HomeMy WebLinkAboutFinal 18.15 2018 DCD Li-LoJefferson County Code
Chapter 18.15 LAND USE DISTRICTS
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Chapter 18.15
LAND USE DISTRICTS
Sections:
Article I. Land Use Districts
18.15.005 Classes established.
18.15.010 Urban growth areas (UGA).
18.15.011 Transitional rural zoning for the Irondale and Port Hadlock urban growth area.
18.15.015 Rural lands.
18.15.020 Resource lands.
18.15.025 Master planned resort.
18.15.030 Public.
Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation
18.15.035 General applicability.
18.15.040 Categories of land use.
18.15.045 Unnamed uses.
18.15.050 Multiple designations.
18.15.055 Allowable residential density.
18.15.060 Development standards and use limitations.
18.15.065 Criteria for site-specific redesignations and master planned resort approval.
18.15.070 Application, notice, and appeal requirements.
18.15.075 Variances from standards.
18.15.080 Change of use.
Article III. Land Use Regulations – General Provisions
18.15.085 Applicability.
18.15.090 Archaeological and historical site protection.
18.15.095 Right to farm and forestry provisions.
18.15.100 Development permits and resource lands.
18.15.105 Overlay districts and subarea plans.
18.15.110 Special use permit – Siting of essential public facilities—Special use permit.
Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)
18.15.1110 Designated.
18.15.1112 Purpose and intent.
18.15.1114 Permitted, conditional and prohibited uses.
18.15.1116 Permitted uses.
18.15.1118 Conditional, discretionary and special uses.
18.15.1120 Accessory uses.
18.15.1122 Prohibited uses.
18.15.1124 Development standards.
18.15.1126 Electrical emissions.
18.15.1128 Lighting.
18.15.1130 Height restrictions.
18.15.1132 Ground transportation facilities.
Article IV. Master Planned Resorts – Special Provisions
18.15.115 Designated.
18.15.120 Purpose and intent.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
18.15.123 Allowable uses.
18.15.126 Requirements for master planned resorts.
18.15.129 Application requirements and approval process.
18.15.132 Decision-making authority.
18.15.135 Criteria for approval.
18.15.138 Port Ludlow Master Planned Resort.
Article V. Rural and Resource Districts – Special Provisions
18.15.140 Agricultural and forest resource lands – Site-specific designations and amendments.
18.15.145 Agricultural resource districts.
18.15.150 Forest resource districts.
Article VI. Overlay Districts
Article VI-A. Purpose
18.15.155 Established.
Article VI-B. Maps
18.15.160 Official maps.
18.15.165 Repealed.
Article VI-C. Mineral Resource Lands District (MRL)
18.15.170 Designation procedures.
18.15.175 Allowable and prohibited uses.
18.15.180 Nuisance and disclosure provisions.
Article VI-D through VI-J. Repealed. Note: This was the location of Environmentally Sensitive Areas District
(ESA) Overlays, now codified in Chapter 18.22, Critical Areas
18.15.185 –
18.15.235 Repealed.
Article VI-E. Critical Aquifer Recharge Areas
18.15.240 –
18.15.255 Repealed.
Article VI-F. Frequently Flooded Areas
18.15.260 –
18.15.265 Repealed.
Article VI-G. Geologically Hazardous Areas
18.15.270 –
18.15.280 Repealed.
Article VI-H. Fish and Wildlife Habitat Areas
18.15.285 –
18.15.320 Repealed.
Article VI-I. Wetlands
18.15.325 –
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
18.15.350 Repealed.
Article VI-J. Special Reports
18.15.355 –
18.15.400 Repealed.
Article VI-K. Airport Overlays
18.15.405 Designation.
18.15.410 Purpose of Airport Overlay I.
18.15.415 Disclosure provisions – Airport Overlay I.
18.15.420 Comment by the Port of Port Townsend.
18.15.425 Nuisance provisions.
18.15.430 Uses prohibited.
18.15.435 Purposes of Airport Overlay II.
18.15.440 Airport Overlay II Map.
18.15.445 Comment by the Port of Port Townsend.
18.15.450 Approval criterion – Conditional use permits.
18.15.451 Nuisance provisions.
18.15.452 Prohibited uses.
Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area
18.15.455 Applicability – Intent.
18.15.460 Home-based businesses.
18.15.465 Cottage industries.
18.15.470 Small-scale recreational and tourist uses.
Article VI-M. Planned Rural Residential Developments (PRRDs)
18.15.475 Purpose.
18.15.480 Applicability.
18.15.485 Minimum and maximum land area – Dwelling unit cap and cluster cap.
18.15.490 Rural residential districts – Reserve tract requirements.
18.15.495 Agricultural districts – Reserve tract requirements.
18.15.500 Repealed.
18.15.505 Application submittal and contents.
18.15.510 Consolidated applications.
18.15.515 Incentives – Innovative development proposals.
18.15.520 Modification of permitted densities – Density bonuses.
18.15.525 Modification of development standards.
18.15.530 Preliminary PRRD approval criteria.
18.15.535 PRRD review and approval process.
18.15.540 Performance guarantees – PRRD agreements.
18.15.545 Modifications to an approved PRRD.
18.15.550 Building and occupancy permit – Issuance after final PRRD approval.
18.15.555 Final PRRD plan requirements.
18.15.560 Time limitations on final PRRD submittal.
18.15.565 Extinguishment of preliminary planned unit developments approved prior to UDC adoption.
18.15.570 Filing of final PRRD plan.
Article VI-N. Forest Transition Overlay District (FTO)
18.15.571 Forest transition overlay (FTO) district.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District
18.15.572 Small-scale recreation and tourist (SRT) overlay district.
Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District
18.15.573 Repealed.
Article VII. Subarea Plans
18.15.580 Brinnon Subarea Plan.
Article VIII. Major Industrial Development
18.15.600 Purpose and intent.
18.15.605 Application requirements and approval process.
18.15.610 Approval criteria.
18.15.615 Conditional use requirements.
18.15.620 Final approval.
18.15.625 Phasing of development, expansion, future use of land, abandonment of site, and reverting to previous
land use district.
18.15.630 Urban growth in adjacent nonurban areas.
18.15.635 Re-authorization of article after initial period of implementation.
Article I. Land Use Districts
18.15.005 Classes established.
(1) The Jefferson County Comprehensive Plan establishes five principal land use classes for the county. Each class
permits a different level of activity. The general classes are urban growth areas, rural lands, resource lands, master
planned resorts and public lands.
(2) The individual land use categories within the classes are referred to as “districts.” This section of the Unified
Development Code provides development regulations by identifying uses and activities which may or may not be
established in these classes. These classes have been developed based on:
(a) Requirements of the Washington State Growth Management Act (Chapter 36.70A RCW);
(b) Natural systems and land capability;
(c) Existing land use patterns. [Ord. 8-06 § 1]
18.15.010 Urban growth areas (UGA).
There is currently one unincorporated UGA in Jefferson County: the Irondale and Port Hadlock urban growth area.
The Irondale and Port Hadlock UGA comprises three broad categories of urban land uses: urban residential; urban
commercial; and urban industrial. These Comprehensive Plan land use categories are further defined into “zoning
districts” that identify specific land use activities, densities and intensities of use allowed in the Irondale and Port
Hadlock UGA. The specific land use and zoning provisions of the Irondale and Port Hadlock UGA are contained in
Chapter 18.18 JCC. The urban provisions of Chapter 18.18 JCC shall be applied when urban services are available,
namely sewer facilities. [Ord. 9-09 § 2 (Exh. B); Ord. 8-06 § 1]
18.15.011 Transitional rural zoning for the Irondale and Port Hadlock urban growth area.
If sewer facilities are not yet available, transitional rural zoning provisions shall apply. The specific land use and
zoning provisions of the Irondale and Port Hadlock UGA that apply before sewer is available are contained in
Chapter 18.19 JCC. [Ord. 9-09 § 2 (Exh. B)]
18.15.015 Rural lands.
This land use class includes three categories: rural residential; rural commercial; and rural industrial. These
categories are further defined into specific “districts”:
(1) Rural Residential.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(a) Rural Residential 1 Unit/5 Acres (RR 1:5). The purpose of this district is to allow for continued residential
development in areas of Jefferson County consisting of relatively high density pre-existing patterns of
development, along the county’s coastal areas, and within areas within or adjacent to rural centers and rural
crossroads. In addition, this district seeks to support and foster Jefferson County’s existing rural residential
landscape and character by restricting new land divisions to a base density of one unit per five acres.
