOCC concurred that Section 10, as originally drafted,
was overly intrusive and provided County employees with excessive power to
investigate and enter upon privately-owned land.
164.
The version of Section 10 adopted as part of this Ordinance reflects the concerns
of the citizens and the BOCC, has been massively rewritten and reworked and, as
22
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165.
166.
167.
168.
168.
169.
170.
worded, now passes constitutional muster in that it properly protects the
"reasonable expectations of privacy" citizens are entitled to under federal and
state constitutions and law.
Section 10 of the UDC provides for the enforcement of the UDC in a fair,
predictable and uniform manner, with due protection provided for the
constitutional rights of property owners, while assuring neighborhood residents
and property owners that development or activities that violate the UDC or other
applicable environmental regulations will not be permitted.
Simultaneously with the finding directly above, Section 10 of the UDC also
establishes the enforcement standards and procedures by which the County can
reasonably be expected to enforce and uphold the provisions contained in the
UDC while respecting and ensuring the rights of individuals or entities who may
be subject to action under the UDc.
The substance and contents of this proposed UDC have been reviewed and
approved by the Office of the Prosecuting Attorney for Jefferson County.
All agencies, officers and personnel of this County whose job duties, statutorily-
imposed duties or job descriptions have been or would be impacted by the
regulations that are about to be adopted as this UDC have offered their opinion,
been given opportunity to comment and criticize draft sections of the UDC and
state that the UDC addresses and satisfies any concerns they may have had during
the process of generating, discussing, analyzing, reviewing and eventually
adopting this UDC.
The UDC is a Board-initiated official control, as that term of art is defined in the
1963 Planning Enabling Act.
Adoption of this Board-initiated official control has occurred in a manner that is
consistent with and complies with the Planning Enabling Act, as codified at RCW
36.70.010 et seq.
It is the legislature for the municipal corporation known as Jefferson County,
Washington State and as such it is authorized and mandated to enact and adopt
development regulations.
171. Based upon the foregoing findings, the BOCC finds that adoption of the UDC will
promote the public health, safety and general welfare of the citizens of Jefferson County
and should be approved as an official land use control for the County.
172. Six items of concern have been sent by the BOCC to the Department of
Community Development for further study and review with this further review and study
to be completed before March 31, 2001.
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173.
174.
175.
176.
The County Administrator has been directed by the BOCC to create a work
plan with the County's Department of Community Development to see that
the six items of concern are reviewed and studied. and that any reports,
comments or proposed revisions to the UDC regarding those six areas of
concern are 1) reviewed by the Planning Commission and 2) in the possession
of the BOCC prior to March 31, 2001.
The six areas of concern that will be the subject of future study and review
are:
a. Saltwater intrusion provisions;
b. UDC Section 4.35 relating to small-scale recreational and tourist uses in
rural residential regions of the County (and any related sections);
c. A study of building size, lot coverage limits and parking requirements in
rural commercial areas;
d. A reconsideration of what rules should apply to determine when and if a
pre-decision public hearing before a Hearing Examiner with respect to a
conditional use permit will be mandatory or, alternatively, held only at the
discretion of the UDC's Administrator;
e. A request by BOCC members Harpole and Huntingford for a consistency
analysis that matches a provision in the UDC to the policy, goal, narrative
or other portion of the County's Comprehensive Plan implemented or
furthered by that provision of the UDC; and
f. "best available science" as it relates to wetlands and riparian buffers.
That the adoption of the UDC as a final development regulation logically
requires that the older extant Ordinances and Resolutions it replaces must be
expressly repealed by the BOCc.
That the BOCC wishes to list item by item those Ordinances and Resolutions
which will be and are being repealed on this date as part of the adoption of the
UDC as a final development regulation.
NOW, THEREFORE, the Board of County Commissioners for Jefferson County,
Washington in regular session assembled does hereby ordain as follows:
Section 1: Adoption of UDc. Pursuant to the County's authority conferred by RCW
36.70, 36.70A, 36.70B, 43.21C, and 58.17, the BOCC hereby adopts the regulations
which are marked as EXHIBIT A, attached hereto and by this reference made a part
hereof, entitled, "Jefferson County Unified Development Code," as an official land use
control and comprehensive plan implementing regulation for Jefferson County,
Washington.
Section 2: Repealer. Ordinances and resolutions, as may previously have been
amended, which are outdated and in conflict with the Unified Development Code (UDC)
are hereby repealed. Exhibit "B" attached lists those Ordinances and Resolutions which
24
JEFFERSON COUNTY UNIFIED
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have been and are being repealed as of the date of the adoption of this Ordinance. Any
Ordinance of this County not listed within Exhibit "B" shall continue to be in full force
and effect after the enactment date of the UDC.
Section 3: Designation as Resource Lands to remain unchanged: This Ordinance
does not impact, alter, nullify or change the current designation of any parcel or parcels
in this County as resource land, for example, agricultural or forest lands or lands
designated with a mineral lands overlay, to the extent said designation as resource land
was in place on or before the date this Ordinance was adopted.
Section 4:
16, 2001.
Effective Date. This ordinance shall be in full force and effect on January
Section 5: Transmittal to OCD. The Clerk of the Board of County commissioners
shall transmit a copy of this ordinance to the Office of Community Development within
ten (10) days of adoption of this ordinance.
Section 6: Severability. In the event anyone or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provisions of this ordinance, but this ordinance shall be construed
and enforced as if such invalid provision had not been contained therein; PROVIDED,
that any provision which shall for any reason be held by reason of its extent to be invalid
shall be deemed to be in effect to the extent permitted by law.
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Adopted by the Board of Commissioners for Jefferson County, Washington, in regular
session, this 18th day of December, 2000.
BOARD OF COMMISSIONERS
J OUNTY, WASHINGTON
ATTEST:
APPROVED AS TO LEGAL FORM:
I 1«0/00
ty Prosecutor
-z.}Zb/ óD
uty Prosecuting Attorney
JEFFERSON COUNTY UNIFIED
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EXHIBIT "AfT
-
[gj~~~~W~[Q)
JAN 0 5 2001
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
UNIFIED DEVELOPMENT CODE
FOR
JEFFERSON COUNTY, WASHINGTON
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Adopted December 18, 2000
Effective Date: January 16, 2001
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UNIFIED DEVELOPMENT CODE
FOR
JEFFERSON COUNTY, WASHINGTON
TABLE OF CONTENTS
Section 1
Introductory Provisions
Section 2
Definitions
Section 3
Land Use Districts
Section 4
Performance and Use-Specific Standards
Shoreline Master Program (under separate cover)
Section 5
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Section 6
Development Standards
Section 7
Land Divisions
Section 8
Permit Application and Review Procedures/SEPA
Implementation
Section 9
Comprehensive Plan and GMA Implementing Regulations
Amendment Process
Section 10
Enforcement
APPENDICES
A
B
C
Jefferson County Building Code Provisions
Port Ludlow Master Planned Resort Code
Wireless Telecommunication Facilities Provisions
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SECTION 1
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Introductory Provisions
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SECTION 1 . INTRODUCTORY PROVISIONS
Section
Page
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Title.....................................................................................................................................................................1
Authority, Purpose, and Scope. .......................................................................................................................... 1
Code Administration .....................,...................................................................""""""""""""""""""""""""" 1
Establishment of Land Use Districts and Official Maps. .....................................................................................6
Applicability...................................................................................,..................................................................... 7
Minimum Standards............................................................................................................................................ 8
Title and Headings Not Law................................................................................................................................8
Severability Clause.............................................................................................................................................8
Waiver. ...........................,................................................................................................................................... 8
1.1
Title.
This document is the Jefferson County Unified
Development Code and may be cited as the "UDC" or
the "Code."
1.2 Authority, Purpose, and Scope.
1. Authority and Comprehensive Plan
Consistency. This Code is a principal tool for
implementing the goals and policies of the
Jefferson County Comprehensive Plan, pursuant
to the mandated provisions of the State of
Washington's Growth Management Act (Revised
Code of Washington (RCW) 36.70A), Shoreline
Management Act (RCW 90.58), Subdivisions
Code (RCW 58.17), State Environmental Policy
Act (RCW 43.21 C), and other applicable state
and local laws.
The land division provisions of this Code (Section
7) are intended to supplement and implement
RCW 58.17 as the Land Division Ordinance of
the County. If the provisions of this Code conflict
with any provision of RCW 58.17, the RCW shall
prevail.
No land shall be subdivided or developed for any
purpose which is not in conformance with the
Comprehensive Plan or applicable provisions of
this Code.
This Code is intended to be used as a single
integrated document. Each part contributes to a
unified regulatory system.
2. Purpose. The general purposes of this Unified
Development Code are:
a. To encourage land use decision-making in
accordance with the public interest,
protection of private property rights and the
public good, and applicable laws of the State
of Washington;
Unified Development Code
Section 1 . Introductory Provisions
b. To protect the general public health, safety,
and welfare and encourage orderly
economic development;
c. To implement the Jefferson County Compre-
hensive Plan goals and policies through
land-use and other regulations;
d. To provide for the economic, social, and
aesthetic advantages of orderly development
through harmonious groupings of compatible
and complementary land uses and the
application of appropriate development
standards;
e. To provide for adequate public facilities and
services in conjunction with development;
and
f. To promote general public safety by
regulating development of lands containing
physical hazards and to minimize the
adverse environmental impacts of
development.
3. Scope. Hereafter, no building, structure, or land
use activity shall be engaged, erected,
demolished, remodeled, reconstructed, altered,
enlarged, or relocated, and no building, structure
or premises shall be used in Jefferson County
except in compliance with the provisions of this
Code and then only after securing all required
permits and licenses. Any building, structure, or
use lawfully existing at the time of passage of this
Code, although not in compliance therewith, may
be maintained as provided in Section 4.261
Nonconforming Structures and Uses.
1.3 Code Administration
1. Purpose. The purpose of this Section 1.3 is to
provide an administrative land use regulatory
system that will best satisfy the following basic
needs:
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SECTION 1 . INTRODUCTORY PROVISIONS
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2.
a. To separate the County's land use regulatory
function from its land use planning function;
b. To ensure and expand the principles of
fairness and due process in public hearings;
and
c. To provide an efficient and effective land use
regulatory system which integrates the public
hearing and decision-making processes for
land use matters.
Department of Community Development.
a. Duties and Responsibilities. The duties
and responsibilities of the director shall be as
follows:
(1) Assist the Board of Commissioners in
their consideration of alternative future
directions and implementation of
policies for future development of the
County;
(2) Conduct research and prepare reports
to the Board of Commissioners,
Planning Commission and citizens
concerning the priority projects and
issues identified by the Board of
Commissioners;
(3) Assist development proponents to
achieve project goals in conformance
with applicable land use regulations
and in support of the Jefferson County
Comprehensive Plan and any other
applicable land use goals and policies;
(4) Coordinate project, program, contrac-
tual and planning activities with other
public agencies;
(5) Supervise enforcement of building,
land use, and related environmental
protection codes;
(6) Administer County land use and
environmental protection regulations,
the Shoreline Master Program and the
National Flood Hazard Insurance
Program;
(7) Serve as the County Building Official;
(8) Prepare budget recommendations and
monitor expenditures;
(9) Hire, train, supervise and assist the
building inspector and other staff
members assigned to planning and
building responsibilities;
(10) Assist in preparation of ordinances,
resolutions, contracts, agreements,
covenants and other legal documents
related to community development and
administration and enforcement of
county land use and environmental
protection ordinances;
1-2
(11) Seek grants and donations in support
of the priority planning projects
selected by the Board of
Commissioners;
(12) Prepare job descriptions, performance
appraisals, labor agreement addenda,
administrative procedures, etc., in
exercise of management and super-
visory responsibilities;
(13) Represent the County under the
direction of the Board of Commis-
sioners; and
(14) Such other duties as may be assigned
by the Board of Commissioners.
Jefferson County Planning Commission.
a. Duties and Responsibilities. The duties
and responsibilities of the Planning
Commission shall be as follows:
(1) The Planning Commission shall review
the Jefferson County Comprehensive
Plan and other planning documents to
determine if the County's plans, goals,
policies, land use ordinances and
regulations are promoting orderly and
coordinated development within the
county. The commission shall make
recommendations concerning this to
the Board of Commissioners.
(2) The Planning Commission shall review
land use ordinances and regulations of
the county and make recommen-
dations regarding them to the Board of
Commissioners.
The Planning Commission shall
recommend priorities for and review
studies of geographic sub-areas in the
county.
All other County boards, committees,
and commissions shall coordinate their
planning activities, as they relate to
land use or the Jefferson County
Comprehensive Plan, with the
Planning Commission.
The Planning Commission may hold
public hearings in the exercise of its
duties and responsibilities as it deems
necessary.
The Planning Commission shall have
such other duties and powers as
heretofore have been or hereafter may
be conferred upon the Commission by
county ordinances or as directed by
resolution of the Board of Commis-
sioners, the performance of such
duties and exercise of such authority
3.
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(3)
(4)
(5)
(6)
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Unified Development Code
Section 1 . Introductory Provisions
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SECTION 1 . INTRODUCTORY PROVISIONS
to be subject to the limitations
expressed in such enactments.
4. Jefferson County Department of Public
Works.
a. Duties and Responsibilities. The duties
and responsibilities of the Department of
Public Works in the Administration of this
UDC shall be as follows:
(1) The Jefferson County Department of
Public Works shall review develop-
ment proposals subject to this UDC
regarding adequacy of area circulation,
access, roads, drainage systems,
signs, and other areas of its jurisdiction
and forward its comments and recom-
mendations to the Department of
Community Development.
5. Jefferson County Department of Environ-
mental Health.
a. Duties and Responsibilities. The Jefferson
County Department of Environmental Health
shall review development proposals subject
to this UDC regarding the adequacy of
sewage disposal and water supply systems,
or other areas of its jurisdiction, and forward
comments and recommendations to the
Department of Community Development.
6. Jefferson County Hearing Examiner and
Appellate Hearing Examiner.
a. Offices Created.
(1) Pursuant to RCW 35.63.130 and RCW
36.70.970, the separate offices of the
Jefferson County Hearing Examiner
(Hearing Examiner) and the Jefferson
County Appellate Hearing Examiner
(Appellate Hearing Examiner) are
created and established.
(2) The Hearing Examiner and the
Appellate Hearing Examiner shall
exercise the authority designated in
Section 8 of this Code for the land use
matters set forth in Section 1.3.6,
below.
(3) Hearings held by the Hearing
Examiner or Appellate Hearing
Examiner shall constitute the hearings
required by state law for such land use
matters.
(4) Unless the context requires otherwise,
the terms "Hearing Examiner" and
"Appellate Hearing Examiner" used in
this Code shall include Hearing
Examiners and Appellate Hearing
Examiners pro tempore.
b. Appointment - Qualifications - Terms.
Unified Development Code
Section 1 . Introductory Provisions
c.
(1) The Jefferson County Board of Com-
missioners shall appoint the Hearing
Examiner and the Appellate Hearing
Examiner solely with regard to quail-
fications for the duties of such offices
and the persons so appointed shall
have such training or experience as
will qualify them to conduct admini-
strative or quasi-judicial hearings on
land use regulatory matters.
(2) The terms of appointment for the
Hearing Examiner and the Appellate
Hearing Examiner shall be pursuant to
their respective contracts executed
with the Board of Commissioners.
(3) The office of the Hearing Examiner
shall be under the administrative
supervision of the Hearing Examiner.
The office of the Appellate Hearing
Examiner shall be under the admini-
strative supervision of the Appellate
Hearing Examiner. Both offices shall
be separate and distinct from any
other County officer or department.
(4) The Hearing Examiner and the
Appellate Hearing Examiner shall hold
no other appointive or elective public
office or position in County govern-
ment except as provided in this
Section 1.3.
Appointment of Hearing Examiners Pro
Tempore. The Board of Commissioners may
appoint one (1) or more Hearing Examiners
pro tempore or Appellate Hearing Examiners
pro tempore to act in the absence of the
regular Hearing Examiner or regular
Appellate Hearing Examiner. Such appoint-
ment shall be from qualified applicants to be
recommended by the Hearing Examiner or
Appellate Hearing Examiner, as applicable.
Hearing Examiners and Appellate Hearing
Examiner pro tempore, when acting in such
capacity, shall have all powers and duties of
the Hearing Examiner or Appellate Hearing
Examiner as prescribed in this Code or
elsewhere.
Hearing Examiner and Appellate Hearing
Examiner - Conflict of Interest and
Freedom from Improper Influence.
(1) The Hearing Examiner and the
Appellate Hearing Examiner shall not
conduct or participate in any hearing or
decision in which the Hearing
Examiner or Appellate Hearing
Examiner has a direct or substantial
financial interest.
d.
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SECTION 1 . INTRODUCTORY PROVISIONS
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e.
(2) No member of the Board of
Commissioners, county official or any
other person shall attempt to influence
or in any way interfere with the
Examiner or Appellate Hearing
Examiner in the performance of their
designated duties.
Hearing Examiner and Appellate Hearing
Examiner - Powers.
(1) Hearing Examiner.. As more
specifically set forth in Section 8 of this
Code, the Hearing Examiner shall
have the authority to conduct open
record pre-decision and open record
appeal hearings and prepare a record
thereof, and enter written findings and
conclusions, and decisions for the
following land use matters:
i. Applications for reasonable eco-
nomic use variances;
Applications for planned rural
residential developments
(PRRDs);
iii. Applications for shoreline sub-
stantial development permits,
and conditional and variance
permits under the Jefferson
County Shoreline Master
Program;
iv. Applications for plat alterations
and vacations;
Applications
subdivisions;
vi. Applications for conditional use
permits;
vii. Applications for variances;
viii. Application for wireless tele-
communications facilities;
ix. Appeals of administrative deci-
sions releasing six-year Forest
Practices Act (FPA) moratoria;
Appeals of administrative
decisions regarding cottage
industries;
xi. Appeals of administrative short
subdivision decisions;
xii. Appeals of administrative bind-
ing site plan decisions;
xiii. Appeals of administrative con-
ditional use permit decisions;
xiv. Appeals of administrative vari-
ance decisions;
xv. Appeals of administrative deci-
sions regarding substantial
ii.
v.
for
long
x.
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(2)
development permits under the
Jefferson County Shoreline
Master Program;
xvi. Appeals of administrative deci-
sions regarding permits for
wireless telecommunications
facilities;
xvii. Appeals of formal Unified
Development Code interpreta-
tions made by the Administrator;
xviii. Appeals of SEPA threshold
determinations made by the
responsible official; and
xix. Any other matter designated by
this Code or other County
ordinance.
Appellate Hearing Examiner. As
more specifically set forth in Section 8
of this Code, the Appellate Hearing
Examiner shall have the authority to
conduct closed record appeal hearings
and prepare a record thereof, and
enter written findings and conclusions,
and decisions for the following land
use matters:
i. Appeals of decisions of the
Hearing Examiner regarding
reasonable economic use
variances;
Appeals of decisions of the
Hearing Examiner regarding
planned rural residential
developments (PRRDs);
Appeals of decisions of the
Hearing Examiner regarding
shoreline substantial develop-
ment permits, and conditional
and variance permits under the
Jefferson County Shoreline
Master Program;
Appeals of decisions of the
Hearing Examiner regarding plat
alterations and vacations;
Appeals of decisions of the
Hearing Examiner regarding
long subdivisions;
Appeals of decisions of the
Hearing Examiner for conditional
use permits;
Appeals of decisions of the
Hearing Examiner regarding
variances;
Appeals of decisions of the
Hearing Examiner regarding
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ii.
iii.
iv.
v.
vi.
vii.
viii.
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Unified Development Code
Section 1 . Introductory Provisions
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SECTION 1 . INTRODUCTORY PROVISIONS
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telecommunications
generated in whole or in
significant part by the proposed
development;
viii. Mitigation of any adverse
environmental impacts;
ix. Provisions that would bring the
proposal into compliance with a
policy(s) of the Comprehensive
Plan; and
Mitigating conditions authorized
by any other provision of this
Code or other provision of local,
state or federal law.
(4) Procedural Rules. The Hearing
Examiner. and the Appellate Hearing
Examiner shall have the power to
prescribe rules and regulations
concerning procedures for hearings
authorized herein, subject to con-
firmation by the Board of Commis-
sioners, to issue summons for and
compel the appearance of witnesses,
to administer oaths and to preserve
order. The privilege of cross-
examination of witnesses in open
record hearings shall be accorded all
interested parties or their counsel in
accordance with rules of the Hearing
Examiner.
Standards of Review.
(1) Hearing Examiner.
i. Matters in which the Hearing
Examiner is empowered to make
a final decision on a project
permit application (i.e., following
an open record pre-decision
hearing) or on an appeal of a
formal Unified Development
Code interpretation made by the
administrator (i.e., following an
open record appeal hearing),
shall be subject to a de novo
standard of review.
Matters in which the Hearing
Examiner is empowered to make
a final decision on an appeal of a
decision of the administrator on
a project permit application or on
an appeal of a decision of the
SEPA responsible official (i.e.,
following an open record appeal
hearing) shall be subject to a
clearly erroneous standard of
review.
(5) Appellate Hearing Examiner. Matters
in which the Appellate Hearing
(3)
wireless
facilities;
ix. Appeals of final administrative
decisions regarding enforcement
of this Code; and
Any other matter designated by
this Code or other county
ordinance.
Criteria for Review. Conditions of
Approval. As more specifically set forth
in Section 8 of this Code, the decisions
of the Hearing Examiner and Appellate
Hearing Examiner shall be based upon
the policies of the Jefferson County
Comprehensive Plan, the Shorelines
Management Act, the State Environ-
mental Policy Act, the standards set
forth in this Code and any other
applicable land use plans or
ordinances adopted by the Board of
Commissioners. The Hearing
Examiner and Appellate Hearing
Examiner are empowered to attach
reasonable conditions found neces-
sary to make a project compatible with
its environment and to carry out the
goals and policies of the Compre-
hensive Plan, the Shoreline Master
Program, or other applicable plan or
program adopted by the Board of
Commissioners. Such conditions may
include but are not limited to the
following:
i. Exact location and nature of
development, including addi-
tional building and parking area
setbacks, screenings in the form
of landscaped berms, land-
scaping, or fencing:
Impact of the development upon
other lands;
iii. Hours of use of operation or type
and intensity of activities;
iv. Sequence and scheduling of
development;
Maintenance of the develop-
ment;
vi. Duration of use and subsequent
removal of structures;
vii. Granting of easements for
utilities or other purposes and
dedication of land or other
provisions for public facilities, the
need for which the Hearing
Examiner or Appellate Hearing
Examiner finds would be
ii.
x.
x.
f.
ii.
v.
Unified Development Code
Section 1 -Introductory Provisions
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SECTION 1 . INTRODUCTORY PROVISIONS
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Examiner is empowered to make a
final decision on an appeal of a
decision of the Hearing Examiner on a
project permit application (Le.,
following a closed record appeal
hearing) shall be subject to the
following standards of review, as
applicable:
L The clearly erroneous standard
(Le., as articulated in decisions
of the courts of the State of
Washington) when the appeal
involves an alleged error in the
application of the law to the
facts; or
The erroneous interpretation of
the law standard (Le., as articu-
lated in decisions of the courts of
the State of Washington), when
involving an alleged error in the
interpretation of the law.
Establishment of land Use
Districts and Official Maps.
1. land-Use Districts. This Unified Development
Code applies to the land-use designations and
map symbols in Table 1-1, below, that are
established by the Jefferson County Compre-
hensive Plan and Official Maps.
Areas subject to subarea plans fall under the
guidelines of those particular regulations (see
Section 3.7). The boundaries of the various land-
use districts and subarea plans, are shown on
the Jefferson County Comprehensive Plan
Official Maps (see Section 1.4.2).
2. Official Maps. There is hereby made a part of
this Unified Development Code a series of maps
that shall be known officially as the "Jefferson
County Comprehensive Plan Official Maps,"
(hereafter, "the Official Maps"). The Official Maps
shall show all those areas of Jefferson County
that fall under the jurisdiction of this Code and the
designated land-use classes and districts for all
areas of Jefferson County. .
There shall be only one official copy of the
Official Maps, which shall reside in the custody of
the Jefferson County Department of Community
Development. Whenever any portion of the
Official Maps is legally amended, the official copy
shall be altered annually to reflect the
amendment.
At the time of adoption of this Unified
Development Code, one copy of the Official
Maps shall be filed with the Jefferson County
Auditor. In addition, at least once every twelve
months following the filing of the initial Official
Maps with the Auditor, the Community
ii.
1.4
1-6
Development Department shall make an
additional copy of the Official Maps and file it with
the initial Official Maps in the Auditor's office. If
the Official Maps have not been amended during
the twelve-month period, the Community Devel-
opment Department may file with the Auditor a
notice to that effect, signed by the Department
Director, in lieu of a copy of the Official Maps.
The purpose of these annual filings is to maintain
an official record of the changes occurring over
time to the land use classes and districts. At no
time shall the copies of the Official Maps filed
with the Auditor be altered in any way.
Where questions arise regarding the precise
boundaries of any. designated environment, the
Administrator shall make the final determination,
subject to the provisions of Section 8.6, Unified
Development Code Interpretations. Unofficial
copies of the Official Maps may be prepared for
administrative purposes and for sale to the
public.
Table 1-1. Comprehensive Plan
land Use District Designations.
Abbreviation land Use District
Future Urban Growth Areas [Reserved]
UGA Urban Growth Area
[Reserved]
......,;
Rural lands
Rural Commercial
RVC
CC
NVC
Rural Village Center
Convenience Crossroad
NeighborhoodNisitor
Crossroad
General Crossroad
GC
Rural Industrial
RI
LI/C
LI
HI
Resource Based Industrial
Light Industrial/Commercial
Light Industrial
Heavy Industrial
Rural Residential
RR 1:5
RR 1:10
RR 1 :20
Rural Residential 1:5
Rural Residential 1:1 0
Rural Residential 1 :20
Resource lands
AQricultural Resource Lands
AG-20 Commercial Agriculture
AG-5 Local Agriculture
Forest Resource Lands
CF-80 Commercial Forest
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Unified Development Code
Section 1 . Introductory Provisions
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SECTION 1 . INTRODUCTORY PROVISIONS
Table 1-1. Comprehensive Plan
land Use District Designations.
Abbreviation land Use District
RF-40 Rural Forest
IF Inholding Forest
Master Planned Resorts
MPR Port Ludlow Master Planned
Resort
Public
PPR
Parks, Preserves and
Recreation
Overlay Designations
ESA Environmentally Sensitive
Areas
Mineral Resource Lands
West End Planning Area
Airport Essential Public
Facility
MRL
WEPA
A
3.
land Use District Boundaries.
a. Land use district boundaries, unless
otherwise indicated by natural land forms,
shall follow lot lines or the centerline of
streets and alleys as shown on the Official
Maps. Where the street layout on the ground
varies from that shown on the Official Maps,
the districts shown on the Official Maps shall
be applied to the streets as actually laid out
so as to carry out the intent and purpose of
this Code.
b. Land use district boundary lines shall extend
parallel from their landward location to a
point of intersection at the center of all
bodies of water. Bodies of water include all
saltwater bodies, streams, and lakes.
Environmentally Sensitive Area Maps.
Environmentally Sensitive Area maps are
provided only as a general guide to alert the
viewer to the possible location and extent of
environmentally sensitive areas. The maps
should not be relied upon to establish the
existence or boundaries of a sensitive area nor to
establish whether all of the elements necessary
to identify an area as an environmentally
sensitive area actually exist. However, the maps
may be relied upon by the Administrator as a
basis for requiring field investigation and special
reports. In the event of a conflict between
information shown on the maps and information
shown as a result of field investigation, the latter
shall prevail. At the request of an applicant, the
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4.
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Unified Development Code
Section 1 . Introductory Provisions
Administrator will conduct a site visit before
requiring field investigations or special reports.
The definitions and classifications provided in this
Code are the controlling factors in determining
the actual presence and extent of an Environ-
mentally Sensitive Area.
1.5 Applicability.
1. General. This Code provides land-use
regulations that apply to all land and land-use
activity and to all structures and facilities within
Jefferson County. The provisions of this Code
shall prevail over any conflicting provision of the
Jefferson County Comprehensive Plan, except as
provided in Section 1.5.3., below.
2. Water and Sewer. All development shall comply
with the Jefferson County water and sewage
disposal regulations and requirements of Section
6 for water and sewer and JCC Title 8.15,
administered by the Environmental Health
Division of the Jefferson County Health
Department.
3. Applicability of Shoreline Master Program.
The provisions of this Code augment those of the
Shoreline Master Program. All developments
within the jurisdiction of the Shoreline Master
Program must conform with its provisions. In the
event of any conflict between the Shoreline
Master Program and other provisions of this
Code, the more restrictive shall prevail.
4. Applicability of Permit Requirements. Any
permit or other approval required by this Code is
in addition to any shoreline permit required by the
Shoreline Master Program. Proposed uses or
development occurring wholly or partially within
the jurisdiction of the Shoreline Master Program
are subject to the permit requirements of the
SMP. .
5. Nonconforming Uses or Structures.
a. Existing nonconforming uses and structures
that are not under the jurisdiction of the
Shoreline Master Program shall be subject to
Section 4.26, Nonconforming Structures and
Uses, and Section 8 of this Code or such
provisions for nonconforming uses in a
subarea plan.
b. Existing nonconforming uses and structures
under the jurisdiction of the Shoreline Master
Program (SMP) shall be subject to the
requirements specified within the SMP. If the
SMP or subarea plan does not detail
requirements for nonconforming uses and
structures, then the provisions of WAC 173-
27-080 shall control.
6. Building Code. Where conflicts occur between
the provisions of this Code and the Uniform
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SECTION 1 . INTRODUCTORY PROVISIONS
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Building Code, the more restrictive provision shall
control.
7. Subarea Plans. Where conflicts occur between
this Code and any regulation of any subarea
plan, the regulation of the subarea plan shall
control.
1.6
Minimum Standards.
Where this Code references the Uniform Building
Code, the intent is to require only the minimum stan-
dards for new construction allowed under state law
unless such standards conflict with other provisions of
this Code, Ordinance No. 03-0713-98, Building Code
Provisions (contained in the Appendix) of this Code,
or Title 15 of the Jefferson County Code.
1.7 Title and Headings Not Law.
The title, section and subsection headings as used in
this Unified Development Code do not constitute
regulation.
1.8 Severability Clause.
If any provision of this Code or its application to any
person, legal entity, or circumstances is held to be
invalid, the remainder of this Code and the application
of the remaining provisions to other persons or
circumstance shall not be affected.
1.9 Waiver.
A waiver or failure to enforce any part of this Code or
any goal or policy in the Comprehensive Plan by
Jefferson County or any of its agents shall not con-
stitute a waiver of any other part of the Code or
Comprehensive Plan, nor shall such a waiver or
failure to enforce constitute a future or continuing
waiver of the specific part that was waived or not
enforced.
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Unified Development Code
Section 1 . Introductory Provisions
"'"
SECTION 2
Definitions
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SECTION 2 . DEFINITIONS
Section
Page
2.1
2.2
2.3
Scope. ..................................................,....""""""",,"""""""""""""""""""""""""""""""""""""""""""'" 1
Interpretations........................................""""""""""""""""""""""""""".................,..................................... 1
Defli,itions............................................""""""""",,""""""""""""""""""""""""""""""""""""""""""""... 1
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Scope.
This section contains definitions of technical and
procedural terms used throughout this Code.
2.2 Interpretations.
1. For the purpose of this Code, all words shall have
their normal and customary meanings, unless
specifically defined otherwise in this Section 2. In
general, words used in the present tense shall
include the future; the singular shall include the
plural; and the plural the singular. The words
"shall," "must," "will," "may not," and "no ... may"
are always mandatory. The word "should"
indicates that which is recommended but not
required. The word "may" indicates a use of
discretion in making a decision. The word "used"
includes "designed, intended, or arranged" to be
used. The masculine gender includes the
feminine and vice versa. References to "distance"
means distance as measured horizontally unless
otherwise specified.
2. All definitions which reference the Revised Code
of Washington (RCW) , Washington Admini-
strative Code (VVAC), and Uniform Building Code
(UBC) are intended to mirror the definitions in
these codes at the effective date of the Unified
Development Code (this Code) or as amended. If
the definition in this Code conflicts with a
definition under state law or regulation, the state
definition shall control over this definition.
3. These definitions are not intended to establish
regulations.
2.3 Definitions.
Abutting .
Adjoining with a common boundary line or any portion
thereof.
Abandon
To terminate the use of a structure by an affirmative
act, such as changing to a new use; or to cease,
terminate, or vacate a use or structure through
nonaction. Except for ongoing agricultural activities,
there shall be a presumption that a use has been
abandoned if it is not undertaken, utilized,
implemented or performed for a period of two years.
Accessory Dwelling Unit .
An additional dwelling unit either in or added to an
existing single-family detached dwelling, or in a
2.1
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Unified Development Code
Section 2 . Definitions
separate accessory structure on the same lot as the
main dwelling, for use as a complete, independent
living facility with provisions within the accessory
dwelling unit for cooking, eating, sanitation and
sleeping. Such a dwelling shall be considered an
accessory use to the main dwelling and be clearly
subordinate to the main dwelling.
Accessory Use
Use of land or of a building or portion thereof
incidental and subordinate to the principal use or
building and located on the same lot with the principal
use.
Accumulative Short Subdivision
Multiple short subdivision of contiguous land under
common ownership. Ownership for purposes of
Section 7 of this Code means ownership as
established at the date of the initial short subdivision
approval. Ownership by persons related by blood or
marriage where an inter-family land conveyance has
occurred within two (2) years of making application for
short subdivision approval shall be construed to be
common ownership.
Acre
A unit of measure of land area which consists of
43,560 square feet.
Adequate
Acceptable but not excessive.
Adequate Capacity (Adequate Capital or Public
Facilities)
Capital facilities and services that have the capacity
available to serve development at the time of
occupancy or use without decreasing levels of service
(LOS) below the standards set forth in the
Comprehensive Plan. "Adequate capacity" also
includes a financial commitment that is in place to
complete the improvements, or non-capital strategies,
necessary to provide a specific level of service within
six years. (See also "Available Capacity,"
"Concurrency," "Levels of Service")
Adjacent
Adjacent shall mean (in addition to abutting) that
which is near or close; for example, an industrial
district across the road or highway from a commercial
district shall be considered as "adjacent."
2-1
SECTION 2 . DEFINITIONS
-.../
Adjacent lands, Shoreline
Lands adjacent to the shorelines of the state (outside
of shoreline jurisdiction). See RCW 90.58.340.
Administrator
The Jefferson County Department of Community
Development Director or a designated representative.
Adverse
Contrary to one's interest or welfare; harmful or
unfavorable circumstances.
Adverse Impacts
A condition that creates, imposes, aggravates, or
leads to inadequate, impractical, unsafe, or unhealthy
conditions on a site proposed for development or on
off-site property or facilities or on wildlife or wildlife
habitat.
Affordable Housing
Those housing units available for purchase or rent to
individuals or families with a gross income between
the federally recognized poverty level and the median
income for working families in Jefferson County; and
whose costs, including utilities, would not exceed 36%
of gross income
Aggrieved Party
A party of record who can demonstrate the following:
a. The land use decision will prejudice the
person;
b. The asserted interests are among those the
county is required by county code, federal or
state law or regulation to consider in making
a land use decision; and
c. A decision on appeal in favor of the person
would substantially eliminate or redress the
prejudice alleged to be caused by the land
use decision.
Agriculture
The science, art, and business of producing crops, or
raising livestock; farming.
Agricultural Activities
Land preparation for agricultural purposes, such as
clearing, grading, contouring, ditching, fencing,
plowing, tilling, planting, cultivating, fertilizing, weed
pest and disease control, spraying, pruning, trimming,
harvesting, processing, packing, sales, and
construction of farm and stock ponds, irrigation
ditches and systems; livestock management, such as
breeding, birthing, feeding and care of animals, birds,
honey bees, and fish; the repair maintenance and
incidental construction of equipment, structures, or
machinery used to perform agricultural or husbandry
operations; and the storage of agricultural products
and machinery.
Agricultural Resource lands
Lands that are primarily devoted to the commercial
production of horticultural, viticultural, floricultural,
2-2
dairy, apiary, vegetable, or animal products or of
berries, grain, hay, straw, turf, seed, livestock, or
Christmas trees not subject to the excise tax imposed
by RCW 84.33.100-.140, and have long-term
commercial significance for agricultural production
(RCW 36.70A030(2». Agricultural Resource Lands is
also a land-use designation (AG) in the
Comprehensive Plan.
Agricultural land of local Significance
Land in addition to designated Class I or Class"
farmlands that is of local importance for the
production of food, fiber, forage or oilseed crops.
Generally, additional farmlands of local importance
include those that are nearly prime farmland and that
economically produce high yields of crops when
treated or managed according to acceptable farming
methods. Such farmland may include areas of
commercial aquaculture.
Agriculture, Existing and Ongoing
Any agricultural activity conducted on lands defined in
RCW 84.34.020(2); agricultural use ceases when the
area on which it is conducted is converted to a non-
agricultural use.
Agricultural Processing, Heavy
Facilities and uses associated with high-intensity
agricultural activities such as grain elevators,
commercial slaughterhouses, rendering plants or
other similar uses.
Airport
An area of land or facility publicly owned and open to
general public use for aircraft operations, except any
airfield or airstrip as defined herein. An airport may
include related services and facilities.
Airport District
An overlay district which governs use of land
adjoining an airport and protects public safety in the
area.
Airstrip
A privately owned area of land, closed to the public,
and restricted to use by the owner primarily for non-
commercial aircraft operations and, on an occasional
basis, invited guests of the owner or for emergency
purposes.
Allowable Uses
Land uses and activities allowed subject to the
provisions of this Unified Development Code.
Allowed Outright, Use ("Yes" Use)
Uses allowed outright (Le., without an accompanying
land use permit) as identified in Table 3-1 of this
Code, provided all provisions and standards of t~is
Code have been satisfied in a manner consistent with
the provisions of Section 8 of this Code. Such uses
may still be subject to applicable performance or
development standards, or other development permits
(e.g., septic, stormwater management, building, etc.)
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
,...
required by applicable sections of this Code or the
Uniform Building Code, as adopted and amended by
Jefferson County.
Alteration, Nonconforming Structures
Any change or rearrangement in the supporting
members of existing buildings, such as bearing walls,
columns, beams, girders, or interior partitions, as well
as any changes in doors, windows, means of egress
or ingress or any enlargement to or diminution of a
building or structure, horizontally or vertically, or the
moving of a building from one location to another.
This definition excludes normal repair and
maintenance, such as painting or roof replacement,
but includes more substantial changes.
Alteration, Nonconforming Use
The expansion, modification or intensification of a use
that does not conform to the land-use regulations of
the UDC.
Animal Shelter (Kennel)
Any premises, except where accessory to an
agricultural use, where five (5) or more adult domestic
animals such as dogs and cats are boarded, bred or
trained. A kennel shall not be interpreted to include a
pet shop or pet grooming shop
Appeal
A request by an applicant or citizen that a decision
made pursuant to this UDC be reviewed for its
correctness and legality by another person, agency or
court of law having jurisdiction to hear such an
appeal.
Appeal, Closed-Record
(See Closed Record Hearing).
Appeal, Open-Record
(See Open Record Hearing).
Applicant
The owner or owners of record of the property subject
to a project permit application under this Code, or
authorized representative thereof.
Application
The forms, plans and accompanying documents
required for any project permit approval under this
Code.
Approach, Transitional, Horizontal, and Conical
Surfaces
Imaginary surfaces relating to an airport or airfield
runway as defined in Federal Aviation Regulation,
Part 77, "Objects Affecting Navigable Airspace" as
amended, and as shown on the Approach and Clear
Zone Plan for an airport or airfield.
Approach, Transitional, Horizontal, and Conical
Zones
The zones which apply to the ground areas
immediately under a runway approach; transitional,
,...
Unified Development Code
Section 2 . Definitions
horizontal, and conical surface as projected along a
vertical axis.
Approving Authority
Either the Administrator, as defined in this UDC, the
Jefferson County Hearing Examiner or the Jefferson
County Board of Commissioners, depending on the
type of permit process or decision specified in the
applicable portion of this UDC.
Aquaculture
The science or art of cultivating fish, shellfish, or other
aquatic animals or plants.
Aquifer
A body of permeable saturated rock material or soil
capable of conducting ground water. .
Aquifer Recharge Areas
Lands through which precipitation and surface water
infiltrate the soil and are transmitted through rocks
and soil to create ground water storage.
Archaeological
Having to do with the scientific study of material
remains of past human life and activities.
Archaeological Site
An area of ancestral human use such as middens,
burial grounds, and earthworks.
Area
The size of a parcel of land, as expressed in square
feet or acres to two decimal places. When a public
road right-of-way lies within a tract of land otherwise
in contiguous ownership, area within the right-of-way
may be included in gross area for the purpose of
calculating maximum allowable density. When public
road right-of-way abuts a tract of land, area to the
centerline may not be included in the gross area of
the parcel for this purpose.
Area, Nominal
The approximate area of a parcel of land, such as the
aliquot part or the land area in the Assessor's records.
Area of Special Flood Hazard .
The land in the flood plain within a community subject
to a one percent or greater chance of flooding in any
given year, as indicated on the flood insurance rate
maps (FIRMs).
Assembly Facility
A facility designed and used for the gathering of
people, or in which they may come together in a body,
such as a meeting hall, community club or center,
church, etc. (See also "Community Structure" and
"Religious Assembly Facility")
Assessor's Parcel Number
A geocoding number assigned by the Assessor's
office for property tax assessment purposes only.
2-3
SECTION 2 . DEFINITIONS
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Automobile Service Station and Repair
Any building, land area, or other premises used for
the retail dispensing or sales of vehicular fuels and
the servicing or repair of automobiles.
Automobile Wrecking and Salvage Yards
An outdoor area used for the wrecking, storage, and
recycling/salvage of vehicles for scrap metal and/or
parts. (See "Junk Yard")
Available Capital Facilities (Available Capacity)
Capital facilities or services that are in place ("existing
capacity"), or for which a financial commitment is in
place to provide the facilities or services within a
specified time ("planned capacity"). "Available
capacity" consists of existing plus planned capacity.
(See also "Adequate Capacity", "Concurrency",
and "Levels of Service".)
Average Vehicular Trips
The average number of all vehicles entering or
leaving a site during a defined period.
Base Flood
The flood having a one percent chance of being
equaled or exceeded in any given year; also known
as the "100-year flood", as shown on the FIRM maps.
Base Flood Elevation
The elevation for which there is a one percent chance
in any given year that flood levels will equal or exceed
it.
Bed and Breakfast Inn
A hospitality commercial use containing four to six
lodging units without cooking facilities, which provides
overnight accommodation and meals in a proprietor-
or owner-occupied existing single-family residence
and additional legal structures or up to ten lodging
units in an existing historic structure.
Bed and Breakfast Residence
A hospitality commercial use containing one to three
lodging units without cooking facilities, which provides
overnight accommodation and meals in an owner-
occupied existing single-family residence.
Best Available Science
With regard to designating and protecting
environmentally sensitive areas, best available
science refers to the utilization of the most current,
widely-accepted scientific data, research, studies
and/or reports in making land use and policy
decisions (See WAC 365-195-900).
Best Management Practices (BMP)
Systems of practices, schedules of activities,
prohibitions, maintenance procedures, and
management measures that prevent or minimize
adverse impacts to the environment.
Binding Site Plan
A drawing to appropriate scale that:
2-4
a.
Identifies and shows the areas and locations
of all roads, improvements, utilities, open
space, and any other matters specified by
local regulations;
Contains inscriptions or attachments setting
forth such appropriate limitations and
conditions for the use of the land as are
established by Jefferson County; and
Contains provisions requiring that any
development be in conformity with the site
plan.
b.
c.
Block
A group of lots, tracts or parcels within well-defined
and fixed boundaries.
Board (BOCC)
The Jefferson County Board of Commissioners.
Boat Building and Repair, Commercial
A commercial establishment where boats are
constructed, dismantled, stored, serviced, or repaired,
including maintenance work thereon.
Boundary Line Adjustment
The relocation or other adjustment of the boundaries
of a lot, tract or parcel, in which the relocation neither
results in the creation of any additional lot, tract or
parcel nor results in creation of any lot, tract or parcel
which is more non-conforming or insufficient in area
or dimension.
Buffer Zone, Strip, or Area
An area designed to separate incompatible uses or
activities.
Buildable Lot
(See "Lot, Buildable")
Building Envelope
1) A three-dimensional space in which a building or
structure may be built. 2) A plat restriction for the
purpose of defining building coverage areas for
individual lot, or for describing shoreline building
setbacks. 3) The buildable area of a lot, tract or parcel
after applicable setbacks, easements and other
restrictions on the lot, tract or parcel are taken into
account.
Bulk Fuel Storage Facilities
An area where flammable or combustible liquids are
received by tank vessel, pipelines, tank car, or tank
vehicle and are stored or blended in bulk for the
purpose of distributing such liquids by tank vessel,
pipeline, tank car, tank vehicle, portable tank, or
container (cf. Uniform Building Code).
Ciampground and Camping Facilities
A facility in which sites are offered for persons using
tents or other personal, portable overnight shelters.
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
-
Capital Facilities
Physical structures or facilities owned or operated by
a government entity which provides or supports a
public service.
Capital Improvements
Improvements to land, structures, initial furnishings,
and selected equipment.
Caretaker Residence
A residence located on a premises with a main
nonresidential use and occupied only by a caretaker,
and his/her immediate family, or guard employed on
the premises.
CC&Rs
Covenants, conditions and restrictions by which the
declarant or other party or parties executing the
CC&Rs impose contractual obligations upon the
present and future owners and assignees of real
property. CC&Rs are connected with land or other
real property, and run with the land, so that the
grantee of such land is invested with and bound by
the CC&Rs. CC&Rs include but are not limited to
"declarations" for condominiums in accordance with
Chapter 64.32 and 64.34 RCW. CC&Rs are not
enforced by the county.
Certificate of Occupancy or Use
A document issued by the Jefferson County Building
Official as the final approval acknowledging that all
conditions and requirements have been met and that
the occupancy or use of a development is allowed.
Clearing
Clearing means the destruction or removal, by hand
or with mechanical means, of vegetative ground cover
or trees including, but not limited to, root material or
topsoil material.
Cluster Development
A development design technique that groups or
"clusters" buildings in specific areas on a site rather
than spread evenly throughout the parcel as in a
conventional lot-by-Iot development. The remaining
land is to remain undeveloped in perpetuity and used
for recreation, common open space, and/or
preservation of environmentally sensitive areas.
Co-Housing (Intentional Communities)
Single family residential developments, subject to the
underlying land use district density, which may
contain lots or structures in common ownership
subject to meeting all other applicable provisions of
this UDC and if approved under the requirements of
Section 3.6.13 Planned Rural Residential
Development (PRRD), where applicable.
Commercial Recreational Facility
A place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a
business and open to the public for a fee.
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Unifred Development Code
Section 2 . Definitions
Commercial Use
A business use or activity at a scale greater than a
home business or cottage industry involving retail or
wholesale marketing of goods and services.
Examples of commercial uses include offices and
retail shops.
Commercial Sign
Any object, device, display or structure that is used for
attracting attention to any commercial use, product,
service, or activity.
Common Area
Any area contained within the boundaries of a
proposed land division or within a multi-family
residential development and owned by the lot owners
as tenants-in-common, joint tenancy, or through an
association or hOn-profit association, and provided
specifically for the common use of the residents.
Common Open Space
A parcel or parcels of land or an area of water or a
combination of land and water within the site
designated for a subdivision and designed and
intended for the use or enjoyment of the public.
Common open space may contain such
complementary structures and improvements as are
necessary and appropriate for the benefit and
enjoyment of the residents of the subdivision.
Commercial Communication Towers
Towers, dishes, or antennas established for the
sending or receiving of signals for commercial
purposes.
Community Structure
A structure which is intended for the common use of
the residents of a particular subdivision or community.
Compatible
Uses or activities capable of existing together or in the
vicinity of one another without disharmony or without
generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding
property.
Comprehensive Plan
The Jefferson County Comprehensive Plan and all of
its goals, objectives, policies, documents, and maps
which is a generalized coordinated land use policy
statement of the Jefferson County Board of
Commissioners, adopted pursuant to Chapter 36.70A
RCW.
Concurrency
A condition in which an adequate capacity of capital
and transportation facilities and services is available
to support development at the time that the impacts of
development occur. (See also "Adequate Capacity,"
"Available Capacity", and "levels of Service".)
2-5
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SECTION 2 . DEFINITIONS
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Conditional Use
A use that, owing to some special characteristics
attendant to its operation or installation (e.g. potential
danger, traffic, smoke or noise impact), is permitted in
a district, subject to approval and special
requirements, different from those usual requirements
for the district in which the conditional use may be
located.
Conditional Use Permit
A permit issued by Jefferson County stating that the
land uses and activities meet all criteria set forth in
this code, and all conditions of approval in
accordance with the procedural requirements of this
Code.
Condominium
Real property, portions of which are designed for
separate ownership and the remainder of which is
designated for common ownership solely by owners
of those portions. Real property is not a condominium
unless the undivided interests in the common
elements are vested in unit owners, and unless a
declaration and a survey map and plans have been
recorded in accordance with Chapter 64.32 and 64.34
RCW. Condominiums are not confined to residential
units, such as apartments, but also include offices
and other types of space in commercial buildings.
Construction/Contractor Yards and Offices
Service establishments primarily engaged in general
contracting or subcontracting in the building
construction trades. These include administrative
offices, workshops and the indoor or outdoor storage
of tools, equipment, materials, and vehicles.
Contract Purchaser
(See "Applicant")
Convenience Store
Any retail establishment offering for sale prepackaged
food products, household items, and other goods
commonly associated with the same and having a
gross floor area of less than five-thousand (5,000)
square feet.
Cottage Industry
A commercial or manufacturing activity conducted in
whole or in part in either the resident's single-family
dwelling unit or in an accessory building, but is of a
scale larger than a home occupatiion or home
business. A cottage industry is a limited, small-scale
commercial or industrial activity, including fabrication,
with limited retail sales, that can be conducted without
substantial adverse impact on the residential
character in the vicinity.
County
Jefferson County, Washington, its Board, com-
missions, and departments.
2-6
Critical Habitat
An area or type of environment that may be of crucial
importance to the perpetuation of an organism or
biological population which normally lives or occurs
there.
Critical Aquifer Recharge Areas
Selected watersheds and critical aquifers where
resources are potentially threatened by salt water
intrusion or primary contaminants or limited due to
poor recharge.
Cul-de-sac
A road closed at one end by an area of sufficient size
for turning vehicles around.
Current Use
The use of land or improvements at the time of permit
application.
Day Care, Commercial. A person or agency that
provides care for 13 or more children during part of
the twenty-four-hour day (RCW 74.15.020).
Home Day Care Provider. A state licensed day care
provider who regularly provides day care for not more
than twelve children in the provider's home in the
family living quarters (RCW 74.15.020).
Child Day Care Center. A person or agency
providing care during part of the twenty-four-hour day
to twelve or fewer children in a facility other than the
family abode of the person or persons under whose
direct care the children are placed (RCW 35.63.170).
Days, Calendar
So many days computed according to the course of
the calendar. In computing comment and appeal
periods under this Code, if the last day so computed
is a Saturday, Sunday or legal holiday, the comment
or appeal period shall run to the next business day.
DCD
The Jefferson County Department of Community
Development
Dedicate
To set aside a piece of real property, a structure, or a
facility for public or private use or ownership.
Dedication
A deliberate appropriation of land by its owners for
any general and public uses, reserving to the
owner/dedicator no other rights than such as are
compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
Degrade
To scale down in desirability or salability, to impair in
respect to some physical property or to reduce in
structure or function, in terms of Jefferson County
standards and environment.
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Unified Development Code
Section 2 . Definitions
-
SECTION 2 . DEFINITIONS
",....
Density
The quantity per unit area, such as the number of
dwelling units per acre.
Design Capacity
The theoretical or calculated maximum ability of a
system or device to handle the duty for which it is to
be used.
Developable Area
The area of land which is not constrained from
devalopment by land use restrictions.
Development
The division of a parcel into two or more parcels; the
construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure;
any grading, excavation, mining, landfill; or any
extension of the use of land.
Development Permit
Any permit issued by Jefferson County allowing the
physical alteration of real property including, but not
limited to, building construction, road construction,
grading, filling or excavating. Approval of a short
subdivision, long subdivision, or boundary line
adjustment is not considered a "development permit"
for the purposes of Section 7 of this Code.(See
"Project Permit")
Development Regulation or Regulations
The controls placed on development or land use
activities by Jefferson County, including, but not
limited to, this Unified Development Code (which
among other provisions includes zoning, planned rural
residential development (PRRD), subdivision, binding
site plan and environmentally sensitive areas
regulations), the Jefferson County Shoreline Master
Program, and any other official controls implementing
the Jefferson County Comprehensive Plan. A
development regulation does not include a decision to
approve a project permit application, as defined in
RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the
Jefferson County Board of Commissioners.
Development Right
The right to develop property subject to federal, state,
and local restrictions and regulations.
Director
Unless otherwise specified, the director of the
County's Department of Community Development
(DCD) or the director's designee.
Director of the Department of Public Works
The director of the Jefferson County Department of
Public Works or the director's designee.
Discretionary Use
All unnamed and certain named uses in Table 3-1 of
this Code which, subject to the administrative review
".....
Unified Development Code
Section 2 . Definitions
and classification criteria set out in Section 3 of this
Code, may be classified by the Administrator as an
allowed outright "Yes" use, a conditional "CO use or a
prohibited "No" use in the applicable district for which
the use is proposed.
District
A part, zone, or geographic area within Jefferson
County within which certain development regulations
apply.
Division of Land
The creation of any new lot or lots for the purpose of
sale, lease, or transfer of ownership, whether such
lot(s), tract(s) or parcel(s) is created by short
subdivision or long subdivision.
Drainage
Surface water runoff; the removal of surface water or
groundwater from land by drains, grading, or other
means, which include runoff controls to minimize
erosion and sedimentation during and after
construction or development.
Drainageway
Any natural or artificial watercourse, trench, ditch,
swale, or similar depression into which surface water
flows.
Dredging
The removal of earth from the bottom of a stream,
river, lake, bay, or other water body.
Drinking Establishment (Lounge)
A business primarily engaged in the retail sale of
alcoholic beverages for consumption on the premises.
A restaurant operated as part of a lounge is
considered to be accessory to the lounge.
Drive-Thru Window Service
Businesses where patrons may carry on business on
the premises while in a motor vehicle.
Driveway
A strip of land which provides vehicular access to one
or two lots.
Duplex
(See "Dwelling Unit, Two-family")
Dwelling Unit
One or more rooms or structures designed for
occupancy by an individual or family for living and
sleeping purposes, containing kitchen facilities and
rooms with internal accessibility, for use solely by the
dwelling's occupants.
Dwelling Unit, Multiple-family
One or more structures containing three or more
dwelling units.
Dwelling Unit, Two-Family (Duplex)
A single structure containing two dwelling units.
2-7
SECTION 2 . DEFINITIONS
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Eating Establishment (Restaurant)
A business primarily engaged in the retail sale of food
for consumption on the premises. A lounge operated
as part of a restaurant is considered to be accessory
to the restaurant.
Ecology (WDOE)
The State of Washington Department of Ecology.
Endangered Species
A species which is in danger of extinction throughout
all or a significant portion of its range, as classified by
the Washington Department of Fish and Wildlife,
WAC 232-120-14 and the Washington Department of
Natural Resources, Washington Natural Heritage
Plan.
Environmental Checklist
A form prescribed by the Administrator and the State
of Washington to identify the potential environmental
impacts of a given proposal.
Environmental Impact Statement (EIS)
A draft, final, or supplemental written document that
reviews the likely significant and nonsignificant
adverse and positive impacts of a proposal, ways to
avoid, minimize or lessen the adverse impacts, and
alternatives to the proposal.
Environmentally Sensitive Areas (ESA)
Geologically hazardous areas, frequently flooded
areas, critical aquifer recharge areas, wetlands, and
fish and wildlife habitat areas, all as defined and
regulated in Section 3 of this Code.
Equestrian Center
Uncovered and covered facilities for commercial
boarding, training, teaching, breeding and rental of
horses including facilities for shows and competitive
events, and riding trails. This shall not include stables
used solely for the private personal use of the
property owner or stables used solely for boarding or
breeding of horses.
Erosion
The detachment and movement of soil or rock by
water, wind, ice, or gravity.
ErosIon Hazard Areas
Areas characterized by soils identified in the USDA
Jefferson County Soil Survey as havin~ severe water
erosion hazards.
Essential Public Facilities
Those important and necessary facilities which
provide essential services that are typically difficult to
site, such as airports, state educational facilities, state
or regional transportation facilities, state and local
correctional facilities, solid waste-handling facilities,
and in-patient facilities including substance-abuse
facilities, mental health facilities, and group homes
(RCW 36.70A.200). They do not necessarily include
all public facilities or services; they may be, but are
2-8
not necessarily, publicly owned. Essential public
facilities in Jefferson County include: airports, large
scale transportation facilities, solid waste handling
and disposal facilities, correctional facilities, in-patient
treatment facilities including substance-abuse
facilities, and mental health facilities, state-owned
educational facilities, and wastewater treatment
plants.
Excavation
The mechanical removal of earth.
Exemption (Exception)
Reserved
Existing Use
The use of a lot or structure or improvements at the
time of the enactment of the Unified Development
Code (this Code).
Expansion, Non-Conforming Use
(See Intensification, Non-Conforming Use)
Extraction
The commercial removal of naturally occurring
materials from the earth, excluding water.
Facility and Service Provider
The department, district, agency or private entity
responsible for providing a specific concurrency
facility.
Family
An individual or two or more persons related by blood
or marriage or a group of not more than five (5)
persons (excluding servants) living together as a
single housekeeping unit and doing their cooking on
the premises as distinguished from a group occupying
a boarding house or rooming house or motel.
Feasible Alternative
An alternative that:
a. Meets the requirements of federal, state, and
local laws and regulations;
b. Attains most or all of the basic objectives of
the project;
c. Is technically and technologically possible;
d. Can be accomplished at a reasonable cost;
e. Can be accomplished in a reasonable
amount of time; and
f. Adverse environmental, health, and safety
effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is
made by the decision-making body on a case-by-case
basis, taking into account the:
1) Probable intensity, severity, and cumulative
impacts of the original proposal and
alternative approaches, and opportunity for
the avoidance or reduction in the number,
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
intensity, or severity of significant impacts, or
of the aggregate adverse impact;
2) Risk of .upset conditions" (i.e., the risk that
the control and mitigation measures will fail,
be overwhelmed, or exceed allowed limits),
and the potential severity of the impact
should control or mitigation measures be
ineffective or fail;
3) Capital and operating costs;
4) Period of time to accomplish, costs of
additional time or delay, and time constraints
for completion; and
5) Location and site-specific factors, such as
seasonal or topographic constraints,
environmentally sensitive areas and habitats,
site accessibility, and local community
concerns.
Federal Candidate Species
Formally proposed endangered or threatened species
and candidate species for which the U.S. Fish and
Wildlife Service has information to indicate biological
vulnerability and threat.
Federal Endangered Species
Species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
Federal Sensitive Species
Species that are considered a sensitive species by
the U.S. Fish and Wildlife Service.
Federal Threatened Species
Species likely to become endangered within the
foreseeable future according to the U.S. Fish and
Wildlife Service official listing.
Feed Lots (Stockyards)
A commercial lot, yard, corral or other area in which
livestock are confined primarily for the purpose of
feeding and growth prior to slaughter. The term does
not apply to areas which are used for raising crops or
other vegetation or to areas in which livestock are
allowed to graze in the normal and accustomed
manner associated with rural agricultural practices.
Filing
(See "Recording")
Fill
Any sand, gravel, earth, or other materials of any
composition whatsoever placed or deposited by
humans.
Final Plat
The final drawing of the subdivision and dedication
prepared for filing for record with the county auditor
and containing all elements and requirements set
forth in Section 7 of this Code, and all other applicable
codes and ordinances.
Unified Development Code
Section 2 . Definitions
Flood Insurance Rate Map (FIRM)
The official map issued by the Federal Emergency
Management Agency that delineates both the special
hazard areas and the risk premium zones applicable
to Jefferson County.
Flood or Flooding
The temporary inundation of normally dry land areas
from the overflow of inland or tidal waters or from the
unusual and rapid accumulation or runoff of surface
waters.
Forest Management
Forest practices pertaining to protecting, producing,
and harvesting timber for economic use.
Forest Practice
Any activity conducted on or directly pertaining to
forest land and relating to growing or harvesting of
timber, or the processing of timber on a harvest site
for less than thirty (30) days per calendar year,
including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; pre-
commercial thinning; reforestation; fertilization;
prevention and suppression of diseases and insects;
salvage of trees; and brush control.
Forest Practice, Conversion
The conversion of land to an active use incompatible
with timber growing and where future non-forest uses
will be located on currently forested land.
Forest Practice, Conversion Option Harvest Plan
(COHP)
A voluntary plan developed by the landowner and
approved by the County that indicates the limits and
types of harvest areas, road locations, and open
space. This jointly agreed plan is submitted to the
Washington Department of Natural Resources
(WDNR) as part of a Class II, III, or IV Special forest
practice permit application, and is attached to and
becomes part of the conditions of the permit approved
by the WDNR.
Forest Resource Lands
Lands primarily devoted to growing trees for long-term
commercial production on land that can be
economically and practically managed for such
production. (RCW 36.70A.030(8» .
Frequently Flooded Areas
Lands subject to a one percent or greater chance of
flooding in any given year.
Geologically Hazardous Areas
Areas that because of their susceptibility to erosion,
sliding, earthquake, or other geological events are not
suited to the siting of commercial, residential, or
industrial development consistent with public health or
safety concerns.
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SECTION 2 . DEFINITIONS
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Grade, Average level
The average of the natural or existing topography of
the lot, parcel or tract of real property which will be
directly under the center of all exterior walls of a
proposed building or structure.
Grade, Existing
The elevation of the ground or site prior to any work
being done or any changes being made to the ground
or site; With respect to a building or structure, grade is
the lowest point of elevation of the finished surface of
the ground, paving, or sidewalk, within the area
between the building and the property line or, when
the property line is more than five feet from the
building, between the building and a line five feet from
the building.
Grade, Finished
The final elevation of the ground level after
development.
Grading
Stripping, cutting, filling, or stock-piling land including
the land in its cut or filled condition to create new
grade.
"Grandfathered" Uses and Structures
(See "Nonconforming," "Nonconforming lot,"
"Nonconforming Structure," "Nonconforming
Use", "Alteration, Nonconforming Structures,"
and "Alteration, Nonconforming Use")
Grocery Store
A commercial establishment selling primarily
packaged food products typically in combination with
household products and sundries.
Gross Area
The total area included within the boundaries of any
parcel including land area up to any abutting public
road right-of-way.
Group Home
A residential occupancy that exceeds the definition of
"family' in a single-family residence.
Group Housing
A residential dwelling that exceeds the definition of a
single-family residence and which is not a multi-family
dwelling.
Growth Management Act (GMA)
The State of Washington Growth Management Act,
RCW 36.70A, as amended.
Habitat
The place or type of site where a plant or animal
naturally or normally lives and grows.
Hangars
Covered areas and enclosed structures for housing
and repairing aircraft.
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Hazardous Substance
Any liquid, solid, gas, sludge, including any material,
substance, product, commodity, or waste, regardless
of quantity, which exhibits any of the characteristics or
criteria of hazardous waste as described in rules
adopted under RCW 70.105.
Hazardous Waste
Those solid wastes designated by 40 CFR Part 261,
and regulated as hazardous waste by the United
States EPA. Any discarded, useless, unwanted, or
abandoned radioactive or non radioactive substances,
including but not limited to certain pesticides, or any
residues or containers of such substances which are
disposed of in such quantity or concentration as to
pose a substantial hazard to human health, wildlife, or
the environment because such wastes or constituents
or combinations of such wastes:
. Have short-lived toxic properties that may
cause death, injury, or illness or have
mutagenic, teratogenic, or carcinogenic
properties; or
. Are corrosive, explosive, flammable, or may
generate pressure through decomposition or
other means; or
. Will persist in a hazardous form for several
years or more at a disposal site and which in
its persistent form; or
. Presents a significant environmental hazard
and may be concentrated by living
organisms through a food chain or may
affect the genetic make-up of man or wildlife;
and
. Is highly toxic to man or wildlife.
Heavy Equipment Sales or Rental Services
The use of any space, whether inside or outside a
building, for the sale, rental and display of
construction or other heavy equipment, machinery or
vehicles or parts thereof.
Height of Building
The vertical distance above a reference datum
measured to the highest point of the coping of a flat
roof, to the deck line of a mansard roof, or to the
average height of the highest gable of a pitched or hip
roof. The reference datum shall be selected by either
of the following, whichever yields a greater height of
building:
a. The elevation of the highest adjoining
sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the
building when such sidewalk or ground
surface is not more than ten feet above
lowest grade; or
b. An elevation ten feet higher than the lowest
grade when the sidewalk or ground surface
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Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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described in Item a., above, is more than ten
feet above lowest grade.
The height of a stepped or terraced building is the
maximum height of any segment of the building (cf.
Uniform Building Code).
Historic Site, Structure or Landmark
A site, structure or building of outstanding
archaeological, historical or cultural significance. This
is shown by its designation as such by the National or
Washington State Register of Historic Places,
designation as an Historic Landmark, or any such
structure or feature for which the State Historic
Preservation Officer has made a Determination of
Significance pursuant to Section 106 of the National
Historic Preservation Act.
Home Business
Home-based businesses are secondary and
incidental to the primary residential use of the
structure, provide supplemental income for a family,
consist of limited-scale service or fabrication, and
limited retail sales.
Homeowners Association
An incorporated nonprofit organization operating
under recorded land agreements, including but not
limited to CC&Rs, through which:
a. Each lot owner is automatically a member;
b. Each lot is automatically subject to a
proportionate share of the expenses for the
organization's activities, such as maintaining
commonly owner property; and
c. A charge, if unpaid, becomes a lien against
the real property.
Hotel (or Lodge)
A commercial building in which lodging is provided
and offered to the public for compensation, and which
is open to transient guests, and is not a motel or bed
and breakfast inn as otherwise defined in this Code.
Household
One or more related or unrelated persons occupying
a dwelling unit.
Illegal Use
Any use of land or a structure which is inconsistent
with current codes or was inconsistent with previous
codes in effect when the use or structure was
established. An illegal use is different than a
"nonconforming use" (See a/so Nonconforming).
Impervious Surface
A surface area that creates a barrier to the entry of
water into the soil in comparison with natural
conditions prior to development, or that causes water
to run off the surface in greater quantities or at an
increased rate of flow in comparison with the flow
prior to development. Common impervious surfaces
include roofs, driveways, patios, packed earth, and
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Unified Development Code
Secüon 2 . Definitions
oiled surfaces; however, open, uncovered
retention/detention facilities are not considered as
impervious surfaces.
Improvements
The facilities and infrastructure of a land
development, including but not limited to the roads,
sidewalks, street lights, stormwater facilities, sewage
disposal facilities, domestic water facilities, and other
utilities and facilities required by Section 7 of this
Code to be constructed in conjunction with any
particular land division, as approved by the necessary
county departments.
Incidental
Subordinate to, minor in significance, and bearing a
reasonable relationship with the primary use.
Incompatible
Uses and activities that are not compatible (See
"Compatible")
Individual Water System (Residential)
A water system serving a single-family residence and
no more than one accesory dwelling unit.
Indoor Entertainment or Recreational Facilities
Places designed and equipped for the conduct of
sports and leisure-time activities, including but not
limited to, physical fitness clubs, bowling alleys,
theatres, playhouses, and billiard rooms.
Industrial Use, Heavy or Resource-Based
A use engaged in the basic processing and
manufacturing of materials or products predominately
from extracted or raw materials or natural resources;
a use engaged in storage of, or manufacturing
processes using flammable, hazardous or explosive
materials; or manufacturing processes that potentially
involve hazardous or commonly recognized adverse
conditions.
Infrastructure
Existing installed facilities and services including
capital facilities such as water supply, sewage
disposal, and storm drainage systems, and
transportation facilities such as public roads.
Inoperable (or Unlicensed) Vehicle
Any motor vehicle (excluding farm machinery or
implements), trailer, or semitrailer which is inoperable
and which, by virtue of its condition, cannot be
economically restored to operable condition; provided
that such vehicle, trailer, or semitrailer shall be
presumed to be an inoperable or unlicensed vehicle if
no license plates are displayed or if the license plates
displayed have been invalid for more than three (3)
years.
Institutional Facilities or Development
Structures and related activity areas used by
organizations providing educational, social, or non-
commercial recreational services to the community,
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SECTION 2 . DEFINITIONS
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including performance halls, government service
offices, facilities for assembly, colleges, primary and
secondary schools, museums, and libraries.
Instream Resources
Features, properties, or other beneficial assets which
exist within a stream corridor, such as fish and wildlife
habitat, recreation, and scenic beauty.
Intensification of Non-Conforming Use
Any increase in the quality or quantity of products,
goods, services or adverse impacts upon parcels
within the vicinity of the non-conforming use
produced, generated, served, created or performed at
the site of the legal non-conforming use by the owner
or occupant of that legal non-conforming use.
Intensive
Highly concentrated, very large, or considerable, in
terms of Jefferson County standards and
environment.
Inter vivos
A transfer or conveyance of property during the life of
the owner, as distinguished from testamentary
transfers where the property passes at death.
Junk Yard
A primary or accessory use of structures or land for
storage, recycling, dismantling or selling of cast-off,
unused, scrap, or salvage material of any sort.
Kitchen
A room used for cooking or preparing food.
Land Division
(See "Division of Land")
Landslide Hazard Areas
Areas potentially subject to risk of mass movement
due to a combination of geologic, topographic, and
hydrologic factors. .
Landward
To or toward the land.
Land Use Decision
A final determination by the county's hearing body or
officer with the highest level of authority to make the
determination, including those with authority to hear
appeals, on:
a. An application for a project permit or other
governmental approval required by law
before real property may be improved,
developed, modified, sold, transferred, or
used, but excluding applications for permits
or approvals to use, vacate, or transfer
streets, parks, and similar types of public
property; excluding applications for
legislative approvals such as area-wide
rezones and annexations; and excluding
applications for business licenses;
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b. An interpretative or declaratory decision
regarding the application to a specific
property of zoning or other ordinances or
rules regulating the improvement,
development, modification, maintenance, or
use of real property; and
c. The enforcement by the county of
regulations governing the improvement,
development, modification, maintenance, or
use of real property. However, when the
county is required by law to enforce the
regulations in a court of limited jurisdiction, a
petition may not be brought under this
chapter.
Level of Service (LOS)
The number of units of capacity per unit of demand
(e.g., trips, population, schooi-age residents) or other
appropriate measure of need sufficient to meet the
standards for adequate service set forth in the
Comprehensive Plan. (See also "Adequate
Capacity," "Available Capacity," and
"Concurrency.")
Light Industrial
A use involving 1) basic processing and
manufacturing of materials or products predominantly
from previously prepared materials or 2) finished
products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage,
sales, and distribution of such products, but excluding
basic processing of raw materials except food
products.
Livestock
Domestic animals such as cattle, bison, sheep, goats,
swine, horses, mules, llamas, ostriches and poultry
raised for home use or profit.
Logging
Activities related to and conducted for purposes of
harvesting or processing timber.
Long-Term Commercial Significance
Lands with the growing capacity, productivity, soil
composition, and economic viability for long-term
agricultural, mineral or silvicultural production.
Lot
A designated tract, parcel or area of land established
by plat, subdivision, or as otherwise permitted by law,
to be separately owned, and utilized.
Lot, Buildable
A lot of sufficient size and location to:
a. Comply with all the standards and
requirements of this Code, with the
exception of the density provisions contained
herein; and
b. Support an on-site wastewater disposal (Le.,
septic) system or connect to a public
sewerage system and support an individual
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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water system (Le., well) or connect to a
community water system that is consistent
with the policies, standards and
requirements of the Jefferson County Health
Department and the Washington State
Department of Health as they now exist or
may hereafter be amended, and any other
applicable policies, standards or regulations
of the Washington State Department of
Ecology.
As an aid to developers, the county notes that a lot of
two (2) acres in size or greater will typically be
adequate to meet the health standards referenced
above. Given suitable soil conditions and alternative
treatment methods, it may be possible for an area
smaller than two (2) acres in size to meet health
standards. However, for purposes of septic system
approval, an area smaller than twelve thousand five
hundred (12,500) square feet shall not be recognized
as a buildable lot unless a waiver is authorized
pursuant to Chapter 8.15 JCC. With the exception of
the 12,500 square foot minimum permissible land
area referenced above, the dimensional numbers
cited above should be viewed only as a general guide
and shall not be construed as binding upon the county
in any specific fact scenario.
This definition is intended to apply only to lots of
record as defined herein. With the exception of the
density provisions contained in Section 6 of this Code,
nothing in this definition shall be construed to excuse
compliance with any other provisions of this Code or
any provision of local, state or federal law, including,
but not limited to: the environmentally sensitive area
overlay districts set forth in Section 3.6.4 et seq.; the
use, setback, height and impervious surface limita-
tions of Sections 3, 4, and 6 of this Code; and any
requirements imposed under the authority of the State
Environmental Policy Act (SEPA), Chapter 43.21 C
RCW; or any other applicable regulations governing
the provision of infrastructure.
Lot, Corner
A lot situated at the intersection of two roads, by
which the interior angle does not exceed
135 degrees.
Lot, Frontage
The boundary of a lot that is along an existing or
dedicated public road, or where no public road exists,
along a private road, easement or access way. On an
interior lot, it is the lot line abutting a road; or, on a
pipestem (Le., flag) lot it is the interior lot line most
parallel to the nearest road from which access is
obtained.
Lot, Pipestem
A lot not meeting minimum frontage requirements and
where access to the public road is by a narrow private
right-of-way or driveway. The term is synonymous
with "flag lot."
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Uniñed Development Code
Section 2 . Definitions
Lot, Substandard
A lot or parcel of land that has less than the required
minimum area or width as established by the land use
district in which it is located and provided that such lot
or parcel was of record as a legally created lot on the
effective date of the Jefferson County Unified
Development Code. A substandard lot is a legal lot of
record. "Substandard" should not be equated with
unbuildable (See Lot, Buildable).
Lot, Through
A lot that has both ends fronting on a road or street;
both ends shall be deemed front.
Lot Coverage
The surface area of a lot or lots within a single
development which is occupied by buildings,
excluding roof overhangs and covered porches not
used for sales, storage, or service.
Lot of Record
An undeveloped lot, tract or parcel of land shown on
an officially recorded short plat or long plat or a parcel
of land officially recorded or registered as a unit of
property and described by platted lot number or by
metes and bounds and lawfully established for
conveyancing purposes on the date of recording of
the instrument first referencing the lot The term "lot of
record" does not imply that the lot was created in
conformity with the legal regulatory requirements for
subdivision of property in accordance with Chapters
58.16 or 58.17 RCW or Section 7 of this Code.
Lumber Mill, Portable
Portable equipment to mill, split, or otherwise process
forest products.
Lumber Mill, Stationary
A permanently located facility or equipment used to
process forest products.
Maintenance Agreement
A written agreement between parties to physically
maintain a facility for common use in a manner which
conforms to standards of adequacy specified in such
an agreement.
Manufacturing
The mechanical or chemical transformation of
materials or substances into new products, including
the assembling of component parts, the creation of
products, and the blending of materials, such as
lubricating oils, plastics, resins, or liquors.
Manufactured Housing (also Mobile Home)
A factory-built, single-family structure that is
manufactured under the authority of 42 U.S.C. Sec.
5401, the National Manufactured Home Construction
and Safety Standards Act, is transportable in one or
more sections, is built on a permanent chassis, and is
used as a place of human habitation; but which is not
Constructed with a permanent hitch or other device
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SECTION 2 . DEFINITIONS
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allowing transport of the unit other than for the
purpose of delivery to a permanent site, and which
does not have wheels or axles permanently attached
to its body or frame.
Market Value
The most probable price which a property should
bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller,
each acting prudently, knowledgeably and assuming
the price is not affected by undue stimulus.
Master Planned Resort
A self-contained and fully integrated planned unit
development in a setting of significant natural
amenities, with primary focus on destination resort
facilities consisting of short-term visitor accom-
modations associated with a range of on-site indoor
or outdoor recreational facilities. (cf. RCW
36.70A.360)
Material Change
A measurable change that has significance for
existing or proposed development or for the existing
environment.
Meander Line
A line along a body of water intended to be used
solely as a reference for surveying.
Mine Hazard
An area of potential danger to persons or property
due to past or present mineral extraction operations.
Mineral Extraction
The removal of naturally occurring materials from the
earth for economic use. Extraction materials include
nonmetallic minerals such as sand, gravel, clay, coal,
and various types of stone. This shall not include the
following:
a. Excavation and grading at building
construction sites where such construction is
authorized by a valid building permit; or
b. Excavation and grading in public rights-of-
way for the purpose of on-site road
construction, or in private rights-of-way for
the same purpose if authorized by the
County; or
c. Excavation and grading for the purpose of
developing ponds or manure lagoons tor
agricultural purposes; or
d. Excavation and grading in connection with
and at the site of any creek, river, or flood-
control or storm drainage channel for the
purpose of enlarging hydraullic capacity or
changing the location or constructing a new
channel or storm drain where such work has
been approved by the County;
e. Excavation and grading where the excavated
material will be used on the same property or
2-14
on property contiguous to and under the
same ownership as the excavation.
Mineral Processing
Activities accessory to mineral extraction that include
material washing, sorting, crushing or more intensive
modification or alteration through mechanical or
chemical means to a mineral resource after it has
been removed from the earth. This does not include
asphalt or concrete batch plants.
Mineral Resource lands
Land primarily devoted to the extraction of minerals or
lands that have a known or potential long-term
commercial significance for the extraction of minerals.
Mini Storage
A structure or structures containing separate,
individual, and private storage spaces leased or
rented individually for varying periods of time.
Mitigation
Measures prescribed and implemented to avoid,
minimize, lessen, or compensate for adverse impacts.
Mobile Home
(See "Manufactured Housing")
Mobile Home Park
A development with two or more improved pads or
spaces with required improvements and utilities
designed to accommodate mobile homes, according
to RCW 59.20.030(4).
Motel
A commercial building or group of buildings in which
lodging is provided to transient guests, offered to the
public for compensation, and in which access to and
from each room or unit is through an exterior door.
Motor Home
A motor vehicle originally designed, reconstructed, or
permanently altered to provide facilities for human
habitation, which include lodging, cooking, and
sewage disposal, and enclosed within a solid body
shell with the vehicle, but excluding a camper or
similar unit constructed separately and affixed to a
motor vehicle (RCW 46.04.305).
Multifamily Dwelling
(See Dwelling Unit, Multiple-Family)
National Pollutant Discharge Elimination System
(NPDES)
A joint federal and state permitting system for the
control, monitoring, and reduction of point-sources of
pollution, established under the Federal Water
Pollution Control Act (Clean Water Act)(Public Law
92-500).
National Register of Historic Places
The official federal list, established by the National
Historic Preservation Act, of sites, districts, buildings,
structures and objects significant in the nation's
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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history and prehistory, or whose artistic or
architectural value is unique.
Native Vegetation
Plant species that are indigenous to Jefferson County.
Natural or Existing Topography
The topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or
grading, including excavation or filling.
Noise
Any sound not occurring in the natural environment
which causes or tends to cause an adverse
psychological or physiological effect on humans. This
includes sounds arising from the amplification of
noises generated by expected or permitted uses of a
lot or structure.
Noise Exposure Forecast level
The level of predicted noise exposure or areas within
the vicinity of an airport due to aircraft operations at
some future date based on noise levels and duration
at the time of prediction.
Non-Consumptive Use
A use which does not permanently deplete, degrade,
or destroy the resource involved.
Nonconforming
A use, structure, site, or lot which conformed to the
applicable codes in effect on the date of its creation
but which no longer complies because of changes in
code requirements. Nonconformity is different than
and not to be confused with illegality (see "Illegal
Use"). Legal nonconforming lots, structures, and uses
are commonly referred to as "grandfathered."
Nonconforming Lot
A lot or record in existence prior to the effective date
of this Unified Development Code and any
amendments thereto, which does not meet the
minimum lot size and other requirements as set forth
in this Code.
Nonconforming Structure
A structure which does not conform to the
dimensional regulations, including but not limited to,
setback, height, lot coverage, density, and building
configuration regulations of the land-use district in
which it is located due to changes in code
requirements. (See a/so "Alteration, Nonconforming
Structures.")
Nonconforming Use
A use of a structure or of land which does not conform
to the regulations of the land-use district in which the
use exists due to changes in code requirements. (See
a/so "Alteration, Nonconforming Use.")
Nonpoint Source
The release of waste or other flows which occurs over
a broad or undefined area. Releases which can be
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Unified Development Code
Section 2 . Definitions
described as confined to a small area, such as
discharges from a pipe or conduit, are referred to as
"point-source discharges." (See a/so "Point-Source
Discharge.")
Nursery
Lands or greenhouses used to raise flowers, shrubs,
and plants for commercial purposes.
Nursing/Convalescent/Assisted Living Facility
A facility or residence that provides health or long-
term care services to residents, including nursing or
other supportive or restorative health services on a
twenty-four-hour basis (RCW 43.190.020).
Off-Street Parking
An area of land located outside of any public right-of-
way or private roadway and used for vehicular
parking.
Office
A commercial use which provides business,
professional, or personal services to customers.
Official Maps
The maps identified in the Jefferson County Compre-
hensive Plan as the "Official Maps." These maps
show the applicable land-use designation(s),
overlays, and maximum allowable density for all
property in the County.
On-Site Waste Disposal
Anyone of several means for disposal of sanitary
waste on the property from which it is generated (e.g.,
septic tank and drainfield).
Open-Record Hearing
A hearing, conducted by a single hearing body or
officer that creates the record through testimony and
submission of evidence and information, under
procedures prescribed by ordinance or resolution. An
open-record hearing may be held prior to the decision
on a project permit to be known as an "open-record
predecision hearing." An open-record hearing may be
held on an appeal, to be known as an "open-record
appeal hearing," if no open-record predecision
hearing has been held on the project permit.
Open Space
Lands committed to farming and forestry uses and
any parcel, lot, or area of land or water essentially
unimproved and set aside, dedicated, designated, or
reserved for public or private use or enjoyment.
Operator
Any person who is in actual physical or electronic
control of a powered watercraft, motor vehicle,
aircraft, off highway vehicle, or any other engine
driven vehicle.
Outdoor Commercial Amusèment Facility
Permanent developments containing a single or
multiple outdoor amusements such as batting cages,
2-15
SECTION 2 . DEFINITIONS
-/.
go-cart tracks, bumper cars, amusement rides, or
games of chance. This shall not include casinos or
theme parks.
Outdoor Shooting Range
(See "Shooting Range".)
Outdoor Storage Yards
(See "Storage Yard, Outdoor")
Overlay District
A district that provides policies and regulations in
addition to those of other sections in this Code for
certain land areas and for uses which warrant specific
recognition and management. Except as otherwise
provided, the provisions of an Overlay District shall
prevail over any conflicting provisions of this Code for
the duration of the overlay district, subject to Chapter
36 RCW. The Environmentally Sensitive Areas
Overlay District (Section 3.6.4 of this Code) and its
implementing provisions for geologically hazardous
areas, critical aquifer recharge areas, frequently
flooded areas, wetlands, and fish and wildlife habitat
areas, shall take precedence over any conflicting
provision with another overlay district or subarea plan
adopted pursuant to this Code.
Owner
An individual, firm, business entity, trust, association,
syndicate, partnership, or corporation having sufficient
property interest to seek development of land.
Owner-Occupied
The residential occupancy of a building or property by
the owner.
Panhandle
An irregular extension or protrusion of a lot created for
the purpose of providing such lot with frontage on a
public or private road, street or access way.
Parcel
(See "Lot")
Parent Parcel
Each existing lot that is located within the perimeter of
a proposed boundary line adjustment application.
Park
A tract of land designated and used by the public for
recreation.
Parking Lot
An off-street, ground level open area, usually
improved, for the temporary storage of motor
vehicles.
Parties of Record
The land use permit applicant; persons who have
testified at the open record hearing; and any persons
who have submitted written comments concerning the
application that forms part of the public record
(excluding persons who only signed petitions or
mechanically produced form letters.)
2-16
Performance Standard
A set of criteria or limits relating to certain
characteristics that a particular use or process may
not exceed.
Permit Center
The Jefferson County Department of Community
Development.
Permit Review
The process of reviewing applications for project
permits for consistency with the requirements of this
Code.
Permit Exemption Statement
A written statement of administrative finding and
conclusions that a land use or development is
consistent with applicable regulations and is not
subject to permit requirements of this Code.
Permittee
The entity to whom a permit is granted.
Person
Any individual, owner, contractor, tenant, partnership,
corporation, business entity, association, organi-
zation, cooperative, public or municipal corporation,
agency of a state or local governmental unit however
designated, public or private institution, or an
employee or agent of any of the forgoing entities.
Personal and Professional Services
For the purposes of this Code, establishments
primarily engaged in providing assistance, as
opposed to products, to individuals, business,
industry, government, and other enterprises, not listed
specifically in this Code as a distinct use for
regulatory purposes, such as laundry and dry
cleaning services; barber shops and beauty salons;
locksmiths, banks, legal, engineering, architectural,
design, financial and accounting services, and the
like.
Pervious Surface
A surface that absorbs water.
Planned Rural Residential Development (PRRD)
Development characterized by a unified site design,
clustered residential units, and areas of common
open space pursuant to Section 3.6.13 of this Code.
Planning Department
The Jefferson County Department of Community
Development.
Plat
A map or representation of a subdivision or short
subdivision of land showing the division of a parcel of
land into lots, roads, dedications, common areas,
restrictions and easements, as regulated by RCW
58.17 and this Code.
Plat Alteration
(See "Subdivision, Alteration of')
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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Plat, Long
(See "Subdivision (Long)")
Plat, Short
(See "Subdivision, Short")
Plat Vacation
(See "Subdivision, Vacation of')
Playing Field
A land area designed and used for outdoor games,
such as baseball, football, soccer, track events and
tennis. It includes public outdoor swimming pools.
Point-Source Discharge
The release of waste or other flows which can be
described as confined to a small area, such as
discharges from a pipe or conduit. Releases occurring
over a broad or undefined area are referred to as
"nonpoint sources". (See also "Nonpoint-Source.")
Potable Water
Water suitable for public consumption.
Predeclsion Hearing, Open-Record
A hearing, conducted by the Hearing Examiner, that
creates the County's record through testimony and
submittal of evidence and information, under
procedures prescribed by the County by ordinance or
resolution. An "open-record predecision hearing" may
be held prior to the County's decision on a project
permit. (RCW 36.708.020)
Preliminary Approval
The final action of the county granting approval to a
short or long subdivision, subject to applicable
conditions that must be fully satisfied prior to final plat
approval.
Preliminary Drainage Plan
Information provided by an applicant which includes a
site plan and narrative and which describes existing
natural and man-made drainage pattems on and
adjacent to the site of a proposed development and
proposes measures for collecting, treating, conveying,
detaining, and discharging stormwater generated by a
development. A preliminary drainage plan is used to
determine the erosion control and stormwater
management required to be implemented in
conjunction with a development. A preliminary
drainage plan is conceptual in nature and does not
include a stormwater site plan or final engineered
construction drawings.
Preliminary Plat
A neat and approximate drawing of a proposed
subdivision showing the general layout of streets, lots,
blocks (if applicable) and other elements of a
subdivision consistent with the provisions of this
Code.
Primary Use
The principal use of a property.
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Unified Development Code
Section 2 . Definitions
Prime Farmland Soil
Land that has the best combination of physical and
chemical characteristics for producing food, feed,
forage, fiber and oilseed crops and is available for
these uses. (See Part 603.05, National Soils
Handbook, Department of Agriculture, Soil
Conservation Service.) cy./AC 365-190-030(1)(a».
Priority Species
All state and federal endangered, threatened, and
sensitive species, and all federal candidate species;
and all species of local concern as defined in Section
2.3 of this Code.
Private Road, or Private Street
An approved road or street that is not dedicated to the
county and is used for access to secondary lots that
have no direct access to a public way.
Project Permit, or Project Permit Application
Any land use or environmental permit or license
required from the county for a project action, including
but not limited to subdivisions, planned rural
residential developments (PRRDs), conditional uses,
shoreline substantial development permits, permits or
approvals required for development within
environmentally sensitive areas (ESAs), site-specific
rezones authorized by the Jefferson County
Comprehensive Plan, or formally adopted sub-area
plan, but excluding the adoption or amendment of the
Jefferson County Comprehensive Plan, a sub-area
plan, or development regulations, except as otherwise
specifically included in Section 8 of this Code.
Prohibited Uses
Any use or activity which is not specifically
enumerated or interpreted as allowable in the
applicable land use district.
Proof of Ownership
A photocopy of a recorded deed to property and/or a
current title insurance policy insuring the status of an
applicant as the owner in fee title to real property.
Proprietor-Occupied
The residential occupancy by the owner of a building
or property.
Provision
Any written language contained in this Code,
including without limitation, any definition, policy, goal,
regulation, requirement, standard, authorization, or
prohibition.
Public Access Areas
Ways or means of approach to provide the general
public with a physical entrance to a property.
Public Facilities (and Services)
Facilities which serve the general public including
streets, roads, ferries, sidewalks, street and road
lighting systems, traffic signals, community water
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SECTION 2 . DEFINITIONS
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systems, community sewage treatment systems,
storm sewer systems, parks and recreational facilities,
libraries, fire and police stations, emergency medical
services, municipal and county buildings,
powerhouses, cemeteries and public schools (see
36.70A.O30 RCW).
Public Purpose Facilities
Lands and facilities needed to provide the full range of
services to the public provided by government,
substantially funded by government, contracted for by
government, or provided by private entities to meet
public service obligations.
Public Meeting
An informal meeting, hearing, workshop, or other
public gathering of people to obtain comments from
the public or other agencies on a proposed project
permit prior to a decision. A public meeting may
include, but is not limited to, a community association
meeting or a scoping meeting on a draft
environmental impact statement (DE IS). A public
meeting does not include an open record hearing.
The proceeding at a public meeting may be recorded
and a report or recommendation may be included in
the county's project permit application file.
Public Road, or Public Street
An approved road or street, whether improved or
unimproved, held in public ownership or control (Le.,
either through deed or easement conveyance) and
intended to be open as a matter of right to public
vehicular travel.
Public Schools
A building (and grounds) or part thereof design~d,
constructed, or used for publicly-operated education
and or instruction.
Public Services
Services available to and used by the general public.
They may be, but are not necessarily, provided by a
public agency for fire protection and suppression, law
enforcement, public health, education, recreation,
environmental protection, and other governmental
services. (RCW 36.70AO30(13»
Public Transportation Systems
Public facilities for air, water, or land transportation.
Public Way
Any publicly owned land set aside for utilities, s~rface
transportation purposes, including motorized vehlc~lar
and non motorized (e.g., bicycle and pedestrian)
transportation, whether improved or unimproved.
Qualified Wetlands Consultant
A person who has the qualifications to conduct
wetland studies and make recommendations for
wetland mitigation. These qualifications include
specialization in wetland biology, botany, and
hydrology, with appropriate education and
experience.
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Rare, Endangered, Threatened and Sensitive
Species
Plant and animal species identified and listed by the
Washington State Department of Natural Resources,
Washington Natural Heritage Program, Washington
State Department of Fish and Wildlife, or the U.S.
Fish and Wildlife Service, as being severely limited or
threatened with extinction within their native ranges.
RCW
The Revised Code of Washington.
Recording
The filing of a document(s) for recordation with the
County Auditor. .
Recreational Development
Parks and facilities for camping, indoor and outdoor
sports, and similar developments.
Recreational Vehicle (RV)
A vehicle designed primarily for recreational camping
or travel use that has its own motive power or is
mounted on or towed by another vehicle, including
travel trailers, fifth-wheel trailers, folding camping
trailers, truck campers, and motor homes, but not
mobile homes (RCW 43.22.335).
Recreational Vehicle Park
A commercially developed tract of land in which two
or more recreational vehicle sites are established as
the principal use of the land.
Recycling
The process of segregating solid waste for sale,
processing, and beneficial use. Materials which can
be removed through recycling include but are not
limited to newsprint, cardboard, aluminum, glass,
plastics, and ferrous metal. Recycling do.es not
include combustion of solid waste or preparation of a
fuel from solid waste.
Recycling Center
An area with or without buildings, upon which used
material~ are separated and processed for shipment.
Recycling Collection Facilities
Neighborhood facilities for the drop-off and temp?rary
storage of recyclables but without waste processing.
Religious Assembly Facility
A facility designed and used primarily for. ceremonies,
rituals, and education pertaining to a particular system
of spiritual beliefs (e.g., a church).
Residential Care Facility
A facility that provides room, board and care with
.24 hour supervision for persons who, by re~son of
circumstance or condition, require care. This may
include care for the aged or functionally disabled
persons but shall not include correctional facilities,
ìnpatient substance abuse or inpatient mental hea~th
facilities that are otherwise identified as essential
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Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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public facilities by the Comprehensive Plan and
regulated under Section 3.3.5.
Residential Development
Development of land with dwelling units for non-
transient occupancy. For the purposes of this Code,
accessory dwelling units, garages, and other similar
structures accessory to a dwelling unit shall also be
considered residential development unless regulated
otherwise by this Code or subarea plans. (See also
"Dwelling Unit" and "Accessory Dwelling Unit")
Resource Lands
Agricultural, forest, and mineral lands that have long-
term commercial significance.
Resource Based Industrial
A Forest Resource-Based Industrial land use
designation that recognizes existing, active sawmills
and related activities.
Restoration
To return to an original or like condition.
Restriction
A limitation placed upon the use of parcel(s) of land.
Retail Sales and Services
Establishments engaged in retail sales of goods,
including, but not limited to, the retail sale of
merchandise not specifically listed under another use
classification in Table 3-1 of the UDC. This
classification includes, but is not limited to,
department stores, clothing stores, shoe stores,
jewelry stores, hardware stores, furniture stores,
antique stores, pharmacies, appliance stores,
agricultural feed and supply stores, stationary stores,
office supply stores and other similar uses; and
establishments engaged in the sale of services
directly to the consumer including, but not limited to,
small equipment repair, plumbing and electrical repair
services, and other similar uses.
Right-of-Way
(See .Publlc Way")
Right-to-Farm Provisions
Provisions intended to enhance and encourage
agricultural operations by recognizing agricultural
activities as essential rural activities that do not
constitute a nuisance.
Right to Forestry Provisions
Provisions intended to enhance and encourage
sustainable forestry operations by recognizing forestry
activities as essential rural activities that do not
constitute a nuisance.
Road
An improved and maintained public or private right-of-
way which provides vehicular access to abutting
properties, and which may also include provision for
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Unified Development Code
Section 2 . Definitions
public utilities, pedestrian access, cut and fill slopes,
and drainage.
Road, Access
A road that functions solely to provide access to two
or more properties.
Road, Arterial
Roads designated as arterial roads in the
Transportation Element of the Comprehensive Plan.
Road, Collector
a. Roads designated as collector roads in the
Transportation Element of the Compre-
hensive Plan.
b. A street or road whose principal function is to
carry traffic between access and arterial
roads and streets.
Road, Primary
Any existing or proposed road designated as an
arterial or collector road in the Transportation Element
of the Comprehensive Plan or so designated by the
Jefferson County Engineer.
Road End
1) A road closed at one end that may be designed for
future road extensions. 2) The point at which a public
road meets the tidelands or a body of water.
Roadway
That portion of an approved road or street intended
for the accommodation of vehicular traffic, generally
between curb lines on an improved surface.
Runoff
Water that is not absorbed into the soil but rather
flows along the ground surface following the
topography.
Runway
The defined area at. an airport, airfield, or airstrip
indicated for landing and takeoff of aircraft along its
length.
Rural Character
A quality of the landscape dominated by pastoral,
agricultural, forested, and natural areas interspersed
with single-family homes, limited economic
development, and farm structures. Rural character
refers to the patterns of land use and development
established by the Comprehensive Plan:
(a) In which open space, the natural landscape;
and vegetation predominate over the built
environment;
(b) That foster traditional rural lifestyles, rural-
based economies, and opportunities to both
live and work in rural areas;
(c) That provide visual landscapes that are
traditionally found in rural areas and
communities;
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SECTION 2 . DEFINITIONS
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(d) That are compatible with the use of the land
by wildlife and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of
undeveloped land into sprawling, low-density
development;
(f) That generally do not require the extension
. of urban governmental services; and
(g) That are consistent with the protection of
natural surface water flows and ground water
and surface water recharge and discharge
areas. [ef. RCW 36.70A030(14)]
Rural Commercial Designation
The land use designation of the Comprehensive Plan
designed to provide opportunities for some
commercial uses to be located in Rural areas.
Rural Commercial Uses
The use of land or the use or construction of
structures or facilities involving the retail sale of goods
or services which is either unsuitable for a Rural
Village Center or Rural Crossroad or is better suited
to Rural lands and that does not require urban
governmental services.
Rural Crossroads
Those areas established by virtue of historic
transportation patterns and characterized by existing
concentrations of small scale commercial uses
fronting on, or in close proximity to, major
transportation routes and intersections. The following
three types of Commercial Rural Crossroads exist in
Jefferson County: NeighborhoodNisitor Crossroads,
Convenience Crossroads, and General Crossroads:
Convenience Crossroads (CC): Those cross-
roads that provide a limited selection of basic
retail goods and services, and serve a lower
intensity population base and the traveling public.
Convenience Crossroads are characterized by a
single convenience/general store. There are
three (3) Convenience Crossroads in Jefferson
County: Nordland, Beaver Valley and Wawa
. Point.
NelghborhoodNisitor Crossroads (NC): Those
crossroads which provide multiple uses and
services serving both the local community and
the traveling public. There are five (5)
NeighborhoodNisitor Crossroads identified in
Jefferson County: Mats Mats, Discovery Bay,
Four Corners, Chimacum and Gardiner.