(b) Rural Residential 1 Unit/10 Acres (RR 1:10). This district provides a transitional area between the rural
residential one per five-acre district and the rural residential one unit per 20-acre district. Its intent is to
preserve open space, protect critical areas, provide for the continuation of small-scale agricultural and forestry,
and preserve and retain the rural landscape and character indigenous to Jefferson County.
(c) Rural Residential 1 Unit/20 Acres (RR 1:20). The purpose of this district is to provide a buffer in areas
adjacent to UGAs and designated forest and agricultural lands of long-term commercial significance, as well as
protecting areas identified as possessing area-wide environmental features which constrain development such
as shoreline areas or areas of steep and unstable slopes. The district also protects land from premature
conversion to higher residential densities prior to an established need.
(2) Rural Commercial.
(a) Rural Centers (Rural Village Center) (RVC). Rural village centers provide for most of the essential needs of
the surrounding rural population and the traveling public. These areas supply a variety of basic goods and day-
to-day services, while also providing a limited range of professional, public and social services. They are
typically small, unincorporated commercial and residential community centers that provide rural levels of
service and serve as a focal point for the local population. The boundaries of the rural village centers are
predominantly defined by the contained, built environment as it existed in 1990 or before, as required by RCW
36.70A.070(5)(d). Designated rural village centers include: Quilcene and Brinnon.
(b) General Crossroads (GC). General crossroads are existing historic commercial areas that provide a broad
range of commercial goods and services for a larger population base in the northeastern part of Jefferson
County. There is one general crossroads designation identified in Jefferson County: SR 19/20 Intersection.
(c) Neighborhood/Visitor Crossroads (NC). Neighborhood/visitor crossroad districts serve the nearby rural
neighborhood and the commuting or traveling public. These historic areas typically provide an extended range
of goods and services by establishment of restaurants, taverns/bars, auto part stores, hotel/motels and a limited
range of specialty and professional services. There are five neighborhood crossroads identified in Jefferson
County: Mats Mats, Discovery Bay, Four Corners, Chimacum and Gardiner.
(d) Convenience Crossroads (CC). Convenience crossroads consist of a single commercial property at a
historical crossroads. Typically, the existing commercial use is a convenience or general store with associated
uses that provide a limited selection of basic retail goods and services for the local population and the
commuting or traveling public. Land uses are not oriented to markets beyond the local rural population. There
are three convenience crossroad designations in Jefferson County: Nordland, Beaver Valley and Wawa Point.
(3) Rural Industrial.
(a) Light Industrial/Manufacturing (LI/M). The purpose of this district is to provide for rural economic
development by regulating light industrial and manufacturing uses in the Quilcene area. The light industrial
uses and activities associated with this district are intended to be compatible with the rural character. There are
two light industrial/manufacturing districts in Jefferson County: Quilcene and Eastview.
(b) Glen Cove Light Industrial/Commercial (LI/C). The intent of this district is to facilitate economic
development and provide for a broader range of light industrial and associated commercial activities in the
Glen Cove area. Associated commercial activities are intended to directly serve the needs of the land use
activities existing within this district.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(c) Glen Cove Light Industrial (LI). The purpose of this district is to facilitate economic development and
provide for a broad range of light industrial uses. The light industrial uses and activities associated with this
district are intended to be compatible with the Glen Cove area.
(d) Heavy Industrial (HI). The intent of this district is to facilitate economic development and regulate
development of more intensive heavy industrial and manufacturing activities, including and associated with the
Port Townsend Paper Mill.
(e) Resource Based Industrial (RBI). This district recognizes existing forest resource-based industries in
Jefferson County, in particular active sawmills and related activities. The district is intended to facilitate the
continued operation of existing functional sawmills and related resource-based industrial activities in the
county. There are three resource-based industrial site designations in Jefferson County: Gardiner, Center
Valley, and the West End.
(4) Forest Transition Overlay 1 Unit/5 Acres (FTO 1:5). This category provides a transitional area between forest
resource lands and abutting rural residential lands characterized by pre-platted lots of density greater or equal to one
acre in size. The FTO category does not automatically attach to any lands, but parcel(s) may be approved for such
designation in accordance with the provisions of JCC 18.15.571. Its intent is to promote the continued viability of
resource-based activities in rural areas by minimizing the potential for conflict and incompatibility between these
uses and surrounding residential uses. [Ord. 8-06 § 1]
18.15.020 Resource lands.
This land use class includes three main categories and several distinct “districts.”
(1) Agricultural Resource Lands (AG).1
(a) Prime Agricultural Lands (AP-20). The purpose of the prime agricultural lands district is to protect and
preserve areas of prime agricultural soils for the continued production of commercial crops, livestock, or other
agricultural products requiring relatively large tracts of agricultural land. It is intended to preserve and protect
the land environment, economy and lifestyle of agriculture in Jefferson County. These lands must be protected
as “agricultural lands of long-term commercial significance.”
(b) Agricultural Lands of Local Importance (AL-20). The purpose of the agricultural lands of local importance
district is to protect and preserve parcels of land which, while not necessarily consisting of prime agriculture
soil or relatively large acreage, are still considered important to the local agricultural economy, lifestyle and
environment. As such they deserve protection as “agricultural lands of long-term commercial significance.”
(2) Forest Resource Lands (FOR).
(a) Commercial Forest (CF-80). The purpose of the commercial forest district is to ensure large tracts of forest
lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest
resource extraction activities to be maintained as a viable commercial activity.
(b) Rural Forest (RF-40). The purpose of the rural forest district is to ensure forest lands of long-term
significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction
activities to be maintained as a viable commercial activity, while allowing for diversity in the size of forest
tracts.
(c) Inholding Forest (IF). This district encompasses parcels at least 20 acres in size that are entirely surrounded
by designated forest resource lands and that are not vested for development under Washington State law.
(3) Mineral Resource Lands (MRL).
(a) Mineral Resource Lands Overlay District (MRL). The mineral resource land district is to provide for the
conservation of mineral lands of long-term commercial significance (Article VI-C of this chapter). The intent
of this district is to aid in sustaining and enhancing mineral extraction and processing activities of long-term
commercial significance by protecting designated lands from incompatible development and to allow for the
continued contribution of mineral lands to the Jefferson County economy. [Ord. 8-06 § 1]
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with
primary focus on resort destination facilities that includes short-term visitor accommodations associated with a
range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural
amenities. A resort may include other residential uses, but only if the residential uses are integrated into and support
the on-site recreational nature of the resort.
(1) Port Ludlow Master Planned Resort (MPR). The only existing officially designated master planned resort in the
county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master
planned resort and is subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational facilities including a
marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential
community. The entire resort is served by a village commercial center, which accommodates uses limited to serving
the resort and local population. The master planned resort’s internal regulations and planning restrictions such as
codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson
County does not enforce private codes, covenants and restrictions. [Ord. 8-06 § 1]
18.15.030 Public.
This land use class consists of nonfederal public lands used for special purposes. It includes three districts:
(1) Parks, Preserves and Recreation (PPR). This land use district consists of state and county parks, preserves and
recreational sites. It is intended to provide for public recreational opportunities consistent with the rural character of
the county and preserve significant natural amenities of special or unique character.
(2) County Waste Management Essential Public Facility (CWMEPF).
(3) Airport Essential Public Facility (AEPF). This land use district consists of land owned by the Port of Port
Townsend that directly and indirectly supports operations of the Jefferson County International Airport as an
essential public facility. It is intended to promote compatible land uses and the long-term economic viability of the
JCIA consistent with county goals regarding essential public facilities, the preservation of rural character, and
economic development. [Ord. 8-06 § 1]
(4) Public. Lands designated public that serve general public needs other than parks, preserves and recreation. This
designation may be provided for certain public facilities or other lands for other public use.
Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation
18.15.035 General applicability.
The land use regulations in this section implement the Comprehensive Plan. They are broken down into broad
categories which should include almost any type of land use that might be proposed. The use regulations establish
standard procedures for all new development. [Ord. 8-06 § 1]
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards (Chapter 18.20 JCC) and
development standards (Chapter 18.30 JCC) and other applicable provisions of this code (including project permit
approval, see Chapter 18.40 JCC, if a building or other development permit is required) are designated by a “Yes.”
(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be allowed subject to
the applicable development and performance standards (Chapters 18.20 and 18.30 JCC) and an administrative
review of potential impacts are designated by a “D” (for “discretionary”). On the basis of the administrative review,
the administrator may classify the proposed “D” use as either an allowed use, a prohibited use, or a conditional use
in the particular land use district affected.
Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40 JCC. Decisions
classifying “D” uses made under this section may be appealed to the hearing examiner (see Chapter 18.40 JCC). The
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
administrator may classify the discretionary use as an allowed “Yes” use in the particular district affected, only if the
proposed development:
(a) Complies with the applicable development standards of Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique to the proposed use specified in Chapter
18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals and policies for the land use designation
and district in which the proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the
Shoreline Master Program if the application involves property located within the jurisdiction of the state
Shoreline Management Act, but does not require a shoreline permit;
(e) Will be served by adequate facilities including access, fire protection, water and sewer facilities (municipal,
community, or on-site systems);
(f) Does not include any use or activity that would result in the siting of an incompatible use adjacent to an
airport or airfield (Chapter 36.70 RCW);
(g) Shall not adversely impact the public health, safety and general welfare of the residents of the county;
(h) Shares characteristics common with but not of significantly greater intensity, density or that generates more
environmental impact than those uses allowed in the district in which it is to be located; and
(i) Will not result in impacts on the human or natural environments determined by the administrator to require
review as a conditional use.
If the preceding conditions are not met to the satisfaction of the administrator, the administrator may either prohibit
the use or require a conditional use permit.
(3) Conditional Uses. All conditional uses are designated by a “C” and may be allowed subject to meeting the
applicable development standards (Chapter 18.30 JCC), performance standards unique to the proposed use (Chapter
18.20 JCC), and the criteria for a conditional use permit (Article VIII of Chapter 18.40 JCC), as provided for in this
code. All conditional uses shall be reviewed in accordance with a Type III quasi-judicial permit review process
(requiring public notice, written comment and a public hearing) outlined in Chapter 18.40 JCC; except that
conditional administrative uses (designated by a “C(a)”) may be allowed subject to a Type II administrative permit
review process (requiring public notice and written comment, but not a public hearing); and conditional
discretionary uses (designated by a “C(d)”) may be allowed subject to a Type II permit review process, unless the
administrator determines that a Type III permit review process (requiring a public hearing) is warranted based on the
project’s potential impacts, size or complexity, according to criteria in JCC 18.40.520.
(4) Prohibited Uses. Uses designated with a “No” are not allowed in the applicable land use district.
Table 3-1. Allowable and Prohibited Uses
How To Use This Table
Table 3-1 displays the classifications of uses for land use districts, except for land use and zoning
districts in the Irondale and Port Hadlock UGA which are specified in Chapter 18.18 JCC.
The allowability and classification of uses as represented in the table are further modified by the
following:
The location may have a multiple designation. This would be true of the Shoreline Master Program, a
subarea plan, or an overlay district applied to the location. The Shoreline Master Program (SMP) should
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
be consulted if the location of interest is subject to the SMP jurisdiction. See also Notes 1 to 3 to this
table.
All regulations in this code apply to the uses in these tables. To determine whether a particular use or
activity can occur in a particular land use district and location, all relevant regulations must also be
consulted in addition to this table.
Categories of Uses
Yes = Uses allowed subject to the
provisions of this code, including
meeting applicable performance
standards (Chapter 18.20 JCC)
and development standards
(Chapter 18.30 JCC); if a
building or other development
permit is required, this use is also
subject to project permit
approval; see Chapter 18.40 JCC.
D = Discretionary uses are certain
named and all unnamed uses
which may be allowed subject to
administrative approval and
consistency with the UDC, unless
the administrator prohibits the
use or requires a conditional use
permit based on project impacts;
see JCC 18.15.040(2) and
Chapter 18.40 JCC.
C = Conditional uses, subject to
criteria, public notice, written
public comment and public
hearing procedure; see Article
VIII of Chapter 18.40 JCC.
C(a) = Conditional uses, subject to
criteria, public notice, written
public comment, and an
administrative approval
procedure, but not a public
hearing; see Article VIII of
Chapter 18.40 JCC.
C(d) = Conditional uses, subject to
criteria, public notice, written
public comment and, at the
discretion of the administrator, a
public hearing procedure, if
warranted, based on the project’s
potential impacts, size or
complexity, according to criteria
in JCC 18.40.520; see Article
VIII of Chapter 18.40 JCC.
No = Prohibited use.
NOTES:
1. All uses must be consistent with the purpose of the land use district in which they are proposed to occur; see the
Land Use Element of the Comprehensive Plan. All land uses in all districts must meet the general regulations in
Article III of this chapter unless otherwise stated herein.
2. A land use or development proposed to be located entirely or partly within 200 feet of the ordinary high water
mark of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the
applicable provisions of this chapter and of the SMP, as well as the applicable provisions and permit requirements
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
indicated in this table. Please refer to the Shoreline Master Program for specific use regulations and regulations by
shoreline environment.
3. Overlay districts provide policies and regulations in addition to those of the underlying land use districts for
certain land areas and for uses that warrant specific recognition and management. For any land use or development
proposed to be located entirely or partly within an overlay district, or within the jurisdiction of a subarea plan, the
applicable provisions of the overlay district or subarea plan as provided in Articles VI and VII of this chapter shall
prevail over any conflicting provisions of the UDC.
4. The assignment of allowed or prohibited uses may not directly or indirectly preclude the siting of “essential
public facilities” (as designated in the Comprehensive Plan) within the county. See JCC 18.15.110.
5. Outright uses are land uses or activities which are exempt from the provisions of this Unified Development
Code.
6. Land Use Districts:
AG Agricultural Resource Lands I Rural Industrial
AP-20 Prime Agricultural Land RBI Resource-Based Industrial
AL-20 Agricultural Land of Local Importance LI/C Light Industrial/Commercial (Glen Cove)
LI Light Industrial (Glen Cove)
F Forest Resource Lands LI/M Light Industrial/Manufacturing
CF-80 Commercial Forest HI Heavy Industrial
RF-40 Rural Forest
IF Inholding Forest P Public
PPR Parks, Preserves and Recreation
RR Rural Residential
RR 1:5 Rural Residential – 1 DU/5 Acres UGA Urban Growth Area
RR 1:10 Rural Residential – 1 DU/10 Acres [See Chapter 18.18 JCC]
RR 1:20 Rural Residential – 1 DU/20 Acres
RC Rural Commercial
RVC Rural Village Center
CC Convenience Crossroads
NC Neighborhood/Visitor Crossroads
GC General Crossroads
7. Forest practices (including timber harvesting), except for Class IV, general (see JCC 18.20.160) are regulated
by the Washington Department of Natural Resources.