General Crossroads (GC): Similar to
Neighborhood Crossroads, General Crossroads
serve a higher local population base and offer a
wider variety of goods and services. There are
three (3) General Crossroads identified in
Jefferson County: Ness' Corner, Irondale Corner
and SR 19/20 Intersection.
2-20
Rural Governmental Services
Those public services provided to rural areas at a
scale consistent with the rural character of the area.
Rural lands
The class of land-use designations which are
intended to preserve the rural character of the
County. Rural land designations include the following:
Rural Residential, Rural Commercial, and Rural
Industrial.
Rural Recreational lodging
A rural commercial establishment consisting of tourist
lodging facilities such as cabins and/or motel, hotel,
inn or lodge units that provide for overnight sleeping
accommodations and may also provide limited small-
scale conference or retreat facilities consistent with
the standards set forth in Section 4.35 of this Code.
Rural Residential Designation
The land-use designation in the Comprehensive Plan
designed to recognize existing residential develop-
ment patterns of the rural landscape and provide for a
variety of residential living opportunities at densities
which maintain the primarily rural residential character
of an area.
Rural Village Center
Small, unincorporated commercial and residential
community centers that provide a rural level of
services and which serve as a focal point for the local
population. In Jefferson County these centers include:
Port Hadlock, Quilcene and Brinnon.
Sale
The conveyance for consideration of legal or
beneficial ownership.
Salt Water Intrusion
The underground flow of salt water into wells and
aquifers.
Screening
A method of visually shielding or obscuring a structure
or use from view by fencing, walls, trees, or densely
planted vegetation.
Seaward
To or toward the sea.
Sedimentation
The process by which material is transported and
deposited by water or wind.
Seismic Hazard Areas
Areas subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure,
settlement, or soil liquefaction.
Sensitive Species
Species that could become threatened as classified
by the State of Washington Department of Fish and
Wildlife, Nongame Program, and the Department of
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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Natural Resources, Washington Natural Heritage
Plan.
Septage
The mixture of solid, semi-solid, and liquid wastes,
scum, and sludge that is pumped from within septic
tanks, pump chambers, holding tanks, and other
septic system components.
Service Area
A geographic area defined by a county or
intergovernmental agreement in which a defined set
of public facilities provides service to development
within the area (e.g., an area identified by a public
water system that includes the ability to provide a
water tap).
Setback
The distance a structure is placed behind a specified
line or topographic feature.
Sewerage Treatment Facilities
The management, storage, collection, transportation,
treatment, utilization, and processing of sewage from
a municipal or cOmmunity sewage treatment plant, not
including community drain fields.
Shooting Range
A facility specifically designed and used for safe
shooting practice with firearms andlor for archery
practice, with individual or group firing positions for
specific weaponry.
Shoreline Management Act
The Shoreline Management Act of 1971 (RCW
90.58), as amended.
Shoreline Master Program (SMP)
The Jefferson County Shoreline Master Program.
Short Plat
A neat and accurate drawing of a short subdivision,
prepared for filing for record with the county auditor,
and containing all elements and requirements set
forth in Section 7 of this Cqde.
Sign
Any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to
advertise, identify, display, direct or attract attention to
an object, person, institution, organization, business,
product, service, event or location by any means,
including words, letters, figures, design, symbols,
fixtures, colors, illumination or projected images.
Excluded from this definition are signs required by
law, such as handicapped parking signs, and the flags
of national and state governments.
Sign, Commercial
A sign that directs attention to a business or
profession, to a commodity or service sold, offered, or
manufactured, or to an entertainment offered on the
premises where the sign is located.
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Unified Development Code
Section 2 . Definitions
Sign, Freestanding
A sign not attached to a structure.
Single-Family Residence
A dwelling unit designed for and occupied by no more
than one family.
Small Scale
Of a size or intensity which has minimal impacts on
the surrounding area and which makes minimal
demands on the existing infrastructure.
Small Scale Recreation or Tourist Uses
Those isolated uses which are ieisure or recreational
in nature; are reliant upon a rural setting or location;
do not include any new residential development
beyond that allowed in the underlying land use
district; and otherwise meet the performance
standards in Section 4.35. See RCW
36.70A.070(5)(d)(ii).
Small Equipment Repair, Sales and Rental
Services
Commercial establishments engaged primarily in the
repair, and/or rental and sale of small equipment,
including but not limited to tools, watches, appliances,
televisions and other electronic devices, computers,
lawnmowers, bicycles and similar items.
Soil Log
The excavation and written record of soil septic
suitability as per health department written guidelines
and requirements.
Solid Waste Disposal
The act or process of disposing of rubbish and
garbage.
Solid Waste
All putrescible and non-putrescible solid and semi-
solid wastes, except wastes identified in WAC 173-
304-015, including but not limited to junk vehicles,
garbage, rubbish, ashes, industrial wastes, swill,
demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities,
but excluding agricultural wastes and crop residues
returned to the soil at agronomic rates. This includes
all liquid, solid and semi-solid materials which are not
the primary products of public, private, industrial,
commercial, mining and agricultural operations. Solid
waste includes but is not limited to sludge from waste
water treatment plants and septage from septic tanks,
wood waste, dangerous waste, and problem wastes.
Unrecovered residues from recycling operations shall
be considered solid waste.
Sound
An oscillation in pressure, particle displacement,
particle velocity, or other physical parameter in a
medium with internal forces that causes compression
and rarefaction of that medium, including any
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SECTION 2 . DEFINITIONS
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characteristics of sound, such as, duration, intensity,
and frequency.
Source of Contamination
A facility or disposal or storage site for material that
impairs the quality of ground water to a degree that
creates a potential hazard to the environment, public
health, or interferes with a beneficial use.
Special Flood Hazard
Land in the flood plain subject to a one percent or
greater chance of flooding in any given year.
Special Report .
A technical report or study containing certain site
analyses or project evaluations or a plan describing
mitigation or monitoring recommendations.
Sprawl, Low Density
Scattered, poorly planned low density development
that occurs particularly in urban fringe and rural areas
and frequently invades land important for
environmental and natural resource protection.
Sprawl typically manifests itself in one or more of the
following patterns:
a. Leap frog development: when new
development of urban or suburban character
is sited away from an existing developed
urban or suburban area, bypassing vacant
parcels located in or closer to the developed
area that are suitable for development;
b. Strip development: when large amounts of
commercial, retail, or other non-residential
development are located in a linear pattern
along one or both sides of a major arterial or
collector and, typically, accessing directly
onto the arterial or collector; and
c. Large expanses of low-density, single-family
dwelling development, outside of urban
areas, rural village centers, or master
planned resorts, that are located in relatively
close proximity to one another.
State Endangered Species
A species native to the state of Washington that is
seriously threatened with extinction throughout all or a
significant portion of its range within the state.
Endangered species are legally designated in WAC
232-12-014.
State Sensitive Species
A species, native to the state of Washington, that is
vulnerable or declining and is likely to become
endangered or threatened in a significant portion of its
range within the state without cooperative
management or the removal of threats. Sensitive
species are legally designated in WAC 232-12-011.
State Threatened Species
A species, native to the state of Washington, that is
likely to become endangered in the foreseeable future
throughout a significant portion of its range within the
2-22
state without cooperative management or the removal
of threats. Threatened species are legally designated
in WAC 232-12-011.
Storage Yard, Outdoor
An outdoor area used for the storage of equipment,
vehicles or materials for periods exceeding 72 hours.
Street
A public or private thoroughfare or easement that
affords primary means of access. For the purposes of
Section 7 of this Code, the definition of street includes
all public and private utilities such as communication
lines, cable television lines, electrical lines and
equipment, gas distribution lines, stormwater,
sidewalks, and other similar facilities commonly found
in street rights-of-way.
Street or Road Frontage
The length along a street which a structure, business,
or lot abuts or fronts.
Structure
A permanent or temporary edifice or building or any
piece of work artificially built up or composed of parts
joined together in some definite manner, whether
installed on, above, or below the surface of the
ground or water, except for vessels (WAC 173-27-
030).
Subarea Plan
A detailed plan consistent with but more specific than
this Code or the Comprehensive Plan. It may be a
detailed land-use plan for a specific geographic area,
or a functional long-range plan for a land use or
resource issue of county-wide concern.
Subdivision
The division or redivision of land into lots, tracts,
parcels sites or divisions for the purpose of sale,
lease or transfer of ownership.
Subdivision, Long
The division or redivision of land into five (5) or more
lots, tracts, parcels or sites or divisions for the
purpose of sale, lease, or transfer of ownership.
Subdivision, Phased
A subdivision that is developed in increments over a
period of time.
Subdivision, Short
The division or redivision of land into four (4) or fewer
lots, tracts, parcels or sites or divisions for the
purpose of sale, lease, or transfer of ownership.
Subdivision, Alteration of
The alteration of lots or changes in dedications or
restrictions or easements shown on the face of a plat
of a subdivision or short subdivision; except as
provided by RCW 58.17.040(6) for boundary line
adJustments.
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
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Subdivision Development Standards
The county's engineering, design and construction
standards and specifications contained in Section 6 of
this Code, including any incorporated standards,
governing the construction of public and private
improvements serving new divisions of land. The
county's subdivision development standards include
the adopted public works standards for design and
construction of transportation facilities and standards
for clearing and grading, erosion control, stormwater
facilities, and water and sewage disposal
improvements.
Subdivision, Vacation of
The removal of lots, boundaries, roads, dedications,
restrictions, or easements of a recorded subdivision
or short subdivision.
Substantial Improvement
Any maintenance, repair, structural modification,
addition or other improvement of a structure, the cost
of which equals or exceeds 50 percent of the market
value of the structure either before the maintenance,
repair, modification, or addition is started or before the
damage occurred, if the structure had been damaged
and is being restored.
Surrounding (Area or Property)
A lot of record shaH be considered to be a
surrounding property with respect to the subject
parcel or parcels if any portion of that lot of record is
within 300 feet of any boundary of the subject
parcel(s) when the subject parcel(s) is/are designated
on the land use map as rural, residential, resource
area, or parks preserve and recreation and shall be
considered surrounding if any portion of the lot of
record is within 100 feet of any boundary of the
subject parcel(s) when the subject parcel(s) is/are
designated as urban growth area or rural
commercial. For industrial the criteria for surrounding
property shall be 600 feet.
Sustainable
Actions or activities which preserve and enhance
resources for future generations.
Threatened Species
A species that is likely to become an endangered
species within the foreseeable future, as classified by
the Washington Department of Fish and Wildlife,
Wildlife Policy No. 602, and the Department of Natural
Resources, Washington Natural Heritage Program.
Threshold Determination
The decision by the Responsible Official under the
State Environmental Policy Act (SEPA) regarding the
likelihood that a project or other "action" (WAC 197-
11-704) will have a probable significant adverse
impact on an element of the environment.
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Unified Development Code
Section 2 . Definitions
Timber Land
Land supporting or capable of supporting a stand of
merchantable timber and which is not being
developed or used for an activity which is
incompatible with timber production.
Tract
(See "Lot")
Trailer
A structure standing on wheels, towed or hauled by
another vehicle, and used for short-term human
occupancy, carrying of materials, goods, or objects, or
as a temporary office.
Transfer of Development Rights (TDR)
The transfer of the right to develop or build,
expressed in dwelling units per acre, from land in one
land-use designation to land in another designation or
from one property owner to another, where such a
transfer is permitted.
Transient Accommodations
A commercial use involving the rental of any structure
or portion thereof for the purpose of providing lodging
for periods less than 30 days.
Transient Residence or Transient ADU
A single-family residential unit or ADU used for short-
term transient occupancy (for periods less than 30
days).
Transitional Surface
The surface which extends outward and upward at
ninety degree angles to a runway centerline and the
runway centerline extended, at a slope of seven feet
horizontally for each foot vertically, beginning from the
sides of the primary surface and approach zones to
where they intersect the horizontal surface.
Transportation Facilities
Roads, trails, airports, airfields, public docks, ferries
and related terminals, and parking areas.
Tree Line
The line created by existing trees, at the trunk line,
growing in a generally continuous line, as opposed to
a line drawn between a few isolated trees.
Uniform Building Code (UBC)
The building code officially adopted by Jefferson
County.
Unimproved, Dormant Platted Land
Land within the limits of a plat recorded prior to 1937
that as of the date of the initial adoption of this Unified
Development Code, does not contain a building that is
or has been used as a dwelling unit or as a viable
business facility.
Uplands
Lands outside of the jurisdiction of the Shoreline
Master Program.
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SECTION 2 . DEFINITIONS
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Urban Services
Pursuant to RCW 36.70AO30 (19) urban services are
those public services and public facilities at an
intensity historically and typically provided in cities,
specifically including storm and sanitary sewer
systems, municipal water systems, street cleaning
services, fire and police protection services, public
transit services, street improvements such as
sidewalks, curbs and gutters and other public utilities
associated with urban areas and normally not
associated with rural.
Urban Growth
Growth that makes intensive use of land for the
location of buildings, structures, and impermeable
surfaces to such a degree as to be incompatible with
the primary use of such land for the production of food
and other agricultural products, or forests, or the
extraction of mineral resources.
Urban Growth Area
An area designated by the County within which urban
growth is to be encouraged and outside of which
growth is not intended to be urban in nature. (cf. RCW
36.70A)
Use
The purpose that land or building or structures now
serve or for which they are or may be occupied,
maintained, arranged, designed, or intended.
Utilities
Facilities serving the public through a network of wires
or pipes, and ancillary structures thereto, including
systems for the delivery of natural gas, electricity, and
telecommunications services.
Utility Distribution Lines
Pipes, wires, and associated structural supports.
Utility Facilities
Facilities directly used for the distribution or
transmission of services to an area, excluding utility
service offices.
Utility Substations
The intermediate substations used for the
transmission of utilities. (See "Utility facilities".)
Utility Transmission Lines
Pipes, wires and associated structural supports.
Vacation, Roads and Streets
A statutory procedure by which the County may
relinquish its interest in streets, alleys, or easements.
Variance
The means by which an adjustment is made in the
application of the specific bulk, dimensional, or
performance standards set forth in this Code to a
particular piece of property, which property, because
of special circumstances applicable to it is deprived of
privileges commonly enjoyed by other properties in
2-24
the same land use designation or vicinity and which
adjustment remedies disparity in privileges. Variances
shall not be used to vary from the allowable,
conditional and prohibited uses set forth in Table 3.1
of this Code.
Variance, Major
All variances other than those meeting the definition
of a minor variance.
Variance, Minor
Variances that would permit expansion of an existing
building that would extend no more than ten (10)
percent beyond the dimensional, area and bulk
requirements specified by this Code. Minor variances
also include variances to allow expansion of an
existing building that is nonconforming as to setback
or lot coverage requirements when the proposed
expansion would not:
a. Increase the nonconformity of the building;
and
b. Result in any portion of the building or
expansion being located closer to the
nearest abutting property line than does the
existing building at its nearest point to the
property line.
Vicinity
In rural and resource lands, the area generally within
one mile of the exterior boundary of a given parcel.
WAC
The Washington Administrative Code.
Warehouse (or Wholesale Distribution Center)
A building, establishment or place of business used
primarily for the storage of goods and materials for
commercial or industrial purposes. Retail sales from
such establishments shall be incidental to the primary
use and limited to that allowed by Section 4.22
Industrial Uses-Standards for Site Development.
Water Conservation
A reduction in the amount of water used to carry out a
beneficial water use without a reduction in the value
of service the water provides.
Water Storage Tanks
Tanks or reservoirs used for the storage of water.
Water Supply Plans
A design sketch showing proposed source and lots to
be served or detailed engineering plans and
specifications.
WDFW
Washington Department of Fish and Wildlife.
WDOE
The Washington Department of Ecology. (See
"Ecology".)
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Unified Development Code
Section 2 . Definitions
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SECTION 2 . DEFINITIONS
,-..
Well (or Approved Water System)
Any water source approved by the County Health
Department and Washington Department of Health,
including but not limited to, wells, ponds, roof
collection systems, treated systems, and public water
supplies. (See "Individual Water System".)
Well Testing
Acquiring data directly from a constructed well in
order to determine characteristics of the well, the
water found in the well, or the geologic formations
through which the well has passed. The well test may
include pump testing, water quality testing, or
geophysical testing.
Wetland
An area that is inundated or saturated by surface
water or ground water at a frequency and duration
sufficient to support, and that under normal
circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created
from non-wetland sites, including but not limited to,
irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities,
excepting those wetlands created for mitigation
purposes.
Wetland Alteration
Any human-induced action which impacts the existing
condition of a wetland or its buffer. Alterations include
but are not limited to: grading; filling; dredging;
draining; channelizing; installing drainage tiles; cut-
ting, pruning, limbing or topping, clearing, relocating,
planting or removing vegetation; applying herbicides
br pesticides or any hazardous or toxic substance;
discharging pollutants excepting stormwater; grazing
domestic animals; paving, construction, application of
gravel; modifying for surface water management
purposes; or any other human activity that impacts
the existing vegetation, hydrology, wildlife or wildlife
habitat. Alteration does not include walking, passive
recreation, fishing, or other similar activities.
Wetland Buffer
The area immediately adjoining and contiguous with a
wetland.
Wetland Creation
The action performed to intentionally establish a
wetland or a portion of a wetland where one did not
formerly exist.
Wetland Delineation
The technical process of determining the edge of the
wetland in the field and ascertaining its classification
and value.
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Unified Development Code
Section 2 . Definitions
Wetland Edge
The boundary of a wetland as identified using the
required wetland delineation procedure.
Wetland, Emergent
A regulated wetland, or portion thereof, with at least
30 percent of the surface area covered by erect,
rooted, herbaceous vegetation as the uppermost
vegetative strata.
Wetland Enhancement
Alteration of an existing wetland or habitat to improve
or increase its characteristics and processes without
degrading other existing functions. Enhancements are
to be distinguished from wetland or habitat creation or
restoration projects.
Wetland, Forested
A regulated wetland, or portion thereof, with at least
20 percent of the surface area covered by woody
vegetation greater than 20 feet in height.
Wetland Functions and Values
The beneficial roles performed by wetlands include
but are not limited to: water quality protection and
enhancement; fish and wildlife habitat; food chain
support; flood storage, conveyance and attenuation;
groundwater recharge and discharge; erosion control;
wave attenuation; historical and archaeological and
aesthetic value; and recreation.
Wetland, Isolated
Those regulated wetlands which:
a. Are outside of and not contiguous to any
100-year floodplain of a lake, river, or
stream;
b. Have no contiguous hydric soil or hydro-
phytic vegetation between the wetland and
any surface water, and
c. Have no surface water connection to a lake,
river, or stream during any part of the year.
Wetland, Maintenance & Repair
Activities that change the size or scope of a use or
structure beyond its original nature; or which drain,
dredge, fill, flood, or otherwise alter additional
regulated Environmentally Sensitive Areas.
Wetland, Regulated
A wetland that meets the standards of this Code.
However, a wetland that does not meet these
standards may still be regulated under the federal
Clean Water Act.
Wetland Restoration
The actions performed to re-establish a wetland in an
area which was historically wetland but which does
not now provide or contain the necessary functional
characteristics.
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SECTION 2 . DEFINITIONS
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Wetland, Scrub-Shrub
A regulated wetland with at least 30 percent of its
surface area covered by woody vegetation less than
20 feet in height as the uppermost strata.
Wildlife (Wildlife Species)
"Wildlife" includes both plant and animal species for
the purposes of this Code.
Xeriscaping
A water-conserving method of landscaping that
utilizes native or other plants that are drought tolerant.
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Unified Development Code
Section 2 . Definitions
"
SECTION 3
""'....
Land Use Districts
.......
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SECTION 3 . LAND USE DISTRICTS
Section
Page
-
3.7
3.8
3.9
Table 3-1
3.1
3.2
3.3
3.4
3.5
3.6
Land-Use Districts. """""""""""""""""""""""""""""""""""""""""'".....................................................1
Land Use Regulations Allowable and Prohibited Uses by Designation. ..........................................................4
Land Use Regulations - General Provisions. ................................................................................................6
Master Planned Resorts - Special Provisions. .......................................................................".......................8
Rural and Resource Districts - Special Provisions. .......................................................................................9
Overlay Districts.............................................................................................................................................10
3.6.1 Purpose. """"""""""""""""""""""""""""""""""""""""""""'"...............................................1 0
3.6.2 Maps. """"""""""""""""""""""""""""""""""""""""""""""".................................................10
3.6.3 Mineral Resource Lands District (MRL)...........................................................................................11
3.6.4 Environmentally Sensitive Areas District (ESA). .............................................................................12
3.6.5 Critical Aquifer Recharge Areas. .....................................................................................................14
3.6.6 Frequently Flooded Areas. ..............................................................................................................17
3.6.7 Geologically Hazardous Areas. .......................................................................................................18
3.6.8 Fish and Wildlife Habitat Areas. ......................................................................................................22
3.6.9 Wetlands.................................................................,........................................................................28
3.6.10 Special Reports. ..............................................................................................................................35
3.6.11 Airport Essential Public Facility District (A)......................................................................................40
3.6.12 West End Planning Area. ................................................................................................................42
3.6.13 Planned Rural Residential Developments (PRRDs). .......................................................................43
Subarea Plans [RESERVED FOR FUTURE USE] ........................................................................................52
3.7.1 Jefferson County International Airport Subarea Plan (Reserved - See Comprehensive Plan
Policy EPP 2.2)................................................................................................................................52
Major Industrial Development [RESERVED FOR FUTURE USE] .................................................................52
Development Agreements [RESERVED FOR FUTURE USE] ......................................................................52
Allowable and Prohibited Uses.............................................................................................................53
3.1
Land-Use Districts.
The Jefferson County Comprehensive Plan estab-
lishes four principal land-use classes for the County.
Each class permits a different level of activity. The
general classes are Rural Lands, Resource Lands,
Master Planned Resorts and Public Lands.
An additional designation, Potential Final Urban
Growth Areas, has been named, as a reserved
. section, to reflect consistency with the Compre-
hensive Plan regarding the final disposition of the Tri-
Area/Glen Cove Special Study Area. Upon resolution
of the status of the Special Study Area, amendments
may need to be made to this UDC to be consistent
with the Comprehensive Plan.
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
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Unified Development Code
Section 3 . Land Use Districts
mayor may not be established in these classes.
These classes have been developed based on:
. Requirements of the Washington State
Growth Management Act (RCW 36.70A);
. Natural systems and land capability;
. Existing land use patterns.
1. Potential Final Urban Growth Areas
[RESERVED]
2. Rural Lands. This land-use class includes three
categories: rural residential; rural commercial;
and rural industrial. These categories are further
defined into specific "districts":
a. Rural Residential.
(1) 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
3-1
SECTION 3 . LAND USE DISTRICTS
County consisting of relatively high
density pre-existing patterns of devel-
opment, 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 and foster Jefferson
County's existing rural residential land-
scape and character by restricting new
land divisions to a base density of 1
unit per 5 acres.
(2) Rural Residential 1 unit/10 acres
(RR 1:10). This district provides a
transitional area between the Rural
Residential One (1) per Five (5) Acre
District and the Rural Residential One
(1) Unit per Twenty (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.
(3) 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 com-
mercial significance, as well as
protecting areas identified as posses-
sing area-wide environmental features
which constrain development such as
shoreline areas or areas of steep and
unstable slopes. The district also pro-
tects land from premature conversion
to higher residential densities prior to
an established need.
b. Rural Commercial.
(1) Rural Centers (Rural Vi/lage Center)
(RYC). 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 pre-
dominantly defined by the contained,
built environment as it existed in 1990
c.
or before, as required by RCW
36.70A070(5)(d). Designated rural
village centers include: Port Hadlock,
Quilcene and Brinnon.
(2) General Crossroads (GC). General
Crossroads are existing historic com-
mercial areas that provide a broad
range of commercial goods and
services for a larger population base in
the northeastern part of Jefferson
County. There are three (3) General
Crossroads designations identified in
Jefferson County: Ness' Corner,
Irondale/SR 19 Intersection, and SR
19/20 Intersection.
(3) NeighborhoodNisitor 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 (5)
Neighborhood Crossroads identified in
Jefferson County: Mats Mats,
Discovery Bay, Four Corners,
Chimacum and Gardiner.
(4) Convenience Crossroads (CC).
Convenience crossroads consist of a
single commercial property at a
historical crossroads. Typically, the
existing commercial use is a conven-
ience 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 (3)
Convenience Crossroad designations
in Jefferson County: Nordland, Beaver
Valley and Wawa Point.
Rural Industrial.
(1) Qui/cene light Industrial/Manufac-
turing (LI). The purpose of this district
is to provide for rural economic devel-
opment by regulating light industrial
and manufacturing uses in the
Quilcene area. The light industrial
uses and activities associated with this
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Unified Development Code
Section 3 . Land Use Districts
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,...
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SECTION 3 . LAND USE DISTRICTS
district are intended to be compatible
with the rural character of Quilcene.
(2) 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 until the
Potential Final Urban Growth Area
(PFUGA) designation process for the
Glen Cove area may be considered.
Associated commercial activities are
intended to directly serve the needs of
the land use activities existing within
this district.
(3) Heavy Industrial (HI). The intent of
this district is to facilitate economic
development and regulate develop-
ment of more intensive heavy
industrial and manufacturing activities,
including and associated with the Port
Townsend Paper Mill.
(4) 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 saw-
mills and related resource-based
industrial activities in the County.
There are three (3) Resource Based
Industrial site designations in
Jefferson. County: Gardner, Center
Valley, and the West End.
3. Resource Lands. This land-use class includes
three main categories and several distinct
"districts. "
a. Agricultural Resource Lands (AG).
(1) Commercial Agricultural (AG-20).
The Commercial Agricultural District is
to protect and preserve areas of prime
agricultural soils for the continued
production of commercial crops,
livestock, or other agricultural products
requiring large tracts of agricultural
land. It is intended to preserve the
open space character of the area and
thereby protect the business and life-
style associated with commercial
agriculture and upland-associated
aquaculture.
(2) Local Agriculture (AG-5). The Local
Agriculture District is to protect and
Unified Development Code
Section 3 . Land Use Districts
4.
preserve areas of locally important
agricultural lands for the production of
crops or other agricultural products
requiring smaller tracts of agricultural
land. It is intended to preserve areas
meeting the requirements of "agri-
cultural lands of local significance"
criteria as defined in the Compre-
hensive Plan, including upland-assoc-
iated aquaculture.
b. Forest Resource Lands (FOR).
(1) 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 .
(2) 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.
(3) 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.
c. Mineral Resource Lands (MRL).
(1) 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 (Section
3.6.3). The intent of this district is to
aid in sustaining and enhancing min-
erai extraction and processing acti-
vities of long-term commercial signi-
ficance by protecting designated lands
from incompatible development and to
allow for the continued contribution of
mineral lands to the Jefferson County
economy.
Master Planned Resort. Per RCW 36.70A.360,
a new master planned resort means a self-
contained and fully integrated development with
3-3
SECTION 3 . LAND USE DISTRICTS
--/
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.
a. 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
Ordinance No. 081004-99 contained in the
Appendix of this Code. The master planned
resort of Port Ludlow is characterized by
both single-family and multi-family residen-
tial 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
Ordinance No. 081004-99. However,
Jefferson County does not enforce private
codes, covenants and restrictions.
5. Public. This land use class consists of non-
federal public lands used for special purposes. It
includes one main district:
a. 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.
Land Use Regulations Allowable
and Prohibited Uses by Desig-
nation.
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
3.2
3-4
regulations establish standard procedures for all new
development.
1. Categories of Land Use. Land uses regulated
under this Code are divided into four categories,
as identified in Table 3-1.
a. Uses Allowed. Uses allowed subject to
meeting the applicable performance
standards (Section 4) and development
standards (Section 6) and other applicable
provisions of this Code, (including project
permit approval, see Section 8, if a building
or other development permit is required) are
designated by a "YES,"
b. Discretionary Uses. Discretionary uses are
certain named and all unnamed uses which
may be allowed subject to the applicable
development and performance standards
(Section's 4 and 6) 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 "0"
use as either an allowed use, a prohibited
use, or a conditional use in the particular
land use district affected.
Discretionary "0" uses are subject to a Type
" administrative review as specified in
Section 8. Decisions classifying "0" uses
made under this section may be appealed to
the Hearing Examiner (see Section 8). The
Administrator may classify the discretionary
use as an allowed "YES" use in the
particular district affected, only if the
proposed development:
(1) Complies with the applicable
development standards of Section 6;
(2) Complies with the performance and
use-specific standards unique to the
proposed use specified in Section 4;
(3) 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;
(4) 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;
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Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
-
(5) Will be served by adequate facilities
including access, fire protection, water
and sewer facilities (municipal,
community, or on-site systems);
(6) Does not include any use or activity
that would result in the siting of an
incompatible use adjacent to an airport
or airfield (RCW 36.70);
(7) Shall not adversely impact the public
health, safety and general welfare of
the residents of the County;
(8) 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
(9) 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.
Conditional Uses. All conditional uses are
designated by a "CO and may be allowed
subject to meeting the applicable
development standards (Section 6),
performance standards unique to the
proposed use (Section 4), and the criteria for
a Conditional Use Permit (Section 8.8), 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 Section 8 of
this Code; 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 Section 8.8.4 of the
UDC.
c.
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Unified Development Code
Section 3 . Land Use Districts
d. Prohibited Uses. Uses designated with a
"No" are not allowed in the applicable land-
use district.
2. 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, it shall be reviewed as a
discretionary "0" use by the Administrator, using
a Type II process specified in Section 8. The
Administrator shall use the criteria contained in
Section 3.2.1.b, 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.
3. 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.
4. Allowable Residential Density.
a. The maximum allowable residential density
for all parcels is shown on the Official Maps
of the Jefferson County Comprehensive
Plan.
b. 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.
c. 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.
5. 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 Section 6 of this Code.
6. Criteria for Site-specific Redesignations and
Master Planned Resort Approval. The criteria
for decision-making on these actions are
specified in Sections 8 and 9 of this Code.
7. Application, Notice, and Appeal
Requirements. The requirements to file an
application, the administrative processes for
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SECTION 3 . LAND USE DISTRICTS
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handling the application, and appeal procedures,
are specified in Section 8 of this Code.
8. Variances from Standards. Variances to
performance standards of Section 4 and of
Section 6 may be requested in accordance with
the requirements of Section 8.
9. 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
district as specified in Section 3 of this Code and
if such uses meet the applicable performance
standards of Section 4 and the development
standards of Section 6 of this Code unless
waived by the Administrator.
3.3 Land Use Regulations - General
Provisions.
The regulations in this Section 3.3 apply to all land
uses in all districts unless stated otherwise.
1. Archaeological and Historical Site Protection.
a. When an application for development is
received for an area known to be archaeo-
logically 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.
b. If during excavation or development of a site
an area of potential archaeolgical signifi-
cance is uncovered, all activity in the
immediate vicinity shall be halted, and the
Administrator shall be notified at once.
c. 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."
2. Right to Farm and Forestry Provisions.
a. Applicability. Right to Farm and Forestry
Provisions apply to all Resource and Rural
Land-Use Districts except Rural Residential
1 :5. The provisions of Section 3.3.2 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.
3-6
b.
Purpose. To provide the residents of the
County proper notification of the County's
recognition and support of farming and
forestry activities.
Nuisance. The following shall not be
considered a nuisance: Agricu.ltural 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: 1 0 and
1 :20, Rural Industrial, Rural Commercial
Agricultural Resource, or Forest Resource. '
Disclosure. The disclosure statement in
Section 3.3.2.d(2) below shall be used under
the following circumstances and in the
following manner:
(1) Approval of any land division, land
use, building, or development of any
lands within five hundred (500) feet of
lands which are designated as
Agricultural Resource, Forest
Resource, or Mineral Resource, shall
be conditioned on the execution by the
applicant of a statement of
acknowledgment containing the
disclosure statement on a form
provided by the Department of
Community Development. However, if
disclosure conforming to the
provisions of this section has been
recorded for a prior permit,
subsequent disclosures shall not be
required.
(2) 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
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d.
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
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 storage and disposal of manure,
and the application of permitted ferti-
lizers 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."
3. Development Permits and Resource Lands.
Development permit approvals for the use of
lands adjacent to lands designated as AG and
FOR Resource Lands or lands with a Mineral
Resource Land (MRL) Overlay designation, may
be conditioned 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.
4. 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 Sections 3.6 and 3.7.
5. 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:
a. The siting and location policies and
strategies of the Jefferson County Jefferson
County Comprehensive Plan and
Countywide Planning Policy #4 shall be
followed to the maximum extent possible.
b. Essential public facilities shall be located if
possible within land-use designations for
which the uses are allowed (cf. Tables 3.1).
c. 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.
d. A Special Use Permit shall be required only
for the siting of essential public. facilities
under this Code.
(1) Process. A special use permit shall be
reviewed under the same process as a
Comprehensive Plan Amendment, as
specified in Section 9.
(2) 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
Section 9. A special use permit shall
also include an alternative site
analysis evaluating at least two (2)
other alternative sites for the proposed
facility .
(3) 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:
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
contlict with existing and
anticipated traffic in the I,ocal area;
v. The special use will be supported
by adequate public facilities or
services and will not adversely
affect pubic services to the sur-
rounding 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
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(4)
or discourage the appropriate
development or use of neigh-
boring properties;
vii. The special use is not in conflict
with. the policies of the Compre-
hensive 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 main-
tenance of urban services and
facilities is not required, unless no
practicable alternative exists;
ix. No feasible alternative sites exists
which better meet the require-
ments 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 equi-
valent 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 "hosf' muni-
cipalities have a reasonable
opportunity to participate in the
site selection process.
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
services;
Iii. Public facility and service needs
and availability;
needs
and
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iv. Site design;
v. Control of on-site and off-site
impacts during construction;
vi. Facility operations; and
vii. Impacts on environmentally
sensitive areas.
Master Planned Resorts - Special
Provisions.
"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, which is adopted by reference and included
within the Appendix of this Code. Designation of any
new Master Plan Resorts requires a Comprehensive
Plan Amendment subject to the requirements of
Section 9 of this Code.
1. Allowable Uses.
a. Initial Determination. Allowable uses and
their locations within a Master Planned
Resort are determined during the
development of the Master Plan. The
Administrator shall recommend such uses
and any conditions for uses to be
considered allowable. The BOCC then
determines these uses as part of the
approval of the Master Plan.
b. Changes in Uses. Subsequent changes in
uses or in the location of allowable uses at
Master Planned Resorts are handled
through amendments to the Master Plan.
2. 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.11 O.
3. Master Plan Amendments. The procedures and
process for adopting a new Master Plan are as
provided in Section 9 of this Code and, in the
case of amendments, in the particular Master
Plan (e.g., for the Port Ludlow Master Plan
Resort, in the adopted Port Ludlow Master Plan
Resort Code, see the Appendix).
4. Port Ludlow Master Planned Resort. The Port
Ludlow Master Planned Resort Code (Ordinance
No. 081004-99), as may be amended to be
consistent with the provisions of this UDC, is
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
hereby adopted by reference and made a part of
this UDC. (See Appendix.)
3.5 Rural and Resource Districts -
Special Provisions.
1. 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 Section 9 of this
Code.
2. Agricultural Resource Districts.
a. Residential Density. No land designated as
Commercial Agriculture (AG-20) shall be
subdivided or developed such that its
residential density exceeds one unit per
twenty (20) acres, when the property owner
elects not to use the cluster subdivision
option provided in Section 3.5.2(c), below.
Lands designated as Local Agriculture (AG-
5) shall have a maximum residential density
of one dwelling unit per parcel or one
dwelling unit per twenty (20) acres,
whichever is the greater.
b. Setback Requirements for Adjacent
Development. The standard setback for a
dwelling unit constructed on a parcel that
lies immediately adjacent to a parcel
designated as Commercial Agriculture (AG-
20) shall be seventy five (75) feet from the
legal property line. The standard setback for
a dwelling unit constructed on a parcel that
lies immediately adjacent to a parcel
designated as Local Agriculture (AG-5) land
shall be thirty five (35) feet from the legal
property line.
These setback requirements shall be strictly
adhered to with the following exception:
Where a parcel lying immediately adjacent
to designated agricultural land has been
created prior to adoption of this Code, the
residential setback may be reduced when a
written waiver is obtained from the owner of
the designated agricultural land. If a waiver
is granted, the final residential setback shall
not be less than that provided by the
underlying zoning setback.
c. Clustering Provisions. The owner of a
parcel designated as Agricultural Resources
may undertake a cluster subdivision in
accordance with Section 3.6.13 (PRRDs) of
this Code. The objective of a cluster
Unified Development Code
Section 3 . Land Use Districts
subdivision is to provide a property owner
with sufficient development rights to main-
tain their ownership options while retaining
the maximum amount of land in agricultural
production. .
3. Forest Resource Districts.
a. 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 of
designated Commercial or Rural Forest
Land from living on his/her land, provided
th:;¡t applicable building requirements are
met.
b. Subdivisions and Use Limitations.
Subdivision of Commercial and Rural Forest
Lands for construction or installation of non-
residential purposes, as allowed in Table 3-
1 , 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:
(1) The facility cannot otherwise be
suitability located on undesignated
land;
(2) The installation cannot otherwise be
accomplished without subdivision;
(3) The facility is to be located on the
lowest feasible grade of forest land;
and
(4) The facility removes as little land as
possible from timber production.
c. Setback Requirements for Adjacent
Development. New structures proposed to
be located on parcels adjacent to
designated forest lands shall:
(1) 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
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SECTION 3 . LAND USE DISTRICTS
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Forest Lands designation, then
the new structure shall maintain
the maximum setback possible;
or
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.
(2) Provide adequate access for fire
vehicles; and
(3) 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.
d. Setback Requirements on Designated
Forest Lands. Builders of new structures
proposed to be located on parcels
designated Commercial, Rural, or Inholding
Forest shall:
(1) 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.
e. Establishment of Resource Protection
Areas. Subdivisions, short subdivisions and
rural cluster subdivisions of parcels adjacent
ii.
3-10
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.
3.6 Overlay Districts
3.6.1 Purpose.
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 Section, the provisions of an overlay
District shall prevail over any conflicting provisions of
this Code for the duration of the overlay district,
subject to Chapter 36, RCW. 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. Environmentally Sensitive Areas (ESA);
3. Airport Essential Public Facility District (A);
4. West End Planning Area (WEPA); and
5. Planned Rural Residential Development (PRRD).
3.6.2 Maps.
1. Official Maps. The Official Maps do not portray
survey accuracy and do not provide a definitive
answer as to whether any Overlay District regu-
lations apply to a specific property. Persons may
request a written interpretation from the Admin-
istrator as to the presence or absence of an
Overlay District(s) on specific property, except as
provided for ESAs in 3.6.2.2 below. 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.
2. Environmentally Sensitive Areas (ESA) Maps.
The ESA maps are provided only as a general
guide to alert the viewer to the possible location
and extent of environmentally sensitive areas
and are generally found to be accurate within
300 feet. The maps may not be relied on to
establish the existence or boundaries of a
sensitive area, nor to establish whether all of the
elements necessary to identify an area as an
ESA actually exist. Conditions in the field ara
controlling: in the event of a conflict between the
information shown on the maps and information
shown as a result of field investigations, the latter
shall prevail.
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
3.6.3
Resource
Lands
District
1.
Mineral
(MRL).
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
Section 9 of this Code 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:
a. Have a known or potential extractable
resource in commercial quantities verified by
submittal of a geologic and economic report
prepared by a qualified professional;
b. The parcel is a minimum of ten (10) acres in
size;
c. The subject property is surrounded by
parcels no smaller than five (5) acres in size
on 100% of its perimeter;
d. The current or future land use designation
will not exceed a residential density of one
dwelling unit per five acres;
e. Are not within any Shoreline designation 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
f. Are not within a regulated wetland or fish
and wildlife habitat area pursuant to Section
3.6.8 and 3.6.9 of this Code.
2. Allowable and Prohibited Uses. Allowable and
prohibited uses within Mineral Resource Lands
Overlay Districts are specified in Table 3.1 for
the underlying designation. All uses must comply
with any applicable performance standards in
Section 4 and development standards in Section
6 of this UDC; unless otherwise specified in this
Code.
Nuisance and Disclosure Provisions.
a. 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 main-
tained for commercial mineral resource
3.
Unified Development Code
Section 3 . Land Use Districts
b.
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.
DIsclosure. The Disclosure statement in
Section 3.6.3.b(2), below, shall be used
under the following circumstances and in the
following manner:
(1) Approval of any land division, land
use, building, or development of lands
adjacent to. or within five hundred
(500) feet of lands designated as
Mineral Resource Land (MRL) shall be
conditioned on the execution by the
applicant of a statement of acknow-
ledgment containing the disclosure
statement on forms provided by the
Department of Community Devel-
opment. However, if a disclosure
conforming to the provisions of this
section has been provided for a prior
permit, subsequent disclosures shall
not be required.
(2) 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 opera-
tions which are in conformance with
existing laws and regulations. Jef-
ferson 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 oper-
ations are consistent with com-
monly accepted best management
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SECTION 3 . LAND USE DISTRICTS
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practices and comply with local,
state, and federal laws."
3.6.4 Environmentally Sensitive Areas
District (ESA).
a. Purpose. The Environmentally Sensitive
Areas Overlay District (ESA) is adopted to
implement the policies of the
Comprehensive Plan for five types of
Environmentally Sensitive Areas as defined
in Sections 3.6.5-3.6.9:
(1) Critical Aquifer Recharge Areas.
(2) Frequently Flooded Areas.
(3) Geologically Hazardous Areas.
(4) Fish and Wildlife Habitat Areas.
(5) Wetlands.
b. Applicability. Any land use or development
activity which is subject to a development
permit or approval under this Code may only
be undertaken on land located within or
containing an ESA or its buffer if the
provisions of this Section 3.6.4 are met.
Uses and activities in environmentally
sensitive areas, or their buffers for which no
permit or approval is required by any other
county ordinance, remain subject to the
development standards and other
requirements of this Section.
c. Allowable Uses. All uses shall be subject to
requirements specified in Table 3.1 for the
underlying district, unless otherwise
specified in this Code.
d. Coverage. This Section applies to all uses
and activities within ESAs or their
designated buffers unless otherwise exempt.
The following permits and approvals shall be
subject to and coordinate with the
requirements of this section: clearing and
grading; site plan approval; sewage
disposal; subdivision or short subdivision;
binding site plans; building permit; planned
residential development; shoreline substan-
tial development; variance; conditional use
permit; certain forest practice permits (Class
IV General, Class III Conversion Option
Harvest Plans); other permits leading to the
development or alteration of land; and
rezones if not combined with another
development permit. In instances where a
proposal involves a parcel of real property
with more than one ESA or ESA buffer, the
standards that pertain to each identified ESA
shall apply. When provisions of this section
conflict with one another, or when provisions
of this section conflict with any other local
3-12
e.
law, the provision that provides more
protection to the ESA shall apply. No 'permit
involving a designated environmentally
sensitive area shall be approved unless it is
determined to be in compliance with this
code.
Any action taken in an Environmentally
Sensitive Area designated under this section
that is in violation of the standards and
conditions contained herein is expressly
prohibited.
General Exceptions. The Administrator
may grant an exception to the requirements
of this Section. In determining whether an
exception is appropriate, the Administrator
shall require that the proposed land or water
use will not create unmitigatable significant
adverse environmental impacts. In making
this determination, the Administrator may
require that an applicant prepare a. Special
Report (per Section 3.6.10). In granting an
exception, the Administrator may require
conditions of approval, including mitigation,
as necessary to ensure that the subject land
or water use action will not pose a risk of
adverse environmental impacts.
General Exemptions.
(1) The following activities are exempt
from the requirements of this Section:
i. Emergencies that threaten the
public health, safety and
welfare. An "emergency" is an
unanticipated and immediate
threat to public health, safety, or
the environment which requires
action within a time too short to
allow compliance with this
Section.
Pre-existing and ongoing agri-
cultural activities on lands con-
taining environmentally sensitive
areas. For the purpose of this
Section, existing and ongoing
means that the activity has been
conducted within the past five
years.
iii. Normal and routine m,aintenance
and operation of pre-existing
retention! detention facilities,
biofilters and other stormwater
management facilities, irrigation
and drainage ditches, farm
ponds, fish ponds, manure la-
goons, and livestock water
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f.
ii.
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SECTION 3 . LAND USE DISTRICTS
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ponds, provided that such acti-
vities shall not involve con-
version of any wetland not
currently being used for such
activity .
iv. Structural alterations to build-
ings, permitted under the
provisions of this Code, that do
not alter the structural footprint
or introduce new adverse
impacts to an adjacent environ-
mentally sensitive area.
Normal and routine maintenance
or repair of existing utility
structures within a right-of-way
or existing utility corridor or
easements, including the cut-
ting, removal and/or mowing of
vegetation above the ground.
vi. Forest Practices conducted pur-
suant to RCW 76.09, except
Class IV (general conversions)
and Conversion Option Harvest
Plans (COHP).
vii. Normal and routine installation
and maintenance of propane
storage tanks and wood stoves
for single family houses or
mobile homes.
Nonconforming Uses.
(1) Any use or structure in existence on the
date this code becomes effective that
does not meet the buffer requirements
of this section for any designated critical
area shall be considered a legal
nonconforming use.
(2) Any use or structure for which an
application has vested or for which a
permit has been obtained prior to the
effective date of this Code, that does
not meet the buffer requirements of this
section for any designated ESA, shall
be considered a legal nonconforming
- use.
(3) A legal nonconforming use or structure
may be repaired or maintained without
limitation by this section.
(4) A legal nonconforming use or structure
that has been damaged or destroyed by
fire or other calamity may be restored
and its immediately previous use may
be resumed.
v.
g.
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Unified Development Code
Section 3 . Land Use Districts
h.
Reasonable Economic Use Variance. If
the application of this Section would deny all
reasonable economic use of the property,
the applicant may apply for a reasonable
economic use variance, only upon denial of
a permit due to the requirements of this
Section.
(1) The applicant shall apply to the
Department, and the Department shall
prepare a recommendation to the
Hearing Examiner. The property owner
and/or applicant for a reasonable use
variance has the burden of proving that
the property is deprived of all
reasonable use;
Notice. The Hearing Examiner shall conduct
a public hearing on the variance request.
Decisions of the Hearing Examiner shall be
final and conclusive unless appealed to the
Appellant Examiner. Public notice shall be
provided as follows:
(1) The Department shall arrange for at
least one publication of the notice of
hearing to appear in a newspaper of
general circulation within the County at
least (10) days before the hearing.
Payment of all publication fees shall be
the responsibility of the applicant.
(2) The Department shall send notice to
adjacent property owners advising
them of the hearing. The notice shall
be mailed to the owners of record of all
property lying within three hundred
(300) feet of the property at issue, at
least ten (10) days before the public
hearing. Names and addresses of
adjacent property owners shall be
provided to the Department by the
applicant, subject to Department
approval.
(3) The Department shall provide the
applicant with at least two (2) copies of
the hearing notice, and one copy of an
affidavit of posting. The applicant shall
post the notices and maintain them in
place for at least ten (10) days prior to
the hearing, not including the day of
posting or the day of the hearing. The
notices shall be placed in conspicuous
locations on or near the property and
shall be removed by the applicant after
the hearing. Notices shall be mounted
on easily visible boards provided by
the Department. The affidavit of
i.
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SECTION 3 . LAND USE DISTRICTS
j.
posting shall be signed, notarized, and
returned to the Department at least ten
(10) days prior to the hearing.
(4) All hearing notices shall include a legal
description of the property involved,
and a concise description of the
variance requested in nonlegal
language.
Findings. A reasonable economic use
variance may be granted only when the
Hearing Examiner finds that the application
meets all of the following criteria:
(1) No reasonable economic use with less
impact on the ESA or its buffer is
possible.
(2) There is no feasible on-site alternative
to the proposed activities that would
allow a reasonable economic use with
less adverse impacts to environ-
mentally sensitive areas or ESA
buffers. Feasible on-site alternatives
shall include, but are not limited to:
reduction in density; phasing of project
. implementation; change in timing of
activities; and revision of road or
parcel layout or related site planning
considerations.
(3) The proposed variance will result in
the minimum feasible alteration or
impairment to the environmentally
sensitive areas functional charac-
teristics and existing contours, vege-
tation, fish and wildlife resources, and
hydrological conditions.
(4) Disturbance of environmentally sen-
sitive areas has been minimized by
locating any necessary alteration in
ESA buffers to the minimum extent
possible.
(5) The proposed variance will not cause
degradation to surface or ground
water quality.
(6) The proposed variance complies with
all Federal, State and local statutory
and common law, including the
Endangered Species Act, and
statutory laws related to sediment
control, pollution control, floodplain
restrictions, and on site wastewater
disposal, and common law relating to
property and nuisance.
(7) There will be no material damage to
nearby public or private property and
3.6.5
...../
k.
no material threat to the health or
safety of people on or off the property.
(8) The inability to derive reasonable
economic use of the property is not
the result of actions by the applicant in
segregating or dividing the property
and creating the undevelopable
condition after the effective date of this
code.
Conditions.
(1) In granting approval for reasonable
economic use variances, the Hearing
Examiner may require mitigating con-
ditions that will, in the Examiner's
judgment, substantially secure the
objectives of this code.
(2) In granting approval for reasonable
economic use variances involving
designated wetlands, the Hearing
Examiner shall consider the following
mitigating conditions:
i. Provision of a mitigation plan
demonstrating how the applicant
intends to substantially restore
the site to predevelopment
conditions following project
completion; and
The restoration, creation or
enhancement of wetlands and
their buffers in order to offset the
impacts resulting from the
applicant's actions; the overall
goal of any restoration, creation
or enhancement project shall be
no net loss of wetlands function
and acreage.
Critical Aquifer Recharge Areas.
Classification. Critical Aquifer Recharge
Areas are naturally susceptible due to the
existence of permeable soils. Certain
overlying land uses can lead to water quality
and/or quantity degradation. The following
classifications define Critical Aquifer
Recharge Areas.
(1) Susceptible Aquifer Recharge
Areas are those with geologic and
hydrologic conditions that promote
rapid infiltration of recharge waters to
groundwater aquifers. For the
purposes of this section, unless
otherwise determined by preparation
of an Aquifer Recharge Area Report
authorized under this section, the
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Ii.
a.
Unified Development Code
Section 3 . Land Use Districts
"'"
SECTION 3 . LAND USE DISTRICTS
"'"
-
(2)
following geologic units, as identified
from available State of Washington
Department of Natural Resources
geologic mapping, define susceptible
aquifer recharge areas for east
Jefferson County:
i. Alluvial fans (Ha),
ii. Artificial fill (Hx),
iii. Beach sand & gravel (Hb),
iv. Dune sand (Hd),
v. Flood plain alluvium (Hf),
vi. Vashon recessional outwash in
deltas and alluvial fans (Vrd),
vii. Vashon recessional outwash in
meltwater channels (Vro),
viii. Vashon ice contact stratified drift
(Vi),
ix. Vashon ablation till (Vat),
x. Vashon advance outwash (Vao),
xi. Whidbey formation (Pw), and
xii. Pre-Vashon stratified drift (Py).
Those areas meeting the requirements
of Susceptible Aquifer Recharge
Areas (above) and which are overlain
by the following land uses as identified
in this Code are subject to the
provisions of the protection standards
in this Section:
i. All Industrial Land Uses
ii. All Commercial Uses
iii. All Rural Residential Land Uses
A. requiring a Discretionary
Use or Conditional Use
Permit or
B. with nonconforming uses
that would otherwise require
a Discretionary Use or
Conditional Use Permit
iv. Unsewered Planned Rural
Residential Developments
Unsewered residential de-
velopment with gross densities
greater than one unit per acre
Special Aquifer Recharge Pro-
tection Areas include:
i. Sole Source Aquifers designated
by the U.S. Environmental
Protection Agency in accor-
dance with the Safe Drinking
Water Act of 1974 (Public Law
93-523).
Special Aquifer Protection Areas
designated by the Washington
Department of Ecology under
Chapter 173-200 WAC.
Wellhead Protection Areas
determined in accordance with
delineation methodologies
specified by the Washington
Department of Health under
authority of Chapter 246-2~0
WAC.
Designation. Jefferson County shall
prepare and exhibit a dated Critical Aquifer
Recharge Area map which will demonstrate
the approximate distribution of the
Susceptible Aquifer Recharge Areas and
Special Aquifer Recharge Protection Areas.
The Critical Aquifer Recharge Area map
shall be periodically revised, modified, and
updated to reflect additional information.
Applicability.
(1) The following land use activities are
considered high impact land uses due
to the probability and/or potential
magnitude of their adverse effects on
groundwater and shall be prohibited in
Susceptible Aquifer Recharge Areas
and Special Aquifer Protection Areas.
In all other areas of the County outside
of Susceptible and Special Aquifer
Recharge Areas, these activities shall
require a Critical Aquifer Recharge
Report pursuant to this Section.
i. Chemical manufacturing and
reprocessing;
Creosote/asphalt manufacturing
or treatment (does not include
asphalt batch plants);
iii. Electroplating and metal coating
activities;
iv. Hazardous waste treatment,
storage and disposal facilities;
Petroleum product refinement
and reprocessing;
vi. Underground storage tanks for
petroleum products or other
hazardous materials;
vii. Recycling facilities as defined in
this Code;
viii. Solid waste landfills;
ii.
iii.
b.
c.
ii.
v.
v.
(3)
Unified Development Code
Section 3 . Land Use Districts
3-15
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SECTION 3 . LAND USE DISTRICTS
ix. Waste piles as defined in
Chapter 173-304 AC;
Wood and wood products
preserving;
xi. Storage and primary electrical
battery processing and
reprocessing.
(2) All other land uses shall be subject to
the protection standards contained in
this Section and mitigating conditions
included with a Critical Aquifer
Recharge Report, where applicable.
(3) Seawater Intrusion Areas. Marine
shorelines and islands are susceptible
to a condition that is known as
seawater intrusion. Seawater intrusion
is a condition in which the
saltwater/freshwater interface in an
aquifer moves inland so that wells
drilled on upland areas cannot obtain
freshwater suitable for public
consumption without significant
additional treatment and cost.
Maintaining a stable balance in the
saltwater/freshwater interface is
primarily a function of the rate of
aquifer recharge (primarily through
rainfall) and the rate of groundwater
withdrawals (primarily through wells).
The Washington Department of
Ecology is the only agency with
authority to regulate groundwater
withdrawal for individual wells in
Jefferson County. Therefore, new
development and land use activities
on islands and in close. proximity to
marine shorelines in particular should
be developed in such a manner to
maximize aquifer recharge and
maintain the saltwater/freshwater
balance to the maximum extent
possible by infiltrating stormwater
runoff so that it recharges the aquifer.
To help prevent seawater from
intruding landward into underground
aquifers, all new development activity
on Marrowstone Island, Indian Island
and within 500 feet of any marine
shoreline shall be required to infiltrate
all stormwater runoff, to the maximum
extent practicable, onsitlB.
d. Protection Standards.
(1) General. The following protection
standards shall apply to land use
x.
activities in Susceptible Aquifer
Recharge Areas and Special Aquifer
Protection Areas unless mitigating
conditions have been identified in a
Critical Aquifer Recharge Report that
has been prepared pursuant to this
section.
(2) Stormwater Disposal. Stormwater
runoff shall be controlled and treated
in accordance with best management
practices and facility design standards
as identified and defined in the
Stormwater Management Manual for
the puget Sound Basin, as amended
and the stormwater provisions
. contained in Section 6 of this Code. .
(3) On-Site Sewage Disposal.
i. All land uses identified in
Section 3.6.5.a and Special
Aquifer Recharge Protection
Areas that are also classified as
Susceptible Aquifer Recharge
Areas (as defined in this
Section), shall be designated
Areas of Special Concern pursu-
ant to Chapter 246-272-21501
WAC.
A. Such designation shall
identify minimum land area
and best management prac-
tices for nitrogen removal as
design parameters neces-
sary for the protection of
public health and ground-
water quality.
B. Best Management Practices
(BMPs) shall be adopted by
action of the Board of
Health.
As new information becomes
available that would classify an
area as a Special Aquifer
Recharge Protection Area or an
Area of Special Concern under
this Section, said area may be
designated as such by the
County. Any additional Areas of
Special Concern designated
through this process shall
receive the same protections
identified in Subsection (3)i.A
and B above.
(4) Golf Courses and Other Turf
Cultivation. Golf courses shall be
ii.
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Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
-
-
(5)
developed and operated in a manner
consistent with "Best Management
Practices for Golf Course Devel-
opment and Operation", King County
Environmental Division (now: Depart-
ment of Development and Environ-
mental Services), January 1993.
Recreational and institutional facilities
(e.g. parks and schools) with
extensive areas of cultivated turf, shall
, be operated in a manner consistent
with portions of the aforementioned
best management practices pertaining
to fertilizer and pesticide use, storage,
and disposal.
Commercial Agriculture. Commercial
agricultural activities, including
landscaping operations must be
operated in accordance with best
management practices for fertilizer,
pesticide, and animal waste manage-
ment as developed by the Jefferson
County Conservation District.
Above Ground Storage Tanks.
Above ground tanks shall be
fabricated, constructed, installed, used
and operated in a manner which
prevents the release of a hazardous
substances or dangerous wastes to
the ground or groundwater. Above
ground storage tanks intended to hold
or store hazardous substances or
dangerous wastes are provided with
an impervious containment area,
equivalent to or greater than 100
percent of the tank volume, enclosing
and underlying the tank, or ensure that
other measures are undertaken as
prescribed by the Uniform Fire Code
which provide an equivalent measure
of protection.
Mining and Quarrying. Mining and
quarrying performance standards
containing groundwater protection
best management practices pertaining
to operation, closure, and the
operation of gravel screening, gravel
crushing, cement concrete batch
plants, and asphalt concrete batch
plants, where allowed, are contained
in Sections 4 and 6 of this Code.
Hazardous Materials. Land use
activities that generate hazardous
waste, which are not prohibited out-
right under this code, and which are
(6)
(7)
(8)
Unified Development Code
Section 3 . Land Use Districts
3.6.6
a.
conditionally exempt from regulation
by the Washington Department of
Ecology under WAC 173-303-100, or
which use, store, or handle hazardous
substances, shall be required to
prepare and submit a hazardous
materials management plan. The
hazardous materials management
plan must be updated annually by the
facility owner.
(9) Mitigating Conditions. The Admin-
istrator may require additional miti-
gating conditions, as needed, to
provide protection to all Critical Aquifer
Recharge Areas to ensure that the
subject land or water use action will
not pose a risk of significant adverse
groundwater quality impacts. The
determination of significant adverse
groundwater quality impacts will be
based on the Antidegradation policy
included in Chapter 173-200 WAC.
(10) Authority for Denial. The Admin-
istrator may deny approval if the
protection standards contained herein
or added mitigating conditions cannot
prevent significant adverse ground-
water quality impacts.
Frequently Flooded Areas.
Incorporation by Reference. This section
incorporates by reference the classification,
designation and protection provisions
contained in the Jefferson County Floodplain
Management Ordinance (Ordinance No. 1-
89) with the following addition:
(1) In addition to the insurance maps
identified in the Floodplain Manage-
ment Ordinance (Ordinance No. 1-89),
flood hazard areas shall be identified
with reference to the Federal Emer-
gency Management Agency (FEMA)
100-year floodplain designations.
Such flood hazard areas shall be
subject to the criteria of the Floodplain
Management Ordinance. .
The Floodplain Management
Ordinance conforms with the intent of
the Minimum Guidelines rNAC 365-
190-080(3)) through directly consider-
ing the effects of flooding on human
health and safety, together with effects
on public facilities and services,
through its protection standards.
3-17
SECTION 3 . LAND USE DISTRICTS
b. Relationship to Other Regulations. While
the Jefferson County Floodplain Manage-
ment Ordinance requires consistency with all
other applicable laws, in the event that a
conflict should exist the stricter standard
shall apply to the regulated development.
3.6.7 Geologically Hazardous Areas.
a. Classification/Designation.
(1) Classification. Geologically haz-
ardous areas shall be classified based
upon a combination of erosion,
landslide and seismic hazard.
(2) Designation. The following erosion,
landslide and seismic hazard areas
shall be subject to the standards of
this section:
i. Erosion Hazard Areas. Areas
containing soils or soil com-
plexes described and mapped
within the United States Depart-
ment of Agriculture/ Soil
Conservation Service Soil
Survey for Jefferson County as
having a severe or very severe
erosion hazard potential.
Landslide Hazard Areas. Areas
potentially subject to mass
movement due to a combination
of geologic, topographic and
hydrologic factors including:
A. Areas of historic failures or
potentially unstable slopes,
such as:
1. areas described and
mapped as having
severe or very severe
building limitations for
dwellings without
basements within the
United States Depart-
ment of Agriculture/
Soil Conservation
Service Soil Survey
for Jeffi~rson County,
areas described and
mapped as recent or
old landslides or
slopes of unstable
materials within the
Washington State
Department of
Ecology Coastal Zone
3-18
Atlas of Jefferson
County; and
areas described and
mapped as areas of
poor natural stability,
former landslides and
recent landslides by
the Washington State
Department of Natural
Resources, Division
of Geology and Earth
Resources.
8. Areas potentially unstable
as a result of rapid stream
incision, stream bank
erosion, or undercutting by
wave action; and
C. Areas with any indications
of earth movement, such
as:
1. rockslides;
2. earthflows;
3. mudflows; and
4. landslides.
iii. Seismic Hazard Areas. Areas
subject to severe risk of damage
as a result of earthquake
induced ground shaking, slope
failure, settlement, soil lique-
faction, or surface faulting.
These areas are identified by
the presence of: poorly drained
soils with greater than fifty
percent (50%) silt and very little
coarse material; loose sand or
gravel, peat, artificial fill and
landslide materials; or soil units
with high organic content.
Sources Used for Identification.
Sources used to identify geologically
hazardous areas include, but are not
limited to:
i. United States
Agriculture/Soil
Service, Soil
Jefferson County.
Washington State Department of
Ecology, Coastal Zone Atlas.
iii. Washington State Department of
Natural Resources, Slope
Stability and Geologic Maps of
Eastern Jefferson County.
3.
ii.
(3)
Department of
Conservation
Survey for
2.
ii.
Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
b.
iv. Washington State Department of
Natural Resources, Geographic
Information System: Soil Survey.
Washington State Department of
Natural Resources, Geologic
Maps of Eastern Jefferson
County, Compressibility of Earth
Materials in Eastern Jefferson
County.
vi. United States Department of the
Interior, USGS Quad Maps.
(4) Geologic Hazard Area Maps. The
maps prepared by the County using
the identification sources listed in this
section have been produced for infor-
mational purposes only and are not
regulatory devices forming an integral
part of this ordinance.
Protection Standards.
(1) General. Application for a project on a
parcel of real property containing a
designated geologically hazardous
area or its buffer shall adhere to the
requirements set forth below.
(2) Drainage and Erosion Control.
i. An applicant submitting a project
application shall also submit,
and have approved, a drainage
and erosion control plan, as
specified in this section, when
the project application involves
either of the following:
A. The alteration of a geo-
logically hazardous area or
its buffer; or
B. The creation of a new
parcel within a known geo-
logically hazardous area.
Drainage and erosion control
plans required under this section
shall discuss, evaluate and
recommend methods to mini-
mize sedimentation of adjacent
properties during and after
construction.
iìi. Surface. drainage shall not be
directed across the face of a
marine bluff, landslide hazard or
ravine. The applicant must
demonstrate that the stormwater
discharge cannot be accom-
modated onsite or upland by evi-
dence of a geotechnical report,
v.
-
ii.
-
Unified Development Code
Section 3 . Land Use Districts
(3)
unless waived by the Admini-
strator. If drainage must be
discharged from a bluff to
adjacent waters, it shall be
collected above the face of the
bluff arid directed to the water by
tight line drain and provided with
an energy dissipating device at
the shoreline, above OHWM.
iv. In addition to any erosion control
methods specified in the
drainage and erosion control
plan, the Administrator may
require hydroseeding of
exposed or disturbed areas.
Clearing and Grading.
i. In addition to the general
clearing and grading provisions
in Section 6, the following
provisions shall also apply:
A. Clearing within geologically
hazardous areas shall be
allowed only from April 1 to
November 1, unless the
applicant demonstrates that
such activities would not
result in impacts contrary to
the protection requirements
herein;
B. Only that clearing neces-
sary to install temporary
sedimentation and erosion
control measures shall
occur prior to clearing for
roadways or utilities;
C. Clearing limits for roads,
septic, water and storm-
water utilities, and tempo-
rary erosion control facilities
shall be marked in the field
and approved by the
Administrator prior to any
alteration of existing native
vegetation;
D. Clearing for roads and
utilities shall remain within
construction limits which
must be marked in the field
prior to commencement of
site work; and
E. The authorized clearing for
roads and utilities shall be
the minimum necessary to
3-19
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SECTION 3 . LAND USE DISTRICTS
-../
(4)
accomplish project specific
engineering designs and
shall remain within ap-
proved rights-of-way.
The following provísions regard-
ing grading shall apply:
A. An applicant submitting a
project application shall also
submit, and have approved,
a grading plan, as specified
in this section, when the
application involves either
of the following:
1. The alteration of a
geologically hazard-
ous area or its buffer;
or
2. The creation of a new
parcel within a known
geologically hazard-
ous area.
B. Excavation, grading and
earthwork construction
regulated under this section
shall only be allowed from
April 1 to November 1,
unless the applicant demon-
strates that such activities
would not result in impacts
contrary to the protection
requirements herein.
Vegetation Retention. The following
provisions regarding vegetation
retention shall apply:
i. During clearing for roadways
and utilities, all trees and
understory lying outside of
approved construction limits
shall be retained: Provided that
understory damaged during
approved clearing operations
may be pruned.
Damage to vegetation retained
during initial clearing activities
shall be minimized by directional
felling of trees to avoid
environmentally sensitive areas
and vegetation to be retained.
iii. Retained trees, understory and
stumps may subsequently be
cleared only if sllch clearing is
necessary to complete the
ii.
ii.
3-20
(5)
proposal involved in the
triggering application.
Buffer Marking. The location of the
outer extent of landslide hazard area
buffers shall be marked in the field as
follows:
i. A permanent physical separation
along the boundary of the
landslide hazard area shall be
installed and permanently
maintained. Such separation
may consist of logs, a tree or
hedge row, fencing, or other
prominent physical marking
approved by the Administrator.
Buffer perimeters shall be
marked with temporary signs at
an interval of one per parcel or
every one hundred (100) feet,
whichever is less. Signs shall
remain in place prior to and
during approved construction
activities. The signs shall
contain the following statement:
"Landslide Hazard Area & Buffer
- Do Not Remove or Alter Exist-
ing Native Vegetation."
iii. In the case of short plat, long
plat, binding site plan or site
plan approvals under this Code,
the applicant shall include on the
face of any such instrument the
boundary of the landslide hazard
area and its buffer.
Buffers - Standard Requirements.
The following landslide hazard area
buffer provisions shall apply:
i. Buffer areas shall be required to
provide sufficient separation
between the landslide hazard
area and the adjacent proposed
project.
The appropriate width of the
landslide hazard area buffer
shall be determined by either:
application of the standard
buffer width set forth below; or,
by acceptance of a geotechnical
report meeting the criteria of this
section.
iii. Buffers shall remain naturally
vegetated. Where buffer
disturbance has occurred during
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ii.
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(6)
ii.
Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
........
,....
(7)
construction, replanting with
native vegetation shall be
required.
iv. Buffers shall be retained in their
natural condition, however,
minor pruning. of vegetation to
enhance views may be
permitted by the Administrator
on a case by case basis.
All buffers shall be measured
perpendicularly from the top, toe
or edge of the landslide hazard
area boundary.
vi. A standard buffer of thirty (30)
feet shall be established from
the top, toe and all edges of
landslide hazard areas.
Reducing Buffer Widths. The
Administrator may reduce the standard
landslide hazard area buffer width only
when the project applicant
demonstrates, to the satisfaction of the
Administrator, that the project cannot
meet the required setback. The
reduced buffer must adequately
protect the proposed project and the
landslide hazard area to the maximum
extent possible. Under no circum-
stances shall the buffer width be
reduced to less than fifteen (15) feet.
Increasing Buffer Widths. The
Administrator may increase the
standard landslide hazard area buffer
width when a larger buffer is
necessary to . protect the proposed
project and the landslide hazard area.
This determination shall be made
when the Administrator demonstrates
anyone of the following through
appropriate documentation:
i. The landslide area is unstable
and active.
The adjacent land is susceptible
to severe landslide or erosion,
and erosion control measures
will not effectively protect the
proposed project or the landslide
hazard area.
iii. The adjacent land has minimal
vegetative cover.
Geotechnical Report.
i. An applicant submitting a project
application shall submit, and
v.
(B)
ii.
(9)
Unified Development Code
Section 3 . Land Use Districts
ii.
have approved, a geotechnical
report, as specified in Section
3.6.10 of this Code, when the
application involves any of the
following:
A. The alteration of a landslide
hazard area or its buffer.
B. The creation of a new
parcel within a known
landslide hazard area.
C. The construction of a
publicly owned facility in a
designated seismic hazard
area.
Where a geotechnical report is
required for a landslide hazard
area, the project application
shall not be approved unless the
geotechnical report certifies all
of the following:
A. There is minimal landslide
hazard as proven by a lack
of evidence of landslide
activity in the vicinity in the
past;
B. An analysis of slope stability
indicates that the proposal
will not be subject to risk of
landslide, or the proposal or
the landslide hazard area
can be modified so that haz-
ards are eliminated;
C. The proposal will not
increase surface water dis-
charge or sedimentation to
adjacent properties beyond
predevelopment conditions;
D. The proposal will not
decrease slope stability on
adjacent properties; and
E. All newly created building
sites will be stable under
normal geologic conditions
(if applicable).
Where a geotechnical report is
required for a seismic hazard
area, the project application
shall not be approved unless the
geotechnical report demon-
strates that the proposed project
will adequately protect the public
safety.
iii.
3-21
SECTION 3 . LAND USE DISTRICTS
Conditions.
(1) General. In granting approval for a
project application subject to the
provisions of this section, the
Administrator may require mitigating
conditions that will, in the
Administrator's judgment, substantially
secure the objectives of this section.
(2) Basis for Conditions. All conditions
of approval required pursuant to this
section shall be based upon either the
substantive requirements of this
section or the recommendations of a
qualified professional, contained within
a special report required under this
section.
3.6.8 Fish and Wildlife Habitat Areas.
a. Classification/Designation. Fish and
wildlife habitat areas (FWHAs) include both
aquatic and terrestrial areas within Jefferson
County. The approximate location and
extent of critical fish and wildlife habitat
areas are displayed in the Washington
Department of Fish & Wildlife's (WDFW)
Priority Habitat and Species (PHS) Program
database. The following designations shall
be used in classifying ESAs to be regulated
under this section.
(1) All seasonal ranges and habitat
elements with which state-listed
candidate and monitor species or
priority game and non-game species
have a primary association.
(2) All habitats with which species of local
importance have a primary
association.
(3) Those waters that meet the criteria for
type 1, 2, 3, 4 and 5 streams as set
forth in Chapter 222-16-030 WAC.
(4) Areas with which federal or state
endangered, threatened, and sensitive
species of fish and wildlife have a
primary association.
b. Sources Used for Identification. Sources
used to identify fish and wildlife habitat
areas include, but are not limited to:
(1) United States Department of the
Interior, Fish and Wildlife Service,
National Wetlands Inventory.
(2) Washington State Department of
Natural Resources, Water Type Index
Maps.
c.
3-22
c.
(3) Washington State Department of Fish
and Wildlife, Non-Game and Priority
Habitatsßnd Species Data Bases.
Fish and Wildlife Habitat Area Maps. The
above maps have been produced for
informational purposes only and are not
regulatory devices forming an integral part of
this section.
Exempt Activities; The following uses shall
be allowed within a FWHA or its buffer, if
they are not prohibited by any other law,
provided they are conducted so as to
minimize any impact on the function and
character of the FHWA or its buffer, and
provided they are consistent with any
County-approved Habitat Management Plan
or other Special Report required by this
section, or any state or federally approved
management plan for an endangered,
threatened, or sensitive species.
(1) Reconstruction of structures destroyed
by fire or other means, provided that
completed application for reconstruc-
tion occurs within the previous
structural footprint and within two (2)
years of the destruction. This provision
is intended to apply only to that portion
of a building which lies within a FWHA
or its buffer.
(2) The removal of noxious weeds from
buffer areas. .
(3) Ongoing and existing activities (such
as lawn and garden maintenance).
(4) The enhancement of a. buffer by
planting indigenous vegetation.
(5) The construction of trails which shall
be unpaved when located in the buffer
areas and elevated when located in
wetlands, which are not intended for
motorized use, and which are no wider
than five (5) feet, unless additional
width is necessary for safety along a
precipice, steep hillside, or other
hazardous area.
(6) Harvesting wild crops which do not
significantly affect the viability of the
wild crop, the function of the Fish and
Wildlife Habitat Area or regulated
buffer (does not include tilling of soil or
alteration of the Fish and Wildlife
Habitat Area).
(7) Any of the General Exemptions
authorized by Section 3.6.4.
d.
Unified Development Code
Section 3 . Land Use Districts
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-/
-
SECTION 3 . LAND USE DISTRICTS
-
-
e.
Regulated Activities. Any land use or
development activity which is subject to a
development permit or approval require-
ments of this Code shall be subject to the
provisions of this Section. These include, but
are not limited to the following activities
which are directly undertaken or originate in
a FWHA or its buffer, unless exempted.
(1) Stream Crossings. All stream
crossings should be discouraged and
alternatives should be explored. Any
private or public road expansion or
construction which is proposed and
must cross streams classified within
this Section, shall comply with the
following minimum development
standards:
i. The design of stream crossings
shall meet the requirements of
the Washington Department of
Fish and Wildlife. Fish passage
shall be provided, if necessary
to address man-made obstruc-
tions onsite. Other alternatives
may be allowed upon a showing
that, for the site under review,
the alternatives would be less
disruptive to the habitat or that
the necessary building foun-
dations were not feasible.
Submittal of a Habitat Manage-
ment Plan which demonstrates
that the alternatives would not
result in significant impacts to
the Fish and Wildlife Habitat
Area (FWHA) may be required;
Crossings shall not occur in
salmonid spawning areas unless
no other reasonable crossing
site exists. For new development
proposals, if existing crossings
are determined to adversely
impact salmon spawning or
passage areas, new or
upgraded crossings shall be
located as determined neces-
sary through coordination with
the Washington State Depart-
ment of Fish and Wildlife;
iii. Bridge piers or abutments shall
not be placed either within the
floodway or between the ordi-
nary, high water marks unless
no other reasonable alternative
placement exists;
(3)
(2)
iv. All stream crossings shall be
required to pass 100-year
projected flood flows, even in
non~sh bearing Type 4 and 5
streams. In addition, crossings
for Type 1, 2 or 3 should allow
for downstream transport of
large woody debris;
Crossings shall serve multiple
properties whenever possible;
and
vi. Where there is no reasonable
alternative to providing a culvert,
the culvert shall be the minimum
length necessary to accom-
modate the permitted activity.
All land divisions, as allowed by
Section 7, or as a PRRD as regulated
in Section 3 of this Code, shall comply
with the following development
standards:
i. In order to avoid the creation of
non-conforming lots, each new
lot shall contain at least one
building site that meets the
requirements of this Code,
including buffer requirements for
FWHAs. This site must also
have access and a sewage
disposal system location that are
suitable for development and
does not adversely impact the
FWHA.
After preliminary approval and
prior to final land division
approval, the common boundary
between a required buffer and
the adjacent property shall be
identified using appropriate
signs as specified in this
Section. In lieu of signs, alter-
native methods of buffer identi-
fication may be approved when
such methods are determined by
the Administrator to provide
adequate identification to the
buffer and the FWHA.
iii. Buffer areas shall be dedicated
as permanent open space tracts,
functioning as sensitive areas
buffers.
Utilities. Placement of utilities within
designated Fish and Wildlife Habitat
v.
ii.
ii.
Unified Development Code
Section 3 . Land Use Districts
3-23
n_-
SECTION 3 . LAND USE DISTRICTS
Areas may be allowed pursuant to the
following standards:
i. Construction of utilities may be
permitted in FWHAs or their
buffers, only when no prac-
ticable or reasonable alternative
location is available and the
utility corridor meets the require-
ments for installation, replace-
ment of vegetation and
maintenance outlined below.
Utilities are encouraged to follow
existing or permitted roads
where possible.
Construction of sewer lines or
on-site sewage systems are not
permitted in FWHAs or their
buffers, except that they may be
permitted in a buffer area when
the applicant demonstrates it is
necessary to meet state and/or
local health code requirements;
there are no other practicable
alternatives available; and con-
struction meets the requirement
of this Section. Joint use of the
sewer utility corridor by other
utilities may be allowed.
New Utility Corridors shall not be
allowed in FWHAs with known
locations of federal- or state-
listed endangered, threatened or
sensitive species, except in
those circumstances where an
approved Habitat Management
Plan is in place.
iv. Utility corridor construction and
maintenance shall protect the
environment of Fish and Wildlife
Habitat Areas and their buffers.
A. New utility corridors shall be
aligned when possible to
avoid cutting trees greater
than twelve (12) inches in
diameter at breast height
(four and one-half feet)
measured on the uphill side.
B. New utility colrridors shall be
revegetated with appropri-
ate native ve!~etation at not
less than pre-construction
vegetation densities or
greater, immediately upon
completion of construction
(4)
or as soon thereafter as
possible due to seasonal
growing constraints. The
utility shall ensure that such
vegetation survives for a
three-year period.
Utility towers should be painted
with brush, pad or roller and
should not be sandblasted or
spray-painted, nor shall lead-
base paints be used.
Bank Stabilization. A stream channel
and bank, bluff, and shoreline may be
stabilized when naturally occurring
earth movement threatens existing
legal structures (structure is defined
for this purpose as those requiring a
Building Permit pursuant to the
Uniform Building Code), public
improvements, unique natural
resources, public health, safety or
welfare, or the only feasible access to
property, and, in the case of streams,
when such stabilization results in
maintenance of fish habitat or.
improved water quality. Bluff, bank
and shoreline stabilization shall follow
the standards of the Jefferson County
Shoreline Master Program,
Geologically Hazardous Areas
provision in this Section, and the
Floodplain Management Ordinance.
The Administrator may require that
bank stabilization be designed by a
professional engineer licensed in the
State of Washington with demon-
strated expertise in hydraulic actions
of shorelines. For bank stabilization
projects within FWHAs, emphasis
shall be placed on bioengineering
solutions (vegetation versus hard
surfaces) unless proved by the
applicant to be infeasible. Bank
stabilization projects may also require
a Hydraulic Project Approval from the
Washington Department of Fish and
Wildlife which will be determined after
consultation with WDFW.
Gravel Mining. Gravel mining is
discouraged within FWHAs or their
buffers, and it shall not be permitted if
it causes unmitigatable significant
adverse impacts, but it may be
allowed following the review and
approval of a Habitat Management
v.
ii.
iii.
(5)
3-24
Unified Development Code
Section 3 . Land Use Districts
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"......
SECTION 3 . LAND USE DISTRICTS
.-
"......
(6)
Plan, including a detailed mining and
reclamation plan pursuant to the
applicable performance standards in
Section 4 (Mineral Extraction) or as
otherwise required in this Code.
Forest Practices, Class IV General.
Timber harvesting with associated
development activity involving land
conversions from Forest Use, or
otherwise meeting the DNR definition
as a Class IV General application,
shall comply with the provisions of this
Section, including the maintenance of
buffers, where required.
Road/Street Repair and
Construction. Any private or public
road or street expansion or con-
struction which is allowed in a Fish
and Wildlife Habitat Area or its buffer
shall comply with the following
minimum development standards:
i. No other reasonable or
practicable alternative exists and
the proposed road or street
serves multiple properties
whenever possible;
Public and private roads are
encouraged to provide for other
purposes, such as utility
crossings, pedestrian or bicycle
easements, viewing points, etc.;
and
iii. The road or street construction
is the minimum necessary, as
required by the Department of
Public Works' guidelines. Mini-
mum necessary provisions may
include projected level of service
requirements.
iv. Construction time limits shall be
determined in consultation with
the Washington Department of
Fish and Wildlife in order to
ensure species and habitat
protection.
Outdoor Recreation, Education and
Trails. Activities and improvements
which do not significantly affect the
function of the Fish and Wildlife
Habitat Area or regulated buffer
(including viewing structures, outdoor
scientific or interpretive facilities, trails,
hunting blinds, etc.) may be permitted
in FWHAs or their buffers.
f.
(7)
Trails and other facilities shall, to
the extent feasible, be placed on
existing road grades, utility
corridors, or other previously
disturbed areas;
Trails and other facilities shall be
planned to minimize removal of
trees, shrubs, snags and
important wildlife habitat;
iii. Viewing platforms, interpretive
centers, benches and access to
them, shall be designed and
located to minimize impacts to
wildlife, fish, or their habitat
and/or critical characteristics of
the affected conservation area.
iv. Trails, in general, shall be set
back from streams so that there
will be minimal impact to the
stream from trail use or
maintenance. Trails shall be
constructed with pervious
surfaces when feasible and trails
within a FWHAs are not
intended to be used by
motorized vehicles.
(9) Chemicals Application or Storage.
Chemical applications are not
permitted within FWHAs unless
expressly approved as part of a farm
plan, forest practices application, or for
the control of invasive or -noxious
plant species. In cases where
approved chemical applications occur
as part of a forest practices application
or farm plan, proper reporting
procedures shall be followed.
Chemical storage shall not be
permitted within a FWHA or its buffer.
General Prohibitions. No land use or
development activity, even if the activity
does not require a permit, shall be allowed
that alters the function or character of the
FWHA or its buffer. This includes, but is not
limited to activities involving:
(1) The removal, excavation, grading,
dumping, discharging, or filling of any
material unless part of a project which
has been permitted pursuant to this
Section.
(2) The destruction or alteration of
FWHAs or their buffers through
clearing, grading, harvesting, shading,
intentional burning, vegetation removal
i.
ii.
ii.
(8)
Unified Development Code
Section 3 . Land Use Districts
3-25
--..-----
SECTION 3 . LAND USE DISTRICTS
3-26
g.
or planting of vegetation that would
alter the character of the FWHA or
buffer, unless part of a project which
has been permitted pursuant to this
Section.
(3) New residential, commercial or
industrial development or construction,
unless exempted or provided for
elsewhere in this Section.
Protection Standards.
(1) General. Application for a project on a
parcel of real property containing a
designated FWHA or its buffer shall
adhere to the requirements set forth
below.
(2) Drainage and Erosion Control. An
applicant submitting a project
application shall also submit, and have
approved, a drainage and erosion
control plan, as specified in this
Section.
(3) Grading. An applicant submitting a
project application shall also submi,t,
and have approved, a grading plan, as
specified in this Section.
(4) Vegetation Retention. The following
provisions regarding vegetation
retention shall apply:
i. All trees and understory lying
outside of road rights-of-way and
utility easements shall be
retained (except for hazard
trees) during clearing for road-
ways and utilities, provided that
understory damaged during
approved clearing operations
may be pruned.
Damage to vegetation retained
during initial clearing activities
shall be minimized by directional
felling of trees to avoid critical
areas and vegetation to be
retained.
iii. Retained trees, understory and
stumps may subsequently be
cleared only if such clearing is
necessary to complete the
proposal involved in the project
application.
(5) Buffers - Standard Requirements.
Fish and Wildlife Habitat Areas shall
have Buffers and Building Setbacks
established.
ii.
-.../
Table 3-2.
Buffers or setbacks shall be
maintained along the perimeter
of Fish and Wildlife Habitat
Areas. Buffer distances associ-
ated with streams shall be
measured horizontally from the
ordinary high water mark
(OHWM). All other buffer
distances shall be measured
horizontally from the established
FWHA perimeter.
A building setback line of five (5)
feet is required from the edge of
any buffer area.
iii. Buffers shall be retained in their
natural condition, however,
minor pruning of vegetation to
enhance views or provide
access may be permitted as
long as the function and
character of the buffer are not
diminished.
iv. Streams with adjacent riparian
wetland habitats shall be subject
to the buffer widths which apply
to their wetland class or the
standard streamside buffer
widths set forth below, which-
ever is more restrictive.
Standard streamside buffer
widths shall be applied to each
side of the stream in accordance
with Table 3-2.
Standard Streamside Buffers.
..../
i.
ii.
v.
Stream Type
Buffer Widths
Type 1 & 2 150 ft
Type 3 100 ft
Type 4 100 ft
Type 5 50 ft
Note: Stream type shall be determined using the criteria
set forth in Chapter 222-16-030 WAC.
(6)
Reducing Buffer Widths. The
Administrator may reduce the standard
buffer widths when the project
applicant demonstrates the following
to the satisfaction of the Administrator:
i. Standard buffer function will be
preserved through such mech-
anisms as buffer averaging or
enhancement with native
vegetation.
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Unified Development Code
Section 3 . Land Use Districts
-
SECTION 3 . LAND USE DISTRICTS
(7)
.-..
-
A Habitat Management Plan is
required for all buffer width
reductions, including buffer
averaging.
iii. Under no circumstances shall
buffer widths be reduced by
more than twenty-five (25)
percent.
Increasing Buffer Widths. The
Administrator may increase the stan-
dard buffer width when a larger buffer
width is necessary to protect the
structure, function and character of
FWHAs. The buffer may be increased
or other protections provided in order
to prevent a significant adverse
environmental impact to the function
or character of the FWHA by a
proposed land use or development
activity .
This determination shall be supported
by appropriate documentation. Such
determination shall be attached as
permit condition and shall demonstrate
that:
. width which extends twenty-five
(25) feet beyond the top of the
slope, whichever is greater.
Averaging Buffer Widths. The
Administrator may modify the standard
buffer widths by averaging. Buffer
width averaging shall be allowed only
when an individual or firm meeting the
criteria of Section 3.6.10(i)(2)
demonstrates all of the following to the
satisfaction of the Administrator:
i. Width Averaging will not
adversely impact the function or
character of the designated
FWHA.
The total area contained within
the buffer after averaging is not
less than that contained within
the standard buffer prior to
averaging.
Hi. The standard buffer width has
not been reduced by more than
twenty-five (25) percent.
iv. A Habitat Management Plan
shall be prepared to justify buffer
width averaging.
Buffer Marking. Upon approval of the
habitat management plan, the location
of the outer extent of required buffers
shall be marked in the field as follows:
i. A permanent physical separation
along the boundary of the buffer
area shall be installed and
permanently maintained. Such
separation may consist of logs,
a tree or hedge row, or other
prominent physical marking
approved by the Administrator.
Buffer perimeters shall be
marked with temporary signs at
an interval of one per parcel or
every one hundred (100) feet,
whichever is less. Signs shall
remain in place prior to and
during approved construction
activities. The signs shall
contain the following statement:
"Buffer - Do Not Remove
or Alter Existing Native
Vegetation."
iii. In the case of short plat, long
plat, binding site plan, and site
plan approvals under this Code,
ii.
(8)
ii.
i.
A larger buffer is necessary to
maintain viable populations or
critical habitat of endangered,
threatened, or sensitive species;
or
The adjacent land is susceptible
to severe erosion and erosion
control measures will not effect-
tively prevent adverse impacts
to the FWHA; or
Increasing the vegetation area
widths will only be done as
necessary to preserve the
structure, function and character
of the FWHA.
If the FWHA lies within an area
where there is evidence ofa
migrating stream or river
channel, increased protection
will be necessary. Based upon
site habitat conditions and
species presence, the buffer
may be extended.
If streams are located in ravines
(45% slope or greater), the
minimum buffer width shall be
the minimum buffer required for
the stream type, or a buffer
ii.
(9)
ii.
iii.
iv.
v.
Unified Development Code
Section 3 . Land Use Districts
3-27
SECTION 3 . LAND USE DISTRICTS
3.6.9
3-28
h.
the applicant shall include on the
face of any such instrument the
boundary of the streamside
buffer area.
iv. The applicant may also choose
to dedicate the buffer through a
conservation easement or deed
restriction that shall be recorded
with the Jefferson County
Auditor. Such easements or
restrictions shall, however, use
the forms approved by the.
Prosecuting Attorney.
Conditions.
(1) General. In granting approval for a
project application subject to the
provisions of this section, the
Administrator may require mitigating
conditions that will, in the Admini-
strator's judgment, substantially
secure the objectives of this section.
(2) Basis for Conditions. All conditions
of approval required pursuant to this
section shall be based upon either the
substantive requirements of this
section or the recommendations of a
qualified professional utilizing best
available science, contained within a
special report required under this
section.
Wetlands.
Classification/Designati on.
(1) Classification. Wetlands shall be
classified using the Washington State
Department of Ecology's Wetland
Rating System for Western Washing-
ton, 2nd Edition, 1993. Wetland
delineations shall be determined by
using the Washington State Wetlands
Identification and Delineation Manual,
March 1997, or as amended hereafter.
(2) Designation. As determined using the
Washington State Department of
Ecology's Wetland Rating System for
Western Washington, 2nd Edition,
1993, all Category I wetlands,
Category" wetlands 2,500 square feet
or larger in size and Category III and
IV wetlands 1 0,000 square feet or
larger in size, shall be subject to the
standards of this section.
(3) Sources Used for Identification.
Sources used to identify designated
a.
-.../
wetlands include, but are not limited
to:
b.
United States Department of the
Interior, Fish and Wildlife
Service, National Wetlands
Inventory.
Areas identified as hydric soils,
soils with significant soil inclu-
sions and "wet spots" within the
United States Department of
AgriculturelSoil Conservation
Service Soil Survey for Jefferson
County.
iii. Washington State Department of
Natural Resources, Geographic
Information System: Hydro-
graphy and Soils Survey Layers.
(4) Wetland Maps. The wetland maps
prepared by the County have been
produced for informational purposes
only and are not regulatory devices
forming an integral part of this section.
Regulated Activities. Any land use or
development activity shall be subject to the
provisions of this Section, including but not
limited to the following activities which are
directly undertaken or originate in a
regulated wetland or its buffer, unless
exempted:
(1) The removal, excavation, grading, or
dredging of material of any kind,
including the construction of ponds
and trails;
(2) The dumping, discharging, or filling of
any material;
(3) The draining, flooding, or disturbing of
the wetland water level or water table;
The driving of pilings;
The placing of obstructions;
The construction, reconstruction,
demolition, or expansion of any
structure;
(7) The destruction or alteration of
wetland vegetation through clearing,
harvesting, shading, intentional burn-
ing, application of herbicides or
pesticides, or planting of vegetation
that would alter the character of a
regulated wetland, provided that these
activities are not part of a forest
practice governed under Chapter
---/
i.
ii.
-..../
(4)
(5)
(6)
Unified Development Code
Section 3 . Land Use Districts
"'"
SECTION 3 . LAND USE DISTRICTS
(2)
Existing and ongoing agricultural
activities.
vi. Normal maintenance, but not
construction, òf drainage
ditches.
vii. Use of existing nature trails.
viii. Installation of navigation aids
and boundary markers.
ix. Site investigative work neces-
sary for a project application
submittal, such as surveys, soil
logs, percolation tests, and other
related activities. In every case,
wetland impacts shall be
minimized and disturbed areas
shall be immediately restored.
Drilling or digging and main-
tenance of wells, provided that
wetland impacts are minimized
and disturbed areas are immedi-
ately restored.
Wetland Buffers. In addition to those
activities allowed in regulated wet-
lands in this Section, the following
activities are allowed within wetland
buffers without having to meet the
protection standards, or requirements
for wetland studies or mitigation set
forth in this section, provided that
impacts to buffers are minimized and
that disturbed areas are immediately
restored except as specifically allowed
in subsection (2).1, below.
i. In association with a single
family residence only, the
establishment and expansion of
lawns, landscaping, orchards,
gardens, and fences, provided
that:
A.
x.
c.
76.09 RCW (Forest Practices Act) and
its rules; or
(8) Activities that result in:
i. A significant change of water
temperature;
A significant change of physical
or chemical characteristics of
wetlands water sources,
including quantity; or
iii. The introduction of pollutants.
Exempt Activities.
(1) Wetlands. The following uses shall be
allowed within a regulated wetland
without having to meet the protection
standards, or requirements for wetland
studies or mitigation set forth in this
section, if they are not prohibited by
any other law. However, forest prac-
tices and conversions are governed by
Chapter 76.09 RCW and its rules.
i. Normal maintenance, repair, or
operation of existing structures,
facilities, or improved areas,
such as on-site septic systems,
lawns, landscaping, orchards,
gardens, trails, and driveways.
Maintenance and repair do not
include any modification that
changes the character, scope,
or size of the original structure,
facility, or improved area, and do
not include the construction of a
maintenance road.
Modification or expansion of
existing uses and structures,
pursuant to the requirements of
the nonconforming use and
structure provisions of this
Code.
Hi. Outdoor recreational activities,
including hunting and fishing
(pursuant to state law),
birdwatching, hiking, bicycling,
boating, and swimming.
iv. The harvesting of wild crops in a
manner that is not injurious to
natural reproduction of such
crops and provided the
harvesting does not require
tilling soil, planting crops, or
changing existing topography,
water conditions, or water
sources.
v.
ii.
"'"
ii.
~
Lawns, landscaping, or-
chards, and gardens shall
be allowed within the outer
25 percent of the buffer
width where no reasonable
alternative is available. No
structure other than fences
nor any impervious surface
shall be included in the
above; and
B. Fences shall be designed to
allow the unimpeded pas-
sage of surface water
beneath them.
Unified Development Code
Section 3 . Land Use Districts
3-29
SECTION 3 . LAND USE DISTRICTS
d.
Activities having minimal
adverse impacts on buffers and
no adverse impacts on regulated
wetlands. These include low
intensity, passive recreational
activities, such as pervious
trails, nonpermanent wildlife
watching blinds, scientific or
educational activities, and sports
fishing or hunting. Trails within
buffers shall be designed to
minimize impacts to the wetland,
and shall not include any
impervious surfaces.
Hi. Within the buffers of Category III
and IV wetlands only, vege-
tation-lined swales designed for
stormwater management or
conveyance when topographic
restraints determine there are no
other upland alternative loca-
tions. Swales used for detention
purposes may only be placed in
the outer 25 percent of the
buffer. Conveyance swales may
be placed through the buffer, if
necessary.
Protection Standards.
(1) General. Application for a project on a
parcel of real property containing a
designated wetland or its buffer shall
adhere to the requirements set forth
below.
(2) Delineation. An applicant submitting a
project application shall also submit,
and have approved, a wetland
delineation report as specified in
Section 3.6.10Q). Additionally, the
following provisions shall apply:
i. The location of the wetland and
its boundary shall be determined
through the performance of a
field investigation utilizing the
methodology contained in the
Washington Stélte Wetlands
Identification and Delineation
Manual, March 1997, or as
amended hereafter.
If the wetland is located off of
the property involved in the
project application and is
inaccessible, the best available
information shall be used to
ii.
ii.
3-30
iii.
determine the wetland boundary
and class.
After approval of the delineation
report, the wetland boundary
shall be staked and flagged in
the field.
This requirement may be waived
under the following circum-
stances:
A. Single-Family Residences.
The requirement for a
wetland delineation and
special report may be
waived for construction of a
single-family residence on
an existing lot of record if
field investigation by County
staff indicates the following:
1. Sufficient information
exists for staff to
estimate the boun-
daries of a wetland
without a delineation;
and
The single-family resi-
dence and all acces-
sory structures and
uses are not pro-
posed to be located
within the distances
identified in Table 3-3,
below, from the
estimated wetland
boundary.
B. Subdivisions and Short
Subdivisions. The require-
ment for a wetland delinea-
tion and special report will
be waived for subdivisions
and short subdivisions of an
existing lot of record if field
investigation by County staff
indicates the following:
1. Sufficient information
exists for staff to
estimate the boun-
daries of a wetland
without a delineation;
and
Building envelopes or
building setback lines
are not proposed to
be located within the
iv.
2.
2.
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Section 3 . Land Use Districts
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Table 3-3.
distances identified in
Table 3-3, below, from
the estimated wetland
boundary.
Minimum Wetland Buffers Necessary
as part of Qualifying for a Waiver from
Delineation and Special Report
Requirements.(1.2.3)
Required Distance from
Estimated Wetland Boundary
(feet)(4)
Wetland
Category
I
II
III
IV
225
150
75
37
Notes:
1.
These buffers are one part of the compl,ete
requirements necessary to qualify for a waiver. See
Section 3.6.9.d.2 above.
These are not standard wetland buffers: they are
optional buffers for cases when a delineation is not
made. These minimum waiver buffers, shown in Table
3-3, are 1.5 times the standard buffer widths identified
in this section. If a single-family residence, building
envelope, or setback line in a subdivision is proposed
to be closer to the wetland than the distance identified
in the table, a wetland delineation report must be
performed.
The same opportunities for exemption from delineation
shall apply to uncategorized wetlands. The Department
of Community Development shall be responsible for
determining the wetland category.
The following shall not be located within the distances
identified in the table: 1) single-family residences and
all accessory structures and uses; 2) subdivision
building envelopes and setback lines.
(3) Drainage and Erosion Control. An
applicant submitting a project
application shall also submit, and have
approved, a drainage and erosion
control plan as specified in this
Section. The plan shall discuss,
evaluate and recommend methods to
minimize sedimentation of designated
wetlands during and after construction.
(4) Buffer Marking. Upon approval of the
delineation report the location of the
outer extent of the wetland buffer shall
be marked in the field as follows:
i. A permanent physical separation
along the upland boundary of
the wetland buffer area shall be
installed and permanently main-
(5)
2.
3.
4.
Unified Development Code
Section 3 . Land Use Districts
tained. Such separation may
consist of logs, a tree or hedge
row, or other prominent physical
marking approved by the
Administrator.
Buffer perimeters shall be
marked with temporary signs at
an interval of one per parcel or
every one hundred (100) feet,
whichever is less. Signs shall
remain in place prior to and
during approved construction
activities. The signs shall
contain the following statement:
"Wetland & Buffer - Do Not
Remove or Alter Existing Native
Vegetation."