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 11/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Residential Uses See Chapter 18.18 JCC Single-Family Housing Accessory dwellings units Yes Yes Yes Yes Yes Yes No No No No Yes Yes No No No Caretaker residence (public parks) No No No No No No No No No No No No No No C(a) Co-housing/intentional communities (subject to PRRD overlay in RR districts) Yes No Yes Yes Yes Yes No No No No No No No No No Manufactured/mobile home parks (subject to PRRD overlay in RR districts) No No Yes Yes Yes Yes No Yes Yes No No No No No No Single-family residences Yes Yes Yes Yes Yes Yes No No No No No No No No No Transient rental of residence or accessory dwelling unit Yes Yes Yes Yes Yes Yes No No No No No No No No No Duplexes (subject to meeting underlying density requirements) Yes Yes Yes Yes Yes Yes No No No No No No No No No
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 12/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Farm worker housing See JCC 18.20.030 No No No No No No No No No No No No No No Multifamily Housing Multifamily residential units (3+ units) No No No No No Yes No Yes Yes No No No No No No Residential care facilities with up to 5 persons No No Yes Yes Yes Yes No No Yes No No No No No No Residential care facilities with 6 to 20 persons No No C C C Yes No No No No No No No No No Nursing/convalescent/assisted living facilities No No C C C Yes No Yes Yes No No No No No No See Chapter 18.18 JCC Unnamed residential uses No No D D D D No D D No No No No No No Accessory Uses Home businesses Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes No No Cottage industry (not including recreational marijuana) C(a) C(a) C(d) C(d) C(d) Yes No Yes Yes No Yes Yes Yes No No Hobby kennel Yes Yes Yes Yes Yes No No No No No No No No No No Commercial Uses Animal commercial kennels and catteries See JCC 18.20.030 C(d) C(d) C(d) C(d) C(d) No No C(d) No No No No No No
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 13/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Automotive service and repair No No No No No Yes No Yes Yes No Yes Yes Yes No No Automotive service and repair (with subordinate auto sales) No No No No No Yes No No Yes No No No No No No Bed and breakfast inn (4 to 6 rooms) Yes No C(a) C(a) C(a) Yes No Yes Yes No No No No No No Bed and breakfast residence (1 to 3 rooms) Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No Boat storage, commercial (outside of SMP) No No No No No Yes No No Yes No Yes Yes Yes No No Boat building and repair, commercial No No No No No C No No No No Yes Yes Yes Yes No Clinics (medical, dental, and vision) No No No No No Yes No Yes Yes No No No No No No Convenience and video stores No No No No No Yes Yes Yes Yes No No No No No No Day care, commercial C No No No No Yes No Yes Yes No No No No No No Drinking establishment No No No No No Yes No Yes Yes No No No No No No Eating establishment No No No No No Yes Yes Yes Yes No C No No No No Sexually oriented businesses No No No No No C C No C No C No No No No See Chapte
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 14/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Small equipment repair, sales and rental services See JCC 18.20.030 No No No No Yes No Yes Yes No Yes Yes Yes No No r 18.18 JCC Construction contractor, commercial No No No No No Yes No No/ Yes 1 Yes No Yes Yes Yes No No Food and beverage stands No No No No No Yes Yes Yes Yes No Yes Yes Yes Yes No Gas stations No No No No No Yes Yes Yes Yes No No No No No No Golf courses and driving ranges No No C C C No No No No No No No No No C Grocery stores and gift shops No No No No No Yes No Yes Yes No No No No No No Hotel/motel No No No No No Yes No No 2 C No No No No No No Indoor entertainment or recreational facility No No No No No Yes No Yes Yes No No No No No No Liquor stores No No No No No Yes No Yes Yes No No No No No No Lumber yards/building supply and materials No No No No No Yes No No C No Yes Yes Yes No No Marijuana recreational retailer C(d) No No No No Yes No Yes Yes Yes Yes Yes Yes Yes No Mini-storage facilities No No No No No Yes No C/ Yes 3 Yes No Yes No Yes No No Personal and professional services No No No No No Yes D D Yes No No No No No No
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 15/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Resorts, master planned (new) See Article IV of Chapter 18.15 JCC Retail sales and services (not including recreational marijuana retail) See JCC 18.20.030 No No No No Yes D D Yes No No No No No No Vehicle sales, new and used retail (auto and RV) No No No No No C(a) No No No/ C(a) 4 No No No No No No Veterinary clinics and hospitals See JCC 18.20.030 See Chapter 18.18 JCC Unnamed commercial uses No No No No No D D D D No D No No No No Industrial Uses Bulk plant or terminal facilities No No No No No No No No No No C C C C No Asphalt and concrete batch plants No C No No No No No No No No No No No Yes No Heavy equipment sales and rental services No No No No No C(a) No No C(a) No Yes Yes Yes No No Heavy industrial, resource-based No No No No No No No No No C(a) No No No Yes No Light industrial/manufacturing (not including recreational marijuana processing) See JCC 18.20.030 No No No No No No No No C(a) Yes Yes Yes No No
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 16/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Food or beverage bottling and/or packaging See JCC 18.20.030 No No No No No No No No No Yes Yes Yes No No Outdoor storage yards See JCC 18.20.030 No No No No No No No No C(a) Yes Yes Yes Yes No Recycling center See JCC 18.20.030 No No No No No No No/C 5 No/C 6 No Yes Yes Yes No No Marijuana recreational processor C(d) C(d) C(d) C(d) C(d) No No No No Yes Yes Yes Yes Yes No Mineral extraction activities (without MRL overlay) Yes Yes C C C No No No No No No No No No No Mineral extraction activities (w/MRL overlay) (10-acre min. lot size) Yes Yes Yes Yes Yes No No No No No No No No No No Mineral processing accessory to extraction operations (without MRL overlay) C C C C C No No No No Yes C C C Yes No Mineral processing accessory to extraction operations (w/MRL overlay) Yes Yes C C C No No No No Yes No No No Yes No Warehouse/wholesale distribution center See JCC 18.20.030 No No No No No No No No No Yes Yes Yes No No See Chapte
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 17/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA (Automobile) wrecking yards and junk (or salvage) yards No No No No No No No No/ Yes 7 No/ Yes 8 No No No Yes Yes No r 18.18 JCC Unnamed industrial uses No No No No No No No No No D D D D D No Institutional Uses Essential Public Facilities 9 See JCC 18.15.110 Airports (w/o airport EPF overlay) No 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 C No No Large-scale regional transportation facilities (state owned) (e.g., freeways, ferry terminals) No No C C C C No C C C C C C C No Correctional facilities No No C C C C No C C C C C C C No Solid waste handling and disposal facilities No No C C C C No C C C C C C C No Inpatient substance abuse and mental health facilities No No C C C C No C C No No No No No No Unnamed essential public facilities See JCC 18.20.030 No C C C C C C C C
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 18/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Public Purpose Facilities Animal shelter C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) No No No No C(d) C(d) Assembly facilities See JCC 18.20.030 No C(d) C(d) C(d) Yes No C(a) C(a) No No No No No No College or technical school/adult education facility (not state owned) See JCC 18.20.030 No No No No C No C C No No No No No No Emergency services (police, fire, EMS) C C C C C C C C C C C C C C C See Chapter 18.18 JCC Government offices No No No No No Yes No Yes Yes No No No No No C(a) Library No No No No No Yes No Yes Yes No No No No No No Museum No No No No No Yes No Yes Yes No No No No No C(d) Parks and playfields C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Post office No No No No No Yes Yes Yes Yes No No No No No No Public works maintenance/equipment storage shops C C C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes No Recreational facilities C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Recycling collection facilities See JCC 18.20.030 C(a) C(a) C(a) C(a) Yes Yes Yes Yes Yes Yes Yes Yes Yes C(a)