In the case of short plat, long
plat, binding site plan, and site
plan approvals under this Code,
the applicant shall include on the
face of any such instrument the
boundary of the wetland and its
buffer.
iv. The applicant may also choose
to dedicate the buffer through a
conservation easement or deed
restriction that shall be recorded
with the Jefferson County
Auditor. Such easements or
restrictions shall, however, use
the forms approved by the
Prosecuting Attorney.
Buffers - Standard Requirements.
The following buffer provisions shall
apply:
i. Buffer areas shall be required to
provide sufficient separation
between the designated wetland
and the adjacent proposed
project.
The appropriate width of the
wetland buffer shall be
determined by either:
application of the standard
buffer widths set forth below in
Table 3-4; or by variations to the
standard buffers as allowed in
Sections 3.6.9(d)(6), 3.6.9(d)(7),
or 3.6.9(d)(8), below.
Buffers shall remain naturally
vegetated except where the
vegetation has been disturbed,
invaded by highly undesirable
ii.
iii.
ii.
iii.
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SECTION 3 . LAND USE DISTRICTS
Table 3-4.
species (e.g., noxious weeds),
or would substantially benefit
from the increased diversity of
introduced species. Where
buffer disturbance has occurred
during construction, replanting
with native vegetation shall be
required. Minor pruning of
vegetation to enhance views
and removal of undesirable
species (e.g., alders) may be
permitted by the Administrator
on a case-by-case basis.
iv. All buffers shall be measured
perpendicularly from the wetland
boundary as surveyed in the
field.
Standard wetland buffer widths
shall be as established in Table
3-4.
Standard Buffer Widths for Wetlands
ii.
v.
Department demonstrates anyone of
the following through appropriate
documentation:
i. A larger buffer is necessary to
maintain viable populations of
existing species.
The wetland is used by species
listed by the Washington State
Department of Wildlife as
endangered, threatened, or
sensitive, or has documented
priority species or habitats or
essential or outstanding poten-
. tial habitat for those species, or
has unusual nesting or resting
sites (e.g., heron rookeries and
raptor nesting trees).
iii. The adjacent land is susceptible
to severe landslide or erosion,
and erosion control measures
will not effectively prevent
adverse wetland impacts.
iv. The adjacent land has minimal
vegetative cover or slopes
greater than forty-five (45)
percent.
(8) Averaging Buffer Widths. The
Administrator may modify the standard
wetland buffer widths set forth in this
section by averaging. Buffer width
averaging shall be allowed only when
an individual or firm meeting the
criteria of Subsection 3.6.100)(2)
demonstrates all of the following to the
satisfaction of the Administrator:
i. Width averaging will not
adversely impact the wetland
functional values.
The total area contained within
the wetland buffer after averag-
ing is not less than that
contained within the standard
buffer prior to averaging.
iii. The standard buffer width has
not been reduced by more than
twenty-five (25) percent.
Non-Compensatory Enhancement. Non-
compensatory enhancement are those
wetland enhancement projects which are
conducted solely to increase the functions
and values of an existing wetland and which
are not required to be conducted pursuant to
the mitigation requirements of Section
Wetland
Category
I
II
III
IV
Standard
Buffer Width
150 ft
100ft
50 ft
25 ft
(6)
Reducing Buffer Widths. The
Administrator may reduce the standard
wetland buffer widths, when the
project applicant demonstrates both of
the following to the satisfaction of the
Administrator:
i. Standard wetland buffer width
averaging as set forth in this
section is unfeasible.
The project application includes
a buffer enhancement plan using
native vegetation which sub-
stantiates that an enhanced
buffer will improvle the functional
attributes of the buffer to provide
additional protection for func-
tions and values.
Increasing Buffer Widths. The
Administrator may increase the
standard wetland buffer widths when a
larger buffer is necessary to protect
wetland functions and values based
on local conditions. This determination
shall be made only when the
E!.
ii.
ii.
(7)
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3.6.9.f, below. There are two types of non-
compensatory enhancement:
(1) Type 1 Non-Compensatory
Enhancement. Type 1 non-
compensatory enhancement projects
involve the filling, draining, or
excavating of a regulated wetland. All
applications for Type 1 non-
compensatory enhancement projects
shall be accompanied by an
enhancement plan prepared in
accordance with subsections (1 )i-.ii,
below, which demonstrates that the
proposed activities will result in an
increase in wetland functions and
values.
i. The enhancement plan must be
submitted for review and
approval by the Administrator:
The enhancement plan must
either be prepared by a qualified
wetlands consultant or accepted
in writing by the U.S. Fish and
Wildlife Service, the Washington
Department of Fish and Wildlife,
or the Washington Department
of Ecology.
(2) Type 2 Non-Compensatory
Enhancement. Type 2 non-
compensatory enhancement projects
involve wetland alterations that do not
include the filling, draining, or
excavating of a regulated wetland.
Such projects might involve the
removal of non-native plant species or
the planting of native plant species. All
applications for Type 2 non-
compensatory enhancement projects
shall be accompanied by an
enhancement plan prepared in
accordance with subsections (2)i-.iii,
below, which demonstrates that the
proposed activities will result in an
increase in wetland functions and
values.
i. The enhancement plan shall be
submitted for review and
approval by the Administrator;
The enhancement plan must
include a detailed description of
the activity including the
following information:
A. The goal of the enhance-
ment project;
ii.
ii.
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Section 3 . Land Use Districts
f.
B. What plants, if any, will be
removed or planted;
C. How the activity will be
conducted, including the
type(s) of tools or machin-
ery to be used; and
D. The qualifications of the
individual who will be
conducting the enhance-
ment activity.
Hi. The enhancement plan must
either be prepared by a qualified
wetlands consultant or accepted
in writing by the U.S. Fish and
Wildlife Service, the Washington
Department of Fish and Wildlife,
or the Washington Department
of Ecology.
Mitigation. The overall goal of mitigation
shall be no net loss of wetland function,
value, and acreage.
(1) Mitigation Sequence. Mitigation
includes avoiding, minimizing, or
compensating for adverse impacts to
regulated wetlands or their buffers.
When a proposed use or development
activity poses potentially significant
adverse impacts to a regulated
wetland or its buffer, the preferred
sequence of mitigation as defined
below shall be followed unless the
applicant demonstrates that an
overriding public benefit would warrant
an exception to this preferred
sequence.
i. Avoiding the impact altogether
by not taking a certain action < or
parts of actions on that portion
of the site which contains the
regulated wetland or its buffer;
Minimizing impacts by limiting
the degree or magnitude of the
action and its implementation;
iii. Rectifying the impact by
repairing, rehabilitating, or
restoring the affected
environment;
iv. Reducing or eliminating the
impact over time by preservation
and maintenance operations
during the life of the action; or
Compensating for the impact by
replacing, enhancing, or provid-
ii.
v.
3-33
SECTION 3 . LAND USE DISTRICTS
ing substitute resources or
environments.
(2) Compensatory Mitigation-General
Requirements. As a condition of any
permit or other approval allowing
alteration which results in the loss or
degradation of regulated wetlands, or
as an enforcement action pursuant to
Section 10 of this Code, compensatory
mitigation shall be required to offset
impacts resulting from the actions of
the applicant or any Code violator.
i. Except persons exempt under
this Section, any person who
alters or proposes to alter
regulated wetlands shall restore
or create areas of wetland
equivalent to or larger than
those altered in order to
compensate for wetland losses.
The following Table 3-5
specifies the ratios that apply to
creation or restoration which is
in-kind, on-site, and is
accomplished prior to or
concurrently with alteration:
Table 3.5. Required Replacement Ratios for
Compensatory Wetland Mitigation.
Wetland Category
Replacement Ratio(1)
I
II or III
. Forested
. Scrub-Shrub
. Emergent
IV
3:1
2:1
1.5:1
1.5:1
1 :1
Note:
1. The first number in the ratio specifies the acreage of
wetlands to be created, and the second number
specifies the acreage of wetlands proposed to be
altered or lost.
Enhancement of existing wetlands. may be considered
as compensation; but above ratios must then be
doubled.
Compensation must be completed prior to wetland
destruction, where possible.
Compensatory mitigation must follow an approved
compensatory mitigation plan pursuant to this section,
with the replacement ratios as specified above.
Compensatory mitigation must be conducted on
property which will be protected and managed to avoid
further development or degradation. The applicant or
Code violator must provide for long-term preservation
of the compensation area.
2.
3.
4.
5.
3-34
6.
The applicant shé¡tll demonstrate sufficient scientific
expertise, supervisory capability, and financial
resources, including bonding, to carry out the project.
The applicant must demonstrate the capability for
monitoring the site and making corrections if the project
fails to meet projected goals.
(3)
Compensatory Mitigation - Type,
Location, and Timing.
i. Priority will be given to in-kind,
on-site compensation if feasible
and if the wetland to be lost has
a moderate to high functional
value.
When the wetland to be
impacted is of a limited
functional value and is
degraded, compensation may be
of the wetland community type
most likely to succeed with the
highest functional value
possible.
Out-of-kind compensation may
be allowed when out-of-kind
replacement will best meet
identified goals (for example,
replacement of historically
diminished wetland types).
Where out-of-kind replacement
is accepted, greater acreage
replacement ratios may be
required to compensate for lost
functional values.
iv. Off-site compensation can be
allowed only if:
A. On-site compensation is not
feasible due to hydrology,
soils, waves, or other
factors;
B. On-site compensation is not
practical due to probable
adverse impacts from
surrounding land uses;
C. Potential functional values
at the site of the proposed
restoration are significantly
greater than the lost
wetland functional values;
or
D. Off-site compensation will
be conducted in accordance
with Section 3.6.9.f(4)
(Cooperative Compensation
Projects).
ii.
iii.
Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
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Except in the case of
cooperative compensation
projects, off-site compensation
must occur within the same
watershed where the wetland
loss occurs, provided that
Category-IV wetlands may be
replaced outside of the
watershed if there is no
reasonable technical alternative.
The stormwater storage function
provided by Category-IV wet-
lands must be provided for
within the design of the
development project.
vi. Except in the case of
cooperative compensation pro-
jects, in selecting compensation
sites applicants must pursue
locations in the following order
of preference:
A. Filled, drained, or cleared
sites which were formerly
wetlands and where appro-
priate hydrology exists; and
B. Upland sites, adjacent to
wetlands, if the upland is
significantly disturbed and
does not contain a mature
forested or shrub com-
munity of native species,
and where the appropriate
natural hydrology exists.
vii. Construction of compensation
projects must be timed to reduce
impacts to existing wildlife and
flora. Construction must be
timed to assure that grading and
soil movement occurs during the
dry season. Planting of vege-
tation must be specifically timed
to the needs of the target
species.
Cooperative Compensation Pro-
jects. The County may encourage,
facilitate, and approve cooperative
projects where one or more
applicants, or an organization with
demonstrated capability, may under-
take a compensation project if it is
demonstrated that:
i. Creation of one or several larger
wetlands may be preferable to
many small wetlands;
v.
(4)
,-...
Unified Development Code
Secüon 3 . Land Use Districts
The group demonstrates the
organizational and fiscal
capability to act cooperatively;
iii. The group demonstrates that
long term management of the
compensation area can and will
be provided; and
iv. There is a clear potential for
success of the proposed com-
pensation at the identified
compensation site. Conducting
compensation as part of a
cooperative process does not
reduce or eliminate the required
replacement ratios outlined in
this Section.
3.6.10 Special Reports.
a. Waivers. The Administrator many waive the
requirement for a special report when an
applicant demonstrates all of the following:
(1) The proposal involved will not affect
the environmentally sensitive area in a
manner contrary to the goals,
purposes and objectives of this Code.
(2) The minimum protection standards
required by this section are satisfied.
b. General Contents.
(1) Scale Map and Written Report.
Special reports for environmentally
sensitive areas shall include a scale
map of the development proposal site
and a written report.
(2) Impacts Assessment. The special
report shall identify and characterize
any critical area as a part of the larger
development proposal site, assess
impacts of the development proposal
on any environmentally sensitive
areas on or adjacent to the
development proposal site, and
assess the impacts of any alteration
proposed for a critical area.
(3) Protection Mechanisms. The special
report shall propose adequate
protection mechanisms that may
Include mitigation, maintenance and
monitoring plans, and performance
surety. .
(4) Preparer - Proof of Qualifications.
Special reports shall include docu-
mentation certifying the qualifications
of the preparer.
Ii.
3-35
SECTION 3 . LAND USE DISTRICTS
3-36
c.
Consultants.
(1) Retaining Consultants. Jefferson
County may retain consultants to
assist in the review of special reports
outside the range of staff expertise.
The applicant shall pay for the costs of
retaining said consultants.
Responsibility.
(1) General. Special reports shall include
documentation certifying the qualifica-
tions of the preparer.
(2) Determining Accuracy and
Sufficiency. The Administrator shall
verify the accuracy and sufficiency of
all special reports.
(3) Nonacceptance of Inaccurate or
Insufficient Reports. If the Admini-
strator.finds that a special report does
not accurately reflect site conditions,
or does not incorporate appropriate
protection mechanisms, the Admini-
strator shall issue a report citing
evidence (e.g., soil samples, well log
data, etc.) that demonstrates where
the special report is insufficient or in
error. The applicant may then either
revise the special report and submit
another special report, or appeal the
administrative determination pursuant
to this Code.
Aquifer Recharge Area Report.
(1) General. Critical Aquifer Recharge
Area reports serve as the primary
means for Jefferson County to verify
the accuracy of its Critical Aquifer
Recharge Area map and to determine
specific aquifer protection measures to
be applied to prevent significant
adverse groundwater quality impacts.
(2) Critical Aquifer Recharge Report
Content. An initial evaluation shall be
made by a qualified groundwater
scientisUengineer. The critical aquifer
recharge area report shall include:
i. A detailed description of the
project, including all processes
and other activities which have
the potential for contaminating
groundwater.
A hydrogeologic evaluation
which includes, at a minimum:
(3)
d.
A. A description of the
hydrogeologic setting of the
aquifer region;
B. Site location, topography,
drainage, and surface water
bodies;
C. Soils and geologic units
underlying the site;
D. Groundwater characteristics
of the area, including flow
direction and gradient,
and existing groundwater
quality;
E. The location and charac-
teristics of wells and springs
within one thousand (1,000)
feet of the site;
F. An evaluation of existing
groundwater recharge, and;
G. A discussion and evaluation
of the potential impact of the
proposal upon groundwater
recharge.
iii. A contaminant transport analysis
for the uppermost groundwater
supply aquifer assuming an
accidental spill or release of
project specific contaminants or
on-site sewage discharge, or
both if applicable;
iv. A discussion and evaluation that
details available on-site spill
response and containment
equipment, employee spill
response training, and emer-
gency service coordination
measures;
Proposed best management
practices to minimize exposure
of permeable surfaces to
potential pollutants and to
prevent degradation of ground-
water quality; and;
vi. Requirements for a monitoring
program with financial
guarantees/assurances that the
monitoring program will be
implemented.
Professional Qualifications. The
minimum qualifications for ground-
water scientists and engineers
performing groundwater and con-
taminant transport evaluations and
e.
v.
ii.
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SECTION 3 . LAND USE DISTRICTS
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f.
preparing critical aquifer recharge area
reports shall be established pursuant
to acceptable industry standards for
training and experience and as
established by the State of Wash-
ington in the Washington Admini-
strative Code or by statute.
(4) County Review. Reports shall be
forwarded to the Jefferson County
Environmental Health Division for
technical review. The Environmental
Health Division shall review the
reports within thirty days of receipt to
determine their adequacy. The County
may request additional information in
order to determine the adequacy of
the reports. The Administrator shall
determine appropriate conditions as
identified in the report to mitigate
proposed land uses. The Administrator
shall be authorized to collect fees
necessary to recover costs associated
with processing and review of critical
aquifer recharge area reports,
implementation of the protection
standards contained in this section,
and administration of the general
provisions of the critical aquifer
recharge area provisions of this Code.
Such fees will be incorporated into the
Jefferson County Fee Schedule.
Drainage and Erosion Control Plan.
(1) General. This plan shall address best
management practices which are
physical, structural or managerial
practices, that when used singly or in
combination, prevent or reduce
pollution of water.
(2) Qualifications of the Pre parer.
Drainage and erosion control plans
shall be prepared by a licensed
professional engineer, except for small
parcel erosion control plans.
(3) Information Requirements. The
design standards and information
requirements for submission of
drainage and erosion control plans
shall be established in accordance
with the Department of Ecology's
Stormwater Management Manual
currently adopted by Jefferson County.
Geotechnical Report.
(1) General. This report shall include a
description of the geology of the site,
conclusions and recommendations
regarding the effect of geologic
conditions on the proposal, and
opinions and recommendations on the
suitability of the site to be developed.
(2) Qualifications of the Pre parer.
Geotechnical reports shall be
prepared by a licensed geotechnical
engineer, a professional geologist, or
a licensed professional engineer
knowledgeable in regional geologic
conditions with professional experi-
ence in landslide, erosion, or seismic
hazard evaluation.
(3) Information Requirements.
i. A description of the geologic
setting of the region, based
upon readily available data,
including:
A. Site location
topography;
B. Soils and geologic units
underlying the site; and
C. The location and charac-
teristics of springs within
one thousand (1,000) feet of
the site.
An evaluation of the potential
impact of the proposal upon
existing geological hazards.
iii. A discussion and evaluation of
the potential impact of the
proposal upon existing
geological hazards.
iv. Recommendations on appro-
priate protection mechanisms, if
necessary, to minimize the risk
of erosion or landslide.
Grading Plan.
(1) General. This plan shall identify the
proposed development project
including the movement of material
onsite, along with the proposed and
existing contours of the site, and
cross-sections thereof.
(2) Qualifications of the Preparer.
Grading plans shall be prepared by a
licensed professional engineer or an
individual with at least three years
experience in the preparation of
grading plans who is knowledgeable of
and
ii.
h.
g.
Unified Development Code
Section 3 . Land Use Districts
3-37
SECTION 3 . LAND USE DISTRICTS
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i.
soil conditions and geology in
Jefferson County.
(3) Information Requirements.
i. A description of the general
vicinity of the proposed site.
The property limits and accurate
contours of existing ground and
details of terrain and area
drainage.
iii. Limiting dimensions, elevations
of finish contours to be achieved
by the grading, and proposed
drainage channels and related
construction.
iv. Detailed plans of all surface and
subsurface drainage devices,
walls, cribbing, dams and other
protective devices to be con-
structed with, or as a part of, the
proposed work together with a
map showing the drainage areas
and the estimated runoff of the
areas served by any drains.
The location of any buildings or
structures on the property where
the work is to be performed and
the location of any buildings or
structures on land of adjacent
owners that are within fifteen
(15) feet of the property or which
may be affected by proposed
grading operations.
vi. A discussion and evaluation of
the potential impact of the
proposed grading upon desig-
nated critical areas.
vii. Recommendations on appro-
priate protection mechanisms, if
necessary, to prevent degrada-
tion of designated critical areas
and to ensure public safety.
Habitat Management Plan
(1) General. This report shall identify how
the development impacts of the
proposed project will be mitigated. The
Washington Department of Fish and
Wildlife Priority Habitat and Species
Management Recommendations shall
be the basis for this report.
(2) Qualifications of the Pre parer.
Habitat management plans shall be
prepared by persons who have a
minimum of a Bachelor's Degree in
ii.
v.
3-38
(3)
Wildlife or Fisheries Habitat Biology, or
a related degree in a biological field
from an accredited college or
university with a minimum of four
years experience as a practicing fish
or wildlife habitat biologist.
Information Requirements.
i. A map(s) prepared at an easily
readable scale, including the
following information:
A. The location of the
proposed development site,
including property limits;
B. The relationship of the site
to surrounding topographic
and cultural features;
C. The nature and density of
the proposed development
or land use change;
D. Proposed building locations
and arrangements; and
E. The boundaries of forested
areas.
A legend that includes the
following information:
A. A complete and accurate
legal description as pre-
scribed by the triggering
application form (the
description shall include the
total acreage of the parcel);
B. Title, scale and north
arrows;
ii.
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Iii.
C. Date, including revision
dates, if applicable; and
D. Certificates by a
professional biologist as
appropriate.
A report that contains the
following information:
A. A description of the nature,
density and intensity of the
proposed development in
sufficient detail to allow
analysis of such land use
change upon identified fish
and wildlife habitat;
B. The applicant's analysis of
the effect of the proposed
development, activity or
land use change upon the
fish or wildlife species
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
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identified by the Washington
Department of Fish and
Wildlife within the identified
priority habitat, utilizing the
management guidelines;
C. A plan by the applicant that
shall explain how any
adverse impacts created by
the development will be
mitigated.
Possible mitigating measures
that may include, but are not
limited to:
A. Establishment of buffer
zones;
B. Preservation of critically
important plants and trees;
C. Limitation of access to
habitat area;
D. Seasonal restriction of con-
struction activities; and
E. Establishing a timetable for
periodic review of the plan.
Wetland Delineation Report.
(1) General. This report shall be required
when a proposed development
encroaches upon a designated
wetland or its buffer, and shall be used
to identify the boundaries and
classification of the designated
wetland.
(2) Qualifications of the Preparer.
Wetland delineation reports shall be
prepared by either a biologist with
wetlands expertise, or an individual or
firm who has been certified by the
United States Army Corps of
Engineers, Region 10, to perform
wetland delineations.
(3) Information Requirements.
i. A map(s) prepared at an easily
readable scale, including the
following information:
A. Wetland boundaries;
B. Sample site and sample
transects;
C. Boundaries of forested
areas; and
D. Boundaries of wetland
classes if multiple classes
exist.
iv.
j.
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Unified Development Code
Section 3 . Land Use Districts
Ii.
A legend that includes the
following information:
A. A complete and accurate
legal description. as pre.
scribed by the triggering
application form (the
description shall include the
total acreage of the parcel);
B. Title, scale and north
arrows;
C. Date, including revision
dates, if applicable; and
D. Certificates by a pro-
fessional biologist as
appropriate.
A report that contains the
following information:
A. A discussion of the
delineation methods and
results, with special empha-
sis on technique used from
the Washington State
Wetlands Identification and
Delineation Manual, March
1997, or as amended
hereafter;
B. A description of relevant site
information acquired from
the National Wetiandlnven-
tory maps and the Soil
Survey for Jefferson
County,
C. The acreage of each
wetland on the site, based
on the survey, if the
acreage will impact the
buffer size determination or
the project design; and
D. All completed field data
sheets numbered to cor-
respond to each sample
site.
E. Project cross sections, both
before and after completion,
in relation to the surface
elevation of the wetland
must be indicated for
proposed activities which
involve cutting or filling
operations within the
wetland or its prOposed
buffer.
iii.
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SECTION 3 . LAND USE DISTRICTS
....../
(4)
F. Classification of the wetland
in accordance with the
standards adopted in this
Section and a detailed
written analysis of the
existing regulated wetland
including: vegetation com-
munities classified per the
U.S. Fish and Wildlife
Service Classification of
Deepwater Habitats (1979);
species composition of
vegetation communities,
including presence and
percent cover; existing
soils; and existing hydro-
logic conditions including
inflow/outflow, source of
water within the system,
relative water quality, and
seasonal changes in hydro-
logy, if applicable.
G. A detailed analysis of
wildlife species use of the
wetland and its buffer.
H. A detailed analysis of the
existing wetland buffer
including species compo-
sition and percent coverage,
whether the buffer is
disturbed or not, and the
functional value of the buffer
in relation to the regulated
wetland.
I. If the development activity
would eliminate all or part of
a regulated wetland then a
detailed compensatory miti-
gation plan as outlined in
Section 3.6.10.j(4), below
must be provided.
Mitigation Plan Contents. All wetland
restoration, creation, and enhance-
ment projects required by this Code,
either as a condition of project
approval or as the result of an
enforcement action, shall follow a
mitigation plan prepared by a qualified
specialist as defined herein and
conducted in accordance with the
requirements described in this Code.
The applicant or violator must receive
written approval of the mitigation plan
by the Administrator prior to com-
3-40
3.6.11
a.
mencement of any wetland restoration,
creation, or enhancement activity.
Airport Essential Public Facility
District (A).
Purpose. The purpose and intent of this
section is to regulate land uses within the
"Airport Essential Public Facility" overlay
district in order to encourage orderly
economic development in a manner
compatible with airport operations and
adjacent properties and to protect existing
general aviation public use airports from
conflicting or incompatible adjacent land
uses or activities.
Designation. The overlay district (see
Official Comprehensive Plan Map) applies to
all Port of Port Townsend owned property
within the Jefferson County International
Airport (JCIA). The JCIA is a general
aviation airport that provides recreational,
business, flight training, charter and air taxi
services and other uses.
Allowable and Prohibited Uses. All new
development within the Jefferson County
International Airport shall be restricted to
uses which are clearly identified as aviation
support facilities or aviation related
development.
(1) Aviation Support Facilities. Aviation
Support Facilities are those uses
which directly support flight operations
and the operation of the Jefferson
County Airport, and include, but are
not limited to:
i. Passenger service terminals,
including food service;
Navigational aids;
Hi. Runway aprons;
iv. Terminal buildings;
Hangars;
vi. Fuel storage facilities;
vii. Operations/maintenance
facilities;
viii. Automobile parking.
(2) Aviation Related Development:
Aviation Related Development are
those uses which are reliant upon the
airport for their businesses, which
include but are not necessarily limited
to:
....../
b.
c.
ii.
v.
i.
Aircraft repair facilities;
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Section 3 . Land Use Districts
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Aircraft remodeling facilities;
iii. Aircraft sales and related aircraft
equipment, services and
supplies;
iv. Aircraft manufacturing;
Airborne freight facilities;
vi. Air pilot training schools;
vii. Aviation clubs;
viii. Taxi and bus terminal;
ix. Automobile rental and asso-
ciated parking;
Aircraft related manufacturing
authorized and approved by the.
Federal Aviation Administration.
(3) Accessory Uses: Other uses
accessory to uses allowed in
3.6.11 (c), above, are permitted in the
Airport Essential Public Facility
Overlay District subject to approval by
the Federal Aviation Administration.
(4) Prohibited Uses: In order to
determine whether or not a proposed
use fits within the Airport Essential
Public Facility overlay, the use must
be specified. Additionally, uses or
activities that may affect flight
operations including, but not limited to
the following, are prohibited:
i. Any use that releases airborne
substances, such as steam, dust
or smoke;
Any use that attractsconcen-
trations of birds, waterfowl or
other wildlife;
iii. Uses that are determined to
pose a hazard to the safe
operation of the Airport as an
aviation facility.
Development Standards. This section
provides standards to minimize the conflicts
between the Jefferson County International
Airport and proposed future development
proximal to the àirport proper. These
protective standards prevent the estab-
lishment of future incompatible uses and
airspace obstructions in airport clear zones,
approaches and surrounding areas and 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 more
ii.
v.
x.
ii.
d.
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Unified Development Code
Section 3 . Land Use Districts
restrictive shall apply. All other development
standards and review and approval criteria
in this Code shall also apply.
e. 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.
f. Lighting. New development that creates
glare of lighting that interferes with the lights
necessary for aircraft navigation, including
landing and take-off, shall be prohibited.
g. Height Restrictions. New development or
alteration of existing development within the
airport's navigable airspace shall be in
accordance with "Federal Aviation
Regulations, Part 77: Objects Affecting
Navigable Airspace."
h. 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 Trans-
portation 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.
i. Notice Provisions. Land division, site plan
applications, and building permits within the
airport's area of influence (defined in the
interim as that area within the airport's 65
DNL noise contour interval) shall be
submitted to the Port of Port Townsend for
comment. In addition, these applications
shall contain or be accompanied by a notice
provided by the administrator. Said notice
shall include the following disclosure: ïhe
subject property is near an airport where a
3-41
SECTION 3 . LAND USE DISTRICTS
variety of airport dependent uses occur that
are not compatible with development.
Potential discomforts or inconveniences may
include, but are not limited to: noise, aircraft
take-offs and landings." Such notice to be
affixed to the plat and recorded with the
Jefferson County Auditor.
j. Noise Provisions. [Reserved for Future
Use]
3.6.12 West End Planning Area.
This overlay district encompasses the area
designated as "West Jefferson County" on the
Jefferson County Comprehensive Plan Land Use
Map (the Official Map).
The intent of this designation is to allow for expanded
rural-compatible employment opportunities in a
unique area that is isolated and remotely located from
commercial and urban growth areas. This region is
characterized by high unemployment, a distressed
economy, low residential densities, and a total
projected 20-year population growth of only
43 persons.
a. Home-Based Businesses. In West
Jefferson County (hereafter, West End)
home-based businesses shall be regulated
according to the following provisions.
(1) Home-based businesses in the West
End shall be EXEMPT from the
following provisions of Section 4,
Performance and Use-Specific
Standards:
i. The number of non-resident
employees permitted pursuant to
the requirements of Section
4.20;
The types of on-site retail sales
allowed pursuant to Section
4.20;
iii. The hours of operation as
specified in Section 4.20;
iv. The expansion limitations of the
home-based business as speci-
fied in Section 4.20. Instead,
home-based businesses in the
West End may be permitted
conditionally at a non-residential
location under provisions of
RCW 36.70A070(5)(d)iii, which
relate to the siting of isolated
small-scale businesses.
(2) Exemptions allowed under this Section
shall be regulated according to the
following standards:
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 busi-
ness which creates excessive
noise, vibration, glare, fumes,
odors, or electrical interference
to the detriment of the quiet use
and enjoyment of adjoining
property.
(3) Any public hearings associated with
requirements under this Section shall
be held in the West End, close to the
residents who may be affected.
Cottage Industries. In the West End
cottage industries shall be regulated accord~
ing to the following provisions.
(1) Cottage industries in the West End
shall be EXEMPT from the following
provisions of Section 4, Performance
and Use-Specific Standards:
i. The number of non-resident
employees permitted pursuant to
the requirements of Section
4.17;
The prohibition on specific
occupations named in Section
4.17;
iii. The indoor use and retail sales
provisions of Section 4.17;
iv. The hours of operation as
specified in Section 4.17;
The outdoor storage/parking
provisions of Section 4.17;
vi. The restrictions on expansion of
a cottage industry as specified in
Section 4.17. Instead, cottage
industries in the West End
may be permitted conditionally
at a non-residential location
under provisions of RCW
36.70A.070(5)(d)iii, which relate
to the siting of isolated cottage
industries.
(2) Exemptions allowed under this Section
shall be regulated according to the
following standard:
i. 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
i.
b.
ii.
v.
ii.
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
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excessive noise, vibration, glare,
fumes, odors, or electrical
interference to the detriment of
the quiet use and enjoyment of
adjoining property.
(3) Any public hearings associated with
requirements under this Section shall
be held in the West End close to the
residents who may be affected.
c. Small-Scale Recreational and Tourist
Uses. In the West End, small-scale
recreation and tourist uses shall be regu-
lated according to the following provisions.
(1) The list of illustrative small-scale
recreation and tourist uses, as defined
in Section 4, Performance and Use-
Specific Standards, shall be
interpreted to include the following
additional uses in the West End only:
L Small-scale grocery,
convenience or general stores
and shops or offices that provide
basic goods andlor 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 Section 4.14,
Commercial Uses, Standards for
Site Development, and the
development standards con-
tained in Section 6 of this Code.
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.
3.6.13 Planned Rural Residential Devel-
opments (PRRDs).
1. Purpose. The purpose of this Section 3.6.13 is
to implement the Jefferson County Compre-
hensive Plan by promoting creativity in site
layout and design, allowing flexibility in the appli-
cation of the standards for residential
development in rural residential and agricultural
districts. This Section provides performance
ii.
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Unified Development Code
Section 3 . Land Use Districts
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 Section to:
a. Provide for residential development in rural
areas in a way that maintains or enhances
the county's rural character;
b. 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;
c. Retain large, undivided parcels of land that
provide opportunities for compatible
agricultural and other rural land uses;
d. Facilitate the creation of open space
corridors for recreation and aesthetic
enjoyment;
e. 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
f. 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.
2. Applicability.
a. This Section 3.6.13 shall apply to all
permitted uses within all rural residential and
agricultural districts (Le., RR 1 :5, RR 1:10,
RR 1 :20, AG-5, and AG-20) and constitutes
an overlay district (Le., floating zone) over
these districts. This Section 3.6.13 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
Section 3.6.13.
b. The PRRD process provides an alternative
to traditional development under the
prescriptive standards of this Code. This
Section 3.6.13 shall not be applied to rural
residential or agricultural lots incapable of
3-43
SECTION 3 . LAND USE DISTRICTS
--'
3.
further subdivision due to minimum lot size,
or as a means to avoid other procedures
more appropriately reviewed as variance
applications under Section 8.9 of this Code.
c. A PRRD application must be processed with
either an application for short subdivision,
long subdivision, or binding site plan
approval under Section 7 of this Code. The
function of this Section 3.6.13 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.
Minimum and Maximum Land Area - Dwelling
Unit Cap & 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.
a. The minimum land area required for PRRD
proposals shall be as follows:
(1) RR 1:5 and AG-5 districts - ten (10)
gross acres;
(2) RR 1:10 district - twenty (20) gross
acres; and
(3) RR 1 :20 and AG-20 districts - forty
(40) gross acres.
b. The maximum land area that may be
included in a PRRD proposal shall be as
follows:
(1) RR 1:5 and AG-5 districts - 225
gross acres;
(2) RR 1: 1 0 district - 450 gross acres;
and
(3) RR 1 :20 and AG-20 districts - 900
gross acres.
c. The maximum number of dwelling units that
may be permitted in a PRRD proposal shall
be limited to forty-five (45), contained within
dwelling unit clusters of not more than
twenty (20) dwelling units each; except, that
where a density bonus is requested under
Section 3.6.13.10 of this Section, the
proposal may include up to a total of fifty-
four (54) dwelling units, contained within
dwelling unit clusters of not more than
twenty-two (22) dwelling units each.
3-44
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 six-hundred 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 Section
3.6.13.
4. Rural Residential Districts - Reserve Tract
Requirements.
a. 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:
(1) RR 1:5 - sixty-five (65) percent;
(2) RR 1: 10 - seventy-five (75) percent;
and
(3) RR 1 :20 - eighty-five (85) percent.
b. 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.
c. Community water systems, septic drainfields
and stormwater detention facilities serving
the PRRD may be located within the limits of
the reserve tract(s).
d. Golf courses and accessory uses may be
permitted upon a reserve tract without
issuance of a separate conditional use
permit under Section 8 of this Code, if
application for such uses accompanies the
same application for initial PRRD approval.
5. Agricultural Districts Reserve Tract
Requirements.
a. Each PRRD within the AG-5 and AG-20
districts shall contain a reserve tract(s)
comprising at a minimum the following
percentage of the proposed PRRD:
(1) AG-5 district - seventy-five (75)
percent; and
(2) AG-20 district - eighty-five (85)
percent.
d.
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Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
b. The reserve tract(s) may be owned by a
homeowners association, corporation,
partnership, land trust, individual or other
legal entity.
c. 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).
d. 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
honeybees, 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.
e. An existing residence within the limits of the
reserve tract shall count toward the total
number of residential units allowed in the
PRRD.
6. Agricultural Districts Development
Setbacks from Reserve Tract(s).
a. Dwelling units constructed on PRRD parcels
located within the AG-5 district shall be
setback a minimum of thirty-five (35) feet
from the nearest line of any reserve tract.
b. Dwelling units constructed on PRRD parcels
located within the AG-20 district shall be
setback a minimum of seventy-five (75) feet
from the nearest line of any reserved tract.
7. Application Submittal and Contents. To be
considered complete, an application for a PRRD
shall include the following information:
a. 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.
b. A completed land use permit application
form, including all materials required in
accordance with Section 8 of this Code;
c. Five (5) copies of a PRRD site plan
prepared in accordance with the following
requirements:
(1) The dimensions and area of each
proposed lot, tract or parcel (including
Unified Development Code
Section 3 . Land Use Districts
(2)
any reserve tract(s» to accurately
show that the property proposed for
the PRRD contains sufficient area to
allow the number of lots, tracts or
parcels proposed without exceeding
the average density allowed in the
underlying zoning district; provided,
that where a density bonus is
requested under Section 3.6.13.10 of
this Section, the average density
allowed in the underlying district may
be exceeded by up to twenty (20)
percent; 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;
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 Section 7 of this
Code. 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 dimen-
sions of eighteen (18) inches by
twenty-four (24) inches and contain all
information required in Section 7.4 of
this Code for long subdivisions of
property;
If the applicant proposes a site design
providing for a variety of separate
residential areas or densities within a
site, the site þlan 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 multi-family);
The number of dwelling units;
iii. Gross acreage; and
iv. The approximate area of the
smallest proposed lot;
A form of the endorsement of the DCD
Administrator, as follows:
(3)
ii.
(4)
3-45
SECTION 3 . LAND USE DISTRICTS
APPROVED BY JEFFERSON
COUNTY
public interest by review of the
proposed PRRD plan that shows the
type and placement of residential
structures.
(2) It is intended that innovative resi-
dential development encourage
imaginative design to achieve these
purposes. J"herefore, 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.
b. Techniques.
(1) 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.
(2) Density Bonuses. When a plat,
PRRD or other instrument is submitted
under this Section 3.6.13, and is of
sufficient excellence in design and
planning, a higher density may be
allowed therein in accordance with
Section 3.6.13.10, infra.
(3) Lot Size Averaging. Lot area may be
varied. Except as allowed under
Section 3.6.13.10, infra, 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.
(4) Flexible Yards. Except as required
under Section 3.6.13.6 yards may be
reduced to zero (0), provided the
structures are shown on the plat or
PRRD and a ten (10) foot access for
maintenance is given by yard and/or
easement along each outside wall.
(5) Residential Types. To achieve the
most efficient use and conservation of
land, energy, resources, view and
terrain, mixed residential types may be
Department of Community
Development Director
d. Where applicable, any Special Reports or
studies required pursuant to 3.6.4 of this
Code, prepared in accordance with the
requirements of Section 3.6.10 of this Code;
e. 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;
f. The applicant. shall supply completed
information and materials for all other permit
and development applications required
under this Code consolidated with the PRRD
application;
g. A conceptual landscaping plan shall be
prepared, showing the proposed location
and types of proposed vegetation; .
h. Building profiles if the PRRD proposes
multifamily residential development; and
i. Any additional information required by the
DCD Administrator and/or the Director of the
Department of Public Works.
8. Consolidated Applications. Where applicable,
and in addition to the requirements set forth in
Section 3.6.13(2)(c), above, 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.
9. Incentives Innovative Development
Proposals.
a. Purpose.
(1) 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, place-
ment and density. Such flexibility can
be achieved while safeguarding the
Date
3-46
Unified Development Code
Section 3 . Land Use Districts
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SECTION 3 . LAND USE DISTRICTS
"'"'
designated and allowed in innovative
PRRDs as prescribed in this Section.
c. 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.
10. Modification of Permitted Densities - Density
Bonuses.
a. 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 Section 3.6.13.10(d),
infra, is considered to be in the public
interest and worthy of a bonus density.
b. 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 (1) or more of the bonus
density criteria in d., below.
c. Maximum Bonus Density. The maximum
bonus density allowed is limited to an
additional twenty (20) percent over the
density allowed in the underlying zone,
calculated by rounding up to the nearest
whole number. In addition to criteria
provided in this Section 3.6.13, the density
shall be compatible with the site's natural
constraints and the character and density of
the surrounding area.
d. 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 man-
datory requirements of local, state and
federal codes or regulations. Consideration
shall be given to, but not necessarily limited
to the following criteria:
(1) 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.
(2) 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.
(3) Energy Efficiency. Items for con-
sideration under this criterion include
preservation of solar access; south
orientation with added glazing for
inhabited structures; the use of land-
scaping and topography for wind-
breaks 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.
(4) 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.
(5) 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
"'"'
Unified Development Code
Section 3 . Land Use Districts
3-47
SECTION 3 . LAND USE DISTRICTS
3-48
(6)
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.
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
#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 thirty-six
(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
(Le., 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:
L The developer must agree to sell
or rent the units to qualifying
residents (Le., only low-income
and very low-income households);
iL The developer must ensure the
continued affordabillity of the units
by qualified residents for a
minimum of twen1ty (20) years
through the use of restrictive
covenants or other deed restric-
tions approved by the county; and
iiL 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 twenty (20) year
period.
(7) 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
Section 3.6.13.9(b), supra.
(8) Other suitable items believed by the
county to be worthy of consideration
may also be included as bonus density
criteria.
11. Modification of Development Standards.
a. The following development standards may
be modified in approving a PRRD
application:
(1) Building setbacks;
(2) Height of buildings or structures, not to
exceed forty (40) feet;
(3) Lot size;
(4) Lot width; and any other standards
contained in Section 6 of this Code.
b. Standards that may not be modified or
altered are:
(1) Shoreline regulations when the
property is located in an area under
the jurisdiction of the Jefferson County
Shoreline Master Program;
(2) Standards pertaining to development
within environmentally sensitive areas
as set forth in Sections 3.6.4 through
3.6.10 of this Section 3;
(3) Regulations pertaining to non-
conforming legal structures and uses
as set forth in Section 4.26 of this
Code; and
(4) Regulatory standards and re-
quirements 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.
Unified Development Code
Section 3 . Land Use Districts
-.../
-/
-../
,......
SECTION 3 . LAND USE DISTRICTS
,......
c. Criteria for Approval of Alternative
Development Standards. Approval of
alternative development standards for
PRRDs differs from the variance procedure
described in Section 8.9 of this Code 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 Section 3.6.13. 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:
(1) 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;
(2) The unique characteristics of the
subject property;
(3) The arrangement of buildings and
open spaces as they relate to various
uses within or adjacent to the PRRD;
(4) Visual impact of the PRRD upon the
surrounding area;
(5) Improvements proposed in connection
with the PRRD;
(6) Preservation of unique natural
features of the property; and
(7) The public benefit derived by allowing
the proposed alteration of
development standards.
12. Preliminary PRRD Approval Criteria. The
following criteria are the minimum measures by
which each proposed PRRD will be considered:
a. 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:
(1) The proposed PRRD conforms to:
i. The Jefferson County
Comprehensive Plan;
¿tIIII8o..
Unified Development Code
Section 3 . Land Use Districts
(2)
All provisions of this Code that
are not proposed for modi-
fication; and
iii. Any other provisions of local,
state or federal regulations,
policies or plans, except those
standards proposed for
modification.
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 improve-
ments that assure safe walking
conditions for students who walk
to and from school;
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 determination issued
that such adverse impacts can be
mitigated in accordance with Section
8.10 of this Code and the State
Environmental Policy Act (SEPA),
Chapter 43.21 C RCW;
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;
The proposed PRRD satisfies the
criteria set forth in this Section 3.6.13,
as applicable; and
The proposed PRRD will be superior
to or more innovative than con-
ventional development and will provide
greater public benefit than that which
would be available through the use of
conventional zoning and/or
development standards.
ii.
(3)
(4)
(5)
(6)
3-49
SECTION 3 . LAND USE DISTRICTS
....../
b. Notwithstanding the approval criteria set
forth in Section 3.6.13.12(a), supra, 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 (1)
percent flood hazard area or the regulatory
floodway, the county shall not approve the
PRRD unless:
(1) 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 (1) percent flood hazard
area; and
(2) It imposes a condition requiring the
applicant to comply with Section 3.6.6
of this Code 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.
c. Preliminary approval of a PRRD does not
constitute approval to obtain any building
permits or begin construction of the project.
13. PRRD Review and Approval Process.
a. An application for preliminary PRRD
approval shall be processed according to
the procedures for Type III decisions
established in Section 8 of this Code..
b. A PRRD consolidated with a short
subdivision application shall be reviewed for
compliance with all standards and criteria
set forth in Section 7.3 of this Code.
c. A PRRD consolidated with a long
subdivision application shall be reviewed for
compliance with all standards and criteria
setforth in Section 7.4 of this Code.
d. A PRRD consolidated with a binding site
plan application shall be reviewed for
compliance with all standards and criteria
set forth in Section 7.5 of this Code.
e. In addition to review under all requirements
of Section 7, based on comments from
county departments and applicable
agencies, the Hearing Examiner shall review
the proposal subject to the criteria contained
in this Section 3.6.13, and shall approve any
3-50
such proposal only when consistent with all
the provisions of this Section 3.6.13.
14. 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:
a. An adequate guarantee providing for the
permanent preservation, retention and
maintenance of all reserve tracts (Le., open
space or agricultural) or public areas;
b. 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;
c. The care and maintenance of reserve tracts
shall be assured by establishment of an
appropriate management organization for
the project;
d. Ownership and tax liability of any reserve
tract(s) shall be established in a manner
acceptable to the county; and
e. 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 twenty (20) years
and that project design and measures to
ensure compatibility with adjacent land uses
shall be maintained throughout the twenty
(20) year term.
15. Modifications to an Approved PRRD.
8. 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 Section 8 of this Code, provided that the
modification does not involve any of the
following:
--/
-.../
Unified Development Code
Section 3 . Land Use Districts
"""
SECTION 3 . LAND USE DISTRICTS
"""
(1) The location or relocation of a road or
street;
(2) The creation of an additional lot, tract
or parcel;
(3) The creation of a lot, tract or parcel
that does not qualify as a building site
pursuant to this Code;
(4) The relocation of an entire lot, tract or
parcel from one (1) parent parcel into
another parent parcel;
b. Before approving such an amendment, the
Administrator shall make written findings and
conclusions documenting the following
conditions:
i. Increase the residential density;
ii. Reduce the area of a reserve tract;
iii. Relocate a reserve tract in a manner
that makes it less accessible or usable
as open space or agricultural land, as
applicable;
iv. Change the point(s) of access to
different roads;
Increase the total ground area covered
by building or other impervious
surfaces; or
vi. Fail to preserve unique natural
features that were required to be
preserved by the preliminary PRRD
approval.
c. Modifications that involve the circumstances
described in 3.6.13.15(a), above, or exceed
the criteria set forth in Section 3.6.13.15(b),
above, shall be processed as a new PRRD
application.
16. Building and Occupancy Permit - Issuance
After Final PRRD Approval.
a. No building permit for a structure other than
a temporary contractor's office or temporary
storage building shall be issued for a lot or
parcel within an approved PRRD prior to a
determination by the relevant Fire District
Chief or designee that adequate fire
protection and access for construction
needs exists.
b. 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:
(1) All required improvements that will
serve the subject lot or parcel have
been constructed and the county has
v.
,.....
Unified Development Code
Section 3 . Land Use Districts
accepted a properly executed docu-
ments for such improvements; or
(2) All required improvements have been
bonded or otherwise guaranteed; or
(3) 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.
c. 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.
17. Final PRRD Plan Requirements.
a. The applicant must submit a reproducible
copy of the proposed final PRRD plan to the
Administrator of the Department of
Community Development.
b. Where a PRRD is consolidated with a short
subdivision or long subdivision, the applicant
shall submit all information required for
submittal under Section 7.3 (Short
Subdivisions) or Section 7.4 (Long
Subdivisions) as applicable.
c. Where a PRRDis consolidated with a
binding site plan application, the applicant
shall submit all information required for
submittal under Section 7.5 of this Code, as
applicable.
d. 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 OCD
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.
3-51
------ ---- -
SECTION 3 . LAND USE DISTRICTS
....../
The CC&Rs shall specifically provide that
the county will not enforce any private CC&R
provisions.
e. The final PRRD plan shall be accompanied
by a current (within thirty (30) days) title
company certification of:
(1) The legal description of the total parcel
subject to the application;
(2) Those individuals or corporations
holding an ownership interest and any
security interest (e.g., deeds of trust or
mortgages) or any other encum-
brances affecting the title of said
parcel. Such individuals or corpora-
tions shall sign and approve the final
plan prior to final approval;
(3) 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;
(4) 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
(5) 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.
f. The applicant shall submit for final approval
any PRRD agreement that may be required
in conformance with Section 3.6.13.14,
supra.
g. The final PRRD plan shall be processed as
a Type IV application as set forth in Section
8 of this Code, and shall be approved by the
Board of County Commissioners upon
satisfaction of all conditions of approval and
all requirements as provided in this Section
3.6.13.
18. Time Limitations on Final PRIRD Submittal.
Approval of a preliminary PRRO shall expire
unless the applicant submits a proposed final
PRRD with all supporting documents in property
form for final approval within five (5) years after
preliminary approval.
19. 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
3-52
date of this Unified Development Code (UDC)
shall obtain all permits for the development of the
site within two (2) years of the initial adoption of
this Code. If the applicant fails to obtain all
permits within two (2) 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 Section 3.6.13.
20. 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 Section 7 of this Code.
3.7 Subarea Plans [RESERVED FOR
FUTURE USE]
Jefferson County International Airport
Subarea Plan (Reserved See
Comprehensive Plan Policy EPP 2.2)
Major Industrial Development
[RESERVED FOR FUTURE USE]
Development Agreements
{RESERVED FOR FUTURE USE]
3.7.1
3.8
3.9
-/
--/
Unified Development Code
Section 3 . Land Use Districts
""""'"
Table 3-1 : Allowable and Prohibited Uses
How To Use This Table
Table 3-1 displays the classifications of uses for Land Use Districts.
The allowability and classification of uses as represented in the table are further
modified by the following:
.
The location may have a multiple designation. This would be true of
the Shoreline Master Program, a subarea plan, or an overlay district
applied to the location. The Shoreline Master Program (SMP) should
be consulted if the location of interest is subject to the SMP
jurisdiction. See also Notes 1-3 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.
""""'"
Yes
D
c =
Cía) =
C(d) =
No
Categories of Uses
=
Uses allowed subject to the provisions of this Code, including
meeting applicable performance standards (Section 4) and
development standards (Section 6); if a building or other
development permit is required, this use is also subject to project
permit approval; see Section 8.
=
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 Section 3.2.b
and Section 8.
Conditional uses, subject to criteria, public notice, written public
comment and public hearing procedure; see Section 8.8.
Conditional uses, subject to criteria, public notice, written public
comment, and an administrative approval procedure, but not a public
hearing; see Section 8.8.
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 Section 8.8.4 of the UDC;
see Section 8.8.
=
Prohibited use.
......
Unified Development Code
Section 3 . Land Use Districts
3-53
--'-
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 Section 3.3 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 Section 3 of the UDC 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.
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 Sections 3.6 and
3.7 shall prevail over any conflicting provisions of the UDC.
3.
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 Section 3.3.5 of this Code.
5.
Land Use Districts:
AG
AG-20
AG-5
F
CF-BO
RF-40
IF
RR
RR 1:5
RR 1:10
RR 1 :20
RC
RVC
CC
NC
GC
Agricultural Resource Lands
Commercial Agriculture
Local Agriculture
Forest Resource Lands
Commercial Forest
Rural Forest
Inholding Forest
Rural Residential
Rural Residential - 1 DU/5 Acres
Rural Residential - 1 DU/10 Acres
Rural Residential - 1 DU/20 Acres
Rural Commercial
Rural Village Center
Convenience Crossroad
NeighborhoodNisitor Crossroad
General Crossroad
I
RI
LlIC
LI
. HI
Rural Industrial
Resource Industrial
Light Industrial/Commercial (Glen Cove)
Light Industrial
Heavy Industrial
-/
P
PPR
Public
Parks, Preserves and Recreation
UGA Future Potential Urban Growth Area (Reserved)
6. Forest Practices (including timber harvesting), except for Class IV, General (see Section 4.16), are regulated by
the Washington Department of Natural Resources.
3-54
-.../
Unified Development Code
Section 3 . Land Use Districts
)
--A
or.
."
.
Accessory Dwellings Units
Caretaker Residence (Public Parks)
Co-Housing/lntentional Communities (Subject to
PRRD Overlay in RR Districts)
Manufactured/Mobile Home Parks (Subject to
PRRD Overlay in RR Districts)
Single-Family Residences
Transient Rental of Residence or Accessory
Dwelling Unit
Duplexes (Subject to meeting underlying density
requirements)
Multifamily Residential Units (3+ Units)
Residential Care Facilities wI Up to 5 Persons
Residential Care Facilities wl6 to 20 Persons
Nursing/Convalescent IAssisted living Facilities
Unnamed Residential Uses
Unified Development Code
Section 3 . Land Use Districts
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No
No
No
No
No
No
No
No
No
No
55
)
Cottage Industry
.
.
.
.
Animal Shelters & Kennels, Commercial
Automotive Service & Repair
Automotive Service & Repair (with subordinate
auto sales)
Bed & Breakfast Inn (4 to 6 rooms)
Bed & Breakfast Residence (1 to 3 rooms)
Boat Storage, Commercial (outside of SMP)
Boat Building and Repair, Commercial
Clinics (Medical, Dental, and Vision) & Veterinary
Clinics and Hospitals
Convenience and Video Stores
Day Care, Commercial
Drinking Establishment
Eating Establishment
Small Equipment Repair, Sales and Rental
Services
3-56
)
Table 3-1: Allowable and Prohibited Uses - continued
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No
No
No
No
Ca
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No
No
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No
No
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No
No
No
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No
No
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No
No
No
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No
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No
No
No
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No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Unified Development Code
Section 3 . Land Use Districts
)
Excavating Contractor, Commercial
Gas Stations
Golf Courses and Driving Ranges
Grocery Stores and Gift Shops
Hotel/Motel
Indoor Entertainment or Recreational Facility
Liquor Stores
Lumber YardslBuilding Supply & Malerials
Mini-Storage Facilities
Personal & Professional Services
Resorts, Master Planned (New)
Retail Sales and Services
Vehicle Sales, New & Used Retail (Auto & RV)
Un-named Commercial Uses
)
Table 3-1: Allowable and Prohibited Uses - continued
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No
No
No
No
No
See 3.4
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No
No
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No
No
No
No
No
No
No
No
See 3.4
No
No
No
-1 Four Corners only
-2 Hotel/Motels are not allowed in NC districts, except for Discovery Bay
-3,4 Chimacum and Four Corners. existing only
'5 SR 19/20 only
Unified Development Code
Section 3 . Land Use Districts
No
No
No
No
No
No
No
See 3.4
No
No
No
III
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No
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No
3-57
)
.
..
.
Bulk Fuel Storage Facilities
Asphalt & Concrete Batch Plants
Feedlots and Stockyards
Heavy Equipment Sales and Rental Services
Heavy Industrial, Resource-Based
Light Industrial/Manufacturing
Food or Beverage Bottling and/or Packaging
Outdoor Storage Yards
Recycling Center
Mineral Extraction Activities (without MRL Overlay)
Mineral Extraction Activities (w/ MRL Overlay)
[1 a-acre min. lot size]
Mineral Processing Accessory to Extraction
Operations (without MRL Overlay)
Mineral Processing Accessory to Extraction
Operations (w/ MRL Overlay)
Warehouse\Wholesale Distribution Center
-6 Four Comers only
-7 Ness Comer only
3-58
)
Table 3-1: Allowable and Prohibited Uses - continued
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Unified Development Code
Section 3 . Land Use Districts
)
)
)
Table 3-1: Allowable and Prohibited Uses - continued
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No No No No No No No ..~. .w. No No Yes
Yes's Yes,g
No No No No No No No No No D D D D No
See See See See See See See See See See See See See See
3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5 3.3.5
Airports (w/o Airport EPF Overlay) No No No No No No No No No No No No No No
. Educational Facilities (State owned) No No C C C C No C C C C C No No
. Large-scale Regional Transportation C
Facilities (State owned) (e.g., freeways, ferry No No C C C C No C C C C C I No
terminals)
. Correctional Facilities No No C C C
. Solid Waste Handling and Disposal Facilities No No C C C
. Inpatient Substance Abuse and Mental I I I I No
Health Facilities No No C C C C No C C No No No No
. Unnamed Essential Public Facilities No No C C C C C C C C
No No Cd Cd Cd Yes No Ca Ca No
-8 Four Comers, existing only
-9 Ness Comer, existing only
*10 Classification of EPF uses within appropriate districts are advisory only, subject to provisions of Section 3.3.5
Unified Development Code 3-59
Section 3 . Land Use Districts
)
. College or Technical School/Adult Education
Facility (not state owned)
. Emergency Services (Police, Fire, EMS}
. Government Offices
. Library
. Museum
. Parks and Playfields
. Post Office
. Public Works Maintenance/Equipment
Storage Shops
. Recreational Facilities
. Recyding Collection Facilities
. School, Primary & Secondary
. Visitor/Interpretive Center
. Water/Wastewater Treatment Facilities
Cemeteries
Religious Assembly Facility
Un-named Institutional Uses
3-60
)
Table 3-1: Allowable and Prohibited Uses - continued
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Unified Development Code
Section 3 . Land Use Districts
)
..
-""'1-
-'-'HO
..
..
.
-
.
Aerial Recreational Activities (e.g., Balloon Rides,
Gliders)
Animal Preserves and Game Farms
Campgrounds and Camping Facilities, New
Campgrounds, Camping Facilities and Small-Scale
Resorts; Expansion of Existing Facilities
Cultural Festival and Historic Sites, Permanent
Equestrian Centers
Outdoor Commercial Amusement Facilities
Outdoor Archery Ranges
Recreational, Cultural or Religious Conference
Center/Retreat Facilities
Recreational Vehicle Parks
Outdoor Shooting Ranges
Outdoor Recreational Equipment Rental and/or
Guide Services
Public Display Gardens
Rural Restaurant, only when associated with a
primary recreational or tourist use
Unified Development Code
Section 3 . Land Use Districts
)
Table 3-1: Allowable and Prohibited Uses - continued
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No
No
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No
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No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
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No
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No
No
No
No
No
No
No
No
No
No
No
3-61
)
Recreational off-road vehicle (ORV) and all-terrain
vehicle (ATV) parks and recreational areas
Rural Recreational Lodging or Cabins for Transient
Rental
Unnamed Small Scale Recreation and Tourist
Uses
-
or,. r--
-
Seasonal Roadside Stands
Temporary Festivals
Temporary Outdoor Uses
..
_I.
-
..n.-
Park and Ride Lots/Transit Facilities
Roads, Public or Private
Trails & Paths, Public or Private
Un-named Transportation Uses
-
-
Commercial Communication Facilities
Utility Developments, Major
3-62
)
Table 3-1: Allowable and Prohibited Uses - continued
iii
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Unified Development Code
Section 3 . Land Use Districts
)
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Table 3-1: Allowable and Prohibited Uses - continued
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Agricultural Processing, Heavy No No No No No No No No No No No No Yes No
Agricultural Uses & Activities Yes Yes Yes Yes Yes No No No No No No No No No
Aquacultural Uses & Activities (outside of Yes No Yes Yes Yes I No I No I No I No I No I No I No I No I No
Shoreline jurisdiction)
Aquatic Plant and Animal Processing & Storage No No No No No No I No I No I No I No I Yes I Yes I Yes I No
Lumber Mills and Associated Forestry Processing No Ca No No No No No No No Yes I No I No I Yes I No
Activities and Uses
Nurseries Yes Yes Cd Cd Cd Yes No Yes Yes No 1 No 1 No T No T No
Un-named Agricultural & Forestry Uses 0 0 0 0 0 No No No No No I No I No I No I No
Unified Development Code
Section 3 . Land Use Districts
3-63
"..
SECTION 4
,.,...
Performance and Use-Specific Standards
""...
~ -~---
-
Section
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
Page
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
-
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
4.34
4.35
4.36
4.37
4.38
4.39
4.40
4.41
4.42
General Provisions...........................................................................................................................................1
Accessory Uses and Structures. ......................................................................................................................2
Agricultural Activities, Best Management Practices for Water Quality. [RESERVED] ..........................................3
Airports. (RESERVED).........................................................................................................................................3
Airfields and Airstrips. (RESERVED)......,.............................................................................................................3
Animal Kennels and Shelters. ..........................................................................................................................3
Asphalt and Concrete Batch Plants .................................................................................................................3
Assembly Facilities. .........................................................................................................................................3
Automotive Fuel, Service, and Repair Stations................................................................................................4
Automobile Wrecking Yards and Junk (or Salvage) Yards. .............................................................................4
Cemeteries.......................................................................................................................................................4
College or Technical Schools...........................................................................................................................4
Commercial Communication Facilities and Sites. ............................................................................................5
Commercial Uses-Standards for Site Development. .....................................................................................5
Convenience Stores and Car Washes .............................................................................................................5
Conversions of Land to Non-Forestry Use, other Class IV General Forest Practices,
and Conversion Option Harvest Plans (COHP). ..............................................................................................5
Cottage Industry.............................................................................................................................................11
Day Care and Residential Care Facilities.......................................................................................................12
Golf Courses. .................................................................................................................................................13
Home Businesses. .........................................................................................................................................13
Hospitality Establishments. ............................................................................................................................14
Industrial Uses-Standards for Site Development. ........................................................................................15
Lumber Mills (Portable and Stationary). .........................................................................................................16
Mineral Extraction, Mining, Quarrying and Reclamation. ...............................................................................16
Manufactured/Mobile Home Parks. ................................................................................................................18
Nonconforming Legal Structures and Uses....................................................................................................18
Outdoor Commercial Amusement Facilities. ..................................................................................................20
Outdoor Storage Yards. .................................................................................................................................20
Recreational Developments. ..........................................................................................................................20
Recycling Collection Facilities and Recycling Centers. ..................................................................................21
Residential Care Facilities and Nursing Homes. ............................................................................................21
(Mini) Storage Facilities. ...................................................................................................................................22
Seasonal Roadside Stands............................................................................................................................22
Sewage Sludge and Septage.........................................................................................................................22
Small-Scale Recreation and Tourist Uses......................................................................................................22
Solid Waste Handling and Disposal Facilities. ...............................................................................................27
Tank Farm Facilities (Bulk Fuel Storage)..............................................................................................~........27
Temporary Outdoor Uses..........................................................................................,....................................27
Temporary Festivals. .....................................................................................................................................29
Utility Developments, Minor. ..........................................................................................................................29
Utility Developments, Major. ..........................................................................................................................30
Veterinary Clinics or Hospitals. ......................................................................................................................30
4.1 General Provisions.
The performance standards provided in Section 4 are
those specific. requirements that must be met before
approval may be given for a proposed development or
use within a particular land-use district.
Note also that specific proposals for new development
may be subject to more than one set of performance
standards. For example, a proposal for an RV Park
would be subject to the performance standards for all
Commercial Uses in Section 4.14, for Recreational
Developments in Section 4.29, and for Small-Scale
Recreation and Tourist Uses in Section 4.35. Where
the development is subject to the jurisdiction of the
Shoreline Master Program, additional regulations and
standards may apply, and additional permits may be
required.
,....
Unified Development Code
Section 4 . Performance and Use-Specific Standards
4-1
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
To illustrate the way that Section 4 works in
conjunction with the tables of allowable and prohibited
uses in Section 3 (Tables 3.1) if, for example, an
application is submitted to develop an RV Park, the
first question is whether it is an allowable use in the
land-use district where it is proposed. Table 3.1
identifies allowable and prohibited uses in each land-
use district. For RV Parks, Table 3.1 contains a "Cd"
for all Rural Residential Districts, which means that a
proposal to develop an RV Park in these districts is a
conditional discretionary use and may be allowed if it
met the applicable performance standards set forth in
Section 4 and would be allowed by the Administrator
only if the impacts were appropriate according to the
criteria set forth in Section 8 for a conditional
(discretionary) use permit. Table 3-1 Gontains a "Yes"
for RV Parks in Rural Village Centers, which means
that a proposal to develop an RV Park in a Village
Center is a permitted use and would be allowed
subject to meeting the performance standards of
Section 4.
The development standards in Section 6 of this UDC
would also apply to any and all project permit
applications that might be brought forth to the County
by an applicant.
4.2 Accessory Uses and Structures.
Accessory uses are customarily incidental and
subordinate to the principal use of a structure or site.
They must be:
. Clearly secondary to, supportive of, and
compatible with the principal uses(s);
. Consistent with the purpose of the land use
district; and
. In compliance with the provisions of this
Code. The land use category of an
accessory use shall be the same as that of
the principal use(s) listed in Table 3-1,
unless otherwise specified.
1. Limitations on Accessory Uses and
Structures. Accessory uses and structures are
permitted in any district, except as limit~d or
prohibited in this section, in Table 3-1, ?r ~n t~e
sections covering the various land use distrIcts In
Section 3.
2. Accessory Dwelling Units. One accessory
dwelling unit is permitted per legal lot of record as
an accessory to an existing single-family dwelling
provided that the following requirements are met:
a. Maximum Size. An Accessmy Dwelling Unit
shall have a maximum size of 1,250 square
feet of gross floor area.
b. Owner Occupied. To obtain an Accessory
Dwelling Unit (ADU) designation, the owner
of the subject property shall reside on the
4-2
....-/
premises, either in the main or accessory
dwelling.
c. Certificate of Occupancy. A certificate of
occupancy is required pursuant to the
Uniform Building Code and shall be obtained
from the building official and posted within
the ADU. The code inspection and
compliance required to obtain a Certificate of
Occupancy in an existing building shall be
restricted to the portion of the building to be
occupied by an ADU and shall apply only to
new construction, rather than existing
components.
d. Outbuildings. Outbuildings may be
constructed or expanded to accommodate
an ADU within the structure. ADUs estab-
lished in these outbuildings shall not be
larger than 1,250 square feet in floor area.
e. Exterior Entrance. In order to preserve the
outward appearance of single-family
neighborhoods, the front of the house shall
have only one exterior entrance. A separate
exit doorway to the outside is required for
each dwelling unit.
f. Water and Wastewater Disposal Service.
Prior to obtaining a permit to construct or
place an ADU, the applicant shall provide
proof of an adequate potable water supply
as provided in RCW 19.27.097 and
applicable regulations and policies
established by the Jefferson County Board of
Health or the Jefferson County Board of
Commissioners, and proof of on-site septic
system approval from the Jefferson County
Department of Environmental Health.
g. Travel Trailer/Recreational Vehicles. For
the purpose of this ordinance, accessory
dwelling units shall not be travel trailers,
recreational vehicles, buses, truck storage
containers, or similar manufactured units
which are not originally intended to be used
for residences and built to the Uniform
Building Code adopted by Jefferson County.
3. Outdoor Residential Storage. This subsection
shall apply only to outdoor storage accessory to
residential uses in residential districts. Outdoor
storage other than accessory uses subordinate to
a primary residential use may be permitted only
in those districts where specified as a Permitted
Use in Table 3-1 of this Code, and shall meet
other applicable requirements of Section 4.28
relative to Outdoor Storage Yards.
a. Outdoor residential storage shall be
maintained in an orderly manner and shall
create no fire, safety, health or sanitary
hazard;
-/
....-/
Unified Development Code
Section 4' Performance and Usa-Specific Standards
,.-
SECTION 4, PERFORMANCE AND USE-SPECIFIC STANDARDS
,.-
b. Not more than two (2) unlicensed or
inoperable vehicles shall be stored on any lot
less than one-half acre unless totally
screened from view of neighboring dwellings
and rights-of-way. Such screening shall meet
all applicable performance and development
standards specific to the district in which the
storage is kept, and shall be in keeping with
the character of the area. Screening shall
meet the requirements of Section 6. Outdoor
storage of thirteen (13) or more unlicensed
or inoperable vehicles is prohibited except in
those districts where specified as an
automobile wrecking yard or junk (or
salvage) yard and allowed as a Permitted
Use in Table 3-1 of this Code, and such
storage shall meet the requirements of
Section 4.10, Automobile Wrecking Yards
and Junk (orSalvage) Yards. In no case,
shall any such unlicensed or inoperable
vehicles be stored in an Environmentally
Sensitive Area.
4. Junk Yards. Junk yards shall be prohibited,
except where permitted as specified in Table 3-1
of this Code and in accordance with the
requirements of. Section 4.10, Automobile
Wrecking Yards and Junk (or Salvage) Yards.
5. Minor Public Facility Accessory Structures.
Minor accessory additions to existing public
facilities will be considered as accessory uses not
requiring discretionary use review or a conditional
use permit. Such minor accessory structures
include, for example, a water tower or small shed
at a fire station, or construction of a cover over an
existing playfield at a school or park, but not, for
example, construction of a new wing to a public
building or construction of a major new building
or structure on the site.
Agricultural Activities, Best
Management Practices for Water
Quality. [RESERVED]
Airports. (RESERVED)
Airfields and Airstrips. (RESERVED)
Animal Kennels and Shelters
,
Commercial.
Commercial animal kennels and shelters, in addition
to ,applicable requirements of the Jefferson County
Animal Responsibility Ordinance, are subject to the
following standards:
1. Animals shall be sheltered in suitable, clean
structures. Structures and animal runs associated
with a kennel shall be located at least 100 feet
from any property line.
4.3
4.4
4.5
4.6
......
Unified Development Code
Section 4 . Performance and Use-Specific Standards
2. Kennels or shelters located adjacent to or within
Rural Village Centers or Rural Residential (RR:5)
districts shall be indoor facilities only.
3. Animals being kept on the premises shall be
allowed outside only between the hours of 7:00
a.m. and 10:00 p.m., except when accompanied
by an attendant.
4. No use shall be made of equipment or material
which produces unreasonable vibration noise
dust, smoke, odor, electrical interferenc~ to th~
detriment of adjoining property.
4.7 Asphalt and Concrete Batch
Plants
1. Both permanent and temporary asphalt and
concrete batch plants shall meet the
requirements of Section 4.22, Industrial Uses -
Standards for Site Development; Section 4.24,
Mining and Quarrying Performance Standards'
and Section 3.6.5 and 6.17 of this UDC relating
to the operation and siting of such facilities in
Critical Aquifer Recharge Areas.
2. If necessary to meet the requirements specified
in Sections 4.22 and 4.24, all receiving, mixing,
and preparation activities related to asphalt and
concrete batch plants shall occur in an enclosed
space that includes an air filtration exhaust
system.
4.8 Assembly Facilities.
The following standards apply to all assembly
facilities:
1. Operators of assembly facilities such as meeting
halls, community centers, churches, etc., if
served by a shared private, non-paved road must
mitigate the dust and road maintenance problems
associated with the increased road use.
2. The storage of buses or vans over 10,000
pounds gross vehicle weight is permitted on-site
only, subject to the following requirements:
a. The location of the parking areas for these
vehicles is as indicated on an approved site
plan;
b. No more than two large vehicles may be
stored on-site at a given period of time
unless screened from view of adjacent
property meeting the Type A screening
requirements of Section 6.13; and
c. Vehicles and vehicle parking shall not
intrude into public rights-of-way or obstruct
sight visibility from any driveway.
3. Dwelling Units. Any dwelling in conjunction with
assembly facilities shall comply with the
provisions governing residential uses for the
district designation in which they are located.
4-3
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
4. Screening. There shall be Type-C (Section 6.13)
screening along the perimeter of any parking lot
that is adjacent to or across a road from
residential land uses.
5. Associated Uses. Uses sponsored by a
community club or organization such as day
schools, auditoriums used for social and sports
activities, health centers, convønts, pre-school
facilities, or convalescent homes, shall be
considered separate uses subject to the
provisions of this Code for the district designation
in which they are located. (See also Section 4.18,
which provides for child care centers as
accessory uses.)
4.9 Automotive Fuel, Service, and
Repair Stations.
Automobile fuel, service, and repair stations must
conform to the following restrictions and standards:
1. Ingress and egress must be by means of
driveways approved by the County Engineer and
WSDOT, where applicable;
2. All driveways must be at least thirty-five (35) feet
from street intersections;
3. Driveways must be not less than forty (40) feet
apart and not less than fifteen (15) feet from
interior property lines;
4. Parking and storage areas must be paved in
accordance with specifications of Section 6 of
this Code;
5. Service stations shall have a minimum of one
hundred-fifty (150) feet of frontage on at least
one street from which there is access;
6. Outdoor storage shall be located in the rear yard
and be completely screened from view if located
next to a residential district;
7. Automobile service station lighting must be
adequate to permit safe nighttime operation, but
must be of direct cutoff design, shielded, or
placed to avoid glare or nuisance to nearby
residential property and passing street traffic;
8. Any vehicle stored for more than 30 days must
be screened by a Type-A landscaping screen
(see Section 6.13); and
9. A Type-C landscaping screen (see Section 6.13)
must be provided along all road frontages.
10. No use shall be made of equipment or material
which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the
detriment of the quiet use and enjoyment of
adjoining property.
4-4
--""
4.10 Automobile Wrecking Yards and
Junk (or Salvage) Yards.
Auto wrecking yards and junk (or salvage) yards are
subject to the following standards:
1. Total use area shall not exceed three (3) acres.
2. Minimum street frontage shall be one hundred
(100) feet.
3. Minimum lot depth shall be one hundred twenty-
five (125) feet.
4. Minimum building setback distance from property
lines shall be thirty (30) feet on all sides.
5. A Type-A landscaping screen (Section 6.13) shall
be used to enclose the auto wrecking yard or
junk yard.
6. All outdoor storage shall be within the screened
area.
7. At no time shall any items be piled higher than
the screening.
8. Scrap tires shall not be stored outside for a
period exceeding thirty (30) days.
9. Notwithstanding the above regulations, all auto
wrecking yards and junk yards must comply with
all state regulations pertaining to this type of use.
10. No use shall be made of equipment or material
which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the
detriment of the quiet use and enjoyment of
adjoining property.
4.11 Cemeteries.
The following standards shall apply to all new
cemeteries permitted under this Code:
1. Minimum lot area shall be two (2) acres;
2. Points of ingress and egress shall be approved in
writing by the County Engineer;
3. A protective fence and landscaped strip of trees
and shrubs at least ten (10) feet in width shall be
installed on all common property boundary lines;
4. A cemetery shall be located a minimum of five
hundred (500) feet from any existing dwelling
other than the dwelling of the owner or caretaker;
5. No structure shall be located on the cemetery
within fifty (50) feet from any property line
provided, however, that accessory buildings may
be located within ten (10) feet of the side and
rear property line; .
6. Graves shall be located a minimum of fifteen (15)
feet from any property line.
4.12 College or Technical Schools.
College or technical schools are subject to the
following standards:
......,/
--./
Unified Development Code
Section 4. Performance and Use-Specific Standards
.-...
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
.-...
1. Colleges or technical schools must comply with
the Site Standards for Industrial Uses, Section
4.22.
4.13 Commercial Communication
Facilities and Sites.
Commercial Communication and Personal Wireless
Facilities are regulated under Ordinance 06-0712-99,
and included in the Appendix of this Code.
4.14 Commercial Uses""""standards for
Site Development.
1. All Commercial Uses. The following standards
apply to all commercial uses as listed in Table
3-1 and to any use determined by the
Administrator to be a commercial use.
a. Water supplies and sewage disposal
facilities adequate to serve the proposed use
shall be provided. Occupancy shall not be
permitted before water supplies and sewage
disposal facilities are approved and installed.
b. Use of a County, State, or private road for
access to new commercial development
shall be permitted only if the applicant
demonstrates that public health, safety, and
welfare will be protected, and if traffic and
maintenance impacts to the private road are
minimized by conditions on the permit. In all
cases, the use must have controlled access
along the entire frontage of the lot; and be
limited to one curb cut unless otherwise
authorized by the County Engineer for public
safety purposes.
c. No use shall be made of equipment or
material which produces unreasonable
vibration, noise, dust, smoke, odor, or
electrical interference to the detriment of the
quiet use and enjoyment of adjoining
property.
d. In cases where two or more commercial lots
are adjacent to one another, internal and
external shared access is encouraged.
e. Shall require landscaping or screening
subject to the provisions of Section 6.13.
2. Commercial Development In Rural Desig-
nations. The following standards apply to all
commercial uses located in the rural land-use
designations listed in Table 3-1, as determined
by the Administrator.
a. The proposed use will result in minimal
additional demands on services and utilities
available in rural areas and will not result in
more than a minimal and manageable
increase in demand on community water
supplies, sewage disposal systems, or
roads.
"
Unified Development Code
Section 4 . Performance and Use-Specific Standards
4.15
Stores
Car
and
Convenience
Washes
Convenience stores of general merchandise and car
washes shall be subject to the following standards:
1. Access, traffic turning movement, off-street
parking, and public service needs shall be
provided in a safe, convenient and efficient
manner.
2. Accessory fuel dispensing service may be
provided, but not motor vehicle repair or services.
3. Car washes not connected to public sewers shall
treat and dispose öf waste water in a manner
consistent with rules, policies and guidelines
established by the Washington Department of
Ecology.
4.16 Conversions of land to Non-
Forestry Use, other Class IV
General Forest Practices, and
Conversion Option Harvest Plans
(COHP).
1. Forest Management Practices-General
Regulations.
a. Forest management practices (those
practices pertaining to protecting, producing,
and harvesting timber for economic use)
shall be subject to Chapter 76.09 RCW, the
Washington State Forest Practices Act, its
implementing regulations at Chapter 222
WAC, applicable Washington Department of
Fish and Wildlife regulations, Class IV
General regulations to be adopted by
Jefferson County, and applicable provisions
of the Shoreline Master Program. However,
thinning for views and the taking of timber for
personal domestic purposes shall not be
subject to any permits associated with this
Code.
b. Emergency Conditions. No prior
notification or application shall be required
for emergency forest practices necessitated
by and commenced during or immediately
atter fire, windstorm, earthquake, structural
failure or other catastrophic event. Within 48
hours atter commencement of such practice
the operator shall submit an application or
notification to the WDNR with an explanation
why emergency action was necessary so
that the WDNR may evaluate the
appropriateness of the "emergency. and of
the actions taken. Such emergency forest
practices are subject to RCW 76.09, WAC'
222, and County authorities derived from
them (including the requirements of' this
Code), provided that the operator:
4-5
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
(1 )
may take. any reasonable action to
minimize damage to forest lands,
timber or public resources from the
direct or indirect effeets of the cata-
strophic event; and
shall comply with any requirements of
a notice to comply or stop work order
as if the operations were conducted,
pursuant to an approved application.
RCW 76.09.060(7); WAC 222-20-
070.
c. Harvesting without a Permit. When
harvesting takes place without a permit,
except as provided in subsec:tion 1.c, above,
the County shall impose the six-year
moratorium of subsection 5.lb from the date
the unpermitted harvesting was discovered
by the WDNR or the County. If the land is
converted to non-forestry use, this also
constitutes an illegal conversion that is
subject to the enforcement provisions of
Sections 4.16.6.a(2) and (3), below. (RCW
76.09.060(3)(b)(i)(C) and (iii).)
d. Logging roads shall be subject to provisions
of this Section 4.16.
2. Regulations by Designation. General
regulations in this Section shall apply to all land
use districts.
3. Class IV General Forest Practices and
Jurisdictions.
a. Purpose.
(1) Class IV General forest practices
involve the conversion of forested
lands to non-forestry uses, or forest
operations being conducted on lands
with a high likelihood for conversion to
non-forestry use, such as in a
designated Urban Growth Area.
(2) Class IV General is not intended to
serve as a growth control per se, but
rather for the management and
mitigation of growth and development.
The environmental raview and
conditioning of Class IV General forest
practice applications are intended to
be at a higher IE~vel than for
continuance of forestry use, in
recognition of the higher impacts asso-
ciated with conversion of the land to
. developed uses.
b. Applicability. Applications involving any of
the following circumstances are Class IV
General:
(1) Lands that have been or are being
converted to non-forestry use;
(2)
4-6
c.
(2) Forest practices on lands platted after
January 1, 1960;
(3) Lands with a likelihood of future
conversion to urban development
within the next 10 years; and
(4) All Class I, Class II (including timber
harvest and road construction) and
Class III forest practice applications in
any designated unincorporated Urban
Growth Area.
Exceptions to the Requirement for a
Class IV General Permit.
(1) Forest practices involving a single
landowner where contiguous owner-
ship is less than two acres in size
(WAC 222-16-050). This exception
does not apply if:
i. Any of the limiting conditions in
WAC 222-16-050(3)(r) are
present. In this case, an appli-
cation for Class II, III, or IV must
be made, depending on the forest
practices proposed. If these
conditions are present and a
conversion is proposed, a Class
IV General application is required.
ii. The forest practices are Class IV
Special; that is, they have the
potential for substantial impacts to
the environment as provided in
WAC 222-16-050(1), -070, or-
080.
Hi. The land already has a six-year
moratorium applied to it as part of
the forest practice permit in
Section 4.16.5 or as a result of
enforcement actions as per
Section 4.16.6 of this Code. In this
case, a Class IV General
application is required for a
conversion to any non-forestry
use.
(2) Applications involving any of the
following circumstances are not Class
IV General:
i. The landowner submits a signed
statement of intent to retain the
land in forestry use as in Section
4.16.5.a, below.
ii. The landowner submits a County-
approved Conversion Option
Harvest Plan (see Section 4.16.7,
below) as part of an application for
a Class II, III, or IV Special forest
practices permit.
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SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
-
iii. An application that involves forest
practices that are listed as Class
IV Special in WAC 222-16-050,-
070, and -080, but that also
includes a conversion, is
processed as Class IV Special by
the WDNR but also is accorded
the full County review and
conditioning of a Class IV
General.
d. Jurisdiction for Class IV General Permit
Review and Approval. Unlike other forest
practices, the County exercises additional
review and approval authorities for Class IV
General forest practices. These authorities
were clarified and extended by SSB 5714,
enacted by the 55th Legislature, 1997:
(1) Before December 31, 2001. The
County may adopt an ordinance to
regulate Class IV General Forest
Practices, and request the transfer of
jurisdiction for review and approval of
these permits within the County. The
WDNR and Washington Department of
Ecology will review the County's
proposed regulations, and approve the
transfer of jurisdiction. In the absence
of such a transfer, the WDNR will
continue to exercise approval authority
to the end of 2001 with input from the
County.
(2) After December 31, 2001. The
County must have adopted an
ordinance and assumed jurisdiction
over these permits by this date.
Thereafter, the County regulates and
enforces all Class IV General
applications within the County.
4. Regulations Governing Class IV General
Forest Practice Permits, and Conversion of
Forested Land to Non-Forestry Use.
a. SEPA Review Required. Class IV General
forest practices are reviewed under SEPA,
and the preparation of a checklist (see
Section 8 of this Code) is required.
(However, Class I forest practices in Urban
Growth Areas, when processed as Class IV
General forest practices are not subject to
environmental review under SEPA.)
b. Procedures for Conversion to Non-
Forestry Use. If a forest practice permit
application indicates the intention by the
property owner to convert to a non-forestry
use, or if forest practices are proposed to
occur on land platted after January 1, 1960:
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Unified Development Code
Section 4 . Performance and Use-Specific Standards
(1) If Class IV General is still within
WDNR Jurisdiction. The County shall
forward to the WDNR its consent or
objections to the permit. The County
response shall be based on
compliance with provisions of the
Comprehensive Plan and applicable
subarea plans. The County shall not
consent to forest practice permit
approval if the operations proposed
will preclude compliance with appli-
cable County regulations. The WDNR
will not approve the portions to which
the County objects unless it receives a
favorable ruling on appeal to the
Forest Practices Appeals Board; or
(2) Once the County has Jurisdiction.
The Administrator shall approve,
approve with conditions, or deny the
application based on the criteria
above, the results of the environmental
review, and administrative review of
compliance with the requirements and
standards of this Code (such as
shorelines, environmentally sensitive
areas, road design, grading and
drainage), and other applicable codes
and regulations.
(3) The property owner shall submit to the
Administrator a signed statement of
the proposed use, and a plot plan that
identifies the land area to be devoted
to it. The Administrator shall impose
any conditions necessary to ensure
compliance with applicable County
regulations and shall notify the
property owner (and WDNR, if appli-
cable) of County requirements. The
Administrator may also provide recom-
mendations to the property owner for
site development in accordance with
applicable County policies. The
property owner shall sign a statement
of compliance with County regulations
provided by the Administrator.
5. Regulations Governing Continuance of
Forestry Use.
8. Landowner's Intention not to Convert.
(1) If the landowner submits a signed
statement to the WDNR, as part of a
forest practices application, that the
land will be retained in forestry use
and will not be converted to uses other
than commercial forest product
operations within ten (10) years after
approval of the application, then a
Class IV General permit will not be
4-7
SECTION 4, PERFORMANCE AND USE-SPECIFIC STANDARDS
....../
required, and a mandatory
development moratorium shall be
applied (see subsection 5.b, below).
(2) Recording of Intent. The WDNR will
submit to the County a copy of the
statement of a forest landowner's
intention not to convert. The County
shall file this statement with the County
Auditor, who shall record this state-
ment together with a legal description
of the property affected as provided in
RCW 65.04. WDNR will collect a
recording fee from the applicant and
reimburse the County for the cost of
recording the application. RCW
76.09.060.3(b)(i)(A) and (8).
b. Mandatory Six-Year Development Mora-
torium. For six (6) years after the date of the
application. the County shall deny any and all
applications for permits or approvals,
including building permits and subdivision
approvals, relating to or for non-forestry uses
of land subject to the application. RCW
76.09.060(3)(b)(i),(ii), and (iii).
c. Release of Moratorium for A Single-
Family Home.
(1) A property owner can wait until the
required time period expires or apply
to have the Development Moratorium
released.
(2) The Administrator may "Release" the
Development Moratorium for the
construction of one (1) single-family
residence and related accessory
buildings on a legal lot and building
site.
(3) A Release of Development Moratorium
is subject to the followin!~ findings:
i. The person requestiing the release
did not attempt to avoid the
County review or restrictions of a
conversion forest practices
application, as evidenced by a
transfer of property;
ii. Environmentally sEmsitive areas
and their buffers, and shoreline
area as set forth in this Code and
the Shoreline Master Program
were not damaged in the forest
practice operation, or that any
such damage is repairable with
restoration; and
iii. Corrective action can be
undertaken to provide for
compliance with applicable
6.
Conversion Standards established
by this Section.
(4) At least ten (10) days prior to taking
action on a request for Release, and
following a Type II procedure, the
Administrator shall solicit comments
from the following:
i. Property owners of record within
three hundred (300) feet of the
subject property within an urban
growth area, or within five
hundred (500) feet of the subject
property if outside of an urban
growth area;
ii. Appropriate state departments
such as Ecology, Natural
Resources and Fish and Wildlife;
and
iii. Appropriate tribal governments;
and
iv. Other interested
requesting such
information.
(5) The Administrator may authorize,
conditionally authorize, or deny a
release application.
(6) Upon request of the property owner,
the moratorium may be rescinded by
the Administrator if an approved forest
practices application has been either
withdrawn or expired, and no harvest
in reliance upon such approval has
taken place.
d.. Continuing Forestry in Urban Growth
Areas. Forest practices within a designated
UGA require a Class IV General permit (see
Sections 4.16.3.b(3), (4), and (5) above),
unless
(1) the landowner submits a signed
statement of intent not to convert for
ten (10) years, as per Section 4.16.5.a,
with an application, accompanied by
either a written forest management
plan acceptable to the WDNR or
documentation that the land is enrolled
under the provisions of RCW 84.33
(i.e., proof of forest tax class status). A
mandatory development moratorium
shall be applied (see subsection 5.b,
above); or
(2) a COHP is submitted to the WDNR as
part of an application.
Illegal Conversions, and Enforcement.
a.. Conversion without a Class IV General
Permit or COHP.
parties
permit
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4-8
Unified Development Code
Section 4' Performance and Use-Specific Standards
-
-
,....
SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
(1) If land is converted to a use other than
commercial forest product operations
within six (6) years after approval of a
forest practices permit application that
was not a Class IV General or did not
have a COHP attached, the
conversion constitutes a violation of
each of the local and regional
authorities to which the forest practice
operations would have been subject if
the application had stated that
conversion was intended. RCW
76.09.060(3)(b)(iii).
(2) The County shall impose the six-year
moratorium of Section 4.16.5.b from
the date the unpermitted conversion
was discovered by the WDNR or the
County. RCW 76.09.060(3)(b)(i)(C).
(3) Violations may be subject to civil or
criminal penalties, as per WAC 222-
46. The County may also enforce its
regulations as provided in subsection
6.a(1), above, using the procedures in
Section 10 of this Code.
b. Failure to Comply with Reforestation
Requirements. This constitutes a removal of
forest tax designation and a change of use,
and shall subject the lands to the payments
and/or penalties resulting from such remov-
als or changes. RCW 76.09.060(3)(b)(ii).
7. Conversion Option Harvest Plan (COHP)-
General Regulations.
a. A COHP is a voluntary plan developed by
the landowner and approved the County that
indicates the limits and types of harvest
areas, road locations, and open space. This
approved plan is submitted to the WDNR as
part of a Class II, Class III, or Class IV
Special forest practice application, and is
attached to and becomes part of the
conditions of the permit approved by the
WDNR.
If the requirements of the COHP are
continuously met by the landowner, the
COHP maintains the landowner's option to
convert to a use other than commercial
forest product production; that is, it releases
the landowner from the six-year moratorium
on future development (see Section 4.6.5.b,
above) without having to file a Class IV
General application. WAC 222-20-050(2).
Failure to meet the requirements of the
COHP requires the imposition of the six-year
moratorium, and conversions under such
circumstances are illegal conversions; see
Section 4.16.7.f, below.
b. All applications for a COHP shall be
submitted to the Administrator in a form to be
determined by the Administrator. COHP will
be processed and reviewed in the same
manner as a Type II permit review process
for compliance with' development and
performance standards of this Code. The
application shall include:
(1) The application checklist, including a
legal description of the property.
The COHP agreement form.
The application fee.
Maps and drawings of the property
detailing the following:
i. Location of existing and proposed
roads, yarding areas, and access
points;
ii. Location and types of vegetation,
old growth trees (all trees over
125 years old), and snags;
iii. Location and type of soils;
iv. Location and type of water bodies,
drainage ways, or wetlands;
v. Location and type of critical
habitat areas and other environ-
mentally sensitive areas (see
Section 3.6.4 et seq.);
vi. Comprehensive Plan designation
for the property;
vii. Intended use(s), if known;
viii. Approximate limits of conversion
option harvest area;
ix. Specific plans to modify or
conduct forest practice activity for
future conversion options;
x. Location and approximate dimen-
sions of all clearcut areas; and
xi. Parcel boundaries and
dimensions.
(5) Maps sufficient to describe any and all
off-site improvements br access roads,
together with evidence that all property
owners of record, and all easement
holders, for the off-site areas and
access roads have signed an
agreement to the use of the off-site
area(s) and access roads.
(6) An erosion control plan consistent with
the requirements of Section 6.7 of this
UDC.
c. All COHP shall meet the following minimum
standards:
(2)
(3)
(4)
Unified Development Code
Section 4 . Performance and Use-Specific Standards
4-9
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
4-10
(1 )
No more than 40 percent of the
number of standing merchantable
trees and trees twelve inches
diameter-at-breast-height (dbh) or
greater may be harvested under a
COHP. All stumps and understory
shall remain undisturbed as much as
possible. No brush raking is permitted.
Additional harvesting within six years
from the date the COHP harvest is
completed will require submittal of a
State Environmental Policy Act (SEPA)
checklist and SEPA review by the
County (see Section 8 of this Code).
A COHP shall preserve a 50-foot-wide
buffer along the perimeter of the site.
With the exception of approved road
access points, no more than 30
percent of the total number of standing
merchantable trees and trees twelve
inches dbh or greater may be removed
within the buffer provided that no
portion of the buffer shall be clearcut.
A COHP shall preserve a 50-foot-wide
buffer along all public and private road
rights-of-way adjoining or abutting the
subject property. A 15-foot-wide buffer
shall be preserved along roads within
the subject property. With the
exception of approved road access
points, no more than 30 percent of the
total number of standing merchantable
trees and trees twelve inches dbh or
greater may be removed within the
buffer provided that no portion of the
buffer shall be clearcut.
All roads in a COHP shall be designed
to accommodate the potential for
future development and subdivision of
the property. Roads and skid trails
shall minimize total road length. All
roads in a COHP shall meet the design
and construction standards specified in
Section 6 of this Code. All roads which
propose to cross a stream shall be
required to obtain an hydraulic project
approval (HPA) permit, as determined
by the Washington Department of Fish
and Wildlife, prior to submittal of the
COHP.
A COHP shall minimize the number
and size of clearcut areas. No
individual clearcut areas may exceed
ten percent of the total acreage, up to
a maximum of two acres.
A COHP shall contain written
authorization from the property owner
(2)
(3)
(4)
(5)
(6)
-../
agreeing to Jefferson County enforce-
ment of non-forestry-related conditions
of the COHP permit issued by the
WDNR.
(7) All COHP harvest activities shall be
completed within two (2) years from
the date the COHP Forest Practice
Permit is issued by the WDNR.
(8) Where evidence of unstable soils (as
defined by the WDNR) exists, no trees
or other vegetation will be removed on
slopes exceeding 30 percent. On
slopes of 15 percent to 30 percent, no
undergrowth shall be removed and
tree removal shall not exceed 25
percent of the total number of trees.
(9) Where soils are documented as stable,
tree removal shall not exceed 30
percent of the total number of trees on
slopes between 20 percent and 40
percent. Tree removal and removal of
vegetative cover is not permitted on
slopes exceeding 40 percent.
(10) All trees over 125 years old shall be
retained where practical. Snags shall
be retained where they do not pose a
safety hazard.
(11) Trees remaining on the site after the
harvest will represent all species and
size classes existing on the site before
harvest.
(12) Trees remaining on the site will be of
sufficient quality (good crown cover,
deep root system, and healthy
condition) to survive after the harvest
is complete.
(13) All required buffers shall be flagged
and approved prior to harvesting.
d. Any COHP which exceeds the minimum
requirements of Section 4.16.7.c., above, or
exceeds thresholds listed below, shall be
submitted in the same manner described
above but will also require 1) a site
inspection by the County to evaluate the
potential impacts of the COHP; and 2) the
preparation of a SEPA checklist. Note: the
standard for the preparation of a checklist for
forest practices is the "potential for
substantial impact on the environment." If the
site inspection and checklist indicate that
there will be probable significant impacts, a
Determination of Significance shall be issued
unless the impacts can be sufficiently
mitigated for an MONS (see Section 8 of this
Code).
The thresholds for review are:
...J
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Unified Development Code
Section 4' Perfonnance and Use-Specific Standards
""
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
~
(1) The total property included in the
COHP is greater than 20 acres, or any
portion is classified as Designated
Forest Land or is located within a
Forest Resource land-use district.
(2) The COHP includes harvest on slopes
exceeding 40 percent.
(3) The COHP includes any clearcut areas
exceeding two acres.
(4) The COHP has potential for
substantial adverse impacts on wildlife,
as determined by the Washington
Department of Fish and Wildlife.
(5) The COHP has potential for
substantial adverse impacts on
archaeological resources, as
determined by the Washington Office
of Archaeology and Historic
Preservation or a qualified
professional.
(6) The COHP has potential for
substantial adverse impacts on Class-
1 or -2 regulated wetlands, includes fill
in wetlands, or is located where no
natural wetland buffering vegetation is
present.
e. The WDNR shall review and take action on
all permit applications that have approved
COHPs attached within 30 days from the
date of a complete application. Failure of the
WDNR to take action within 30 days shall
result in the COHP plan being approved as
submitted.
f. Failure to Comply with the Terms of a
COHP.
(1) An approved COHP may not be
altered or revoked by the permittee
without written agreement by the
Administrator, or by the County without
agreement by the permittee, and in
either case must be approved by the
WDNR.
(2) If a landowner fails to comply with the
requirements of the Conversion Option
Harvest Plan, the County shall impose
the six-year moratorium of Section
4.16.5.b from the date the application
for the permit was given final approval
by the WDNR or by the County (if
approval jurisdiction had been
transferred to the County). RCW
76.09.060(3)(b)(i)(F).
(3) If a landowner fails to comply with the
requirements of the Conversion Option
Harvest Plan, any conversion that
¡111800
Unified Development Code
Section 4 . Performance and Use-Specific Standards
illegal
to the
Section
occurs constitutes an
conversion that is subject
enforcement provisions of
4.6.6.a(2) and (3), above.
g. Improvements Subject to this Code. If any
off-site or on-site improvements are subject
to development or performance standards or
permit requirements of this Code, such
requirements shall be met before a COHP
approval is granted by the County.
4.17 Cottage Industry.
1. Purpose: To provide for small-scale economic
development activities on residential parcels,
subordinate to the primary residential use, if the
Administrator finds that such activities can be
conducted without substantial adverse impact on
the residential environment and rural character in
the vicinity. The scale and intensity of cottage
industries are typically greater than could be
accommodated as a Home Business, but less
than would require a land use district designation
of Commercial or Industrial.
2. The following list of uses allowable as Cottage
Industries, include, but are not necessarily limited
to:
a. Sales of antiques and collectibles;
b. Art or photography studios;
c. Computer software development;
d. Handicrafts;
e. lronworking or blacksmith shop;
f. Construction office;
g. Furniture repair or refinishing;
h. Pottery shop;
i. Real estate sales office;
j. Small equipment repair; and
k. Woodworking shop.
I. Excavating contractors.
m. Small engine and boat repair.
The following occupations are prohibited as
cottage industries, except in the West End
Planning Area Overlay District (Section 3.6.12):
a. Auto, truck, or heavy equipment repair shop;
b. Autobody work or paint shop; and
c. Large-scale furniture stripping.
3. All cottage industries shall be subject to the
following standards.
a. The cottage industry shall be operated by at
least one full-time, bona fide resident in a
single-family residence of the parcel on
which the proposed use is being requested.
b. The cottage industry may not employ more
than four (4) persons on the site at anyone
time who reside off the subject property.
4-11
SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
c. Only those buildings or areas as specifically
approved by the County may be utilized in
the conduct of business.
d. Any business requiring customers to visit the
site shall provide adequate on-site parking
spaces, in addition to one (1) for each full-
time equivalent employee who reside off the
subject property, and two (2) for the owners
of the property. All parking spaces shall meet
the standards of Section 6.10.
e. All structures and outside activities shall be
so located or screened from adjacent
properties to avoid disturbance through
glare, noise, dirt or other nuisances or
hazards.
f. All activity related to the conduct of the
business or industry, except for activities
related to the growing and storing of plants,
shall be conducted within an enclosed
structure or be sufficiently screened from
view of adjacent residences.
g. All cottage industry activities shall be
sufficiently screened from view of adjacent
residences, using site location, topography,
landscaping, fencing, the retention of native
vegetation, or a combination thereof
necessary to meet the Type A screening
requirements of Section 6.13.
h. Traffic generated by the cottage industry
shall not exceed the level of service adopted
for the public roadway which accesses the
use, nor generate significant traffic in excess
of that normally generated by typical uses
found within the particular district.
i. No business may provide drive-through
service.
j. Cottage industries shall be limited in their
hours of operation. No business on-site
customer service shall be conducted before
8:00 a.m. or after 8:00 p.m., Monday through
Friday, and before 9:00 a.m. or after 6:00
p.m., Saturday and Sunday.
k. The Administrator may attach additional
conditions or requirements, or may make
modifications to the site plan where
necessary to protect the health, safety and
welfare of the public.
I. The granting of the proposed cottage
industry use shall not constitute a rezone. No
expansions of approved cottage industries
are permitted, except in the West End
Overlay District (Section 3.6.12).
m. No exterior display of goods for sale shall be
allowed.
4-12
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n. The cottage enterprise is an accessory use
to the residential use of a dwelling unit, and
the residential function of the buildings and
property shall be maintained.
o. Any new structure constructed to accom-
modate the cottage industry shall be limited
in scale so that it is in character with
neighboring properties. In no case shall
more than five thousand (5,000) square feet
of total building area on the property be
devoted to the cottage industry.
p. No more than one sign is allowed, consistent
with the sign standards in Section 6.15 of
this UDC.
q. No on-site direct retail sales of products not
produced on-site are allowed, except for
items collected, traded and occasionally sold
by hobbyists, such as coins, stamps and
antiques, and their accessories.
r. Minimum parcel size shall be one (1) acre
gross site area.
s. No use shall be made of equipment or
material which produces unreasonable
vibration, noise, dust, smoke, odor, or
electrical interference to the detriment of the
quiet use and enjoyment of adjoining and
surrounding property. Any atterhours
business activities shall not have noise
impacts discernable beyond the property
boundaries.
t. Nofmore than one (1) cottage industry shall
be allowed in or on the same premises.
4.18 Day Care and Residential Care
Facilities.
1. Child Day Care Facilities. The following
standards apply to all child day care facilities:
a. All day care facilities shall demonstrate
compliance with state licensing
requirements.
b. Prior to initiating child care services, each
child care provider must file a Child Care
Registration Form with the Administrator.
The provider shall identify the classification
of the day-care facility as specified in state
law, and must demonstrate compliance with
the applicable requirements of this Code as
listed on the Registration Form.
c. Equipment used in the day care operations
shall comply with all building setback
requirements for the land-use district in
which the facility is located.
d. Day Care Facilities-Accessory Use.
(1) A child day-care center shall be
considered an accessory use if it is
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Unified Development Code
Section 4. Performance and Use-Specific Standards
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SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
""
sited on the premises of a community
service use, such as a private or public
school, grange, community center,
library, or similar adult gathering place,
and is operated in association with that
activity.
(2) Child care facilities for the exclusive
use of employees of a business or
public facility shall also be allowed as
an accessory use of the business or
facility. Prior to initiating operation of
an accessory use child day care
center, the operator must register with
the County as specified in this Section.
e. No structural or decorative alteration is
allowed which would alter the residential
character of an existing residential structure
used as a child day care center.
f. An off-street area shall be provided for
vehicles to drop off and pick up children.
Residential Care Facilities and Nursing
Homes. The following standards apply to all
residential care facilities and nursing homes:
a. The provider shall demonstrate compliance
with state licensing requirements.
b. Prior to operation, each provider must file a
Facility Registration Form with the
Administrator. The provider shall identify the
classification of the care facility as specified
in state law and must demonstrate
compliance with the applicable requirements
of this Code as listed on the Registration
Form.
4.19 Golf Courses.
1. Applications for a golf course must be
accompanied by a Design Plan and Best
Management Practices Plan. The Design Plan
shall minimize the use of pesticides, herbicides,
fertilizers, and ground water by the type and
placement of appropriate vegetative materials
and other means. The use of pesticides,
herbicides, or fertilizers that are known to leach
into groundwater are prohibited. The Design Plan
shall also demonstrate that an adequate water
supply shall be provided without diminishing the
level of service for system users or others
dependent upon the resource. The Best
Management Practices Plan shall include
monitoring procedures and an Integrated
Management Plan. Once approved by the
County, the Management Plan shall be a
condition of project approval and failure to
comply with the approved plan shall be grounds
for revocation of the permit.
2.
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Unified Development Code
SectkJn 4 . Performance and Use-Specific Standards
2. Accessory uses to golf courses shall be limited to
those either necessary for the operation and
maintenance of the course, or those which
provide goods or services customarily provided to
golfers at a golf course. Accessory uses may
include parking, maintenance facilities, cart
storage and repair, clubhouse, restrooms, lockers
and showers, food or beverage service, pro shop,
and practice or driving range, swimming pools,
tennis courts, weight rooms, or similar uses
oriented to persons other than golf course
patrons.
3. Accessory uses which provide commercial
services, such as food and beverage service and
pro shop, shall not exceed a total of five
thousand (5,000) square feet of gross floor area.
4. No occupied building accessory to a golf course
shall be located within one hundred (100) feet of
any property line.
5. No off-street parking or loading area shall be
permitted within fifty (50) feet of a side and rear
property.
4.20 Home Businesses.
Home businesses are accessory to the primary resi-
dential use and are permitted in any dwelling unit or
accessory structure. All Home Businesses shall be
reviewed as Type I permit decisions, except as
exempted under Section 4.20.3, below.
1. The following list of uses is not intended to be
exhaustive, but rather is intended to be illustrative
of the types of uses:
a. Artists, photographers, and sculptors;
b. Authors and composers;
c. Dressmakers, seamstresses, and tailors;
d. Home Day care;
e. Home crafts such as model making, rug
weaving, lapidary work, woodworking, and
ceramics
f. Office facility of a minister, rabbi, priest or
other similar person associated with a
religious organization;
g. Business office facility of a salesman, sales
representative or manufacturer's represen-
tative, architect, artist, broker, dentist,
physician, public relations practitioner,
engineer, planner, instructor in music, arts
and crafts, insurance agent, land surveyor,
lawyer, musician, real estate agent, or typist;
h. Classes of specialized instruction;
i. Barbershops and beauty parlors; and
j. Bed and Breakfast residences.
2. Permitted home businesses do not include the
following:
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SECTION 4. PERFORMANCE AND USE-SPECIFIC STANDARDS
a. Funeral chapel or funeral home;
b. Medical or dental clinic or hospital;
c. Veterinary clinic or hospital.
3. Home businesses operating under the following
circumstances are permitted as a matter of right
(that is, they are exempt from an approval
process), provided all of the other standards of
this chapter are met:
a. No employees;
b. No sign;
c. All work is done inside the dwelling, not in
any accessory buildings;
d. No materials or equipment used in the home
occupation are stored, altered or repaired
outdoors; and
e. State-Licensed Home Day Care Providers
who provide child care for twelve (12) or
fewer children.
4. A home business shall meet the requirements of
this Code and the following standards:
a. Is clearly incidental and secondary to the use
of the property for residential purposes;
b. May be conducted in the principle dwelling
unit or accessory structure, except for
outdoor activities related to the growing and
storing of plants or other incidental outdoor
activity related to the home business.
c. The area devoted to the home business
does not exceed fifty percent (50%) of the
gross floor area of the dwelling unit, or 1 ,200
square feet, whichever is greater. The home
business may be located in an attached or
detached structure, but in no case shall be
allowed to expand beyond the size permitted
by this Section 4.20; except as allowed by
Section 3.6.12 (West End Overlay District);
d. More than one (1) home business may be
authorized on a single parcel provided that
the total gross square footage and number of
employees are not exceeded;
e. A Home Business will not be allowed if there
is already a cottage industry permitted on the
parcel, except for those home businesses
specified in Section 4.20.3;
f. The business must be owned and operated
only by full-time residents of the parcel on
which the proposed use is being requested.
The home business may not employ on-site,
or report to work on-site, more than two (2)
full-time persons other than those of the
immediate resident family, except for
licensed family home day care providers;
g. Has neither outside storage nor other
exterior indication of the home business or
4-14
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variation from the residential character of the
property, except for home day care facilities
providing child care for 12 or fewer children;
h. Retail sales are limited to products and
services produced on the subject premises
or items accessory to a service (Le., hair
care products for beauty salon);
L No more than one sign is allowed, consistent
with the sign standards in Section 6.15 of
this UDC.
j. Home-based businesses shall be limited in
their hours of operation. No home business,
except for Bed and Breakfast operations and
licensed family home day care providers,
shall be conducted before 8:00 a.m. or after
8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday
and Sunday.
k. For non-farm home businesses, no outdoor
storage of goods or materials shall be
permitted.
I. The proposed use shall not generate
significant traffic in excess of that normally
generated by typical uses found within the
particular district.
m. Home businesses shall not be unreasonably
disruptive to the use of adjacent properties.
No equipment or process shall be used in a
home-based business which creates exces-
sive noise, vibration, glare, fumes, odors, or
electrical interference to the detriment of the
quiet use and enjoyment of adjacent and
surrounding property.
n. For any home business, the County shall
impose such reasonable conditions as may
be found necessary to ensure that the
activity or use does not disrupt adjacent
permitted uses.
4.21 Hospitality Establishments.
1. Bed and Breakfast Inns. The following
standards apply to all bed and breakfast inns:
a. No more than six guest sleeping rooms shall
be accommodated in any bed and breakfast
inn.
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b.
If a building is on a federal, state, or local
register of historic structures, then the owner
may apply for a bed and breakfast inn for up
to ten rooms. A conditional use permit may
be granted if the historic character and fabric
of the building are preserved, if there are no
new structures or additions to the existing
structure(s), and if all other bed and
breakfast inn standards and restrictions are
met.
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Section 4, Performance and Use-Specific Standards
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SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
,......
c. Meals may only be served to overnight
guests.
d. Kitchen facilities are prohibited in guest
rooms.
e. Bed and breakfast inns shall be restricted to
proprietor-occupied, single-family
residences.
f. Guest occupancies shall be limited to no
more than thirty consecutive days.
g. The exterior of the building shall retain a
residential appearance.
h. Bed and breakfast inns shall be operated in
a way that will prevent unreasonable
disturbance to area residents.
L One off-street parking space shall be
provided for each guest room in addition to
parking required for the residence. All
parking spaces shall meet the standards of
Section 6.
j. Approval shall be conditional upon
compliance with all applicable building code
requirements, state liquor laws, and state
sanitation requirements.
k. No more than one sign is allowed, consistent
with the sign standards in Section 6.15 of
this UDC.
I. All bed and breakfast inns are subject to the
applicable water and food service sanitation
requirements established by the Washington
State Board of Health and the Jefferson
County Board of Health.
Bed and Breakfast Residence. The following
standards apply to all bed and breakfast
residences:
a. Bed and breakfast residences shall be
restricted to owner-occupied single-family
residences.
b. No more than three guest sleeping rooms
shall be available for the accommodation of
bed and breakfast residence guests.
c. Guest occupancies shall be limited to no
more than thirty consecutive days.
d. Meals may only be served to overnight
guests.
e. The bed and breakfast residence shall be
operated in a way that will prevent
unreasonable disturbance to area residents.
f. One off-street parking space shall be
provided for each guest room in addition to
parking required for the residence.
g. Approval shall be conditional upon com-
pliance with all applicable building code
2.
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Unified Development Code
Section 4 . Performance and Use-Specific Standards
requirements, state liquor laws, and state
sanitation requirements.
No more than one sign is allowed, consistent
with sign standards in Section 6.15 of this
UDC.
3. Transient Residence or Transient Guest
House (Accessory Dwelling Unit). The
following standards apply to all short-term (less
than 30 days) transient rentals of single-family
residential units and guest houses (AD Us) or
portions thereof:
a. The transient residence or guest house shall
be operated in a way that will prevent
unreasonable disturbances to area
residents.
b. At least one additional off-street parking
space shall be provided for the transient use
in addition to the parking required for the
residence or guest house.
c. If any food service is to be provided the
requirements for a bed and breakfast
residence must be met.
d. No outdoor advertising signs are allowed.
e. The owner or lessee may rent the principal
residence or the guest house on a short-term
basis, but not both.
f. Where there are both a principal residence
and a guest house (Le., an accessory
dwelling unit), the owner or lessee must
reside on the premises.
g. Transient accommodations must meet all
local and state regulations, including those
pertaining to business licenses and taxes.
4.22 Industrial Uses-Standards for
Site Development.
1. All Industrial Uses. The following standards
apply to all industrial uses as listed in Table 3-1
and to those other uses determined by the
Administrator to be industrial uses.
a. The use of chemicals, industrial solvents, or
other noxious or hazardous substances shall
comply with all federal, state, and county
safety, fire, structural, storage, and disposal
standards.
b. Water supplies, wastewater, and sewage
disposal facilities adequate to serve the
proposed use shall be provided. Industrial
wastewaters shall not be discharged into an
on-site septic system and are subject to
waste discharge permit requirements
established by the water quality program of
the Washington Department of Ecology.
h.
4-15
SECTION 4, PERFORMANCE AND USE-SPECIFIC STANDARDS
c. Retail sales and services incidental to a
principally permitted use are allowable,
provided:
(1) The operations are contained within
the main structure which houses the
primary use;
(2) Retail sales occupy no more than 15
percent of the total building square
footage;
(3) No retail sales or display of
merchandise occurs outside the
structure; and
(4) All products offered for retail sales on
the site are manufactured, ware-
housed, or assembled on the premises
(except for products sold at colleges or
technical schools).
d. No use shall be made of equipment or
material which produces unreasonable
vibration, noise, dust, smoke, heat, glare,
odor, or electrical interference to the
detriment of the quiet use and enjoyment of
adjoining property.
e. Use of a County access road or private road
for access to new industrial development
shall be permitted only if the applicant
demonstrates that public health, safety and
welfare will be protected, and if traffic and
maintenance impacts to the private road are
minimized by conditions on the permit.
f. Development standards, including parking,
visual screening and landscaping
requirements, shall be as specified in
Section 6, Development Standards.
2. Light Industrial Uses-Additional Standards.
All operations other than loading and unloading
shall be conducted within a fully. enclosed
building.
4.23 Lumber Mills (Portable and
Stationary).
1. The hours of operation of all lumber mills-new,
existing, or portable-are limited to 7:00 a.m. to
7:00 p.m.
2. No use shall be made of equipment or. material
which produces unreasonable vibration, noise,
dust, smoke, odor, electrical interference to the
detriment of adjoining property.
4.24 Mineral Extraction, Mining,
Quarrying and Reclamation.
In addition to meeting all other applicable
requirements of this Code, including this Section 4.24,
all new mineral extraction and mineral processing
activities located outside of an approved mineral
resource land (MRL) overlay district designation (as
4-16
.--/
specified in Section 3.6.3) shall be subject to the
following standards:
1. New mineral extraction and mineral processing
activities in rural residential districts shall require
a conditional use permit subject to a Type III
permit approval process.
2. The total disturbed area of mineral extraction,
mining and quarrying sites (excluding access
roads) and any associated mineral processing
activities shall not exceed ten (10) acres. Any
proposed mineral extraction which would create
disturbed areas in excess of ten (10) gross acres
shall require an MRL designation in accordance
with Section 3.6.3 of this UDC.
The following standards apply to all surface mining
and reclamation activities:
1. All surface extraction shall be performed in full
compliance with the Washington State Surface
Mining Act (RCW 78.44). Other extraction must
conform with all applicable Washington state
laws.
2. Applications for development permits for
extraction shall be accompanied by a report
prepared by a professional geologist which shall
include at least the following information:
a. Types of materials present on the site;
b. Quantity and quality of each material;
c. Lateral extent of deposit(s);
d. Depth of deposit(s);
e. Depth of overburden; and
f. Method of extraction.
3. All extraction, surface mining, and reclamation
operations must, to the extent possible, employ
best management practices (see Section 6 of this
Code) for drainage and erosion and sedi-
mentation control, buffer zones, and other pre-
cautionary measures as appropriate to protect
adjoining lands, surface and groundwater quality
and quantity, natural drainage systems,
environmentally. sensitive areas, wildlife habitat,
and scenic resources from adverse impacts
resulting from the extraction operations and to
meet the standards of this Code and other
applicable county, state, and federal codes and
regulations.
4. Topsoil or other overburden having value for
agriculture or other beneficial uses shall not be
removed or disposed of in a manner which will
reduce its value or prevent its future use.
5. Spoils shall be placed outside of environmentally
sensitive areas and shoreline areas. Final slope
angle shall be no steeper than 1.5:1. Best
management practices shall be employed for
drainage and other controls so that 1) spoils are
properly drained and do not cause ponding, 2)
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Section 4' Performance and Use-Specific Standards
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SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
runoff water meets the requirements and
standards of this Code and other applicable
County, state and federal codes and regulations,
and 3) mass soil movement is prevented.
6. All extraction and reclamation activities that
create a noise disturbance must take place
between 7:00 a.m. and 7:00 p.m. on weekdays,
unless extended hours of operation are
authorized for emergency purposes by the
Administrator. No use shall be made of
equipment or material which produces
unreasonable vibration, noise, dust, smoke, odor,
electrical interference to the detriment of
adjoining property or the persons having the quiet
use and enjoyment of that adjoining property.
7. The alteration, intensification, and expansion of
existing gravel pits and surface mining operations
is allowed subject to reasonable performance
standards to ensure that alteration,
intensification, and expansion of such uses have
minimal adverse impacts on surrounding areas
and uses, and provided that:
a. If increased off-site impacts (noise, vibration,
dust, traffic) would result from expansion,
intensification, or modification, a conditional
use permit shall be required.
b. Modification to include a new use or
operation (e.g., a rock crusher) shall require
a conditional use permit subject to a Type III
permit approval process.
8. The following performance standards are
required for mining, quarrying and
asphalt/concrete batch operations located within
a designated Critical Aquifer Recharge Area.
Mining, quarrying and asphalt/concrete batch
operations in such areas must also comply with
the Best Management Practices identified in
Section 6.17, Development Standards, for those
activities.
a. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plants
located within a designated Critical Aquifer
Recharge Area shall, prior to approval and
operation, submit a Site Evaluation Report to
Jefferson County for review and approval.
Prior to preparation of a Site Evaluation
Report, the applicant shall prepare and
submit a Scope of Work for the report to
Jefferson County for review and approval.
b. At a minimum, the Site Evaluation Report
shall contain the following elements: (a)
Permeability of the unsaturated zone, (b)
Location of nearby sensitive areas (wellhead
protection areas, special protection areas,
etc.), (c) Ground water depths and flow
direction, (d) Location, construction, and use
of existing wells within ~ mile of the subject
site, (e) Site map at 1 inch to 2000 feet
scale, (f) Activity Characterization, (g)
proposed Best Management Practices, and
(h) A Contingency Plan. In addition, the
following detailed information about the
hydrogeologic characteristics of the site and
a prediction of the behavior of a contaminant
may be required. (i) Background water
quality complied over at least a one year
period, (ii) Contaminant transport modeling
based on potential releases to ground water,
(iii) Modeling of ground water withdrawal
effects, (iv) Geologic and hydrogeologic
characteristics including, but not limited to,
surface water on site and with the subbasin
or watershed that may have interactions with
groundwater or surface contaminants, and
(v) Ground water monitoring plan provisions.
c. Gravel Mining and Rock Quarrying
operations located with in a designated
Critical Aquifer Recharge Area shall, prior to
approval and operation, obtain a National
Pollutant Discharge Elimination System and
State Waste Discharge Individual General
Permit (NPDES) for process water, storm
water, and mine dewatering water
discharges from the Washington State
Department of Ecology, Water Quality
Program.
d. Cement concrete batch plants, and asphalt
concrete batch plants located within a
designated Critical Aquifer Recharge Area
shall, prior to approval and operation, obtain
a National Pollutant Discharge Elimination
System and State Waste Discharge
Individual Permit from the Washington State
Department of Ecology, Water Quality
Program.
e. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plants
located within a designated Critical Aquifer
Recharge Area shall demonstrate that the
proposed activities shall not cause
degradation of the groundwater quality below
the standards described in Chapter 173-200
WAC (Water Quality Standards for Ground
Water of the State of Washington).
f. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plants
located within a designated Critical Aquifer
Recharge Area, shall, pursuant to Section
6.17.1, implement the Washington State
Department of Ecology's Storm Water,
Water Quality, Hazardous Waste, Wetland,
and Solid Waste Program BMPs and
relevant BMPs from the Departments of
Unified Development Code
Section 4 . Performance and Use-Specific Standards
4-17
SECTION 4. PERFORMANCE AND USE-SPECIFIC STANDARDS
Health, Agriculture, Transportation, and
State Conservation District Office Or
Demonstrate through a Best Management
Practices Report Pursuant to Section 6.17.2,
how they will integrate other necessary and
appropriate mitigating measures on the
design, installation, and management of the
proposed facility or use.
g. Provide a written agreement to the County
providing that all employees at mining,
quarrying, cement concrete batch plant, or
an asphalt batch plant site will be notified
that the operation lies above an aquifer
recharge area and providing annual training
regarding all measures set forth by the
BMPs established in 6.17.1.
h. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plants
located within a designated Critical
Recharge Area shall at all times comply with
Olympic Air Pollution Control Authority
permit requirements.
i. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plant
operations located within a designated
Critical Area Aquifer Recharge Area shall
engage a third party, selection of which is
approved in advance by the County, to
monitor compliance with regulations and
conditions pertaining to their NPDESIState
Waste Discharge Permit. Reports shall be
prepared and distributed as required in the
NPDES/State permit with copies to the
County each month unless the permit
requires quarterly reporting, in which case
copies will be provided to the County
quarterly.
j. Mining, Quarrying, cement concrete batch
plants, and asphalt concrete batch plant
operations located within a designated
Critical Area Aquifer Recharge Area shall
submit an annual report to the County
evaluating implementation of the Department
of Natural Resources approved reclamation
plan. A qualified, independent consultant
approved by the County shall prepare the
report. The report shall identify how
restoration of the site compares to the
approved reclamation plan and whether any
corrective action is contemplated by the
applicant or required by the Department of
Natural Resources.
4.25 Manufactured/Mobile Home Parks.
The following standards apply to all non-transient
manufactured and mobile home parks:
4-18
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1. All new manufactured/mobile home parks shall
be subject to the Planned Rural Residential
Development Overlay District.
2. At least 50 percent of the site shall be maintained
in open space.
3. Dwelling units shall be separated by a minimum
of 15 feet.
4. To enhance appearance and provide open
space, a thirty-foot landscaped area shall be
provided on all sides and rear yards surrounding
the development.
5. A common storage area shall be provided at a
ratio of 50 square feet per dwelling unit.
6. Units shall be oriented in a manner that avoids
repetitive siting, encourages privacy, and is
compatible with the site layout and topography.
7. Units shall have skirting or permanent decks
installed to obscure chassis prior to occupancy.
8. A mobile home park may include a storage area
for recreational vehicles owned by residents of
the park, provided that the storage area contains
no utility hook-ups and that no RV within the
storage area shall be used as living quarters.
9. A carport or garage may be attached to a mobile
home as an accessory use. .
10. Accessory structures shall be located no closer
than 10 feet to mobile homes on adjacent
spaces.
11. The interior road network shall meet County
standards.
......,/
Nonconforming Legal Structures
and Uses.
A nonconforming legal use, structure, site, or lot is
one that did conform to the applicable codes which
were in effect on the date of its creation, but no longer
complies because of subsequent changes in code
requirements. Nonconformity is different than and is
not to be confused with illegality (see the definitions of
"Nonconforming," Nonconforming Use," and "Illegal
Use" in Section 2). Legal nonconforming structures
and uses are commonly referred to as
"grandfathered."
The following standards apply to àll legal
nonconforming structures and uses:
1. Alteration or replacement of a nonresidential
nonconforming use in Rural Residential districts
is allowable subject to a conditional use permit,
provided:
a. the use is compatible with surrounding rural
uses;
b. the activity does not require additional urban
levels of government service;
4.26
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Unified Development Code
Section 4' Performance and Use-Specific Standards
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SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
-
c. the proposal shall comply with the standards
of this Code to maximum extent feasible;
and
d. the proposal shall not have an adverse
impact on an environmentally sensitive area
or the immediate neighborhood.
2. Expansion of structures housing legal existing
uses or replacement of structures occupied by
legal existing nonconforming uses shall be
subject to the following criteria:
a. Where a legal existing nonconforming use of
a structure exists, that structure can be
replaced provided the original footprint is not
relocated or altered except as provided for
below.
(1) The original footprint does not meet
current regulations regarding building
setbacks and buffers.
(2) Moving the building footprint positions
the new building in a more appropriate
location on the site to facilitate
pedestrian and vehicular movement
and safety.
(3) The movement of the building footprint
on the site is necessary to ensure
protection of environmentally sensitive
areas located on or near the site.
(4) The original building is being rebuilt or
enlarged under the provision of this
section.
b. A structure housing a legal existing noncon-
forming use may be enlarged and/or
expanded if the structure (in its enlarged or
expanded state) would meet all applicable
bulk, dimensional and lot coverage
requirements for the land use district in
which the use is located.
(1) Expansion of structures housing legal
existing nonconforming uses up to
10% of the existing building size, or
200 square feet, whichever is greater,
shall be subject to a Type I
administrative approval process. More
substantial expansions, up to a
building .cap of 3,999 square feet
(measured by the proposed
enlargement and expansion), shall be
subject to a Type III conditional use
approval process to ensure notification
of adjacent property owners.
(2) The following standards apply to uses
within the Glen Cove light Industrial/
Commercial District (LIfC) and the
Glen Cove Potential Final Urban
Growth Area:
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Unified Development Code
Section 4 . Perfonnance and Use-Specific Standards
i. Within the LI/C District, the
maximum building size cap shall
be 20,000 square feet.
ii. Outside of the LIfC District, but
within the Glen Cove Potential
Final Urban Growth Area, a struc-
ture housing an existing business
shall be allowed to expand up to a
building cap of 20,000 square feet
(subject to meeting the bulk and
dimensional requirement of 45%
maximum lot coverage).
iii. Any proposed expansion outside
of the LI/C District, but within the
Glen Cove Potential Final Urban
Growth Area shall only be
approved if the expansion is to
accommodate the structure
housing the existing business
onsite. Expansion in this area for
speculative purposes or to
accommodate a new business
shall be prohibited.
(3) Structures housing legal existing
nonconforming uses shall only be
expanded and/or enlarged once,
regardless of whether or not the
expansion and/or enlargement was
expanded and/or enlarged to reach the
building cap size identified for the
particular district.
3. A legal existing nonconforming structure
damaged or destroyed by fire, earthquake,
explosion, wind, flood, or other calamity may be
completely restored or reconstructed if all the
following criteria are met:
a. The restoration and reconstruction shall not
serve to extend or increase the
nonconformance of the original structure or
use with existing regulations.
b. The reconstruction or restoration shall, to the
extent reasonably possible, retain the same
general architectural' style as the original
destroyed structure, or an architectural style
that more closely reflects the character of the
surrounding rural neighborhood.
c. Permits shall be applied for within one (1)
year of damage. Restoration or reconstruc-
tion must be substantially completed within
two (2) years of permit issuance.
d. Any modifications shall comply with all
current regulations and codes (other than
use restrictions) including, but not limited to
lot coverage, yard, height, open space,
density provisions, or parking requirements
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SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
unless waived by the appropriate County
official through the granting of a variance.
4. A nonconforming use may be changed to another
nonconforming use, provided that the proposed
use is equally or more appropriate to the district
than the existing nonconforming use. Such a
change of use shall be subject to conditional use
permit approval. In no case shall a
nonconforming use be changed to another
nonconforming use which is more intensive or
has greater impacts than the existing use.
5. Any nonconforming use or structure may be
altered, modified, or remodeled beyond the
external dimensions present on the effective date
of this Code for the purpose of providing access
required under WAC 51-20 (American
Disabilities Act). The extent of the alteration or
modifications shall be limited to the provisions of
access necessary to comply with WAC 51-20 as
determined by the Administrator.
6. Unless specifically provided otherwise,. any
nonconforming structure or use under the
jurisdiction of the Shoreline Master Program shall
be subject to the nonconforming use provisions in
WAC 173-27-080.
7. Nonconforming uses 'may be relocated on the
same parcel where they occur if the degree of
nonconformity is not increased, and subject to a
discretionary use permit.
8. No structures or obstructions of any kind or
nature whatsoever constituting a nonconforming
use shall be rebuilt, repaired, or replaced where
such repairing, rebuilding, or replacement
constitutes an airport hazard.
9. Should a legal existing nonconforming use of a
property or structure be discontinued for more
than two (2) years, the use of the property and
structure shall be deemed abandoned and shall
conform to a use permitted in the land use
classification in which it is located, unless the
property owner demonstrates through property
maintenance a bona fide intention to sell or lease
the property. If the property is adequately
maintained, the property shall not be deemed
abandoned and be allowed to remain vacant for
up to three (3) years.
4.27 Outdoor Commercial Amusement
Facilities.
1. The follöwing standards shall apply to all outdoor
commercial amusement facilities:
a. There shall be no direct entrance to or exit
from such use on any rural major collectors,
principal arterials, or state routes, unless
determined to be acceptable by the
Washington State Department of Transpor-
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tation or the County Engineer, as
appropriate; and
b. Access to such uses shall be only from full-
width roads, which shall be surfaced in
accordance with the County Engineer's
specifications. .
4.28 Outdoor Storage Yards.
1. All outdoor storage for vehicles, equipment,
materials or products used in production, for sale
on premises, awaiting shipment, or otherwise in
conjunction with commercial or industrial use,
shall be conducted so as to ensure public safety ,
health, and welfare and to minimize detrimental
visual impact upon neighboring property and
public rights-of-way.
2. Every reasonable effort shall be made by
persons operating a commercial or industrial
business to store vehicles, equipment, materials
and products within an enclosed building, except:
a. Where such enclosed storage is not practical
or desirable for reasons related to health, fire
or safety requirements;
b. Where outside storage of merchandise,
manufactured products, or raw materials is
normal and standard practice, such as in the
sale of automotive equipment, farm
machinery, lumber, gardening materials,
nursery stock, manufactured homes, and
similar products, or on the site of
construction projects; or
c. When materials or products are temporarily
stored outside incidental to shipping,
delivery, loading or unloading thereof.
3. Materials and products may be stored outside
subject to the provisions of these performance
standards and applicable development stan-
dards, but shall comply with the landscaping and
screening requirements of Section 6.13, as
applicable.
4.29 Recreational Developments.
Recreational developments are campgrounds~ parks,
playing fields, and facilities for indoor and outdoor
sports and recreational facilities, and similar
developments, including Small-Scale Recreational
Tourist Uses (Section 4.35).
1. All Recreational Developments. The following
standards apply to all recreational developments:
a.. Recreational areas shall be located so as to
protect adjacent properties from adverse
impacts. Where the proposed recreational
use can reasonably be expected to have
adverse impacts on adjacent properties, and
where existing ground cover, such as trees
or shrubs, will not provide an adequate
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buffer between the recreational area and
adjoining properties, screening or fencing will
be required.
b. Parks and campgrounds in which individual
lots or spaces are to be sold in fee simple
are prohibited.
c. Parking areas associated with recreational
areas shall be located inland away from the
water and beaches and shall be designed to
control surface runoff and prevent the
pollution of nearby water bodies. Safe
access from parking areas to recreation
areas shall be provided by means of
walkways or other suitable facilities.
d. Playing fields must meet the following
standards:
(1) Any lighting must be of direct cutoff
design and not extend beyond the
property boundaries.
(2) Any trash or garbage receptacles must
be screened from view from surround-
ing properties.
(3) Any restroom facilities must be
screened from view from surrounding
properties and the entrance must be
fully visible from the public areas.
e. No use shall be made of equipment or
material which produces unreasonable
vibration, noise, dust, smoke, odor, or
electrical interference to the detriment of the
quiet use and enjoyment of adjoining
property.
2. Commercial Recreational Development.
a. Recreational uses which are also
commercial enterprises are subject to the
Site Standards for Commercial Uses, UDC
Section 4.14, in addition to the regulations in
Section 4.29.1, above.
4.30 Recycling Collection Facilities
. and Recycling Centers.
1. Recycling Collection Facilities. Recycling
collection facilities provide a neighborhood drop-
off point for temporary storage of recyclables but
without processing thereof. The following
standards apply to all recycling collection
facilities:
a. Weather protection of recyclable items shall
be ensured by using weatherproof
containers or by providing a roof over the
storage area, where necessary to avoid
adverse impacts;
b. Only recyclable materials shall be collected
and stored at such collection points. Except
for initial sorting and bundling, all other
Unified Development Code
Section 4 . Performance and Use-Specific Standards
processing of such materials shall be
conducted offsite; and
c. All deposited material shall be contained
wholly within the recycling box or facility. No
litter shall be allowed to accumulate outside
the recycling box or facility. The recycling
box or facility shall be kept clean and free of
odors or pests.
2. Recycling Centers. An area, with or without
buildings, upon which used materials and
recyclables are separated and processed for
shipment. The following standards apply to all
recycling centers;
a. Processing operations shall be conducted
within a building;
. b. The operation shall be effectively screened
from view from neighboring properties and
rights-of-way;
c. The operation shall meet all federal, state
and local requirements for noise and air
quality control; and
d. The operation shall obtain, comply with and
maintain a solid waste handling permit from
the Jefferson County Department of Health.
4.31 Residential Care Facilities and
Nursing Homes.
1. The following apply to all residential care
facilities:
a. Residential care facilities housing five (5) or
fewer residents, other than staff, are
permitted outright in all residential districts.
Residential care facilities housing more than
five (5) residents in rural residential districts
are conditional uses subject to the applicable
requirements of this Code;
b. Conditional use approval is contingent upon
containing and maintaining state licensing for
operation of the facility. Conditional use
approval terminates when the state license is
no longer in effect. Furthermore, any
increase in the number or change in the
class of residents authorized by the state
license terminates approval unless a new
conditional use authorization is obtained for
the new class or number of residents.
c. The maximum number of residents permitted
in a facility is twenty (20), exclusive of staff.
d. Minimum lot size shall be five (5) acres.
e. Minimum Off-Street Parking. One (1)
space shall be required for each vehicle
permanently located at the facility or
operated on a daily basis in connection with
the facility and one (1) for each employee.
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SECTION 4. PERFORMANCE AND USE-SPECIFIC STANDARDS
All parking spaces shall meet the standards
of Section 6.
2. The following standards apply to all
nursing/convalescent homes and assisted living
facilities for the elderly:
a. The provider shall demonstrate compliance
with state licensing requirements.
b. The maximum number of residents permitted
in such a facility in a rural residential district
shall be twenty (20), exclusive of staff. Within
the Rural Village Center, Neighborhood
Visitor Crossroad, and General Crossroad
commercial designations, where such
facilities are allowed, the maximum number
of residents allowed shall be forty (40),
exclusive of staff.
4.32 (Mini) Storage Facilities.
The following standards apply to all residential (mini)
storage facilities:
1. The site shall be contiguous to a designated
arterial or collector road, although access mayor
may not be directly onto such arterial or collector,
as determined through the review process;
2. All street frontages, other property lines and
outdoor storage areas shall be landscaped or
screened in accordance with Section 6.13;
3. All access, travel surface, loading areas, and
building aprons shall be constructed of an all
weather surface;
4. Signing shall be limited to on-premises signage
and shall meet the standards of Section 6.15;
5. Exterior lighting shall meet the standards of
Section 6.14;
6. The Approving Authority may require exterior
modifications of structures, including use of
architectural features or details, materials for
siding and roofing, reduction of building mass
and number of units when necessary to assure
compatibility with adjoining residential districts;
and
7. Use of the facility shall be limited to the storage
of excess personal property. No commercial
business or other similar activities shall be
conducted on the premises.
4.33 Seasonal Roadside Stands.
The following standards apply to all seasonal
roadside stands:
1. The stand shall be not more than one thousand
(1,000) square feet in size;
2. Sales are limited to agricultural, aquacultural, and
silvicultural related products;
3. Off-street parking shall be required, and shall
have a sufficient area to allow automobiles to
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park safely off the road right-of-way and to re-
enter the traffic in a forward direction. All parking
spaces shall meet the standards of Section 6.
4. Roadside stands shall be limited to one (1) per
legal lot of record.
5. Roadside stands shall be limited to a maximum
of six (6) months site occupation and operation
per legal lot of record in any given year.
6. Roadside stands shall require a Temporary
Outdoor Use Permit (Type I) subject to the
requirements of Section 4.38.4.
4.34 Sewage Sludge and Septage.
1. Storage and treatment of sewage sludge and
septage at any facility other than an approved
sewerage system plant, and development of
storage or treatment facilities, are industrial uses
for the purposes of this Code and are subject to
the site standards for industrial uses in this
Section and to approval by the County Health
Department.
2. The application of sewage sludge and septage to
land for disposal or for fertilization is subject to
approval by the Jefferson County Board of
Health, or its designee, and state approval
requirements.
4.35 Small-Scale
Tourist Uses.
1. Small-Scale Recreation and Tourist Uses.
Small-scale Recreational and Tourist Uses rely
on a rural location and setting and provide
opportunities to diversify the economy of rural
Jefferson County by utilizing the County's
abundant recreational opportunities and scenic
and natural amenities in an environmentally
sensitive manner consistent with the rural
. character of the County. These types of uses
may be conducted in the land use districts
specified in Table 3-1 upon approval pursuant to
this Code.
The following list of uses is not intended to be
exhaustive, but rather is intended to be illustrative
of the types of Small-Scale Recreation or Tourist
Uses:
a. Aerial Recreational Activities such as balloon
rides, glider and parachute events;
b. Animal Preserves and Game Farms;
c. Equestrian Centers, on parcels ten (10)
acres or larger in size;
d. Campgrounds and Camping Facilities;
e. Commercial Fishing Ponds;
f. Cultural Festivals;
g. Miniature Golf, not to exceed a gross use
area of one (1) acre;
Recreation
and
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SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
h. Model hobby parks and sites on parcels ten
(10) acres or larger in size;
i. Outdoor Recreational Equipment Rental
and/or Guide Services;
j. Outdoor Shooting and Archery Ranges;
k. Private Hunting or Fishing Camps;
I. Public Display Gardens;
m~ Recreational Off-Road Vehicle (ORV) and All
Terrain Vehicle (A TV) Parks and
Recreational Areas on parcels twenty (20)
acres or larger in size;
n. Recreational, Cultural or Religious Con-
ference Center/Retreat Facilities on parcels
ten (10) acres or larger in size;
o. Recreational Vehicle Parks, Travel Trailer
Parks, and Commercial Campgrounds on
parcels at least five (5) acres in size;
p. Rural Restaurants, only when associated
with a primary recreational or tourist use;
and
q. Rural Recreational Lodging or Cabins for
Overnight Rental on parcels ten (10) acres
or larger in size.
2. Unnamed Small-Scale Recreation or Tourist
Uses. Other uses not specifically named above
may be classified as Small Scale Recreational
and Tourist Uses by the Administrator, subject to
the provisions of this section, upon documen-
tation by the applicant that the proposed use is
dependent upon a particular rural location or
setting and is consistent with the intent and
application of RCW 36.70A070(5)(d) and the
Jefferson County Comprehensive Plan.
3. A Small-Scale Recreation or Tourist Use shall
meet the requirements of this Code, including the
provisions of Section 4.29 (Recreational
Developments), Section 4.14 (Site Standards for
Commercial Uses), and the following standards:
a. Small-Scale Recreation or Tourist Uses may
include limited and commensurately scaled
commercial facilities intended to serve those
small-scale recreational or tourist uses (e.g.,
a gift shop, delicatessen, convenience store,
or associated retail sales and services)
PROVIDED that the applicant can
demonstrate the following to the satisfaction
of the Approving Authority:
(1) that the principal demand for the
commercial facilities is derived from
the principal recreational or tourist use
and not the existing and projected rural
population;
(2) that the associated commercial
activities shall be clearly accessory to
Unified Development Code
Section 4 . Performance and Use-Specific Standards
b.
and dependent upon the primary
recreational or tourist uses;
(3) that the associated commercial
activities, in addition to the principal
recreational or tourist use, will not
have a measurable detrimental traffic,
noise, visual or public safety impact on
adjacent properties;
(4) that he use and associated structure is
clearly appropriate and compatible in
scale, size, design and function with
surrounding uses and environment;
(5) that the use will not constitute new
urban development in a rural area;
(6) that the public facilities and services
provided are limited to those
necessary to serve the associated
commercial activities and the principal
small-scale recreational or tourist use
in a manner that does not permit low-
density sprawl; and
(7) that all other applicable requirements
and standards in this UDC are met.
Unless a larger parcel size is specified,
minimum lot size shall be five (5) acres;
except smaller existing legally established
lots of record with direct access to a state
highway or county major collector may also
be used for tourist or recreation uses if all
other provisions of this Section 4.35 can be
met;
Only one small-scale Recreational or Tourist
Use shall be allowed per legal lot of record,
with the exception of Rural Restaurants;
Only those buildings or areas specifically
approved by the County may be used in the
conduct of the business;
Parking shall be contained on-site and
provided in conformance with this Code,
including Section 6.10 and 6.13;
All activities shall, at a minimum, be
screened from the view of adjacent
residential uses subject to the landscaping
and screening requirements of Section 6.13
and setback a sufficient distance from all
rear and side property lines to protect the
character of adjacent and surrounding
properties and uses. The Approving
Authority may authorize variations to the
setbacks established in Table 6-1 of this
UDC in order to ensure that any small-scale
recreation or tourist use or structure, when
proposed in or adjacent to a Rural
Residential (RR) district, shall be compatible
with and not disruptive to the character of
c.
d.
e.
f.
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SECTION 4, PERFORMANCE AND USE-SPECIFIC STANDARDS
existing and anticipated future uses in the
District;
g. All small-scale recreation or tourist uses
shall take primary access, in order of priority,
off a County arterial, County Collector Road
or Highway, or State Highway;
h. Structures shall comply with the landscape,
lighting, site coverage, and design standards
set forth in Section 6;
L Any small-scale recreational or tourist use
development allowed under this section that
proposes to include permanent occupancy
on-site residential development may only be
permitted subject:
(1) to the underlying Rural Residential
density;
(2) to a Master Planned Resort (MPR)
district designation subject to a
legislative action to amend the Com-
prehensive Plan; or
(3) to that necessary for on-site
management (e.g., a caretaker's
residence).
j. For any small-scale recreation or tourist use,
the County shall impose such reasonable
conditions (e.g., location and size restric-
tions, design standards, landscape buffers,
setbacks etc.) as are found necessary by the
Approving Authority to ensure that the
activity or use, due to proximity, location or
intensity:
(1) is compatible with the rural character
of adjacent lands and shorelines,
including forestry, agriculture, and.
mineral lands of long-term commercial
significance;
(2) does not disrupt the character of any
surrounding permitted uses;
(3) is adequately served by public facilities
and services (including roadway level
of service and minimum fire flow
requirements) without the need to
extend those services in a manner that
promotes low density sprawl;
(4) adequately protects environmentally
sensitive areas including surface and
groundwater resources; and
(5) would not cumulatively, in combination
with the effects of existing
development (or given the probable
development of subsequent projects
with similar effects) in the vicinity (Le.,
within one mile) of the proposed use,
create a development pattern that
constitutes low density sprawl; require
4-24
4.
the extension of public facilities or
expansion of public services in a
manner that promotes low density
sprawl; or be otherwise incompatible
with or injurious to the rural character
of the area.
k. If the preceding conditions (in Section
4.35.3.j) cannot be met to the satisfaction of
the Approving Authority, the use shall be
denied.
Expansion of Existing Small-Scale Recrea-
tional and Tourist Facilities.
a. Where alteration, modification, or expansion
of existing small scale recreation and tourism
facilities would increase the scope, scale or
intensity of the use or facilities (e.g., adding
meal service or new recreational facilities,
adding new conference or lodging facilities),
the proposal shall be subject to a conditional
use permit and must demonstrate that the
expansion of the existing use or location is
reliant upon a rural location and setting.
b. The Approving Authority may attach
reasonable performance standards and/or
conditions to ensure that alteration and
expansion of such uses have minimal
adverse impacts on surrounding areas and
uses, maintains the rural character of the
area; does not constitute low density sprawl,
and is in compliance with RCW 36.70A.O70
(5)(d).
c. Any alteration, modification or expansion of
an existing small-scale recreation or tourist
use shall require site plan approval
consistent with the standards and
requirements of this Code.
Aerial Recreational Activities. Aerial Recrea-
tional Activities may be approved as a small-
scale recreation use provided the following
standards are met:
a. No permanent structures or improvements
are required to carry-out the activity;
b. The proposal will comply with all FAA
regulations;
c. For recreational aerial activities on
designated agricultural resource land, the
proposal will not remove lands from
agricultural production or substantially
interfere directly or indirectly with the
continued agricultural use of the parcel; and
d. Minimum lot size may be increased by the
Administrator based on the site area
required to safely undertake the activity.
5.
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6. Recreational Vehicle (RV) Park, Travel Trailer
Park, or Commercial Campground.
a. The use of any parcel for an RV/Camp-
ground park and any modifications to an
existing RV/Campground park shall comply
with the following standards and require-
ments:
(1) The minimum parcel area for an
RVrrrailer Park or Commercial
Campground shall be five (5) acres.
The maximum area of any parcel
devoted to the principal RVrrravel
Trailer or Commercial Campground
use shall not exceed twenty (20)
acres;
The maximum density of any
RVrrravel Trailer or Commercial
Campground approved under this
Code shall not exceed sixty (60)
spaces;
No RV shall be located anywhere but
in an RV space and only one (1) RV
shall be located within any RV space;
All RV, travel trailer and campground
uses in new RV/Travel Trailer and
Commercial Campgrounds (approved
after the effective date of this UDC)
shall be limited to a temporary
occupancy not to exceed nine (9)
months;
The minimum width for a parcel
containing an RV park shall be three
hundred (300) feet, except that
portions of the parcel intended only for
general vehicular entrances and exits
may be as narrow as fifty (50) feet;
No part of any RV/Campground park
shall be used for the parking or
storage of any heavy equipment;
No home occupation or business shall
be operated from an RV/Campground
park except for the resident manager
and as allowed in Section 4.35.3(a);
A responsible caretaker, owner, or
manager shall be placed in charge of
any RV/Campground park to keep all
grounds, facilities and equipment in a
clean, orderly, and sanitary condition,
and shall be answerable to the owner
for any violation of the provisions of
this or any other ordinance;
An on-site caretaker or manager's
residence is allowed; and
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(2)
(10) Allowable accessory uses and
improvements may include facilities
for:
i. Picnicking;
ii. Boating;
iii. Fishing;
iv. Swimming;
v. Outdoor games;
vi. Miniature golf courses;
vii. Mechanical amusements; and
viii. Other sports and activities.
b. Layout and Design Specifications. The
following layout and design specifications
shall apply to any RV/Campground park:
(1) A buffer area shall be provided
immediately within all boundaries. The
required buffer area shall be a
minimum of one-hundred (100) feet in
depth within all common property
boundaries or public streets. Variable
width buffers may be considered
based upon topography and design
considerations;
(2) No RV or camp site may be located
within a buffer area;
(3) No building or structure may be
erected or placed within a buffer area,
except a sign or fence;
(4) No refuse-disposal area shall be
located within a buffer area;
(5) No plant materials may be deposited
or removed within a buffer area except
as a part of a recognized landscaping
scheme or except for emergency
access;
(6) Only roads which cross the buffer, are
as close to right angles as practicable,
and connect directly with the road
system contained within the remainder
of the park shall be permitted within a
buffer area; no road shall traverse the
buffer area and give direct access from
any public road to any RV space or
camp site;
(7) The road system shall comply with the
standards and specifications for roads
pursuant to Section 6;
(8) Adequate off-street parking spaces
shall be provided;
(9) Each RV space shall have sufficient
unobstructed access to, or frontage
on, an RV park road, so as to permit
the movement of RVs;
(10) No structural addition to any RV shall
be permitted; .
(3)
(4)
(5)
(6)
(7)
(8)
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Section 4 . Performance and Use-Specific Standards
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SECTION 4, PERFORMANCE AND USE~SPECIFIC STANDARDS
7.
(11) All refuse containers shall have an
animal-proof lid and shall be main-
tained in a clean and sanitary con-
dition. Garbage and refuse shall be
disposed of in such a manner to
control flies, rodents and odors;
(12) All utilities, including electrical power
and telephone lines, shall be installed
underground;
(13) All roads, walkways, grouped-bay
parking and service areas shall be
provided with lighting adequate to
ensure the safety of vehicular and
pedestrian traffic;
(14) Central comfort stations and similar
central facilities may be permitted.
(15) Adequately sized wastewater disposal
facilities shall be required and must be
approved by the Jefferson County
Environmental Health Department.
Equestrian Center. Uncovered and covered
facilities for commercial boarding, training, teach-
ing, breeding and rental of horses including
facilities for shows and competitive events, and
riding trails. This does not include stables used
solely for breeding or boarding of horses. An
equestrian center may be permitted when the
following standards are met:
a. All setbacks to the stable structure (does not
include facilities for riding, training or
exercising horses, such as a riding arena)
shall be at least fifty (50) feet from any
property line and one hundred (100) feet
from any existing residence, except the
owner's or caretaker's dwelling(s);
b. Facilities for riding, training or exercising
horses shall be at least twenty-five (25) feet
from any property line and at least one
hundred (100) feet from any existing resi-
dence except the owner's or caretaker's
dwelling(s);
c. Riding trails are not considered riding,
training or exercising facilities and are not
subject to this standard;
d. The Administrator may authorize a reduced
setback for equestrian facilities, provided
that the County may impose conditions of
approval to mitigate any adverse impacts
which may result from granting the reduced
setback;
e. An animal waste management plan shall
accompany the application. The plan shall
be prepared in consultation with the Natural
Resource Conservation Service (NRCS),
local Conservation District, or similar agency;
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f. Adequate parking, traffic management, and
dust management shall be provided for
horse shows with stables with more than
twenty (20) stalls;
g. Public address systems using loud speakers
shall only be used between 10:00 a.m. and
8:00 p.m.;
h. A tack shop may be provided when it is only
for the use of owners of horses boarded at
the stable or event participants;
i. An on-site caretaker or manager's residence
is allowed; and
j. A parcel size of not less than ten (10) acres
shall be required.
8. Outdoor Shooting Ranges. Outdoor shooting
ranges are subject to the following standards:
a. They shall be located, designed, constructed
and operated to prevent the likelihood of
discharge of ammunition beyond the
boundaries of the parcel where they occur;
b. The National Rifle Association's Range
Manual shall be consulted and used in the
development and operation of ranges;
Articles 1, 2, and 3 of the safety recom-
mendations for outdoor shooting ranges
shall be used as minimum guidelines in the
design and construction of shooting ranges;
c. Warning and trespass signs advising of the
range operation shall be placed on the
perimeter of the property at intervals no
greater than fifty (50) feet;
d. The shooting areas shall be surrounded by
an eight-foot-high noise barrier in the form of
an earth berm or wall, or be located in a
minimal eight-foot deep depression;
e. The minimum lot size for an outdoor rifle,
trap, skeet or pistol range used by an
organization shall be ten (10) acres. For an
outdoor archery range used by an
organization, minimum lot size shall be five
(5) acres;
f. No structure or shooting areas associated
with a shooting range shall be located closer
than one hundred (100) feet to any lot line;
g. A minimum location of five hundred (500)
feet is required from any occupied dwelling
other than the dwelling of the owner;
h. All shooting areas must be completely
fenced; and
i. In the consideration of an application for
permit, the Approval Authority shall take into
account both safety and noise factors, and
may prescribe additional conditions with
respect thereto.
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9. Rural Recreational Lodging or Cabins for
Overnight Rental and Recreational Cultural or
Religious Conference Center/Retreat
Facilities. Rural Recreational Lodging or Cabins
for Overnight Rental and Conference Retreat
Facilities are subject to the following standards:
a. Minimum parcel size is ten (10) acres;
b. Fifteen (15) built cabins or bedrooms for
overnight lodging comprising up to. six
thousand (6,000) square feet of gross floor
area are allowed for every ten (10) acres of
parcel size, up to a maximum of thirty (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;
c. Lodging operators may not allow any person
to occupy overnight lodging on the premises
for more than three (3) months in any year;
d. New residential development shall not be
permitted. New residential development
includes the subdivision or sale of land for
year round or second-home residential
housing that is owner-occupied or rented;
e. An on-site caretaker or manager's residence
is allowed.
f. A conditional use permit subject to a Type III
approval process, which includes a public
hearing, shall be required.
10. Rural Restaurants. Rural Restaurants may be
allowed as Small-Scale Recreational and Tourist
Uses, subject to the following standards:
a. Only when associated with and subordinate
to a primary recreational or tourist use;
b. Indoor dining facilities shall not exceed a
total of fifty (50) seats, including outdoor
seating, unless it can be demonstrated that a
larger capacity facility is needed to serve the
demand generated by the primary
recreational or tourist use;
c. The structure shall constitute no greater than
five thousand (5,000) square feet of gross
floor area.
d. Drive-through food service is prohibited. This
does not include espresso stands.
4.36 Solid Waste. Handling
Disposal Facilities.
1. Solid waste handling and disposal facilities
include:
a. Sanitary landfills;
b. Transfer stations; and
c. Construction, demolition and landclearing
(CDL) facilities.
and
,.....
Unified Development Code
Section 4 . Performance and Use-Specific Standards
2. Solid waste handling and disposal facilities may
be allowed subject to the following conditions in
those districts specified in Table 3-1 and as
specified in Section 3.3.5:
a. Obtaining a special use permit pursuant to
the requirements of Section 3.3.5;
b. Obtaining, complying with, and maintaining a
solid waste handling permit from the
Jefferson County Health Department and
appropriate state agencies; and
c. Obtaining an access permit from the County
Engineer; and
d. The operation shall be effectively screened
from view from neighboring properties and
rights-of-way; and
e. The operation shall meet all federal, state
and local requirements for noise and air
quality control.
4.37 Tank Farm Facilities (Bulk Fuel
Storage).
The following standards apply to all tank farm
facilities:
1. Water supplies and sewage disposal facilities
adequate to serve the proposed use shall be
provided. Occupancy shall not be permitted
before water supplies and sewage disposal
facilities are approved and installed.
2. All tank farm facilities must meet the site
standards for industrial uses (Section 4.22).
3. Visual screening (Section 6.13) shall be provided.
4. All tank farm facilities must comply with
applicable state and federal standards.
4.38 Temporary Outdoor Uses.
1. The following temporary outdoor uses, unless
otherwise regulated by the provisions of Chapter
8.20, JCC, Assemblies, are permitted as a matter
of right and are exempt from an approval process
provided that the requirements below are met:
a. Garage or yard sales conducted on the
premises of a re~idential dwelling;
b. Rummage sales, outdoor sales, .and other
fund-raising activities sponsored by schools,
places of worship, or other nonprofit organi-
zations. Such uses shall not occur on a site
for more than thirty (30) days in anyone (1)
calendar year;
c. Outdoor arts and crafts shows and exhibits
on public park and/or school property;
d. Neighborhood association meetings or
picnics on. property owned by the association
or its members;
4-27
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
e. One sales office for the purpose of selling
lots or homes within a subdivision con-
structed on the site of a subdivision prior to
final plat approval and may operate until all
of the lots have been developed and sold;
f. Properties rented or used for personal social
events, such as wedding receptions, private
parties, or similar activities, not more than
four (4) times during anyone (1) calendar
year;
g. Estate sales held on the property of the
deceased;
h. Christmas tree sales limited to no more than
thirty (30) days of site occupation and
operation in only a one (1) year period.
Merchandise displays may only occupy
parking stalls which are in excess of parking
requirements;
i. Running, walking and biking events
associated with charitable or community
events;
j. Hay rides, corn mazes, square dances, pony
rides, and harvest social gatherings; and
k. Similar uses as determined by the
Administrator.
2. The following temporary outdoor uses, unless
otherwise regulated by the provisions of Chapter
8.20, JCC, Assemblies, are allowed subject to a
Type I approval process for a Temporary Outdoor
Use Permit:
a. Outdoor art craft shows and exhibits not
exceeding three (3) days and not located on
public park and/or school property;
b. Circuses, carnivals and similar transient
amusement enterprises, limited to not more
than thirty (30) days of site occupation and
operation in anyone (1) calendar year;
c. Rummage and other outdoor sales spon-
sored by schools, places of worship or other
nonprofit organizations occurring more than
thirty (30) days in anyone (1) calendar year;
d. Charitable or community events, not exceed-
ing seven (7) days in duration and not more
than four (4) times in anyone (1) calendar
year;
e. Overflow off-site parking, not exceeding
seven (7) days in duration and not more than
four (4) times in anyone (1) calendar year;
f. Auctions, not exceeding three (3) days and
not located on public park and/or school
property;
g. Temporary asphalt or concrete batch plants
for public road construction or repaving.
Provided that all equipment, including the
4-28
-/
plant shall be removed within thirty (30) days
of project completion and the site shall be
restored to its original condition; and
h. Similar uses as determined by the
Administrator.
3. The following temporary outdoor uses, unless
otherwise regulated by the provisions of Chapter
8.20, JCC, Assemblies, are allowed, subject to
an administrative (Type II) conditional use (Ca)
permit:
a. Outdoor art craft shows and exhibits
exceeding three (3) days and not located on
public park and/or school property;
b. Circuses, carnivals and similar transient
amusement enterprises more than thirty (30)
days of site occupation and operation in any
one (1) calendar year;
c. Charitable or community events exceeding
seven (7) days in duration or more than four
(4) times per year for any single property;
d. Properties rented or used for personal social
events, such as wedding receptions, private
parties, or similar activities, more than four
(4) times during anyone (1) calendar year;
e. Overflow off-site parking exceeding seven
(7) days in duration or more than four (4)
times in anyone (1) calendar year;
f. Auctions exceeding three (3) days or more
or held more than four (4) times in anyone
(1) calendar year on the site of any legally
established nonresidential use;
g. Similar uses as determined by the
Administrator.
4. Temporary outdoor uses are subject to the
following regulations:
a. No temporary outdoor uses shall be
permitted on public rights-of-way, unless .ê.
right-of-way obstruction permit is authorized
by the County Engineer;
b. Approval of temporary outdoor uses is
subject to written permission of the property
owner on which the use is to be located; .
c. The County may apply additional conditions
to any permit for a temporary outdoor use in
order to:
(1) Ensure compliance with the intent of
this Code;
(2) Ensure that such outdoor use is not
detrimental to neighboring properties
and the community as a whole; and
(3) Ensure compliance with the Uniform
Building Code and Uniform Fire Code;
-/
...../
Unified Development Code
Section 4' Performance and Use-Specific Standards
-
SECTION 4' PERFORMANCE AND USE-SPECIFIC STANDARDS
,...,
(4) Within three (3) days after termination
of any temporary outdoor use permit,
such use shall be abated and all
structures, signs and evidence of such
use removed. The Administrator may
require a cash bond be posted by the
applicant upon application to defray
the cost of cleanup and repair of the
property should the applicant fail to do
so; and
(5) Temporary outdoor use permits not
exercised within one hundred eighty
(180) days of issuance shall be null
and void.
5. In addition to any other remedy provided by this
Section, at any time when such temporary
outdoor use is operated in violation of required
conditions of this section, or otherwise found to
constitute a nuisance, the County may revoke the
temporary outdoor use permit. The permittee
shall be given notice of and an opportunity to
contest the revocation prior to a final
determination. If, in the opinion of the
Administrator, the violation poses a life, health, or
safety threat, the use permit may be revoked
immediately, and the permittee shall be given the
opportunity to request consideration and/or
appeal.
6. Where any provision of this Section 4.38,
Temporary Outdoor Uses, is in conflict with
Chapter 8.20 JCC, Public Assemblies, the
provisions of Chapter 8.20 JCC shall control.
4.39 Temporary Festivals.
1. Temporary Festival. A temporary festival is
generally defined as any musical, cultural, or
social event conducted in an indoor or outdoor
site or facility that is of a duration of more than
one (1) month out of any 12-month period, and
attracts two hundred fifty (250) or more people in
anyone (1) day. For the purposes of this Section,
each week during which the temporary festival
operates for two or more days shall be
considered a full week.
2. The temporary festivals are allowed, subject to a
conditional use permit, unless otherwise
regulated by the requirements and provisions of
Chapter 8.20 JCC, Assemblies.
3. Temporary festivals are subject to the following
regulations:
a. Those regulations specified above for
temporary outdoor events;
b. Operators of temporary festivals shall submit
a part of the application for conditional use
permit written plans of operation describing
those means and methods to be employed
-
Unified Development Code
Section 4 . Pe¡fonnance and Use-Specific Standards
to minimize impacts to neighboring parcels
resulting from the temporary festival,
including traffic, litter, trespass, vandalism,
property damage, and sanitation.
c. The provisions of Chapter 8.20 JCC,
Assemblies, where applicable.
4. Violations. In addition to any other remedy
provided by this Chapter, at any time when such
temporary festival is operated in violation of
required conditions of this Section or a
conditional use permit, or otherwise found to
constitute a nuisance, the County may revoke the
conditional use permit. The permittee shall be
given notice of and an opportunity to contest the
revocation prior to a final determination. If, in the
opinion of the Administrator, the violation poses a
life, health or safety threat, the use permit may be
revoked immediately, and the permittee shall be
given the opportunity to request consideration
and/or appeal.
5. Where any provision of this Section 4.39,
Temporary Festivals, is in conflict with Chapter
8.20 JCC, Public Assemblies, the provisions of
Chapter 8.20 JCC shall control.
4.40 Utility Developments, Minor.
1. Minor Utility Development. Minor utility
developments include utility developments designed
to serve a small local community, are not manned and
would be considered normal utility services for the
area, including but not limited to:
a. Electrical generating facilities less than ten
(10) megawatts in output;
b. Electrical distribution and transmission lines
less than 115 kV;
c. Electrical substations;
d. Water and sewer pipelines;
e. Pipelines for petroleum or petroleum
products with an inside diameter less than
six (6) inches or less than five (5) miles in
length;
f. Pipelines for natural gas, synthetic natural
gas, or liquid propane gas with an inside
diameter less than twelve (12) inches or less
than five (5) miles in length;
2. The following standards apply to all minor utility
developments:
a. Utility developments shall comply with the
goals and policies of the Comprehensive
Plan and the requirements of the Shoreline
Master Program;
b. New utility distribution lines shall be placed
underground wherever reasonable and
practical. Undergrounding of existing lines in
the course of routine maintenance and
4-29
SECTION 4 . PERFORMANCE AND USE-SPECIFIC STANDARDS
replacement is encouraged where practi-
cable, particularly where such under-
grounding would enhance recognized scenic
and open space areas and resources;
c. Environmental impacts resulting from
installation or maintenance of utilities and
utility facilities shall be avoided or minimized.
Where no feasible alternative to the impact
exists, and mitigation is not feasible,
appropriate compensating measures should
be developed;
d. Utilities and transportation facilities shall be
installed in the same rights-of-way when the
effect will be to reduce the adverse impacts
on the physical environment;
e. Extension of community sewerage lines
outside of existing areas shall be allowed
only if:
(1) The extension is demonstrated to be
necessary to remedy existing or
potential groundwater contamination
problems or to correct existing or
impending health hazards, as
determined by the County Health
Official; or
(2) The extension is to provide sewage
collection and treatment service to a
public elementary or secondary
school; and
f. Routine maintenance and replacement of
wired utility transmission and distribution
lines and poles within existing rights-of-way,
where environmentally sensitive areas are
not present and where exempt from SEPA
and Shoreline Master Program review, are
authorized without further permit application
and development approval, provided that
such construction and activities shall comply
with applicable performance and
development standards of this Code.
g. It shall be the affirmative du.ty of ~~e
applicant who proposes a minor utility
development to determine if any state or
federal permits or licenses are necessary
and then to obtain those permits or licenses
at their own expense.
4.41 Utility Developments, Major.
1. Major Utility Developments. Major utility
developments include utility development
designed to serve a broader community or
regional area, or are manned, including but not
limited to:
a. Electrical generating facilities greater than
ten (10) megawatts in output;
4-30
-./
b. Electrical transmission lines exceeding
115 kV;
c. Pipelines for petroleum or petroleum
products with an inside diameter of six (6)
inches or greater and exceeding five (5)
miles in length;
d. Pipelines for natural gas, synthetic natural
gas, or liquid propane gas with an inside
diameter of twelve (12) inches or greater and
exceeding five (5) miles in length;
e. Other similar utility or energy facilities not
meeting the definition of a minor utility
development.
2. The following standards apply to all major utility
developments:
a. The need for the particular location proposed
shall be demonstrated by the applicant to the
satisfaction of the Approval Authority,
including a full accounting of alternative
locations and sites;
b. The physical and economic impacts of such
facilities shall be evaluated, and measures to
mitigate these impacts provided; and
c. Development shall comply with the require-
ments of Section 4.22, Industrial Uses -
Standards for Site Development.
d. It shall be the affirmative duty' of the
applicant who proposes a major utility
development to determine if any state or
federal permits or licenses are necessary
and then to obtain those permits or licenses
at their own expense.
4.42 Veterinary Clinics or Hospitals.
1. Veterinary clinics or hospitals are subject to the
following standards:
a. Current construction, maintenance and
operation standards of the American ~nimal
Hospital Association shall apply at all times;
b. Boarding and grooming of animals, other
than that incidental to medical and surgical
care, shall be allowed subject to meeting the
provisions. for commercial animal kennels
and shelters in Section 4.6 of this UDC; and
c. Development shall comply with the require-
ments of Section 4.22 Industrial Uses -
Standards for Site Development; including
requirements for off-street parking, visual
screening, and landscaping.
--./
.......,/
Unified Development Code
Section 4' Performance and Use-Specific Standards
""",
SECTION 5
.-
Existing Shoreline Master Program
(Under Separate Cover)
..",
SECTION 6
"", ""
Development Standards
-""""
.-...
Section
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
SECTION 6 . DEVELOPMENT STANDARDS
Page
General Provisions .............................................................................................1
General Developm~~t'St~~d~~d~::::::::::::::::::::::::.............................................................................................1
~e~~g;UÓi~~~~;I"::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~
Density, Dimension, and Open Space Standards............................................................................................2
Grading and Excavation Standards. ..........................~.....................................................................................6
Stormwater Management Standards. ..............................................................................................................7
~:~£:i~~:~~~~i~¡~~::::::::: :::::: :::::::::::::::::::::::::: ::::::::::::: :::::::: ::::::: :::::::::::::::::: ::::::::::: ::::::::: :::::::::::::::j~
Off-Street Loading Space Requirements. ......................................................................................................16
Utility Service Lines and Facilities. ................................................................................................................16
Landscaping/Screening. ................................................................................................................................16
~ii~~~~.~.'.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~
Archaeological and Historic Resources. ........................................................................................................21
Mining, Quarrying and AsphalUConcrete Batch Plant Best Management Practices in Critical Aquifer
Recharge Areas. ......................................................,.................................................,...................................21
On-Site Sewage Disposal Best Management Practices in Critical Aquifer Recharge Areas. ........................27
Noise..............................................................................................................................................................28
.-...
6.1 General Provisions.
1. Purpose. The purpose of this Section is to
establish provisions to set criteria associated
with the development and redevelopment of land
to achieve the goals and policies of the Jefferson
County Comprehensive Plan. This Section is
intended to accomplish the following purposes:
a. Facilitate the orderly development of
properly designed and constructed public
and private roadways so as to provide a
safe, durable and efficient integrated
roadway system;
b. Protect public
resources, and
degradation due
practices;
c. Protect the public interest in management of
surface water drainage and related functions
of drainage basins, water courses, and
shoreline areas; and
d. Fulfill the objectives of the comprehensive
planning policies of Jefferson County in
promoting the health, safety, and welfare of
the public.
2. Applicability. The development standards of
Section 6 are designed to effect the goals and
policies of the Comprehensive Plan, and apply to
all development and land use activities subject to
.-..
rights-of-way, natural
open space from
to poor development
Unified Development Cede
Section 6 . Development Standards
this Code and within all land use districts except
as may be specified below.
6.2 General Development Standards.
The development standards of this section shall apply
within each land use district and shall be minimum
standards that apply uniformly to each class or kind
of structure or land, except as hereinafter provided:
1. No building, structure or part thereof shall
hereafter be erected, constructed, reconstructed,
moved or structurally altered unless in conformity
with all of the regulations specified in this section
for the land use district in which it is located;
2. No building or structure shall encroach on any
public right-of-way; no building or structure shall
encroach on any private easement or right-of-
way unless written permission is obtained from
the easement -grantee or right-of-way owner;
3. No part of a yard, or other open space, or off-
street parking or loading space required about or
in connection with any building for the purpose of
complying with this section, shall be included as
part of a yard, open space or off-street parking or
loading space similarly required for any other
building or structure; and .
4. Except as may be specifically provided
elsewhere in this Code, only one dwelling unit
and one accessory dwelling unit per lot is
6-1
SECTION 6' DEVELOPMENT STANDARDS
-../
allowed in those districts that permit residential
uses.
5. All land use activities shall be served by
appropriate transportation facilities.
Transportation facilities shall be adequate both to
serve the proposed land use and to avoid
adverse effects to the existing transportation
system. If transportation facilities are inadequate,
the applicant shall be required to make provision
for necessary improvements. Transportation
facilities shall be deemed adequate if necessary
improvements are planned and designated
funding is secured in the Jefferson County Six
Year Transportation Improvement Program.
6.3 Water Supplies.
When the development or redevelopment of land
requires the availability of a supply of potable water
as determined by the Administrator, potable water
shall be delivered by a means approved by the
Washington Department of Health and/or Jefferson
County Health and Human Services.
1. All development must conform to the
requirements of the Jefferson County Health
Department and the Jefferson County
Coordinated Water System Plan regarding the
availability and provision of water.
2. Water supply facilities shall be adequate to
provide potable water from a public or community
water supply source and shall be constructed in
conformity to standards of the jurisdictional
governmental authority, unless the Jefferson
County Department of Health approves the use
of individual, on-site water supply wells.
3. Water sources and facilities adequate for fire
protection purposes shall be provided in all
developments to the satisfaction of the Jefferson
County Fire Marshal. Fire flow shall be
determined in accordance with the provisions of
Title 15, JCC, as amended.
6.4 Sewage Disposal.
1. All development shall be provided with a sanitary
sewer system connection approved by the
jurisdictional governmental authority, unless the
Jefferson County Department of Health approves
the use of individual, on-site septic: systems and
drainfields. Septic permits in compliance with
Chapter 8.15 JCC shall only be issued in
conjunction with an associated building permit,
except for RV's on individual lolts, where the
septic system shall be limited in size to only
accommodate the RV.
2. Design and construction standards for on-site
sewage disposal shall conform to the
6-2
requirements of the Jefferson County
Department of Health or the agency having
regulatory responsibility for the system.
6.5 Density, Dimension, and Open
Space Standards.
1. Purpose. This section establishes 1) density
requirements; 2) bulk, area, and dimensional
standards; and 3) specific rules for all uses.
These standards and rules are intended to
provide flexibility in project design and to
maintain privacy between adjacent uses.
2. Development Standards. Section 6.5 and Table
6-1 contain general density, intensity, and
dimensional standards for the various land use
districts. Limitations specific to a particular
district are also specified.
3. Measurement Methods. The following methods
will be used to determine compliance with this
Code:
a. The "maximum density" for a parcel is
calculated by dividing the parcel area by the
total number of residential dwelling units
allowed according to the density
designation. Only whole density units may
be used.
-..../
-../
Unified Development Code
Section 6 . Development Standards
)
)
)
SECTION 6. DEVELOPMENT STANDARDS
Development Standard
Maximum Density (DU/Acre)
Minimum Lot Area
Mirlimum Front or Road Setbacks (feet)
Minor Collector & Local Access
Major Collector
Minor Arterial
Principal Arterial
Special Setback from
Resource Lands
Minimum Rear and Side Setbacks (feet)
Maximum Building Dimensions
Building Height (feet)
Area of Impervious Surface
Coverage (%)
Total Building Size (sq.ft.)
,,",,'.'
Table 6-1: Density, Dimension and Open Space Standards
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Specified
KEY:
'To implement the intent of LNG 19.0 of the Comprehensive Plan to protect the forest corridor and tree canopy in the southem portion of the Glen CovelTri-Area, the setback from the right-<Jf-way of SR 20 shall be 50 feet on each side of
the highway (comprised of a 30' buffer and a 20' setback from the buffer), for new development, from the intersection of Old Fort Townsend Road and SR 20 to the incorporated boundary of the City of Port Townsend.
'Except if subject to the special setbacks required from adjacent resource lands as specified in Section 3.5.
3Special Rear and Side Setbacks:
. Wherever a residential use is proposed to abut a commercial use or zone, and vice versa, the setback shall be thirty-five (35) feet
. Wherever a residential use is proposed to abut a light industrial use or zone, and vice versa, the setback shall be twenty-five (25) feet, unless otherwise specified in this Code.
. Wherever a residential use is proposed to abut a heavy industrial use or zone, and vice versa, the setback shall be one hundred (100) feet, unless otherwise specified in this Code.
'Wherever a commercial use is proposed to abut an industrial use or zone, and vice versa, the setback shall be twenty (20) feet, unless otherwise specified in this Code.
Unified Development Code
Section 6 . Development Standards
~
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20
30
35
50
20
30
35
50
20
30
35
50
20
30
35
50
20
30
35
50
20
30
35
501
20
30
35
50
5
5
52
53
A SPECIAL SETBACK is REQUIRED FROM THE ADJACENT RESOURCE LAND OR USE AS SPECiFIED IN SECTION 3.5.
203.4
52
52
53
35
35
35
35
35
35
35
10
10
25
10
10
10
25
SUBJECT TO DEPARTMENT OF HEALTH ON-SITE SEPTIC AND WATER
CONSTRAINTS, LOT SIZE AND ALL OTHER APPLICABLE REQUIREMENTS
35
35
60
60
20,000
35
UBC
Std.
60
60
None
Specified
6-3
SECTION 6' DEVELOPMENT STANDARDS
-...../
Notes:
1. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline Master Program
(SMP) or when impairing safe sight lines at intersections, as determined by the County Engineer.
2. Setbacks do not apply to mailboxes; wells; pump houses; bus shelters; septic systems and drainfields (except in
the SMP); landscaping (including berms); utility apparatus such as poles, wires, pedestals, manholes, and
vaults. No other structures or communication devices (such as antennas, satellite dishes) shall be located in the
front setback area unless approved by the Administrator. The Administrator may reduce the minimum front road
setbacks if the strict application of such setback would render a legal lot of record unbuildable under the
provisions of this Code.
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles, utility lines and poles,
skylights, communication sending and receiving devices, HVAC and similar equipment, and spires associated
with places of worship are exempt from height requirements.
4. Structures used for the storage of materials for agricultural activities are exempt from the maximum building
height requirements.
5. Approved subarea plans may establish different bulk and dimensional requirements for those areas.
6. "N/A" = Not Applicable.
7. Road Classifications. To clarify the setbacks for development activities consistent with the requirements of this
section, the following road designations shall apply:
. Principal arterials. US 101, SR 104, SR 20.
. Minor arterials. SR 19 (Beaver Valley Road, Rhody Drive, and Airport Cutoff).
. Major collectors. SR 116 (Ness' Corner Road, Oak Bay Road to Flagler Road and Flagler Road), Center
Road, Chimacum Road, Irondale Road, Quinault-South Shore Road, Upper Hoh Road.
. Minor collectors. Anderson Lake Road, Bee Mill Road, Cape George Road, Clearwater Road, Cooke
Avenue Extension, Coyle Road, Dabob Road, Dabob P.O. Road, Dosewallips Road, Duckabush Road, E.
Quilcene Road, -Four Corners Road, Eaglemount Road, Hastings Avenue West, Hazel Point Road, Larson
Lake Road, Oak Bay Road, Paradise Bay Road, Penny Creek Road, Point Whitney Road, S. Discovery
Road, Thorndyke Road, South Point Road.
The special side and rear setbacks provided in Table 6-1 shall also apply to outbuildings for residential or
agricultural uses such as detached garages, storage sheds or tool sheds, except for existing lots of record less
than five (5) acres wherein the minimum rear and side yard setbacks for outbuildings shall be five (5) feet.
8.
a. "Parcel area" or "lot area" is the total
horizontal land area contained within the
boundaries of a parcel.
b. Setbacks from roads shall be measured from
the edge of the road right-of-way. Side and
rear setbacks are measured from the edge of
the property in the same manner as road
setbacks.
c. "Impervious surface" is measured by
calculating the horizontal land area of all
surface areas that create a barrier to or retard
the entry of water into the soil in comparison
with natural conditions prior to development,
including but not limited to buildings, parking
areas, driveways, roads, sidewalks, patios,
graveled areas, packed earth, and oiled
surfaces. Open, uncovered
retention/detention facilities shall not be
6-4
-...../
considered as impervious surfaces. See also
Section 6.7, Storm Drainage Standards.
d. The height' of buildings and structures shall
be the vertical distance above a reference
datum measured to the highest point of a flat
roof, or to the deck line of a mansard roof, or
to the average height of the highest gable of a
pitched or hipped roof. The reference datum
shall be selected by either of the following,
whichever yields a greater height of building:
(1) The elevation of the highest adjoining
sidewalk or finished ground surface
within a five-foot horizontal distance of
the exterior wall of the building when
such sidewalk or finished ground
surface is not more than ten (10) feet
above the lowest finished grade; or
(2) An elevation ten (10) feet higher than
the lowest finished grade when the
--/
Unified Development Code
Section 6 . Development Standards
-
SECTION 6' DEVELOPMENT STANDARDS
4.
highest sidewalk or finished ground
surface described in (1) above is more
than ten (10) feet above lowest finished
grade.
The height of a stepped or terraced building
shall be the maximum height of any segment
of the building. The height of other structures
not containing a roof shall be the vertical
distance from the base of the structure to its
highest point.
Density Exemptions. In land use districts with
minimum density requirements, up to one
additional substandard or nonconforming lot can
be segregated on a legal lot of record containing
more than one primary dwelling unit and septic
system consistent with the requirements for a
short subdivision under Section 7.3 of this Code,
provided that all conditions set forth in this Section
6.5.4 are satisfied:
a. The parcel to be divided contains more than
one existing legally permitted residential
structure (not including an approved or
functioning Accessory Dwelling Unit), of which
all structures have an individual, legally
permitted and installed septic system
approved by the Jefferson County
Environmental Health Department, and
neither structure was approved as, or
functions as, an accessory dwelling unit
(ADU);
b. If on or before January 20, 1998, the parcel to
be divided contained one or more existing
legally permitted residential structures, of
which each structure had an installed,
individual and legally permitted septic system
approved by the Jefferson County
Environmental Health Department, and the
property contained at least one additional
legally permitted and installed septic system
not yet dedicated or connected to an existing
residential structure.
c. The following conditions shall apply to all
density exemptions authorized under this
section 6.5.4 :
(1) A property owner who meets the criteria
in section 6.5.4(b), above, and has
more than one unconnected, but legally
permitted and installed septic system
approved by the Jefferson County
Environmental Health Department shall
only be allowed to create one additional
lot through the short plat process,
regardless of the total number of legally
---
""....
Unified Development Code
Section 6 . Development Standards
(2)
permitted and installed, but
undedicated septic systems on the
property.
Each of the existing residential units
must have been constructed in
compliance with all applicable building
codes, zoning codes, and county, state
and federal laws in effect at the time of
construction and/or placement in the
case of a manufactured or mobile
home, and none of the residential
structures were permitted as an ADU
and neither structure consists of a
recreational vehicle or travel trailer.
Each of the installed septic systems
were legally permitted at the time of
installation and are currently functioning
properly as determined by the Jefferson
County Environmental Health
Department, and are in compliance with
the applicable environmental health
regulations as reviewed and approved
by the Jefferson County Environmental
Health Department.
The property shall be divided in a
manner that creates lots of a size which
are as equal as possible or as close to
conforming with the minimum lot size or
mapped density requirements of this
Code, whichever is the more restrictive.
Lots created under the exemption
authorized in this section 6.5.4 shall be
exempt only from the density or
minimum lot size requirements of this
Code and shall be_subject to all other
requirements of this Code, including the
requirement for its own access or
agreed upon and legally created shared
access (shared easement), as well as
compliance with all other applicable
county, state and federal laws.
The responsibility to demonstrate that
each residential structure was
constructed or sited under a valid
building permit and/or the regulations in
effect at the time of construction, or
placement in the case of a
manufactured or mobile home, and that
each septic system was approved and
inspected by the Jefferson County
Environmental Health Department shall
be that of the proponent.
The provisions of this section 6.5.4
shall not apply to any recreational
(3)
(4)
(5)
(6)
(7)
6-5
SECTION 6, DEVELOPMENT STANDARDS
-./
vehicle parks, mobile home parks,
campgrounds, camper clubs, seasonal
(vacation) homes, or any property
developed under a binding site plan.
6.6 Grading and Excavation
Standards.
1. General Regulations.
a. All grading and clearing activities shall be
conducted so as to minimize potential
adverse effects of these activities on forested
lands, surface water quality and quantity,
groundwater recharge, and fish and wildlife
habitat, adjacent properties and downstream
drainage channels.
b. Grading and excavation to construct ponds
and reservoirs shall:
(1) Meet all applicable setbacks specified
in this Code, except for stormwater
detention facilities authorized by the
County Engineer;
(2) Maintain in-stream flows of natural
drainage courses; and
(3) Protect adjacent property from damage.
2. Drainage and Erosion Control. All grading
activities shall be accomplished as follows:
a. Design and maintain adequate buffers of
undisturbed native vegetation to minimize off-
site impacts of surface water runoff, erosion,
and sedimentation.
b. Design and 'construct all graded surfaces that
are to be revegetated so that the graded
surfaces will hold topsoil and to minimize
surface runoff, erosion, and sedimentation.
c. Selectively salvage the upper six to twelve
inches of topsoil, stockpile it, and respread
over all disturbed areas to be revegetated.
Excess excavated material, if not retained
onsite, must be disposed of at a permitted site
approved by the Administrator.
d. Any area cleared or graded and not covered
with gravel or an impervious surface shall be
seeded immediately on completion of the
project. If erosion is probable, areas with
exposed soil shall be protected by temporary
means during and following construction until
seeding is established. All disturbances
should at least be revegetated with grasses
and forbs; include shrubs, and trees as
appropriate in the revegetation effort. Use of
plant species native to the County is
encouraged.
6-6
3.
e. Natural vegetation shall be retained to the
maximum extent possible in construction and
operation of any use. All development shall
ensure that soil erosion and sedimentation of
drainage ways will be controlled to prevent
damage to adjoining property and
downstream drainage channels and receiving
waters.
f. Surface drainage shall not be directed to or
discharged into County roads or ditches
within County rights-of-way unless approved
by the County Engineer.
g. A drainage analysis shall be prepared if
required by Section 6.7. Drainage controls
may be required to regulate volume, peak
flow and velocities of runoff water and to
control pollutants, erosion, and sedimentation
if it is probable that damage could occur
downstream to property or to water quality.
Such controls may include landscaping or re-
establishing native vegetation, ponds, catch
basins, and other control structures.
h. For effective long-term weed control, it is
suggested that the landowner coordinate with
the County Weed Control Board to eradicate
nuisance species.
Best Management Practices (BMPs). BMPs
from the currently adopted Stormwater
Management Manual for the Puget Sound Basin
(SMM) (see Section 6.7) or as specified by the
County Engineer shall be employed in the control
of erosion and sediment during construction, to
permanently stabilize soil exposed during
construction, and in the design and operation of
stormwater and drainage control systems.
Environmentally Sensitive Areas. All clearing
and grading activities that will occur in or
adversely affect environmentally sensitive areas
shall be subject to the regulations of Section 3.6.4
et seq., and Section 6.7, without limitation to
thresholds found herein:
a. Critical Aquifer Recharge Areas. Standards
governing development activities in these
areas are found in Section 3.6.5.
b. Frequently Flooded Areas. Fills in flood
hazard areas as identified on the FIRM (Flood
Insurance Rate Maps) maps are not permitted
unless the Administrator finds that no
reasonable alternative exists.
c. Geologically Hazardous Areas. Standards
governing development activities in these
areas are found in Section 3.6.7.
-./
4.
...../
Unified Development Code
Section 6 . Development Standards
-
SECTION 6. DEVELOPMENT STANDARDS
-
d. Fish and Wildlife Habitat Areas. Standards
governing development activities in these
areas are found in Section 3.6.8.
e. Regulated Wetlands. Alteration (filling,
excavating, or draining) of regulated wetlands
shall be subject to the provisions of Section
3.6.9.
5. Grading.
a. Project or building permits which involve
grading of 500 or more cubic yards are
subject to environmental review under the
State Environmental Policy Act (SEPA)(see
Section 8.10 of this Code) unless the grading
is SEPA-exempt under WAC 197-11-800.
(Note: this does not apply when grading is
associated with a development or activity
which is categorically exempt from SEPA
review requirements. Most minor new
construction, including construction of a
single-family house and related outbuildings,
is exempt from SEPA review; see WAC 197-
11-800.)
b. All grading of 500 cubic yards or more shall
be subject to a stormwater management
permit, as specified in Section 6.7.6., with the
exception of:
(1) Maintenance of gravel roads;
(2) A SEPA-exempt (cf. WAC 197-11-
800(2)(d» residential driveway;
(3) Construction of a Class I-III logging
road (per RCW 76.09.050 and WAC
222);
(4) Drainage improvements constructed in
accordance with Sections 6.6.2 and 6.7
of this Code; or
(5) Construction of a pond of one-half acre
or less which is not in a regulated
wetland.
"....
6.7 Stormwater
Standards.
All new development and redevelopment must conform
to the standards and minimum requirements set by the
Washington Department of Ecology Stormwater
Management Manual for the Puget Sound Basin
(SMM)-currently adopted by Jefferson County and
obtain a stormwater management permit if required by
Section 6.7.6. The Administrator may require additional
measures as indicated by the environmental review or
other site plan review.
1. Definitions. For the purposes of this Section 6.7,
the definitions at 1-2.1 of the SMM shall apply:
Management
Unified Development Code
Section 6 . Development Standards
a. "Small Parcel Developmenf is a development
that:
(1 )
creates or adds less than 5,000 square
feet of impervious area; or
(2) the construction of an individual,
detached, single-family residence,
accessory dwelling unit, or duplex (less
than 5,000 square feet); or
(3) land-disturbing activities of 10,000
square feet or more, but less than one
(1) acre.
b. "New Developmenf includes land-disturbing
activities, structural development
(construction, installation or expansion of a
building or other structure), creation of
impervious surfaces, Class IV General forest
practices and COHP plans, and subdivision,
short subdivision and binding site plans as
defined in RCW 58.17.020.
c. "Redevelopmenf includes, on an already
developed site, the creation or addition of
impervious surfaces, structural development,
and replacement of impervious surface that is
not part of routine maintenance; and also,
land-disturbing activities that are associated
with the above activities.
d. "Impervious surface" means a hard surface
area which creates a barrier to the entry of
water into the soil mantle in comparison with
natural conditions prior to development, or
which causes water to run off the surface in
greater quantities or at an increased rate of
flow from the flow present under natural
conditions prior to development. Common
impervious surfaces include roofs, driveways,
patios, packed earth, and oiled surfaces.
Open, uncovered retention/ detention facilities
shall not be considered as impervious
surfaces.
e. A "land-disturbing activity" results in a change
in the existing soil cover (both vegetative and
nonvegetative) or the existing topography,
and include but are not limited to demolition,
construction, clearing, grading, filling, and
excavation.
2. Exemptions. Commercial agriculture, and forest
practices regulated under WAC 222, "except for
Class IV General forest practices and COHPs
(see Section 4.16 of this Code), are exempt from
the provisions of the minimum requirements.
3. Small Parcel Minimum Requirements. Small
parcel development meeting the criteria of Section
6.7.1.a, above, shall be required to control erosion
6-7
SECTION 6, DEVELOPMENT STANDARDS
......./
4.
and sediment during construction and to
permanently stabilize soil exposed during
construction. Such development shall:
a. Comply with the minimum requirements 1-4
for small parcels in Section 1-2.3 of the SMM,
and shall employ the small parcel Best
Management Practices (BMPs) of Section 11-
5.10;
b. Applicants for all small parcel development
meeting the criteria for Section 6.7.1.a,
above, except for detached single-family
residences and duplexes creating or adding
less than 3,000 square feet and land
disturbing activities of less than 10,000
square feet, shall prepare a small parcel
erosion and sediment control plan (or, show
on other diagrams being prepared for the
project, if appropriate) showing:
(1) vicinity map;
(2) location of the structure and its access;
(3) all applicable setback requirements;
(4) location of all applicable erosion and
sediment control BMPs; and
(5) existing site features and sensitive
areas.
New Development Minimum Requirements.
a. New development that includes 1) the
creation or addition of less than 5,000 square
feet of impervious surface that covers more
than 50 percent of the site; or 2) the creation
or addition of 5,000 or more square feet of
impervious surface and land-disturbing
activities of less than one acre shall comply
with the Permanent Stormwater Quality
Control (PSQC) Plan minimum requirements
2-11 in Sections 1-2.6 through 1-2.15 of the
SMM, and the small parcel minimum
requirements of Section 6.7.3, above.
b. New development that includes 1) the
creation or addition of 5,000 or more square
feet of impervious surface, and/or 2) land-
disturbing activities of one acre or more, shall
comply with Large Parcel Erosion and
Sediment Control Plan minimum requirement
No.1 in Section 1-2.5 of the SMM, the PSQC
Plan minimum requirements Nos. 2-11 in
Sections 1-2.6 through 1-2.15 of the SMM, and
a Stormwater Site Plan shall be prepared.
c. Stormwater Site Plan. A stormwater site plan
required by Sections 6.7.4.b, 6.7.5.a or .b
shall be developed to the standards of
Sections 1-3.4 and 1-3.5 of the SMM, and
include:
6-8
5.
(6) project overview;
(7) plot plan, including the elements of
Section 6.7.3.b and:
i. locations of structures and other
impervious surfaces;
locations of stormwater runoff
control facilities;
iii. road rights-of-way
easements.
(8) preliminary conditions summary;
(9) analysis of off-site water quality impacts
(including groundwater) resulting from
the project, and mitigation measures;
(10) analysis and design of proposed
stormwater runoff control facilities,
including treatment and source control
BMPs (ct. Section 1-4 of the SMM,
which provides a list of and selection
process for BMPs);
(11) erosion and sediment control plan;
(12) special reports and studies;
(13) stormwater and drainage system
maintenance specifications.
Redevelopment Minimum Requirements.
a. Where redevelopment of 5,000 or more
square feet of impervious surface occurs:
(1) the new development minimum require-
ments 1-11 in Sections 1-2.5 through 1-
2.15 of the SMM shall apply to that
portion of the site that is being
redeveloped;
(2) source-control BMPs (cf. Section 1-4 of
the SMM, which provides a list of and
selection process for BMPs) shall be
applied to the entire site (including
adjoining parcels if they are part of the
project; and
(3) a Stormwater Site Plan shall be
prepared.
b. In addition to the requirements of Section
6.7.5.a, above, a Stormwater Site Plan (see
Section 6.7.4.c, above) shall also be prepared
to implement the minimum requirements to
the maximum extent practicable for the entire
site when any of the following conditions
apply:
(1) existing sites larger than one acre with
50 percent or more impervious surface;
(2) sites that discharge to a receiving water
that has a documented water quality
problem as defined by the Jefferson
--/<
ii.
and
"-"
Unified Development Code
Section 6 . Development Standards
"....
SECTION 6 . DEVELOPMENT STANDARDS
"....
County Health Department or by criteria
listed in Section 1-2.4.2.B.2 of the SMM;
or
(3) sites where the need for additional
stormwater control measures has been
identified through a watershed plan,
marine habitat protection plan, or by the
Puget Sound Water Quality Authority.
6. Stormwater Management Permit and Plan
Review. All grading of 500 cubic yards or more
[not exempted under 6.6.5(b)], land-disturbing
activities of 10,000 square feet or more, or
creation of 5,000 square feet or more of
impervious surface shall be. subject to a
stormwater management permit. Prior to issuance
of a stormwater management permit, the applicant
shall submit the required stormwater management
plans to the Administrator for review and approval.
The Administrator shall issue the stormwater
management permit consistent with a Type 1
permit process (as specified in Section 8) only
upon a finding that the proposed use or activity
meets all applicable requirements of Sections 6.6
and 6.7, and any other applicable requirements of
this Code.
a. Applications for grading projects or land-
disturbing activities which require a
stormwater management permit shall include
the following information. The Administrator
may waive specific submittal requirements
determined to be unnecessary for review of
the application.
(1) Source of fill material and deposition of
excess material;
(2) Physical characteristics of fill material;
(3) Proposed methods of placement and
compaction consistent with the
applicable standards in Appendix
Chapter 33 of the Uniform Building
Code;
(4) Proposed surfacing material;
(5) Proposed methodes) of drainage and
erosion control;
(6) Methods for restoration of the site;
(7) Demonstration that instream flow of
water will remain unobstructed;
(8) Demonstration that erosion and
sedimentation from outflow channels
will be minimized by vegetation or other
means; and
""....
Unified Development Code
Section 6 . Development Standards
6.8
(9) Demonstration that pond runoff will be
controlled to protect adjacent property
from damage.
Roads.
1. General. The following shall apply to all public
and private roads, including any road in a
development subject to Section 7 (Land Divisions)
of this Code:
a. Transportation facilities shall be designed and
constructed in conformance with the following
reference manuals and standards of the
Jefferson County Department of Public Works
which are hereby adopted by reference in this
Code, including:
(1) American Association of State Highway
and Transportation officials (MSHTO),
A Policy on Geometric Design of
Highways and Streets, Standard
Specifications for Highway Bridges, and
Roadside Design Guide;
(2) Washington State Department of
Transportation (WSDOT) Local Agency
Guidelines, Highway Design Manual,
Bridge Manual, Construction Manual,
Highway Runoff Manual, Hydraulics
Manual, Plans Preparation Manual,
Standard Specifications for Road,
Bridge, and Municipal Construction,
and Standard Plans for Road, Bridge,
and Municipal Construction;
(3) Washington Department of Ecology
Stormwater Management Manual;
(4) Federal Highway Administration Manual
on Uniform Traffic Control Devices;
(5) Institute of Transportation Engineers
(ITE) Trip Generation Manual; and
(6) Transportation Research Board (TRB)
Highway Capacity Manual, Special
Report #209.
b. Bridges shall be designed and constructed in
conformance with the standards of the
Department of Public Works identified by
reference in this Code. Bridge design and
construction shall be certified by a licensed
engineer.
c. Road signs and traffic signs shall be installed
in conformance with the standards of the
Department of Public Works identified by
reference in this ordinance.
d. Drainage, erosion control, and stormwater
management facilities shall comply with the
requirements of the Storm Drainage Standards
6-9
--_. _._.~_..
SECTION 6, DEVELOPMENT STANDARDS
-./
contained in Section 6.7 of this Code and the
Washington' Department of Ecology
Stormwater Management Manual, and any
other applicable Jefferson County standards.
e. The applicant shall submit plans for
construction of roads, bridges, stormwater
management facilities, and/or land disturbing
activities regulated by this Code to the
Department of Public Works for review and
approval prior to commencing construction.
f. Clearing, grading, and construction of roads,
bridges, utilities, and stormwater management
facilities shall be inspected by the Department
of Public Works. In order to enable the
Department to conduct inspections in a timely
manner, the applicant shall notify the
Department in a timely manner regarding the
project construction schedule.
The following road inspections are typically
required:
(1) Installation of temporary erosion and
sediment control measures;
(2) Clearing and road
preparation;
Placing roadway gravel base;
Placing roadway crushed surfacing top
course;
(5) Placing improved roadway surface (chip
seal or asphalt concrete);
(6) Construction of
management facilities; and
(7) Final plat review.
Additional inspections may be necessary
based on site-specific conditions or the nature
of the project.
g. The Department of Public Works may require
subdivision applicants to submit a traffic
analysis prepared by a licensed engineer in
order to determine the potential off-site impacts
to public and private transportation facilities
from proposed subdivisions.
h. Subdivision road systems shall provide access
to the public road system at two locations,
when feasible. One access ,location may be
allowed based on a finding by the Department
of Public Works that a single access location is
adequate to protect the public health, safety,
and welfare.
i. Access to subdivisions from arterial and
collector roads shall be restricted. Lots shall be
accessed from an internal access road system,
subgrade
(3)
(4)
stormwater
6-10
unless the lots are accessed from a local
access road.
j. Subdivisions shall make appropriate provision
to ensure safe walking conditions for
pedestrians and for students who walk to and
from school. Construction of road
improvements, sidewalks, trails, or bicycle
facilities may be required in order to meet this
standard.
k. Subdivisions shall make appropriate provision
for transit and school bus stops.
I. When a proposed subdivision is adjacent to a
County Road, a right-of-way 30 feet in width
from the roadway centerline shall be conveyed
to Jefferson County by either statutory
warranty deed or dedication in fee simple on
the plat, if such right-of-way has not been
previously conveyed.
m. Easements for private roads providing access
to and/or internal circulation within
subdivisions shall be 60 feet in width.
Easement width may be reduced on the
recommendation of the Department of Public
Works based on a finding that the public
health, safety, and welfare will be protected
and that the easement width is adequate for
the construction and maintenance of roads
and utilities. Where reduced access
easement widths are proposed, parallel
utilities easements may be required.
n. Access easements from the County Road
system to the subdivision shall be provided
consistent with the requirements of this Code.
Access from the public road system shall be
depicted on the final plat.
o. Subdivision road names shall be approved by
the Board of County Commissioners based on
a recommendation by the Department of Public
Works.
p. Subdivisions shall establish an agreement for
the continuing maintenance of private roads
either by recording a separate instrument and
referencing said instrument on the plat or by
declaring a maintenance agreement on the
plat. The applicant shall submit the
maintenance agreement to the Department of
Public Works for review and approval prior to
final plat approval.
q. All required construction of roads, bridges,
utilities, and stormwater management facilities
shall be inspected and approved by the
Department of Public Works prior to final plat
approval.
-./
-/
Unified Development Code
Section 6 . Development Standards
-
SECTION 6' DEVELOPMENT STANDARDS
(1 )
The Jefferson County Engineer is
responsible for the design and
construction of all county roads.