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 19/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA School, primary and secondary See JCC 18.20.030 No C C C C No No C No No No No No No Visitor/interpretive center No C(d) C(d) C(d) C(d) C(d) No C(d) C(d) No No No No No C(d) Water/wastewater treatment facilities No No C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes C(d) Cemeteries No No C(d) C(d) C(d) No No No No No No No No No No Religious assembly facility No No C(d) C(d) C(d) C(a) No C(a) C(a) No No No No No No Unnamed institutional uses No No D D D D D D D D D D D D D Small-Scale Recreation and Tourist Uses Aerial recreational activities (e.g., balloon rides, gliders) No No C(d) C(d) C(d) C(d) No No No No No No No No No Animal preserves and game farms with dangerous wild animals No No C(d) C(d) C(d) No No No No No No No No No No See Chapter 18.18 JCC Animal tourist farms with domestic and nondangerous wild animals See JCC 18.20.030 Agritourism See JCC 18.20.030
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 20/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Campgrounds and camping facilities, new See JCC 18.20.030 C(d) C(d) C(d) C(d) No No No No No No No No No Yes Campgrounds, camping facilities and small-scale resorts; expansion of existing facilities See JCC 18.20.030 C(d) C(d) C(d) C(d) No No No No No No No No No Yes Cultural festival and historic sites, permanent C(d) C(d) C(d) C(d) C(d) C(d) No C(d) C(d) No No No No No Yes Equestrian centers C(d) C(d) C(d) C(d) C(d) No No No No No No No No No No Outdoor commercial amusement facilities See JCC 18.20.030 No C C C Yes No No Yes No No No No No No Outdoor archery ranges No C(d) C(d) C(d) C(d) No No No No No No No No No No Recreational, cultural or religious conference center/retreat facilities See JCC 18.20.030 No C C C C(d) No No C(d) No No No No No No Recreational vehicle parks No C(d) C(d) C(d) C(d) Yes No No Yes No No No No No No Outdoor shooting ranges No C No No No No No No No No No No No No No Outdoor recreational equipment rental and/or guide services See JCC 18.20.030 No C(d) C(d) C(d) Yes No Yes Yes No No No No No No Public display gardens C(d) C(d) C(d) C(d) C(d) Yes No No No No No No No No Yes Rural restaurant, only when associated with a See JCC 18.20.030 No C(d) C(d) C(d) N/A N/A N/A N/A No No No No No No See Chapte
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 21/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA primary recreational or tourist use r 18.18 JCC Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational areas No C No No No No No No No No No No No No No Rural recreational lodging or cabins for transient rental See JCC 18.20.030 No C C C N/A N/A N/A N/A No No No No No No Unnamed small-scale recreation and tourist uses See JCC 18.20.030 No C(d) C(d) C(d) D D D D No No No No No D Temporary Uses Seasonal roadside stands See JCC 18.20.330 Temporary festivals See JCC 18.20.390 Temporary outdoor uses See JCC 18.20.380 Transportation Uses Park and ride lots/transit facilities C(d) C(d) C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Roads, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 22/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Unnamed transportation uses D D D D D D D D D D D D D D D Utilities Uses Commercial communication facilities See JCC 18.20.130 Utility developments, major C C C C C C C C C C C C C C C Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) Unnamed utility uses D D D D D D D D D D D D D D D See Chapter 18.18 JCC Agricultural and Forestry Uses Agricultural activities and accessory uses See JCC 18.20.030 Aquacultural uses and activities (outside of shoreline jurisdiction) Yes No Yes Yes Yes No No No No No No No No No No Aquatic plant and animal processing and storage See JCC 18.20.030 No No No No No No No No No Yes Yes Yes Yes No Lumber mills and associated forestry processing activities and uses See JCC 18.20.030 C(a) No No No No No No No Yes No No No Yes No
Jefferson County Code Chapter 18.15 LAND USE DISTRICTS Page 23/63 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA Agricultural – Prime and Local Forest – Commercial, Rural and Inholding 1 DU/5 Acres 1 DU/10 Acres 1 DU/20 Acres Rural Village Center Convenience Crossroad Neighborhood/Visitor Crossroad General Crossroad Resource-Based Industrial Light Industrial/Commercial (Glen Cove) Light Industrial (Glen Cove) Light Industrial/Manufacturing (Quilcene and Eastview) Heavy Industrial Parks, Preserves and Recreation Irondale and Port Hadlock Urban Growth Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA Marijuana Recreational Producer Yes C(d) C(d) C(d) C(d) No No No No Yes Yes Yes Yes Yes No Nurseries Yes Yes C(d) C(d) C(d) Yes No Yes Yes No No No No No No Unnamed agricultural and forestry uses D D D D D No No No No No No No No No No
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 24/63
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
1Four Corners only
2Hotel/motels are not allowed in NC districts, except for Discovery Bay
3Chimacum and Four Corners, existing only
4SR 19/20 only
5Four Corners only
6Ness Corner only
7Four Corners, existing only
8Ness Corner, existing only
9Classification of EPF uses within appropriate districts are advisory only, subject to
provisions of Article V of Chapter 18.15 JCC
[Ord. 4-15 § 2 (Att. A); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that new uses may evolve over time.
Furthermore, it establishes the administrator’s authority to review proposed “unnamed” uses for similarity with other
uses listed in this code and to ensure consistency of the proposed use with the applicable district. When a use is not
specifically listed in Table 3-1 (or, if proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it
shall be reviewed as a discretionary “D” use by the administrator, using a Type II process specified in Chapter 18.40
JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine and establish whether the
proposed unnamed use shall be classified as an allowed use, a conditional use, or prohibited within the applicable
district. [Ord. 8-06 § 1]
18.15.050 Multiple designations.
Some properties or developments may be subject to the regulations for two or more applicable land use districts,
shoreline environments, or overlay districts. [Ord. 8-06 § 1]
18.15.055 Allowable residential density.
(1) The maximum allowable residential density for all parcels is shown on the official maps of the Jefferson County
Comprehensive Plan.
(2) The maximum allowable density reflects the general intent of the Comprehensive Plan and should be allowed
unless maximum density would exceed site capabilities or unless it would thwart other applicable county land use
regulations.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 25/63
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(3) The residential densities specified on the official maps shall not constitute and shall not be construed as
minimum lot sizes. If specific site considerations dictate a lower density than that shown on the official maps, the
county shall have authority to impose a lower density. [Ord. 8-06 § 1]
18.15.060 Development standards and use limitations.
All uses are subject to certain bulk and dimensional standards, such as setbacks and off-street parking requirements.
These standards are specified in Chapter 18.30 JCC and supplementary standards for land uses in the Irondale and
Port Hadlock UGA are identified in Chapter 18.18 JCC. [Ord. 8-06 § 1]
18.15.065 Criteria for site-specific redesignations and master planned resort approval.
The criteria for decision-making on these actions are specified in Chapters 18.40 and 18.45 JCC. [Ord. 8-06 § 1]
18.15.070 Application, notice, and appeal requirements.
The requirements to file an application, the administrative processes for handling the application, and appeal
procedures, are specified in Chapter 18.40 JCC. [Ord. 8-06 § 1]
18.15.075 Variances from standards.
Variances to performance standards of Chapters 18.20 and 18.30 JCC may be requested in accordance with the
requirements of Chapter 18.40 JCC. [Ord. 8-06 § 1]
18.15.080 Change of use.
Any time a change of use occurs within an existing building or structure, such uses shall only be allowed if
consistent with the uses allowed in the applicable land use and zoning district as specified in this chapter or Chapter
18.18 JCC and if such uses meet the applicable performance standards of Chapter 18.20 JCC and the development
standards of Chapter 18.30 JCC unless waived by the administrator. [Ord. 8-06 § 1]
Article III. Land Use Regulations – General Provisions
18.15.085 Applicability.
The regulations in this article apply to all land uses in all districts unless stated otherwise. [Ord. 8-06 § 1]
18.15.090 Archaeological and historical site protection.
(1) When an application for development is received for an area known to be archaeologically or historically
significant, no action shall be taken on the application and the applicant shall not initiate any excavation or
development activity until the site has been inspected by a qualified archaeologist, historian, or architect, as
appropriate, designated by the administrator.