The standard right-of-way width is 60
feet for all public roads. .
Roadway monumentation shall be
approved by the Department of Public
Works.
Road access permits are required for
access to county roads. Applications
will be reviewed by the Administrator for
the requirements of the environmentally
sensitive areas overlay district (see
Section 3.6.4 of this Code) and of the
State Environmental Policy Act (Section
8.5) prior to being approved by the
County Engineer. Such permits shall be
limited as follows:
i. The number of access points
along roads shall be limited to
one per parcel, except:
A. for agricultural access;
B. when the parcel topography
makes a single access point
impractical for the entire
parcel;
C. when access is being
provided for commercial uses
with 20 or more parking
spaces; or
D. when additional access
points are required or
approved by the County
Engineer.
New access points to arterial
roads shall not be allowed if
reasonable access from any other
road is available. .
iii. Road access points shall have a
clear and uobstructed sight
distance in both directions
adequate to ensure public safety.
Appropriate site distances shall
be determined by the County
Engineer, based on speed limit,
roadway surface, and other
pertinent factors.
iv. Storm drainage and culvert sizing
shall be based upon engineering
analysis and the standards of
Sections 6.6.2 and 6.7. Maximum
length of surface drainage for
roadside ditches before
discharging onto adjacent
property or into natural
drainageway shall be 1,000 feet.
The permits shall be conditioned
to address impacts to
environmentally sensitive areas
or as indicated by SEPA analysis,
if applicable.
vi. The County Engineer shall have
the authority to approve or deny
all road access permits, which
ii.
-
r. Prior to final plat approval, the subdivision
applicant shall provide the Department of
Public Works all documentation and
calculations necessary to verify the accuracy
and completeness of the plat survey.
s. Subdivision applicants may post a surety
guaranteeing completion of subdivision
improvements within one year of final plat
approval. The surety shall be reviewed and
approved by the Department of Public Works.
The surety shall be for 200% of the cost of
constructing the improvements based on an
estimate prepared by a licensed engineer. In
the event that the applicant does not complete
construction of improvements within one year,
the Department of Public Works shall be
authorized to complete the construction and
pay for the work from the surety account.
Surety shall not be accepted for water supply
development other than distribution facilities.
1. A maintenance bond guaranteeing any
improvements required by this Code for two
years may be required by Jefferson County as
a condition of final plat approval. Maintenance
bonds shall be approved by the Department of
Public Works.
u. Applications requiring review by the
Department of Public Works to meet the
requirements of this Section shall be
assessed hourly review fees in accordance
with the Jefferson County Fee Schedule. By
making application, the applicant agrees to
reimburse the Department for its expenses
even if the proposal is denied by subsequent
action of the County or the proposal is
otherwise not completed.
v. Modifications to design and construction
standards for a specific road project may be
approved by the County Engineer.
Public Roads.
a. General:
2.
(2)
v.
(3)
(4)
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Unified Development Code
Section 6 . Development Standards
6-11
SECTION 6 . DEVELOPMENT STANDARDS
6-12
b.
decision is final and not subject to
administrative appeal.
Road and Right-of-Way Dedication.
(1) Where any public road right-of-way
abutting a property proposed for a
development is subject to a conditional
use permit or to Section 7 (Land
Division) of this Code and has
insufficient width to conform to the
County's adopted road standards for
the class of road involved, the County
Engineer may:
i. Require the dedication of
sufficient additional right-of-way
to bring the abutting half of the
right-of-way (measured from the
existing county road centerline)
into conformance with the
adopted standards; and
Obtain additional easements to
cut and fill on the subject property
adjacent to the County road, and
to provide for drainage of surface
and storm water runoff by
directing the runoff along or into
natural drainageways on lots
adjacent to the county road. Such
drainage should be designed and
mitigated to avoid or minimize
impacts to the environment and to
the affected properties.
(2) The County may accept the dedication
of new county roads and rights-of-way
subject to the following standards:
i. only if all of the following criteria
are met:
A. The road right-of-way is at
least 60 feet in width and is
dedicated to Jefferson
County in fee simple;
B. The road meets all other
County standards; and
C. An evaluation by the County
Engineer deems the road to
be of general public benefit.
When roads are proposed to be
dedicated to Jefferson County,
the County Engineer shall make a
report to the Board of County
Commissioners regarding the
practicality and necessity of
accepting the dedication, the
effect of the dedication on traffic
ii.
ii.
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circulation, and any other matters
deemed to be material by the
County Engineer.
iii. All road rights-of-way dedications
shall be processed in accordance
with final plat procedures
contained in Section 7 (Land
Divisions).
Road Vacations. All applications to the
Board of County Commissioners seeking
vacation of a County Road Right-of-Way or
any portion of one shall be subject to the
requirements of Ordinance No. 07-0809-99,
the Jefferson County Road Vacation
Ordinance.
6.9 Pedestrian Circulation.
1. All development shall provide for separate
easements and paths when the easement will
provide links to a public trail referenced in any
adopted county plan for public trails.
2. Public pedestrian paths shall meet the following
minimum design standards:
a. Paths shall be visually distinguished from
roads, driveways, and parking spaces.
b. Paths shall have a standard unobstructed
width of 4 feet.
c.
.....",
6.10 Parking.
1. General Parking Standards. The following
standards shall apply to all development under
this Code.
a. Off-street parking shall be established prior to
occupancy of any new or expanded building
or before a change occurs in the use of an
existing building. Parking space requirements
shall be determined from Table 6-2, and as
follows:
(1) Off-street parking ratios expressed as
the number of spaces per square feet
means the usable or net square footage
of floor area, exclusive of non-public
areas, such as building maintenance
areas, storage areas, closets, or
restrooms. If the formula for
determining the number of off-street
parking spaces results in a fraction, the
number of spaces shall be rounded to
the nearest higher whole number;
(2) Where other provisions of this UDC
stipulate maximum parking allowed, or
increase or reduce minimum parking
requirements, those provisions shall
apply;
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Unified Development Code
Section 6 . Development Standards
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SECTION 6' DEVELOPMENT STANDARDS
-
,....
b.
(3) An applicant may request a modification
of the minimum number of parking
spaces by providing a study prepared
by a qualified professional that
substantiates that parking demand can
be met with a reduced parking
requirement. In such cases, the
Administrator may approve a reduction
of the minimum number of spaces
required;
(4) The current edition of the Uniform
Building Code shall be used to
determine the number of occupants of a
use; and
(5) The Administrator may refer to the
current edition of the ITE Trip
Generation Manual to determine the
number of trips used to determine
parking demand and may increase or
reduce the required number of parking
spaces based on actual usage or
projected demand.
(6) For unnamed uses, the Administrator
may require a study prepared by a
licensed civil_engineer that
substantiates an acceptable parking
requirement.
Parking for physically handicapped needs
shall be provided consistent with state
standards at a rate of not less than two
percent (2%) of the total number of parking
spaces, or a minimum of one parking space,
whichever is greater. Single-family
residences, including duplexes, are exempt
from this requirement. Parking spaces for
physically handicapped needs shall comply
with the Washington State Regulations for
barrier-free facilities (WAC 51-10). Such
spaces shall be not less than twelve feet-6
inches (12'-6") wide.
A parking layout plan shall be submitted to
the Administrator for approval consistent with
requirements of Table 6-2 for all multifamily
residential, commercial, industrial, institutional
and small-scale recreation and tourist uses, at
the time of application for any permit or land
use activity required by this Code. The layout
plan shall conform to the General Parking
Standards contained in this Section (6.10.1).
The Administrator may refer any parking plan
to the County Engineer for technical review.
Required off-street parking located within the
jurisdiction of the Shoreline Master Program
c.
d.
Unified Development Code
Section 6 . Development Standards
shall also be consistent with applicable
provisions of this Section.
e. Off-street parking areas containing five or
more spaces shall be landscaped according
to Section 6.13.6.
f. The minimum parking space and aisle
dimensions for the most common parking
angles are shown in Table 6-3. For parking
angles other than those shown on the chart,
the minimum parking space and aisle
dimensions shall be approved by the County
Engineer.
g. Owners of two or more adjoining uses,
structures or lots may utilize jointly the same
parking or loading area when the hours of
operation do not overlap. In the event that
owners of one or more adjoining uses,
structures or lots desire to utilize jointly the
same parking concurrently, the total
requirement for parking spaces shall be the
sum of the requirements for each individual
use, unless the applicants can demonstrate to
the Administrator that a lower number of
parking spaces are justified through
implementation of transportation demand
management strategies, off-peak use,
availability and use of public transit or
alternative modes of travel or other
measures.
h. If lighting is provided, it shall be designed to
minimize direct illumination of abutting
properties and adjacent streets.
6-13
SECTION 6, DEVELOPMENT STANDARDS
-.../
land Use
Table 6-2: Minimum Number of Parking Spaces Required for Different land Uses.
Minimum Number of Parking Spaces Required(1)
COMMERCIAL USES
1 per 750 square feet plus 1 per employee
2 spaces per bay or stall plus 1 space per employee.
1 per guest room, plus two per facility
1 space per 10 people enrolled plus 1 for each staff
member or volunteer on-site, but not fewer than 3 spaces.
1 per 100 square feet or 1 per 3 seats, whichever is greater.
Seasonal outside seating does not require additional
parking.
1 per guest room plus 1 per employee
1 per 4 seats or per 100 square feet of assembly area,
whichever is greater
5 plus 1 per 6 beds
1 space per 300 square feet plus one per employee, but not
fewer than 3 spaces
1 per 300 square feet
[Determined by the Administrator]
Animal shelters and kennels
Automotive service and repair
Bed and breakfast inn or residence
Day care, group care, and residential care facilities
Drinking and/or Eating establishments
Hotel/motel
Indoor entertainment facilities
Nursing homes/assisted living facilities
Personal and professional services and offices
Retail sales and services
Un-named commercial uses
-./
INDUSTRIAL USES
For all industrial uses (except as listed below): 1 per employee plus 1 per 300 square feet of
any associated retail sales area.
1 per 750 square feet plus 1 per employee
1 per 750 square feet plus 1 per employee
1 per 750 square feet plus 1 per employee
.
Heavy equipment rental services
Recycling center
Solid waste handling facilities
.
.
INSTITUTIONAL USES
College or technical school/adult education facility 1 per classroom, plus 1 per two students
Community club or community organization facility 1 space per 300 square feet but not fewer than 5 spaces
Emergency services [Determined by the Administrator]
Government offices 1 space per 300 square feet but not fewer than 5 spaces
Library 1 per 300 square feet
Museum 1 per 800 square feet
Post office 1 space per 300 square feet but not fewer than 5 spaces
Religious assembly facility 1 per 5 fixed seats, plus 1 per 50 square feet of gross floor
area without fixed seats used for assembly purposes
1 per 10 students enrolled plus 1 per employee
[Determined by the Administrator]
School, primary and secondary
Unnamed institutional uses
SMALL-SCALE RECREATIONAL AND TOURIST USES
For all small-scale recreational and tourist uses [Determined by the Administrator]
Unnamed small-scale recreational and tourist uses [Determined by the Administrator]
Cottage industry
RESIDENTIAL USES
I 1 per 2 employees
-./
6-14
Unified Development Code
Section 6 . Development Standards
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SECTION 6. DEVELOPMENT STANDARDS
Table 6-2: Minimum Number of Parking Spaces Required for Different land Uses.
land Use
Minimum Number of Parking Spaces Required(1)
1.5 per tenant
2 per dwelling unit for each home business
2 per dwelling unit
1.5 per dwelling unit
2 per dwelling unit
2 per dwelling unit
[Determined by the Administrator]
Group homes
Home business
Mobile home parks
Multifamily residential (3+ units)
Single-family residential unit
Two-family residential (duplex)
Unnamed residential uses
All transportation-related uses
TRANSPORTATION USES
I [Determined by the Administrator]
All utilities and related uses
UTILITIES USES
I [Determined by the Administrator]
AGRICULTURAL USES
None
1 per employee and 1 per 300 square feet of any
associated retail sales area
[Determined by the Administrator]
1 per employee
1 per employee
[Determined by the Administrator]
Agricultural uses and activities
Agricultural processing
-
Seasonal agricultural produce stands
Forest products, processing activities
Nurseries
Un-named agricultural uses
Note:
1. At least one parking space must be provided, unless indicated by "None."
Table 6-3. Minimum Dimensions for Parking Stalls and Aisles.
Parking Stall Curb Stall Aisle Width Unit Depth
Angle Width Length Depth 1-Way 2-Way 1-Way 2-Way
0 9.0 22.5 9.0 12.0 20.0 30.0 38.0
45 9.0 12.5 17.5 14.0 20.0 49.0 55.0
60 9.0 10.5 18.0 18.0 20.0 54.0 56.0
90 9.0 9.0 18.0 23.0 26.0 59.0 62.0
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Unified Development Code
Section 6 . Development Standards
6-15
___-_H -------
SECTION 6. DEVELOPMENT STANDARDS
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2. Parking Access Standards. All parking facilities
shall be developed consistent with the following
access standards:
a. Joint accesses for commercial, industrial
and multi-family residential uses should be
utilized whenever feasible.
b. All ingress and egress to a parking lot
containing four (4) or more parking spaces
shall be developed so vehicles entering and
leaving the parking lot are headed in a
forward motion.
c. Access points shall be located in a manner
consistent with the standards of the
Jefferson County Department of Public
Works or WSDOT, where applicable.
d. Limited access provisions shall be required
when deemed necessary by the Jefferson
County Department of Public Works or
WSDOT, where applicable.
3. General Off-Street Parking Construction
Standards.
a. All required off-street parking shall be
provided with an all-weather surface as
required by the Jefferson County
Department of Public Works.
b. Grading work for parking areas shall meet
the requirements of the Uniform Building
Code. Drainage and erosion or
sedimentation control facilities shall be
provided in accordance with Sections 6.6.2
and 6.7 of the UDC.
c. Wheel stops, striping, or similar measures
are required where a parked vehicle would
encroach on adjacent property, pedestrian
access or circulation areas, rights-of-way, or
landscaped areas.
d. Any lighting installed in parking areas shall
be consistent with the requirements of
Section 6.14.
Space
6.11 Off-Street Loading
Requirements.
Every non-residential building used for retail,
wholesale, manufacturing, or storage activities,
excluding self-service storage facilities, shall provide
off-street loading spaces in accordance with the
standards listed below:
1. One loading space shall be required for each
building containing 7,500 or more square feet of
gross floor area.
2. Each loading space must be a minimum of 10
feet wide, 25 feet long, have an unobstructed
vertical clearance of 14 feet-six inches, and be
6-16
surfaced, improved, and maintained as required
by this section. Loading spaces must be located
so that trucks do not obstruct pedestrian or
vehicle traffic movement or project into any
public right-of-way. All loading space areas shall
be separated from required parking areas and
shall be designated as truck loading spaces.
3. Any loading space located within 100 feet of
areas designated for residential use shall be
screened and operated as necessary to reduce
noise and visual impacts. Noise mitigation
measures may include architectural or structural
barriers, beams, walls, or restrictions on the
hours of operation.
4. Loading areas and dumpsters shall be screened
from adjacent residential uses by walls, trellises,
arcades, or landscaping.
6.12 Utility Service
Facilities.
1. General Regulations.
a. Environmental impacts resulting from
installation or maintenance of utilities should
be minimized. Areas disturbed during
construction shall be replanted with native
vegetation and maintained until firmly
established. Clearing shall be confined to
that necessary to allow installation and to
prevent interference by vegetation once the
system is in operation.
b. Utilities and transportation facilities should
be installed in the same rights-of-way when
the effect will be to reduce the adverse
impacts on the physical environment.
c. Solid waste transfer and disposal facilities
shall be located and designed in accordance
with WAC 173-301, Department of Ecology
Minimum Functional Standards for Solid
Waste Handling, and applicable local health,
safety, and fire protection codes.
6.13 Landscaping/Screening.
1. Application. Landscaping or screening shall be
provided for all multifamily residential,
commercial and industrial land uses, small-scale
recreational and tourist uses, and as required in
other sections of this Code, except that
landscaping will not be required of industrial uses
within the Resource-Based Industrial district
when the development is sufficiently screened
from public view.
2. General Provisions.
a. Existing trees, vegetative plantings,
undisturbed open space, and/or topographic
Lines
and
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Unified Development Code
Section 6 . Development Standards
,....
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,....
SECTION 6 . DEVELOPMENT STANDARDS
or natural features which meet or exceed
these standards shall be considered to fulfill
the landscaping or screening requirements
of this Section 6.13 and any other applicable
reference to these screening requirements in
other sections of this Code.
b. The Administrator may authorize variations
to the landscaping/screening requirements
of this section to:
(1) Provide consideration of topography,
natural features, existing native
vegetation and soils on the site and
site location in relation to adjacent and
surrounding uses.
(2) Allow alternative plant mixes or
berming that accomplish the purposes
of the type of landscape screening
required.
(3) Conserve water through the concept
of xeriscaping.
(4) Provide flexibility in the size of initial
plantings; and
(5) Ensure that any non-residential use,
structure or activity when proposed in
a Rural Residential (RR) district shall
be compatible with that of existing and
anticipated future uses in the district.
3. Landscape Screening. The three types of
landscaping screens are described and applied
as follows.
a. "Screen-A" landscaping:
(1) Is a "full screen" that functions as a
visual barrier. This landscaping is
typically found between residential and
non-residential areas.
(2) Shall at a minimum consist of:
i. a mix of primarily evergreen
trees and shrubs generally
interspersed to form a
continuous year-round screen
that grows to at least eight (8)
feet in height within two (2)
growing seasons.
b. "Screen-B" landscaping:
(1) Is a "filtered screen" that functions as
a visual separator. This landscaping is
typically found between commercial
and industrial uses; between differing
types of residential development; and
to screen industrial uses from the
road.
(2) Shall at a minimum consist of:
Unified Development Code
Section 6 . Development Standards
4.
a mix of evergreen and
deciduous trees and shrubs
generally interspersed to create
a filtered screen that grows to at
least eight (8) feet in height
within two (2) growing seasons.
c. "Screen-C" landscaping:
(1) Is a "see-through screen" that
functions as a partial visual separator
to soften the appearance of parking
areas and building elevations. This
landscaping is typically found along
road frontage or between multiple-
family developments.
(2) Shall at a minimum consist of:
i. a mix of evergreen and
deciduous trees or shrubs
generally interspersed to create
a continuous canopy.
Landscaping Road Frontages. The average
width or depth of perimeter landscaping along
road frontages and required locations on private
property shall be provided as follows:
a. Ten (10) feet of Screen-B landscaping shall
be provided for an industrial development.
b. Ten (10) feet of Screen-B landscaping shall
be provided for all above-ground utility
facilities or development, excluding
distribution and transmission corridors,
located outside a public right-of way.
c. Ten (10) feet of Screen-C landscaping shall
be provided for all commercial or multiple-
family residential development.
Landscaping of Interior Lot Lines. The
average width or depth of perimeter landscaping
along interior lot lines shall be provided as
follows:
a. Fifteen (15) feet of Screen-A landscaping
shall be included in all commercial,
industrial, or small-scale recreational and
tourist development along any portion
adjacent to a residential use or district,
except as may be varied by the
Administrator under 6.13.2(b), above.
b. Ten (10) feet of Screen-B landscaping shall
be included in all multiple family
development along any portion adjacent to a
single-family residential use and in an
industrial development along any portion
adjacent to a non-industrial development,
except as provided in a., above.
i.
5.
6-17
SECTION 6. DEVELOPMENT STANDARDS
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6.
Landscaping for Parking Lots. Landscaping
shall be provided for commercial, industrial,
small-scale recreational and tourist uses, and
multifamily residential use surface parking lots,
with five (5) or more parking stalls, as follows:
a. Screening shall be provided on each side,
front, and/or rear of a parking lot where such
side, front, and/or rear abuts any residential
use or district, except that no screening is
required where the elevation of the parking
area lot line is four (4) feet higher than the
finished elevation of the parking area
surface.
b. Parking lot screening and landscaping shall
be kept in good condition and shall meet the
following conditions:
(1) It shall be continuous where required
along a side, front or rear of a parking
area and shall not be less than four (4)
feet in height above the grade of the
parking lot surface, broken only for
accessways and aisles, provided that
the screening shall not be permitted
for a distance of twenty (2D) feet on
each side of a parking area
accessway to ensure proper sight
distance. Where screening is
prohibited by the above provisions,
low lying shrubs or other similar
plantings shall be placed: such
plantings shall not be allowed to
exceed three (3) feet in height.
(2) Screening shall not be installed in
such a manner as to obstruct the free
use of any fire hydrant.
(3) The space between the landscaping
screen and the right-of-way, except for
any pedestrian access improvements,
shall be landscaped with grass,
shrubs, trees, or evergreen
ground cover. On the sides and rear of
parking areas not facing a street such
landscaping shall be required between
screening and the lot line.
Landscape Plan. When screening is required, a
landscaping plan shall be submitted with the
project application to indicate how the minimum
screening requirements are met. The plan must
meet the following requirements:
a. The landscape plan shall be drawn on the
same base map as the development plans
or on a separate sheet properly labeled. and
shall identify the following:
7.
6-18
Total landscape area;
Landscape materials, plant names,
and applicable size;
Property lines;
Impervious surfaces;
Existing or proposed structures,
fences, and retaining walls; and
(6) Natural features or vegetation left in
natural state.
b. The required landscaping shall be installed
prior to project occupancy. However, a
certificate of occupancy may be issued prior
to installation of the required landscaping if a
bond or other form of appropriate surety is
posted in a manner acceptable to the
Administrator. The time limit for compliance
may be extended to allow installation of such
required landscaping during the next
planting season.
8. Maintenance.
a. All landscaping and necessary support
systems shall be maintained for the life of
the project.
b. All landscape materials shall be pruned and
trimmed as necessary to maintain a healthy
growing condition.
c. Landscape areas shall be kept free of trash.
6.14 Lighting.
1. Exterior Lighting. Exterior lighting shall not
exceed thirty (3D) feet in height from the finished
grade for commercial and industrial uses, and
twenty (2D) feet for residential uses (except when
such lighting is an integral part of the building).
Exterior lighting shall be energy-efficient and
shielded or recessed so that direct glare and
reflections are contained within the boundaries of
the parcel. Exterior lighting shall be directed
downward and away from adjoining properties
and public rights-of way. No lighting shall blink,
flash, or be of unusually high intensity or
brightness. All lighting fixtures shall be
appropriate in scale, intensity, and height to the
use they are serving. Any lighting installed in
parking areas shall be of direct cutoff design so
that the source is not visible from adjacent
property.
2. Street Lighting. Street lighting is not provided by
the County on County roads. If installed by
others, the design and location shall be approved
by the County Engineer, and a method to cover
the cost of operation and maintenance must be
approved by the County Engineer.
(1 )
(2)
(3)
(4)
(5)
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Unified Development Code
Section 6 . Development Standards
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SECTION 6' DEVELOPMENT STANDARDS
-
6.15 Signs.
No sign shall hereafter be erected or used for any
purpose or in any manner except as permitted by the
regulations of this section or as specified elsewhere
in this Code. All signs subject to this section shall be
subject to approval and issuance of a sign permit by
the Administrator according to a Type 1 permit
approval process as specified in Section 8. The
Administrator may waive certain requirements of this
section or require additional conditions for any sign
permit, if deemed necessary to maintain consistency
with the Comprehensive Plan.
1. Prohibited Signs. The following signs are
prohibited:
a. Abandoned signs;
b. Billboards;
c. Flashing, revolving or moving signs,
excepting clocks;
d. Off-site signs which advertise a business;
e. Signs or sign structures, which by coloring,
shape, working, or location resemble or
conflict with traffic-control signs or devices.
f. Signs which create a safety hazard for
pedestrians or vehicular traffic; and
g. Signs attached to utility poles or traffic signs.
2. Exemptions. The following signs are exempt
from the provisions of this Section:
a. Traffic and standardized public signs
installed by a government entity;
b. Window and merchandise displays, point of
purchase advertising displays such as
product dispensers and barber poles;
c. National flags, flags of a political subdivision,
and symbolic flags of an institution or
business;
d. Legal notices required by law;
e. Historic site plaques and markers and
gravestones;
f. Personal signs displaying personal
messages such as "yard sale" or "no
trespassing" not to exceed eight (8) square
feet;
g. Political campaign signs posted within 60
days of a primary or general election
provided they are removed by the candidate
or landowner within 72 hours following the
election terminating candidacy;
h. Structures intended for separate use, such
as recycling containers and phone booths;
i. Real estate signs; and
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Unified Development Code
Section 6 . Development Standards
3.
j. Lettering painted on or magnetically flush-
mounted onto a motor v.ehicle operating in
the normal course of business.
Design Standards. All signs must meet the
following standards:
a. The following standards apply to the
illumination and illustration of signs:
(1) The illumination of signs shall be
shaded, shielded, or directed so the
light intensity or brightness shall not
adversely affect surrounding
properties or public and private rights-
of-way or create a hazard or nuisance
to the traveling public, or to
surrounding properties.
(2) No sign or part thereof shall consist of
rotating, revolving, or moving parts;
consist of banners, streamers, or
spinners; or involve flashing, blinking,
or alternating lights. An exception to
this standard is temporary signs
associated with local festivals, fairs,
parades, or special events pursuant to
Section 6.15.4(a).
b. Sign size shall be regulated as follows:
(1) The total square footage of signs shall
not exceed sixty-four square feet (64
sq.ft.) for any business within any
commercial or industrial land use
district. Multi-tenant developments
may have one (1) free-standing sign
for each access point, commonly
identifying the businesses within multi-
tenant developments provided such
signs total no more than sixty-four
square feet (64 sq.ft.) in aggregate.
The maximum aggregate size for
projection signs placed on a building is
limited to one percent (1%) of the floor
areas of the building, except that each
occupant is allowed a sign of at least
two (2) square feet. In no case may an
individual occupants' sign be larger
than fifteen (15) square feet.
(2) The square footage of signs shall be
calculated by the outside dimensions
necessary to frame the information
displayed. No sign mounted on a
building shall extend above or beyond
the eave, rake, or parapet of the wall
on which it is mounted. Any sign
projecting beyond six (6) inches from a
perpendicular wall shall be at least six
(6) feet eight (8) inches above grade.
6-19
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SECTION 6. DEVELOPMENT STANDARDS
-..../
(3) Directional, identification or advertising
signs for any use located in any rural
residential district shall not exceed
thirty-two (32) square feet, with the
exception of institutional use signs,
which shall not exceed sb<ty-four (64)
square feet.
c. Uses located in any rural commercial or
industrial land use districts shall have no
more than two (2) on-premise signs, except
as allowed in this section for multi-tenant
developments.
d. Signs attached to or painted against the
structure to which it relates shall be
computed as a part of the overall total
square footage, or number of signs allowed.
e. All signs shall be continuously maintained.
Signs that present a public hazard as
determined by the Jefferson County Building
Official or Department of Public Works shall
be subject to abatement.
f. The design of free-standing signs shall
include measures to restrict vehicles from
passing beneath them, unless otherwise
permitted by the Jefferson County
Department of Public Works. All free
standing pole signs or projecting signs shall
provide pedestrian clearance to a minimum
of eight feet (8'), where applicable.
g. Signs should be incorporated into the
landscaping of the site when landscaping is
provided.
h. No signs, other than those related to water
dependent uses, such as a marina, are
permitted to face seaward, excepting signs
relating to safety concerns, such as cable-
crossing, construction-dredging, fuel area,
etc.
i. No sign shall be placed in the public right-of- .
way or in the vision clearance triangle of
intersections and curb cuts, unless
otherwise approved by the Jefferson County
Department of Public Works.
4. Specialty Signs. Specialty signs may be
established when consistent with the standards
set forth below:
a. Signs and banners promoting public
festivals, community or special events, and
grand openings may be displayed up to
thirty (30) days prior to the event, and shall
be removed no later than seven (7) days
after the event. The sponsoring entity is
6-20
5.
responsible for sign removal. Event signs
may be located "offsite."
b. Signs which identify a recognized
community or unincorporated place are
permitted at each entrance to the
community. Said signs are limited to one (1)
per entrance, and may not exceed sixty-four
square feet (64 sq.ft.) or eight feet (8') in
height. Signs relating to clubs, societiesl
orders, fraternities and the like shall be
permitted as part of the community sign.
c. Businesses may erect temporary on-site
sandwich board signs subject to the
following criteria:
(1) No more than two (2) sandwich board
signs may be erected per business;
(2) Sandwich board signs shall not
exceed four feet (4') in height or three
feet (3') in width;
(3) Sandwich board signs shall be
displayed during business hours only;
(4) Sandwich board signs shall not be
placed on sidewalks; and,
(5) Sandwich board signs shall not be
placed in public road rights-of-way
unless approved by the Jefferson
County Department of Public Works.
d. Off-site signs may only be allowed when
they meet all of the following standards:
(1) Are directional in nature;
(2) Located on private property along a
major or minor arterial;
(3) Located no more than six hundred
(600) feet from an intersection;
(4) No larger than twelve (12) square feet;
and
Non-Conforming Signs. Legally established
signs in place prior to the adoption of these
standards and not in conformance with these
standards shall be considered legal, non-
conforming signs, and may remain as provided
below:
a. Non-conforming off-premise signs shall be
removed within five (5) years of adoption of
this Code. Until then, such signs must be
continually maintained, not relocated, and
not structurally altered. Non-conforming off
premise signs may be replaced by off-site
directional signs as allowed in this section.
b. Non-conforming on-premise signs may
remain provided they are continually
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SECTION 6. DEVELOPMENT STANDARDS
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maintained, not relocated, and not
structurally altered.
c. Billboards which are in place prior to the
adoption of this Code may remain provided
they are continually maintained, not
relocated, and not structurally altered.
6.16 Archaeological and Historic
Resources.
1. When an application for a permit is received for
an area known to contain archaeological artifacts
and data as identified by appropriate state,
federal or tribal agencies, the County shall not
take action on the application and shall inform
the applicant thereof, and the applicant shall not
initiate any excavation or development activity
until the site has been inspected and a written
evaluation is provided by a qualified
archaeologist. Significant archaeological data or
artifacts must be recovered before work begins
or resumes on a project. No application will be
delayed more than ten working days for such an
inspection. If the application is approved by the
County, conditions shall be attached reflecting
the recommendations of the archaeologist
regarding preservation or protection of the site.
2. All permits shall contain a special provision
advising the permit holder that if during
excavation or development of the site an area of
potential archaeological significance is
uncovered, all activity in the immediate vicinity of
the find must be halted immediately and the
Administrator must be notified at once. Activities
authorized by the permit will not be delayed more
than five working days for a finding of
significance by the Administrator, following the
Administrator's receipt of notification, unless the
permit holder agrees to an extension of that time
period.
3. All development proposed for location adjacent
to sites which are listed, or are determined by the
appropriate State or Federal authority to. be
eligible for listing in the state or national registers
of historic places, must be located so as to
complement the historic site. Development which
degrades or destroys the historical character of
such sites is not permitted.
4. Archaeological sites are subject to RCW 27.44
(Indian Graves and Records) and RCW 27.53
(Archaeological Sites and Records) and must
comply with WAC 25--48 (Archaeological
Excavation and Removal Permit). Archaeological
excavations are allowed subject to applicable
state laws.
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Section 6 . DevekJpment Standards
5. Identified historical or archaeological resources
must be considered in site planning for public
parks, public open space, and public access and
site planning, with access to such areas
designed and managed so as to give maximum
protection to the resource.
6.17 Mining, Quarrying and Asphaltl
Concrete Batch Plant Best
Management Practices in Critical
Aquifer Recharge Areas.
The following shall be considered minimum
development standards necessary ONLY for mineral
extraction, quarrying and asphalt/concrete batch
operations located in Critical Aquifer Recharge Areas
as defined in Section 3.6.5 of the UDC. See also the
Performance and Use-specific Standards
requirements of Section 4.7 (Asphalt and Concrete
Batch Plants) and Section 4.24 (Mineral Extraction,
Mining, Quarrying and Reclamation) for general
mining, quarrying and asphalt/concrete batch plant
operations.
1. Best Management Practices.
a. Concrete and Asphalt Production at
Stationary Sites. This activity applies to any
activity that mixes raw materials on-site to
produce or enhance concrete or asphalt. It
also applies to subsequent activities such as
pouring concrete structures, and making
other concrete and asphalt products.
Mishandling of raw materials on concrete
production can introduce suspended solids
and heavy metals to stormwater runoff and
cause pH increases in receiving waters. In
addition, storm water pollution can result
from washing of waste concrete from trucks,
forms, wheelbarrows, buckets, and other
equipment in the work area. The loose
chunks of aggregate resulting from washing
of equipment can easily reach storm drains,
either in the wash water itself or in storm
water runoff. Asphalt emulsion and chunks
of aggregate resulting from washing of
equipment used in mixing and production in
much the same way as concrete. Mobile
concrete pouring and asphalt application are
covered under a separate activity in these
administrative rules. Concrete production at
mining sites is also covered by this activity.
(1) Minimum Requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required if you are engaged in
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SECTION 6 . DEVELOPMENT STANDARDS
concrete and asphalt mixing and
production:
i. Discharge all process water from
production, pouring, and
equipment cleaning activities to
a sump, process water treatment
or recycling system, or sanitary
sewer system.
Contain the production and
pouring area to prevent
stormwater from entering the
area and carrying pollutants
away.
iii. Routine maintenance.
A. Sweep the production and
pouring areas weekly, if it is
paved, to collect loose
chunks of aggregate and
raw material particles for
recycling or proper disposal.
B. Do not hose down area to
a storm drain.
(2) Additional BMPs. The following
BMPs are NOT REQUIRED, but they
can provide improved pollution control:
i. Use an oil control device in the
catch basins to treat stormwater
runoff.
Cover the production area with
provisions for prevention of
stormwater run on.
iii. Pave the mixing, production
and/or pouring area(s) with a
slope to a central collection
area. For concrete production
and pouring activities, a sump
drain should not be provided
. because it would be quickly
clogged with hardened concrete.
It may not be wise to segregate
the mixing and pouring area
from the curing area because
waste water from curing
applications could be collected
by a drain. By sloping the
pavement to a central location,
loose chunks of concrete or
asphalt aggregate can be
collected more easily and
recycled or disposed of properly.
b. Storage of liquid Materials in Stationary
Tanks. This section applies to any activity
that stores any type of liquid chemicals,
ii.
waste oils, solvents, or petroleum products
in above ground storage tanks. Leaking
tanks on these sites can contribute toxic
compounds, oils and greases, heavy metals,
abnormal pH, and nutrients to stormwater
runoff. In addition, spills may occur during
liquid transfer operations to and from the
tanks.
This activity does not apply to underground
storage tanks or to businesses permitted by
the Washington State Department of
Ecology to treat, store, or dispose of
dangerous wastes. Storage of reactive,
combustible, or flammable liquids must
comply with the fire code requirements and
may need to comply with the Washington
State Department of Ecology regulations.
(1) Minimum Requirements. The
following BMPs, or equivalent
measures, methods or practices are
required if you are engaged in storage
of liquid materials in stationary tanks:
i. Store and contain liquid
materials in such a manner that
if the tank is ruptured, the
contents will not discharge, flow
or be washed into the storm
drainage system, surface
waters, or groundwater.
OR
If the liquid is oil, gas or other
material that separates from and
floats on water, install a spill
control device (such as a tee
section) in the catch basins that
collect runoff from the storage
tank area.
iii. Routine maintenance.
A. Place drip pans or
absorbent materials
beneath all mounted taps,
and at all potential drip and
spill locations during filling
and unloading of tanks. Any
collected liquids or soiled
absorbent materials must
be reused/recycled or
properly disposed.
B. Store and maintain
appropriate spill cleanup
materials in a location
known to all near the tank
storage area; and ensure
ii.
ii.
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c.
that employees are familiar
with the site's spill control
plan and/or proper spill
cleanup procedures.
C. Sweep and clean the
storage area monthly if it is
paved; do not hose down
the area to a storm drain.
D. Check tanks (and any
containment sumps) daily
for leaks and spills. Replace
tanks that are leaking,
corroded, or otherwise
deteriorating with tanks in
good condition. Collect all
spilled liquids and properly
dispose of them.
Storage of Any liquid Material in Portable
Containers. This section applies to any
activity that stores any type of liquid
chemicals, waste oils, solvents or petroleum
products in portable containers (such as
drums). This activity covers permanent
storage as well as temporary storage areas
at temporary sites. Spills and drips of these
liquids, or overtopping of storage containers,
can contribute toxic compounds, oils and
greases, heavy metals, abnormal pH, and
nutrients to stormwater runoff.
This section does not apply to businesses
that are permitted by the Washington State
Department of Ecology to treat, store, or
dispose of dangerous waste. Storage of
reactive, combustible, or flammable liquids
must comply with the Washington State
Department of Ecology regulations.
(1) Minimum requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required if you are engaged in storage
of liquid materials in portable
containers:
i. Place tight fitting lids on all
containers.
method, with provisions for spill
control.
OR
iv. Contain the material in such a
manner that if the container
leaks or spills, the contents will
not discharge, flow, or be
washed into the storm drainage
system, surface waters, or
groundwater.
Place drip pans or absorbent
materials beneath all mounted
container taps, and all potential
drip and spill locations during
filling and unloading of
containers. Any collected liquids
or soiled absorbent materials
must be reused/recycled or
properly disposed.
vi. Routine maintenance.
A. Store and maintain
appropriate spill cleanup
materials in a location that
is known to all employees
near the tank storage areas,
and ensure that employees
are familiar with the site's
spill control plan and/or
proper spill cleanup
procedures.
B. Sweep and clean storage
area monthly if it is paved;
do not hose down the
area to a storm drain.
C. Check containers (and any
containment sumps) daily
for leaks and spills. Replace
containers that are leaking,
corroded, or otherwise
deteriorating with ones in
good condition. If the liquid
chemicals are corrosive,
containers made of
compatible materials must
be used instead of metal
drums. New or secondary
containers must be labeled
with the product name and
hazards.
D. Collect all spilled liquids and
properly dispose of them.
d. Storage of Soil, Sand, Salt and Other
Erodible Materials. This section applies to
v.
ii.
Enclose or cover the containers
where they are stored. The local
fire district must be consulted for
limitations on clearance of roof
covers over containers used to
store flammable materials.
Raise the containers off the
ground by use of pallet or similar
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Unified Development Code
Section 6 . Development Standards
6-23
SECTION 6, DEVELOPMENT STANDARDS
6-24
e.
stockpiling erodible raw materials such as
soil, sawdust, gravel, sand and road deicing
salts. It covers permanent sites as well as
temporary construction sites and other
temporary locations. Raw material stockpiles
can easily erode due to wind or precipitation
and contribute suspended solids, nutrients,
heavy metals, and abnormal pH to
stormwater runoff.
(1) Minimum requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required if you are engaged in the
storage or stockpiling of erodible
material on a normal or temporary
basis:
i. Site and contain the stockpiles
of raw material in such a manner
so as to prevent off-site impacts
of surface water runoff, erosion,
and sedimentation.
Routine maintenance.
A. Sweep paved storage areas
monthly for collection and
disposal of loose solid
materials; do not hose down
the area to a storm drain or
conveyance ditch.
B. Stock cleanup materials,
such as brooms, dust pans,
and vacuum sweepers (if
desired) near the storage
unit.
(2) Additional BMPs. The following
BMPs are NOT REQUIRED, but they
can provide improved pollution control:
i. A catch basin insert, configured
for sediment removal, may
remove some of the pollutants in
runoff from this activity. (Catch
basin inserts required frequent
maintenance to be effective.
Carefully consider this when
making your decision.)
Engine Repair and Maintenance. This
activity applies to operations that conduct
engine repair and maintenance in vehicles
and other equipment. It also applies to
mobile vehicle maintenance operations,
such as at construction sites. This common
activity can lead to immediate stormwater
contamination if it is not done in a controlled
manner. This activity can contaminate
stormwater with toxic hydrocarbons, other
toxic organic compounds, oils and greases,
abnormal pH, and heavy metals. Related
vehicle maintenance activities are covered
under the following activity headings in
these administrative rules: "Painting,
Finishing, and Coating of Vehicles, Products
and Equipment," "Vehicfe Washing and
Stream Cleaning," "Fueling Operations, and
Vehicle and Equipment Parking and
Storage."
(1) Minimum Requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required if you are engaged in engine
repair and maintenance:
i. If temporary work is being
conducted outside, use tarp,
ground cloth, or drip pans
beneath the vehicle or
equipment to capture all spills
and drips. The collected drips
and spills must be disposed of,
reused, or recycled properly.
If the work is done on a regular
basis at a stationary business
location, move the activity
indoors.
Routine maintenance.
A. Employees must be
educated on proper
handling and disposal of
engine fluids.
B. Store and maintain
appropriate spill clean up
materials in a location
known to all; and ensure
that employees are familiar
with the site's spill control
plan and/or proper spill
cleanup procedures
(reusable cloth rags can be
used to clean up small drips
and spills instead of
disposables; these can be
washed by a permitted
industrial laundry. Do not
clean them at home or a
coin operated laundry
business).
C. Sweep the maintenance
area weekly, if it is not
paved, to collect loose
particles, and wipe up all
ii.
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spills with rags and other
absorbent material
immediately; do not hose
down the area to a storm
drain.
(2) Additional BMPs. The following are
NOT REQUIRED, but they can provide
improved pollution control:
i. Absorbent material such as
pillows or brooms can be used
around storm drains or in catch
basins to absorb oil and other
substances. A qualified disposal
contractor must pick up used
absorbent material containing oil
or other engine fluids.
A catch basin insert, configured
for oil removal, may remove
some of the pollutants in runoff
from this activity. (Catch basin
inserts require frequent
maintenance to be effective.
Carefully consider this when
making your decisions.)
Vehicle Washing and Steam Cleaning.
This activity applies to operations that
receive shipments of bulk liquid materials by
truck or rail and transfer those liquids into
storage tanks or containers or handle the
truck or rail loading of liquid materials from
tanks. Spills and drips of these liquids can
potentially contribute toxic organic
compounds, oils and greases, nutrients,
heavy metals, and abnormal pH to
stormwater runoff.
(1) Minimum requirements. The
following BMPs, or equivalent
measures, methods, or practices, are
required if you are engaged in vehicle
washing and steam cleaning:
i. It is allowable to rinse down the
body of a vehicle, including the
bed of a truck, with just water
without doing any washwater
control BMPs.
If you wash (with mild
detergents) on an area that
infiltrates water, such as gravel,
grass or loose soil, it is
acceptable to let the washwater
infiltrate as long as you only
wash the body of the vehicles.
ii.
f.
ii.
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Unified Development Code
Section 6 . Development Standards
iii.
However, if you wash on a
paved area and use detergents
or other cleaners, or if you
wash/rinse the engine
compartment or the underside of
the vehicles, you MUST DO
ONE of the following options:
A. Designate and pave wash
area to wash all vehicles in.
Discharge wash water from
vehicle cleaning operations
to a sanitary sewer, holding
tank, or process treatment
system or process through
an enclosed recycling
system. The local sewer
authority may have limits on
the types and amounts of
pollutants, such as oil and
heavy metals that can be
discharged to a sanitary
sewer. Absolutely no
untreated wash water can
enter storm drains.
OR
B.
iv.
Designate and pave wash
area to wash all vehicles in.
Use a storm drain cover or
other effective method of
preventing all wash and
rinse water from entering a
storm drain or other
drainage system feature. All
runoff from the activity must
be collected from proper
disposal to a sanitary
sewer. A wet vacuum or
pump can be used for this.
There are several products
commercially available that
enable collection of runoff.
This requirement also
applies to mobile vehicle
washing services.
OR
C. Take the vehicles to a
commercial car wash or use
a mobile washing service
that complies with (A) or (B)
above.
Designated wash area must be
well-marked with signs indicated
wher and how washing must be
done.
6-25
SECTION 6' DEVELOPMENT STANDARDS
g.
Oil changes and other engine
maintenance cannot be
conducted in the designated
washing area.
Optional BMPs. The BMPs listed below are
measures that should be considered at all
times for improving pollution control. These
BMPs are NOT REQUIRED, but should be
incorporated in your plan of implementing
BMPs. Implementation of some of these
BMPs may reduce or eliminate the need to
implement other more complicated or costly
BMPs.
(1) Locate activities as far as possible
from surface drainage paths. Locating
activities on high ground, far from
drainage paths, ditches, gutters and
storm drains allows more time to
recognize spills and act to prevent
water contamination.
(2) Avoid the activity or reduce its
occurrence. Often an alternative
production process or material
application process can be used to
substitute for another, more polluting,
process. Ideally, a polluting activity
can be avoided altogether, or its
frequency of occurrence reduced. An
example is washing vehicles less often
or taking vehicles to commercial car
washes or detail shops rather than
washing on site. .
(3) Use less material. Improper disposal
of excess material or increased
application of materials simply
because excess is available can
cause pollution. Purchase only the
amount of material that will be needed
for foreseeable use. In most cases you
will see cost savings in both
purchasing and disposal.
(4) Use the least toxic materials available.
All applications of solid and liquid
materials should use the least toxic
products and raw materials available,
whether in production; cleaning;
pesticide applications; or other uses.
(5) Create and/or maintain vegetated
areas near activity location. Grass and
types of vegetation can filter out many
pollutants in stormwater runoff.
Vegetated areas should be maintained
around areas where polluting activities
occur, especially down slope of activity
areas. Routine maintenance will keep
vegetated areas healthy and capable
of filtering pollutants.
(6) Recycle as much as possible.
Recycling is always preferable to
disposal of unwanted materials.
Leftover paints, finishes, cleaning
materials, building materials, etc. may
be used by someone else, so don't
throw them away. Contact a neighbor,
friend, school, church, community
group, theater group, etc. to see if
your leftover materials can be used.
Many empty containers and other
common items are recyclable. Contact
the Jefferson County Recycling Center
for recycling options.
(7) Educate others about storm water
pollution prevention. Educate your
employees, business associates,
contractors, family, and friends about
stormwater pollution control.
Encourage others to find solutions to
stormwater pollution problems, and to
continue learning about pollution
control techniques.
(8) Implement treatment BMPs. Treatment
BMPs are used to remove pollutants
from stormwater before being
discharged from a site. These include
oil separators and other catch basin
inserts that control pollutants in the
piped system and as well as
numerous biological systems such as
a biofiltration swales, infiltration, and
constructed wetlands. These BMPs
may be a preferred option in certain
circumstances.
Best Management Practices (BMP) Report
Criteria. The following criteria shall apply when
preparing a Best Management Practices (BMP)
Report:
a. The report shall be prepared by, or done
under the direction of or designed by, a
qualified person with demonstrated expertise
in the industry or field as demonstrated by a
statement of qualifications.
b. The report will identify appropriate BMPs
and how they will be employed to prevent
degradation of groundwater. Examples of
BMPs are found in Section 6.17.1. All
necessary technical data, drawings,
calculations, and other information to
v.
2.
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describe application of the BMPs must be
supplied.
c. The report shall identify how the applicant
will satisfy the requirements of the
Dangerous Waste Regulations, chapter 173-
303 WAC in the event that hazardous
material is released into the ground or
groundwater.
d. The report shall be reviewed by the
Department of Community Development or a
consultant hired by the County, at the
applicants expense, for this review. The
County may consult with the Jefferson
County Health Department; State of
Washington Departments of Health or
Ecology, independent reviewer, or any
parties as sees fit.
6.18 On-Site Sewage Disposal Best
Management Practices in Critical
Aquifer Recharge Areas.
The following best management practices (BMPs) are
required to meet minimum onsite sewage standards
within Critical Aquifer Recharge Areas, as identified in
Section 3.6.5 of this Code, from the Jefferson County
Health Department, when the following conditions are
present.
1. The contaminants of concern, bacteria and
nitrogen, are not fully treated (removed) from
wastewater in Type 1A and 2A soils (excessively
coarse) with conventional gravity fed onsite
sewage systems. To more adequately protect the
groundwater in these areas from contamination
by these elements the standards in this section
have been developed utilizing a combination of
treatment systems and land use density
parameters.
2. Where land use densities are such that adequate
aquifer protection is not insured, best
management practices for onsite sewage shall
apply to new development, or expansion (as
defined in WAC 246-272-01001) of existing
development when an onsite sewage disposal
system is installed.
a. Tables 1 and 2 (attached) shall be used to
determine the type of' onsite sewage
disposal system required and the minimum
lot size in different soil types where public
water is available. Lot size requirements are
taken from the Washington State Onsite
Sewage Code 246-272 Table VII. Soil
Textural Classifications and minimum
standards for Methods of Effluent
Distribution for Soil Types and Depths are
taken from WAC 246-272 Tables II and VI,
respectively.
b. In critical aquifer recharge areas,. no on-site
sewage permit will be issued where public
water systems are not available on lots less
than one (1) acre, except as permitted in
Section c., below.
c. When lots sizes do not meet the area
requirements specified in Tables 1 and 2,
and lot consolidation is impracticable, an
approved composting toilet and greywater
treatment system may be permitted. Permits
for composting toilets shall include a
condition requiring further treatment of toilet
waste at the Port Townsend composting
facility or other approved site. Onsite use or
disposal of the toilet-generated compost
shall not be allowed.
d. BMPs shall be updated as new technologies
are reviewed and approved by Jefferson
County Environmental Health and/or
Washington State Department of Health.
Criteria for review of new or existing systems
will include, but not be limited to adequate
laboratory evidence provided by the system
proprietor of a minimum of 50% total
nitrogen reduction prior to final disposal.
Currently, acceptable BMPs .include:
(1) Intermittent sand filter followed by a
shallow pressure distribution system
(also meets Treatment Standard 2).
Recirculating gravel filter.
Composting and Incinerating toilets -
if these are used, greywater from the
facility shall be treated by the method
normally required by the site and soil
conditions required under WAC 246-
272. For example: Type 1 A soils
require Treatment Standard 2 under
WAC 246-272. Only composting or
incinerating toilets listed as approved
proprietary devices by the Washington
Department of Health may be
permitted.
e. Systems that meet Treatment Standard 2
are listed and approved by the Washington
State Department of Health and are
available in the Guidelines for the
Application of Treatment Standards 1 and 2.
Only those systems that meet Treatment
Standard 2 and are listed as Nitrogen
Reduction BMPs (in subsection c, above) .
meet the standard for Critical Aquifer
(2)
(3)
Unitied Development Code
Section 6 . Development Standards
6-27
SECTION 6' DEVELOPMENT STANDARDS
'-"'"
f.
Recharge Area requirements in Type IA
soils.
Where a question/disagreement regarding
the soil texture exists the following
procedure shall be used:
(1) Sample will be taken in the presence
of Jefferson County Health
Department staff.
(2) Chain of custody protocol shall be
followed.
(3) Lab reports shall be sent to Jefferson
County Environmental Health Division
and the applicant, or applicant's
representative, for review.
Noise.
6.19
The intensity of sound emitted by any commercial or
industrial activity shall not exceed levels established
by the Washington State Department of Ecology
under WAC 173-60, and by Jefferson County under
Resolution No. 67-85, "Establishment of
Environmental Designations for Noise Abatement
Areas for Jefferson County."
.......",
-/
6-28
Unified Development Code
Section 6 . Development Standards
)
)
)
SECTION 6' DEVELOPMENT STANDARDS
TABLE 1
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING THREE (3) FEET
VERTICAL SEPARATION IN CRITICAL AQUIFER RECHARGE AREAS1
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section 6.18.2(d).
Minimum
lot Size 2
>1.0 ac
22,000 sq.ft.
O.5ac
(21,780 sq.ft.)
20,000 sq.ft.
18,000 sq.ft.
15,000 sq.ft.
12,500 sq.ft.
Soil Type (as defined in Table" of WAC 246-272)
1A
18 2A 28
Conventional Pressure Conventional
Gravity Distribution Gravity
NO3BMP NO3BMP NO3BMP
Treatment
Standard 2
Treatment
Standard 2 that
is also listed as
NO3BMP
Treatment
Standard 2 that
is also listed as
NO3BMP
NO3 BMP I NO3 BMP NO3BMP
NO3 BMP NO3 BMP
NO3BMP NO3 BMP
NO3BMP NO3BMP
NO3BMP NO3 BMP
1 As defined in Section 3.6.5 of the UDC.
2 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
Unified Development Code
Section 6 . Development Standards
3 4 5
Conventional Conventional Conventional
Gravity Gravity Gravity
Shallow Shallow Shallow
Pressure Pressure Pressure
Distribution Distribution Distribution
Shallow Shallow Shallow
Pressure Pressure Pressure
Distribution Distribution Distribution
Shallow Shallow
Pressure Pressure
Distribution Distribution
Shallow Shallow
Pressure Pressure
Distribution Distribution
Shallow
Pressure
Distribution
6
Conventional
Gravity
Shallow
Pressure
Distribution
6-29
)
SECTION 6' DEVELOPMENT STANDARDS
)
)
TABLE 2
ONSITE SEWAGE SYSTEM REQUIREMENTS FOR SITES USING PUBLIC WATER SOURCES AND HAVING TWO (2) FEET BUT
LESS THAN THREE (3) FEET OF VERTICAL SEPARATION, FOR DEVELOPMENT IN CRITICAL AQUIFER RECHARGE AREAS3.
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in Section 6.18.2(d).
Minimum
Lot Size 4
>1.0 ac
22,000 sq.ft.
0.5ac
(21,780 sq.ft.)
20,000 sq.ft.
18,000 sq ft
15,000 sq. ft.
12,500 sq. ft.
Soil Type (as defined in Table II of WAC 246-272)
18 2A 28
Pressure Pressure Pressure
Distribution Distribution Distribution
NO3 BMP NO3 BMP NO3 BMP
1A
Treatment
Standard 2
Treatment
Standard 2 that
is also listed as
NO3BMP
Treatment
Standard 2 that
is also listed as
NO3BMP
NO3 BMP NO3 BMP NO3BMP
NO3BMP NO3 BMP
NO3BMP NO3 BMP
NO3BMP NO3BMP
NO3BMP NO3 BMP
3 As defined in Section 3.6.5 of the UDC.
4 Per unit volume of sewage (450 gallons per day), WAC 246-272-01001
6-30
3 4 5 6
Pressure Pressure Pressure Pressure
Distribution Distribution Distribution Distribution
Shallow Shallow Shallow Shallow
Pressure Pressure Pressure Pressure
Distribution Distribution Distribution Distribution
Shallow Shallow Shallow
Pressure Pressure Pressure
Distribution Distribution Distribution
Shallow Shallow
Pressure Pressure
Distribution Distribution
Shallow
Pressure
Distribution
Unified Development Code
Section 6 . Development Standards
""'...
SECTION 7
....--
land Divisions
""",
---
""""
,-...
""""
SECTION 7 . LAND DIVISIONS
Page
Section
General provision~. ................................................,.....""""""""""""""""""""""""""""..........:::::::::::::::::::::~
Boundary Line Adjustments..........................................................................."""""""""""""""'"
~=~: :~:~~:~~:.'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~
S1 PI . ........................19
Binding leans. """"""""""""","""""""""""""""""""""""""""""""""""""""""""" .. .................23
Subdivision Development Standards............................................................................................. .
7.1
7.2
7.3
7.4
7.5
7.6
7.1 General Provisions.
1. General Authority. This Section 7 of the
Jefferson County Unified Development Code is
adopted under the authority of Chapter 58.17
RCW.
2. Purpose. The purpose of this Section 7 is to
regulate the division of land lying within Jefferson
County, and to promote the public health, safety,
and general welfare in accordance with the
standards established by the State of
Washington and Jefferson County, and to:
a. Prevent the overcrowding of land;
b. Lessen congestion and promote safe and
convenient travel by the public on sidewalks,
pathways, streets and highways;
c. Promote the efficient use of land;
d. Facilitate adequate provision for water
supply, sewage disposal, drainage, streets,
schools, parks, recreational areas, fire
protection and other capital requirements;
e. Require uniform monumentation and
conveyancing of lots, tracts and parcels by
accurate legal description;
f. Facilitate the expeditious processing of
development applications through the
adoption of clear, predictable and uniformly
applied land division regulations; and
g. Implement the goals, policies and
substantive requirements of the Washington
State Growth Management Act (Chapter
36.70A RCW) and the Jefferson County
Comprehensive Plan.
3. Applicability.
a. This Section applies to the division of land
into four (4) parcels for short subdivisions
and of five (5) or more parcels for long
subdivisions. This title further applies to
boundary line adjustments and binding site
plan review and regulation.
b. Property boundary lines separating two (2)
or more lots of record may be adjusted only
Unified Development Code
Section 7 . Land Divisions
under the specific provisions set forth in this
Section 7.
c. The process for resubdivision, alteration and
vacation of any existing subdivision is
identical to the process for initial subdivision.
All such subdivision applications shall
conform with the applicable sections in this
Section governing the subdivision of property
into lots, tracts or parcels. All proposed plat
vacations shall comply with the requirements
and criteria set forth in RCW 58.17 .212, as
now adopted or hereafter amended.
d. Where this Section imposes greater
restrictions or higher standards upon the
development of land than other provisions of
this Code, laws, ordinances or restrictive
covenants, the provisions of this Section
shall prevail.
4. Exemptions. This Section does not apply to the
following:
a. Divisions of land into lots, tracts or parcels
each one of which is one-sixteenth (1/16th)
of a section of land or larger, or forty (40)
acres or larger if the land is not capable of
description as a fraction of a section of land;
provided that for purposes of computing the
size of a lot that borders on a street or road,
the lot size shall be expanded to include that
area that would be bounded by the center
line of the street or road and the side lot lines
of the lot running perpendicular to such
center line; and provided further that within
the Commercial Forest District (Le., CF-80),
each lot, tract or parcel shall be at least
eighty (80) acres in size;
b. Cemeteries and burial plots while used for
that purpose;
c. Divisions of land made by testamentary
provisions or the laws of descent, provided
that this exemption shall not be construed to
permit inter vivos transfers, and provided
further that any structure or use on the
7-1
SECTION 7 . LAND DIVISIONS
---/
property must comply' with all other
applicable county regulations; and
d. Divisions of land relating to the acquisition of
a fee simple interest in land by public
agencies, including, but not limited to,
divisions made for road or public right-of-way
conveyance or widening purposes. This
exemption shall not be construed to include
acquisitions of easements.
5. Violations - Penalties.
a. Criminal Penalties and Liability. Any
person, firm, corporation, or association or
any agent of any person, firm, corporation or
association who sells, offers for sale, leases,
or transfers any lot, tract, or parcel of land
prior to compliance with this Section 7 is
guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a
fine not to exceed one thousand dollars
($1,000) or by imprisonment in jail for a term
not exceeding ninety (90) days, or by both
such fine and imprisonment. Each violation
or each sale, offer for sale, lease, or transfer
of each separate lot, tract, or parcel of land
in violation of any provision of this Section is
deemed a separate and distinct offense. If
performance of an offer of agreement to sell,
lease or otherwise transfer a lot, tract or
parcel of land following preliminary approval
of a short plat or long plat, but prior to final
plat approval, is expressly conditioned on the
recording of the final plat containing the lot,
tract or parcel under this Section, the offer or
agreement does not violate any provision of
this Section. All payments on account of an
offer or agreement conditioned as provided
in this Section shall be deposited in an
escrow account and no disbursements to
sellers are permitted until the final plat is
recorded. This prohibition of property
transfers prior to compliance with this
Section shall apply equally to transfers prior
to completion of short subdivisions, long
subdivisions and binding site plans.
b. Section 10 Applicable. In addition to the
penalties provided in this Section 7.1.5, all
violations of any provision of this Section or
any incorporated standards, or conditions of
any permit issued hereunder, are subject to
the provisions of Section 10 of this Code.
The administrator is authorized to enforce
the provisions of this Section in accordance
with Section 10 of this Code.
c. Other Enforcement Action. In the event an
applicant for a short subdivision, long
subdivision, or binding site plan fails and
refuses to install required improvements in
7-2
7.2
1.
the time required by any preliminary or final
approval, the county may withhold further
building or other development permits, make
demand against any bonds, collect moneys
deposited in escrow to secure installation of
improvements, initiate a local improvement
district, or take such other action as may be
necessary to cause the improvements to be
made.
Boundary Line Adjustments.
Purpose, Scope and Limitations.
a. Purpose and Scope. The purpose of this
Section 7.2 is to provide procedures and
criteria for the review and approval of
adjustments to boundary lines between
platted or unplatted lots, tracts or parcels, 'or
both in order to:
(1) Allow the enlargement or merging of
lots, tracts or parcels to improve or
qualify as a buildable lot or for any
other lawful purpose;
(2) Rectify defects ili legal descriptions;
(3) Achieve increased setbacks from
property lines or environmentally
sensitive areas;
(4) Correct situations wherein an
established use is located across a lot
line; or
(5) For other similar purposes.
This Section 7.2 is also intended to ensure
compliance with the Survey Recording Act,
Chapter 58.09 RCW and Chapter 332-130
WAC.
b. Prohibited Boundary Changes. This
Section 7.2 shall not apply to boundary
changes that would:
(1) Result in the creation of an additional
lot, tract, parcel, site within a binding
site plan or division, or the enlargement
of existing lots, tracts or sites to create
more than one (1) additional buildable
lot, as defined in Section 2 of this
Code;
(2) Result in a lot, tract or parcel or site
within a binding site plan that does not
qualify as a buildable lot as defined in
Section 2 of this Code;
(3) Relocate an entire lot, tract or parcel
from one (1) parent parcel into another
parent parcel;
(4) Be inconsistent with any restrictions or
conditions of approval for a recorded
short plat or long plat; or circumvent
the short subdivision or long
-./
-/
Unified Development Code
Section 7 . Land Divisions
>-
SECTION 7 . LAND DIVISIONS
,-...
subdivision procedures set forth in this
Section 7. Factors that indicate that the
boundary line adjustment process is
being used in a manner inconsistent
with the intent of this Section 7.2
include:
i. Numerous and frequent
adjustments to the boundary of
an existing lot, tract or parcel
boundary;
A proposal to move a lot to a
different location;
A large number of lots being
proposed for a boundary line
adjustment.; and
An adjustment that crosses
zoning district boundaries where
the administrator reasonably
believes that the adjustment is
intended to serve as a rationale
for a future re-zone application.
c. Elimination of Boundary Lines. The
elimination of lines between two or more lots,
tracts or parcels for the purpose of creating a
single lot, tract or parcel that meets the
requirements for a buildable lot shall in all
cases be considered a minor adjustment of
boundary lines and shall not be subject to
the short subdivision or long subdivision
provisions of this Section 7.
d. Adjustments to Binding Site Plans.
Recognized lots in an approved binding site
plan shall be considered a single site and no
lot lines on the site may be altered by a
boundary line adjustment to separate lots to
another property not included in the original
site plan of the subject development.
e. Time Limitations. Lots, tracts or parcels
that have been subject to a boundary line
adjustment process that resulted in the
qualification of an additional building site
shall not be permitted to use the boundary
line adjustment process again for five (5)
years to create an additional buildable lot.
2. Application Submittal and Contents. To be
considered complete, applications for boundary
line adjustments shall include the following:
a. Applications for boundary line adjustments
shall be made on forms provided by the
Jefferson County Department of Community
Development and shall be submitted to the
Department of Community Development,
along with the appropriate fees established
under the Jefferson County Fee Ordinance;
ii.
b. A completed land use permit application
form, including all materials required
pursuant to Section 8 of this Code;
c. Three (3) copies of a clean and legible
drawing suitable for recording showing the
following:
(1) The proposed lines for all affected lots,
tracts or parcels, indicated by bold
solid lines;
(2) The existing lot, tract or parcel lines
proposed to be changed, indicated by
light broken lines;
(3) The intended future use of the
adjusted lots, tracts or parcels;
(4) The location and dimensions of all
structures/improvements existing upon
the affected lots, tracts or parcels and
the distance between each such
structure/ improvements and the
proposed boundary lines, with
structures proposed to be removed
from the site depicted with broken lines
and structures to remain on the site
depicted with solid lines;
(5) The original legal description of the
entire property together with new
separate legal descriptions for each
lot, tract or parcel, labeling them each
as existing parcel A,existing parcel 8,
revised parcel A, revised parcel 8,
etc.;
(6) A north arrow indication and scale;
(7) All assessor's tax parcel numbers for
the affected lots, tracts or parcels;
(8) The location of the property as to
quarter/quarter section;
(9) The location and dimensions of any
easements within or adjacent to any
affected lots, tracts or parcels;
(10) The location, right-of-way widths,
pavement widths and names of all
existing or platted streets or roads,
whether public or private, and other
public ways within or adjacent to the
affected lots, tracts or parcels;
(11) The area and dimensions of each lot
following the proposed adjustment;
(12) The existing, and if applicable,
proposed future method of sewage
disposal for each affected lot, tract or
parcel, including the location and
dimensions of any proposed septic
drainfield; and
iii.
iv.
-
Unified Development Code
Section 7 . Land Divisions
7-3
SECTION 7 . LAND DIVISIONS
-/
3.
(13) The location of all existing and
proposed water and storm drainage
facilities;
(14) The approximate location and extent of
any environmentally sensitive areas
designated under Section 3.6.4,
above, including any flood hazard
areas lying within the existing or
revised parcel boundaries;
d. The drawing shall be attached to or include
on the face, a formal legal declaration of the
boundary line adjustment, signed and
notarized by all legal owners of the subject
properties;
e. A copy of any Covenants, Conditions and
Restrictions (CC&Rs), deed restrictions, or
planned rural residential development
(PRRD) agreements pertaining to or
affecting the property; and
f. If an individual septic system is proposed
(Le., as opposed to connection to either a
community drainfield or municipal sewer
system), the applicant shall provide written
verification from the Jefferson County
Department of Environmental Health that the
lots, tracts, parcels or sites, as each would
exist after the boundary line adjustment, are
adequate to accommodate an on-site
sewage disposal system.
Review Process and Criteria.
a. Prior to approval, a proposed boundary line
adjustment shall be reviewed by the
Jefferson County Assessor.
b. Based on any comments solicited and
received from the Department of Public
Works, the Department of Environmental
Health or other applicable departments and
agencies, the administrator shall approve the
proposed boundary line adjustment only
upon finding that the adjustment would not:
(1) Create any additional lot, tract, parcel,
site within a binding site plan or
division;
(2) Result in a lot, tract, parcel, site within
a binding site plan or division that
contains increased density or
insufficient area or dimension to meet
the minimum requirements for area
and dimension as set forth in Section 3
of this Code and state and local health
codes and regulations; provided that
this provision shall not be construed to
require correction or remedy of pre-
existing nonconformities or sub-
standard conditions;
7-4
7.3
1.
(3) Diminish or impair drainage, water
supply, existing sewage disposal, and
access or easement for vehicles or
pedestrians, utilities, and fire
protection for any lot, tract, parcel, site
(Le., within an approved binding site
plan), or division;
(4) Diminish or impair any public or private
utility easement or deprive any parcel
of access or utilities;
(5) Diminish or impair the functions and
values of environmentally sensitive
areas designated under Section 3.6.4,
above or create an unsafe or
hazardous environmental condition;
(6) Create unreasonably restrictive or
hazardous access to the property;
(7) Increase the nonconforming aspects of
an existing lot, tract or parcel relative
to Section 3 of this Code; or
(8) Replat or vacate a short plat or long
plat, or revise or amend the conditions
of approval for any short or long
subdivision.
c. Following approval by the administrator, a
final record of survey document shall be
prepared by a licensed land surveyor in
accordance with RCW 58.09 and WAC 332-
130. The document shall contain a land
surveyor's certificate and a recording
certificate. The final page of the record of
survey document shall contain the following
signature blocks:
(1) The Jefferson County Assessor's
Office, to be signed by the Jefferson
County Assessor or his/her designee;
and
(2) The Department of Community
Development, to be signed by the
administrator.
d. Applications for boundary line adjustments
shall be processed according to the
procedures for Type I land use decisions
established in Section 8 of this Code.
Short Subdivisions.
Scope. Any land being divided into four (4) or
fewer lots, tracts or parcels that has not been
divided through a short subdivision within the
previous five (5) years shall meet the
requirements of this Section 7.3. Land within an
approved short subdivision may not be further
divided in any manner within a period of five (5)
years without the filing of a long plat. However,
when a short plat contains fewer than four (4)
parcels, the owner of the short plat may file an
--'
--"
Unified Development Code
Section 7 . Land Divisions
-
SECTION 7 . LAND DIVISIONS
-
alteration within the five (5) year period to create
up to four (4) lots within the boundaries of the
original short plat; provided that the parcel is not
held in common ownership with a contiguous
parcel which has been subdivided within the
preceding five (5) years.
2. Application Submittal and Contents.
To be considered complete, applications for short
subdivisions shall include the following information:
a. Applications for short subdivisions shall be
made on forms provided by the Jefferson
County Department of Community
Development and shall be submitted to the
Department of Community Development,
along with the appropriate fees established
under the Jefferson County Fee Ordinance;
b. A completed land use permit application
form, including all materials required
pursuant to Section 8 of this Code;
c. A sworn certification by the applicant
verifying whether the applicant has any
interest in any land adjacent to any portion of
the subject property; such interest in land
may be by reason of ownership, contract for
purchase by an agreement or option by any
person, family member, firm or corporation in
any manner connected with the applicant or
the development;
d. The dimensions and area of each proposed
lot, tract or parcel to accurately show that
each lot, tract or parcel contains sufficient
area to satisfy the minimum requirements of
Section 3 of this Code; provided that the
area of land contained in access easements,
access panhandles or pipestem configura-
tions shall not be included in the area
computations;
e. Five (5) paper copies of a preliminary short
plat meeting the standards of Sections 7.3.3
and 7.3.4 of this Section;
f. Where applicable, any Special Reports or
studies required under Section 3 of this
Code, prepared in accordance with the
requirements of Section 3.6.11 of this Code;
g. A preliminary drainage plan prepared in a
manner consistent with the requirements of
Section 6 of this Code, including any soil test
information that may be deemed necessary
by the Director of the Department of Public
Works;
h. The estimated quantities of any fill to be
expected from the site and imported to the
site; and
i. Documentation of water availability and
adequacy for each parcel affected sufficient
-
Unified Development Code
Section 7 . Land Divisions
to meet the requirements of Section 6.3 of
this UDC.
3. Preliminary Short Plat Preparation. The
preliminary short plat shall be prepared in
accordance with the following requirements:
a. The preliminary short plat shall be prepared
by a Washington Sate licensed engineer or
land surveyor registered or licensed by the
state of Washington. The preparer shall
certify on the short plat that it is a true and
correct representation of the land actually
surveyed. The preparation of the plat shall
comply with the Survey Recording Act,
Chapter 58.09 RCW and Chapter 332-130
WAC as now adopted or hereafter amended.
Upon surveying the property, the surveyor
shall place temporary stakes on the property
to enable the county to locate and assess
features of the short plat in the field. The
datum to be used for all surveying and
mapping shall be as follows: The projection
name is the state plane; the projection
spheroid is GRS 1980; the coordinate
system is Washington State Plane North
Zone; and the horizontal datum is NAD 83.
b. All geographic information portrayed by the
preliminary short plat shall be accurate,
legible and drawn to a horizontal scale of fifty
(50) feet or fewer to the inch, except that the
location sketch and typical roadway cross-
sections may be drawn to any other
appropriate scale.
c. A preliminary short plat shall be eighteen
(18) by twenty-four (24) inches in size,
allowing one-half inch borders, and if more
than one sheet is needed, each sheet shall
be numbered consecutively and an index
sheet showing the entire property and
orienting the other sheets, at any appropriate
scale, shall be provided. In addition to other
map submittals, the applicant shall submit
one (1) copy of each sheet reduced to eight
and one-half (8%) inches by eleven and
one-half (11 %) inches in size. If more than
one (1) sheet is required, an index sheet
showing the entire subdivision with road and
highway names and block numbers (if any)
shall be provided. Each sheet, including the
index sheet, shall be of the above specified
size.
d. The area of each proposed lot, tract or
parcel on the short plat map shall accurately
show that each lot, tract or parcel contains
sufficient area to satisfy minimum zoning
requirements. The area of land contained in
access easements, access panhandles or
7-5
---
SECTION 7 . LAND DIVISIONS
4.
pipestem configurations shall not be included
in the area computations.
Preliminary Short Plat Contents.
a. A preliminary-short plat shall be submitted on
one (1) or more sheets and shall provide the
information described below. All
specifications for required improvements
shall conform to the development standards
contained in Section 6 of this Code.
(1) The name of the proposed
subdivisions together with the words
"Prelimini3ry Short Plat";
(2) The name and address of the
applicant;
(3) The name, address, stamp and
signature of the professional engineer
or professional land surveyor who
prepared the preliminary plat;
(4) Numeric scale (fifty (50) feet or fewer
to the inch), graphic scale, true north
point, and date of preparation;
(5) Identification of all land intended to be
cleared, and the location of the
proposed access to the site for
clearing and grading during site
development or construction; and
(6) A form for the endorsement of the
administrator, as follows:
APPROVED BY JEFFERSON COUNTY
vacated, and all existing property lines
for any property adjacent to the subject
property which is under the same
ownership as the property to be
subdivided (as described in Section
7.3.3(c» shall be shown in broken
lines;
(4) The location, right-of-way widths,
pavement widths and names of all
existing or platted roads, whether
public or private, and other public ways
within two hundred (200) feet of the
property to be divided;
(5) The location, widths and purposes of
any existing easements lying within or
adjacent to the proposed subdivision;
(6) The location, size and invert elevation
of sanitary sewer lines and stormwater
management facilities lying within or
adjacent to the proposed subdivision
or those that will be connected to the
subdivision as part of the proposal (if
applicable);
(7) The location and size of existing water
system facilities including all fire
hydrants lying within or adjacent to the
proposed subdivision or those which
will be connected to as part of the
proposed subdivision (if applicable);
(8) The location, size and description of
any other underground and overhead
facilities lying within or adjacent to the
proposed subdivision (if applicable);
(9) The location of any environmentally
sensitive areas as described in Section
3.6.4 of this Code, including all
floodplains lying within or adjacent to
the proposed subdivision;
(10) The location of existing sections and
municipal corporation boundary lines
lying within or adjacent to the
proposed subdivision;
(11) The location of any well existing within
the proposed subdivision;
(12) The location of any individual or on-
site sewage disposal system existing
within the proposed subdivision;
(13) Existing contour lines at intervals of
five (5) feet, labeled at intervals not to
exceed twenty (20) feet;
(14) The location of any existing structures
lying within the proposed subdivision;
existing structures to be removed shall
be indicated by broken lines, and
Department of Community Date
Development Administrator
b. The preliminary plat shall contain a vicinity
sketch sufficient to define the location and
boundaries of the proposed subdivision with
respect to surrounding property, roads, and
other major constructed and natural features.
c. Except as otherwise specified in this Section
7, the preliminary short plat shall contain the
following existing geographic features, drawn
lightly in relation to proposed geographic
features:
(1) The boundaries of the property to be
subdivided, and the boundaries of any
adjacent property under the same
ownership as the land to be
subdivided, to be indicated by bold
lines;
(2) The names of all adjClining property
owners, or names of adjoining
developers;
(3) All existing property lines lying within
the proposed subdivision, including lot
lines for lots of record 'which are to be
7-6
Unified Development Code
Section 7 . Land Divisions
-..-/
--...../
-../
,......
SECTION 7 . LAND DIVISIONS
-
existing structures not to be removed
shall be indicated by solid lines.
d. The preliminary plat shall show the following
proposed geographic features:
(1) The boundaries in bold solid lines of
any proposed lots, tracts or parcels,
the area and dimensions of each
proposed lot, tract or parcel, and the
proposed identifying number or letter
to be assigned to each lot, tract or
parcel, and block (if applicable);
(2) The right-of-way location and width,
the proposed name of each road,
street or other public way to be created
and the estimated tentative grades of
such roads; where roadways may
exceed the maximum allowable grade
or alignment, the Director of the
Department of Public Works may
require sufficient data, including
centerline profiles and cross-sections,
if necessary, to determine the
feasibility of said roadway;
(3) The location, width and purpose of
each easement to be created;
(4) The boundaries, dimensions and area
of public and common park and open
space areas;
(5) Identification of all areas proposed to
be dedicated for public use, together
with the purpose and any condition of
dedication;
(6) Proposed final contour lines at
intervals of five (5) feet; final contour
lines shall be indicated by solid lines;
contour lines shall be labeled in
intervals not to exceed twenty (20)
feet;
(7) The building envelope, as defined in
Section 2.3 of this Code, shall be
indicated for each lot;
(8) Proposed monumentation;
(9) Proposed location and description of
all individual or community wells, or
water system improvements, including
fire hydrants (if applicable);
(10) Proposed location and description of
all sewage disposal improvements,
including (if applicable) profiles and all
pump stations and their connections to
the existing system;
(11) Proposed location and description of
all stormwater management
improvements;
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Unified Development Code
Section 7 . Land Divisions
5.
(12) Proposed road cross-sectio~s,
showing bicycle and pedestrian
pathways, trails and sidewalks (if
applicable);
(13) Proposed type and location of road
lighting (if applicable);
(14) Proposed type and location of
landscaping (if applicable);
(15) Proposed location and description of
transit stops and shelters (if
applicable);
(16) Proposed covenants, conditions and
restrictions (CC&Rs) on development
(if applicable).
e. Upon review of an application, the
administrator may require additional
pertinent information, as deemed necessary,
to satisfy any other regulatory requirements.
The administrator may also waive specific
submittal requirements determined to be
unnecessary for review of an application. In
such event, the administrator shall document
the waiver in the project file or log.
Short Plat Approval Criteria. In addition to the
review criteria provided in Section 8 of this Code,
the following criteria are the minimum measures
by which each proposed short subdivision will be
considered:
a. Short subdivisions shall be given preliminary
approval, including preliminary approval
subject to conditions, upon finding by the
administrator that all of the following have
been satisfied:
(1) The proposed subdivision conforms to
all applicable county, state and federal
zoning, land use, environmental and
health regulations and plans, including,
but not limited to the following:
i. The Jefferson County
Comprehensive Plan; and
The provisions of this Code,
including any incorporated
standards;
(2) Utilities and other public services
necessary to serve the needs of the
proposed subdivision shall be made
available, including open spaces,
drainage ways, roads, streets and
other public ways, potable water,
transit facilities, sewage disposal,
parks, playgrounds, schools, sidewalks
and other improvements to assure
safe walking .cQnditions for students
who walk to and from school;
ii.
7-7
SECTION 7 . LAND DIVISIONS
6.
~
(3) The probable significant adverse
environmental impacts of the proposed
short subdivision, together with any
practical means of mitigating adverse
impacts, have been considered such
that the proposal will not have an
unacceptable adverse effect upon the
quality of the environment, in
accordance with the State
Environmental Policy Act (SEPA)
implementing provisions contained
within Section 8 of this Code and
Chapter 43.21 C RCW;
(4) Approving the proposed short
subdivision will serve the public use
and interest and adequate provision
has been made for the public health,
safety and general welfare.
b. Notwithstanding the approval criteria set
forth in Section 7.3.5(a), in accordance with
RCW 58.17.120, as now adopted and
hereafter amended, a proposed subdivision
may be denied because of flood, inundation
or swamp conditions. Where any portion of
the proposed short subdivision lies within
both a flood control zone, as specified by
Chapter 86.16 RCW, and either the one
hundred (100) year floodplain or the
regulatory floodway, the county shall not
approve the preliminary short plat unless:
(1) The applicant has demonstrated to the
satisfaction of the administrator that no
feasible alternative exists to locating
lots and building envelopes within the
one hundred (100) year floodplain; and
(2) It imposes a condition requiring the
applicant to comply with Section 3.6.6
of this Code and any written
recommendations of the Washington
State Department of Ecology. In such
cases, the county shall issue no
development permit associated with
the proposed short subdivision until
flood control problems have been
resolved.
Short Plat Review Process.
a. An application for a short subdivision shall
be processed according to the procedures
for Type" land use decisions established in
Section 8 of this Code.
b. The administrator shall solicit comments
from the Director of the Department of Public
Works, the chief of the fire diistrict in which
the proposal is located, local utility providers,
sheriff, building official, school district in
which the proposal is located, adjacent
7-8
jurisdictions if the proposal is within one mile
of a city or other jurisdiction, Washington
State Department of Transportation if the
proposal is adjacent to a state highway, and
any other local, state or federal officials as
may be necessary.
c. Based on comments from county
departments, applicable agencies and other
information, the administrator shall review
the proposal subject to the criteria contained
in Section 7.3.5 of this Section. A proposed
short plat shall only be approved hen
consistent with all the provisions of Section
7.3.5 of this Section 7.
d. An applicant for a short subdivision may
request that certain requirements
established or referenced by this Section be
modified. Such requests shall be processed
according to the procedures for variances in
Section 8 of this Code, and shall satisfy the
criteria contained in Section 8.4, Variances.
7. Modifications to an Approved Preliminary
Short Plat.
a. Minor modifications to a previously approved
preliminary short plat, may be requested by
the applicant and approved by the
administrator subject to the provisions for
Type I decisions in Section 8 of this Code,
provided that the modification does involve
any of the following:
(1) The location or relocation of a road or
street;
(2) The creation of an additional lot, tract
or parcel;
(3) The creation of a lot, tract or parcel
that does not qualify as a buildable lot
pursuant to this Code;
(4) The relocation of an entire lot, tract or
parcel from one (1) parent parcel into
another parent parcel;
b. Before approving such an amendment, the
administrator shall make written findings and
. conclusions documenting the following
conditions:
(1) The modification will not be
inconsistent or cause the short
subdivision to be inconsistent with the
decision of the county preliminarily
approving the application;
(2) The modification will not violate the
intent of the original conditions of
application approval; and
(3) The modification will not cause the
short subdivision to violate any
applicable county policy or regulation.
Unified Development Code
Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
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c. Modifications that involve the circumstances
described in 7.3.7(a), above, or exceed the
criteria set forth in Section 7.3.7(b), above,
shall be processed as a new preliminary
short plat application.
8. Improvement Method Report. Following
preliminary plat approval and approval of all
plans, and prior to submission of a final plat for
the administrator's approval, the applicant shall
submit to the administrator three (3) copies of a
report describing the method by which the
applicant proposes to carry out the minimum
improvements required and the time period within
which such improvements will be completed. The
applicant shall submit all design and construction
drawings required in conformance with Section 6
of this Code and any incorporated standards.
This improvement method report shall be signed
by the applicant and be accompanied by any
applicable proposed performance guarantees.
The administrator shall transmit two (2) copies of
the improvement method report with all drawings
and other submittals to the Director of the
Department of Public Works. Improvements may
be made or guaranteed by either of the following
methods, subject to the discretion and approval
of the administrator:
a. By actual installation and approval of all
improvements in accordance with the
preliminary plat, the development standards
contained in Section 6 of this Code and any
incorporated standards, and approved
construction drawings; or
b. By furnishing to the county a plat or
subdivision bond or cash deposit in escrow
for the full cost of the improvements, or other
security satisfactory to the administrator, in
which assurance is given the county that the
installation of the minimum improvements
will be carried out as provided by plans
submitted and approved and in accordance
with the development standards contained in
Section 6 of this Code and any incorporated
standards, and under the supervision of the
Director of the Department of Public Works.
The amount of the performance bond or
other security shall be one hundred and
twenty (120) percent of the estimated cost
for the county to contract for construction of
the improvements as determined by the
Director of the Department of Public Works.
9. Director of the Department of Public Works
Certificate of Improvements. No permit for the
construction of improvements within an approved
subdivision shall be issued by the county until the
improvement method report, all construction
drawings, proposed performance guarantees,
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Unified Development Code
Section 7 . Land Divisions
and other submittals in conformance with the
development standards contained in Section 6 of
this Code and any incorporated standards have
been received and approved by the Director of
the Department of Public Works. All construction
of improvements shall be inspected and
approved in conformance with the development
standards contained in Section 6 of this Code
and any incorporated standards. After completion
of all required improvements or the guarantee of
the construction of all required improvements, the
Director of the Department of Public Works shall
submit a certificate in triplicate to the
administrator stating the required improvements
or guarantees are in accordance with the
provisions of this Section, the preliminary short
plat, including the county's decision approving the
short plat, and in accordance with the
development standards contained in Section 6 of
this Code and any incorporated standards. The
administrator shall transmit one copy of the
certification to the subdivider, together with a
notice advising the subdivider to prepare a finai
plat for the proposed short subdivision. The
administrator shall retain one (1) copy of the
certificate.
10. Final Short Plat Requirements. The applicant
must submit a reproducible copy, plus three (3)
paper copies of the proposed final short plat to
the administrator. The reproducible copy of the
approved final short plat will contain the elements
as described in Section 7.3.4 and shall include
certifications and other requirements as provided
in Section 7.4.11 for long plats.
11. Accompanying Documents - Final Short
Plat.
a. In cases where any restrictive deed
covenants or CC&Rs will apply to lots or
parcels within a subdivision, a type written
copy of such covenants, bearing all
necessary signatures, shall be submitted
along with the final plat. Where the
recordation of specific deed restrictions or
CC&R provisions have been required as a
condition of preliminary plat approval, the
administrator shall approve and sign the
deed restriction or CC&Rs prior to final plat
approval.
b. The final plat shall be accompanied by a
current (Le., within thirty (30) days) title
company certification of the following:
(1) The legal description of the total parcel
sought to be subdivided;
(2) Those individuals or corporations
holding an ownership interest and any
security interest (such as deeds or
trust or mortgages) or any other
7-9
SECTION 7 . LAND DIVISIONS
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encumbrances affecting the title of
said parcel. Such individuals or
corporations shall sign and approve
the final plat prior to final approval;
(3) Any lands to be dedicated shall be
confirmed as being owned in fee title
by the owner(s) signing the dedication
certificate;
(4) Any easements or restrictions affecting
the property to be subdivided with a
. description of purpose and referenced
by the auditor's file number and/or
recording number; and
(5) If lands are to be dedicated or
conveyed to the county as part of the
subdivision, an American land Title
Association (AL.TA) policy may be
required by the Director of the
Department of Public Works.
c. All maintenance, performance and
guarantee bonds or other guarantees as
may be required by the Director of the
Department of Public Works and the
approved improvement method report to
guarantee the acceptability and/or
performance of all required improvements.
12. Final Short Plat Approval. The final short plat
shall be approved by the administrator upon
satisfaction of all conditions of approval and all
requirements as provided in this Section 7.3 and
Section 7.7 of this Section 7. Final approval of
short plats by the Jefferson County Board of
County Commissioners shall not be required. All
final short plats shall be approved, disapproved
or returned to the applicant within thirty (30) days
of their filing, unless the applicant consents to an
extension of time in writing.
13. Time Limitation on Final Short Plat Submittal.
Approval of a preliminary short plat shall expire
unless the applicant submits a proposed final plat
in proper form for final approval within three (3)
years after preliminary approval. The Department
of Community Development shall not be
responsible for notifying the applicant of an
impending expiration.
14. Effect of an Approved Final ShoJi Plat - Valid
Land Use. Any lots, tracts or parcels in a final
short plat filed for record shall be a valid land use
notwithstanding any change in zoning for a
period of five (5) years from the date of filing. A
short subdivision shall be governed by the terms
of approval of the final short plat, and the
statutes ordinances and regulations in effect on
the dat~ of preliminary plat approval for a period
of five (5) years after final short plat approval
unless the Jefferson County Board of
7-10
Commissioners finds that a change in conditions
creates a serious threat to the public health or
safety of residents within or outside the short
subdivision.
15. Distribution of Copies and Filing of Final
Short Plat. The administrator shall distribute the
original and copies of the approved final short
plat as follows:
a. The original shall be returned to the
applicant to be forwarded to the county
auditor for filing;
b. Prior to the issuance of any building permits,
one (1) recorded reproducible copy shall be
transmitted to the Director of the Department
of Public Works;
c. One (1) recorded paper copy shall be
retained in the files of the Department of
Community Development; and
d. One (1) recorded paper copy shall be
provided to the building official for
assignment of addresses.
16. Transfer of ownership following short plat
approval. Whenever any parcel of land lying
within the county is divided under the provisions
of this Section 7.3 relating to short subdivisions,
no person, firm, or corporation shall sell or
transfer any such lot, tract or parcel without
having first received final approval of the short
plat and having recorded the final short plat with
the Jefferson County Auditor. It is the
responsibility of the applicant to ensure that a
final short plat is fully certified and filed for record
with the Jefferson County Auditor prior to
transferring ownership of any land.
17. Building and Occupancy Permits - Issuance
After Final Short Plat Approval.
a. No building permit for a structure other than
a temporary contractor's office or temporary
storage building shall be issued for a lot or
parcel within an approved short subdivisi?n
prior to a determination by the relevant Fire
District Chief or designee that adequate fire
protection and access for construction needs
exists.
b. No building permit for a structure other than
a temporary contractor's office or temporary
storage building shall be issued for a lot or
parcel within an approved short subdivision
until the applicant complies with the
improvement method report, all requirements
of the Department of Public Works certificate
of improvements, and all requirements of the
final plat approval.
c. No occupancy permit for a structure other
than a temporary contractor's office or other
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Unified Development Code
Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
approved temporary building shall be issued
for a structure on a lot or parcel within an
approved subdivision prior to final inspection
and approval of all required improvements
which will serve such lot or parcel to the
satisfaction of the Director of the Department
of Public Works and County Building Official.
18. Accumulative Short Plats. Accumulative short
plats are not permitted. The short subdivision
process may not be used to apply for a series of
short plats within two (2) years from any
application, thereby circumventing the long
subdivision procedures.
7.4 Long Subdivisions.
1. Scope. Long subdivisions, as processed under
this Section 7.4 shall include all divisions of land
into five (5) or more lots, and shall require
improvements so that any development will be in
compliance with this Code and any other codes
or ordinances which may apply.
2. Application Submittal and Contents. To be
considered complete, the application for a long
subdivision shall include the following
information:
a. The application for approval of a long
subdivision shall be submitted to the
Department of Community Development on
forms to be provided by the department
along with the appropriate fees established
by the Jefferson County Fee Ordinance;
b. A completed land use permit application
form, including all materials required
pursuant to Section 8 of this Code;
c. The area and dimensions of each proposed
lot, tract or parcel to accurately show that
each lot, tract or parcel contains sufficient
area to satisfy the minimum requirements of
Section 3 of this Code. The area of land
contained in access easements, access
panhandles or pipestem configurations shall
not be included in the area computations;
d. Five (5) paper copies of a preliminary plat
meeting the standards and requirements of
Sections 7.4.3 and 7.4.4 of this Section 7;
e. Where applicable, any Special Reports or
studies required under Section 3 of this
Code, prepared in accordance with the
requirements of Section 3.6.11 of this Code
f. A preliminary drainage plan prepared in a
manner consistent with the requirements of
Section 6 of this Code, including any soil test
information as may be deemed necessary by
the Director of the Department of Public
Works;
Unified Development Code
Section 7 . Land Divisions
3.
g. The estimated quantities of any fill to be
exported from the site and imported to the
site; and
h. Documentation of water availability and
adequacy for each parcel affected sufficient
to meet the requirements of Section 6.3 of
this UDC.
Preliminary Plat - Preparation. The preliminary
plat shall be prepared in accordance with the
following requirements:
a. The preliminary plat shall be prepared by a
Washington State licensed engineer or land
surveyor registered or licensed by the state
of Washington. The preparer shall certify on
the plat that it is a true and correct
representation of the lands actually
surveyed. The preparation of the plat shall
comply with the Survey Recording Act,
Chapter 58.09 RCW and Chapter 332-130
WAC as now adopted or hereafter amended.
Upon surveying the property, the surveyor
shall place temporary stakes on the property
to enable the county to locate and assess
features of the long plat in the field. The
datum to be used for all surveying and
mapping shall be as follows: The projection
name is the state plane; the projection
spheroid is GRS 1980; the coordinate
system is the Washington State Plane North
Zone; and the horizontal datum is NAD 83.
b. All geographic information portrayed by the
preliminary plat shall be accurate, legible
and drawn to a horizontal scale of fifty (50)
feet or fewer to the inch, except that the
location sketch and typical roadway cross-
sections may be drawn to any other
appropriate scale.
c. A preliminary plat shall be eighteen (18)
inches by twenty-four (24) inches in size,
allowing one-half (Y:z) inch borders, and if
more than one (1) sheet is needed, each
sheet shall be numbered consecutively and
an index sheet showing the entire property
and orienting the other sheets, at any
appropriate scale, shall be provided. In
addition to other map submittals, the
applicant shall submit one (1) copy of each
sheet reduced to eight and one-half (8Y:z
inches by eleven and one-half (11 Y:z) inches
in size. If more than one (1) sheet is
required, an index sheet showing the entire
subdivision with road and highway names
and block number (if any) shall be provided.
Each sheet, including the index sheet, shall
be of the above-specified size.
d. The area of each proposed lot or parcel
depicted on the long plat map shall
7-11
SECTION 7 . LAND DIVISIONS
accurately show that each lot, tract or parcel
contains sufficient area to satisfy minimum
zoning requirements. The area of land
contained in access easements, access
panhandles or pipestem configurations shall
not be included in the lot size computations.
4. Preliminary Plat - Contents.
a. A preliminary plat shall be submitted on one
(1) or more sheets and shall provide the
following information. All specifications for
public improvements shall conform to the
standards contained in Section 6 of this
Code, including any standards incorporated
therein:
(1) The name of the proposed subdivision
together with the words "Preliminary
Plat;"
(2) The name and address of the
applicant;
(3) The name, address, stamp and
signature of the professional engineer
or professional land surveyor who
prepared the preliminary plat;
(4) Numeric scale fifty (50) feet or fewer to
the inch), graphic scale, true north
point, and date of preparation;
(5) Identification of all land intended to be
cleared, and the location of the
proposed access to the site for
clearing and grading during site
development and construction; and
(6) A form for the endorsement of the
Administrator of the Department of
Community Development, as follows:
APPROVED BY JEFFERSON COUNTY
(2) The names of all adjoining property
owners, or names of adjoining
developers;
(3) All existing property lines lying within
the proposed subdivision, including lot
lines for lot of record which are to be
vacated, and all existing property lines
for any property lying adjacent to the
subject property which is under the
same ownership as the property to be
subdivided (as described in 7.4.3(c»
shall be shown in broken lines;
(4) The location, right-of-way widths,
pavement widths and names of all
existing or platted roads, whether
public or private, and other public ways
within 200 feet of the property to be
subdivided;
(5) The location, widths and purposes of
any existing easements lying within or
adjacent to the proposed subdivision;
(6) The location, size and invert elevation
of sanitary sewer lines and stormwater
management facilities lying within or
adjacent to the proposed subdivision
or those that will be connected to as
part of the proposed subdivision (if
applicable);
(7) The location and size of existing water
system facilities including all fire
hydrants lying within or adjacent to the
proposed subdivision or those which
will be connected to as part of the
proposed subdivision (if applicable);
(8) The location, size and description of
any other underground and overhead
facilities lying within or adjacent to the
proposed subdivision (if applicable);
(9) The location of any environmentally
sensitive areas as described in Section
3.6.4 of this Code, including all
floodplains, lying within or adjacent to
the proposed subdivision;
(10) The location of existing sections and
municipal corporation boundary lines
lying within or adjacent to the
proposed subdivision;
(11) The location of any well existing within
the proposed subdivision;
(12) The location of any individual or on-
site sewage disposal system existing
within the proposed subdivision;
(13) Existing contour lines at intervals of
five (5) feet labeled at intervals not to
exceed 20 feet;
Department of Community Date
Development Administrator
b. The preliminary plat shall contain a vicinity
sketch sufficient to define the location and
boundaries of the proposed subdivision with
respect to surrounding property, roads, and
other major constructed and natural features.
c. Except as otherwise specified in this Section
7, the preliminary plat shall contain the
following existing geographic features, drawn
lightly in relation to proposed geographic
features:
(1) The boundaries of the property to be
subdivided, and the boundaries of any
adjacent property under the same
ownership as the land to be
subdivided, to be indicated by bold
lines;
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Unified Development Code
Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
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(14) The locatiòn of any existing structures
lying within the proposed subdivision;
existing structures to be removed shall
be indicated by broken lines, and
existing structures not to be removed
shall be indicated by solid lines.
d. The preliminary plat shall show the following
proposed geographic features:
(1) The boundaries in bold solid lines of all
proposed lots, the area and
dimensions of each proposed lot, and
the proposed identifying number or
letter to be assigned to each lot andlor
block;
(2) The right-of-way location and width,
the proposed name of each road,
street, alley, or other public way to be
created and the estimated tentative
grades of such streets; where
roadways may exceed the maximum
allowable grade or alignment, the
Director of the Department of Public
Works may require sufficient data,
including centerline profiles and cross-
sections if necessary, to determine the
feasibility of said roadway;
(3) The location, width and purpose of
each easement created;
(4). The boundaries, dimensions and area
of public and common park and open
space areas;
(5) Identification of all areas proposed to
be dedicated for public use, together
with the purpose and any condition of
dedication;
(6) Proposed final contour lines at
intervals of five (5) feet; final contour
lines shall be indicated by solid lines;
contour lines shall be labeled in
intervals not to exceed twenty (20)
feet;
(7) The building envelopes, as defined in
Section 2.3 shall be indicated for each
lot;
(8) Proposed monumentation;
(9) Proposed location and description of
all individual or community wells, or
water system improvements, including
all proposed fire hydrants (if
applicable);
(10) Proposed location and description of
all sewage disposal improvements,
including (if applicable) profiles, and, if
needed, all pump stations and their
connections to the existing system;
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Unified Development Code
Section 7 . Land Divisions
(11) Proposed location and description of
all stormwater management system
improvements;
(12) Proposed road cross-sections,
showing proposed bicycle and
pedestrian pathways, trails and
sidewalks (if applicable);
(13) Proposed type and location of road
lighting (if applicable);
(14) Proposed type and location of
landscaping (if applicable);
(15) Proposed location and description of
transit stops and shelters (if
applicable);
(16) Proposed covenants, conditions and
restrictions (CC&Rs) on development
(if applicable);
e. Upon review of an application, the
administrator may require additional
pertinent information as needed to satisfy
any other regulatory requirements. The
administrator may also waive specific
submittal requirements determined to be
unnecessary for review of an application. In
such event, the administrator shall document
the waiver in the project file or log.