(2) If during excavation or development of a site an area of potential archaeological significance is uncovered, all
activity in the immediate vicinity shall be halted, and the administrator shall be notified at once.
(3) The following shall be stated as a condition of approval on all development permits issued by the county:
If during excavation or development of the site an area of potential archaeological
significance is uncovered, all activity in the immediate area shall be halted, and the
Administrator shall be notified at once.
[Ord. 8-06 § 1]
18.15.095 Right to farm and forestry provisions.
(1) Applicability. Right to farm and forestry provisions apply to all resource and rural land use districts except rural
residential 1:5. The provisions of this section are not to be construed to in any way modify, supersede or abridge
state or county law relative to nuisances; rather, they are only to be used in the interpretation and enforcement of the
provisions of this code.
(2) Purpose. To provide the residents of the county proper notification of the county’s recognition and support of
farming and forestry activities.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 26/63
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(3) Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities, lumber mills
(operating between 7:00 a.m. and 7:00 p.m.), and other facilities, or appurtenances thereof, conducted or maintained
for commercial agricultural or forestry purposes on land designated as rural residential 1:10 and 1:20, rural
industrial, rural commercial, agricultural resource, or forest resource.
(4) Disclosure. The disclosure statement in subsection (4)(b) of this section shall be used under the following
circumstances and in the following manner:
(a) Approval of any land division, land use, building, or development of any lands within 500 feet of lands
which are designated as agricultural resource, forest resource, or mineral resource shall include a condition of
approval affixed to the land use or project permit approval issued by Jefferson County. This condition is
intended to disclose to applicants their proximity to resource lands and potential discomforts which are
associated with resource land activities.
(b) The required disclosure statement is as follows:
Jefferson County has determined that the use of real property for agricultural and forestry
operations is a high priority and favored use in the county. The county will not consider to be
a nuisance those inconveniences or discomforts arising from such operations, if such
operations are consistent with commonly accepted best management practices in compliance
with local, state, and federal laws. If your real property includes or is within five hundred
(500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial,
Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or
discomforts arising from such farming and forestry operations, including but not limited to
noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry
machinery during any 24-hour period, the storage and disposal of manure, and the application
of permitted fertilizers and permitted pesticides. One or more of these inconveniences may
occur as a result of agricultural and forestry operations which are in conformance with
existing laws and regulations.
[Ord. 8-06 § 1]
18.15.100 Development permits and resource lands.
Development permit approvals for the use of lands adjacent to lands designated resource lands shall be conditioned
through the disclosure statement in JCC 18.15.095(4)(b) and other appropriate measures to ensure that the use of
such lands shall not interfere with the continued use in the accustomed manner and in accordance with best
management practices of those lands designated for resource purposes. [Ord. 8-06 § 1]
18.15.105 Overlay districts and subarea plans.
Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying land use
districts. The regulations for these areas are found in Articles VI and VII of this chapter. [Ord. 8-06 § 1]
18.15.110 Special use permit – Siting of essential public facilities—Special use permit.
The Growth Management Act directs that no comprehensive plan or development regulation may preclude the siting
of essential public facilities (RCW 36.70A.200(2)). The location and permitting of essential public facilities shall be
guided by the policies of the Comprehensive Plan, and subject to the following procedures:
(1) The siting and location policies and strategies of the Jefferson County Comprehensive Plan and Countywide
Planning Policy No. 4 (Jefferson County Resolution No. 112-94) shall be followed to the maximum extent possible.
(2) Essential public facilities shall be located if possible within land use designations for which the uses are allowed
(cf. Tables 3.1 or Chapter 18.18 JCC).
(3) Only if no practicable alternative exists, and then only to the minimum extent possible and in accordance with
applicable regulations, may such facilities be located where the uses are prohibited.
(4) A special use permit shall be required only for the siting of essential public facilities under this code.
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(a) Process. A special use permit shall be reviewed under the same process as a Comprehensive Plan
amendment, as specified in Chapter 18.45 JCC.
(b) Application Requirements. An applicant for a special use permit shall provide the same application
materials as for a petition for a site-specific land use redesignation, as specified in Chapter 18.45 JCC. A
special use permit shall also include an alternative site analysis evaluating at least two other alternative sites for
the proposed facility.
(c) Approval Criteria. The burden of proof shall be on the applicant to provide evidence in support of the
application. The criteria for approval or denial shall include the following elements:
(i) The characteristics of the special use will not be unreasonably incompatible with the types of uses
permitted in surrounding areas;
(ii) The proposed special use will not create undue noise, odor, heat, vibration, air or water pollution
impacts on surrounding existing or potential dwelling units;
(iii) The special use will not materially endanger the health, safety and welfare of the community;
(iv) The special use is such that pedestrian and vehicular traffic associated with the use will not be
hazardous to or significantly conflict with existing and anticipated traffic in the local area;
(v) The special use will be supported by adequate public facilities or services and will not adversely affect
pubic services to the surrounding area unless conditions can be established to mitigate adverse impacts;
(vi) The location, size and height of buildings, structures, walls and fences and screening vegetation for
the special use shall not hinder or discourage the appropriate development or use of neighboring
properties;
(vii) The special use is not in conflict with the policies of the Comprehensive Plan, the comprehensive
plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this chapter;
(viii) For special uses outside of UGAs, extension, construction, or maintenance of urban services and
facilities is not required, unless no practicable alternative exists;
(ix) No feasible alternative site exists which better meet the requirements of these criteria;
(x) The need for the special use at a specific location is documented, taking into account regionwide
distribution of facilities and the capacity and location of equivalent facilities;
(xi) For special uses in or adjacent to resource lands, the impacts on the long-term natural resource
management and production will be minimized;
(xii) For state-owned essential public facilities, the state shall provide justification for the facility and its
location in Jefferson County based on forecasted needs and a logical service area; and
(xiii) For state-owned essential public facilities, the state shall have established a public process by which
the residents of the county and of affected and “host” municipalities have a reasonable opportunity to
participate in the site selection process.
(d) Conditions of Approval. If approved, conditions of approval for the special use may include conditions of
approval which address the criteria listed above and the following:
(i) Accessibility;
(ii) Transportation needs and services;
(iii) Public facility and service needs and availability;
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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 sensitivecritical areas. [Ord. 8-06 § 1]
Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)
18.15.1110 Designated.
The Jefferson County International Airport (JCIA) is a general purpose, public aviation airport that provides
recreational, business, flight training, charter and air taxi services and other uses. The airport essential public facility
district designation (see the official Jefferson County Comprehensive Plan land use designations map) shall apply to
the following:
(1) Parcels designated as an airport essential public facility on the official Jefferson County Comprehensive Plan
land use designations map;
(2) Any parcel or parcels (a) subsequently acquired by the Port in accordance with the provisions of the approved
JCIA master plan, or (b) currently owned by the Port, which are approved for inclusion in the airport essential public
facility district through the Jefferson County Comprehensive Plan text and land use amendment process, or any
other applicable process. [Ord. 8-06 § 1]