5. Approval Criteria. In addition to the review
criteria provided Section 8 of this Code, the
following criteria are the minimum measures by
which each proposed subdivision will be
considered:
a. Long subdivisions shall be given preliminary
approval, including preliminary approval
subject to conditions, upon finding by the
county that all of the following have been
satisfied:
(1) The proposed subdivision conforms to
all applicable county, state and federal
zoning, land use, environmental and
health regulations and plans, including
but not limited to the following:
i. The Jefferson County
Comprehensive Plan; and
The provisions of this Code,
including any incorporated
- standards;
(2) Utilities and other public services
necessary to serve the needs of the
proposed subdivision shall be made
available, including open spaces,
drainage ways, roads, streets, other
public ways, potable water, transit
facilities, sewage disposal, parks,
playgrounds, schools, sidewalks and
other improvements that assure safe
ii.
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SECTION 7 . LAND DIVISIONS
walking conditions for students who
walk to and from school;
(3) The probable significant adverse
environmental impacts of the proposed
subdivision, together with any practical
means of mitigating adverse impacts,
have been considered such that the
proposal will not have an unacceptable
adverse effect upon the quality of the
environment, in accordance with the
State Environmental Policy Act (SEPA)
implementing provisions contained
within Section 8 of this Code and
Chapter43.21C RCW;
(4) Approving the proposed subdivision
wiIJ serve the public use and interest
and adequate provision has been
made for the public health, safety, and
general welfare.
b. Notwithstanding approval criteria set forth in
subsection 7.4.5(a), in accordance with
RCW 58.17.120, as now adopted and
hereafter amended, a proposed subdivision
may be denied because of flood, inundation
or swamp conditions. Where any portion of
the proposed subdivision lies within both a
flood control zone, as specified by Chapter
86.16 RCW, and either the one hundred
(100) year floodplain or the regulatory
floodway, the county shall not approve the
preliminary plat unless:
(1) 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 hundred (100) year
floodplain; and
(2) It imposes a condition requiring the
applicant to comply with Section 3.6.6
of this Code and any written
recommendations of the Washington
State Department of Ecology. In such
cases, the county shall issue no
development permit associated with
the proposed short subdivision until
flood control problems have been
resolved.
6. Preliminary Long Plat Review Process.
a. An application for a full subdivision shall be
processed according to the procedures for
Type III land use decisions established in
Section 8 of this Code.
b. The administrator shall solicit comments
from the Director of the Department of Public
Works, the chief of the fire district in which
the proposal is located, local u1tility providers,
7-14
7.
sheriff, building official, school district in
which the proposal is located, adjacent
jurisdictions if the proposal is located within
one (1) mile of a city or other jurisdiction,
Washington State Department of Trans-
portation, if the proposal is adjacent to a
state highway, and any other state, local or
federal officials as may be necessary.
c. Based on comments from county
departments, applicable agencies and other
information, the administrator shall review
the proposal subject to the criteria contained
in Section 7.4.5 of this Section. A proposed
long subdivision shall only be approved
when consistent with all the provisions of
7.4.5 of this Section 7.
d. An applicant for a long subdivision may
request that certain requirements
established or referenced by this Section be
modified. Such requests shall be processed
according to the procedures for variances in
Section 8 of this Code, and shall satisfy the
criteria contained in Section 8.4, Variances.
Preliminary Plat Approval Phased
Development. Where subdivision development
is proposed in distinct phases, preliminary plat
approval must be granted for the entire
subdivision. The plat map must delineate the
separate divisions or phases that are to be
developed in increments. The preliminary
approval is conditional upon completion of the
proposed phases in a particular sequence and
may specify a completion date for each phase.
Final plat approval is granted for each separate
phase of the preliminary plat. Any changes in the
development after preliminary approval will
require approval in accordance with Section 7.4.6
of this Section 7.
Modifications to an Approved Preliminary
Plat.
a. Minor modifications to a previously approved
preliminary long plat, may be requested by
the applicant and approved by the
administrator subject to the provisions for
Type I decisions in Section 8 of this Code,
provided that the modification does involve
any of the following:
(1) The location or relocation of a road or
street;
(2) The creation of an additional lot, tract
or parcel;
(3) The creation of a lot, tract or parcel
that does not qualify as a buildable lot
pursuant to this Code;
8.
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(4) The relocation of an entire lot, tract or
parcel from one (1) parent parcel into
another parent parcel;
b. Before approving such an amendment, the
administrator shall make written findings and
conclusions documenting. the following
conditions:
(1) The modification will not be
inconsistent or cause the long
subdivision to be inconsistent with the
decision of the county preliminarily
approving the application;
(2) The modification will not violate the
intent of the original conditions of
application approval; and
(3) The modification will not cause the
long subdivision to violate any
applicable county policy or regulation.
c. Modifications that involve the circumstances
described in 7.4.8(a), above, or exceed the
criteria set forth in Section 7.4.8(b), above,
shall be processed as a new preliminary long
plat application.
9. Improvement Method Report. Following
preliminary plat approval and approval of all
plans prior to submission of a final plat for the
administrator's approval, the applicant shall
submit to the administrator, three (3) copies of a
report describing the method by which the
applicant proposed to carry out the minimum
improvements required and the time period within
which such improvements will be completed. The
applicant shall submit all design and construction
drawings required in conformance with Section 6
of this Code and any incorporated standards.
This improvement method report shall be signed
by the applicant and be accompanied by any
applicable proposed perfòrmance guarantees.
The administrator shall transmit two (2) copies of
the improvement method report with all drawings
and other submittals to the Director of the
Department of Public Works. Improvements may
be made or guaranteed by either of the following
methods, subject to the discretion and approval
of the administrator:
a. By actual installation and approval of all
improvements in accordance with the
preliminary plat, the development standards
contained in Section 6 of this Code and any
incorporated standards, and approved
construction drawings;
b. By the formation of a local government
district consistent with the provisions of
applicable requirements of the county and
state and by requiring the imposition of
covenants as a condition of final plat
Unified Development Code
Section 7 . Land Divisions
approval requiring that purchasers of any
lots waive any protest to the formation and
implementation òf a local improvement
district;
c. By actually installing the minimum
improvements as provided by the local
improvement district laws of the state and
the county, and in accordance with county
standards and specifications and under the
supervision of the Director of the Department
of Public Works;
d. By furnishing to the county a plat or
subdivision bond or cash deposit in escrow
for the full cost of the improvements, or other
security satisfactory to the administrator, in
which assurance is given the county that the
installation of the minimum improvements
will be carried out as provided by plans
submitted and approved and in accordance
with the development standards contained in
Section 6 of this Code and any incorporated
standards, and under the supervision of the
Director of the Department of Public Works.
The amount of the performance bond or
other security shall be 120 percent of the
estimated cost for the county to contract for
construction of the improvements as
determined by the Director of the
Department of Public Works. If the phased
installation of improvements is proposed, the
improvement method report shall describe
the proposed phasing, the timing for
construction, and proposed methods of
guaranteeing and assuring the county that
adequate installation of improvements will
occur in conformance with the phasing
schedule; or
e. By a combination of these methods.
10. Director of Public Works Certificate of
Improvements.
a. No permit for the construction of
improvements within an approved
subdivision shall be issued by the county
until the improvement method report, all
construction drawings, proposed
performance guarantees, and other
submittals in conformance with Section 6 of
this Code and any incorporated standards
have been received and approved by the
Director of the Department of Public Works.
All construction of improvements shall be
inspected and approved in conformance with
development standards contained in Section
6 of this Code and any incorporated
standards. After completion of all required
improvements or the guarantee of the
construction of all required improvements,
7-15
SECTION 7 . LAND DIVISIONS
the Director of the Department of Public
Works shall submit a certificate in triplicate to
the administrator stating the required
improvements or guarantees are in
accordance with the provisions of this
Section, the preliminary plat, including the
county's decision approving the plat, and in
accordance with the development standards
contained in Section 6 of this Code and any
incorporated standards. The administrator
shall submit one (1) copy of the certification
to the subdivider, together with a notice
advising the subdivider to prepare a final plat
for the proposed subdivision. One (1) copy of
the certificate shall be retained by the
administrator.
11. Preparation of a Final Long Plat. The final long
plat shall be prepared in accordance with the
following requirements:
a. The final plat shall be prepared by a land
surveyor licensed by the state of Washington
or a Washington state licensed engineer.
b. Six (6) paper copies of the final long plat
shall be submitted, measuring eighteen (18)
inches by twenty-four (24) inches in size,
allowing one-half (%) inch for border.
c. A final long plat shall contain the following
information:
(1) The name of the subdivision;
(2) Legal description of the property being
subdivided;
(3) Numeric scale, graphic scale, true
north point and date of preparation of
the final plat;
(4) The lot line of the plat, referenced to
county (USC&GS) datum and based
on an accurate traverse, with angular
and linear dimensions and bearings;
(5) The exact location, width and name of
all roads, streets, alleys and other
public ways within and adjacent to the
subdivision;
(6) The exact location, width and purpose
of all easements and dedications for
rights-of-way provided Ior public and
private services and utilities;
(7) True courses and distances to the
nearest established road lines, or
sections or quarter section corner
monuments which shall accurately
locate the subdivision;
(8) Section lines accurately tied to the
lines of the plat by distances and
courses;
(9) All lot and block numbers (if
applicable) and lines, with accurate
dimensions in feet and hundredths of
feet;
(10) All house address numbers as
assigned by the county;
(11) Delineation of the building envelope of
each lot;
(12) The radii, internal angles, points of
curvature, tangent bearings and
lengths of arc;
(13) The accurate location of each
permanent control monument;
(14) All plat meander lines or reference
lines along bodies of water shall be
established as above, but not farther
than twenty (20) feet from the high
water line of such body;
(15) Accurate outlines and legal
descriptions of any areas to be
dedicated or reserved for public use,
with the purpose of such dedication or
reservation and any limitations
indicated thereon and in dedication;
(16) Accurate outlines of any area to be
reserved by the deed covenant for
common use of owners of property
within the subdivision, together with
the purposes of such reservation;
(17) Any restrictions or conditions on the
lots or tracts within the subdivision, as
required by the county or at the
discretion of the property owner,
including but not limited to
environmentally sensitive areas
buffers;
(18) The auditor's file number of all
documents and conveyances recorded
with the Jefferson County Auditor
associated with preliminary or final plat
approval;
(19) The name and seal of the Washington
State licensed land surveyor or
Washington State licensed engineer
responsible preparation of the final
plat, and a signed certification on the.
plat by said surveyor to the effect that
it is a true and correct representation
of the land actually surveyed by him or
her, that the existing monuments
shown thereon exist as located and
that all dimensional and geodetic
details are correct;
(20) A signed, notarized certification stating
that the subdivision has been made
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Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
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with the free consent and in
accordance with the desires of the all
persons with ownership and/or security
interests in the property. If the plat
includes a dedication, the certificate or
a separate written instrument shall
contain the dedication of all roads and
other areas to the public, any
individual or individuals, or to any
corporation, public or private, as
shown on the plat. Such certificate or
instrument shall be signed and
acknowledged before a notary public
by all parties having àny interest in the
land subdivided. The owner shall
waive all claims against the county, on
behalf of the owner and the owner's
successors and assigns, which may be
occasioned by the establishment
and/or construction of any roads,
streets, storm drainage improvements
or other improvèments;
(21) An offer of dedication may include a
waiver of right of direct access to any
road from any property. Such waiver
may be required by the Director of the
Department of Public Works as a
condition of approval. Any dedication,
donation or grant as shown on the face
of the plat shall be considered as a
quit claim deed to the said donee or
grantee for use for the purpose
intended by the donation or grant;
(22) Signature blocks for the appropriate
certification of the county auditor,
Director of the Department of Public
Works, and DCD administrator, as
follows:
AUDITOR'S CERTIFICATE
I hereby certify that there are no
delinquent special assessments for
which the property subject to this
subdivision may be liable to the
county, and that all special
assessments on any property herein
contained dedicated as roads, streets,
or for any other public use, have been
duly paid, satisfied or discharged, this
_day of ,2O_.
improvements issued pursuant to the
Jefferson County Unified Development
Code and is consistent with all
applicable county improvement
standards and requirements in force
on the date of preliminary plat
approval, this day of
,2O_.
Director, Jefferson County Department
of Public Works
DEPARTMENT OF COMMUNITY
DEVELOPMENT ADMINISTRATOR'S
CERTIFICATE
I hereby certify that on this - day
of , 2O_, that this
final plat is in substantial conformance
with the preliminary plat and any
conditions attached thereto, which
preliminary plat was approved by
Jefferson County on the - day of
,2O_,
Administrator, Jefferson County
Community Development Department
(23) A form of the approval of the County
assessor, as follows:
ASSESSOR'S APPROVAL
Examined and approved this
day of , 2O_.
Jefferson County Assessor
Attest:
Deputy Jefferson County Assessor
(24) A form for the certificate of the
Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of
Jefferson County this - day of
, 20 -' at
minutes past _M.,
and recorded in Volume of
Plats, page Records of
Jefferson County, Washington. '
Jefferson County Recording Number
,.....
Jefferson County Auditor
DIRECTOR OF PUBLIC WORKS
CERTIFICATE
I hereby certify to the best of my
knowledge that this final plat is in
compliance with the certificate of
Manager
Superintendent of Records
Unified Development Code
Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
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(25) Any additional pertinent information as
required at the discretion of the
Director of the Department of Public
Works or the DCD administrator.
d. All signatures or certifications appearing on a
final plat shall in be reproducible black ink.
12. Accompanying Documents - Final Long Plat.
a. In cases where any deed covenants or
restrictions, including any CC&Rs, will apply
to lots or parcels within a subdivision, a type-
written copy of such covenants bearing all
necessary signatures shall be submitted
along with the final plat.
b. The final plat shall be accompanied by a
complete survey of the section or sections in
which the plat or replat is located, or as
much thereof as may be necessary to
properly orient the plat within such section or
sections. The plat and section survey shall
be submitted with complete field and
computation notes, showing the original or
re-established corners, with the description
of the same, and the actual traverse showing
error or closure and method of balancing. A
sketch showing all distances, angles and
calculations required to determine corners
and distances of the plat shall accompany
this data. The allowable error of closure shall
not exceed one (1) foot in 10,000 feet.
c. The final plat shall be accompanied by a
current (within 30 days) title company
certification of:
(1) The legal description of the total parcel
sought to be subdivided;
(2) Those individuals or corporations
holding an ownership interest and any
security interest (such as deed of trust
or mortgages) or any other
encumbrances affecting the title of
said parcel. Such individuals or
corporations shall sign and approve
the final plat prior to final approval;
(3) Any lands to be dedicated shall be
confirmed as being owned in fee title
by the owner(s) signing the dedication
certificate;
(4) Any easements or restrictions affecting
the property to be subdivided with a
description of purpose and referenced
by the auditor's file number and/or
recording number; and
(5) If lands are to be dedicated or
conveyed to the county as part of the
subdivision. an American Land Title
Association (A.L.T.A.) title policy may
7-18
be required by the Director of the
Department of Public Works.
d. The applicant shall provide the Director of
the Department of Public Works with a
computer disk containing a complete set of
the final plat maps and as-built drawings on
CAD[)@ or other GIS-compatible software as
acceptable to the Director of the Department
of Public Works.
e. All documents submitted under this Section
7.4.12 shall contain the name of the
subdivision and the name and address of the
subdivider.
f. All maintenance, performance and
guarantee bonds or other guarantees as
may be required by the Director of the
Department of Public Works and the
improvement method report to guarantee the
acceptability and/or performance of all
improvements. For all improvements
constructed after final plat approval,
reproducible as-built drawing and CAD[)@
files shall be submitted within fifteen (15)
days of completion of construction.
13. Final Long Plat Application.
a. Applications for final long plat approval shall
be made on forms provided by the
department along with the fee established in
the Jefferson County Fee Ordinance. .
b. Applications for final plat approval shall be
processed according to the procedures for
Type IV land use decisions established in
Section 8 of this Code, and shall be
approved, disapproved, or returned to the
applicant within thirty (30) days of their filing,
unless the applicant consents to an
extension of time in writing.
c. Applications for final plat approval shall be
submitted within five (5) years of the date of
the preliminary plat approval.
d. The final plat map shall be prepared in
accordance with this Section 7.4.4 and
Section 7.4.6 of this Section.
e. Prior to final approval, with the exception of
the recording certificate, the applicant shall
obtain all signatures and certifications on the.
face of the plat in accordance with Section
7.4.11 of this Section 7.
14. Time Limitation on Final Long Plat Submittal.
The original and three (3) copies of a final long
plat meeting all requirements of Chapter 58.17
RCW shall be transmitted by the administrator to
the Board of County Commissioners within five
(5) years of the date of the preliminary long plat
approval. No extensions shall be granted. A plat
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Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
granted preliminary approval but filed for final
long plat approval following the applicable time
period shall be null and void. The Department of
Community Development shall not be
responsible for notifying the applicant of an
impending preliminary long plat expiration.
15. Effect of an Approved Final Long Plat - Valid
Land Use. Any lots in a final long plat filed for
record shall be a valid land use notwithstanding
any change in zoning laws for a period of five (5)
years from the date of filing. A long subdivision
shall be governed by the terms of approval of the
final long plat, and the statutes, ordinances and
regulations in effect on the date of preliminary
long plat approval for a period of five (5) years
after final long plat approval unless the Board of
County Commissioners finds that a change in
conditions creates a serious threat to the public
health or safety of residents within or outside the
subdivision. .
16. Distribution of Copies and Filing of Final Long
Plat. The administrator shall distribute the
original and copies of the approved final long plat
as follows:
a. The original shall be returned to the
applicant and forwarded to the county
auditor for filing;
b. Prior to the issuance of any building permits,
one (1) recorded reproducible copy shall be
transmitted to the Director of the Department
of Public Works;
c. One (1) recorded paper copy shall be
retained in the files of the Department of
Community Development; and
d. One (1) recorded paper copy shall be.
provided to the building official for
assignment of addresses.
17. Transfer of OwnershIp Following Final Long
Plat Approval. Whenever any parcel of land
lying within the county is divided under the
provisions of this Section 7.4 relating to long
subdivisions, no person, firm, or corporation shall
sell or transfer or advertise for sale or transfer,
any such lot, tract or parcel without having first
received final approval of the long plat and
having recorded the final long plat with the
Jefferson County Auditor. It is the responsibility of
the applicant to ensure that a final long plat is
fully certified and filed for record with the
Jefferson County Auditor prior to transferring
ownership of any land.
18. Building and Occupancy Permits - Issuance
After Final Long Plat Approval.
a. No building permit for a structure other than
a temporary contractor's office or temporary
storage building shall be issued for a lot or
Unified Development Code
Section 7 . Land Divisions
7.5
1.
parcel within an approved long subdivision
prior to a determination by the relevant Fi~e
District Chief or designee that adequate fire
protection and access for construction needs
exists.
b. No building permit for a structure other than
a temporary contractor's office or temporary
storage building shall be issued for a lot or
parcel within an approved long subdivision
until the applicant complies with the
improvement method report, all requirements
of the Department of Public Works certificate
of improvements, and all requirements of the
final plat approval.
c. No occupancy permit for a structure other
than a temporary contractor's office or other
approved temporary building shall be issued
for a structure on a lot or parcel within an
approved long subdivision prior to final
inspection and approval of all required
improvements which will serve such lot or
parcel to the satisfaction of the Director of
the Department of Public Works and County
Building Official.
Binding Site Plans.
Purpose. The purpose of this section 7.5 is to
clearly delineate the criteria used by the county to
review and approve binding site plans. A binding
site plan is intended to provide an alternative
means of dividing land. The binding site plan
process provides a means for certain types of
land division applications to be processed
administratively based upon the development
standards and regulations contained within this
Code and any other applicable ordinances and
regulations. Binding site plans tie a future
development to an approved set of conditions
and site layout.
Scope. This Section 7.5 shall only apply to one
or more of the following:
a. The use of a binding site plan to divisions of
land for sale or lease of mixed use,
commercial or industrial zoned property
where the applicant proposes a unified
scheme of development;
b. Divisions of property for residential,
commercial or industrial condominium
development as provided for in Section
7.5.3, below; and
c. Planned rural residential developments
(PRRDs) proposed under Section 3.6.13
where full short or long subdivision of the
land into separate, legally segregated lots,
tracts or parcels is not required.
2.
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SECTION 7 . LAND DIVISIONS
3. Condominiums. For the purpose of approval of
condominium developments, the provisions of
this Section 7 regarding short subdivision and
long subdivision shall not apply if:
a. A land division is proposed as a
condominium and does not result in the
subdivision of land into separately owned
lots in accordance with the definition for
short or long subdivisions, but subjects a
portion of a lot, tract or parcel to Chapter
64.34 RCW (the "Condominium Act")
subsequent to the recording of a binding site
plan for all such land;
b. The improvements constructed or to be
constructed thereon are required by the
provisions of the binding site plan proposed
for a condominium project;
c. Jefferson County has approved a binding
site plan for all such land; and
d. The binding site plan contains the following
statement:
"All development and use of the land
described herein shall be in accordance with
this binding site plan, as it may be amended
with the approval of Jefferson County, and in
accordance with such other government
permits, approvals, regulations, require-
ments, and restrictions that may be imposed
upon such land and the development and
use thereof. Upon completion, the
improvements on the land shall be included
in one (1) or more condominiums or owned
by an association or other legal entity in
which the owners' associations have a
membership or other legal or beneficial
interest. This binding site plan shall be
binding upon all persons, businesses,
corporations, partnerships or other entities
now or hereafter having any interest in the
land described herein."
4. Application Submittal and Contents. To be
considered complete, applications for binding site
plan approval shall include the following
information:
a. Applications for binding site plans shall be
made on forms provided by the Jefferson
County Department of Community
Development and shall be submitted to the
Department of Community Development,
along with the appropriate fees established
under the Jefferson County Fee Ordinance;
b. A completed land use permit application
form, including all materials required
pursuant to Section 8 of this Code;
c. Mixed Use, Commercial ¡:md Industrial
Binding Site Plans. In addition to materials
7-20
d.
required pursuant to Sections 7.5.4(a) and
(b), above, a binding site plan application for
mixed use, commercial or industrial
proposals shall contain the same elements
and information as a preliminary long plat, in
accordance with Sections 7.4.2, 7.4.3 and
7.4.4 of this Section 7;
Binding Site Plan for Residential
Condominiums. In addition the materials
required pursuant to Sections 7.4.3(a) and
7.4.3(b), above, a binding site plan for
residential condominiums shall conform to
the requirements of Chapter 64.34 RCW, the
"Condominium Act." The applicant shall
submit a sworn declaration from a registered
land surveyor licensed in the state of
Washington that all requirements of RCW
64.34.232, as now adopted and hereafter
amended, have been satisfied. The county
shall not be responsible for verification that
the proposal complies with Chapter 64.34
RCW, but may rely upon the representation
of the licensed surveyor. The applicant shall
submit five (5) copies of the binding site plan
map for review. The site plan shall have
dimensions of eighteen (18) inches by
twenty-four (24) . inches and must be
prepared by a registered surveyor licensed
in the state of Washington. In addition to the
requirements of Chapter 64.34 RCW, the
binding site plan map must include the
following information:
(1) The name of the condominium project;
(2) Legal description of the entire parcel;
(3) The date, scale, and north arrow;
(4) Boundary lines, rights-of-way for
roads, streets, easements, and
property lines of lots, the location of all
open spaces, utilities, and other
improvements with accurate bearings,
dimensions of angles and arcs, and of
all curve data describing the location of
all improvements;
(5) Names and right-of-way widths of all
roads or streets within the parcel and
immediately adjacent to the parcel.
Street names shall be consistent with
the names of existing adjacent streets;
(6) Number of each lot and each block or
division;
(7) Location, dimensions and purpose of
any easements, noting if the
easements are public or private;
(8) Location and description of
monuments, boundary corners set,
and all lot corners set and found;
Unified Development Code
Section 7 . Land Divisions
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SECTION 7 . LAND DIVISIONS
5.
(9) Datum elevations and primary control
points approved by the Department of
Public Works. Descriptions and. ties to
all control points will be shown with
dimensions, angles, and bearings;
(10) A dedicatory statement acknowledging
public and private dedications and
grants;
(11) The statement required by 7.5.3(d)
must be on the face of the final binding
site plan; and
(12) Other restrictions, conditions, and
requirements as deemed necessary by
the county, including all applicable
development standards contained in
Section 6 of this Code and any
standards incorporated therein.
Binding Site Plan Approval Criteria.
a. Binding site plans shall be approved upon
showing that all of the following have been
satisfied:
(1) The proposed binding site plan
conforms to all applicable county, state
and federal zoning, land use,
environmental and health regulations
and plans, including, but not limited to
the following:
i. The Jefferson County
Comprehensive Plan; and
The provisions of this Code,
including any incorporated
standards.
(2) Utilities and other public services
necessary to serve the needs of the
proposed binding site plan shall be
made available, including open
spaces, drainage ways, roads, streets
and other public ways, potable water,
transit facilities, sewage disposal,
parks, playgrounds, schools, sidewalks
and other improvements to assure
safe walking conditions for students
who walk to and from school;
(3) The probable .significant adverse
environmental impacts of the proposed
binding site plan, together with any
practical means of mitigating adverse
impacts, have been considered such
that the proposal will not have an
unacceptable adverse effect upon the
quality of the environment, in
accordance with the State
Environmental Policy Act (SEPA)
implementing provisions contained
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Unified Development Code
Section 7 . Land Divisions
within Section 8 of this Code and
Chapter 43.21 C RCW;
(4) Approving the proposed binding site
plan will serve the public use and
interest and adequate provision has
been made for the public health, safety
and general welfare.
b. Notwithstanding the approval criteria set
forth in Section 7.5.5(a), above, a proposed
binding site plan may be denied because of
flood, inundation or swamp conditions.
Where any portion of the proposed binding
site plan lies within both a flood control zone,
as specified by Chapter 86.16 RCW, and
either the one hundred (100) year floodplain
or the regulatory floodway, the county shall
not approve the binding site plan unless:
(1) The applicant has demonstrated to the
satisfaction of the administrator that no
feasible alternative exists to locating
lots and building envelopes within the
one hundred (100) year floodplain; and
(2) It imposes a condition requiring the
applicant to comply with Section 3.6.6
of this Code and any written
recommendations of the Washington
State Department of Ecology. In such
cases, the county shall issue no
development permit associated with
the proposed binding site plan until
flood control problems have been
resolved.
6. Binding Site Plan Review Process.
a. An application for a binding site plan
approval shall be processed according to the
procedures for Type III land use decisions
established in Section 8 of this Code.
b. The Administrator shall solicit comments
from the Director of the Department of Public
Works, the chief of the fire district in which
the proposal is located, local utility providers,
sheriff, building official, school district in
which the proposal is located, adjacent
jurisdictions if the proposal is within one (1)
mile of a city or other jurisdiction,
Washington State Department of
Transportation if the proposal is adjacent to
a state highway, and any other local, state or
federal officials as may be necessary.
c. Based upon comments from county
departments and applicable agencies, and
other information, the administrator shall
review the. proposal subject to the criteria of
Section 7.5.5 of this Section 7. A proposed
binding site plan shall only be approved
when consistent with all the provisions of
7-21
SECTION 7 . LAND DIVISIONS
-..../
7.
Section 7.5.5. Binding site plan approval
may be based upon certain delineated
conditions. The county shall make written
finding and conclusions documenting
compliance with all approval criteria. A
binding site plan shall be granted preliminary
approval only, until all improvements are
installed or the county has received
adequate guarantees or assurances of future
installation of improvements.
d. Upon satisfying all conditions of approval, if
any, and satisfying all requirements of
Section 6 of this Code and any incorporated
standards for the installation of all
improvements, the administrator shall
administratively approve the final binding site
plan for filing with the Jefferson County
Assessor. The final binding site plan shall
conform to the requirements of Sections
7.4.11 and 7.4.12, as applicable.
e. For all condominium projects, prior to final
approval, the applicant shall obtain the
written approval from the Jefferson County
Assessor of the condominium CC&Rs.
Binding Site Plan Development Standards.
Binding site plans shall conform to the
development standards contained in Section 7.6,
below.
Modifications and Vacations. Binding site plans
may be modified or vacated subject to the
following:
a. Binding site plans may be modified only if
the modification is minor in nature and the
original intent of the recorded binding site
plan is not changed and if the modification
does not adversely impact public health and
safety, the environment, or the delivery of
services to the site. The proposed
modification must be clearly shown and be
accompanied by a letter of explanation.
Upon administrative approval of such
modification, the modifications shall become
part of the binding site plan. If the proposed
modification constitutes a substantial
modification, the proposal shall be
processed as a new binding site plan
application.
b. Prior to issuance of any building permit or
other site development permits, including but
not limited to clearing and grading permits, a
binding site plan may be vacated as a whole
only. Vacating a binding site plan releases all
conditions and obligations on the parcel
associated with such plan. A binding site
plan may be vacated with the submission to
DCD of a letter of intent to vacate the binding
site plan. The letter shall bE~come binding
8.
7-22
upon its acceptance by the administrator. If
the binding site plan has been recorded with
the Jefferson County Auditor, notice of the
vacation shall be recorded on forms
acceptable to the Jefferson County Auditor.
c. After issuance of any building or other site
development permits, including but not
limited to clearing and grading permits, the
process for vacation of all or part of a binding
site plan is identical to the process for initial
binding site plan approval.
9. Distribution of Copies and Filing.
a. Upon approval, a binding site plan shall
follow the procedures of Section 7.4.16 of
this Section 7.
b. After approval of the general binding site
plan for commercial or industrial divisions,
the approval for improvements and
finalization of specific individual commercial
and industrial lots shall be done by
administrative approval.
10. Time Limit. The applicant or owner of the
property subject to a binding site plan shall obtain
all permits for the development of a site within
five (5) years of its recording under Section 7.5.9,
above. If the applicant fails to obtain all permits
within five (5) years, no site development permits
shall be issued until the applicant files a new
application and obtains binding site plan approval
in accordance with this Section 7.5.
11. Extinguishment of Binding Site Plans with
Preliminary Approval Prior to UDC Adoption.
The applicant or owner of a property subject to a
binding site plan having preliminary approval
prior to the initial adoption date of this Unified
Development Code (UDC) shall obtain final
approval of the binding site plan within two (2)
years of the initial adoption of this Code. If the
applicant fails to obtain final binding site plan
approval within two (2) years, no site
development permits shall be issued until the
applicant files a new application and obtains
binding site plan approval in accordance with this
Section 7.5.
12. Effect of Final Binding Site Plan Approval.
a. All provisions, conditions, and requirements
of the binding site plan shall be legally
enforceable on the purchaser of any other
person acquiring a lease or other legal or
property interest of any lot, tract, or parcel
created pursuant to the binding site plan.
b. Any sale, transfer, or lease of any lot, tract or
parcel created pursuant to the binding site
plan, that does not conform to the
requirements of the binding site plan, or
-.-/
.J
Unified Development Code
Section 7 . Land Divisions
,....
SECTION 7 . LAND DIVISIONS
,....
without binding site plan approval, shall be
considered a violation of this Section 7.5.
7.6 Subdivision Development Standards.
1. Requirements for Improvements. All
improvements shall be designed and constructed
in conformance with the development standards
contained in this Section 7.6, as well as Section 6
of this Code and any standards incorporated
therein. Prior to construction of any
improvements, as approved upon the preliminary
plat or binding site plan, the subdivider shall
furnish construction plans. These plans must be
prepared, signed, dated and stamped by a
Washington State licensed civil engineer and
shall be in accordance with the standards
contained in Section 6 of this Code. The
construction plans must be reviewed and
approved by the county prior to construction.
2. Transportation and Drainage Standards.
a. Transportation Standards - Generally. All
divisions of land covered by this Section 7
shall be served by appropriate transportation
facilities, including roads and facilities for
transit, pedestrians, and bicycles.
Transportation facilities shall be adequate
both the serve the division of land and to
avoid adverse effects to the existing
transportation system. If transportation
facilities are inadequate, the applicant shall
be required to make provision for all
necessary improvements. Transportation
facilities shall be deemed adequate if
necessary improvements are planned and
designated funding is secured in the Six
Year Transportation Improvement Program.
b. Road and Drainage Design and
Construction Standards.
(1) All roads serving two (2) or more lots
shall comply with the road design and
construction standards specified ,in
Sections 6.8.1, 6.8.2 and 6.8.3 of this
Code;
(2) A drainage analysis shall be performed
in conformance with Section 6.7,
above, and drainage systems shall be
designed to the standards set forth in
Section 6.6.2 and 6.7 of this Code.
3. Responsibility for Road Improvements. Where
reasonably necessary to mitigate the direct
impacts of the proposed division of land and/or to
meet safety requirements, off-site road
improvements may be required as a condition of
approval under this Section. When required, the
applicant shall bear the sole responsibility to
make such off-site road improvements.
-
Unified Development Code
Section 7 . Land Divisions
4. Health Standards. The following health
standards apply to all divisions of land governed
by this Section:
a. Water. All divisions of land shall comply with
the requirements established by the
Jefferson County Department of Health for
the provision of water;
b. Wastewater disposal. All divisions of land
shall comply with the requirements
established by the Jefferson County
Department of Health for wastewater
disposal; and
c. Storm drainage. Stormwater flows from land
divisions shall not adversely affect critical
aquifer recharge areas. All divisions of land
shall meet the regulations for critical aquifer
recharge areas contained in Section 3.6.5 of
this Code.
5. Fire and Utility Standards. All divisions of land
governed by this Section shall meet the fire
protection and improvement standards adopted
by Jefferson County.
6. Plan Review, Inspection and Fees. The
Department of Community Development and
Department of Public Works are responsible for
reviewing all engineering drawings and for the
supervision, inspection and acceptance of all
subdivision improvements, and shall charge the
subdivider the applicable fees as set forth in the
Jefferson County Fee Ordinance.
7. Release of Improvement Guarantee. If an
improvement bond or other guarantee has been
submitted, such guarantee shall be released in
accordance with the development standards
contained in Section 6 of this Code.
8. Floods and Flood Control. The county may
disapprove a proposed subdivision because of
flood, inundation or regulated wetlands if the
county finds that such condition poses a threat to
the public health, safety or general welfare.
Where any portion of the proposed subdivision
lies within both a flood control zone, as specified
by Chapter 86.16 RCW, and either the one
hundred (100) year floodplain or the regulatory
floodway, the county shall impose a condition on
the preliminary plat requiring the subdivider to
conform to the Federal Emergency Management
Agency (FEMA) flood hazard requirements. In
such cases, no development permit associated
with the proposed subdivision shall be issued by
the county until said FEMA requirements have
been met. Where feasible, the county may
require that all lots and/or building envelopes be
located outside the one hundred (100) year
floodplain. The county may also require
dedication of land to any public body and/or the
7-23
SECTION 7 . LAND DIVISIONS
-...-/
construction of improvements and may impose
other conditions necessary to protect against
flooding or inundation.
9. Additional Requirements. The standards or
requirements established in this Section 7 and
Section 6 of this Code are minimum
requirements. These standards may be
increased and additional requirements may be
imposed for the purpose of mitigating identified
probable significant adverse environmental
impacts pursuant to the State Environmental
Policy Act (SEPA), Chapter 43.21 C RCW, as
now established or hereafter amended. Such
additional requirements may include, but are not
limited to, off-site improvements to any public
facility, the dedication and/or improvement of
parks and open spaces, and contributions to any
county fund established to finance the provision
of public services required by subdivision. .
10. Phased Subdivision. Preliminary plat approval
must be granted for the entire subdivision and
must delineate the separate divisions that are to
be developed in phased increments. Where the
preliminary plat approval is conditioned upon
completion of the proposed phases in a particular
sequence, the preliminary plat approval shall
specify a completion date for each phase. Final
plat approval may be granted for each separate
phase of the preliminary plat. Any changes at the
preliminary plat stage will require approval in
accordance with Section 7.4.8.
-...-/
-.../
7-24
Unified Development Code
Section 7 . Land Divisions
SECTION 8
,-
Permit Application and
Review Procedures/SEPA Implementation
¿¡II""
~
~
.",.....
SECTION 8 . PERMIT ApPLICATION AND REVIEW
PROCEDURES/SErA IMPLEMENTATION
Section
Page
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
Types of Project Permit. .....................................................................................................................................1
Project Permit Applications (Type I-IV)...............................................................................................................5
Public Notice Requirements. ............................................................................................................................11
Project Review and Approval Processes..........................................................................................................14
Appeals. ...........................................................................................................................................................18
Unified Development Code Interpretation. .......................................................................................................20
Site Plan Approval Advance Determinations. ...................................................................................................21
Conditional Uses. """""""""""""""""""""""""""""""""""""""""""""""""""""'"................................22
Variances (Minor and Major). """"""""""""""",""""""""""""""""""""""""""........................................25
State Environmental Policy Act (SEPA) Implementation. .................................................................................26
8.1 Types of Project Permit.
1. Purpose. Sections 8.1 through 8.6 of this Unified
Development Code are a mechanism for
implementing the provisions of Chapter 36.708 .
RCW (the Local Project Review Act) regarding
compliance, conformity, and consistency of
proposed projects with the Jefferson County
Comprehensive Plan and development
regulations.
a. Given the extensive investment that public
agencies and a broad spectrum of the public
have made and will continue to make in
Jefferson County's Comprehensive Plan and
development regulations, it is essential that
project review start from the fundamental
land use planning choices made in the
Comprehensive Plan and regulations. If the
Comprehensive Plan or regulations identify
the type of land use, specify density and
identify and provide for the provision of
public facilities needed to review the
proposed development and site, these
decisions, at a minimum, provide the
foundation for further project review unless
there is a question of code interpretation.
The project review process, including the
environmental review process under Chapter
43.21 C RCW and the consideration of
consistency, should start from this point and
should not reanalyze these land use
planning decisions in making a permit
decision, unless the county finds that the
Comprehensive Plan and regulations do not
fully foresee site-specific issues and impacts
identified through land use project
application review.
b. Comprehensive plans and development
regulations adopted by the county under
Chapter 36.70A RCW (the Growth
Management Act), sub-area plans, and
environmental policies, laws and rules
adopted by the county, the state, and the
federal government address a wide range of
environmental subjects and impacts. These
provisions typically require environmental
studies and contain specific standards to
address various impacts associated with a
proposed development (e.g., building size
and location, drainage, transportation
requirements, and protection of
environmentally sensitive areas). When the
county applies these existing requirements
to a proposed project, some or all of a
project's potential environmental impacts
may be avoided or otherwise mitigated.
Through the integrated project review
process described in Sections 8.1 through
8.5 of this Section 8, the Administrator will
determine whether existing requirements,
including the applicable regulations or plans,
adequately analyze and address a project's
environmental impacts. Project review
generally should not require additional
studies and mitigation under Chapter 43.21 C
RCW where existing regulations adequately
address a proposed project's probable
significant adverse environmental impacts.
Development regulations enable project
review through the application of established
scientific standards, required studies and
standard mitigation measures.
2. Procedures for Processing Project
Development Permit Applications. For the
purpose of project permit processing under this
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
8-1
SECTION 8, PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
3.
Code, all development permit applications shall
be classified as one of the following: Type I; Type
II, Type III, or Type IV. Legislative decisions are
classified as Type V actions and are addressed
in Section 9 of this Code. Exemptions from the
requirements of project permit application
processing are set forth in Section 8.1.8 of this
Section 8.
Determination of Proper Type of Procedure.
a. Determination by the Administrator. The
Administrator shall determine the proper
procedure for all development applications. If
there is a question as to the appropriate type
of procedure, the Administrator shall resolve
it in favor of the higher numbered procedure
type, except as specifically authorized for
discretionary conditional use permits under
Section 8.8.4(b), below.
b. Optional Consolidated Permit
Processing. An application that involves two
(2) or more procedures may be processed
collectively under the highest numbered
procedure required for any part of the
application or processed individually under
each of the procedures identified by this
Code. The applicant may determine whether
the application shall be processed
collectively or individually. If the application
is processed under the individual procedure
option, the highest numbered type procedure
4.
Project Permit Application Framework.
-/
c.
must be processed prior to the subsequent
lower numbered procedure.
Decision-maker(s). The Board of County
Commissioners is the highest decision-
maker, followed by the Appellate Hearing
Examiner, the Hearing Examiner and the
Administrator. Joint public hearings with
other agencies shall be processed in
accordance with Section 8.1.5 of this Section
8.
Administrator. Upon issuance of a
determination of completeness as described
in Section 8.2.3, the Administrator shall
assign a project planner to the project who
will coordinate and be responsible for all
phases of development application
administration.
SEPA Review. Project review conducted
pursuant to the State Environmental Policy
Act (SEPA), Chapter 43.21 C RCW, shall
occur concurrently with project review. The
SEPA review process, including all public
comment procedures, is set forth in Section
8.10 of this Section 8. Nothing contained in
Sections 8.1 through 8.5 of this Section 8
shall be construed as restricting the need for
full environmental review in accordance with
Sections 3.6.4 through 3.6.11 and Section
8.10 of this Section 8.
-/
d.
e.
TABLE 8-1: PERMITS - DECISIONS
Type 11 Type II Type III Type IV Type V
Allowed uses not Classification of unnamed Reasonable economic use Final plats under Section 7 Special use permits
requirin\l notice of and discretionary uses variances under Section under Section 3.3.5
application (e.g., "yes" under Section 3.2 3.6.4(h)
uses listed in Table 3-1,
building permits, etc.)
Minor amendments to Release of six-year FPA PRRDs under Section Final PRRDs under Jefferson County
planned rural residential moratorium for an 3.6.13 and mabor amend- Section 3.6.13 Comprehensive Plan
developments (PRRDs) individual single-family ments to PRR sunder amendments under
under Section 3.6.13.15 residence under Section Section 3.6.13.15(c) Section 9
4.16
Home businesses Short subdivisions under Shoreline substantial Amendments to develop-
approved under Section Section 7.4 development permits for ment regulations
4.20 secondary uses, and including amendments to
conditional and variance this UD and the Land
permits under the Use Districts Map
Jefferson County
Shoreline Master Program
(SMP)
Temporary outdoor use Binding site plans under Plat alterations and Amendments to the
permits under Section Section 7.5 vacations under Section Jefferson County SMP
4.38 7.1.3(d) Subarea and utility plans
Stormwater Administrative conditional Long subdivisions under and amendments thereto
management permits use permits under Section Section 7.5
under Section 6.7 8.8.4(a) [Le., listed in
Table 3-1 as "C(a)1
8-2
...../
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
.-..
SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
.-..
TABLE 8-1: PERMITS - DECISIONS
Type 11 Type II Type III Type IV Type V
Road access permits Discretionary conditional
under Section 6.8 use permits under Section
8.8.4(b) [Le., listed in
Table 3.1 as "C(d)1 where
required by Administrator
Sign permits under Discretionary conditional Conditional use permits
Section 6.15 use ~ermits under Section under Section 8.8.4(c)
8.8. (b) [Le., listed in (Le., uses listed in Table 3-
Table 3-1 as "C(d)1 unless 1 as "C")
Type III process required
by Administrator
Boundary line Minor variances under Major variances under
adjustments under Section 8.9.4(a) Section 8.9.4(b)
Section 7.2
Minor adjustments to Shoreline substantial Wireless
approved preliminary development permits for Telecommunications
short plats under Section primary uses under Permits under Section
7.3.7 Jefferson County SMP 4.13 and Ordinance 06-
Minor amendments to Wireless 0712-99
approved preliminary Telecommunications
long plats under Section Permits under Section
7.4.8 4.13 and Ordinance 06-
0712-99
Site plan approval
advance determinations
under Section 8.7
Exemptions under the
Jefferson County SMP
Revisions to permits issued under the Jefferson County SMP
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of Section 8.3.1 through 8.3.8
and Section 8.10 (the SEPA integration section).
Judicial Appeal:
TABLE 8-2: ACTION TYPES - PROCESS
Project Permit Application Procedures (Types I-IV) Legislative
Type I Type II Type III Type IV Type V
Project Planner Project Planner Project Planner N/A Planning
Commission 1
Administrator Administrator Hearing Examiner Board of County Board of County
Commissioners Commissioners
No Yes Yes No N/A
No Only if Yes, before Hearing No Yes, before Planning
Administrator's Examiner, prior to Commission to make
decision is appealed, permit decision by the recommendation to
open record hearing Hearing Examiner. Board of County
before Hearing Commissioners
Examiner.
No No Yes, before Appellate N/A Yes, or Board of
Hearing Examiner County
Commissioners could
hold its own hearing
Yes Yes Yes Yes Yes2
Recommendation
made by:
Final Decision
made by:
Notice of Application:
Open Record
Public Hearing:
Closed Record Appeal!
Final Decision:
.-..
1 Type V land use actions are subject to review and recommendation by the Planning Commission. However, utility plans and
moratoria and interim zoning controls adopted under RCW 36.70A.390 are not subject to review and consideration by the Planning
Commission.
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
8-3
SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Type I:
Type II:
Type III:
Type IV:
Type V:
-../
SUMMARY OF DECISION-MAKING
In most cases, administrative without notice. However, if a Type I permit is not
categorically exempt under SEPA, then, administrative with notice.
Administrative with notice. Final decision by Administrator unless appealed. If
appealed, open record hearing and final decision by Hearing Examiner.
Notice and open record public hearing before the Hearing Examiner. Final
decision by Hearing Examiner unless appealed. If appealed, closed record
hearing and final decision by Appellate Hearing Examiner.
Closed record decision by Board of Commissioners during a regular meeting.
Type IV decisions are purely ministerial in nature (see Section 7.4 of this Code).
Except for utility plans, notice and public hearing before Planning Commission,
with Planning Commission recommendation to Board of Commissioners. Notice
of public hearings provided prior to final legislative decisions (see Section 9,
UDC).
5. Joint Public Hearings (Other Public Agency
Hearings).
a. Administrator's Decision to Hold Joint
Public Hearings. The Administrator may
combine any public hearing on a project
permit application with any hearing that may
be held by another locàl, state, regional,
federal, or other agency on the proposed
action, as long as the hearing is held within
the county and the requirements of 8.1.5(c),
above, are met.
b. Applicant's Request for a Joint Hearing.
The applicant may request that the public
hearing on a permit application be combined
as long as the joint hearing can be held
within the time periods set forth in this
Section 8. In the alternative, the applicant
may agree to a particular schedule if
additional time is needed in order to
complete the hearings.
Prerequisites to a Joint Hearing. A joint
public hearing may be held with another
local, state, regional, federal or other agency
and the county, as long as:
(1) The other agency is not expressly
prohibited by statute from doing so;
(2) Sufficient notice of the hearing is given
to meet each of the agencies' adopted
notice requirements as set forth in
statute, ordinance or rule; and
(3) The agency has received the
necessary information about the
proposed project from the applicant in
enough time to hold its hearing at the
-/
c.
2 Pursuant to RCW 36.70A250 and 36.70A280, the Western Washington Growth Management Hearings Board (WWGMHB) is
authorized to hear and determine petitions alleging that the county is not in compliance with the requirements of Chapter 36.70A
RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to
plans, development regulations, or amendments, adopted under RCW 36.70A040 or Chapter 90.58 RCW. Direct judicial review
may also be obtained pursuant to R~W 36.70A.295.
8-4
-./
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
-
SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
-
same time as the local government
hearing. .
6. Legislative Enactments.
a. Decision. The following decisions are
legislative, and are not subject to the
procedures in this Section 8, unless
otherwise specified:
(1) Unified Development Code text, and
land use district amendments (Le.,
land use map amendments);
(2) Area-wide rezones to implement
county policies contained within the
Jefferson County Comprehensive Plan
and amendments thereto;
(3) Adoption of the Jefferson County
Comprehensive Plan and any plan
amendments;
(4) Shoreline Master Program adoption
and amendments; and
(5) All other master land use, subarea,
functional and/or utility plans and
amendments thereto.
b. Procedures. Except as otherwise provided
in this Section 8, the procedures for the
legislative decisions specified in this Section
are set forth in Section 9 of this Code.
7. Legislative Enactments Not Restricted.
Nothing in this Section 8 shall limit the authority
of the county to make changes to the Jefferson
County Comprehensive Plan as part of an annual
revision process, this Unified Development Code
or any of the county's other development
regulations, or to undertake any other legislative
actions.
8. Exemptions from Project Permit Processing.
a. Applicability. Whenever a permit or
approval in the Jefferson County Unified
Development Code has been designated as
a Type II, III or IV permit, the procedures set
forth in Sections 8.1 through 8.4 of this
Section 8 shall be followed in project permit
processing. The following permits or
approvals are specifically excluded from the
procedures set forth in this Section:
(1) Landmark designations;
(2) County road vacations; and
(3) As authorized under RCW
43.21 C.031 (2)(a), public works
projects identified as planned actions
in the Jefferson County
Comprehensive Plan or any
amendments thereto. Planned actions
are those public or private projects
specifically identified by county
-
8.2
ordinance or resolution adopted after
environmental review conducted in
conjunction with the adoption or
annual amendment of the
Comprehensive Plan.
b. Exemptions. If categorically exempt under
SEPA, Chapter 42.3~C RCW, Type I per~its
shall not be subject to the following
provisions contained in this Section 83:
(1) The notice of application requirements
of Sections 8.3.1 through 8.3.8, below;
(2) Except as provided in RCW
36.708.140, optional consolidated
project permit review processing under
Section 8.1.3(b), above;
(3) Joint public hearings under Section
8.1.5, above; and
(4) A single report stating that all
decisions and recommendations made
as of the date of the report on all
project permits included in the
consolidated permit process that do
not require an open public record pre-
decision hearing and any
recommendations on project permits
that do not require an open record pre-
decision hearing, as further set forth in
36.708.060(5) RCW.
c. Notice of Decision. Unless the applicant
waives the time deadlines in writing, all Type
I permits shall be processed within one
hundred and twenty (120) calendar days
after the applicant files a complete
application, subject to Section 8.2.3, below.
Project Permit Applications (Type
J-JV).
Pre-Application Conference. .
a. Purpose. Pre-application conferences
provide a prospective applicant and the
county the opportunity to determine if and
how the regulations (e.g., environmentally
sensitive areas and SEPA) may apply, an
opportunity to acquaint the applicant with the
requirements of the Jefferson County Unified
Development Code, and to discuss, if
applicable, how the applicant may modify the
1.
3 Pursuant to RCW 36.70B.140(2), boundary line
adjustments, building and other construction permits, or
similar administrative approvals categorically exempt from
environmental review under SEPA (I.e., Chapter 43.21C
RCW), or permitslapprovals for which environmental review
has been completed in connection with other project permits,
are excluded from the provisions of RCW 36.70B.060, and
36. 70B.110 through 36.70B.130.
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
8-5
---
SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
scope and design of the project to reduce or
avoid restrictions which may be imposed by
the County.
b. When Required. Pre-application
conferences are required for all Type II and
Type III project applications and Type I
project applications proposing impervious
surfaces of ten thousand (10,000) square
feet or more and/or non-single family
structures of five thousand (5,000) square
feet or more. Pre-application conferences for
all other types of applications are optional,
and requests for conferences will be
considered by the Administrator on a time-
available basis.
c. Scheduling and Conceptual Design
Review. The conference shall be held within
fifteen (15) calendar days of the request and
payment of the fee set forth in the Jefferson
County Fee Ordinance. Upon payment of the
fee, the applicant shall submit to DCD a
preliminary sketch or conceptual design that
illustrates the applicant's generalized ideas
of the proposal. This should include
approximate lot lines, general topography of
the site, suggested vehicle access to the
site, and provision of utilities. Final drawings
are discouraged at this pre-application stage.
Additionally, the applicant shall identify all
land uses on adjacent properties and all
platted and opened roads serving the site.
d. Information Provided to Applicant. At the
conference, the Administrator shall provide
the applicant with:
(1) A list of the requirements for a
completed application;
(2) A general summary of the procedures
to be used to process the application;
(3) The references to the relevant code
provisions or development standards
that may apply to the approval of the
application; and
(4) A list of any applicable hourly review
fees that may be charged by one or
more County agencies upon the filing
of an project permit application with the
County.
e. Assurances Unavailable. It is impossible
for the conference to be an exhaustive.
review of all potential issues. The
discussions at the conference or the
information provided by the Administrator
shall not bind or prohibit the County's future
application or enforcement of all applicable
laws and regulations. No statements or
assurances made by county representatives
2.
shall in any way relieve the applicant of his
or her duty to submit an application
consistent with all relevant requirements of
county, state and federal codes, laws,
regulations and land use plans.
Development Permit Application.
a. Information Required for All Applications.
Applications for project permit decisions shall
be submitted upon forms provided by the
Administrator. A project permit application is
complete when it meets the submission
requirements of this Section 8.2.2. An
application shall consist of all materials
required by the relevant section of this Code
or other applicable county ordinance or
regulation, and shall also include the
following general information:
(1) A completed project permit application
form, including a SEPA checklist
unless categorically exempt from
SEPA;
(2) A verified statement by the applicant
that the property affected by the
application is in the exclusive
ownership of the applicant, or that the
applicant has submitted the application
with the written consent of all owners
of the affected property, and proof of
ownership of the property;
(3) Identification of a single contact person
or entity to receive determinations and
notices required by this Code;
(4) A legal description of the site, including
the Jefferson County Assessor's
Parcel Number;
(5) The applicable fee as set forth in the
Jefferson County Fee Ordinance.
(6) For each building permit necessitating
potable water, evidence of available
and adequate water supply and, if
applicable, compliance with the
requirements established by the
Jefferson County Department of
Health for the provision of water;
evidence may be in the form of a water
right permit from the Department of
Ecology, or another form sufficient to
verify the existence of an adequate
water supply;
(7) Evidence of septic approval or sewer
availability and, if applicable,
compliance with the requirements
established by the Jefferson County
Department of Health for wastewater
disposal;
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b.
(8) A site plan, showing the location of all
proposed lots and points of access
and identifying all easements, deeds,
restrictions or other encumbrances
restricting the use of the property, if
applicable. All information should be
accurate, legible and generally should
be drawn to a scale no smaller than
one (1) inch equals fifty (50) feet for a
plot larger than one (1) acre and no
smaller than one (1) inch equals
twenty-five (25) feet for a plot one (1)
acre or smaller; and
(9) Identification of other local, state and
federal permits required for the
proposal, to the extent known by the
applicant.
Commercial, Industrial, Multifamily and
Small-Scale Recreational and Tourist
Uses Additional Application
Requirements. In addition to the general
information required under Section 8.2.2(a),
above, all building permit applications
involving commercial, industrial, multifamily,
and small-scale recreational and tourist uses
listed in Table 3-1 shall include a site plan
prepared by a civil engineer, architect or
landscape architect licensed in the State of
Washington that includes or graphically
depicts the following information:
(1) Compass direction and graphic scale;
(2) Total gross acreage;
(3) Proposed and existing structures
including building envelopes and
building setback lines;
(4) Distances between all proposed and
existing buildings;
(5) All proposed or existing uses;
(6) The layout of an internal vehicular and
pedestrian circulation system,
including proposed ingress and egress
for vehicles and roadway widths, and
additional right-of-way if required on
substandard roads;
(7) The location of significant geographic
features on the site and immediately
adjoining properties;
(8) Corner grades and existing contours of
topography at five (5) foot contour
intervals;
(9) Proposed development or use areas;
(10) Property lines, adjoining streets, and
immediately adjoining properties and
their ownership;
(11) Existing and proposed grades and
volume and deposition of excavated
material;
(12) A preliminary drainage plan;
(13) Locations of all existing and proposed
utility connections;
(14) Parking spaces and driveways;
(15) Proposed landscaping; and
(16) The location and extent of wetlands,
floodplains and other environmentally
sensitive areas.
c. Additional Application Requirements. In
addition to the information required under
Section 8.2.2(a) and (b), above, the
Administrator may require additional
information or studies in order for the
application to be considered complete. Such
information may include, but is not
necessarily limited to the following:
(1) A phasing plan, acreage of phases,
and time schedule, if the site is
intended to be developed in phases;
(2) Enumeration of the number of persons
that will reside in a dwelling(s);
(3) Documentation of the date and method
of segregation for the subject property
verifying that the lot or lots were not
created in violation of the subdivision
(Le., either short or long) laws in effect
at the time of creation, or identifying
whether the lots were created prior to
the advent of the advent of Chapter
58.16 RCW in 1937;
(4) A recorded survey of the subject
property in order to verify property
boundaries and setback
measurements;
(5) Assessor's maps and a list of tax
parcels and their owners for all
properties within three hundred (300)
feet of the property to which public
notice must be sent under SEPA or
Section 8.3 of this Code.
d. Application Requirements In Other
Applicable Regulations. In addition to the
requirements set forth in Sections 8.2.2(a),
(b) and (c) above, certain types of land use
applications require additional information to
be considered complete. Applications for the
following land use permits must satisfy
Sections 8.2.2(a), (b) and, if required (c),
AND the following provisions of this Unified
Development Code and applicable county
ordinances and regulations:
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(1) Building permits under the Jefferson
County Building Code Ordinance, No.
03-0713-98, or its successor
ordinance;
(2) Reasonable economic use variance
permits under Section 3.6.4(h) of this
Code;
(3) Planned rural residential developments
(PRRDs) under Section 3.6.13 of this
Code;
(4) Cottage industries under Section 4.17
of this Code;
(5) Home businesses under Section 4.20
of this Code;
(6) Temporary outdoor use permits under
Section 4.38 of this Code;
(7) Stormwater management permits
under Section 6.7 of this Code;
(8) Sign permits under Section 6.15 of this
Code;
(9) Boundary line adjustments under
Section 7.2 of this Code;
(10) Short plats under Section 7.3 of this
Code;
(11) Long plats under Section 7.4 of this
Code;
(12) Binding site plans under Section 7.5 of
this Code;
(13) Site plan approval advance
determinations under Section 8.7 of
this Code;
(14) Written exemptions, shoreline
substantial development permits for
primary and secondary uses, and
shoreline conditional use and variance
permits under the Jefferson County
Shoreline Master Program; and
(15) Wireless telecommunications permits
under Section 4.13 of this Code and
Ordinance 06-0712-99.
All application requirements identified in
other code sections that supplement or
supersede the requirements of this Section
shall be met before an application is deemed
complete.
e. Waivers. The Administrator may waive any
specific submittal requirements determined
to be unnecessary for review of any
application. In such event, the Administrator
shall document the waiver in the project file
or project log.
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3. Submission of Acceptance of Application
Determination of Completeness - Additional
Information and Project Revision.
a. Determination of Completeness. Within
twenty-eight (28) calendar days after
receiving a project permit application the
Administrator shall mail a determination to
the applicant that states either that:
(1) The application is complete; or
(2) The application is incomplete and
information necessary to make the
application complete.
b. Identification of Other Agencies with
Jurisdiction. To the extent known by the
County, other agencies with jurisdiction over
the project permit application shall be
identified in the County's determination of
completeness.
c. Incomplete Application Procedure -
Appeal.
(1) If the applicant receives a
determination that the application is
incomplete or that additional
information is required, the applicant
shall have ninety (90) calendar days to
submit the necessary information to
the Administrator, or to appeal the
decision to the Hearing Examiner in
accordance with the procedures for
Type" projects. Within fourteen (14)
calendar days after the applicant has
submitted the additional information,
the Administrator shall again make the
determination described in Section
8.2.3(b).
(2) If the applicant refuses to submit
additional information, does not
request additional time to submit the
required information within the ninety
(90) calendar day period, or does not
appeal the decision, the application will
be considered abandoned and
therefore withdrawn and the applicant
shall forfeit the application fee. The
Department of Community
Development shall not be responsible
for notifying the applicant of an
impending expiration.
d. County's Failure to Provide a
Determination of Completeness. A project
permit application shall be deemed complete
under this Section 8.2.3 if the Administrator
does not provide a written determination to
the applicant that the application is
incomplete as provided in Section 8.2.3(a),
above. Notwithstanding a failure to provide a
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determination of completeness, the
Administrator may request additional
information as provided in Section 8.2.3(f),
below.
e. Date of Acceptance of Application. A
project permit application is complete for
purposes of this Section 8.2.3 when it meets
the submission requirements in Section
8.2.2, above, as well as any additional
submission requirements contained in other
applicable provisions of this Code. This
determination of completeness shall be
made when the application is sufficient for
continued processing even though additional
information may be required or project
modifications may be undertaken after
submittal. When the project permit
application is determined to be complete, the
Administrator shall accept it and note the
date of acceptance in the project file. Upon
providing a determination of completeness,
the Administrator shall assign the project to a
Project Planner.
f. Additional Information. The Administrator's
determination of completeness shall not
preclude the Administrator from requiring
additional information, that the applicant
correct plans or perform studies at any time
if new information is required for project
review, or if there are substantial changes in
the proposed action.
(1) Any period during which the
Administrator has requested the
applicant to correct plans, perform
required studies, or provide additional
information shall be excluded from the
one hundred and twenty (120) day
time period or other applicable time
period set forth in Section 8.4.10,
below.
(2) The time period for requiring additional
information shall be calculated from
the date the Administrator notifies the
applicant of the need for additional
information until the earlier of:
i. The date the Administrator
determines whether the
information satisfies the request
for information; or
Fourteen (14) calendar days
after the date the information
has been provided to the
Administrator.
g. Effect of Project Permit Application
Revisions - Substantial Revisions. If, in
the judgment of the Administrator, the
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4.
content of an application is so substantially
revised by an applicant, either voluntarily or
to conform with applicable standards and
requirements, thât such revised proposal
constitutes a substantially different proposal
than that originally submitted, the
Administrator shall deem the revised
proposal to be a new application.
(1) In reaching a decision whether a
revision is substantial, the
Administrator shall consider the
relative (to the application in its initial
form) and absolute magnitude of the
revision, the environmental sensitivity
of the site, any changes in location of
significant elements of the project and
their relation to public facilities,
surrounding lands and land uses and
the stage of review of the proposal.
(2) Lesser revisions that would not
constitute substantial revisions during
early stages of review may be
substantial during later stages due to
the reduced time and opportunity
remaining for interested parties to
review and comment upon such
changes.
(3) Written notice of such determination of
substantial revision shall be provided
to the applicant and all parties of
record, including the reasons for the
Administrator's decision.
(4) A determination that any revision is
substantial shall result in the time
periods mandated by this Section 8
starting from the date at which the
revised project application is
determined to be complete. The
revised project application shall be
subject to all laws, regulations and
standards in effect on the date of the
determination of completeness of the
substantial revision.
Referral and Review of Development Permit
Applications. Upon acceptance of a complete
application, the Administrator shall do the
following:
a. Transmit a copy of the application, or
appropriate parts of the application, to each
affected agency and county department for
review and comment, including those
agencies responsible for determining
compliance with state and federal
requirements. The affected agencies and
county departments shall have fourteen (14)
calendar days to comment. Affected
agencies and county departments are
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presumed not to have comments if not
submitted within the fourteen (14) calendar
day period; provided, that the Administrator
may grant an extension of time if needed.
b. Applications for developments and planned
actions subject to the State Environmental
Policy Act (SEPA), Chapter 43.21 C RCW,
shall be reviewed in accordance with the
policies and procedures contained in Section
8.10 of this Section 8. SEPA review shall be
conducted concurrently with development
project review. The following are exempt
from concurrent review:
(1) Projects categorically exempt from
SEPA; and
(2) Components of planned actions
previously reviewed and approved in
the Jefferson County Comprehensive
Plan or amendments thereto to the
extent permitted by law and consistent
with the SEPA determination for the
planned action.
c. If a Type II or III procedure is required, DCD
shall provide for notice and/or hearing as set
forth in Section 8.3.
5. Scope of Project Review.
a. Fundamental land use planning choices
made in the Jefferson County
Comprehensive Plan, sub-area plans, this
Unified Development Code and any other
applicable development regulations shall
serve as the foundation for project review.
The review of a proposed project's
consistency with this Unified Development
Code under Section 8.2.6, other applicable
development regulations, or in the absence
of applicable regulations, the adopted
Jefferson County Comprehensive Plan or
sub-area plan(s), shall incorporate the
determinations under this Section 8.2.5.
b. During project review, the Administrator or
any subsequent reviewing body (e.g., the
Hearing Examiner or Appellate Hearing
Examiner) shall determine whether the items
listed in this Section 8.2.5(b) are defined in
this Unified Development Codle or any other
applicable development regulations
applicable to the proposed project or, in the
absence of applicable regulations, the
adopted Jefferson County Comprehensive
Plan or sub-area plan(s). At a minimum,
such regulations or plans shall be
determinative of the:
(1) Type of land use permitted at the site,
including uses that may be allowed
under certain circumstances, such as
6.
planned rural residential developments
and conditional uses, if the criteria for
their approval have been satisfied;
(2) Density of residential development;
ðnd
(3) Availability and adequacy of public
facilities identified in the Jefferson
County Comprehensive Plan, if the
plan provides funding of these
facilities.
c. During project review, the Administrator shall
not re-examine alternatives to or hear
appeals on the items identified in Section
8.2.5(b), above.
d. The Administrator may determine that the
requirements for environmental analysis and
mitigation measures in this Unified
Development Code and other applicable
regulations provide adequate mitigation for
some or all of the project's specific probable
significant adverse environmental impacts to
which the requirements apply. In making this
determination the Administrator shall:
(1) Determine if the applicable regulations
require measures that are sufficient to
adequately address site-specific,
probable significant adverse
environmental impacts identified
through project application review; and
(2) Determine whether additional studies
are required and/or whether the project
permit application should be
conditioned with additional mitigation
measures.
e. Nothing in this Section 8.2.5 shall be
construed as limiting the authority of the
county to approve, condition, or deny a
project as provided in this Unified
Development Code or any other
development regulations adopted under the
authority of Chapters 36.70A and/or 43.21C
RCW, including project review under
Sections 3.6.4 through 3.6.9 and 8.10 of this
Code.
Project Consistency.
a. A proposed project's consistency with this
Unified Development. Code or other
development regulations adopted under
Chapter 36.70A RCW or, in the absence of
applicable development regulations, the
appropriate elements of the Jefferson
County Comprehensive Plan or sub-area
plan adopted under Chapter 36.70A RCW
shall be determined by consideration of:
(1) The type of land use;
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(2) The level of development such as units
per acre or other measures of density;
(3) Infrastructure, including public facilities
and services needed to serve the
development; and
(4) The character of the development.
b. In determining consistency, the
determinations made pursuant to Section
8.2.5 shall be controlling.
c. For purposes of this Section 8.2.6, the term
"consistency" shall include all terms used in
this Section 8 and Chapter 36.70A RCW to
refer to performance in accordance with this
Section 8 and Chapter 36.70A RCW,
including but not limited to compliance,
conformity, and consistency.
d. Nothing in this Section 8.2.6 requires
documentation, dictates procedures for
considering consistency, or limits the
Administrator from asking more specific or
related questions with respect to any of the
four (4) main categories listed in Section
8.2.6(a)(1) through (4), above.
e. For purposes of assisting in determining
consistency with the UDC for a particular
project permit, the Administrator shall also
utilize review of the site plan submittal
required by Section 8.2.2(a)(8) to ensure
compliance with the requirements of
Sections 4 and 6 of this Code.
8.3 Public Notice Requirements.
1. Public Notice - Generally.
a. Public notice is not required for Type I
projects that are categorically exempt from
SEPA. If not SEPA exempt, Type I projects
are subject to the notice of application and
SEPA notice requirements set forth in
Sections 8.3.2 through 8.3.8 and 8.10 of this
Section 8.
b. Public notice of the notice of application and
of the open record pre-decision public
hearing, if any, is required for all Type II and
Type III actions. Published notice is not
required for closed record public meetings
before the county commissioners (I.e., Type
IV approvals of long plats and PRRDs) or
hearings before the Appellate Hearing
Examiner, as no new testimony or evidence
is allowed at such meetings or hearings.
Mailed notice of closed record public
hearings shall be provided to all parties of
record.
c. Public notice is not required for Type IV
actions because no public hearing is held.
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d. Public notice of Type V legislative actions
must be published as described in Section 9
of this Code and as required by state law.
e. The applicant shall be responsible for all
costs of public notice.
2. Notice of Application. When Required. The
Administrator shall issue a notice of application
on all Type II and Type III project permit
applicatiqns.
3. Notice of Application. Time of Issuance. The
Administrator shall issue the notice of application
within fourteen (14) calendar days of issuing the
determination of completeness. If an open record
pre-decision public hearing is required for the
requested project permit(s), the notice of
application shall be issued at least fifteen (15)
calendar days prior to the public hearing.
4. Notice of Application. SEPA Exempt
Projects. A notice of application shall not be
required for project permits that are categorically
exempt under SEPA, unless a public comment
period or an open record pre-decision hearing is
required. A notice of application shall be required
for all Type II projects, regardle~s of whether
such projects are exempt from SEPA.
5. Notice of Application - Contents. The notice of
application shall include the following:
a. The name and address of the applicant or
the applicant's representative;
b. The date of application, the date of the
notice of completion for the application, and
the date of the notice of application;
c. The street address location of the project or,
if unavailable, a description of the subject
property reasonably sufficient to inform the
public of its location, which may include a
vicinity location (map), the location in
reference to roadway intersections, or a
written description (rural route box or
subdivision lot and block alone are not
sufficient);
d. A description of the proposed project action,
use or development and a list of project
permits included in the application and if
applicable, a list of any additional studies
requested under Section 8.2.3(f), above.
e. The identification of state, federal or other
permits required by other agencies with
jurisdiction not included in the application, to
the extent known by the county;
f. The identification of existing environmental
documents that evaluate the proposed
project, and the location of where the
application and any studies can be reviewed;
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g. The name and phone number of the contact
project planner;
h. A statement of the limits of the public
comment period, which shall be fourteen
(14) calendar days following the date of the
notice of application (or twenty (20) or thirty
(30) calendar days if the application involves
a permit under the Jefferson County
Shoreline Master Program, as further set
forth in Section 8.3.8;
i. Statements of the right of any person to
comment on the application, receive notice
of and participate in any hearings, request a
copy of the decision once made, and any
appeal rights;
j. A statement of the preliminary determination,
if one has been made at the time of the
notice of application, of the proposed
project's consistency with applicable
development regulations and of those
development regulations that will be used for
project mitigation, as provided in RCW
36.708.040 and Section 8.2.6 of this Code;
k. Pursuant to WAC 197-11-355, a statement
on the first page of the notice of application
that:
(1 )
The optional DNS process of WAC
197-11-355 is being used;
(2) This may be the only opportunity to
comment on the environmental
impacts of the proposal;
(3) The proposal may include mitigation
measures under applicable
development regulations, and the
project review process may
incorporate or require mitigation
measures regardless of whether an
EIS is prepared; and
(4) A copy of the subsequent threshold
determination may be obtained upon
request, and will be mailed to any
person commenting upon the notice of
application. In addition, the notice of
application shall list the conditions
being considered to mitigate
environmental impacts, if a mitigated
DNS is expected;
I. The date, time, place and type of hearing, if
applicable, and if scheduled prior to the date
of the notice of application;
m. A statement of when and where a copy of
the application, all supporting documentation
and evidence relied upon by the applicant,
and applicable development regulations may
be available for public inspection;
6.
n. A statement that a copy of the staff report
will be available for inspection at no cost to
the public at least seven (7) calendar days
prior to the public hearing (if applicable); and
o. Any other information the Administrator
determines appropriate.
Notice of Application - SEPA Integration.
Except for a determination of significance (OS),
the county may not issue its threshold
determination until the expiration of the public
comment period on the notice of application. If
the county has made a determination of
significance under Chapter 43.21 C RCW
concurrently with the notice of application, the
notice of application may be combined with the
threshold determination and the scoping notice
for a draft environmental impact statement
(DEIS). However, nothing in this Section
prevents a OS and scoping notice from being
issued prior to the notice of application.
Notice of Application - Mailing, Publication,
and Posting Requirements.
a. Published Notice. The Administrator shall
publish notice in the official county
newspaper at least once. Published notice
shall include the project's road or street
address or location, project description,
type(s) of permit(s) required, comment
period dates, and location where the
complete application and notice of
application may be reviewed.
b. Posting. The applicant shall post a notice of
application on the property as follows:
(1) A single notice board shall be placed
at the midpoint of the site road
frontage or as otherwise directed by
the county for maximum visibility,
where it is completely visible to vehicle
traffic and pedestrians.
(2) Additional notice boards may be
required where the site does not abut
a public road, for a large site that abuts
more than one (1) public road, or the
Administrator determines that
additional notice boards are necessary
to provide adequate public notice.
(3) Notice boards shall be constructed and
installed in accordance with any
specifications promulgated by the
County.
(4) Notice boards shall be maintained in
good and legible condition by the
applicant during the notice period, be
in place at least fifteen (15) calendar
days prior to the date of the hearing,
and be removed within fifteen (15)
7.
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calendar days after the end of the
notice period.
(5) The applicant prior to the hearing or
final comment date shall submit an
affidavit of posting to the Administrator.
If the affidavit is not filed as required,
any scheduled hearing or date by
which the public may comment on the
application will be postponed in order
to allow compliance with this notice
requirement.
c. Mailing.
(1) The Administrator shall send a notice
of application by mail to the applicant,
the owners of the subject property (if
different from the applicant), and to all
owners of property within three
hundred (300) feet of any portion of
the exterior boundaries of the subject
property. The DCD shall be
responsible for preparation of the list of
adjacent property owners; provided,
that the Administrator retains the
authority to require the applicant to
supply and certify the list of adjacent
property owners in circumstances
where the information is not readily
available to the county. DCD shall
obtain addresses for mailed notice
shall from the county's geographic
information system (GIS) or real
property tax records. The
Administrator shall make a notation in
the file affirming mailing of notice to all
persons entitled to notice under this
Section.
(2) All public notices shall be deemed to
have been provided or received on the
date the notice is deposited in the mail
or personally delivered whichever
occurs first. Failure to send notice by
mail shall not invalidate such
proceedings where the owner appears
at the hearing or receives actual
notice.
Notice of Application - Public Comment.
a. Length of Comment Period. The comment
period shall be fourteen (14) calendar days
from the date of the notice of application,
except as may otherwise be provided for
commenting on preliminary plat applications
(Le., twenty (20) days pursuant to RCW
58.17.095(2», for commenting on scoping
and draft and final environmental impact
statements pursuant to WAC 197-11-408
and 197-11-500 and Section 10, below, and
for commenting on permits under the
9.
8.
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Section 8 . Permit Application and Review ProceduresiSEPA Implementation
Jefferson County Shoreline Master Program
(SMP) (see Section 8.3.8(b), below).
b. Comment Periods for Permits under the
Jefferson County Shoreline Master
Program (SMP). The content of notice under
the SMP shall be identical to the notice set
forth in Section 8.6.5 except that:
(1) The public may provide comments on
a shoreline development permit
application for thirty (30) calendar days
after the notice of application (notice
for shoreline permits is longer than the
comment period for other Type II and
III permits pursuant to RCW
90.58.140(4»; and
(2) The public comment period shall be
twenty (20) calendar days. for a
shoreline permit for limited utility
extensions or for construction of a
bulkhead or other measures to protect
a single-family residence and its
appurtenant structures from shoreline
erosion (see RCW 90.58.140(11».
(3) A notice of application for a shoreline
substantial development permit shall
notify the public of the twenty (20) or
thirty (30) day comment period.
c. Comments may be mailed, personally
delivered or sent by facsimile. Comments
shall be as specific as possible.
d. The Administrator will receive public
comments during regular business hours any
time up to and during the open record
hearing, if any, or if there is no pre-decision
hearing, prior to the decision on the project
permit.
e. The county may not issue a decision or
recommendation on the project permit(s)
until the expiration of the public comment
period on the notice of application.
Notice of Public Hearing. Notice of public
hearing shall be provided not less than ten (10)
calendar days prior to the hearing. If the notice of
application does not specify a hearing date, a
separate notice of public hearing shall be
provided. For Type III projects, the notice of a
threshold determination under SEPA may be
combined with the notice of public hearing.
Notice under this section shall be accomplished
as follows:
a. Published Notice. The Administrator shall
publish a notice of public hearing in the
official county newspaper at least one time.
This notice shall include (and republish if
necessary) the appropriate information from
Section, 8.3.5, above.
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
b. Mailed Notice. The Administrator shall send
a notice of public hearing to all of the
persons entitled to notice, as described in
Section 8.3.7(c), above, including any
person who submits written or oral
comments on the notice of application.
c. Posted Notice. Posted notice of the public
hearing is required for all Type III project
permit applications, which shall be posted as
set forth in Section 8.3.7(b), above. In
addition, notice of Type III preliminary plat
actions and proposed subdivisions must be
given as setforth in Section 8.3.10, below.
10. Additional Public Notice Requirements - Type
III Preliminary Plat Actions. In addition to the
notice for Type III actions above, pursuant to
RCW 58.17, additional notice for preliminary plats
and proposed subdivisions shall be provided as
follows:
a. Notice of the filing of a preliminary plat
applica,tion of a proposed subdivision located
adjacent to or within one (1) mile of the
municipal boundaries of a city or town
utilities shall be given to the appropriate city
or town officials, pursuant to RCW 58.17.080
and 58.17.090.
b. Notice of the filing of a preliminary plat
application for a proposed subdivision
located adjacent to the right-of-way of a state
highway or within two (2) miles of the
boundary of a state or municipal airport shall
be given to the Washington State Secretary
of Transportation, who must respond as to
the effect of the proposed subdivision on the
state highway or airport within fifteen (15)
calendar days of such notice.
c. Special notice of the hearing shall be given
to adjacent landowners by any other
reasonable method the county deems
necessary. Adjacent landowners are the
owners of real property, as shown by the
records of the county assessor, located
within three hundred (300) feet of any portion
of the boundary of the proposed subdivision.
If the owner of the real property which is
proposed to be subdivided owns another
parcel or parcels of real property which lie
adjacent to the real property proposed to the
subdivided, mailed notice shall be given to
owners of real property located within 300
feet of any portion of the boundaries of such
adjacently located parcel(s).
11. Optional Additional Public Notice.
a. As optional methods of providing public
notice of any project permits, the County
may:
8-14
(1) Notify the public or private groups with
known interest in a certain proposal or
in the type of proposal being
considered;
(2) Notify the news media;
(3) Place notices in appropriate regional
or neighbprhood newspapers or trade
joumals;
(4) Place public notice in agency
newsletters or send notice to agency
mailing lists, either general lists or lists
for specific proposals or subject areas;
(5) Mail to neighboring property owners;
or
(6) Place notices on the Internet.
b. The county's failure to provide the optional
notice as described in this Section shall not
be grounds for invalidation of any permit
decision.
Project Review and Approval
Processes.
1. Administrative Approvals without Notice
(Type I). The Administrator may approve,
approve with conditions, or deny (with or without
prejudice) all Type I permit applications which are
categorically exempt from SEPA without notice
(see Sections 8.1.4 (Le., Tables 8.1 and 8.2) and
8.1.8(b), above). Type I projects that are not
categorically exempt under SEPA shall be
subject to the notice of application and comment
period provisions of Sections 8.3.1 through 8.3.8,
and the SEPA notice requirements of Section
8.10 of this Section 8. The Administrator's
decision under this Section shall be final on the
date issued, and may not be appealed to the
Hearing Examiner.
2. Administrative Approval Subject to Notice
(Type 1/).
a. The Administrator may approve, grant
preliminary approval, approve with
conditions, or deny (with or without
prejudice) all Type II permit applications,
subject to the notice and appeal
requirements of this Section 8.4 and Section
8.3, above. The Administrator shall issue
written findings and conclusions supporting
all Type 1/ decisions.
b. Type II administrative decisions shall
become final subject to the following: an
applicant or party of record may appeal the
decision to the Hearing Examiner for an
open record hearing, as further set forth in
Section 8.5 of this Code. Closed record
appeals of Type II permit decisions (Le., to
8.4
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
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3.
the Appellate Hearing Examiner) are not
allowed.
Hearing Examiner Review and Decision (Type
III Decisions and Appeals of Type II
Decisions).
a. The Hearing Examiner shall review and
make findings, conclusions and a decision
on all Type III permit applications and
appeals of Type II decisions.
b. For Type III actions, the Administrator shall
prepare a staff report on the proposed
development or action summarizing the
comments and recommendations of county
departments, affected agencies and special
districts, and evaluating the development's
consistency with this Unified Development
Code, adopted plans and regulations. The
staff report shall include proposed findings,
conclusions and recommendations for
disposition of the development application.
The staff report shall include and consider all
written public comments on the application.
c. Upon receiving a recommendation from the
Administrator or notice of any other matter
requiring the Hearing Examiner's attention
(e.g., an appeal of a Type II administrative
decision), the Hearing Examiner shall
perform the following actions as appropriate:
(1) Hold an open record pre-decision
hearing on a Type III permit application
and make a decision after reviewing
the recommendation of the
Administrator; or
(2) Hold an open record appeal hearing
and make a decision on the following
matters:
i. Appeals of Type II administrative
decisions; .
Appeals of administrative
interpretations made under
Section 8.3, below;
iii. Appeals of SEPA threshold
determinations made pursuant to
Section 8.10 (other than
determinations of significance),
below; and
iv. Other matters not prohibited by
law.
d. The Hearing Examiner shall conduct a public
hearing on all Type III development
proposals and appeals of Type II
administrative decisions for the purpose of
taking testimony, hearing evidence,
considering the facts germane to the
proposal or appeal, and evaluating the
ii.
Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
e.
proposal or appeal for consistency with this
Unified Development Code, adopted plans
and regulations. Notice of the Hearing
Examiner hearing shall be in accordance
with Section 8.3.9 of this Section 8. As
applicable, all appeals of administrative
interpretations made under Section 8.6,
below, and appeals of SEPA threshold
determinations made under Section 8.10
below [other than determinations of
significance (OS)] shall be considered
together with the decision on the project
application in a single, consolidated public
hearing.
In addition to the approval criteria listed
elsewhere in this Unified Development Code,
the Hearing Examiner shall not approve a
proposed development unless he/she first
makes the following findings and
conclusions:
(1) The development adequately mitigates
impacts identified under Sections 3.6.4
through 3.6.9, of this Code (i.e.,
environmentally sensitive areas) and
Section 8.10, below (i.e., SEPA
implementing provisions) of this Code;
(2) The development is consistent with the
Jefferson County Comprehensive Plan
and meets the requirements and intent
of this Unified Development Code;
(3) The development is not detrimental to
the public health, safety and welfare;
(4) For subdivision applications, findings
and conclusions shall be issued in
conformance with Section 7 of this
Code and RCW 58.17.110.
In the Hearing Examiner's decision regarding
Type III actions and appeals of Type II
administrative decisions, the Hearing
Examiner shall adopt written findings and
conclusions.
(1) The Hearing Examiner's decision
following closure of an open record
pre-decision public hearing on a Type
III action shall include one (1) of the
following actions:
i. Approve;
ii. Approve with conditions;
iii. Deny without prejudice (reappli-
cation or resubmittal is
permitted); or
iv. Deny with prejudice
[reapplication or resubmittal is
not permitted for one (1) year].
f.
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
(2) A Hearing Examiner's decision
following an open record appeal
hearing on a Type II administrative
decision, on a SEPA threshold
determination on a Type II admini-
strative decision, or on a SEPA
threshold determination on a Type III
permit decision shall include one of the
following actions:
i. Grant the appeal in whole or in
part;
Deny the appeal in whole or in
part; or .
Hi. If appropriate, in a proceeding
involving a SEPA appeal of é
threshold determination con-
solidated with the hearing on a
Type III permit application,
continue the open record public
hearing pending SEPA
compliance.
(3) The Hearing Examiner decision shall
be issued within ten (10) working days
unless a longer period is agreed upon
by the Hearing Examiner and the
applicant.
4. Appellate Hearing Examiner Action (Appeals
of Type III Decisions).
a. Upon receiving notice of an appeal of a Type
III decision by the Hearing Examiner, the
Appellate Hearing Examiner shall hold a
closed record appeal hearing, adopt written
findings and conclusions and make a
decision.
b. The Appellate Hearing Examiner's decision
following a closed record appeal hearing
shall include one of the following actions:
(1) Grant the appeal in whole or in part;
(2) Deny the appeal in whole or in part;
(3) Remand for further proceedings and/or
evidentiary hearing in accordance with
Section 8.4.9, below.
5. Board of County Commissioners Action (Type
IV Decisions).
a. The Board of County Commissioners shall
make a decision after reviewing Type IV
actions during a regularly scheduled
meeting.
b. In its decision, the Board of County
Commissioners shall make its decision by
motion, resolution or ordinance, as
appropriate.
6. Procedures for Public Hearings. Public
hearings (including open record appeals of Type
ii.
II decisions and open record pre-decision
hearings on Type III permit applications) shall be
conducted in accordance with the Hearing
Examiner's rules of procedure and shall serve to
create or supplement an evidentiary record upon
which the Hearing Examiner will base his/her
decision. In cases where scientific standards and
criteria affecting project approval are at issue, the
Hearing Examiner shall allow orderly cross-
examination of expert witnesses presenting
reports and/or scientific data and opinions. The
Hearing Examiner may address questions to any
party who testifies at a public hearing. The
Hearing Examiner shall open the public hearing
and, in general, observe the following sequence
of events:
a. Staff presentation, including submittal of any
administrative reports. The Hearing
Examiner may ask questions of the staff.
b. Applicant presentation, including submittal of
any materials. The Hearing Examiner may
ask questions of the applicant.
c. Testimony or comments by the public
germane to the matter.
d. Rebuttal, response or clarifying statements
by the staff and the applicant.
e. The evidentiary portion of the public hearing
shall be closed and the Hearing Examiner
shall deliberate on the matter before him/her.
t. Pursuant to RCW 36.70.970, each final
decision of the Hearing Examiner shall be in
writing and shall include findings and
conclusions, based on the record, to support
the decision. Such findings and conclusions
shall also set forth the manner in which the
decision would carry out and conform to the
Jefferson County Comprehensive Plan, this
Unified Development Code and any other
applicable county development regulations.
Each final decision of the Hearing Examiner,
unless the applicant and Hearing Examiner
mutually agree to a longer period in writing,
shall be rendered within ten (10) working
days following conclusion of all testimony
and hearings.
Procedures for Closed Record Hearings and
Appeals. Closed record hearings on appeals of
Type III decisions to the Appellate Hearing
Examiner shall be conducted in accordance with
the Appellate Hearing Examiner's rules of
procedure and shall serve to provide argument
and guidance for the Appellate Hearing
Examiner's decision. Except as provided in
Section 8.4.9 below, no new evidence or
testimony shall be given or received. The parties
to an appeal of a Hearing Examiner decisíon to
7.
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Section 8 . Permit Application and Review ProceduresiSEPA Implementation
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SECTION 8' PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
the Appellate Hearing Examiner may submit
timely written statements or arguments. A
decision by the Appellate Hearing Examiner shall
be in writing and shall be rendered in a timely
manner as set forth in Section 8.4.6(f}, above.
8. Reconsideration. A party of record at a public
hearing or closed record appeal may seek
reconsideration only of a final decision by filing a
written request for reconsideration with the
Hearing Examiner or Appellate Hearing Examiner
(as applicable) within five (5) calendar days of the
final written decision. The request shall comply
with Section 8.5.1 (e)(2), below. The Hearing
Examiner or Appellate Hearing Examiner (as
applicable) shall consider the request without
public comment or argument by the party filing
the request, and shall issue a decision within ten
(10) working days of the request. If the request is
denied, the previous action shall become final. If
the request is granted, the Hearing Examiner or
Appellate Hearing Examiner (as applicable) may
immediately revise and reissue his/her decision
or may call for argument in accordance with the
procedures for closed record appeals.
Reconsideration should be granted only when an
obvious legal error has occurred or a material
factual issue has been overlooked that would
change the previous decision.
9. Remand. If the Appellate Hearing Examiner
determines that the record on appeal is
insufficient or otherwise flawed, he/she may
remand the matter back to the Hearing Examiner
to correct the deficiencies.
10. Final Decision.
a. Finality. All administrative interpretations
made pursuant to Section 8.6 of this Code
and Type II and III project permit decisions
under this Code shall be final unless
appealed pursuant to Section 8.5, below.
b. Finding and Conclusions. Each final
decision of the Hearing Examiner, Appellate
Hearing Examiner and, in the case of certain
Type V decisions, as more fully set forth in
Section 9, the Board of County
Commissioners, shall be in writing and shall
include findings and conclusions based on
the record.
c. Notice of Final Decision.
(1) Except for those permits exempted
under Section 8.1.8, above, upon
issuance of the final decision, the
Administrator shall provide a notice of
decision that includes a statement of
all determinations made under SEPA
and the procedures for administrative
appeal, if any, of the permit decision.
The notice of decision may be a copy
of the report or decision on the project
permit application. It shall also state
that affected property owners may
request a change in valuation for
property tax purposes notwithstanding
any program of revaluation fully set
forth in RCW 36.70B.130.
(2) A copy of the notice of decision shall
be mailed or hand delivered to the
applicant, any person who, prior to the
rendering of the decision, requested
notice of the decision, and to all
persons who submitted substantive
written comments on the application.
The notice of decision shall be posted
and published as set forth in Section
8.3.7(a) and (b), above, and shall be
provided to the Jefferson County
Assessor.
d. Timing of Notice of Final Decision. The
final decision on a development proposal
shall be made within one hundred and
twenty (120) calendar days from the date of
the determination of completeness unless:
(1) Certain days are excluded from the
time calculation pursuant to Section
8.4.10(e), below;
(2) The application involves a shoreline
permit application for limited utility
extensions (RCW 90.58.140(13)(b» or
construction of a bulkhead or other
measures to protect a single-family
residence and its appurtenant
structures from shoreline erosion. In
those cases, the decision to grant or
deny the permit shall be issued within
twenty-one (21) calendar days of the
last day of the comment period
specified in Section 8.3.8(b), above;
(3) The application involves a preliminary
long plat application under Section 7.4
of this Code. In such cases, the
application shall be approved,
disapproved, or returned to the
applicant for modification or correction
within ninety (90) days from the date of
the determination of completeness; or
(4) The application involves a final short
plat application under Section 7.3 of
this Code, or a final long plat
application under Section 7.4 of this
Code. In sùch cases, the application
shall be approved, disapproved or
returned to the applicant within thirty
(30) days from the date of the
determination of completeness.
Unified Development Code
Section 8 . Permit Application and Review Procedures/SEPA Implementation
8-17
SECTION 8, PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
8-18
e.
Calculation of Time Periods for Issuance
of Notice of Final Decision. In determining
the number of calendar days that have
elapsed since the determination of
completeness, the following periods shall be
excluded:
(1) Any period during which the applicant
has been requested by the county to
correct plans, perform studies, or
provide additional information. The
period shall be calculated as set forth
in Section 8.2.3(f)(2), above.
(2) If substantial project revisions are
made or requested by an applicant,
the one hundred and twenty (120)
calendar days will be calculated from
the time the county determines the
revised application is complete and
issues a new determination of
completeness.
(3) All time required for the preparation of
an environmental impact statement
(EIS) following a determination of
significance (DS) pursuant to Chapter
43.21 RCW.
(4) Any period for open record and/or
closed record appeals of project
permits under Section 8.5.1, below;
provided however, that the time period
for the hearing and decision shall not
exceed a total of ninety (90) calendar
days for an open record appeal
hearing or sixty (60) calendar days for
a closed record appeal hearing.
(5) Any extension of time mutually agreed
upon by the County and the applicant.
(6) Any time required for the preparation of
an Administrator's code interpretation
pursuant to Section 8.6.
The time limits established in this Section 8
do not apply if a project permit application:
(1) Requires an amendment of the
Jefferson County Comprehensive Plan
or this Unified Development Code; or
(2) Requires approval of the siting of an
essential public facility as provided in
RCW 36.70A.200.
Notice to Applicant. If the county is unable
to issue its final decision on a project permit
application within the time limits provided for
in this Section 8, it shall provide written
notice of this fact to the project applicant.
The notice shall include a statement of
reasons why the time limits have not been
f.
g.
met and an estimated date for issuance of
the notice of decision.
h. Effective Date. The final decision of the
Administrator, Hearing Examiner, Appellate
Hearing Examiner or Board of County
Commissioners shall be effective on the date
stated in the decision, motion, resolution or
ordinance; provided, however, that the
appeal periods shall be calculated from the
date of the land use decision, as further
provided in 8.5.1 (d), below.
8.5 Appeals.
1. Administrative Appeals. In the absence of a
specific right of appeal authorized under this
UDC, there shall be no right to administrative
appeals.
a. Type I Permits. Decisions of the
Administrator on Type I permits and
decisions regarding the appropriate permit
process to be used for discretionary
conditional use permit applications (Le.,
"C(d)" uses listed in Table 3-1) under Section
8.8.4(b), below, are not appealable to the
Hearing Examiner. However, administrative
code interpretations may be appealed as set
forth in Section 8.6, below.
b. Type II Permits.
(1) The Administrator's final decision on a
Type II permit application may be
appealed by a party of record to the
Hearing Examiner for an open record
appeal hearing as further set forth in
Section 8.4.3, above. The responsible
official's SEPA determination of
nonsignificance (DNS) or mitigated
determination of nonsignificance
(MDNS) may also be appealed by a
party of record to the Hearing
Examiner for an open record appeal
hearing. Administrative appeals of a
DS or draft or final EIS are not
allowed. Closed record appeals of
Type II permit decisions (Le., to the
Appellate Hearing Examiner) are not
allowed:
(2) All appeals of Type II permit decisions
must be in writing, conform with the
procedures for appeal set forth in
Section 8.5.1 (e), below, and be filed
within fourteen (14) calendar days
after the notice of decision is issued.
Appeals of environmental determina-
tions under SEPA, except for a
determination of significance (DS),
shall be consolidated with any open
Unified Development Code
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SECTION 8' PERMIT ApPLICATION AND REVIEW PROCEOURES/SEPA IMPLEMENTATION
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record hearing on the project permit.
(See RCW 36.70B.11 0 (6)(d».
c. Type III Permits.
(1) The responsible official's ONS or
MONS may be appealed to the Hearing
Examiner by the applicant or anyone
commenting on the environmental
impacts of the proposal (as further set
forth in Section 8.10.9, below). The
appeal must be in writing, in
conformance with Section 8.5.1 (e), and
be filed within fourteen (14) calendar
days after the threshold determination
is issued' as set forth in Section
8.5.1(d) below. Appeals of environ-
mental determinations under SEPA,
shall be consolidated with any open
record hearing on the project permit.
(See RCW 36.70B.110(6)(d». Admini-
strative appeals of a OS or draft or final
EIS are not allowed.
(2) The Hearing Examiner's decision on a
Type III permit (including its decision
on the underlying project and any
decision on a SEPA appeal) may be
appealed by a party of record to the
Appellate Hearing Examiner. Any such
appeal must be in writing, in
conformance with Section 8.5.1 (e),
below., and be filed within fourteen (14)
calendar days after the notice of
decision is issued pursuant to Section
8.5.1(d), below.
d. Calculation of Appeal Periods. The appeal
periods shall be calculated as of the date
the notice of decision is published or, for
appeals involving a SEPA determination,
from the date the decision is issued pursuant
to WAC 197-11-340(2)(d).
e. Procedure for Appeals.
(1) A notice of appeal shall be delivered to
the Administrator by mail or by
personal delivery, and must be
received by 4:00 p.m. on the last
business day of the appeal period, with
the required appeal fee pursuant to the
Jefferson County Fee Ordinance.
(2) The notice of appeal shall contain a
concise statement identifying:
i. The decision being appealed
and the identification of the
application which is the subject
of the appeal;
The name, address, and phone
number of the appellant and
his/her interest in the matter.
",.......
ii.
iii. Appellant's statement describing
standing to appeal (i.e., how he
or she is affected by or
interested in the decision);
iv. The specific reasons why the
appellant believes the decision
to be wrong. The appellant shall
bear the burden of proving the
decision was wrong;
The desired outcome or changes
to the decision; and
vi. A statement that the appellant
has read the appeal and
believes the contents to be true,
signed by the appellant.
(3) Any notice of appeal not in full
compliance with this Section shall not
be considered.
2. Judicial Appeals.
a. Time to File Judicial Appeal. The applicant
or any aggrieved party may appeal from the
final decision of the Administrator, Hearing
Examiner, Appellate Hearing Examiner or
any other final decisions as specifically
authorized to the Jefferson County Superior
Court within twenty-one (21) calendar days
of the date of the issuance of the land use
decision, as defined by the Land Use
Petition Act, Chapter 36.70C.O40(4), unless
another time period is established by
superseding state law or local ordinance. All
appellants must timely exhaust all
administrative remedies prior to filing a
judicial appeal.
b. Service of Appeal. Notice of appeal and
any other pleadings required to be filed with
the court shall be served by delivery to the
County Auditor (see RCW 4.28.080), and all
persons identified in RCW 36.70C.040,
within the applicable time period. This
requirement is jurisdictional.
c. Cost of Appeal. The appellant shall be
responsible for the cost of transcribing and
preparing all records ordered certified by the
court or desired by the appe'liant for the
appeal. Prior to the preparation of any
records, the appellant shall post an advance
fee deposit in an amount specified by the
County Auditor with the County Auditor. Any
overage will be promptly returned to the
appellant.
d. land Use Petition Act. The Land Use
Petition Act, 36.70C RCW shall govern
judicial review of land use decisions.
v.
Unified Development Code
Section 8 . Permit Application and Review ProcedureslSEPA Implementation
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SECTION 8' PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Unified Development
Interpretation.
1. Purpose. An interpretation of the provisions of
this Unified Development Code is intended to
clarify conflicting or ambiguous wording, interpret
proper classification of a use, or interpret the
scope or intent of the provisions of this Code;
provided, however, that interpretations of the
provisions adopted under the Jefferson County
Building Code Ordinance, No. 03-0713-98, or its
successor ordinance may not be requested under
this Section 8.6. An interpretation of the
provisions of this Code may not be used to
amend the Code. Further, code interpretations
are not considered a project permit action subject
to "typing" and the public notice requirements
contained in Sections 8.1 through 8.5 of this
Section 8.