18.15.1112 Purpose and intent.
The purpose and intent of this article is to regulate land uses within the airport essential public facility district
(AEPF) in order to encourage orderly economic development in a manner compatible with airport operations and
adjacent properties and to protect existing general aviation public use airports from conflicting or incompatible
adjacent land uses or activities. [Ord. 8-06 § 1]
18.15.1114 Permitted, conditional and prohibited uses.
New development within the AEPF district shall be restricted principally to aviation support facilities and aviation-
related manufacturing/light industrial uses that directly or indirectly support its operation as an essential public
facility. However, certain public and quasi-public nonaviation-related uses may be permitted as specifically set forth
in this section. [Ord. 8-06 § 1]
18.15.1116 Permitted uses.
(1) Aviation support facilities and activities that directly support flight operations and the operation of the Jefferson
County International Airport, and include, but are not limited to:
(a) Pilot and passenger service facilities, including food service;
(b) Charter services and aircraft rentals;
(c) Airport-related government offices;
(d) Navigational aids;
(e) Runway aprons;
(f) Terminal buildings;
(g) Hangars;
(h) Fuel storage facilities;
(i) Operations/maintenance facilities;
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(j) Aviation museum and/or visitor interpretive center;
(k) Automobile parking; and
(l) Restaurants;
(2) Aviation-related manufacturing and light industrial uses and activities that comply with FAA guidelines and
which contribute to the operations of the JCIA as an economically self-supporting enterprise. These include but are
not limited to:
(a) Aircraft repair facilities;
(b) Aircraft remodeling facilities;
(c) Aircraft sales and related aircraft equipment, services and supplies;
(d) Aircraft manufacturing;
(e) Airborne freight facilities;
(f) Air pilot training schools;
(g) Aviation clubs;
(h) Taxi and bus terminals;
(i) Automobile rental and associated parking;
(j) Aviation-related manufacturing authorized and approved by the Federal Aviation Administration; and
(k) Aerial recreational activities (e.g., balloon rides, gliders, etc.);
(3) Public works maintenance/equipment storage shops;
(4) Park and ride lots/transit facilities;
(5) Roads, public or private;
(6) Public trails and paths; and
(7) Port-related government offices. [Ord. 8-06 § 1]
18.15.1118 Conditional, discretionary and special uses.
(Classified as “C,” “C(a),” “C(d)” and “D” as described in the notes preceding Table 3-1 in JCC 18.15.040):
(1) Large-scale regional transportation facilities (state-owned) (e.g., freeways) (C);
(2) Unnamed essential public facilities (C);
(3) Emergency services (police, fire and EMS) (C);
(4) Utility developments, major (C);
(5) Utility developments, minor (C(a));
(6) Unnamed transportation uses (D);
(7) Unnamed utility uses (D); and
(8) Commercial communication facilities (note: this is a special use under JCC 18.20.130). [Ord. 8-06 § 1]
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18.15.1120 Accessory uses.
Other uses accessory or incidental to uses allowed in this article are permitted in the airport essential public facility
district subject to approval by the Federal Aviation Administration. Such uses include, but are not limited to,
caretaker residences. [Ord. 8-06 § 1]
18.15.1122 Prohibited uses.
Uses not specified within this article are prohibited. Additionally, uses or activities that may affect flight operations
including, but not limited to, the following are prohibited:
(1) Any use that releases airborne substances, such as steam, dust or smoke;
(2) Any use that attracts concentrations of birds, waterfowl or other wildlife;
(3) Uses that are determined to pose a hazard to the safe operation of the airport as an aviation facility. [Ord. 8-06 §
1]
18.15.1124 Development standards.
This section provides standards to minimize the conflicts between the Jefferson County International Airport and
proposed future development proximal to the airport proper. The following development standards are established to
prevent future incompatible uses and airspace obstructions in airport overlay districts, approaches and surrounding
areas. Land uses and development shall comply with the standards established in the Federal Aviation Regulations
(FAR), Part 77 (Objects Affecting Navigable Airspace). Where the standards contained in this section conflict with
FAR, Part 77, the more restrictive shall apply. All other development standards and review and approval criteria in
this code shall also apply. [Ord. 8-06 § 1]
18.15.1126 Electrical emissions.
Any use or activity that emits electrical currents shall be installed in a manner that does not interfere with
communication systems or navigational equipment. [Ord. 8-06 § 1]
18.15.1128 Lighting.
New development that creates a glare of lighting that interferes with the lights necessary for aircraft navigation,
including landing and take-off, shall be prohibited. [Ord. 8-06 § 1]
18.15.1130 Height restrictions.
New development or alteration of existing development within the airport’s navigable airspace shall be in
accordance with Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Airspace). [Ord. 8-06 §
1]
18.15.1132 Ground transportation facilities.
All uses shall be served by adequate transportation facilities, including appropriate facilities for transit, pedestrians,
and bicycles. Where transportation facilities are not adequate to serve a proposed use, the applicant shall make
provision for necessary improvements. Transportation facilities shall be deemed adequate if necessary
improvements are planned and funded in the Jefferson County Comprehensive Plan Six-Year Transportation
Improvement Program. Transportation facilities shall meet the design standards of the department of public works
and Jefferson Transit. These standards include, but are not limited to, the American Association of State Highway
and Transportation Officials (AASHTO) “Policy on Geometric Design of Highways and Streets,” the Institute of
Transportation Engineers “Trip Generation Manual,” and the Washington Department of Transportation “Highway
Design Manual” and “Standard Specifications for Road, Bridge, and Municipal Construction.” [Ord. 8-06 § 1]
Article IV. Master Planned Resorts – Special Provisions
18.15.115 Designated.
“Master planned resort” (MPR) is a land use designation established under the Comprehensive Plan. The only
existing officially designated master planned resort in the county is the Port Ludlow MPR, provisions for which are
codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Designation of any new master planned resorts pursuant to RCW 36.70A.360
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requires compliance with the provisions of this article and a formal site-specific amendment to the Comprehensive
Plan Land Use Map subject to the findings required by JCC 18.45.080. [Ord. 8-06 § 1]
18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic
qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New
master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for
enjoyment and recreational use, while bringing significant economic diversification and benefits to rural
communities. The purpose of this article is to establish a master planned resort land use district to be applied to those
properties the board of county commissioners determines are appropriate for development as a master planned resort
consistent with the Comprehensive Plan policies and RCW 36.70A.360. [Ord. 8-06 § 1]
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in compliance with
RCW 36.70A.360:
(1) All residential uses including single-family and multifamily structures, condominiums, time-share and
fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational
nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other residential
uses, that are made available for short-term rental; provided, that short-term visitor accommodations shall constitute
no less than 65 percent of the total resort accommodation units.
(3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses (including
accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts,
swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, sports complexes, and other
recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the needs of the users such as gas stations,
espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management
offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and
outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of this section,
the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. [Ord. 8-06 § 1]
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for
project development and operation. This shall include:
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(a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the
particular natural and recreational features that will attract people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations,
on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part
of the resort’s services, and commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a
discussion of how these uses and their distribution meet the needs of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate
development of the MPR or resort and its facilities and services, including residential and nonresidential
development types and location.
(e) A description, with supportive information and maps, of the design and functional features that provide for a
unified development, superior site design and protection of natural amenities, and which further the goals and
policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space,
recreational facilities, road and parking design, capital facilities, and other components are integrated into the
project site.
(f) A description of the environmentally sensitivecritical areas of the project and the measures that will be
employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline
Management Act, a description and supportive materials or maps indicating proposed public access to the
shoreline area pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its design and arrangement
minimize adverse impacts and promote compatibility among land uses within the development and adjacent to
the development.
(h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for
the support of the development will be available, and that concurrency requirements of the Comprehensive Plan
will be met.
(i) A description of the intended phasing of development of the project, if any. The initial application for an
MPR shall provide sufficient detail for the phases such that the full intended scope and intensity of the
development can be evaluated. This shall also discuss how the project will function at interim stages prior to
completion of all phases of the project, and how the project may operate successfully and meet its
environmental protection, concurrency, and other commitments should development cease before all phases are
completed.