2. Submission Requirements.
a. Who May Request Interpretation. Any
person may request a written interpretation
of the provisions of this Code. Additionally,
the Administrator may issue an interpretation
on the Administrator's own initiative.
b. Submittal Requirements. Any person
requesting an interpretation of this Code
shall submit a written request specifying
each provision of the Code for which an
interpretation is requested, why an
interpretation of each provision is necessary,
and any reasons or materials in support of a
proposed interpretation. The applicant shall
pay the fee set forth in the Jefferson County
Fee Ordinance or an Administrator's
interpretation.
c. Factors for Consideration. In making an
interpretation of the provisions of this Code,
the Administrator should consider the
following, as applicable:
(1) The applicable provisions of this Code,
including its purpose and context;
(2) The implications of the interpretation
for development within the county as a
whole, including the precedent the
interpretation will set for other
applicants; and
(3) Consistency with the Jefferson County
Comprehensive Plan and other
relevant ordinances and policies. .
d. Conflicts with Other Regulations. Where
conflicts occur between the provisions of this
Code and the Jefferson County Building
Code Ordinance, No. 03-0713-98, or its
successor ordinance, or other regulations of
the county, the more restrictivE~ shall apply. If
8.6
Code
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any conflict between the land use districts
map and the text of this Code ensue, the text
of this Code shaH prevail.
3. Administrator's Decision.
a. The DCD Administrator's decision on a
request for an interpretation shall include the
name of the applicant, the description of the
subject proposal, the language of the
provisions of this Code subject to
interpretation, the explanation of the DCD
Administrator's interpretation, and any other
necessary information reasonably related to
the proposal.
b. Response to Written Request. The DCD
Administrator shall mail a written response to
any person filing a written request to
interpret the provisions of this Code within
twenty-eight (28) calendar days of having
received the request; provided, however,
that when a request is made by a permit
applicant while a project is pending and after
a determination of completeness has been
issued, the permit applicant must agree to
waive the time frame required under Section
8.4 of this Code to allow for preparation of
the interpretation, and any changes to the
project that the interpretation might require.
4. Time Limitation and Enforcement.
a. Time Limitation. An interpretation of this
Code remains in effect unless and until
rescinded in writing by the Administrator, or
superseded by a formal amendment under
Section 9.9 of this Code.
b. Enforcement. An interpretation of this Code
issued in accordance with this Section 8.6
may be enforced in the same manner that
any provision of this Code is enforced (see
Section 10, below). All written interpretations
of this Code, with a current index of such
interpretations shall be maintained by DCD
and made available for public inspection.
5. Appeals of Administrator's Interpretations.
When an interpretation is made in response to a
written request pursuant to the provisions of this
Section 8.6, the person filing the written request
may appeal the decision of the Administrator to
the Hearing Examiner within fourteen (14)
calendar days of the decision using the process
for appeals of Type II permit decisions as set
forth in Section 8.5.1, above. The fee for such
appeal shall be as set forth in the Jefferson
County Fee Ordinance and must be paid by the
appellant at the time of filing the appeal.
6. Judicial Appeal. Appeals from the final decision
of the Hearing Examiner shall be made to the
Jefferson County Superior Court within twenty-
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8-20
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
one (21) calendar days of the date the decision
or action becomes final, as set forth in Section
8.5.2, above. All appeals must conform to the
provisions of Section 8.5.2, above, and are
subject to the requirements set forth in that
Section.
,-
Site Plan Approval Advance
Determinations.
1. Purpose. The purpose of this section is to allow
prospective buyers, owners or developers of land
a means to obtain advance determinations of the
site requirements and constraints to particular
parcels without undertaking the risk or expense
of applying for a "triggering" building or other
development permit. It is intended to reduce the
cost of development and aid in the facilitation of
pre-development financing for applicants.
2. . Scope. All "Yes" uses identified in Table 3-1 of
this Code, or classified as such by the
Administrator pursuant to Section 3.2 of this
Code, that require issuance of a building permit
are eligible to obtain site plan approval advance
determination. Advanced site plan approval may
be granted without an accompanying building or
development permit only upon completion of an
administrative review process to ensure
consistency with the performance standards of
Section 4, the development standards of Section
6 and other applicable requirements of the UDC.
The decision of the Administrator regarding site
plan review may be appealed only as part of an
appeal of an underlying building or other
construction or development permit decision.
3. Application Requirements. Each application for
site plan approval advance determination shall
include the information required by Section 8.2.2
(a) and must identify the specific proposed use of
the property for which the application is being
submitted. Any commercial, industrial, small-
scale recreational and tourist use, or multifamily
residential use listed as a "YES" use in Table 3-1
or classified as such by the Administrator, that
seeks site plan approval advance determination
under this section 8.7 shall also be subject to the
additional application submittal requirements of
Section 8.2.2(b) and the pre-application
conference requirements of section 8.2.1. The
Administrator may require additional information
subject to the specific submittal requirements of
8.2.2(c) and (d), where determined by the
Administrator to be necessary for review ot a site
plan approval advance determination application.
For the purposes of meeting the requirements of
this Section 8.7, the application requirements of
Section 8.2.2(a)(7) shall be interpreted to require
the submittal of soil logs and other applicable
information pursuant to WAC 246-272-11001 and
8.7
,-
the Jefferson County Code necessary to
determine compliance with the Jefferson County
Health Department regulations regarding on-site
septic disposal.
The Administrator may waive specific submittal
requirements determined to be unnecessary for
review of a site plan approval advance
determination application.
4. Application Review. Review of applications for
site plan review shall be as follows: .
a. Review Procedures. When the
Administrator determines that an application
is technically complete, as defined in Section
8.2.3, the application shall be processed as
a Type I permit under procedures specified
in Section 8.4.
b. Referral and Review of Application. The
Administrator shall transmit a copy of the
application, or appropriate parts of the
application, to affected agencies and county
departments for review and comment.
5. Approval Criteria. Site plans shall be approved
upon showing that all of the following have been
satisfied:
a. The proposed site plan conforms to all
applicable county, state and federal, land
use, environmental and health regulations
and plans, including, but not limited to the
following:
(1) The Jefferson County Comprehensive
Plan; and
(2) The provisions of this Code, including
. any incorporated standards.
b. Adequate provisions for utilities and other
public services necessary to serve the needs
of the proposed site plan have been
demonstrated, including open spaces,
drainage ways, roads, and other public
ways, potable water, sewage disposal, fire
flow and other improvements;
c. The probable significant adverse
environmental impacts of the proposed site
plan, together with any practical means of
mitigating adverse impacts, have been
considered such that the proposal will not
have an unacceptable adverse effect upon
the quality of the environment, in accordance
with the State Environmental Policy Act
(SEPA) implementing provisions contained
within Section 8 of this Code and Chapter
43.21 C RCW;
d. Approving the proposed site plan will serve
the public use and interest and adequate
provision has been made for the public
health, safety and general welfare.
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6. Duration of Approval. Approval of the site plan
shall be effective for three (3) years from the date
of original approval by the Administrator. If a
building permit has not been issued within the
three (3) year period, the site plan approval shall
expire. An expired site plan approval advance
determination cannot be revived or extended
except by new application that must meet all
then-existing criteria and conditions listed in this
Section. Knowledge of the expiration date and
shall be the responsibility of the applicant. The
County will not provide notification prior to
expiration.
7. Limitations On Approval. Approval of the site
plan shall not guarantee the performance of
specific site features or improvements (e.g.,
wells, septic systems, stormwater drainage
facilities, etc.) and shall not be immune from
changes in state or federal laws which are
enacted or have an effective date after the date
of the site plan approval advance determination
and which may affect the performance and
implementation of the site plan and associated
use or activity. Any subsequent land division or
boundary line adjustment of a parcel or lot which
has received site plan approval advance
determination under this section 8.7 shall void
such site plan approval and require a new site
plan approval advance determination application.
Approval of a site plan under this section does
not constitute authority to commence any
development or building activity until such time as
final authorizing permits are issued (e.g., septic,
wells, stormwater management, or building
permits, etc.).
8. Modifications to An Approved Site Plan.
a. Minor modifications to a previously approved
site plan under this section 8.7, may be
requested by the applicant and approved by
the Administrator subject to the provisions
for Type I decisions, provided that the
modification does not involve any of the
following:
(1) A change of proposed land use to one
other than that approved for the
original site plan;
(2) The location or relocation of a road or
street (excluding driveways, internal
parking or accessways);
(3) An adjustment that crosses land use
district boundaries where. the
Administrator reasonably believes that
the adjustment is intended to serve as
a rationale for a future site-specific
land use district re-designation
application;
8.8
1.
2.
-/
b.
(4) The creation of an additional lot, tract
or parcel;
(5) Would create a site plan for a parcel
that does not qualify as a building site
pursuant to this Code;
(6) Would make the site plan inconsistent
with any restrictions or conditions of
approval for a recorded short plant,
long plat, boundary line adjustment, or
binding site plan.
Before approving such an amendment, the
Administrator sh.all make written findings and
conclusions documenting the following
conditions:
(1) The modification will not be
inconsistent or cause the site plan to
be inconsistent with the decision of the
county preliminarily approving the
application;
(2) The modification will not violate the
intent of the original conditions of
application approval; and
(3) The modification will not cause the site
plan approval advance determination
to violate any applicable county policy
or regulation.
Modifications that involve the circumstances
described in 8.7.8(a), above, or exceed the
criteria set forth in Section 8.7.8(b), above,
shall be processed as a new site plan
approval advance determination application.
Conditional Uses.
-/
c.
Purpose. The purpose of the conditional use
permit process is to provide flexibility in the
application of the use regulations contained in
this code in order to accommodate uses that may
be appropriate in an established district under
certain circumstances, but inappropriate in the
same district under others. At the time of
application, a review of the location, design,
configuration, and potential impact of the
proposed use shall be conducted by comparing
the use to the goals and policies established in
the Jefferson County Comprehensive Plan and to
adopted development standards. This review
shall determine whether the proposed use should
be permitted by weighing the public need or the
benefit to be derived from the use, against the
impact that it may cause.
Scope. This. Section 8.8 shall apply to each
application for a conditional use permit. Only
those uses indicated by a "C(a)," "C(d)" or "C"
opposite the use in Table 3-1 of this Code will be
considered for a conditional use permit.
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3. Application Submittal and Contents.
a. The application for a conditional use permit
shall be submitted to DCD on forms provided
by the department, along with the
appropriate fees established under the
Jefferson County Fee Ordinance. The
application shall include all materials
required pursuant to Section 8.2.2 of this
Section 8.
b. The Administrator may waive specific
submittal requirements determined to be
unnecessary for review of an application.
4. Conditional Use Permit Types - Review
Processes.
a. Applications for uses listed as an
administrative conditional use permit (Le.,
"C(a)") in Table 3-1 of this Code shall be
processed according to the procedures for
Type II land use decisions established in
Section 8.4.
b. Applications for uses listed as discretionary
conditional use permits (i.e., "C(d)") in Table
3-1 of this Code shall, at a minimum, be
processed according to the procedures for
Type II land use decisions established in
Section 8.4. However, in accordance with
this Section 8.8.4(b), the Administrator may
on a case-by-case basis refer a discretionary
conditional use permit application to the
Hearing Examiner to be processed
according to the procedures for Type III land
use decisions established in Section 8.4.
(1) Required Findings. Prior to referring
an application for a use listed as "C(d)"
in Table 3-1 to the Hearing Examiner,
the Administrator shall make one of
the following findings:
L In the exclusive, discretionary
judgment of the Administrator,
the application involves
potentially significant issúes
relating to location, design,
configuration, and potential
impacts to surrounding
properties and the community
that can be more appropriately
considered. and addressed
through an open public record
pre-decision hearing before the
Jefferson County Hearing
Examiner; or
In the exclusive. discretionary
judgment of the Administrator,
the application seeks approval of
a use involving complex legal
ii.
-
issues necessitating. spedal
expertise in the decision-maker.
(2) Timing. The Administrator shall
determine whether or not to refer an
application to the Hearing Examiner,
for a public hearing, concurrent with
the determination of completeness
required under Section 8.2.3(a),
above.
(3) Discretion of the Administrator. The
Administrator's decision to refer an
application to the Hearing Examiner
under this Section 8.8.4(b) to be
processed as a Type III application
shall be for the purpose of affording
maximum fairness in decision-making
and procedural due process
protection, and shall not affect the
substantive applicability of local, state
or federal policies or law applicable to
any permit application. The decision to
refer any application to the Hearing
Examiner to be processed as a Type
III application rests exclusively within
the discretion of the Administrator.
(4) No Notice or Hearing Required.
Because the Administrator's decision
to refer (or not to refer) an application
for a use listed as "C(d)" in Table 3-1
to the Hearing Examiner for a public
hearing rests solely in the
Administrator's discretion, the county is
not required to provide prior notice of
the Administrator's decision. The
Administrator shall not be required to
hold a public hearing on such a
decision. The decision of the
Administrator made pursuant to this
Section 8.2.4(b) shall not constitute an
appealable administrative decision.
c. Applications for uses listed as a "C" in Table
3-1 of this Code shall be processed
according to the procedures for Type III land
use decision established in Section 8.4.
5. Approval Criteria for All Conditional Uses.
a. The county may approve or approve with
modifications an application for a conditional
use permit (Le., uses listed in Table 3-1 as
"C(a)," "C(d)" or "C") if all of the following
criteria are satisfied:
(1) The conditional use is harmonious and
appropriate in design, character and
appearance with the existing or
intended character and quality of
development in the vicinity of the
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
subject property and with the physical
characteristics of the subject property;
(2) The conditional use will be served by
adequate infrastructure including
roads, fire protection, water,
wastewater disposal, and storm water
control;
(3) The conditional use will not be
materially detrimental to uses or
property in the vicinity of the subject
parcel;
(4) The conditional use will not introduce
noise, smoke, dust, fumes, vibrations,
odors, or other conditions or which
unreasonably impact existing uses in
the vicinity of the subject parcel;
(5) The location, size, and height of
buildings, structures, walls and fences,
and screening vegetation for the
conditional use will not unreasonably
interfere with allowable development
or use of neighboring properties;
(6) The pedestrian and vehicular traffic
associated with the conditional use will
not be hazardous to existing and
anticipated traffic in the vicinity of the
subject parcel;
(7) The conditional use complies with all
other applicable criteria and standards
of this Code and any other applicable
local, state or federal law; and more
specifically, conforms to the standards
contained in Sections 4 and 6 of this
Code;
(8) The proposed conditional use will not
result in the siting of an incompatible
use adjacent to an airport or airfield;
(9) The conditional use will not cause
significant adverse impacts on the
human or natural environments that
cannot be mitigated through conditions
of approval;
(10) The conditional use has merit and
value for the community as a whole;
(11) The conditional use is consistent with
all relevant goals and policies of the
Jefferson County Comprehensive
Plan; and
(12) The public interest suffers no
substantial detrimental effect.
Consideration shall be given to the
cumulative effect of similar actions in
the area.
...../
b. In instances where all of the above findings
cannot be made, the application shall be
denied.
6. Additional Conditions. The county may impose
additional conditions on a particular use if it is
deemed necessary for the protection of the
surrounding properties, the neighborhood, or the
general welfare of the public. The conditions
may:
a. Increase requirements in the standards,
criteria or policies established by this Code;
b. Stipulate an exact location for the conditional
use on the subject property as a means of
minimizing hazards to life, limb, property
damage, erosion, landslides or traffic;
c. Require structural features or equipment as
a means of minimizing hazards to life, limb,
property damage, erosion, landslides or
traffic; or
d. Contain restrictions or provisions deemed
necessary to establish parity with uses
permitted in the same zone with respect to
avoiding nuisance generating features in
matters of noise, odors, air pollution, wastes,
vibration, traffic and physical hazards.
7. Use of Property Before Final Decision. No
building permit shall be issued for any use
involved in an application for approval for a
conditional use permit until the conditional use
permit is approved and becomes effective.
8. Effective Period - Expiration.
8. A conditional use permit automatically
expires and becomes void if the applicant
fails to file for a building permit or other
necessary development permit within three
(3) years of the effective date (the date of the
decision granting the permit) of the permit
unless the permit approval provides for a
greater period of time.
b. Extensions to the duration of the original
permit approval are prohibited.
c. The Department of Community Development
shall not be responsible for notifying the
applicant of an impending expiration.
9. Modification of a Conditional Use Permit. The
county may modify an approved conditional use
permit as follows: the county may delete, modify
or impose additional conditions upon finding that
the use for which the approval was granted has
been intensified, changed or modified by the
property owner or by person(s) who control the
property without approval so as to significantly
impact surrounding land uses. A modification will
be processed as a Type II land use decision
-/
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SECTION 8. PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
~
pursuant to Section 8.4.2 of this Code.
10. Conditional Use Permit to Run with the Land.
A conditional use permit granted under this
Section 8.8 shall continue to be valid upon a
change of ownership of the site, business,
service, use or structure that was the subject of
the permit application. No other use is allowed
without approval of an additional conditional use
permit.
11. Permit Suspension or Revocation. The county
may suspend or revoke an approved conditional
use permit pursuant to Section 10 of this Code
only upon finding that:
a. The use for which the approval was granted
has been abandoned for a period of at least
one {1} year;
b. Approval of the permit was obtained by
misrepresentation of material fact; or
c. The permit is being exercised contrary to the
terms of approval. .
12. Assurance Device. In appropriate circum-
stances, the Administrator may require a
reasonable performance or maintenance
assurance device, in a form acceptable to the
county prosecutor, to assure compliance with the
provisions of this Code and the conditional use
permit as approved.
8.9 Variances (Minor and Major).
1. Purpose. The purpose of this Section 8.9 is to
ensure that all persons and their property are
guaranteed equal rights and opportunities under
similar circumstances. A variance is never to be
used to endow certain persons or property with
special privileges denied to all others under
similar circumstances. Variances may only be
granted for dimensional, area and bulk
requirements (e.g., height, setbacks, yard size,
lot coverage, frontage, floor area and the like)
specified by this Code.
2. Scope. This Section 8.9 shall apply to all
applications for variances from the provisions of
this Code, except for reasonable economic use
variances and environmentally sensitive area
buffer width reductions, which shall be governed
by the provisions of Section 3.6.4, of this Code.
3. Application Submittal and Contents.
a. The application for a variance shall be
submitted to DCD on forms provided by the
department, along with the appropriate fees
established under the Jefferson County Fee
Ordinance. The application shall include all
materials required pursuant to Section 8.2.2
of this Section 8.
~
b. The Administrator may waive specific
submittal requirements determined to be
unnecessary for review of an application.
4. Variance Types - Review Processes. The
following are subject to this permit review
process:
a. Minor and Major Variances Distinguished.
(1) Minor variances include variances that
would permit expansion of an existing
building which would extend no more
than ten (10) percent beyond the
dimensional, area and bulk
requirements specified by this Code.
Minor variances also include variances
to allow expansion of an existing
building that is nonconforming as to
setback or lot coverage requirements
when the proposed expansion would
not:
i.
Increase the nonconformity of
the building; and
Result in any portion of the
building or expansion being
located closer to an abutting
property line than does the
existing building at its nearest
point to the property line.
(2) Major variances include all other
variances (i.e., all variances not
described in Section 8.9.4(a)(1},
above}.
b. Minor Variances. Applications for minor
variances shall be processed according to
the procedures for Type II land use decisions
established in Section 8.4.2 of this Code.
c. Major Variances. Applications for major
variances shall be processed according to
the procedures for Type III land use
decisions established in Section 8.4.
5. Approval Criteria. A variance may be granted
only if the applicant demonstrates all of the
following: .
a. The variance will not constitute a grant of
special privilege inconsistent with the
limitation upon uses of other properties in the
vicinity and land use district in which the
subject property is located;
b. The variance is necessary because of
special circumstances relating to the size,
shape, topography, location or surroundings
of the subject property, to provide it with use
rights and privileges permitted to other
properties in the vicinity and in the land use
district in which the subject property is
located;
ii.
Unified Development Code
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SECTION 8, PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
c. The granting of the variance will not be
materially detrimental to the public welfare or
injurious to the property or improvements in
the vicinity and land use district in which the
subject property is located;
d. The special circumstances of the subject
property make the strict enforcement of the
provisions of this code an unnecessary
hardship to the property owner;
e. The special circumstances are not the result
of the actions of the applicant; and
f. The variance is consistent with the purposes
and intent of this Unified Development Code.
6. Additional Conditions. In granting any variance,
the decision-maker may prescribe appropriate
conditions and safeguards to assure that the
purpose and intent of this Code will not be
violated.
7. Limitation on Authority. The Administrator or
Hearing Examiner (as applicable) may not grant
a variance under this Section 8.8 for the
following:
a. The provisions of this Code establishing
allowed, conditional, discretionary and
prohibited uses within the various land use
districts (i.e., Table 3-1, above);
b. The density provisions of this Code;
c. The procedural or administrative provisions
of this Code; or
d. Any provision of this Code which, by its
terms, is not subject to a variance.
8. Effective Period - Expiration.
a. A variance approval automatically expires
and becomes void if the applicant fails to file
for a building permit or other necessary
development permit within three (3) years of
the date of the decision granting the variance
unless the variance approval provides for a
greater period of time.
b. Extensions to the duration of the original
variance approval are prohibited.
c. The Department of Community Development
shall not be responsible for notifying the
applicant of an impending expiration.
9. Assurance Device. In appropriate
circumstances, the Administrator or Hearing
Examiner (as applicable) may require a
reasonable performance or maintenance
assurance device, in a form acceptable to the
prosecuting attorney, to assure. compliance with
the provisions of this title and the variance as
approved.
8-26
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8.10 State Environmental Policy Act
(SEPA) Implementation.
1. Authority.
a. This section contains county procedures and
policies implementing the State
Environmental Policy Act (SEPA) (Chapter
43.21 C RCW). Jefferson County adopts this
Section 8.10 under RCW 43.21C.120, as
amended, and WAC 197-11-904.
b. SEPA Rules - Adoption by Reference.
The county hereby adopts by reference the
SEPA Rules, WAC Chapter 197-11. The
SEPA Rules must be used in conjunction
with this Section 8.10. This Section contains
uniform usage and definitions of terms under
SEPA and the SEPA Rules. The county
adopts by reference the definitions in WAC
197-11-700 et seq., as supplemented by
Section 2 of this Code.
2. Purpose. The purpose of this Section 8.10 is to
adopt regulations that implement SEPA,
'consistent with the SEPA Rules. This is
accomplished by ensuring that:
a. Environmental values are considered in
making land use and agency decisions, and
reasonable alternatives and conditions are
identified and implemented to mitigate (as
provided in this Section) the adverse
environmental impacts of proposed actions
on the environment;
b. Adequate and timely environmental
information is gathered and provided to
decision-makers, and procedural delay and
duplication is avoided; and
c. Opportunity for public involvement is
included in the decision-making process.
3. Responsible Official Decision-Making
Authority.
a. The responsible official shall be the
Administrator.
b. For those proposals for which the county is
the lead agency, the' responsible official is
vested with authority to and shall make the
threshold determination, determine an
exemption (if any), supervise scoping and
preparation of any required environmental
impact statement (EIS), administer the SEPA
Rules and this Section 8.10, and perform
any other functions assigned to the "lead
agency" or "responsible official" by the SEPA
Rules.
c. The responsible official shall be responsible
for the written comments of the county in
response to a consultation request:
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4.
(1) Prior to issuance of a threshold
determination;
For participation in scoping; or
For review of a draft environmental
impact statement (DEIS).
d. The Department of Community Development
(DC D) shall maintain all documents required
by SEPA Rules and make them available in
accordance with the Chapter 42.17 RCW
(the Disclosure - Campaign Finances -
Lobbying Records Act).
Lead Agency Determination
Responsibilities.
a. The county department receiving application
for or initiating a proposal that includes a
non-exempt action shall determine the lead
agency for the proposal under WAC 197-11-
050 and WAC 197-11-922 through 197-11-
940, unless lead agency has been previously
established.
b. When the county is lead agency, the
responsible official shall supervise
compliance with threshold determination
requirements. If an EIS is required, that
official shall supervise preparation of the
EIS.
c. When the county is not lead agency, the
county shall use and consider the
determination of non-significance (DNS),
mitigated determination of non-significance
(MONS), or final environmental impact
statement (FE IS) of the lead agency in
making decisions on the proposal. Unless
required under WAC 197-11-600 no DNS or
EIS in addition to that issued by the lead
agency shall be prepared. The county may,
howev~r, conduct supplemental
environmental review under WAC 197-11-
600.
d. If the county receives a lead agency
determination that appears inconsistent with
criteria contained in WAC 197-11-922
through 197-11-940, it may object to the
determination. Objection must be made to
the agency that made the determination and
must be resolved within fifteen (15) calendar
days of receipt of the determination, or the
county must petition the department of
ecology for lead agency determination under
WAC 197-11-946 within the fifteen (15)
calendar day period. The responsible official
may initiate any such petition on behalf of
the county.
e. Any county department making lead agency
determination for a private proposal shall
(2)
(3)
and
,...
,.....
require sufficient information to identify all
other agencies with jurisdiction over the
proposal.
5. Initiation of SEPA Review; Limitations on
Actions During Review.
a. Initiation of Review. The county's SEPA
process begins when a permit application is
submitted to the county, or when the county
proposes to take an official action as defined
in WAC 197-11-704.
b. LImitations on Actions during SEPA
Process. Until the responsible official issues
a final DNS or FE IS and the SEPA appeal
period has lapsed, the county shall not take
any project action (issuing permits,
approvals, etc.) on a non-exempt project, or
take any nonproject action (decisions on
policies, plans, programs, etc.), that would
have an adverse environmental impact or
would limit the choice of reasonable
alternatives.
6. Categorically Exempt Actions; Use of Existing
Documents and Analyses.
a. Categorically Exempt Levels.
(1) Except as set forth in Section 8.10.6 (a)
(2), below, Jefferson County adopts and
incorporates by reference the
categorical exemption levels set forth in
WAC 197-11-800.
(2) Pursuant to WAC 197-11-800 (1) (c) (v),
the maximum exempt level for any
landfill or excavation activity in Jefferson
County shall be five hundred (500) cubic
yards.
b. Categorically Exempt Actions. Actions
categorically exempt under Section
8.10.6(a), above, do not require review
under this Section 8.10 or the preparation of
an environmental impact statement, and may
not be conditioned or denied under SEPA,
except as provided in WAC 197-11-305 and
Section 8.10.6(c), below.
c. Use of Exemptions.
(1) The responsible official will determine
the applicability of a categorical
exemption. The determination by the
responsible official that a proposal is
exempt from SEPA is final. None of
the procedural requirements of this
Section 8.10 (except as provided in
WAC 197-11-305 and this Section
8.10.6(c) apply to an exempt proposal.
(2) If a proposal includes exempt and non-
exempt actions, the responsible official
Unified Development Code
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8-28
(3)
shall determine the lead agency
pursuant to WAC 197-11-050.
If a proposal includes exempt and non-
exempt actions, the county may
authorize exempt actions prior to
compliance with procedural
requirements of this Section 8.10,
except as provided in Section
8.1 0.6(c)(4) through (7), below.
Consistent with WAC 197-11-070,
197-11-305 and 197-11-800, the
county may not authorize the use of
exemptions for:
i. Actions that are not exempt;
Ii. Any action that would have an
adverse environmental impact;
iii. A series of exempt actions that
are physically or functionally
related which together would
result in a probable significant
adverse environmental impact
for the overall project; or
iv. Any action that would limit
choice of alternatives.
The county may withhold approval of
an exempt action that would lead to
modification of the physical environ-
ment when such modification would
serve no purpose if non-exempt
action(s) were not approved [see WAC
197-11-305(1 )(b )(i)].
The county may withhold approval of
exempt actions that would lead to
substantial financial expenditures by a
private applicant when the
expenditures would serve no purpose
if the non-exempt action(s) were not
approved (see WAC 173-806-060).
Actions identified as categorically
exempt from SEPA under 197-11-800
shall remain exempt under SEPA even
when located in one (1) or more of the
environmentally sensitive areas
(ESAs) classified, designated and
mapped under Section 3.6.4 of this
Code. However, the categorical
exemptions listed in WAC 197-11-800
shall not apply when undertaken
wholly or partly on lands covered by
water, regardless of whether or not
such lands are mapped as ESAs.
Proposals in areas subject to this
Section 8.10.6(c)(7) shall require
environmental review and a threshold
determination, and may be conditioned
or denied under this Section 8.10 (see
(4)
(5)
(6)
(7)
.....,/
WAC 197-11-756, 197-11-800, and
197-11-908).
d. Use of Existing Documents and Analyses.
Procedures for the use, adoption, or
incorporation of existing documents and
analyses are provided in WAC 197-11-600,
197-11-610,197-11-630, and 197-11-635.
e. Planned Actions.
(1) The county may, as part of its planning
processes, elect to perform or have
performed for it in advance of any
development proposal, the
environmental review and analysis for
certain actions and their probable
impacts. These "planned actions" must
be so designated by ordinance or
resolution adopted by the county after
the analysis of the actions and their
impacts has been completed.
(2) Planned actions must be located in an
urban growth area, a master planned
resort (MPR), or a fully contained
community, and meet the additional
requirements contained in RCW
43.21 C.031 (2)(a).
(3) The analysis must be sufficient to
identify and analyze all probable
significant impacts and most non-
significant impacts of the actions, and
to identify (and. optionally, provide) to
a great extent the mitigation necessary
(i.e., the significant impacts must be
"adequately addressed" in an
environmental impact statement).
(4) As a result of the analysis in Sections
8.10.6(e)(1) and (3), above, a
development proposal being prepared
under a planned action does not
require a threshold determination or
the preparation of an environmental
impact statement, but is subject to a
full environmental review of its impacts
and full requirements for mitigation as
identified and specified by the review
for the planned action in subsection
8.10.6(e)(3), above.
(5) If the environmental review identifies
additional impacts not addressed by
the planned action, a checklist and
threshold determination shall be
required.
7. Analysis of Non-Exempt Project and Non-
Project Actions. The procedures and
requirements in this Section apply equally to
project and non-project actions.
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SECTION 8' PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
a.
Submittal of Environmental Checklist.
(1) A completed environmental checklist
shall be submitted with any application
for a permit or approval not specifically
exempted as per Section 8.10.6(a),
above. However, a checklist is not
required if the county and applicant
agree that an EIS is required, if SEPA
compliance has been completed, or if
SEPA compliance has been initiated
by another agency. The county shall
use the checklist to determine lead
agency and to make the threshold
determination if the county is lead
agency.
(2) Applicants for private proposals shall
complete the checklist, and the county
shall provide assistance as
appropriate. For county proposals, the
department initiating the proposal shall
complete the checklist.
Review of Project Impacts. The
responsible official shall review the checklist,
other information about a project, and the
applicable regulations to review the
environmental impacts of the project and
make a threshold determination. In making
this review the responsible official may
determine:
(1) All of the project's specific adverse
environmental impacts have been
adequately identified and analyzed. If
not, additional studies and analyses
may be required; and
(2) Some or all of the specific adverse
environmental impacts have been
adequately addressed and mitigated in
this UDC and other development
regulations adopted by Jefferson
County, the Comprehensive Plan, or in
other applicable local, state, or federal
laws and rules by:
i. Avoiding or otherwise mitigating
the impacts; or
The county has designated as
acceptable certain levels of
service, land-use designations,
development standards, or other
land-use planning required or
allowed by the Growth
Management Act (Chapter
36.70A RCW).
Where specific adverse environmental
impacts have not been adequately
mitigated, the responsible official may
condition the project with additional
b.
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ii.
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Unified Development Code
Section 8 . Permit Application and Review ProceduresiSEPA Implementation
c.
mitigation measures or deny the
permit.
(3) To determine if a specific adverse
environmental impact has been
addressed by an existing rule or law of
another agency with jurisdiction, the
county shall consult orally or in writing
with that agency and may expressly
defer to that agency. In making this
deferral, the county shall base or
condition its project approval on
compliance with that agency's rules or
laws.
(4) If the county bases or conditions its
SEPA approval of the project wholly or
in part on compliance with the
requirements or mitigation measures
identified in Sections 8.10.7(b)(2)(i)
and (ii), during project review the
county shall not impose additional
mitigation under. SEPA for those
impacts so conditioned.
(5) Nothing in this Section 8.10.7(b) limits
the authority of the county in its review
or mitigation of a project to adopt or
otherwise rely on environmental
analyses and requirements under
other laws, as provided by SEPA.
Threshold Determination. The "threshold
determination" is the decision regarding
whether there is a reasonable likelihood that
the project will have a probable significant
adverse environmental impact on an element
of the environment. A threshold
determination is required for any proposal
that meets the definition of an "action" under
WAC 197-11-704 and is not categorically
exempt, a planned action, or subject to WAC
197-11-600(3). The responsible official shall
make and publish the threshold
determination for public comment as
provided in Section 8.10.9, below:
(1) Determination of Significance (DS).
If a project may have a probable
significant adverse environmental
impact, a OS shall be issued, and an
EIS shall be required. In determining
an impact's significance, the
responsible official shall take into
account the guidance in WAC 197-11-
330 and 197-11-794, including:
i. Locational, quantitative, and
cumulative effects, severity and
likelihood of the effects, and
effects on environmentally
sensitive or special areas; and
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SECTION 8. PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
ii.
d.
Shall consider mitigation
measures that will be
implemented. The responsible
official shall not balance whether
beneficial aspects of a proposal
outweigh its adverse
environmental impacts in
determining significance.
(2) Determination of Non-Significance
(DNS). If a project will not have a
significant adverse environmental
impact, a DNS shall be issued.
(3) Request for Early Indication of DS.
Pursuant to WAC 197-11-350(2) and
(6), submission of an environmental
checklist and prior to the responsible
official's threshold determination on a
proposal, an applicant may ask the
responsible official to indicate whether
it is considering a DS. If the
responsible official indicates a DS is
likely, the applicant may clarify or
change features of the proposal to
mitigate the impacts that led the
responsible official to consider a DS
likely. The applicant shall revise the
environmental checklist as may be
necessary to describe the clarifications
or changes. The responsible official
shall make its threshold determination
based upon the changed or clarified
proposal. If a proposal continues to
have a probable significant adverse
environmental impact, even with
mitigation measures, an EIS shall be
prepared. The county's indication
under this section that a DS appears
likely shall not be construed as a
determination of significance. Likewise,
the preliminary discussion of clarifi-
cations or changes to a proposal shall
not bind the county to a mitigated DNS.
Mitigated Determination of Non-
Significance (MDNS). The responsible
official may issue a MONS as provided in
this Section 8.10.7(d) and in WAC 197-11-
350, based on conditions attached to the
proposal by the responsible official or on
changes to or clarifications of the proposal
made by the applicant.
(1) Mitigation measures that justify
issuance of a MDNlS shall be
incorporated in the DNS, shall be
deemed conditions of approval of the
permit decision, and may be enforced
in the same manner as any term or
condition of the permit. The county
may incorporate implementation or
enforcement provisions in the MDNS
and require performance guarantees.
(2) If the tentative county decision on a
permit or approval does not include
mitigation measures that were
incorporated in a MDNS, the county
shall evaluate the threshold
determination to assure consistency
with WAC 197-11-340(3)(a) (i.e.,
withdrawal of a DNS).
e. The responsible official shall provide for
prompt and coordinated review by
government agencies and the public on
compliance with applicable environmental
laws and plans, including mitigation for
specific project impacts that have not been
considered and addressed at the plan or
development regulation level. The county
may clarify or change features in their own
proposal, and may specify mitigation
measures in their DNSs, as a result of
comments by other agencies or the public or
as a result of additional agency planning
(see WAC 197-11-350).
f. Durations of comment periods are as
provided in Section 8.10.9, below. At the end
of the comment period the threshold
determination becomes final unless retained,
modified, or withdrawn, and the appeal
period begins.
g. Preparation of EIS.
(1) Preparation of the draft environmental
impact statement (DE IS) and final
environmental impact statement
(FEIS) and supplemental environ-
mental impact statement (SEIS) are
the responsibility of the county under
the direction of the responsible official.
Before the county issues an EIS the
responsible official must be satisfied
that it complies with this Section 8.10
and with Chapter 197-11 WAC. When
a DS is issued, an opportunity will be
provided to comment on the scope of
the EIS that will be developed.
(2) The DEIS, FEIS or SEIS will be
prepared by the county or by a
consultant in accordance with county
procedures established for consultant
selection. If the county requires an EIS
for a proposal and the responsible
official determines that a consultant
will prepare the EIS, the applicant shall
be so notified immediately after
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".....
SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
".....
completion of
determination.
(3) The county may require an applicant to
conduct specific investigations and to
provide information the county does
not possess. The applicant is not
required to supply information for the
purpose of EIS preparation if such
information is not required under this
Section.
(4) If a consultant is preparing an EIS, the
responsible official shall assure that
the EIS is prepared in a responsible
manner. The county shall:
i. Initiate and coordinate scoping
and ensure that the consultant
receives all substantive informa-
tion submitted through the
scoping process;
Assist the consultant in obtaining
information from applicants; and
iii. Direct the content and organiza-
tion of the EIS.
(5) The responsible official shall maintain
procedures for preparation of EISs in
accordance with the above.
h. The DNS and checklist, or FEIS, for non-
exempt proposals shall accompany county
staff recommendations to any appropriate
decision-making body (e.g., the Hearing
Examiner).
i. The county shall not take any action on the
project permit application until the SEPA
appeal period has lapsed.
j. Any appeal of the final SEPA determination
shall be heard as provided in Section
8.10.12, below.
8. Substantive Authority.
a. The county may attach conditions to a permit
or approval for non-exempt actions pursuant
to WAC 197-11-660, provided that:
(1) The conditions are necessary to
mitigate specific adverse environ-
mental impacts identified in environ-
mental documents prepared pursuant
to this Code and Chapter 197-11
WAC;
(2) Such conditions are in writing;
(3) The mitigation measures included in
such conditions are reasonable and
capable of being accomplished;
(4) The responsibility to implement the
mitigation measures are imposed only
to the extent attributable to the
the
threshold
identified adverse environmental
impacts of the applicant's proposal,
although voluntary additional mitigation
may occur;
(5) The county has considered whether
the requirements of the Jefferson
County Comprehensive Plan and
development regulations adopted to
implement the Plan, as well as other
local, state, and federal laws or rules,
provide adequate analysis of and
mitigation for specific adverse
environmental impacts of the project
proposal; and
(6) Such conditions are based on one or
more policies in subsection 8.10.8(c),
below.
b. The county may deny a permit or approval
for non-exempt actions pursuant to WAC
197-11-660, provided that:
(1) A finding is made that approving the
proposal would be likely to result in
significant adverse environmental
impacts that are identified in an FEIS
or final SEIS prepared pursuant to this
Code and Chapter 197-11 WAC;
(2) A finding is made that there are no
reasonable mitigation measures
capable of being accomplished that
are sufficient to mitigate the identified
impact;
(3) The denial is based on one or more
policies set forth in Section 8.10.8(c),
below.
c. The county designates and adopts by
reference the following county plans,
ordinances and policies as the basis for
exercise of county authority pursuant to this
Section 8.10: .
(1) The county adopts by reference the
policies in the following Jefferson
County plans and ordinances:
i. The Jefferson County Compre-
hensive Plan, as now exists or
may hereafter be amended;
The Jefferson County Shoreline
Master Program, as now exists
or may hereafter be amended;
iii. This Unified Development Code,
as now exists or may hereafter
be amended;
iv. The Jefferson County Building
Code Ordinance, No. 01-0713-
Ii.
ii.
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SECTION 8. PERMIT ApPLICATION ANO REVIEW PROCEOURES/SEPA IMPLEMENTATION
8-32
(2)
98, as now exists or may
hereafter be amended;
The Jefferson County Flood
Damage Protection Ordinance,
No. 18-1120-95, as now exists
or may hereafter be amended;
vi. The Jefferson County
Stormwater Management
Ordinance, No.1 0-11 04-96, as
now exists or may hereafter be
amended;
vii. The Jefferson County Road,
Traffic and Circulation
Standards, as they now exist or
may hereafter be amended;
viii. The Secretary of the Interior's
Standards for Rehabilitating
Historic Buildings; and
ix. All other county plans,
ordinances, regulations and
guidelines adopted after the
effective date of this Unified
Development Code.
The policies enumerated in RCW
43.21 C.020.
The county further designates and
adopts the following policies as the
basis for its exercise of authority
pursuant to this Section. The county
shall use all practicable means,
consistent with other essential
considerations of state policy, to
improve and coordinate plans,
functions, programs and resources to
the end that the state and its citizens
may:
i. Fulfill the responsibilities of each
generation as trustee of the
environment for succeeding
generations;
Assure for all people of the State
of Washington and Jefferson
County a safe, healthful, pro-
ductive and aesthetically and
culturally pleasing surrounding;
iii. Attain the widest range of
beneficial uses of the environ-
ment without degradation, risk to
health or safety, or other
undesirable and unintended
consequences;
iv. Preserve important historic,
cultural and natural aspects of
our national herita!Je;
v.
(3)
ii.
-../
Enhance the quality of
renewable resources and
approach the maximum attain-
able recycling of depletable
resources; and
vi. Achieve a balance between
population and resource use,
which will permit a high quality of
life for all residents of Jefferson
County.
9. Public Notice and Comment.
a. When the responsible official makes a
threshold determination and issues a ONS or
MONS under WAC 197-11-340(2), the
responsible official shall use the "optional
DNS process" pursuant to WAC 197-11-355.
Under this process, where the county is the
lead agency for a project and the responsible
official has a reasonable basis for deter-
mining significant adverse environmental
impacts are unlikely, it shall use a single
integrated fourteen (14) day comment period
to obtain comments on the notice of
application and the likely threshold deter-
mination for the proposal. There will be no
second comment period when the ONS or
MONS is issued.
(1) The notice of application shall contain
the information regarding the optional
ONS process as set forth in Section
8.3.5(k), above, and shall be noticed
as set forth in Section 8.3.7, above.
The notice of application and
environmental checklist shall be sent
to agencies with jurisdiction, the
department of ecology, affected tribes,
and each local agency or political
subdivision whose public services
would be changed as a result of the
implementation of the proposal, as well
as anyone requesting a copy of the
environmental checklist for the specific
proposal.
(2) For Type II projects, the threshold
determination shall be issued
concurrently with the notice of the
Administrator's decision on the
underlying project, as further set forth
in Section 8.4.10(c), above.
(3) For Type III projects, the notice of the
threshold determination shall be
issued concurrently with the notice of
public hearing on the underlying
project before the Hearing Examiner.
(4) If the county indicates on the notice of
application that a ONS or MONS is
v.
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SECTION 8 . PERMIT ApPLICATION AND REVIEW PROCEOURES/SEPA IMPLEMENTATION
-
likely, an agency with jurisdiction may
assume lead agency status during the
comment period on the notice of
application pursuant to WAC 197-11-
355(3) and 197-11-948.
(5) Type I projects that are not
categorically exempt from SEPA shall
be subject to notice of application and
comment period provisions of Sections
8.3.1 through 8.3.8, above, as well as
the notice requirements of this Section
8.10.9.
(6) If a OS is made concurrent with the
notice of application, the OS and
scoping notice shall be combined with
the notice of application; provided,
however, that the OS/scoping notice
may be issued before the notice of
application. (RCW 36.708.110.) If
sufficient information is not available to
make a threshold determination when
the notice of application is issued, the
OS may be issued later in the review
process. WAC 197-11-310(6). If the
responsible official issues a OS under
WAC 197-11-360(3), the responsible
official shall state the scoping
procedure for the proposal in the OS,
as required by WAC 197-11-408; by
publishing notice in the official county
newspaper.
b. If the county issues a OEIS under WAC 197-
11-455(5), FE IS under WAC 197-11-560, or
SEIS under WAC 197-11-620, notice of
availability of the documents shall be given
by publishing notice in the official county
newspaper; by notifying groups which have
expressed interest in a certain proposal
being considered; by notifying the news
media; by sending notice to agency mailing
lists; and by other means deemed
appropriate by the responsible official.
c. The applicant shall be responsible for all
costs of the public notice requirements under
this Section 8.10.
d. Comment periods begin with the publication
of notice as provided in this Section 8.10.9.
Comments must be received within:
(1) Fourteen (14) calendar days for a ONS
or MONS;
(2) Twenty-one (21) calendar days for a
OS and Scoping Notice. Pursuant to
WAC 197-11-408(2)(a)(iii), the date of
issuance for purposes of computing
this comment period shall be the date
the OS is sent to the department of
-
ecology and other agencies with
jurisdiction and is made publicly
available; and
(3) Thirty (30) calendar days for a OEIS.
e. The responsible official shall consider timely
comments on the notice of application and
either issue a ONS or MONS with no
comment period using the procedures set
forth in Sections 8.4 and 8.10; issue a OS; or
require additional information or studies prior
to making a threshold determination. A copy
of the ONS or mitigated ONS shall be sent to
agencies with jurisdiction, the department of
ecology, those who commented, and anyone
requesting a copy. A copy of the
environmental checklist need not be
recirculated.
f. A ONS or MONS becomes final at the end of
the comment period unless the
determination is modified or withdrawn by
the responsible official.
(1) When a OS is withdrawn and a ONS
issued, a new notice must be
published as provided in Section
8.10.9, and a fourteen (14) calendar
day comment period provided on the
new threshold determination.
(2) When a ONS is withdrawn and a OS
issued, a new notice must be
published as provided in Section
8.10.9, and a twenty-one (21) calendar
day comment period provided on the
new threshold determination and
scoping notice.
(3) If modified, the threshold determination
becomes final upon publication of
notice as provided in Section 8.10.9 by
the responsible official. A new appeal
period shall then commence.
g. Notice for public hearings shall be given
consistent with Sections 8.10.9 and 8.3.9 of
this Code, and may be combined with other
notice(s).
10. Public Hearings and Meetings.
a. If a public hearing on the proposal is held
under some other requirement of law, the
hearing shall be open to consideration of the
environmental impact of the proposal,
together with any environmental document
that is available. This does not require
extension of the comment periods for
environmental documents.
b. In all other cases a public hearing on the
environmental impact of a proposal shall be
Unified Development Code
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SECTION 8, PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
held whenever one (1) or more of the
following situations occur:
(1) The county determines that a public
hearing would assist it in meeting its
responsibility to implement the
purposes and policies of SEPA and its
implementing rules;
(2) When fifty (50) or more persons who
reside within the county, or who would
be adversely affected by the
environmental impact of the proposal,
make written request to the lead
agency within thirty (30) calendar days
of issuance of the DE IS; or
(3) When two (2) or more agencies with
jurisdiction over a proposal make
written request to the lead agency
within thirty (30) calendar days of the
issuance of the DEIS.
c. Whenever a public hearing is held under
Section 8.10.10(b), above, it shall occur no
earlier than fifteen (15) calendar days from
the date the DEIS is issued, and not later
than fifty (50) calendar days from its
issuance. Notice shall be given as set forth
in Section 8.10.9(t), above.
d. Whenever a public hearing is held under
Section 8.10.10(b), above, it shall be open to
discussion of all environmental documents
and any written comments that have been
received by the county prior to the hearing. A
copy of the environmental document shall be
available at the public hearing.
e. . Comments at public hearings should be as
specific as possible (see WAC 197-11-550).
f. The county may hold informal public
meetings or workshops. Such gatherings
may be more flexible than public hearings
and are not subject to the above notice and
similar requirements for public hearings.
g. Public meetings held under RCW 36.708
may be used to meet SEPA public hearing
requirements so long as the requirements of
this Section 8.10.10 are met. A public
hearing under this Section 8.10.10 need not
be an open-record hearing as defined in
RCW 36.708.020(3).
11. Environmentally Sensitive Areas.
a. Actions identified as categorically exempt
from SEPA under Section 8.10.6(a), above,
shall remain exempt under SEPA even when
located in one (1) or more of the ESAs
classified, designated and mapped under
Section 3.6.4 of this Code., A threshold
determination shall not be required for
8-34
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actions identified as categorically exempt.
b. Actions located in one (1) or more ESAs that
are categorically exempt from review under
this Section, and which require issuance of a
permit or approval under this Code or any
other applicable county ordinance or
regulation, shall be reviewed, and as
necessary, conditioned or denied to assure
consistency with the protection standards
contained in Section 3.6.4 of this Code.
12. Appeals.
a. Appeal of a Threshold Determination for a
Type I Permit Decision. Threshold
determinations on Type I permit decisions
may not be appealed administratively to the
Hearing Examiner.
b. Appeal of a Threshold Determination for
Type II Permits - Open Record Hearing.
The decision of the responsible official on
Type II permits making a threshold
determination of a DNS or MDNS, approving
a proposal subject to conditions, or denying
a proposal under SEPA's substantive
authority may be appealed to the Hearing
Examiner pursuant to Section 8.4.3 for an
open record appeal hearing. Any such
appeal must be filed within the time limits of
8.5(b)(2), and must be consolidated with
any appeal on the underlying Type II permit
decision. Any requests for reconsideration
shall be governed by Section 8.4.8.
c. Appeal of a Threshold Determination for
Type III Permits - Open Record Hearing.
The decision of the responsible official on
Type III permits making a threshold
determination of a DNS, approving a
proposal subject to conditions, or denying a
project under SEPA's substantive authority
may be appealed to the Hearing Examiner
pursuant to Section 8.4.3, above. The open
record public hearing on the SEPA appeal
shall be before the Hearing Examiner, who
shall consider the appeal together with the
decision on the project application in a
single, consolidated hearing as further set
forth in Section 8.4. The Hearing Examiner's
decision on the SEPA decision may be
appealed to the Appellate Hearing Examiner
pursuant to Section 8.4.4, above, for a
closed record hearing as further set forth in
Section 8.4. (See RCW 36.708.060(6).) Any
requests for reconsideration shall be
governed by Section 8.4.8; any remands
shall be governed by Section 8.4.9.
d. Appeals of Threshold Determinations for
Type V Actions. Threshold determinations
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SECTION 8' PERMIT ApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
j.
of the responsible official on Type V
decisions (other than a DS) may be
appealed using the same procedures
applicable to Type III permit appeals.
e. Limitations on Appeals for All Types of
Permits. When a threshold determination
results in a DS it shall not be appealable. In
addition, issues relating to the adequacy of
the EIS and other procedural issues may not
be appealed under this Section.
f. Who May Appeal. An applicant or other
party of record, as defined in Section 2 of
this UDC, may file a SEPA appeal as
provided in this Section.
g. Time to Appeal Administrative Decisions.
A written statement appealing the threshold
determination must be filed within fourteen
(14) calendar days after the notice of
decision is issued. When the last calendar
day (as defined in Section 2 of this Code) of
the appeal period is a Saturday, Sunday or
legal holiday, the appeal period shall run to
the next business day.
h. Form of Appeal. A person or group
appealing the decision of the responsible
official shall submit a written appeal in the
form and manner set forth in Section
8.5.1(e), above. Notice of all appeals shall
be mailed to all parties of record not less
than ten (10) calendar days prior to the date
of the public hearing to consider the appeal.
i. Scope of Review. The Hearing Examiner
shall affirm, modify or reverse the
responsible official's decision, and shall
enter findings and/or conclusions into the
record to support the decision. In making the
decision, the Hearing Examiner shall give
deference to and afford substantial weight to
the decision of the responsible official.
Review shall be on a de novo basis.
Judicial Appeals. Pursuant to RCW
43.21C.075, if there is a time period for
appealing the underlying permit decision,
appeals under this Section 8.10 shall be
commenced within such time period. The
county shall give official notice stating the
date and place for commencing an appeal.
For all decisions covered by the Land Use
Petition Act, Chapter 36.70C RCW, this time
period shall be twenty-one (21) calendar
days from the issuance of the land use
decision, as defined by RCW 36.70C.040(4)
and Section 8.5, above.
(1) Optional Limitation Period. If there is
not time period for appealing the
k.
underlying government action, the
county, applicant for or proponent of
an action may use a notice of action
pursuant to RCW 43.21 C.075 and
RCW 43.21C.O80. The notice shall
describe the action and state a time
limitations for commencing a challenge
to that action, in a form substantially
similar to that provided in WAC 197-
11-990. The notice shall be published
by the department, applicant or
proponent pursuant to RCW
43.21C.O80, and any action to set
aside, enjoin, review or otherwise
challenge any such governmental
action shall be commenced within
twenty-one (21) days from the date of
the last newspaper publication of the
notice of action, as further set forth in
RCW 43.21C.080.
(2) Exemption. This Section does not
apply to decisions made pursuant to
Chapter 90.58 RCW, the Shoreline
Management Act. Appeals of SEPA
mitigation measures pertaining to
projects subject to Chapter ~0.58
RCW shall be made to the shoreline
hearings board along with the appeal
of the county's shoreline decision, as
further set forth in Chapter 90.58
RCW. In addition, as an alternative
dispute resolution process, any SEPA
appeal, whether involving a shoreline
issue or not, may be made to the
shoreline hearings board upon the
consent of the parties to the action, as
further set forth in RCW
43.21C.075(7).
Violations and Penalties. The Administrator
is authorized to enforce the provisions of this
Section 8.10 whenever he or she determines
that a condition exists in violation of this
Section or permit issued hereunder. All
violations of any provisions of this Section
8.10, incorporated standard or permit issued
pursuant to this Section 8.10 are made
subject to the provisions of Section 10 of this
Code, which provides for voluntary
correction, notice and orders to correct the
violation, stop work and emergency orders,
and assessment of civil penalties.
Public Nuisance. All violations of this
Section 8.10 are determined to be
detrimental to the public health, safety and
welfare and are public nuisances, and may
corrected by any reasonable and lawful
"
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SECTION 8' PERMITApPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
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means, as further set forth in Section 10 of
this Code.
m. Alternative Remedies. As an alternative to
any other judicial or administrative remedy
provided in this Section 8.10 or by law or
ordinance, any person who willfully or
knowingly violates or fails to comply with any
stop work order or emergency order issued
pursuant to Section 10 of this Code is guilty
of a misdemeanor and upon conviction shall
be punished as set forth in Section 10.11 of
this Code. Each day such violation or failure
to comply continues shall be considered an
additional misdemeanor offense.
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Section 8 . Permit Application and Review ProceduresiSEPA Implementation
SECTION 9
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Comprehensive Plan and
GMA Implementing Regulations
Amendment Process
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SECTION 9 . COMPREHENSIVE PLAN AND GMA IMPLEMENTING
REGULATIONS AMENDMENT PROCESS
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Section
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
Page
P d I t d t' n . ...........................1
Amendments - urpose an n ro uc: 10 . """""""""""""""""""""""""""""""""""""""
Annual Amendments - Consideration of Cumulative Effects. ............................................................................1
2
Exceptions to the Annual Amendment Process................................................................................................,..
2
Applications for Comprehensive Plan Amendment.......,........................................................................."""""'"
'. fPI" Dkt . ............................3
Compilation 0 re Immary oc e """"""""""""""""""""""""""""""""""""""""""" .....
Review of Preliminary Docket - Adoption of Final Docket. ..................................................................................4
Final Docket - DCD Review and Recommendation - SEPA Review. ...............................................................5
Final Docket - Planning Commission and Board of County Commissioners Review. .......................................5
Amendments to GMA Implementing Regulations. ...............................................................................................6
,.....
9.1
Amendments
Introduction.
1. Purpose. The purpose of this Section 9 is to
establish procedures for amending the Jefferson
County Comprehensive Plan, defined for the
purposes of this Section as including the plan text
and/or the land use map.1 The Growth
Management Act (GMA, Chapter 36.70ARCW)
generally allows amendments to comprehensive
plans no more often than once per year, except
in emergency situations. This Section 9 is
intended to provide the following:
A process whereby the county will compile and
maintain a preliminary docket of proposed
amendments to the Comprehensive Plan and then
select which proposed amendments will be placed on
the final docket for review, no more often than once
annually;
a. Timelines and procedures for placing formal
applications for amendments by interested
parties (Le., project proponents or property
owners) on the final docket for review, no
more often than once annually; and
b. Criteria for review of the final docket by the
Jefferson County Planning Commission and
the Jefferson County Board of
Commissioners. This Section is also
intended to provide a process for the
Planning Commission to monitor and assess
the Comprehensive Plan, and based on this
review to recommend amendments (if any)
Purpose
and
1 All references in this Section to the Jefferson County
Comprehensive Plan are intended to include the
Comprehensive Plan text, the land use map adopted
concurrently with the Comprehensive Plan and/or sub-area
plans,
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Section 9 . Comprehensive Plan
& GMA Implementing Regu~tions Amendment Process
to the Plan as part of a standardized
amendment process.
2. Public Participation. The public participation
process set forth in this Section 9 is intended to
solicit from the public suggested amendments to
the Jefferson County Comprehensive Plan for
future consideration, and to provide an
opportunity for public comment on any proposed
amendments. This is achieved by early and
continuous public involvement with broad
dissemination of proposals and alternatives,
opportunity for written comments, public
meetings after effective notice, provisions for
open discussion, information services, and
consideration and response to public comments.
3. Planning Commission Role. The Jefferson
County Planning Commission is an advisory body
that shall make recommendations to the county
commissioners on all Comprehensive Plan
matters, including amendments to the Plan text
and land use map, implementing regulations and
sub-area plans.
4. Applicability of UDC Section 8. Amendments to
the text of the Comprehensive Plan, the land use
map, and the implementing regulations are
legislative, Type V decisions under Section 8 of
this Code. Accordingly, all applicable provisions
of that Section apply to the decision-making
process adopted in this. Section 9, regardless of
whether or not they are specifically referred to
herein. .
9.2
Annual Amendments
Consideration of Cumulative
Effects.
Except as provided in Section 9.3, below, proposals
for amendments to the Jefferson County
Comprehensive Plan shall be considered by the
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SECTION 9 . COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
Board of County Commissioners no more frequently
than once every year. Proposals for Plan amendment
shall be considered concurrently so that the
cumulative effect of all items on the final docket will
be ascertained. Proposals may be considered at
separate meetings or hearings, so long as the final
action taken considers the cumulative effect of all the
proposed amendments to the Comprehensive Plan.
9.3 Exceptions to the Annual
Amendment Process.
1. Exceptions - Emergencies. In addition to the
amendment process set forth in this Section 9,
the Board of County Commissioners may amend
the Jefferson County Comprehensive Plan in any
of the following circumstances:
a. Resolution of an emergency condition or
situation that involves public health, safety or
welfare and when adherence to the
amendment process set forth in this Section
9 would be detrimental to the public health,
safety or welfare;
b. Initial adoption of a subarea plan identified in
the Jefferson County Comprehensive Plan;
c. The adoption of or amendments to the
Jefferson County Shoreline Master Program;
d. Technical, non-substantive corrections to
manifest land use mapping errors which do
not involve interpretations of the criteria for
the various land use designations contained
in the Comprehensive Plan;
e. Resolution of a decision by an administrative
agency or court of competent jurisdiction;
and
f. Special use permits for essential public
facilities under Section 3.3.5 of this Code.
2. Determination of Emergency. Situations
involving official legal or administrative action
(e.g., decisions by the Western Washington
Growth Management Hearings Board, state or
federal courts, actions of a state agency or office,
or the state legislature) affecting Jefferson
County will be reviewed by the Jefferson County
Board of Commissioners with advice from the
prosecuting attorney's office to determine
whether an emergency exists warranting an
emergency Comprehensive Plan amendment.
Applications for Comprehensive
Plan Amendment.
1. Who May Propose Amendments
Application - Fee.
a. Applications for Formal Site-Specific
Amendments. Proponents of land
development projects (for multiple sites)
and/or property owner(s) or their authorized
9.4
9-2
representative(s), may file an application for
a proposed amendment to the
Comprehensive Plan relating to a site-
specific proposal ("formal site-specific
. amendments"). A filing fee as set forth in the
Jefferson County Fee Ordinance shall
accompany applications for site-specific
amendments.
b. Applications for Suggested Amendments.
Anyone may apply for a "suggested
amendment," to the Comprehensive Plan
which shall be added to the list of proposed
amendments to be maintained by the
Administrator. Generally, applications for
suggested amendments should be limited to
proposals that broadly apply to the goals,
policies and implementation strategies of the
Comprehensive Plan rather than amend-
ments designed to address site-specific
issues of limited applicability. The process
outlined in Section 9.6, below shall govern
whether such suggested amendments are
considered during the annual review
process. No application fee shall be required
for applications for suggested amendments.
2. Application Deadline - Form.
a. Deadline. All applications for formal site-
specific and suggested amendments shall be
submitted to DCD by May 1 st of the current
calendar year in order to be considered
during that year's amendment process;
except that county-sponsored proposals to
amend the capital facilities element of the
Comprehensive Plan may be accepted later
than other proposed amendments because
of their relationship to the county's annual
budget process.
b. Application Form. All proposed
amendments (Le., both formal site-specific
and suggested) shall be submitted to DCD
on forms provided by the department and
shall include the following information, as
determined by the Administrator to. be
necessary to evaluate a particular proposal:
(1) Name and address of applicant;
(2) A description of the proposed
Comprehensive Plan amendment and
any associated development pro-
posals, if applicable. Formal site-
specific or project-related amendments
shall include plans, information and/or
studies that accurately depict existing
and proposed use(s) and improve-
ments. Proposed site-specific or
project-related Comprehensive Plan
amendments that do not specify
proposed use(s) and potential impacts
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SECTION 9, COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
.-
will be assumed to have maximum
impact to the environment and public
facilities and services;
(3) Proposed amendatory language,
preferably shown in a "bill" format (Le.,
new language underlined; language
proposed for deletion in strikeouts);
(4) An explanation of the rationale for the
proposed amendment;
(5) An explanation of how the proposed
amendment .and associated devel-
opment proposal(s), if any, conform to,
conflict with, or relate to the criteria set
forth in Section 9.8.1 (c) and (d), as
applicable;
(6) A completed SEPA checklist if the
application is for a formal site-specific
amendment; and
(7) Any additional information reasonably
deemed necessary by the Admini-
strator to evaluate the proposed
amendment.
3. Failure to Comply - Effect. Applications that do
not include the information required under
Section 9.4.2(b) above, or which are not received
by the deadline set forth in Section 9.4.2(a),
above, shall not be processed.
9.5 Compîlation of
Docket.
1. Preliminary Docket Contents. The
preliminary docket described more fully in
Sections 9.5.2 through 9.5.4, below, shall consist
of the following:
a. All proposals for formal site-specific
amendments;
b. All proposals for suggested amendments;
and
c. When applicable, all amendments
recommended by the Planning Commission
during its five (5) year assessment of the
Comprehensive Plan.
2. List of Suggested Amendments. Each year,
the Administrator shall maintain for public review
the annual list of suggested amendments made
by citizens, the Board of County Commissioners
or members of the Board of County
Commissioners, county staff, county departments
or other agencies. By the end of the second full
business week of June of each year, this list of
suggested amendments shall be compiled into a
preliminary docket. Section 9.6, below, sets forth
the process for selecting which suggested
amendments will be placed on the final docket to
Preliminary
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Unified Development Code
Section 9 . Comprehensive Plan
& GMA Implementing Regulations Amendment Process
be formally reviewed during the annual review
process.
3. Formal Site-Specific Amendments. The
preliminary docket shall also include all formal
site-specific applications for Comprehensive Plan
amendments. Formal site-specific applications for
amendments that are properly and timely filed
under Section 9.4.3(a), above, shall be placed on
the final docket for consideration during the
current annual amendment process.
4. Planning Commission Five (5) Year
Assessment - Recommendations.
a. Five (5) Year Assessment - Tlmelines.
Beginning in 2002 and every five (5) years
thereafter, the Planning Commission shall
review, and if necessary, recommend
revisions to the Comprehensive Plan. The
Planning Commission shall complete its
assessment of the Comprehensive Plan by
April 15 of each fifth year, and any
amendments recommended by a majority
vote of the Planning Commission shall be
forwarded to the Administrator by May 1st of
each fifth year. The Administrator shall place
all such recommended amendments on the
preliminary docket to be considered during
the final docket selection process set forth in
Section 9.6, below.
b. Criteria Governing Planning Commission
Assessment. The Planning Commission's
five (5) year assessment and
recommendation shall be based upon, but
shall not be limited to, an inquiry into the
following growth management indicators:
(1) Whether growth and development as
envisioned in the Comprehensive Plan
is occurring faster or slower than
anticipated, or is failing to materialize;
(2) Whether the capacity of the county to
provide adequate services has
diminished or increased;
(3) Whether sufficient urban land is
designated and zoned to meet
projected demand and need;
(4) Whether any of the assumptions upon
which the Plan is based are no longer
found tobe valid;
(5) Whether changes in county-wide
attitudes necessitate amendments to
the goals of the Plan and the basic
values embodied within the
Comprehensive Plan Vision
Statement;
(6) Whether changes in circumstances
dictate a need for amendments;
9-3
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SECTION 9 . COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
(7) Whether inconsistencies exist between
the Comprehensive Plan and the GMA
or the Comprehensive Plan and the
County-wide Planning Policy for
Jefferson County.
Review of Preliminary Docket -
Adoption of Final Docket.
1. DCD Review of Preliminary Docket. After
compiling the preliminary docket, the
Administrator shall review the suggested
amendments and .prepare a report concerning
which suggested amendments the Administrator
believes should be placed on the final docket for
consideration during the annual amendment
process. In addition to addressing the need,
urgency and appropriateness of each suggested
amendment, the staff report shall include, but not
be limited to, a consideration of the following: .
a. The availability of sufficient DCD staff to
substantively review the suggested
amendments and manage the public review
process with available staff; and
b. Anticipated DCD costs and budget for
processing the suggested amendments.
2. Optional Board of County Commissioners!
Planning Commission Workshop. The Board
of County Commissioners and Planning
Commission may, but are not required to, hold a
noticed joint workshop meeting to gather
information regarding the items on the
preliminary docket and the Administrator's report
and recommendation. If held, notice of the joint
workshop meeting shall be given by publication in
the county's official newspaper at least one (1)
time ten (10) days prior to the date of the meeting
and by posting a copy of the meeting notice at
the county courthouse, which shall include a
statement of the purpose of the joint workshop.
3. Planning Commission Hearing - Report and
Recommendation. The Planning Commission
shall hold a noticed public hearing to accept
public comment regarding the suggested
amendments on the preliminary docket.
Following the hearing, the Planning Commission
shall prepare a report and recommendation
identifying those suggested amendments that it is
recommending for consideration by the Board of
County Commissioners during the annual
amendment process. The Planning Commission's
recommendation shall be based upon the
perceived need, urgency and appropriateness of
each suggested amendment. The Planning
Commission's report and recommendation shall
also include those proposed amendments
resulting from the five (5) year review and
assessment set forth in Section 9.5.4, above, as
9.6
9-4
4.
applicable. Notice of the Planning Commission
hearing shall be given by publication in the
county's official newspaper at least one (1) time
ten (10) days prior to the date of the meeting and
by posting a copy of the hearing notice at the
county courthouse, which shall include a
statement of the purpose of the hearing.
Board of Commissioner's Decision
Adoption of Final Docket.
a. Review and Decision Process. By the
second regular Board of County
Commissioners meeting in July of each year,
the Board of County Commissioners shall
review and consider the Planning
Commission's report and recommended final
docket at a regularly scheduled
commissioner's meeting. The Board of
County Commissioners may adopt the
Planning Commission's recommended final
docket without a public hearing; however, in
the event that a majority of the Board of
County Commissioners decides to add or
subtract suggested amendments, it shall first
hold a public hearing, noticed as set forth in
Section 9.6.3, above, which shall be held by
the first Board of County Commissioners
meeting in August.
b. Final Docket - Contents. The final docket
as adopted by the Board of County
Commissioners shall include the following:
(1) All applications for formal site-specific
amendments timely submitted under
Section 9.5.3, above;
(2) Any proposals for suggested
amendments which the Board of
County Commissioners elects to
consider during the annual
amendment process; and
(3) When applicable, any amendments
recommended by the Planning
Commission during its five (5) year
assessment of the Comprehensive
Plan that the Board of County
Commissioners elects to consider
during the amendment process.
c. Effect of Final Adopted Docket. The
decision of the Board of County
Commissioners to adopt the final docket
does not constitute a decision or
recommendation that the substance of any
formal site-specific, suggested, or Planning
Commission recommended amendment
should be adopted. No additional
amendment proposals shall be considered
by the county after adoption of the final
docket for that year; except for exceptions
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SECTION 9 . COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
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and emergencies as set forth in Section 9.3
above, and county-sponsored proposals to
amend the capital facilities element of the
Comprehensive Plan as set forth in Section
9.4.1 (d), above.
Final Docket - DCD Review and
Recommendation - SEPA Review.
The final docket as adopted by the Board of County
Commissioners shall first be reviewed and assessed
by DCD, and the Administrator shall prepare a staff
report and recommendation on each proposed
amendment. DCD shall also be responsible for
conducting SEPA review of all items on the final
docket (see Section 8.10 of this Code). As
appropriate, the Administrator shall solicit comments
regarding the proposed amendments from the public
and/or government agencies. The Administrator shall
also provide notice and opportunity for public
comment as deemed appropriate given the nature of
the proposed amendments and consistent with RCW
36.70A.140 and SEPA (Chapter 43.21C RCW and
Chapter 197-11 WAC).
9.8 Final Docket Planning
Commission and Board of County
Commissioners Review.
1. Planning Commission Review. All proposed
amendments on the final docket shall be
reviewed and assessed by the Planning
Commission, which shall make a
recommendation to the Board of County
Commissioners after holding at least one (1)
open record public hearing.
a. Notice. The hearing before the Planning
Commission shall be noticed by one (1)
publication in the official newspaper of the
county at least ten (10) days prior to the date
of the hearing and by posting a copy of the
notice of hearing in the Jefferson County
Courthouse. This notice shall include the
following:
(1) The purpose(s) of amending and/or
updating the Comprehensive Plan;
(2) The deadline for submitting comments
on the amendments; and
(3) A tentative hearing schedule;
continued hearings may be held by the
Planning Commission but no additional
notices need be published.
b. Required Findings - Generally. For all
proposed amendments, the Planning
Commission shall develop findings and
conclusions and a recommendation which
consider the growth management indicators
9.7
set forth in Section 9.5.4(b)(1) through (7),
as well as the following:
(1) Whether circumstances related to the
proposed amendment and/or the area
in which it is located have substantially
changed since the adoption of the
Jefferson County Comprehensive
Plan;
(2) Whether the assumptions upon which
the Jefferson County Comprehensive
Plan is based are no longer valid, or
whether new information is available
which was not considered during the
adoption process or any annual
amendments of the Jefferson County
Comprehensive Plan; and
(3) Whether the proposed amendment
reflects current widely held values of
the residents of Jefferson County.
c. Additional Required Findings - Formal
Site-Specific Amendments. In addition to
the required findings set forth in Section
9.8.1 (b) above, in order to recommend
approval of a formal site-specific proposal to
amend. the Comprehensive Plan, the
Planning Commission must also make the
following findings:
(1) The proposed site-specific amendment
meets concurrency requirements for
transportation and does not adversely
affect adopted level of service
standards for other public facilities and
services (e.g., sheriff, fire and
emergency medical services, parks,
fire flow, and general governmental
services);
(2) The proposed site-specific amendment
is consistent with the goals, policies
and implementation strategies of the
various elements of the Jefferson
County Comprehensive Plan;
(3) The proposed site-specific amendment
will not result in probable significant
adverse impacts to the county's
transportation network, capital
facilities, utilities, parks, and
environmental features that cannot be
mitigated, and will not place
uncompensated burdens upon existing
or planned service capabilities;
(4) In the case of a site-specific
amendment to the land use map, that
the subject parcels are physically
suitable for the requested land use
designation and the anticipated land
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Section 9 . Comprehensive Plan
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SECTION 9. COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
use development, including but not
limited to the following:
i. Access;
ii. Provision of utilities; and
iii. Compatibility with existing and
planned surrounding land uses;
The proposed site-specific amendment
will not create a pressure to change
the land use designation of other
properties, unless the change of land
use designation for other properties is
in the long-term best interests of the
county as a whole;
The proposed site-specific amendment
does not materially affect the land use
and population growth projections that
are the bases of the Comprehensive
Plan;
If within an unincorporated urban
growth area (UGA), the proposed site-
specific amendment does not
materially affect the adequacy or
availability of urban facilities and
services to the immediate area and the
overall UGA;
The proposed amendment is
consistent with the Growth
Management Act (Chapter 36.70A
RCW), the County-Wide Planning
Policy for Jefferson County, any other
applicable inter-jurisdictional policies
or agreements, and any other local,
state or federal laws.
d. Recommendation. The Planning
Commission's findings and conclusions shall
include a recommendation to the Board of
County Commissioners that the proposed
amendment(s) be denied, approved, or
approved with conditions or modifications.
2. Board of County Commissioners Review -
Appeals.
a. Board of County Commissioners
Workshop. The Board of County
Commissioners may first review the
recommendation of the Planning
Commission in a workshop meeting(s).
b. Board of County Commissioners Review.
The Board of County Commissioners shall
consider the proposed amendments to the
Comprehensive Plan at a regularly
scheduled meeting. If after considering the
matter at the regularly scheduled public
meeting the Board of County Commissioners
9-6
deems a change in the recommendation of
the Planning Commission to be necessary,
the change shall not be incorporated until the
board conducts its own public hearing using
the procedures set forth under Section 8.4.6
of this Code. The hearing shall be noticed by
one (1) publication in the official newspaper
of the county at least ten (10) days prior to
the date of the hearing, and by posting
copies of the notice of hearing in the
Jefferson County Courthouse. The notice
and public hearing for proposed Compre-
hensive Plan amendments may be combined
with any notice or public hearing for
proposed amendments to the county's
Comprehensive Plan implementing
regulations (e.g., this Code), or for other
actions of the Board of County
Commissioners.
c. Criteria for Evaluation of Proposed Plan
Amendments. The Board of County
Commissioners shall apply the same criteria
as the Planning Commission as set forth in
Section 9.8.1 (b) and (c), above, as
applicable.
d. Adoption by Ordinance. The Board of
County Commissioners shall adopt any
amendments to the Jefferson County
Comprehensive Plan by ordinance. This final
action on the docket must be taken by the
second regular board meeting in December
of each year.
e. Transmittal to State. The Administrator
shall transmit a copy of any proposed
amendment of the Comprehensive Plan to
the Washington State Office of Community
Development (OCD) at least sixty (60) days
prior to the expected date of final action by
the Board of County Commissioners, as
consistent with Chapter 36.70A RCW. The
Administrator shall transmit a copy of any
adopted Comprehensive Plan amendment to
OCD within ten (10) days after adoption by
the board.
1. Appeals. All appeals to the adoption of an
amendment to the Jefferson County
Comprehensive Plan shall be filed with and
processed by the Western Washington
Growth Management Hearings Board in
. accordance with the provisions of Chapter
36.70A RCW.
Amendments to
Implementing Regulations.
Initiation. The text of the county's adopted
Comprehensive Plan implementing regulations
(5)
(6)
(7)
(8)
9.9
GMA
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SECTION 9 . COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
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(also referred to within this. Code as
"development regulations") may be amended at
any time, provided the amendment is consistent
with the Jefferson County Comprehensive Plan
and land use map. When inconsistent with the
Comprehensive Plan and land use map, the
amendment shall be processed concurrent with
any necessary Plan amendments using the
process and timelines for Plan amendments set
forth in this Section 9. "Implementing regulations"
means the controls placed on development or
land use activities by the county, including, but
not limited to, this Unified Development Code, the
Jefferson County Shoreline Master Program, or
any other official controls required to implement
the Plan (see RCW 36.70A.030). Proposed
amendments, changes, or modifications may be
initiated as follows:
a. When consistent with the Plan, at any time at
the direction of the Board of County
Commissioners or by the Planning
Commission pursuant to RCW36.70.550;
b. When inconsistent with the Plan, under the
process and time lines for Comprehensive
Plan amendments by any interested person
consistent with Section 9; or
c. Immediately following or concurrent with an
amendment or amendments to the Jefferson
County Comprehensive Plan, the
implementing regulations shall be amended
to be consistent with the Plan and land use
map.
2. Notice.
a.
Proposed amendments to the implementing
regulations pursuant to Section 9.9.1, above,
which must be processed concurrently with
an amendment to the Comprehensive Plan
and land use map shall be processed and
noticed in the same manner as Plan
amendments consistent with Section 9.
Notice of any hearing on amendments to the
implementing regulations generated by DCD
staff, the Board of County Commissioners or
the Planning Commission outside of the
annual Comprehensive Plan amendment
process shall be given by one (1) publication
in the official newspaper of the county at
least ten (10) days prior to the date of the
hearing and by posting a copy of the notice
of hearing in the Jefferson County
Courthouse.
Any additional notice required by state or
local law (e.g., statutory notice requirements
for amendments to the Shoreline Master
Program), or deemed appropriate by the
b.
-
c.
Unified Development Code
Section 9 . Comprehensive Plan
& GMA Implementing Regulations Amendment Process
Administrator, shall be paid for by the
applicant.
3. Planning Commission Review. The Planning
Commission shall hold a public hearing on any
amendment(s) to the implementing regulations
and shall make a recommendation to the Board
of County Commissioners using the site-specific
criteria set forth in Section 9.8.1(b) and (c), as
applicable.
4. Board of County Commissioners Review. The
Board of County Commissioners shall consider
the proposed amendments at a regularly
scheduled meeting.
a. If after applying the criteria set forth in
Section 9.8.1(b) and (c), as applicable, the
Board of County Commissioners concludes
that no change in the recommendation of the
Planning Commission is necessary, the
board may make a final determination on the
proposed amendment(s) and adopt the
amendments as recommended by the
Planning Commission.
b. If after applying the criteria set forth in
Section 9.8.1 (b) and (c), as applicable, the
Board of County Commissioners concludes
that a change in the recommendation of the
Planning Commission is necessary, the
change shall not be incorporated until the
board conducts its own public hearing using
the procedures set forth under Section 8.4.6
of this Code. The hearing shall be noticed
by one (1) publication in the official
newspaper of the county at least ten (10)
days prior to the date of the hearing, and by
posting copies of the notice of hearing in the
Jefferson County Courthouse. The notice
and public hearing for proposed
amendments to implementing regulations
may be combined with any notice or public
hearing for proposed amendments to the
Comprehensive Plan or for other actions of
the Board of County Commissioners.
5. Transmittal to State. The Administrator shall
transmit a copy of any proposed amendment(s)
to the implementing regulations at least sixty (60)
days prior to the expected date of final action by
the Board of County Commissioners, as
consistent with Chapter 36.70A RCW. The
Administrator shall transmit a copy of any
adopted amendment(s) to the implementing
regulations to OCD within ten (10) days after
adoption by the board.
6. Appeals. All appeals to the adoption of any
amendment(s) to the implementing regulations
shall be filed with and processed by the Western
9-7
SECTION 9 . COMPREHENSIVE PLAN & GMA IMPLEMENTING REGULATIONS AMENDMENT PROCESS
Washington Growth Management Hearings
Board in accordance with the provisions of
Chapter 36.70A. RCW.
9-8
Unified Development Code
Section 9 . Comprehensive Plan
& GMA Implementing Regulations Amendment Process
"""""
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;II""
SECTION 1 0
,.
Enforcement
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Section
SECTION 1 0 . ENFORCEMENT
Page
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
Intent...............................................................................................................................................................1
Violations. ........................................................................................................................................................1
Enforcement and Duty to Enforce....................................................................................................................1
Site Investigation and Right of Entry................................................................................................................2
Notice of Voluntary Correction. ........................................................................................................................2
Notice and Order. ............................................................................................................................................3
Stop Work Order and Emergency Order..........................................................................................................4
Appeal to Hearing Examiner. ...............................,...........................................................................................4
Final Order - Enforcement...............................................................................................................................4
Suspension and Revocation of Permits...........................................................................................................5
Civil and Criminal Penalties. ..........................................................,.................................................................5
Exception to Enforcement and Penalties - Land Divisions. ............................................................................6
Recovery of Civil Penalty and Cost of Abatement ...........................................................................................6
10.1 Intent.
1. The primary intent of all enforcement actions
described in Section 10 is to educate the public
and to encourage the voluntary correction of
violations to protect the public health, safety and
welfare. If voluntary compliance fails or is
inapplicable in a given case civil and criminal
penalties will be used when necessary to ensure
compliance with the provisions of this UDC.
Criminal charges will be brought only when civil
remedies have failed to ensure compliance and
all lesser enforcement tools have proved futile.
2. Nothing in this section shall be construed to
prevent the building official, fire marshal, or local
fire chief from following the enforcement process
and provisions of the Uniform Building Code, the
Uniform Fire Code, or any other standardized
code adopted by the county. .
10.2 Violations.
1. It is a violation of this UDC for any person to
initiate or maintain, or to cause to be initiated or
maintained, any Ùse, alteration, construction,
location, or demolition of any structure, land, or
property within Jefferson County without first
obtaining permits or authorizations required by
this UDC.
2. It is a violation of this UDC to remove or deface
any sign, notice, complaint, or order required by
or posted in accordance with this UDC.
3. It is a violation of this UDC to misrepresent any
material fact in any application, plans, or other
Unified Development Code
Section 10 . Enforcement
4.
information submitted to obtain any land use
authorization.
It is a violation for any person to fail to comply
with provisions of this Code, to fail to comply with
the terms or conditions of a permit issued
pursuant to this UDC, or to fail to comply with
any or all Notices or Orders issued pursuant to
this section.
10.3 Enforcement and Duty to Enforce.
1. Provisions of this UDC will be enforced for the
benefit of the health, safety, and welfare of the
general public and the environment and, not for
the benefit of any particular person or class of
persons.
2. The Administrator is authorized to use the
provisions of this section to remove, prevent and
stop violations of this UDC. The Administrator
may call upon law enforcement, fire, health, or
other appropriate County departments to assist
in enforcement
3. The owner of any real or personal property
subject to enforcement action and/or any person
responsible for a violation at a particular site or
real property shall be individually and jointly
liable for failure to comply with this UDC or to
comply with any and all notices or orders issued
pursuant to this Code.
4. No provision or term used in this section is
intended to impose any duty upon the County or
any of its officers or employees, which would
10-1
SECTION 10 . ENFORCEMENT
-../
subject them or the County to damages in a civil
action.
10.4 Site Investigation and Right of
Entry
1. Any person submitting an application for any
land use permit or any other land use activities
shall also be requested to give written consent to
on-site inspection of their property solely for the
purpose of assessing compliance with any or all
county development regulations applicable to the
land use permit or proposal submitted by that
applicant.
2. The Administrator may, with the written consent
of the owner, enter any building, structure,
property or portion thereof at reasonable times to
inspect the same in order to determine whether
the applicant and/or owner are in compliance
with any and all development regulations
applicable to the land use permit or proposal
submitted by that applicant.
3. If written consent of the applicant or owner to
enter private property exists and if the
Administrator should find such building,
structure, property or portion thereof to be
occupied, then the Administrator shall present
identification credentials, state the reasons for
the inspection, and request entry.
4. If written consent of the applicant or owner to
enter private property exists and if the
Administrator should find such building,
structure, property or portion thereof to be
unoccupied, then the Administrator shall first
make a reasonable effort to locate the owner or
other persons having charge or control of the
building, structure, property or portion thereof
and request entry. If the Administrator is unable
to locate the owner or such other persons, and
has reason to believe that conditions therein
create an immediate and irreparable land use of
safety hazard, the Administrator may enter to
investigate land use violations or safety hazards.
5. Should the Administrator be denied written
consent to access such private property in order
to carry out the purpose and provision of this
Section 10.4, then the Administrator shall, if entry
upon private property is deemed necessary, be
required to obtain a lawful søarch warrant
executed by a neutral magistrate or judge based
upon sufficient swom proof of probable cause
prior to entry upon private property.
6. At such time as the County, through its
Administrator, concludes that the applicant has
complied with all development regulations
10-2
applicable to the applicant's proposal or
application for one or more land use permits the
written consent to enter the premises of the
applicant for inspection and observation as
permitted by this Section 10.4 shall immediately
expire.
Because there will be circumstances, a complaint
or facts where an investigation of real property
will be required that does NOT arise from an
existing application or request for one or more
land use permits, the Administrator is permitted
to take all lawful steps to investigate those
circumstances or facts, including, but not limited
to, obtaining a lawful search warrant executed by
a neutral magistrate or judge based upon
sufficient sworn proof of probable cause prior to
entry upon private property.
10.5 Notice of Voluntary Correction.
1. If after investigation, the Administrator
determines that any provision of the UDC has
been violated, a notice of voluntary correction
letter should be the first attempt at obtaining
compliance. If voluntary compliance is not
obtained, the Administrator shall serve a Notice
and Order, as set forth in Section 10.6.6, upon
the owner and person(s) responsible for the
violation.
7.
-...;I
2. The Notice of Voluntary Correction shall state the
following:
a. the street address, when available, and/or a
legal description of real property sufficient to
identify where the violation occurred or is
located;
b. description of the activity that is causing a
violation;
c. each provision violated under county
regulations;
d. the corrective action necessary to comply
with said provisions;
e. a reasonable time and date by which the
corrective action is to be completed,
however, in no event shall the time given for
voluntary correction be greater than 60
calendar days, except as provided in
Section 10.5.4; and
f. that continued or subsequent violation may
result in civil enforcement actions, as
provided in Section 10.11, to include
monetary civil penalties, and/or abatement
proceedings enforceable as a lien against
property or as a personal obligation.
--../
Unified Development Code
Section 10 . Enforcement
,....
SECTION 10 . ENFORCEMENT
,....
3. Following a Notice of Voluntary Correction, the
Administrator and person in violation may meet
to develop a compliance plan. The compliance
plan shall establish a reasonable and specific
time frame for compliance. No further action will
be taken if the terms of the compliance plan are
met. If no compliance plan is established, a
notice and order will proceed.
4. Upon written request received prior to the
correction date, an Administrator may, for good
cause shown, grant an extension of the date set
for correction for an amount of time as deemed
reasonable by the Administrator. The
Administrator may only consider as good cause
(1) substantial completion of necessary
correction; (2) unforeseeable circumstances not
caused by the person so as to make completion
impossible by the date established; or (3)
procedural requirements for obtaining a permit to
carry out the corrective action.
5. The voluntary correction process is optional as
deemed by the Administrator. If the Administrator
believes that the requirements of this section are
not being met, the Administrator shall, in addition
to the Notice and Order, issue applicable Stop
Work or Emergency Orders.
10.6 Notice and Order.
1. Whenever the voluntary correction process set
forth in Section 10.5 is unsuccessful, or the
Administrator believes that the violation can only
be promptly and equitably corrected by an
immediate administrative notice and order, the
Administrator shall issue a written notice and
order directed either to the owner or operator of
the source of violation, the person in possession
of the property where the violation originates or
the person otherwise causing or responsible for
the violation.
,....
2. The Notice and Order shall state the following:
a. the street address, when available, and/or a
legal description of real property sufficient to
identify where the violation occurred or is
located;
b. A statement that the Administrator has found
the person to be in violation of a land use
regulation, with a brief and concise
description of the conditions found to be in
violation and a reference to county
regulation(s) which has been violated;
c. A statement of the corrective action required
to be taken. If the Administrator has
determined that corrective work is required,
Unified Development Code
Section 10 . Enforcement
the notice and order shall require that all
required permits be secured, that work
physically be commenced and that the work
be completed within such times as the
Administrator determines are reasonable
under the circumstances;
d. A statement specifying the amount of any
civil penalty that may be assessed and
subsequently perfected and collected at a
later date on account of the violation and, if
applicable, the conditions on which the
assessment of such civil penalty is based;
e. A statement advising that if any work is not
commenced or completed within the times
specified, the Administrator will proceed to
cause abatement of the violation and cause
the work to be done and charge costs as a
lien against the property;
f. A statement advising that if any assessed
civil penalty is not paid, the Administrator will
charge the amount of the penalty as a lien
against the property and as a joint and
separate personal obligation of any person
in violation; and
g. A description of the available appeals
process.
3. The notice and order may be appealed within 14
calendar days from the date of the notice and
order to the hearing examiner, pursuant to the
provisions of Section 10.8. The appeal shall be
accompanied by an appeal fee in an amount set
forth by the County.
4. Any per-day civil penalty shall not accrue during
the pendancy of such administrative appeal,
unless the hearing examiner determines that the
appeal is frivolous or intended solely to delay
compliance.
5. A failure to file a timely and complete appeal will
constitute a waiver of all rights to an
administrative appeal under this UDC.
6. The Notice of Voluntary Correction, Notice and
Order, Stop Work Order, or Emergency Order
shall be selVed upon the owner and person(s)
responsible for the violation by the Administrator
or his designated representative over the age of
18. The Administrator may also mail a certified
copy of such notice and orders, mailing such a
certified copy of the notice and orders to the fee
or record owner of the property at the address
where that record owner receives the related tax
bills for that real property from the Jefferson
County Treasurer. If the address of any such
10-3
SECTION 10 . ENFORCEMENT
......,/
person cannot reasonably be ascertained, a
copy of the notice and order shall be mailed to
such person at the address of the location of the
violation. The failure of any such person to
receive such notice shall not affect the validity of
any proceedings taken under this section.
Service by mail in the manner provided in this
section shall be effective on the date of
postmark. The notice and order may be, but is
not required to be, posted on the subject
property.
10.7 Stop Work Order and Emergency
Order.
1.
Stop Work Order. Whenever a continuing
violation of any regulations within the UDC will 1)
materially impair the Administrator's ability to
secure compliance with the UDC, or 2) threaten
the health or safety of the public, or 3) threaten
or harms the environment, then the Administrator
may issue a stop work order specifying the
violation and prohibiting any work or other
activity at the site. The order may be posted on
the subject property or may be served on
persons engaged in any work in violation of this
section. No further work or activity shall proceed,
unless and until authorized by the Administrator
in writing. In the event the Administrator issues a
stop work order, the voluntary correction
procedures of Section 10.5 and the notice and
order provisions of Section 10.6 shall not apply.
A failure to comply with a stop work order shall
constitute a violation of this section.
Emergency Order. Whenever any use or activity
in violation of the UDC threatens the health or
safety of occupants of the premises or property,
any member of the public or the environment, the
Administrator may issue an Emergency Order
directing that the use or activity be discontinued
and the condition causing threat to health and
safety or threat and harm to the environment be
corrected. The Emergency Order shall be served
on the person(s) responsible pursuant to Section
10.6.6, which shall specify the time for
compliance, and should be posted in a
conspicuous place on the premises, if posting is
physically possible. Failure to comply with an
Emergency Order shall constitute a violation of
this Code. In the event the Administrator issues a
emergency order, the voluntary correction
procedures of Section 10.5 and the notice and
order provisions of Section 10.6 shall not apply.
A failure to comply with a emergency order shall
constitute a violation of this section.
2.
10-4
10.8 Appeal to Hearing Examiner.
1. Appeal. A person to whom a formal notice and
order or an abatement order is directed may
appeal such order by filing a written notice of
appeal with DCD within 14 calendar days from
the date of the notice and order to the hearing
examiner pursuant to the provisions of Section 8.
2. Fee. The appeal shall be accompanied by an
appeal fee in an amount set forth by the County.
3. Stay. Any per-day civil penalty shall not accrue
during the pendency of such administrative
appeal unless the hearing examiner determines
that the appeal is frivolous or intended solely to
cause delay. Enforcement of any formal notice
and order or abatement order of a Administrator
issued pursuant to this section shall be stayed
during the pendency of any appeal under this
section, except when the Administrator issues an
emergency order and/or stop work order
pursuant to Section 10.7.
4. Waiver. Failure to file a timely and complete
appeal will constitute a waiver of all rights to an
administrative appeal under the UDC.
5. Administrative Conference. At any time prior to
the convening of an appeal hearing of a notice
and order issued pursuant to Section 10.6, an
informal administrative conference may be
conducted by the Administrator for the purposes
of bringing communications between concerned
parties and providing a forum for efficient
resolution of any violation. The Administrator
may call a conference on his or her own initiative
or in response to a request from the appellant.
Any person attending this informal administrative
conference agrees that any settlement offer(s) ,
statements or representations made at that
conference by any person or by the Administrator
shall not be admissible at any subsequent
hearing or proceeding. As a result of information
developed at the conference, the Administrator
may affirm, modify or revoke the order. If the
order is to be modified, a supplemental notice
and order shall be issued which shall be subject
to the same procedures applicable to all notices
and orders contained in this section. The
administrative conference is optional with the
Administrator, and is not a prerequisite to
utilization of any of the enforcement provisions
described in this section.
.....,/
10.9 Final Order.;.. Enforcement.
1. If, after any order duly issued by the
Administrator has become final, the person to
~
Unified Development Code
Section 10 . Enforcement
".....
".....
".....
SECTION 1 0 . ENFORCEMENT
whom such order is directed fails, neglects or
refuses to obey such order, including refusal to
pay a civil penalty assessed and later perfected
pursuant to such an order, pursuant to Section
10.11, the Administrator may, with assistance
from other County agencies if needed:
a. Institute any appropriate action needed to
collect a civil penalty assessed under this
section; and/or
b. Abate the land use violation using the
procedures of this section; and/or
c. Pursue criminal penalties as set forth in
Section 10.11; and/or
d. Pursue any other appropriate remedy at law
or equity under this section.
10.10 Suspension and Revocation of
Permits
abets such violation shall be subject to civil
penalties as provided in this section.
a. Civil penalties may be assessed by the
Administrator by means of a formal notice
and order issued pursuant to this section
and may be recovered by legal action filed
by the Prosecuting Attorney.
b. Civil penalties, once perfected through the
appropriate legal action, shall be collected in
the same manner as judgments in civil
actions.
c. Civil penalties shall be a cumulative penalty
in the amount of $100.00 per day for each
violation. Penalties for the second separate
violation of a like nature by the same person
within a period of two years shall be double
that rate.
d. Each and every day or portion thereof during
which any violation is committed, continued,
permitted or not corrected shall be deemed
a violation for purposes of this section. Civil
penalties for violation of any formal notice
and order to correct the violation, stop work
order, emergency order or any other order
issued by the Administrator pursuant to this
section (except an order to secure voluntary
correction) shall begin to accrue on the first
day the order is served and shall cease on
the day the violation is actually stopped or
the correction is completed.
e. In addition to the penalties set forth in
Section10.11, violations causing significant
damage as defined by the following acts
may also be assessed penalties at an
amount reasonably determined by the
Administrator to be equivalent to the
economic benefit that the violator derives
from the violation, as measured by the
greater of the resulting increase in market
value of the property or the value received
by the violator, or savings of construction
costs realized by the violator:
(1) Grading (filling and/or excavation),
clearing of vegetation and trees,
and/or draining of riparian corridors,
wetlands and their buffers; or
(2) Destruction of a historic landmark, or
cultural or archaeological artifact as
defined by county ordinance.
Payment of a civil penalty initially assessed
pursuant to this section does not relieve a person
of the duty to correct or remediate the violation
as ordered by the Administrator.
1. Suspension-Cause. The Administrator may
temporarily suspend any permit issued under the
UDC for:
a. Failure of the
requirements
regulations,
thereunder; or
b. Failure of the holder to comply with any
order issued pursuant to this section; or
c. Interference with the Administrator in the
performance of his/her duties; or
d. Discovery by the Administrator that a permit
was issued in error or on the basis of
incorrect information supplied to the county.
e. Failure to comply with the conditions and/or
mitigation measures of any land use permit.
2. Whenever the Administrator finds just cause,
permit suspension shall be carried out through
the notice and order provisions of Section 10.6
and shall be effective upon service of the notice
and order.
3. The holder or operator of the permit may appeal
the suspension as provided for by Section 10.8.
4. Revocation-Cause. The Administrator may per-
manently revoke any permit issued under the
UDC for just cause under Section 10.10.1 a-e.
10.11 Civil and Criminal Penalties.
1. Civil Penalties. Any person who violates any
development regulations, or rules or regulations
adopted under the UDC, or the conditions and/or
mitigation measures of any permit issued
pursuant to such ordinance, rule or regulation, or
who, by any act or omission procures, aids or
holder to comply with the
of any development
or rules promulgated
2.
Unified Development Code
Section 10 . Enforcement
10-5
SECTION 10 . ENFORCEMENT
.......,/
3. In addition to any other penalty under this
section, the Administrator is authorized to
suspend or revoke any permits issued pursuant
to the UDC as further set forth in this section.
4. Criminal Penalties. As a final alternative to any
other administrative or legal remedies under this
Section, any person who willfully or knowingly
violates or fails to comply with any stop work
order or emergency order, issued by the
Administrator pursuant to this section, is guilty of
a misdemeanor and upon conviction shall be
punished by a fine of not more than $1,000 or by
imprisonment for not more than 180 days, or by
both such fine and imprisonment. Each day such
violation or failure to comply continues shall be
considered an additional misdemeanor offense.
5. Additional. Relief. Notwithstanding other
remedies in this section, the Administrator may
seek legal or equitable relief to enjoin any acts or
practices or abate any conditions which
constitute or will constitute a violation of any land
use provision or regulations adopted under the
UDC when civil or criminal penalties are
inadequate to effect compliance.
6. Violator's Liability For Damages. Any person
who violates any provisions or any permit issued
under the UDC shall be liable for all damage to
public or private property arising from such
violation, including the cost of restoring the
affected area to its condition prior to violation.
The Prosecuting Attorney may bring suit for
damages under this Section on behalf of the
County. If liability has been established for the
cost of restoring an area affected by a violation,
the court shall make provision to assure that
restoration will be accomplished within a
reasonable time at the expense of the violator.
10.12 Exception to Enforcement and
Penalties - land Divisions.
The procedures and penalties of this section
expressly do not repeal and replace the penalties and
enforcement provisions of Section 7, land Divisions,
but shall apply only to conditions of final plat
approval. All other enforcement and penalty
provisions of Section 7, as they now exist or are later
amended, shall remain in full force and effect.
10.13 Recovery of Civil Penalty and
Cost of Abatement
1. Lien - Authorized. Jefferson County shall have
an unperfected lien for any civil penalty imposed
or for the cost of any abatement work done
pursuant to this section, or both, a!~ainst the real
10-6
property on which the civil penalty was imposed
or any of the abatement work performed.
2. Personal Obligation - Authorized. The civil
penalty and the cost of abatement are also joint
and separate personal obligations of any person
or entity in violation. The Prosecuting Attorney on
behalf of the County may collect the civil penalty
and abatement work costs by use of all
appropriate legal remedies.
3. Lien - Foreclosure. The Administrator shall
cause a claim for lien to be filed for record in the
Jefferson County Auditor's Office within 90 days
of the date when the lien was perfected.
4. The claim of lien shall contain the following:
a. The authority for imposing a civil penalty or
proceeding to abate the violation, or both;
b. Proof, which may come from the document
itself, of the legal perfection of the lien;
c. A brief description of the civil penalty
imposed or the abatement work done, or
both, including the violations charged and
the duration thereof, including the time the
work is commenced and completed and the
name of the persons or organizations
performing the work;
do A legal description of the property to be
charged with the lien;
e. The name of the known or reputed owner,
and, if not known, the fact shall be alleged;
and
f. The amount, including lawful and reasonable
costs for which the lien is claimed.
5. Verification. The Administrator shall sign and
verify the claim by oath to the effect that the
Administrator believes the claim is just.
6. Amendment. The claim of lien may be amended
in case of action brought to foreclose same, by
order of the court, insofar as the interests of third
parties shall not be detrimentally affected by
amendment. Nothing shall prevent the
Administrator from removing or reducing the civil
assessment or lien upon satisfactory evidence
that the violation of this development code has
been abated, resolved, or removed.
7. Foreclosure. The lien provided by this section,
once perfected and recorded as a lien against
any real property owned in Washington by the
debtor, may be foreclosed and enforced by a civil
action in a court having jurisdiction. All persons
who have legally filed claims of liens against the
same property prior to commencement of the
-..../
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Unified Development Code
Section 10 . Enforcement
-
-
-
SECTION 10 . ENFORCEMENT
action shall be joined as parties, either plaintiff or
defendant.
Unified Development Code
Section 10 . Enforcement
10-7
,.
APPEN DIX A
'"
Jefferson County Building Code Provisions
.
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-
ORDINANCE NO. 03-0713-98
AN ORDINANCE RELATING TO
BUILDING CODE PROVISIONS FOR JEFFERSON COUNTY
JEFFERSON COUNTY BOARD OF COMMISSIONERS
,.....
Glen Huntingford, Chairman
Richard Wojt, Member
Daniel Harpole, Member
JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
BUILDING DIVISION
AI Scalf, Director
Michael Ajax, Building Official
Brad Wold, Building Inspector
Jeff Avery, Building Inspector
-
July 13, 1998
,.....
TABLE OF CONTENTS.
PAGE
SECTION 1: FINDINGS OF FACT 2
SECTION 2: PURPOSE 3
SECTION 3: ADMINISTRATION AND ENFORCEMENT OF CODE 3
SECTION 4: ADOPTION OF NATIONAL AND STATE
CODES BY REFERENCE 3
SECTION 5: UNIFORM BUILDING CODE AMENDMENTS
AND CLARIFICATIONS 4
SECTION 6: DEPARTMENT APPROVALS 4
- 6.10 Department of Health and Human Services 4
6.20 Department of Community Development - Development Review
Division 4
6.30 Department of Community Development - Building Division 5
6.40 Department of Public Works 5
6.40 Washington Sate Department of Transportation 5
SECTION 7: LEGAL PROVISIONS 5
7.10 Penalties 5
7.20 Declared Nuisance 5
7.30 Repealer 5
7.40 Severability 6
7.50 Liberal Construction 6
7.60 Effective Date 6
7.70 Adoption 6
,.....
An Ordinance Relating to Building Code Provisions
1
.......,;
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF incorporating
by reference the 1997 Edition ofthe
State Uniform Building Code
}
}
}
Ordinance No. 03-0713-98
SECTION 1: FINDINGS OF FACT
The Jefferson County Board of Commissioners enter the following findings:
1.
The current county Building Code Ordinance has been in effect, without amendment, since
Ordinance No. 01-0208-93, adopted by the Board of County Commissioners on February 8,
1993.
2.
Pursuant to Chapter 19.27 RCW, the State Legislature has delegated the responsibility for
update and amendment of the Uniform Codes to the State Building Code Council.
~
3.
The State Building Code Council adopted 1997 Uniform Codes and required
implementation of those codes enumerated in WAC 51-11, WAC 51-13, WAC 51-40,
WAC 51-42, WAC 51-44, WAC 51-45, WAC 51-46, and WAC 51-47.
4.
The Uniform Codes enumerated in WAC 51-11, WAC 51-13, WAC 51-40, WAC 51-42,
WAC 51..44, WAC 51-45, WAC 51-46, and WAC 51-47 become effective in all counties
and cities of this state on July 1, 1998, unless local amendments are approved by the State
Building Code Council.
5.
The Long Range Planning Division, with advice and input from the Building Official, has
prepared this ordinance relating to Building Code Provisions for Jefferson County repealing
and replacing the current Building Code Ordinance which is obsolete, deficient, and in
conflict with the state building code.
6.
The Board of County Commissioners finds that the public health, safety, and welfare of the
citizens of Jefferson County require immediate adoption of this ordinance relating to
building code provisions.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners:
......,/
An Ordinance Relating to Building Code Provisions
2
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,-...
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SECTION 2: PURPOSE
The purpose of this ordinance is to enhance the health, safety, and welfare ofthe public by ensuring
that dwellings, buildings, structures, and land will be constructed, maintained, and/or used in a
manner so as to reduce hazards, increase durability, and provide consistent patterns of community
development.
SECTION 3: ADMINISTRATION AND ENFORCEMENT OF CODE
The Jefferson County Building Official is charged with the administration and enforcement of the
Jefferson County Building Code Ordinance. To this end, the Building Official may retain
necessary personnel, conduct inspections and investigations, issue appropriate permits, maintain
necessary records and files, and do or cause to be done all things necessary and proper for the
administration and enforcement of the Jefferson County Building Code Ordinance.
SECTION 4: ADOPTION OF NATIONAL AND STATE CODES BY REFERENCE
The following codes, regulations, and statutes are hereby adopted by reference in their current form,
or as hereafter may be amended, subject to the modifications and/or amendments set forth herein
below:
1.
WAC 51-40 Uniform Building Code. The 1997 edition ofthe Uniform Building Code as
published by the International Conference of Building Officials is hereby adopted by
reference with the additions, deletions, and. exceptions noted in the Washington
Administrative Code;
2.
WAC 51-42 Uniform Mechanical Code. The 1997 edition of the Uniform Mechanical
Code as published by the International Conference of Building Officials is hereby
adopted by reference with the exceptions noted in the Washington Administrative Code;
3.
WAC 51-44 Uniform Fire Code and WAC 51-45 Uniform Fire Code Standards. The
1997 edition of the Uniform Fire Code as published by the International Fire Code Institute,
including Appendix IT-F, Protected Aboveground Tanks For Motor Vehicle Fuel
Dispensing Stations Outside Buildings, and Appendix IT-J, Storage of Flammable and
Combustible Liquids in Tanks Located Within Below-Grade Vaults, is hereby adopted by
reference with the additions, deletions, and exceptions noted in the Washington
Administrative Code.
4.
WAC 51-46 Uniform Plumbing Code and WAC 51-47 Uniform Plumbing Code
Standards. The 1997 edition of the Uniform Plumbing Code, published by the
International Association of Plumbing and Mechanical Officials, is hereby adopted by
reference with the following additions, deletions, and exceptions: Provided, that Chapters
11 and 12 of this Code are not adopted. Provided further, that those requirements ofthe
An Ordinance Relating to Building Code Provisions
3
--
Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as
found in Chapter 5 and those portions of the Code addressing building sewers are not
adopted;
......,/
5.
WAC 51-11 Washington State Energy Code and Amendments. The Washington State
Energy Code and Amendments, adopted by the Washington State Building Code Council,
are hereby adopted by reference with the exceptions noted in this chapter of the Washington
Administrative Code;
6.
WAC 51-13 Washington State Ventilation and Indoor Air Quality Code and
Amendments. The Washington State Ventilation and Indoor Air Quality Code ánd
amendments, adopted by the Washington State Building Code Council, are hereby adopted
by reference with the exceptions noted in this chapter of the Washington Administrative
Code.
SECTION 5: UNIFORM BUILDING CODE AMENDMENTS AND CLARIFICATIONS
1.
Chapter 3, Permits and Inspections, Section 106.2, Work Exempt from Permit, is amended
to include the following exemptions, which read as follows:
#12.
Minor construction and alteration activities to Group R, Division 3 and
Group U, Division 1 Occupancies, as determined by the building official,
which the total valuation, as determined in Section 107.2 or as documented
by the applicant to the satisfaction of the building official, does not exceed
one thousand five hundred ($1,500) dollars in any twelve-month period.
......,/
#13.
Buildings or structures erected exclusively for the storage of livestock, feed,
and/or farm implements, providing said structures are: free standing, unless
attached to another agricultural building; do not contain plumbing, except as
necessary to maintain farm animals; do not contain a heat source, such as a
woodstove or electric heat, unless specifically permitted.
SECTION 6: DEPARTMENT APPROVALS
6.10 Department of Health and Human Services - Environmental Health Division: For those
structures, uses, or developments that require review for adequate provision of water and sewage
disposal, no building permit shall be issued unless and until application for the permit has been
approved by the Jefferson County Department of Health and Human Services. The Department of
Health and Human Services shall review applications to ascertain whether the property does or will
have an adequate water and sewerage system.
6.20 Department of Community Development - Development Review Division: No building
permit shall be issued unless and until the application for the permit has been approved by the
Jefferson County Department of Community Development - Development Review Division when
such approval is required by ordinance.
....../
An Ordinance Relating to Building Code Provisions
4
-
6.30 Department of Community Development - Building Division. Pursuant to RCW
19.27.097, each applicant for a building permit of a building necessitating potable water shall
provide evidence of an adequate water supply for the intended use of the building. Evidence may
be in the form of a water right permit from the Department of Ecology, a letter from an approved
water purveyor stating the ability to provide water, or another form sufficient to verify the existence
of an adequate supply. In addition to other authorities, the county or city may impose conditions on
building permits requiring connection to an existing public water system where the existing system
is willing and able to provide safe and reliable potable water to the applicant with reasonable
economy and efficiency. An application for a water right shall not be sufficient proof of an
adequate water supply.
6.40 Department of Public Works: When a proposed structure, use, or development is to access
onto a county road, no building permit shall be issued unless and until a road approach permit,
either temporary or permanent, has been issued by the Jefferson County Department of Public
Works pursuant to the Jefferson County Road Approach Ordinance, No. 09-0727-92, and any
future amendments and/or revisions, and RCW 36.75.
-
6.50 Washington State Department of Transportation: When a proposed structure, use, or
development is to access onto a state road or highway, no building permit shall be issued unless and
until a state road approach permit, either temporary or permanent, has been issued by the
Washington State Department of Transportation pursuant to RCW 47.50. .
SECTION 7: LEGAL PROVISIONS
7.10 Penalties: Unless otherwise more specifically provided, any person, firm, or corporation
violating any of the provisions of this ordinance shall be deemed guilty ofa misdemeanor and each
such person, firm, or corporation shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any of the provisions of this ordinance is
committed, continued, or permitted. Upon conviction of any such violation, such person, firm or
corporation shall be punished by a fine of not more than one thousand dollars ($1,000) or by
impnsonment for not more than ninety (90) days, or by both such fine and imprisonment.
7.20 Declared Nuisance: Unless otherwise more specifically provided, any building or structure
hereafter set-up, erected, built, moved, or maintained, or any use of property now or hereafter
contrary to the provisions of the Jefferson County Building Code Ordinance, shall be declared
unlawful and a public nuisance. Compliance with this ordinance may be enforced by: (a) a
mandatory injunction brought by the owner or owners of land in proximity to the land with the
prescribed condition; or, (b) an action or proceeding, brought by the Jefferson County Prosecuting
Attorney in a court of competent jurisdiction, to abate, remove, and enjoin such nuisance.
7.30 Repealer: This ordinance hereby repeals and replaces Ordinance No. 01-0208-93.
-
An Ordinance Relating to Building Code Provisions
5
7.40 Severability: If any section, subsection, sentence clause; or phrase of this ordinance or its
application to any person or circumstances is held invalid, the remainder of the ordinance or the
application to other persons or circumstances shall not be affected.
~
7.50 Liberal Construction: The rule of strict construction shall have no application to this
ordinance, instead, this ordinance shall be liberally construed in order to carry out the purpose and
objectives for which it is intended.
7.60
Effective Date: This ordinance shall be effective this - day of
,1998.
7.70
Adoption: Adopted by the Jefferson County Board of Commissioners this - day of
,1998.
SEAL:
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
~
Glen Huntingford, Chairman
ATTEST:
Richard Wojt, Member
Lorna Delaney, CMC
Clerk of the Board
Daniel Harpole, Member
APPROVED AS TO FORM ONLY:
Paul McIlrath, Jefferson County
Deputy Prosecuting Attorney
Al Scalf, Director of Community
Development
~
An Ordinance Relating to Building Code Provisions
6
,....
APPENDIX B
.,1""
Port Ludlow Master Planned Resort
Ordinance No. 08-10-1004-99
,1""
,....
STATE OF WASIDNGTON
COUNTY OF JEFFERSON
AN ORDINANCE repealing the interim
development controls of Ordinance
10-1214-98 and adopting new development
regulations for the Port Ludlow Master
Planned Resort.
)
)
)
)
)
ORDINANCE NO. 08-1004-99
WHEREAS, Jefferson County adopted its 20 year comprehensive land use plan on August 28,
1998.
WHEREAS, The Comprehensive Plan designated the Port Ludlow community as a Master
Planned Resort based on the provisions contained in RCW 36.70A.362; and
WHEREAS, the County is required to adopt development regulations that are consistent with the
provisions of the Comprehensive Plan; and
WHEREAS, emergency interim regulations were adopted for the Master Planned Resort, one
appeal was filed and others were under consideration, and, as an alternative to an appeal process
and in consideration of dismissal of the appeal, the County initiated mediation between
stakeholders representing a wide range of community interests; and
,....
WHEREAS, the stakeholder interest groups have reached consensus on the issues related to this
phase of the planning process that might otherwise have been subject to appeal; and
WHEREAS, a memorandum of understanding between Olympic Water and Sewer, Inc. and
Jefferson County accompanies this ordinance and provides for equitable allocation of sewer
services within the boundary of the Master Planned Resort for at least the next 20 years; and
WHEREAS, Olympic Resource Management has agreed that vested preliminary plat applications
within the Master Planned Resort shall be subject to the tenns and provisions of this ordinance,
and further acknowledges that future resort development will require altering and partially
vacating approved plat development; and
WHEREAS, a development agreement setting forth provisions and limitations on future resort
and related development plans is expected to proceed through a separate public review and
adoption process; and
WHEREAS, the environmental impacts of this Ordinance are within the scope of the impacts
anticipated by the County's Comprehensive Plan and within the range of impacts evaluated in the
1993 environmental studies referenced below; and
,....
WHEREAS, environmental review for the new regulations has been completed and included
adoption of the Draft and Final Environmental Impact Statements (EISs) for the Jefferson County
Comprehensive Plan (published February 1997 and May 1998), the Draft and Final EISs for the
Inn at Port Ludlow (October 1992 and April 1993), and the Draft and Final EISs for the Port
Ludlow Development Program (October 1992 and April 1993);
NOW, THEREFORE, The Jefferson County Board of Commissioners does ordain as follows:
Page 1 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 1
AUTHORITY AND PURPOSE
-/
Section 1.10 Authority and Table of Contents:This ordinance is adopted pursuant to Chapter
36.70 RCW. The Table of Contents for the MPR regulations set forth in this ordinance is as
follows:
SECTION 1 AUTHORITY AND PURPOSE
1.10 Authority and Table of Contents
1.15 Title
1.20 Purpose and Intent
1.30 Rules of Interpretation
1.40 Additional Requirements
1.50 Qualified Lead Planner
1.60 Public Notice Roster
SECTION 2 SCOPE OF REGULATIONS
2.10 Applicability
2.20 Compliance With Regulations Required
2.30 Exemptions
2.40 Non-conforming Uses
2.50 Non-conforming Structures
2.60 Community Associations and Facilities
SECTION 3 PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRICTS
3.10 Single Family Zone (MPR-SF)
3.10 1 Purpose
3.102 Permitted Uses, Lot Size, and Density
3.103 Conditional Uses, Lot Size, and Density
3.104 Height Restrictions
3.105 Bulk and Dimensional Requirements
3.106 Commercial Forest Land Buffers
3.107 Accessory Dwelling Units Prohibited
3.108 Conceptual Site Plan Requirement
-/
3.20
Single Family Tract Zone (MPR-SFT)
3.201 Purpose
3.202 Permitted Uses
3.203 Conditional Uses
3.204 Height Restrictions
3.205 Bulk and Dimensional Requirements
3.206 Accessory Dwelling Units Prohibited
3.30
Multi-family Zone (MPR-MF)
3.301 Purpose
3.302 Permitted Uses
3.303 Conditional Uses
3.304 Height Restrictions
3.305 Bulk and Dimensional Requirements
-......./
Page 2 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
".......
3.40
3.50
3.60
3.70
".......
3.80
3.90
Resort Complex/Community Facilities Zone (MPR-RC/CF)
3.401 Purpose
3.402 Pennitted and Conditional Uses
3.403 Non-Resort Uses and Properties
3.404 Height Restrictions
3.405 Bulk and Dimensional Requirements
Village Commercial Center Zone (MPR- VC)
3.501 Purpose
3.502 Pennitted Uses
3.503 Conditional Uses
3.504 Height Restrictions
3.505 Bulk and Dimensional Requirements
Recreation Area (MPR-RA)
3.601 Purpose
3.602 Pennitted Uses
3.603 Height Restrictions
3.604 Bulk and Dimensional Requirements
Open Space Reserve (MPR-OSR)
3.701 Purpose
3.702 Pennitted Uses
3.703 Conditional Uses
3.704 Height Restrictions
3.705 Bulk and Dimensional Requirements
Development Cap
3.801 Development Cap and MERUs
3.802 MERU Record
3.803 MERU Allocation and Assignment
3.804 Initial Allocation of Commercial MERUs
3.805 Initial Allocation of Residential MERUs
3.806 MERU Transfer
3.807 MERU Allocation Not Property Specific; Limitations
Resort Development
3.901 Resort Plan
3.902 Permit Process for Resort Development
3.903 Requirement to Vacate or Withdraw Existing or Vested Development Rights
3.904 Environmental Review for Resort Plan Development
3.905 Revisions to Resort Plan
3.906 Major Revision
3.907 Minor Revisions
".......
Section 1.15 Title: The regulations set forth in this ordinance shall be known as the Port
Ludlow Master Planned Resort Code, or by the short title, MPR CQde. Citations to these
regulations may be made using the applicable section number and this ordinance number or the
name of this code.
Page 3 of 22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 1.20 Purpose and Intent: The purpose and intent of the MPR Code is to set forth
development regulations that comply with and are consistent with the Jefferson County
Comprehensive Plan for future development within the boundaries of the Port Ludlow Master
Planned Resort.
......."I
Section 1.30 Rules of Interpretation: The following rules apply in making interpretations of
the terms and conditions contained herein.
1.
For purposes of this Ordinance, all words used in the ordinance shall use normal and
customary meanings, unless specifically defined otherwise in this ordinance.
Words used in the present tense include the future tense.
The plural includes the singular and vice-versa.
The words "will" and "shall" are mandatory.
The words "may" and "should" indicate that discretion is allowed.
The word "used" includes designed, intended, arranged, or intended to be used.
The masculine gender includes the feminine and vice-versa.
2.
3.
4.
5.
6.
7.
Section 1.40 Additional Requirements: The following Ordinances and
requirements may qualify or supplement the regulations presented in this ordinance. Where the
regulations of this ordinance, those set forth below, or any other local, state, or federal regulations
overlap, the most restrictive and/or protective standards shall apply.
1.
2.
3.
4.
5.
6.
Ordinance No. 05-0509-94, Interim Critical Areas Ordinance.
Ordinance No. 10-1104-96, Stormwater Management Ordinance
Ordinance No. 04-0526-92, Subdivision Ordinance, as amended by this Ordinance
Chapter 246-272 WAC, On-Site Sewage Systems
Shoreline Management Master Program
Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this Ordinance (see
section 3.106) to limit agreements pursuant to section 7.20(1) of the Forest Lands
Ordinance so that when a new structure is proposed on land adjacent to land designated
as Commercial Forest Land, in no case shall an agreement be made which allows the
setback to be reduced to less than 150' and, further, a minimum average setback of 200'
shall be maintained, exclusive of critical areas and their associated setbacks.
All local and state monitoring, operational, and management requirements for sewer,
water, and stormwater utilities, updated as may be required by the local or state agency
with jurisdiction.
Ordinance No. 0-1 0828 98, Land Use Procedun~s Ordinance. The applicable provisions
of the Jefferson County Unified Development Code, which, in the case of the Port
Ludlow Master Planned Resort, relate exclusively to Section 8 (permit Application &
Review Procedures/SEP A Implementation), Section 9 (Comprehensive Plan and GMA
Implementin~ Re~ulations Amendment Process), and Section 10 (Enforcement) insofar
as they relate to project permit review procedures, resort plan amendment or revision
procedures, and enforcement specified under this Ordinance.
-../
7.
8.
Section 1.50 Qualified Lead ][Jlanner: The Director of the Department of Community
Development shall appoint a qualified planner to serve as the lead planner for the Port Ludlow
Master Planned Resort community. The lead planner shall review or coordinate review of all
land use applications within the MPR boundaries, and shall serve as the initial point of contact for
citizens seeking information on development proposals or planning issues in the community.
......."I
Page 4 of22
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,.....
-
ORDINAN CE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 1.60 Public Notice Roster: The Department of Community Development shall
establish and maintain a public notice roster which shall be used to provide notice of land use
applications within the MPR boundaries. The Port Ludlow MPR roster shall supplement any
other list of names or addresses to which the department provides public notice information. Any
person or organization may request to be added to the roster at any time.
SECTION 2
SCOPE OF REGULATIONS
Section 2.10 Applicability. The provisions of this Ordinance shall apply to all land, all
associated water areas and all uses and structures within the boundary of the Master Planned
Resort of Port Ludlow as depicted on the official land use map for Jefferson County, Washington.
Section 2.20 Compliance With Regulations Required. No structure shall hereafter be erected
and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or
structure be used, or arranged to be used for any purpose other than that which is included among
the uses listed in the following chapters as permitted in the zoning district in which the structure
or land is located, nor shall any land or structure be used in any manner contrary to any other
requirement specified in this Ordinance.
Section 2.30 Exemptions. The following structures and uses shall be exempt from the
regulations of this Ordinance, but are subject to all other applicable Local, State and Federal
regulations including, but not limited to, the County Building Ordinance, Interim Critical Areas
Ordinance, the Shoreline Management Master Program, and the State Environmental Policy Act
(SEP A).
1.
Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for
the distribution to consumers of telephone or other communications, electricity, gas, or
water or the collection of sewage, or surface or subsurface water operated or maintained
by a governmental entity or a public or private utility or other County franchised utilities
including customary meter pedestals, telephone pedestals, distribution transformers and
temporary utility facilities required during building construction, whether any such
facility is located underground, or above ground; but only when such facilities are located
in a street right-of-way or in an easement. This exemption shall not include above-
ground electrical substations, sewage pump stations or treatment plants, or potable water
storage tanks or facilities, which shall require conditional use approval in any zone where
permitted.
2.
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad
right-of-way, and maintenance and repair work on such facilities and equipment.
3.
Telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters,
informational kiosks, public bicycle shelters, or similar structure or device which is found
by the Director of Community Development is obviously intended to be appropriately
located in the public interest.
4.
Agricultural buildings used to house livestock, store feed or farm equipment.
5.
Minor construction activities, as defined by the UBC, Section 106.2 and structures
exempt under Jefferson County Building Code Ordinance #03-0713-98 as amended.
Page 5 of 22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
6.
Storm water detention facilities associated with and accessory to new development are
permitted in all zones. Any above ground detention facility or pond shall be screened
from the public right-of-way or appropriately landscaped to ensure compatibility with the
surrounding area.
......./
Section 2.40 Nonconformin2 Uses: Existing legal non-residential uses are valid land uses in all
zones of the Master Planned Resort and shall comply with Comprehensive Plan policies LNP 8.1-
8.11 on non-conforming uses.
Section 2.50 Nonconformin2 Structures: Existing legal nonconforming structures damaged
or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely
restored or reconstructed if all of the following criteria are met:
1. The restoration and reconstruction shall not serve to extend or increase the nonconformity
of the original structure.
The reconstruction or restoration shall, to the extent reasonably possible, retain the same
general architectural style as the original destroyed structure, or an architectural style that
more closely reflects the character of the surrounding neighborhood.
Permits shall be applied for within one (1) year of the damage. Restoration shall be
substantially complete within two (2) years of permit issuance.
. Expansions or substantial modifications to rebuilt nonconforming structures shall comply
with current regulations and codes, except that an existing nonconformity regarding the
amount of impervious surface on a site may be maintained.
2.
3.
4.
Section 2.60 Community Associations and Facilities: The Ludlow Maintenance Commission,
Inc. (LMC) and the South Bay Community Association (SBCA) are recognized as existing
organizations with facilities including, but not limited to, club houses, parking areas, recreation
vehicle parking, recreational facilities, and parks and trails located in the MPR. LMC and
SBCA facilities are separate from and not part of the Resort, as defined in section 3.90.
Expansions, modifications, or changes to these separate LMC and SBCA facilities and uses are
allowed, consistent with the provisions of this code, and exclusive of the limitations imposed by
section 3.90.
......./
SECTION 3
PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRICTS
SECTION 3.10 SINGLE FAMILY ZONE (MPR-SF)
Section 3.101 Purpose:This zone recognizes, maintains and promotes single family residential
areas within the MPR, and provides opportunities for reasonably priced housing.
Section 3.102 Permitted Uses, Lot Size and Density: The following uses, lot sizes, and
densities are permitted within the MPR-SF zone:
I. Single family detached dwelling units.
2. Home-based business.
3. Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when' clearly subordinate and
supplemental to a permitted use.
Trails, parks, open space and playgrounds approved through a platting or development
review process.
4.
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Page 6 of22
-
-
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
5.
Minimum lot areas of 5,000 square feet approved through a platting process and not to
exceed a gross density of four (4) dwelling units per acre. Existing subdivisions shall not
be further subdivided.
Section 3.103 Conditional Uses, Lot Size and Density: The following uses, lot sizes, and
densities are permitted conditionally in the MPR-SF zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process.
Minimum lot areas of 3,500 square feet if approved through a platting process and not to
exceed a gross density of four (4) dwelling units per acre. Existing subdivisions shall not
be further subdivided.
Single family attached dwelling units including duplexes, triplexes and fourplexes as part
of a new subdivision, not to exceed a gross density of four (4) dwelling units per acre.
Setbacks and impervious surface limits shall apply to the totallot or development parcel,
not to the land allocated to any individual attached unit. For purposes of this Ordinance,
"single family attached" shall mean a townhouse style or side-by-side development, not
stacked units.
Fire stations; provided that existing fire stations are allowed a one time expansion of up
to 30% in the size of the building footprint without going through a conditional use
process.
Above-ground electrical substations, sewage pump stations or treatment plants, and
potable water storage tanks or facilities.
2.
3.
4.
5.
Section 3.104 Hei2ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height.
Section 3.105 Bulk and Dimensional Requirements: Bulk and dimensional requirements shall
be as provided in Table MPR-SF below. For projects proposing single family attached units, the
requirements shall apply to the total lot, not to the land allocated to any individual attached unit.
TABLE MPR-SF
Density Minimum Minimu Front Yard Side Yard Rear Yard Maximum Impervious
Lot Area m Lot Setback Setback Setback Surface
Width
4 DUlAC 5,000 sq.ft. 40' 20' 5' 5' 45%
4 DU/ AC 3,500 sq.ft. 40' 20' 5' 5' 2,250 square feet for
Conditional any lot less than 5000
Use required sq. ft. in size
Section 3.106 Commercial Forest Land Buffers: New developments on property located
adjacent to lands designated Commercial Forest are subject to the requirements of the County's
Forest Lands Ordinance No. 01-0121-97. Section 7.20(1) of the Forest Lands Ordinance allows
modification of the standard 250' setback from adjacent commercial forest lands. Within the
MPR-SF zone, the following limitations shall apply to any agreement to modify the standard
buffer or setback requirement for development adjacent to Commercial Forest land.
1. An average setback of at least 200' shall be maintained.
2. Critical areas and critical area setbacks or buffers shall not be included in the calculation
or areas used to establish the 200' average setback distance.
A minimum setback of 150' shall be maintained.
-
3.
Page 7 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
4.
Natural vegetation and forested areas shall be maintained in a native state, but may be
managed to ensure healthy reforestation and avoid hazards to life or property.
The boundaries of the buffer or setback area shall be visibly marked during and following
development.
When established through a platting process, the buffer or setback area shall be
designated on the face of the plat as a separate open space tract.
......,/
5.
6.
3.107 Accessory Dwelling Units Prohibited: Accessory dwelling units shall not be allowed in
the MPR-SF zone.
3.108 Conceptual Site Plan Requirement: Prior to preliminary plat approval in the south area
designated on the Comprehensive Plan Land Use Map as requiring a "conceptual site plan," a
plan shall be submitted to the Department of Community Development showing a concept for
development of the entire south area. The conceptual site plan shall illustrate at least one
development option for the entire south area and shall at a minimum address required buffers,
road layout, and potential phasing.
SECTION 3.20 SINGLE FAMILY TRACT ZONE (MPR-SFT)
Section 3.201 Purpose: This zone recognizes, maintains and promotes larger, single family
residential tracts within the MPR.
Section 3.202 Permitted Uses: The following uses are permitted within the MPR-SFT zone:
1. Single family detached dwelling units.
2. Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when clearly subordinate and
supplemental to a permitted use.
Accessory buildings, such as barns, stables and similar structures, when clearly
subordinate and supplemental to a permitted use.
Home-based business.
Trails, parks, open space and playgrounds approved through a platting or development
reVIew process.
......,/
3.
4.
5.
Section 3.203 Conditional Uses: The following uses are permitted conditionally within the
MPR-SFT zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process.
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
2.
Section 3.204 Height Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height.
Section 3.205 Bulk and Dimensional Requirements: Bulk and dimensional requirements shall
be as provided in Table MPR-SFT below.
TABLE MPR-SFT
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum Impervious I
Lot Area Lot Width Setback Setback Setback Surface
1 DU/2.5 AC 2.5AC 100' 25' 25' 25' 20% I
......,/
Page 8 of 22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
---
Section 3.206 Accessory Dwellinsz Units Prohibited: Accessory dwelling units shall not be
allowed in the MPR-SFT zone.
SECTION 3.30 MULTI-FAMILY ZONE (MPR-MF)
Section 3.301 Purpose: This zone recognizes, maintains and promotes multifamily housing
opportunities within the MPR, in part to provide lower-cost housing units.
4.
5.
Section 3.302 Permitted Uses: The following uses are permitted within the MPR-MF zone:
1. Multi-family dwelling units including condominiums.
2. Assisted-Living, congregate care, and long-term care facilities.
3. Accessory uses and structures, such as garages, carports, storage buildings, pools, and
recreation buildings supporting the residential environment, when clearly subordinate and
supplemental to a permitted use.
Home-based business.
Trails, parks, open space and playgrounds approved through a platting or development
review process.
Single family attached (townhouse style) or detached dwelling units.
6.
¡II"".
Section 3.303 Conditional Uses: The following uses are permitted conditionally in the MPR-
MF zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process. .
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water tanks or storage facilities.
2.
Section 3.304 Heiszht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height as measured by UBC standards.
Section 3.305 Bulk and Dimensional Requirements: Bulk and dimensional requirements
shall be as provided in Table MPR-MF below. Single family residential uses are subject to the
requirements of section 3.10; provided that conditional use approval shall not be required for
single family attached development.
TABLE MPR-MF
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum
Lot Area Lot Width Setback Setback Setback Impervious Coverage
10 DUlAC N/A NIA DEC UBC UBC 55%
SECTION 3.40 RESORT COMPLEx/COMMUNITY FACILITIES ZONE (MPR-RC/CF)
Section 3.401 Purpose: The MPR-RC/CF zone provides amenities and services associated with
a resort and the surrounding community, and supports existing residential uses. Uses allowed in
the RC/CF zone recognize the recreational nature of the resort and include the existing and
planned resort complex, as well as limited permanent residential uses, and non-resort community
facilities including a beach club and Kehele Park. Kehele Park is located north of the actual
resort area and serves as a community park.
---
Page 9 of 22
._-_._-~_._-_.
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 3.402 Permitted and Conditional Uses: The following uses are permitted within the
MPR-RC/CF zone. Within the resort area, for resort facilities only, the uses set forth below are
further described and limited by the Resort Plan, as set forth in section 3.901.
-../
RC/CF USE CHART
USES RCICF RCICF
Resort Area Kehele Park
Hotels (Inn) and appropriate associated uses ./
Conference Center/Banquet Facility ./
Parks and Trails as part of a platting or development review process ./ ./
Recreation Center/ Club/ Yacht Club ./
Restaurant/Lounge/B ar ./
Marina ./
Seaplane Dock C
Helipad for Medical Emergencies Only C
Resort Related Retail Use ./
Library~useum ./
Interpretive and Informational Kiosks ./
Community Organization Activity Facilities, e.g. LMC Beach club and ./
RV storage properties
Multifamily and Single Family Residential Structures (10 du/ac) ./
Tennis Courts (indoor or outdoor) ./ ./
Amphitheater ./
CHART INTERPRETATION: a./ means a use is permitted; "C"
means conditional use approval is required.
3.403 Non-Resort Uses and Properties: Those non-resort controlled uses and activities which
currently exist within the RC/CF zone are recognized as valid uses and activities and may
continue, expand, or change in accordance with the provisions of this ordinance. These non-resort
uses, activities, and properties are not regulated by the provisions for the Resort Plan as set forth
in section 3.90.
Section 3.404 Hei2ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards, except that Hotels and associated Conference Center facilities, as specified in the
Resort Plan (see section 3.90) may be allowed to a height not exceeding 50 feet as measured by
UBC standards when the Jefferson County Fire District (#3) finds that fire-fighting and life safety
issues have been adequately addressed.
Section 3.405 Bulk and Dimensional Requirements: Bulk and dimensional requirements for
commercial uses in the MPR-RC/CF zone are contained in the table below. Single family
residential uses are subject to the requirements of section 3.10; provided that conditional use
approval shall not be required for single family attached development. Multi-family uses and
structures are subject to the requirements of section 3.30.
TABLE MPR-RC/CF
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum Impervious
Lot Area Lot Width Setback Setback Setback Coverage
N/A N/A N/A UBC UBC UBC 50%
-../
Page 10 of22
-
-
-
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Page 11 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 3.50 VILLAGE COMMERCIAL CENTER ZONE (MPR-VC)
Section 3.501 Purpose: The MPR-VC zone provides retail and commercial uses and other
services to meet the needs of resort visitors and community residents. In addition to retail and
commercial uses or services, other uses such as government or community offices and facilities,
long-tenn care facilities, residential uses, and visitor services are permitted within this zone.
-../
Section 3.502 Permitted Uses: The following uses are permitted in the MPR- VC zone:
MPR- VC PERMITTED USES
RETAIL SERVICES OTHER
Bank and Financial Institutions Travel Consultant Art Gallery
Variety Stores Dry Cleaner/ Laundry Theater
Grocery Stores Barber and Beauty Shops Post Office
IIardware Stores GenerallBusiness Offices Recycling Drop-off Facility
Phannacy and Drug Stores Professional Offices Library
Liquor Stores (state) Real Estate Museum
Personal Medical Supply Stores Day Care Center Community Center
Florist Shops Clinics (Medical, Dental, Police Facility
Mental IIealth, Chiropractic)
Specialty Food Stores Social Services Fire Station
Sporting Goods and Related Miscellaneous IIealth Park
Stores
Book and Stationary Stores IIome HealthlIIome Care Indoor Tennis Facility
Jewelry Stores Vehicle Repair and Gas Station
Photographic and Electronics Car Wash
Shops
Computer, Office Equipment Transportation Service RESIDENTIAL
and Related Sales
Music Stores Utility Purveyor Offices Multi-family dwellings
Fanners Market Public Agency or Utility Assisted Living, Congregate
Offices Care Facilities
Interior Decorating Shop Mailing/Packaging Business Mixed Use: Residential above
first floor commercial
Food Service Establishments Single family, attached or
detached dwelling units
Antique Store
......""
Section 3.503 Conditional Uses: The following uses are pennitted conditionally within the
MPR-VC zone:
1.
2.
3.
4.
Principal use, above ground, and free standing Parking Structure.
Conference Center.
IIelipad for medical emergencies only.
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
Assisted Living, Congregate Care, or Multi-family uses if greater than 35,000 square feet
in gross floor area.
-...../
5.
Page 12 0[22
.-..
.-..
1.
2.
3.
4.
5.
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 3.504 Hei2ht restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards.
Section 3.505 Bulk and Dimensional Requirements:
1. Multi-family residential development shall be subject to section 3.305 and Table MPR-
MF.
Single family development shall be subject to section 3.10; provided that conditional use
approval shall not be required for single family attached development.
The maximum gross floor area per nonresidential building allowed shall be 30,000 sq.
feet. .
Other requirements for nonresidential development in the MPR- VC zone are set forth in
the table below.
Impervious surface requirements may be met by establishing an open space tract within
the zone, but separate from property proposed to be 4eveloped. Such an open space tract
shall be permanently established prior to permit issuance through a recorded Boundary
Line Adjustment, Short Plat, or Binding Site Plan that identifies the tract and secures the
open space for the life of the associated project.
2.
3.
4.
5.
TABLE MPR-VC
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum
Lot Area Lot Width Setback Setback Setback Impervious Coverage
N/A N/A UBC UBC UBC 45%
SECTION 3.60 RECREATION AREA (MPR-RA) -
Section 3.601 Purpose: The MPR-RA zone recognizes, maintains, and promotes the existing and
future active recreation activities and areas within the Port Ludlow Master Planned Resort.
Section 3.602 Permitted Uses: The following uses are permitted within the MPR-RA zone:
Parks and Trails
Golf Shop/Club House/Restaurant/Snack BarlLounge
Interpretive Center, and interpretive or directional signage
Golf Course and Related Offices/Maintenance Buildings and Facilities
Indoor and Outdoor Recreation Club, including Indoor and Outdoor Tennis Facilities
Section 3.603 Hei2ht Restrictions. No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards.
Section 3.604 Bulk and Dimensional Requirements: The maximum square foot area for
structures in the MPR-RA zone shall be 20,000 square feet, except for indoor tennis facilities
which shall be no larger than 27,300 square feet.
TABLE MPR-RA
Density Minimum Minimum Front Yard Side Yard Rear Yard Maximum Impervious
Lot Area Lot Width Setback Setback Setback Coverage
N/A N/A N/A UBC UBC UBC 45%
.-..
Page 13 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 3.70 OPEN SPACE RESERVE ZONE (MPR-OSR)
Section 3.701 Purpose: The Open Space Reserve zone preserves in perpetuity and enhances the
natural amenities around Ludlow Bay, the Twin Islands and other natural areas within the MPR.
Uses within the Open Space Reserve shall be low impact and serve to promote or enhance the
aesthetic qualities of the Master Planned Resort. No residential or commercial development shall
be permitted in the MPR-OSR zone.
~
Section 3.702 Permitted Uses: The following uses shall be permitted in the MPR-OSR zone:
1.
2.
3.
Parks, trails, paths, bridges, benches, shelters, and rest rooms, with associated parking.
Directional and interpretative signage and kiosks.
Private roads for maintenance and utility access or access to an interpretive center or
equestrian facility.
Section 3.703 Conditional Uses: The following uses shall be permitted conditionally in the
MPR-OSR zone. Any interpretive center, equestrian facility, electrical substation, or water
storage tank or facility shall be located as near the outer boundaries of the zone as practicable so
as to minimize the need for access roads and other disturbance of the Open Space Reserve.
1.
Man-made water features or enhanced natural water features, such as ponds, wetlands,
wetland buffer enhancements and storm water detention ponds.
Interpretive Center
Equestrian Facility.
Above-ground electrical substations, sewage pump stations, and potable water storage
tanks or facilities.
2.
3.
4.
Section 3.704 Heie:ht Restriction: No building or structure shall be erected, enlarged or
structurally modified to exceed 25 feet in height, excluding roofprojections, as measured by UBC
standards.
"-"
Section 3.705 Bulk and Dimensional Requirements: The maximum square foot area per
building allowed shall be 2000 sq. feet. Electrical substations and water storage tanks or
facilities may exceed this cap if approved through the conditional use process.
SECTION 3.80 DEVELOPMENT CAP
3.801 Development Cap and MERUs :
I. The Jefferson County Comprehensive Plan provides that within the MPR boundary total
residential dwelling units shall not exceed 2,250. In order to implement this development
cap and allow flexibility within the limits established by the 1993 FEIS, a measurement
and transfer system based on the number of actual residential lots, actual dwelling units,
and equivalent residential units for commercial development has been established.
Equivalent residential units are measurable and transferable between residential and
commercial uses. This ordinance uses the term "MERU" or "Measurement ERU" to
distinguish the meaning and use of the term "equivalent residential unit" in this code
from its more common application to water and sewer utility issues. In this code, MERU
and Measurement ERU are defined as set forth in section 3.803. The terms define the
measurement and transfer mechanism for future development within the MPR
boundaries.
2.
-../
Page 14 of22
",.....
",.....
",.....
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
3.
Within the boundaries of the Port Ludlow Master Planned Resort, total development shall
be capped at 2575 Measurement ERUs (MERUs). Actual residential dwelling units shall
not exceed 2,250.
3.802 MERV Record: The Department of Community Development shall maintain a count of
MERUs and of residential dwelling units. A system shall be established no later than 60 days
from the effective date of this ordinance that provides an up-to-date count of available MERUs.
This system shall maintain a current count, shall be available to the general public for inspection
during regular business hours, and shall be updated as needed to reflect current usage and
allocations of MER Us. Allocations of MER Us shall be determined according to the provisions of
section 3.803. The Department shall maintain records of ERU and MERU allocations and shall
maintain a matrix showing allocation of residential and commercial MERUs.
3.803 MER V Allocation and Assignment: MERUs shall be allocated and assigned as follows:
1. Each MERU shall be assumed to generate 200 gallons per day (gpd) of sewer wastewater
flow.
Each single family dwelling unit or recorded, platted lot shall count as one MERU.
Each multi-family dwelling unit shall count as one MERU.
Assisted living, congregate care, and similar facilities shall be assigned an MERU
amount based on the number of bedrooms, beds, and type of care or assistance provided.
Reference shall be made to State Department of Ecology sewer design standards for
single family and multiple family dwellings, nursing homes, and homes for the aged.
Ecology design standards shall be those in place at the time of application for assisted
living, congregate care or similar uses.
Commercial development shall be assigned an MERU amount based on State Department
of Ecology design standards, as of the effective date of this ordinance.
If a use is proposed that is not called out in this section or is not assigned a flow rate by
the State Department of Ecology, the required gallons per day for a use (and its MERU
allocation) may be assigned based on measurements of actual use or other comparative
process as approved by the Department of Community Development.
Residential lots approved by a preliminary subdivision or preliminary short subdivision
shall be allocated MERUs based on the preliminary subdivision (preliminary plat or
preliminary short plat) approval. If the preliminary plat or preliminary short plat expires
or is withdrawn before being finaled, the MERU allocation shall revert to unallocated
status.
If a recorded subdivision is vacated or if platted lots are consolidated through a boundary
line adjustment or otherwise in a manner that precludes development of one or more
residential uses, unusable MERUs shall revert to unallocated status.
2.
3.
4.
5.
6.
7.
8.
3.804 Initial Allocation of Commercial MERVs: Ofthe tota12575 MERUs allowed within the
MPR, 325 are initially allocated to commercial development. Fifty-five new MERUs are
reserved for the Village Commercial Center. Three new MERUs are reserved for additional
resort commercial development, and 41 are reserved for future expansion of the golf course pro
shop and golf support facilities. All other commercial MERUs (226) are initially allocated to
existing development.
3.805 Initial Allocation of Residential MERVs: Ofthe total 2575 MERUs allowed within the
MPR boundaries, 2250 are initially allocated to residential development. Existing (built)
residential development accounts for 1064 residential MERUs, platted but undeveloped lots total
727, and lots with preliminary plat approval account for an additional 326. As of the effective
date of this ordinance, a total of 133 MERUs remain available (subject to final verification
Page 15 of22
4.
5.
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
pursuant to section 3.802) for additional residential development or may be transferred to support
commercial development as set forth in section 3.806.
-...-/
3.806 MERU Transfer: MERUs initially allocated for residential development may be
transferred to support commercial development. Commercial MERl!s may support either
commercial or residential development, provided that commercial MERUs shall not be
transferred to support residential development exceeding the cap of 2,250 dwelling units.
3.807 MERU Allocation Not Property Specific; Limitations: MERUs are not assigned to
specific properties, with the following limitations:
1. Developed properties, platted properties, properties with approved preliminary plats, and
properties with issued or vested building permits shall have, maintain and carry forward
the MERU allocation associated with the use, plat, preliminary plat, or building permit
for as long as the use or plat exists or the preliminary plat or building permit maintains its
active status.
The Village Commercial Center zone shall have an initial allocation of 55 new MER Us.
The Resort Complex/Community Facilities zone shall have an initial allocation of 3 new
MERUs on the resort property.
The Recreation Area zone (golf course pro shop and golf support facilities) shall have an
initial allocation of 41 new MERUs.
All remaining MER Us and any MER Us that revert to unallocated status pursuant to
sections 3.803(7) or (8), are available for future residential or commercial development,
with no limitation, assignment or reservation.
This allocation of MERUs shall be updated by the Department of Community
Development as set forth in section 3.802.
2.
3.
4.
5.
6.
-...-/
SECTION 3.90 RESORT DEVELOPMENT
This section describes the "Resort Plan" for facilities to be located in the Resort
Complex/Community Facilities zone, sets out a required environmental review process for any
future resort development, and provides processes for reviewing major or minor revisions to the
Resort Plan. These provisions apply to the resort and associated development whether on resort
owned property or on other property. These provisions do not apply to any future development
proposed solely by and for the LMC, SBCA, or any other community association.
Section 3.901 Resort Plan: The Resort Plan for future development of properties in the MPR-
RC/CF zone shall be limited and shall not exceed the scope of development set forth below and
shall include no uses except those set forth below, unless a major revision is approved (see
section 3.905). Changes to this Resort Plan that decrease the sizes noted below are allowed. As
of the effective date of this ordinance, the Resort Plan shall be as set forth herein.
1. Gross square feet of resort development: 498,300.
2. Hotel Guest Rooms: 275
3. Restaurants - total square feet: 59,000
One 200 seat year round restaurant
One 125 seat seasonal restaurant (near marina)
Also includes hotel lobby and registration area,
Spa area, kitchens, offic;es and storage rooms.
Lounge, one year round, 125 seats, square feet:
Resort retail square feet:
Plus associated storage square feet:
5,000
2,500
1,400
-...../
Page 16 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
~
Conference Center, associated with and physically
part of Hotel buildings, square feet:
Plus support areas and storage square feet
Indoor tennis courts, square feet:
Indoor sports and pool complex, square feet:
Structured/underground parking, square feet:
Museum or Interpretive Center, square feet:
Support Buildings, square feet:
(Maintenance, Warehousing, Housekeeping)
Youth Center, square feet:
Marina expansion, slips:
Amphitheater.
Yacht Club.
Four detached single family residences and one fIVe-unit townhome structure, provided
that these structures are not -included in or limited by the gross square feet of
development for the Resort Plan noted in 3.901(1) above.
All existing townhomes, provided that these structures are not included in or limited by
the gross square feet of development for the Resort Plan noted in 3.901(1).
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
22,000
8,000
26,000
13,500
119,000
7,500
12,000
4,000
100 slips.
Building heights and impervious surface limits shall apply as set forth in section 3.40. Surface
parking in addition to the structured or underground parking noted above may be provided.
Miscellaneous support areas including laundry facilities and administrative offices may be
included, but shall not increase the gross square footage for the resort complex, except that the
minor revision process may be used to permit these facilities with up to a 5% increase in gross
square footage.
Section 3.902 Permit Process for Resort Development:
1. A project level Supplemental Environmental Impact Statement (SEIS) analyzing the
resort plan is required prior to issuance of building permits for any new resort
development. Environmental review of the Resort Plan shall not be piecemealed or
broken into small segments. The applicant may choose to develop a new Environmental
Impact Statement rather than a Supplement.
Notice of application for environmental review of the Resort Plan shall be provided to all
persons on the Port Ludlow MPR Roster established by the Department pursuant to
section 1.60, as well as to any other persons or agencies entitled to notice pursuant to the
County's Procedures Ordinance.
Actual building permit plans or construction drawings are not required during the SEIS
process. Architectural drawings including a detailed site plan, arid architectural sketches
or drawings showing approximate elevations, sections, and floor plans are required,
however, to ensure that the SEIS considers project-level details. .
The Department of Community Development may impose mitigating conditions or issue
a denial of some or all of the Resort Plan based on the environmental review and using
authority provided pursuant to the State Environmental Policy Act, RCW 43.21C. A
report detailing any such conditions or denials shall be issued within 30 days of issuance
of the Final SEIS, and prior to issuance of any Resort Plan building permits. This report
and the conditions, approvals or denials contained therein shall be treated as an
administrative decision of the Department under the County's ProC0dw'@S Ordinanc@
Unified Development Code (Type A !! decision) and shall be appealable to the county
hearing examiner.
Following completion of the SEIS and the Department report on the Resort Plan, building
permits may be issued, following appropriate plan review, for projects analyzed in the
,.....
3.
4.
~
5.
2.
Page 17 of 22
3.
4.
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
6.
SEIS. If the Department report is appealed, no permits shall be issued until the
administrative appeal is resolved.
Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part of the environmental review or may be developed at a
later date.
In conjunction with th(~ environmèntal review process, the Department shall calculate the
total MER Us needed to support the Resort Plan. This calculation shall also establish the
Net New MERUs nee:ded for resort development. These Net New MER Us shall be
transferred from those initially allocated pursuant to section 3.805 to new residential
development on the resort property, and shall be removed from the count of available
MERUs for as long as the resort use or its development rights exist.
"-"'"
7.
Section 3.903 Requirement to vacate or withdraw existine; (or vested residential
development rie;hts. Concurrent with issuance of any permit for new resort development, any
existing, pending, or vested development rights for projects or parts or phases of projects that:
1) have not been developed, and
2) are located in the RC/CF zone, and
3) are not included in the described Resort Plan
shall be withdrawn, vacated or otherwise permanently released. For any subdivision that has
been approved and recorded, but only partially developed, a plat alteration shall be applied for
and processed as set forth in state law and in applicable county ordinances. Nothing in this
ordinance is intended to affect the process or the specific outcome of any application for such a
plat alteration. .
Section 3.904 Environmental Review for Resort Plan Development:
1. Detailed environmental review for future resort development shall be required pursuant
to RCW 43.21C.031 and the State Environmental Policy Act (SEPA) Rules of WAC 197-
11. A project level Supplement to the Port Ludlow Development Program EIS (finaled
April 1993) shall be prepared, or a new stand-alone EIS may be prepared. Prior to
defining the scope of the document, a public scoping hearing shall be held. .
The scope of the SEIS or EIS shall include, but not be limited to, the following elements:
A. Earth, including grading, erosion control, and dredging;
B. Water, including runoff and water quality issues, including those associated with
marina expansion, and public water supply;
Plants and Animals, including impacts on fish and wildlife migration and
threatened or endangered species;
Land and Shoreline Use, including relationship to existing land use plans and
estimated population, housing, light and glare, aesthetics, noise with respect to
potential amphitheater uses, recreation, and historic and cultural preservation;
Transportation, including trip generation, traffic congestion, traffic systems,
vehicle and pedestrian hazards, parking and spill-over parking; and
Public services and utilities, including water, storm water, sewer, and fire (as
may be related to building heights in excess of 35 ').
The Land Use element of the document (see 2D above) shall provide information about
expected occupancy rates, size of conferences (expected attendance), any possibilities for
expanded conference center use of resort facilities such as the indoor tennis courts, as
well as possible conference center use of other community facilities or privately owned
properties.
The Utility element (see 2F above) shall review information on all affected utility
systems, including sewer and water systems monitoring. The effectiveness of such
.......;
2.
C.
D.
E.
F.
-/
Page 18 of22
,....
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 3.906 Major Revisions: Revisions to the Resort Plan that will result in a substantial
change to the resort including: changes in use, increase in the intensity of use, or in the size, scale,
or density of development; or changes which may have a substantial impact on the environment
beyond those reviewed in previous environmental documents, are considered to be -major
revisions and will require application for a revised Resort Plan.
1. Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providing a
fTamework for review, analysis and mitigation of the revised development activity
proposed. The Resort Plan revision proposal shall include the following information:
A. A description of how the revised Resort Plan would further the goals and
policies set forth in the Comprehensive Plan.
A description of how the Resort Plan revision complements the existing resort
facilities of the MPR.
A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site
design and protection of natural amenities.
A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet
the needs of residents of the MPR and patrons of the resort.
A description and analysis of the environmental impacts associated with the
proposed revision, including an analysis of the cumulative impacts of both the
proposed revision and the approved Resort Plan, and their effects on surrounding
properties and/or public facilities.
,-...
,....
5.
monitoring shall be evaluated. Supplements or changes to the monitoring and reporting
systems shall be considered if necessary to ensure that water quality and water supply
are adequately protected and impacts to natural resources minimized.
This preliminary scope is based on the described Resort Plan. Use of the term
"including" shall mean "including but not limited to." Other elements, issues, and
specific levels of detail may be included based on information available at the time the
Resort Plan development application is submitted. Elements noted above may be
combined in the EIS analysis to reduce duplication and narrow the focus on potentially
significant adverse impacts.
3.905
1.
Revisions to Resort Plan:
Any proposed changes to the MPR boundary or zone changes within the MPR shall
require a Comprehensive Plan amendment and related zoning action. Such changes are
outside the scope of the Revision processes described below and in sections 3.906 and
3.907. The County may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Management Act (RCW 36.70A) are fulfilled
The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the
County for approval prior to the acceptance of any proposal that is inconsistent with the
Resort Plans set forth in this ordinance. Upon approval of a revision, all subsequent
development proposals shall be consistent with the revised Resort Plan and development
regulations.
Proposed revisions to the Resort Plan shall be submitted to the Department of
Community Development and the DCD Director will determine whether the proposal
constitutes a major or minor revision. Upon making a determination, the proposed
revision shall follow the appropriate process for plan revisions as outlined in Sections
3.906 or 3.907.
2.
3
B.
C.
D.
E.
Page 19 of22
---
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Decision Criteria: The hearing examiner may approve a major revision to the Resort Plan
only if all the following criteria are met:
A. The proposed revision would further the goals and policies set forth in the
Comprehensive Plan.
No unmitigated significant adverse environmental impacts would be created by
the proposed revision.
The revision is consistent with all applicable development regulations, including
those established for critical areas.
On-site and off-site infrastructure (including but not limited to water, sewer,
storm water and transportation facilities) impacts have been fully considered and
mitigated.
The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site
design, and protection of natural amenities.
2.
3.
B.
C.
D.
E.
F.
A description of how the proposed Resort Plan revision is integrated with the
overall MPR and any features, such as connections to trail systems, natural
systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall MPR.
A description of the intended phasing of development projects.
Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas.
A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not
limited to: transportation, water, sewer and storm water facilities; and a
demonstration that sufficient facilities and services to support the development
are available or will be available at the time development permits are applied for.
'"'-""
G.
H.
1.
Major Revision Process
Major Revisions shall be processed as a hearing examiner decision (Type ß !ill, with a
required public hearing prior to the decision. Public notice ofthe application, the written
decision, and appeal opportunities shall be provided to all persons on the Port Ludlow
MPR Roster (see section 1.60) and such other persons or agencies as required by the
County Procedures Ordinance Unified Development Code. Any proposed major revision
involving a change to the boundaries of the RC/CF zone shall require a Comprehensive
Plan amendment (a Type G V county commissioners decision) prior to any decision on
the Resort Plan amendment.
'"'-""
Section 3.907 Minor Revisions
1. Minor Revisions. The County recognizes that the Resort Plan may require minor changes
to facilities and services in response to changing conditions or market demand and that
some degree of flexibility for the resort is needed. Minor revisions are those that do not
result in a substantial change to the intent or purpose of the Resort Plan in effect and
which:
A.
B.
C.
D.
Involve no more than a five percent (5%) increase in the overall gross square
footage of the Resort Plan.
Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan.
Do not alter the boundaries of the approved plan.
Do not propose new uses or uses that modify the recreational nature and intent of
'"'-""
Page 20 of 22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
",.....
the Resort.
2.
Minor Revision Process:
Applications for minor revisions shall be submitted to, and reviewed by the Jefferson
County Department of Community Development to determine if the revisions are
consistent with the existing Resort Plan and Resort Plan SEIS, the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfy the
above-referenced criteria shall be deemed a minor plan revision and may be
administratively approved (as a Type A II decision under the county's Procßoo.res
Ordina-ncß Unified Development Code) by the Director of the Department of Community
Development. Public notice of the application, the written decision, and appeal
opportunities shall be provided to all persons on the Port Ludlow MPR Roster (see
section 1.60) and such other persons or agencies as required by the County Procedures
Ordinance Unified Development Code. Those revisions that do not comply with the
provisions contained within this Section shall be deemed a major revision, subject to the
provisions outlined in Section 3.906 above.
SECTION 4
SEVERABILITY
,.......
Severability: If any section, subsection, or other portion of this Ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection,
or portion thereof shall be deemed a separate portion of this ordinance and such holding shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 5
REPEALER
Repealer: Effective immediately upon its adoption, this Ordinance repeals and replaces
Ordinance No. 10-1214-98.
SECTION 6
EFFECTIVE PERIOD
Effective Period:
This ordinance shall become effective on the 4th day of October, 1999.
-
Page 21 of22
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 7
ADOPTION
__,i
Adopted by the Jefferson County Board of Commissioners this 4th day of October, 1999.
SEAL:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
ATTEST
APPROVED AS TO FORM:
ONLY
Prosecuting Attorney
.....,/
Department of Community Development
.....,/
Page 22 of22
"""""
APPENDIX C
""'....
Wireless Communications Facilities
Ordinance No. 06-0712-99
....
" ----" --
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
,....
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
A Wireless Services Facilities Ordinance Regulating
The Location, Placement and Design of Such Facilities
x
x
x
ORDINANCE NO.06-0712-99
WHEREAS, the Federal Telecommunications Act of 1996 (Public Law No. 104-104, 110 Stat. 56,31-
136, hereinafter the Telecommunications Act) provides that local governments may not unreasonably
discriminate among providers of personal wireless service facilities and may not establish regulations which
prohibit or have the effect of prohibiting the provisions of wireless communications services, and allows the
Federal Communications Commission (the "FCC") to preempt any such regulations; and
WHEREAS, the Telecommunications Act preserves local zoning authority over decisions regarding the
placement, construction and modifications of personal wireless service facilities; and
WHEREAS, recent changes in telecommunications technology have caused personal wireless service
facilities to become a rapidly growing segment of the telecommunications industry; and
WHEREAS, the current zoning code for Jefferson County was adopted before appropriate facilities
development design standards were in place, and Jefferson County became concerned that uncontrolled location
of personal wireless service facilities could have significant adverse effect and cause irreparable harm to
,.... Jefferson County; and
WHEREAS, on July, 21, 1997, the Jefferson County Board of Commissioners formed a Jefferson
County Telecommunications Technical Advisory Committee which established four separate subcommittees
one of which was the Strategic Growth Management Subcommittee; and
WHEREAS, the Strategic Growth Management Subcommittee transmitted draft information and draft
ordinances to industry representatives, held a public meeting on April 2, 1999, and developed a comprehensive,
draft ordinance for review by the Planning Commission and Jefferson County Board of Commissioners; and
WHEREAS, the responsible SEPA official has conducted SEPA review of the ordinance under the
State Environmental Policy Act, RCW 43.21C and made a determination of non-significance and published
notice of such in the official County newspaper on March 31, 1999, for which the comment period ended on
April 15, 1999, and
and
WHEREAS, Jefferson County solicited comments from six wireless companies that may serve the area,
WHEREAS, on March 17, 1999, the Planning Commission held a duly noticed public hearing on the
ordinance; and
WHEREAS, on Ari127, 1999, Jefferson County Board of Commissioners held a duly noticed public
,.... hearing on the ordinance; and
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
WHEREAS, Section 332(c)(7)(B)(iv) ofthe Telecommunications Act states that no state or local
government or instrumentality thereof may regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent
that such facilities comply with the Fed()ral Communications Commission's regulations concerning such
emissions; and
-./
WHEREAS, Jefferson County's Comprehensive Plan and associated development regulations are
designed to ensure that property is developed in a planned manner which protects the rural character, natural
beauty, and scenic resources of Jefferson County, preserves property values, and protects the health, safety and
welfare of residents and visitors in Jefferson County; and
WHEREAS, Jefferson County Board of Commissioners finds that personal wireless service facilities
should be reasonably regulated to minimize potential adverse impacts to areas of Jefferson County, particularly
residential and scenic areas, to preserve the character of Jefferson County, and to promote the goals and policies
of the Jefferson County Comprehensive Plan; and
WHEREAS, in adopting facilities development design standards, Jefferson County desires to minimize
the number of visually obtrusive support structures and to encourage the colocation of facilities; and
WHEREAS, while County residents benefit from the convenience of personal wireless service facilities
for home and business use as well as from their use in emergency services communications, such facilities have
the ability to detract from the rural character, natural beauty, and scenic resources of the County; to cause
conflicts between residential property owners regarding placement of such facilities on neighboring property;
and to detract from existing patterns of development; and
-.....;'
WHEREAS, the Jefferson County Board of Commissioners finds that a design review approach, which
encourages and provides incentives for locating personal wireless service facilities in certain areas and/or
situations within the County by requiring a less rigorous permit process than is required for other locations, and
is coupled with appropriate visual, screening and noise standards, is a rational and sensible way of regulating
the placement of such facilities, and serves both the needs of the industry and aesthetic and safety concerns of
the County; and
WHEREAS, the Strategic Growth Management Subcommittee after reviewing ordinances from other
Washington Counties, cities and meeting with industry representatives and industry consultants, determined that
specific areas of the County are most conducive to the locating of such facilities due to their high elevation,
compatibility with the surrounding development, commercial or industrial nature and/or tower colocation
capacities, and will be identified as locations where the siting of facilities would be subject to Uses Permitted
Outright, Uses Permitted Subject to Type A Design Review, and Uses Permitted Subject to Conditional Use
Review; and
WHEREAS, Jefferson County finds that the adoption of a development review process which provides
clear development standards will result in an efficient and effective development review process for obtaining
land use permits associated with the development of personal wireless service facilities within the County; and
---'
2
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
""'"
WHEREAS, Jefferson County has concluded that personal wireless service facilities containing noise-
generating equipment, including, but not limited to, mechanical cooling and/or air conditioning equipment,
should be regulated through performance standards as contained in Chapter 173-60, Washington Administrative
Code, which are designed to reduce environmental noise impacts; and
WHEREAS, it is in the best interest of the County, its residents and personal wireless service providers
that flexibility exist within the regulations to allow the implementation of the County's policies and regulations;
and
WHEREAS, The Jefferson County Telecommunications Technical Steering Committee, Planning
Commission and Board of Commissioners have undertaken a deliberative process to establish policy, standards
and procedures related to development design standards which encourage and support personal wireless service
facilities,
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON
COUNTY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Jefferson County Wireless Telecommunications Facilities Ordinance is hereby
adopted and incorporated into the Jefferson County Code as Chapter 18.42 as set forth below:
WIRELESS SERVICES FACILITIES ORDINANCE REGULATING THE LOCATION, PLACEMENT
AND DESIGN OF SUCH FACILITIES .
""'"
CHAPTER 18.42 PERSONAL WIRELESS SERVICE FACILITIES
Section 18.42.010
Section 18.42.020
Section 18.42.030
Section 18.42.040
Section 18.42.050
Section 18.42.060
Section 18.42.070
Section 18.42.080
Section 18.42.090
Section 18.42.100
Section 18.42.110
Section 18.42.120
Section 18.42.130
Section 18.42.140
Section 18.42.150
Section 18.42.160
-
Purpose, policy, goals and interpretation
Scope and applicability - Exemptions
Definitions
Application submittal and content
Compliance with other regulations
Colocation Policy
Co location Procedure
Wireless Communications Facilities - Types of Uses
Design Review Standards
Time limitation - Assignment/Sublease
Grandfathering of existing facilities
Variances
Recovery of County costs
Abandonment of facilities
Enforcement and penalties
Severability
3
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
Section 18.42.010
a.
b.
c.
d.
Purpose, Policy, Goals, and Interpretation
-/
Purpose. This chapter is designed to provide opportunities for the communíty to be served by
personal wireless service facilities, consistent with the rights of personal wireless service
providers as set forth in the Federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110
State 56,31-136, codified at 47 US.C. 332(c», hereinafter referred to as "the
Telecommunications Act" or "the Act", while at the same time providing for an orderly
development of the County and protecting the health, safety, and general welfare of the County's
residents and property owners.
Intent and Interpretation. These standards are designed to comply with the Act. The provisions
of this chapter shall not be interpreted to prohibit, or to have the effect of prohibiting,
telecommunications or personal wireless services, television broadcast signals, multichannel
multi-point distribution services or direct broadcast satellite services, or to unreasonably
discriminate among providers of functionally equivalent services.
Inconsistencies with Other County Regulations. To the extent that any provision of this chapter
directly conflicts with any other County ordinance, this chapter shall control. In all other
regards, this chapter shall be construed consistently with all other County ordinances, regulations
and functional plans.
Goals. The goals ofthis chapter shall be to:
-/
1.
Establish development regulations consistent with the Jefferson County Comprehensive
Plan, as adopted August 28, 1998 or later amended;
2.
Establish personal wireless service facilities development design standards which protect
the rural character, natural beauty, and scenic resources of Jefferson County from adverse
environmental, noise, and visual impacts;
3
Provide clear and objective approval criteria for locating personal wireless service
facilities including structural safety requirements;
4
Facilitate efficient development review of applications for personal wireless service
facilities and infrastructure which serve the needs of County citizens and visitors, and
promote the goal of universal service;
5
Where technologically and structurally feasible, encourage and facilitate colocation of
antennas, support structures and related equipment for wireless communication providers,
public service telecommunications, and emergency service telecommunications;
6
Require prompt removal of abandoned facilities; and
7
Encourage the development of personal wireless service facilities on a competitively
neutral basis.
-...../
4
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
.-..
Section 18.42.020
Scope and Applicability -- Exemptions
a.
b.
,....
Scope. This chapter applies to the location, placement, construction and modification of licensed
or unlicensed personal wireless service facilities as defined in this chapter. In addition to any
other required permits, all proposals to locate, place, construct or modify a wireless
communication facility shall be subject to the appropriate design review standards set forth in
this chapter.
Exemptions. The following personal wireless service facilities are exempt from the provisions of
this chapter:
1.
Governmental wireless communication facilities used for temporary emergency
communications in the event of a disaster, emergency preparedness and public health or
safety purposes;
2.
Two-way communication transmitters used by fire, police, and emergency aid or
ambulance services;
3.
Citizen band radio transmitters and antennas or antennas operated by federally licensed
amateur ("ham") radio operators;
4.
Emergency or routine repairs, reconstruction, or routine maintenance of previously
approved facilities, or replacement of transmitters, antennas, or other components of
previously approved facilities which do not create a change in visual impact;
5.
Military and civilian radars and marine vessel traffic communication facilities, operating
within FCC regulated frequency ranges, for the purpose of defense, marine or aircraft
safety;
6.
Temporary personal wireless service facilities, provided that the County is notified in
advance of the need for such facilities and the duration of their use; and
7.
Existing facilities, subject to the requirements of Section 18.42.100 of this chapter.
Section 18.42.030
Definitions
General. The words used in this chapter shall have the meaning given in this section. The
definition section of Tit1e 18, Chaptoc 18.15 JCC the Jefferson County Unified Development
Code (UDC), as now or later amended, shall also apply. The definition of any word or phrase
not listed in this section or in Chapter 18.15 the UDC which is in question when administering
this chapter shall be defined from one of the following sources. The sources shall be utilized by
finding the desired definition from source number one, but if it is not available there, then source
number two may be used and so on. The sources are as follows:
a.
,....
1.
The 1996 Telecommunications Act and the implementing FCC regulations;
5
----------
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
b.
2.
Any Jefferson County resolution, ordinance, code, regulation or formally adopted .J
comprehensive plan, shoreline master plan or program or other formally adopted land use
plan;
3.
Any statute or regulation ofthe state of Washington;
4.
Legal definitions from Washington common law or a law dictionary;
5.
The common dictionary.
Specific Definitions.
1.
Alternative structure means any building, roof, water tank, flagpole, steeple, utility pole
or other type of structure to which any type of antenna or antenna array and associated
equipment are affixed. Any device which is used to attach a antenna or antenna array to
an alternative structure is excluded from the definition of and regulations applicable to
alternative structures.
2.
Antenna means a device commonly in the form of a metal rod, wire panel or dish, for
transmitting or receiving electromagnetic radiation. An antenna is typically mounted on
a support structure, such as a tower, pole, mast, or building.
3.
Antenna array means one or more devices, whips, panels, dishes, rods or similar devices -..../
used for the transmission or reception of radio frequency signals, microwave or other
signals for telecommunications purposes. One or more such devices affixed or attached
to a support structure or to an alternative support structure are included in the definition
of antenna array.
4.
Attached Wireless Communication Facility. A wireless communication facility that is
affixed to an existing structure, e.g., an existing building wall or roof, mechanical
equipment, tower or pole, water tank, utility pole, or light pole, that does not include a
new tower.
5.
Camouflaged is the use of shape, color and texture to cause an object to appear to become
a part of something else, usually a structure such as a building, wall, flagpole, street pole,
or roof. Camouflage does not mean "invisible", but rather "appearing as part of or
exactly like the structure used as a mount."
6.
Colocation means the placement of two or more antenna systems or platforms by separate
FCC license hold(:rs on a support structure or alternative support structure.
7.
Concealed means fully hidden when viewed from ground level, adjacent rights-of way,
adjacent properties or vîewscapes. For example, a personal wireless service facility is
concealed when it is integrated with, or contained within, a structure such as a building,
wall or roof that is not a telecommunications facility.
..-/
6
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
-
-
17.
18.
-
8.
Director means the director of the Jefferson County Department of Community
Development or his or her designee.
9.
Equipment enclosure is a structure, shelter, cabinet, box or vault designed for and used to
house and protect the electronic equipment necessary and/or desirable for processing
wireless communication signals and data, including any provisions for mechanical
cooling equipment, air conditioning, ventilation, or back-up power supplies or emergency
generators.
10.
FCC refers to the Federal Communications Commission.
11.
Guyed tower is a monopole or lattice tower that is stiffened or anchored to the ground or
other surface by cables.
12.
Height is the vertical distance measured from the lowest pre-existing ground level within
the footprint of the facility to the highest point on the facility, not including the antenna
array.
13.
Lattice tower is a framework composed of cables, straps, bars, or braces, forming a tower
that may have three, four or more sides.
14.
Licensed carrier means any person, firm, or entity licensed by the FCC to provide
personal wireless services and which is in the business of providing the same.
15.
Microcell means a wireless communication facility meeting the following definition set
forth in WAC 197-11-800 (27) SEP A Rules: Consisting of an antenna that is either no
more than four feet in height and with an area of not more than five hundred eighty
square inches or, if a tubular antenna, no more than four inches in diameter and no more
than six feet in length.
16.
Monopole is a vertical self-supporting structure consisting of a single vertical pole that is
typically round or flat-sided. The term "monopole" also includes the attached panel,
parabolic or whip antenna or antenna array. .
Mount means any mounting device or bracket that is used to attach an antenna or antenna
array to a support structure or alternative structure.
Temporary personal wireless service facility is a non-permanent personal wireless facility
installed for a limited period of time, does not have a permanent foundation, and is placed
in use for the purpose of evaluating the technical feasibility of a particular site for
placement of a personal wireless facility or for providing emergency communications
during a natural disaster or other emergencies which may threaten the public health,
safety and welfare. Examples include, but are not limited to, placement of an antenna.
upon a fully extended bucket truck, crane, or other device capable of reaching the height
necessary to evaluate the site for placement of a person~ll wireless facility.
7
-~-_.-
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
20.
21.
19.
Tower as used in this chapter is a structure designed and constructed specifically to
support an Antenna Array, and may include a monopole, self-supporting (lattice) tower,
guy-wire support tower and other similar structures. Any device that is used to attach an
antenna or antenna array to an existing support structure is excluded from the definition
of and regulations applicable to towers.
-/
Wireless Communication Facility. A WCF is a non-staffed facility for the transmission
and/or reception of radio frequency (RF) signals, usually consisting of an Antenna Array,
equipment shelter, cabinet or other enclosed structure containing electronic equipment, a
support or alternative support structure, antennas or other transmission and reception
devices.
Wireless Communications shall mean any personal wireless services as defined in the
Federal Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services including cellular, personal communications
services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that may in the future be
developed.
Section 18.42.040
Application Submittal and Content
Submittal Requirements. In order to be considered a complete application, all applications for a
wireless communication facility shall be subject to the general application requirements of
Section 8.2 ofthe Jefferson County Land Us@ Procedures Ordinance No. 0'1 0828 98 Unified
Development Code and the following additional requirements:
a.
2.
3.
-/
1.
Name, address, and telephone number ofthe applicant and all co-applicants as well as
any representative for the applicant or co-applicants.
a) The wireless communication service provider shall be the applicant or co-applicant.
The applicant shall demonstrate that it is an FCC-licensed telecommunications
provider or that it has agreements with an FCC-licensed telecommunications provider
for use or lease of the antenna or tower.
b) Co-applicants shall include the record landowner of the subject property, or lease,
easement or property license holders, and any utility providers owning utility poles
upon which facilities are proposed to be located.
The name and tel<::phone number of a person responsible for the facility, capable of
responding immediately.
A recorded survey of the subject parcel.
-/
8
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
,...
,...
-
11.
4.
A County-wide map showing the location of the proposed facility and the location of any
existing facilities of the applicant within the County. The map shall identify the location
of all towers and alternative structures by latitude and longitude and be provided in a
computer data format that is compatible with the Jefferson County IDMS system.
5.
A vicinity map depicting the area immediately around the proposed site, showing the
comprehensive plan land use designation, the zoning designation, and the property lines
of the subject property and of all immediately adjacent properties as depicted on the
current Jefferson County Assessor's maps.
6.
A list of tax parcels and their owners prepared by a title company for all properties for
which public notice is required pursuant to this chapter.
7.
A site plan depicting the proposed and existing improvements on the property. The site
plan shall include a plan view and elevations, and contain the following information, as
applicable: dimensions and shape of lot; dimensions and location of existing and
proposed buildings and structures, including setbacks, and a notation of their purpose
(e.g., residential buildings, garages, accessory structures, etc.); adjacent street names and
all proposed points of access and parking layout; preliminary grading plan depicting
proposed and existing grades; storm drainage; elevations for all proposed improvements
on the site; utilities; easements and deed restrictions; and any other built or natural
features restricting use of the property. Additional information regarding the surrounding
topography, tree coverage and foliage may be required as necessary to review
applications subject to Type A II review by the Community Development Director and
Type ß III review by the Hearing Examiner.
8.
A written description of the proposed facility and the building or structure upon which it
is proposed to be located, including the technical reasons for the design and configuration
of the facility, as well as design information and dimensional information (e.g.,
equipment brochures, color and material boards, etc.).
9.
Information necessary to determine the intended service area of the facility which may
include a map ofthe intended service area.
10.
For applications that propose construction of new wireless communications towers in
rural residential or commercial crossroads districts or agricultural lands, photographic
views from significant points in the "view shed" showing the existing appearance and
photo simulations depicting the appearance after the proposed facility is installed.
A landscape plan consistent with Section 18.42.090 Design Review Standards.
9
...,
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
12.
For all applications that require conditional use review, a written analysis by the -..../
applicant, including appropriate analysis by a qualified telecommunications engineer,
describing the proposed location within the geographic service area; the good faith efforts
and measures taken to secure a location where the facility would be permitted outright;
how and why such efforts were unsuccessful; and, how and why the proposed site is
essential to meet service demands for the geographic service area. .
13.
For all applications for new towers that do not propose colocation of facilities, the
applicant shall comply with the Colocation Protocol as set forth in Section 18.42.070 of
this chapter.
b.
Cost of Submittals. All application requirements shall be at the applicant's own expense. All
applications shall be accompanied by a non-refundable application fee as further set forth in JCC
Appendix VI. Permit Center, Development Review Division Fee Schedule.
c.
The Director shall determine when and ifthe application for a wireless telecommunication
facility is complete based on the requirements of Section 8.2.3 ofthe Jefferson County Land Use
Procedures Ordinance No. 01 0828 98, Section 11 Determination of Completeness Unified
Development Code.
Section 18.42.050
Compliance with Other Re2ulations
a.
....../
Compliance with other Regulations. All construction of personal wireless service facilities shall
also be subject to the requirements of the County building code, Chapter 15.05 JCC, and all
codes adopted by reference in Chapter 15.05.030 JCC including, but not limited to, the Uniform
Building Code (UBC), the Electrical Code (NEC), the requirements ofthe National Electronics
Industries Association / Telecommunications Industries Association (EIAITIA) 222 Revision F
Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" and any additional applicable standards published by the Electronics Industries
Association, the Uniform Fire Code; the Jefferson County Critical.Areas Ordinance No. 05
0509 91 as amended by Ordinance No. 11 0626 95 Unified Development Code; and the
Jefferson County Shoreline Management Master Program.
b.
Emergency Response System. All personal wireless facilities service providers shall be
integrated into the local emergency response system.
c.
Right-of-Way Facilities. All facilities located in any developed or undeveloped public road or
right-of-way shall be governed by the applicable sections of the Jefferson County Code and
related policies governing the placement of utilities and other facilities in public rights-of-way
including, but not limited to, Chapter 12.15 ICC.
Section 18.42.060
ColocatioJlt Policy
-..../
10
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
,.....
a.
The number of wireless communication towers shall be minimized to the greatest eXtent feasible
through colocation of wireless communications facilities and attachment of wireless
communications antennas to existing alternative structures.
b.
Installation of Accessory Equipment Shelters. Any provider who is authorized to colocate on an
existing tower or alternative structure as provided above shall also be authorized to install any
necessary accessory equipment shelter and related equipment at or near the base of the tower or
alternative structure or within the structure, provided that the equipment shelter and related
equipment comply with the development standards (i.e. setbacks, height limitations, bulk,
landscaping and screening, etc.) of the applicable zone as set forth in the Chapter 18.60 JCC
Section 6 of the Unified Development Code and the wireless facility design standards as set forth
in Section 18.42.090 of this ordinance.
c.
Preserving Landscaping and Buffering. To the greatest extent practicable landscaping that was
required as a condition of approval of a wireless communication facility should not be removed
in order to construct an accessory building or equipment for an additional colocated facility. If
any such landscaping is removed, the applicant shall be required to replace it with the equivalent
quantity and type of landscaping in a manner to achieve the original intent.
Section 18.42.070 Colocation Procedure Colocation of antennas by providers is not always
feasible for technical or business reasons. However, if all licensed providers are made aware of any pending
,..... tower or antenna permit applications, providers will be able to investigate all reasonable accommodations and
maximize opportunities for colocation. This section establishes a process that will enable providers to equitably
share publicly available, nonproprietary information among themselves, with interested persons and agencies,
and with Jefferson County at the time the provider schedules a pre-application conference.
a.
b.
-
Pre-Application Requirement. A pre-application conference is required for all proposed new
towers.
Request Letter Requirement. At the time a pre-application conference is scheduled, the applicant
shall demonstrate that the following notice was mailed to all other wireless providers licensed to
provide service within Jefferson County:
"Pursuant to the requirements of the Jefferson County Wireless Telecommunications
Facilities Ordinance, Chapter 18.42, JCC, (wireless provider legal name here) is
hereby providing you with notice of our intent to meet with the Jefferson County
Department of Community Development for a pre-application conference to discuss
our proposal to construct a wireless communication facility tower at (general location
and section, township and range). We propose to construct a - feet high tower
for the purpose of providing (cellular, PCS, etc.) service.
Please inform us whether you have any existing or pending wireless facilities located
within (distance in feet) of the proposed facility, that may be available for colocation
opportunities. Please provide us with this information within 10 business days after
the date of this letter. Your cooperation is appreciated.
11
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
Sincerely, (pre-application applicant, wireless provider)."
-./
Copies of all responses to the request letter shall be submitted to the County and made a part of
the application file.
c.
To Analyze the Feasibility of Colocation. If a response to a colocation request letter is received
by an applicant indicating an opportunity for colocation, the applicant shall make a good faith
effort to analyze the feasibility of colocation. This analysis shall be submitted with an
application for any new tower.
A good faith effort to investigate the feasibility of colocation shall be deemed to have occurred if
the applicant submits all ofthe following information:
1.
A statement from a qualified engineer indicating whether the necessary service can or
cannot be provided by colocation at the potential colocation site;
2.
Evidence that the lessor of the potential colocation site either agrees or disagrees to
colocation on their property;
3.
Evidence that adequate site area exists or does not exist at the potential colocation site to
accommodate needed equipment and meet all of the site development standards;
4.
Evidence that adequate access does or does not exist at the potential colocation site;
J
5.
Non-proprietary technical information to evaluate the feasibility of colocation.
d.
A covenant of good faith and fair dealing shall be a condition of any permit for a new wireless
facility tower issued under this chapter. In the event that a dispute arises as to whether an
applicant has exercised good faith related to an offer of co location by another provider, the
County may require a third-party technical study at the expense of the applicant.
Section 18.42.080 Wireless Communications Facilities-Types of Uses Certain areas of the
County are more appropriate than others for the location of wireless communication facilities because ofthe
existing development in the area or on a site, the types of buildings already existing at the location, the
existence of similar or compatible facilities at the particular location, the commercial or industrial zoning
designation of the area, and/or the suitability ofthe particular location based on the technical requirements of
the wireless telecommunications services industry. Locating facilities in such areas can reduce adverse visual
and aesthetic impacts of wireless commlmication facilities and enhance the health, safety and welfare of County
residents.
The type of wireless communication facillity and its size may also result in differing impacts. Wireless facilities
that require construction of new towers may have greater impacts than facilities that colocate antennas on
existing towers or alternative structures. Wireless facilities that are mounted on new towers that are greater than
60 feet in height may have greater impacts than facilities that are mounted on support structures 60 feet or less
in height.
-./
12
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
- The appropriate type of review for wireless communications facilities applications shall therefore be based on
the zoning district of the proposed site and the nature and size of the proposed facility as set forth in the
Jefferson County Emergency Interim Control Ordinance Section 13, Table 13 1 Pmnitted and Conditional
Unified Development Code, Section 3, Table 3-1, Allowable and Prohibited Uses and further described below.
a.
b.
-
Uses Permitted Outright. The following wireless communications facilities shall be permitted
outright, subject to the appropriate Wireless Communications Facility Design Review Standards
set forth in Section 18.42.090:
1.
Attached or colocated wireless communications facilities on existing structures in
designated forest lands and all commercial and industrial districts.
2.
Attached or colocated wireless communications facilities on existing structures in all
residential districts that are microcells as defined in WAC 197-11-800 (27) SEP A Rules,
provided they are not attached to a school or residence.
3.
Wireless communications facilities with new towers less than 60 feet in height in
designated forest lands and all industrial districts except Resource-Based Industrial
Zones.
Uses Subject To Type A II Land Use Review. The Director shall review the following uses a&-a
according to Type A II Land Use Application review procedures, subject to the appropriate
Wireless Communications Facility Design Review Standards set forth in Section 18.42.090:
1.
Attached or colocated wireless communications facilities on existing structures in all
residential districts that are not microcells as derIDed in WAC 197-11-800 (27) SEP A
Rules or that are micro cells attached to a school or residence.
2.
New wireless facility towers less than 60 feet in height in all residential and commercial
districts and Resource-Based Industrial Zones.
3.
New wireless facility towers 60 feet or more in height in designated forest lands and all
industrial districts except Resource-Based Industrial Zones.
Uses Subject To Type ß III Land Use Application Review as conditional uses. The Hearing
Examiner shall review the following uses as a Type ß III Application, subject to the appropriate
Wireless Communications Facility Design Review Standards set forth in Section 18.42.090:
c.
1.
2.
-
New wireless facility towers 60 feet or more in height in all residential and commercial
districts and Resource-Based Industrial Zones.
All wireless communications facilities in designated agricultural lands.
13
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
Jefferson County
Emergency Interim Control Ordinance Unified Development Code
Section 13
Table lJ 3-1 Permitted and Conditional Allowable and Prohibited Uses: Wireless Communication
Facilities
......../
District CC NVC GC RVCNCC LIfC LI HI R-5 R-IO R-20
Use Conven N'brhd GenI. Rural Village Light Light Mill Res-5 Res- Res-
ience Visitor Com. Cntr / Vill Industri Indus Heavy acres 10 20
Cross Cross Cross Corum. Cntr. aU t Indust. acres acres
roads roads Roads Assoctd
Wireless Communication
Facilities - Attached or
colocated
Wireless Communication
Facilities - New towers, Jess ~
than 60 feet in height. a
Wireless Communication C
Facilities - New towers, 60
feet or more in height
C(a)
C(a)
C(a)
Notes: ~ Yes--Pennitted outright, subject to Building Permit and design standard review, requiring a Type I review process.
--leA) Type /'4 Land Use H1yi€w~-Conditional administrative use, requiring a Type II review process.
C - Conditional Use Review, requiring a Type III review process.
--'"
*. Microcell antennas as derIDed in WAC 197-11-800(27) that are exempt from SEPA review shall be pennitted outright.
Section 18.42.090 Design Review Standards The design review standards set forth in this section
are intended to ameliorate potential visual, aesthetic, and safety concerns while facilitating growth of an
industry that is important to the County's economic health and whose services are demanded and required by an
increasing number of the County's residents, businesses, workers, and visitors.
When reviewing an application for proposed wireless communications facility, including accessory equipment
shelters and enclosures and security fencing, the County shall apply the following design standards. The County
shall approve, approve with conditions, or deny applications based upon compliance with the following
standards.
a.
Wireless Facility Design Review Standards-General
1. Wireless communications facilities including attached or colocated antennas, towers, and
equipment enclosures shall be painted a non-reflective color that blends with the
surroundings. Appropriate colors may include earth tones and muted grays, blues, and
greens in broken patterns.
2.
Tower Spacing. New wireless facility towers shall not be allowed within 2,000 feet of an
existing tower, un]less the applicant demonstrates through the Colocation Procedure set
forth in Section 18.42.070 that colocation on the existing tower is not feasible. Such
--'"
14
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
~
~.
.-...
demonstration shall include but not be limited to a structural analysis of the existing
tower provided by a structural engineer licensed in the State of Washington.
3.
Tower lighting shall not be allowed except as required by the FAA.
4.
Setbacks. For all new towers that are 60 feet or less in height, the standard setbacks of the
underlying zone shall apply. For all new towers that are greater than 60 feet in height,
the standard setbacks of the applicable zone shall be increased by one foot for every one
foot of additional height above 60 feet, provided that this requirement may be waived by
the Director or Hearing Examiner, as appropriate, based on a finding that lesser setbacks
and/or the use of additional screening are adequate to ameliorate aesthetic and visual
impacts. All equipment shelters shall comply with setbacks of the applicable zone.
5.
Fencing and Security. Wireless facility towers and accessory equipment shall be
enclosed by a minimum six feet high security fence, as required for public safety.
6.
Equipment Enclosures.
a) Ground mounted equipment enclosures shall be the smallest size practicable.
b) Equipment enclosures mounted on alternative structures shall not extend more than 6
feet above the height of adjacent portions of the structure that screen the equipment
enclosure. If mounted on buildings, equipment enclosures shall be placed within the
interior of buildings, whenever technically feasible. If located on the roof of a
building, equipment enclosures shall either be concealed or camouflaged with a
design that is architecturally compatible with the building.
7
Noise generated by a wireless facility shall not exceed the maximum environmental noise
levels set forth in Chapter 173-60, Washington Administrative Code, as it is now in effect
or hereafter amended.
8.
Landscaping and Screening
a) A landscaping plan shall be submitted with all applications for towers and equipment
enclosures in commercial and residential districts and in agricultural lands.
Landscaping shall be placed outside the security fence and shall consist of fast
growing vegetation with a minimum planted height of six feet, placed so as to form a
solid hedge within two years of planting. .
b) Existing vegetation that conceals or screens a proposed facility from view (including
antennas, towers, and equipment enclosures) shall be preserved to the greatest extent
feasible consistent with the operation of the facility. If existing vegetation is not
adequate to screen the facility, additional vegetation shall be planted in order to
adequately screen the facility. For all screening, the use of trees with.significant
height and fullness upon maturity shall be required.
15
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30, 1999
12.
13.
b.
c) If it is not possible to achieve adequate screening by preserving vegetation on the site, .-..,/
the wireless facility provider shall lease or secure an easement for additional land to
preserve existing significant vegetation or to allow the planting of additional
vegetation. .
9
Camouflage, and Concealment. Wireless communications facilities shall blend with and
not disturb the visual character of their settings to the greatest extent practicable.
10.
Security lighting for equipment enclosures shall be minimized. It shall be oriented
downward and shielded so that the light falls only within the boundaries of the property
and shall be triggered only by a motion sensor.
11.
Signs and Symbols: Signs, symbols, flags, banners or other devices shall not be attached
to or painted or inscribed upon any tower or antenna, provided that the flags ofthe United
States and the State of Washington may be flown from towers and antennas disguised as
flag poles. A telephone number and person to call for information or in the event of an
emergency shall be posted at the site.
Security and maintenance. The provider and co-applicants shall protect the facility from
unauthorized access consistent with the purpose of protecting the public health, safety
and welfare. The provider and co-applicants shall maintain the facility in a good and safe
condition and preserve its original appearance and concealment or camouflage elements
incorporated into the design at the time of approval. Such maintenance shall include, but .-/
not be limited to, such items as painting, structural repair, repair of equipment and
maintenance of landscaping.
Antenna Mounting
a) Roofmounted antennas and/or antenna arrays located on alternative structures shall
be concealed when viewed from ground level adj acent to the structure unless this is
not technically feasible, in which case the antennas or antenna arrays shall be
camouflaged to the extent practicable.
b) Side mounted antennas shall be mounted flush on the exterior wall of the building and
not project above the wall on which it is mounted. Iftms is not technically possible,
such antennas shall either be concealed or camouflaged into the building design to the
extent practicable.
Wireless Facility Design Review Standards-Conditional Uses
In addition to the Wireless Facility General Design Review Standards set forth above, wireless
communication facilities subject to conditional use review shall comply with the following
design review standards:
...../ .
16
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
"".....
1.
Protecting Points of Visual Interest: Views toward the following points of visual interest
from residential structures located within 250 feet ora proposed wireless communication
facility subject to conditional use review shall be protected from significant degradation
to the greatest extent practicable:
a) Mountains
b) Marine Waters and Shorelines
c) Public Parks and Significant Public Open Spaces
d) Historic Structures
The applicant for a conditional use wireless communication facility shall either
demonstrate that the points of visual interest listed above will not be significantly
degraded by the proposal or demonstrate that a significant wireless telecommunication
service can only be provided by development of the proposed facility.
2.
Methods for Protecting Points of Visual Interest: The following options may be used to
protect the points of visual interest listed above:
a) Use alternative facility designs and locations on the parcel to minimize the
degradation of views from residences to the point of visual interest.
"".....
b) Maintain existing trees and shrubs on the site and/or provide additional landscaping.
c) Obtain leases or easements for the life of the proposal to protect trees and shrubs on
adjoining properties that will screen the proposed facility or to allow the planting of
additional trees and shrubs.
3.
In the event that it is not practicable to protect the visual points of interest listed above
from significant degradation, the applicant for a conditional use wireless communications
facility shall minimize the visual effect to the greatest extent practicable and shall also
demonstrate through appropriate analysis that:
a) There are no other locations within the same parcel where the visual effects would be
less.
b) Colocation or attachment on an alternative structure within the service area is not
feasible.
c) Development on an alternative site with decreased visual effects within the service
area is not feasible.
,......
17
--_.~
-
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
Section 18.42.100
Time Limitation - Assignment/Sublease
-../
a.
Time Limitation. A land use permit for a wireless facility shall automatically expire and become
void if the applicant fails to obtain a building permit within one year of the effective date ofthe
permit. The Director may extend the pennit for a period of one year, provided that the applicant
files a written request for extension not less than 60 days prior to the expiration that specifies
good cause for the extension.
b.
Permit Transferable - Assignment/Sublease of Permitted Sites. If a provider transfers, assigns, or
subleases a wireless communication facility, a copy of the land use agreement and FCC license
shall be submitted in writing to the Director, as well as the name and telephone number of a
person responsible for the facility, who is capable of responding immediately.
Section 18.42.110 Grandfathering of existing facilities All facilities existing on (Insert the date
ef-passag<! of this chapter the effective date of this Ordinance! shall be allowed to continue as they presently
exist and will be considered non-conforming uses where they do not conform to this chapter. Routine
maintenance shall be allowed; however, any physical change or alteration to the appearance, size or operation of
the facility shall be subject to the appropriate review requirements ofthis chapter.
Section 18.42.120 Variances Any applicant may request a variance from the requirements
established by this chapter. Such request shall be processed according to the procedures and criteria for
variances in Section 8.9 ofthe Jefferson County Zoning Cod6, Chapt6r 18.85 Variances JCC Unified
Development Code. In granting any variance the Hearing Examiner shall also find that: (1) there are no
significant aesthetic or safety effects on adjoining properties as a result ofthe proposed variance; and (2) in the
case of a historic building or structure, the variance will provide for effective concealment or camouflaging of
the facility.
'-""""
Section 18.42.130 Recovery of County costs Each permit granted pursuant to this chapter is
conditioned on the requirement that the permittee reimburse the County for all direct and indirect expenses
reasonably incurred related to the application review or to the modification or amendment of the permit.
Section 18.42.140
Abandoned facilities
a.
Abandoned facilities. A wireless communication facility which has been unused for a period of
180 consecutive days is hereby declared abandoned. Abandoned facilities shall be removed by
the property owner within 180 days from date of abandonment. Failure to remove an abandoned
facility shall be considered a public nuisance subject to penalties.
Upon written application,. prior to the expiration ofthe 180 day period, the Director shall in
writing grant a 180 day extension for reuse of the facility. Additional extensions beyond the first
180 day extension may be granted by the Director, subject to any conditions required to bring the -/
18
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE June 30,1999
-
project or facility into compliance with current law(s) and make it compatible with surrounding
development.
b.
Costs. If an abandoned facility is not removed within 180 days or a longer period of time
determined in writing by the Director, the County shall have the authority to enter the property
and remove the facilities. All reasonable and documented costs of such removal shall be charged
to the provider and/or landowner of record.
Section 18.42.150 Enforcement and penalties Enforcement and penalties for violations of this
chapter shall be subject to Chapter 18.115 JCC Section 10 (Enforcement) of the Unified Development Code or
as hereinafter amended.
Section 18.42.160 Severability If any clause, sentence, paragraph, Section or part of this Ordinance
or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent
jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part
of this ordinance. To this end, the provisions of each clause, sentence, paragraph, Section or part of this law are
declared severable.
,.....
SECTION 2. This ordinance shall take effect 30 days following adoption by the Jefferson County
Board of Commissioners on August 11, 1999.
PASSED and ADOPTED this
12th
day of
July
,1999.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
(excused absence)
Dan Harpole, Chairman
Signed
Glen Huntingford, Member
SEAL
Signed
Richard Wojt, Member
ATTEST:
Approved as to fonn only this
day of July
2
, 1999.
-
Signed, Lorna Delaney
Signed, Juelanne Dalzell
19
~~ ~-~~-_u
-~----~---~-----
ORDINANCES
Number
7-84
3-80
01-0318-91
04-0526-92
09-0801-94
05-0509-94
08-0525-95
09-0525-95
10-1104-96
01-0121-97
04-0828-98
05-0828-98
06-0828-98
Exhibit "B"
Description
State Environmental Policy Act Implementing Ordinance (October 8,
1994)
Jefferson County Camper Club Ordinance (July 7, 1980)
Jefferson County Hearing Examiner Ordinance (March 18, 1991)
Jefferson County Subdivision Ordinance (May 26, 1992)
In the matter of the establishment of a permanent zoning code ordinance
consistent with the requirements of 36.70 (Current zoning code as
amended by ICO) (August 2, 1994)
Jefferson County Interim Critical Areas Ordinance (May 9, 1994)
An ordinance designating and conserving, on an interim basis, agricultural
lands of long-term commercial significance, as required by Chapter
36.70A RCW. (Interim Agricultural Lands Ordinance) (May 25, 1995)
An ordinance designating and conserving, on an interim basis, mineral
lands of long-term commercial significance, as required by Chapter
36.70A RCW (Interim Mineral Lands Ordinance). (May 25, 1995)
Adopting the Stormwater Management Ordinance.
(November 4, 1996)
An Emergency Ordinance Establishing Interim Land Use Controls,
Designating and Conserving Forest Lands of Long-Term Commercial
Significance, as Required by Chapter 36.70A RCW. (Interim Forest Lands
Ordinance) (January 21, 1997)
Establishing Procedures for Land Use Applications Processed by Jefferson
County (August 28, 1998)
In the matter of establishing procedures and criteria to clarify land use
regulations (Code Interpretation Ordinance) (August 28, 1998)
Emergency Interim Controls Ordinance (August 28, 1998) and last
readopted on August 23, 1999.
RESOLUTIONS
Number
37-90
10-98
Description and Date
In the matter of an interim Jefferson County Timber Conversion Policy
(April 9, 1990)
In the matter of a resolution being adopted by the Jefferson County BOCC
allowing for certain properties to be subdivided below the mapped base
density (January 20, 1998)