(2) Development Agreement. A master planned resort shall require approval of a development agreement as
authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.70B.170 through
36.70B.210. Consistent with JCC 18.40.830(3) and RCW 36.70B.170, the development agreements shall be
prepared by the applicant and must set forth the development standards applicable to the development of a specific
master planned resort, which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented
accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site
retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and
other development conditions; and
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(f) Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific
amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to
the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII of
Chapter 18.15 JCC (Subarea Plans) and JCC 18.45.030 may be used if deemed appropriate by both the applicant and
the county. The Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with
the review of the resort master plan and development agreement required for approval of a master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned resort project may be
designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-11-164
and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other
services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the
MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned
resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.70A.110. [Ord. 8-06
§ 1]
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the
board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and
Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement
of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080, shall hear and
make recommendations on master plans and site-specific applications for MPR land use designations on the
Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC 18.40.040, 18.40.850(5) and
18.45.080, shall designate new master planned resort land use districts on the Comprehensive Plan Land Use Map,
approve the uses, densities, conditions and standards authorized for site-specific MPRs in a development agreement,
and approve master plans. [Ord. 8-06 § 1]
18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or approved with
modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed to
ensure that the application meets these criteria, then the application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this chapter
(Environmentally Sensitive Areas District (ESA))Chapter 18.22, Critical Areas.
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline
Master Program, and complies with all other applicable sections of this code and all other codes and policies of the
county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities,
landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed.
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(4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as
transportation access, public safety, and social and health services, to adequately meet the needs of the guests and
residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-site urban-level
commercial and other services, and such services shall be oriented to serve the MPR.
(6) Environmental considerations are employed in the design, placement and screening of facilities and amenities so
that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as
feasible, the preservation of natural features, historic sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects
of the MPR on surrounding lands and property.
(9) The master plan establishes location-specific standards to retain and enhance the character of the resort.
(10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR
than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely
affect adjacent agricultural or forest resource land production. [Ord. 8-06 § 1]
18.15.138 Port Ludlow Master Planned Resort.
The Port Ludlow Master Planned Resort Code (JCC Title 17), as may be amended to be consistent with the
provisions of this UDC, is hereby adopted by reference and made a part of this UDC. [Ord. 8-06 § 1]
Article V. Rural and Resource Districts – Special Provisions
18.15.140 Agricultural and forest resource lands – Site-specific designations and amendments.
The procedures and process for a site-specific designation or removal from designation of agricultural and forest
resource lands shall be the same as for a Comprehensive Plan amendment as provided in Chapter 18.45 JCC. [Ord.
8-06 § 1]
18.15.145 Agricultural resource districts.
(1) Residential Density. No land designated as agricultural land shall be subdivided such that its residential density
exceeds one unit per 20 acres, when the property owner elects not to use the cluster subdivision option provided in
subsection (2) of this section.
(2) Clustering Provisions. The owner of a parcel designated as agricultural resources may undertake a cluster
subdivision in accordance with Article VI-M (PRRDs) of this chapter. The objective of a cluster subdivision is to
provide a property owner with sufficient development rights to maintain their ownership options while retaining the
maximum amount of land in agricultural production. [Ord. 8-06 § 1]
18.15.150 Forest resource districts.
(1) Residential Density. There shall be no subdivision of land designated commercial forest or rural forest for
residential purposes. However, nothing in this code shall be construed to prevent the owner of designated
commercial or rural forest land from living on his/her land; provided, that applicable building requirements are met.
(2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for construction or
installation of nonresidential purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least 80 acres in size
within the commercial forest designation and 40 acres in size within the rural forest designation and must meet the
following criteria:
(a) The facility cannot otherwise be suitability suitably located on undesignated land;
(b) The installation cannot otherwise be accomplished without subdivision;
(c) The facility is to be located on the lowest feasible grade of forest land; and
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(d) The facility removes as little land as possible from timber production.
(3) Setback Requirements for Adjacent Development. New structures proposed to be located on parcels adjacent to
designated forest lands shall:
(a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest lands and 100
feet adjacent to the rural forest lands designation, which shall serve as a resource protection area, as measured
from the property boundaries of adjacent forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250
feet adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, then
the new structure shall maintain the maximum setback possible; or
(ii) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest
land each sign and file for record, in the manner required by law for covenants running with the land, a
document which establishes an alternative setback for one or both of the properties, a setback of less than
250 feet adjacent to commercial forest lands and 100 feet adjacent to rural forest lands may be maintained;
(b) Provide adequate access for fire vehicles; and
(c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands or within 100
feet of rural forest lands, in the area where the setback is to be applied, the property owner shall survey the
property boundaries that abut forest land in the area where the setback is to be applied, locate the property
boundaries on the ground, and submit a record of survey, or other means deemed acceptable to the
administrator, with a building permit application.
(4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be located on parcels
designated commercial, rural, or inholding forest shall:
(a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection area, from the
property boundaries of adjacent commercial and rural forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250
feet, the new structure shall maintain the maximum setback possible.
(5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster subdivisions of
parcels adjacent to forest land shall establish a resource protection area of a minimum 250-foot width along
commercial forest land boundaries and 100-foot width along rural forest and inholding forest land boundaries. [Ord.
8-06 § 1]
Article VI. Overlay Districts
Article VI-A. Purpose
18.15.155 Established.
Overlay districts provide regulations in addition to those of other sections in this code for certain land areas and for
uses which warrant specific recognition and management. See the official maps for the location of the overlay
districts. Except as otherwise provided in this Article VI, the provisions of an overlay district shall prevail over any
conflicting provisions of this code for the duration of the overlay district, subject to RCW Title 36. All other
provisions of this code shall remain in full force and effect within the overlay district. The following types of
overlay districts are provided by this code:
(1) Mineral resource lands (MRL);
(2) Repealed by Ord. 3-08;
(3) Airport essential public facility district (A);
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(4) Remote rural (RR) overlay for West End Planning Area (WEPA) and Brinnon Planning Area (BRPA);
(5) Planned rural residential development (PRRD); and
(6) Small-scale recreation and tourist (SRT). [Ord. 3-08 § 2; Ord. 8-06 § 1]
Article VI-B. Maps
18.15.160 Official maps.
The official maps do not portray survey accuracy and do not provide a definitive answer as to whether any overlay
district regulations apply to a specific property. Persons may request a written interpretation from the administrator
as to the presence or absence of an overlay district(s) on specific property, except as provided for ESAs Critical
Areas in Chapter 18.22 JCC 18.15.165. In those cases where the administrator provides a written interpretation, the
interpretation shall be binding on the county. If written interpretations require a field investigation by a qualified
professional, it will be done at the requestor’s expense. [Ord. 8-06 § 1]
18.15.165 Environmentally sensitive areas (ESA) maps.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-C. Mineral Resource Lands District (MRL)
18.15.170 Designation procedures.
A mineral resource land (MRL) overlay district may be applied based upon the following criteria, only upon
acceptance by the county of a complete application from a property owner and upon approval of a redesignation in
accordance with Chapter 18.45 JCC and processed as a Comprehensive Plan amendment. MRLs of long-term
commercial significance are those lands from which the commercial extraction of minerals (sand, gravel, rock, and
other valuable aggregate or metallic substances) can be anticipated within 20 years and which are characterized by
all of the following:
(1) Have a known or potential extractable resource in commercial quantities verified by submittal of a geologic and
economic report prepared by a qualified professional;
(2) The parcel is a minimum of 10 acres in size;
(3) The subject property is surrounded by parcels no smaller than five acres in size on 100 percent of its perimeter;
(4) The current or future land use designation will not exceed a residential density of one dwelling unit per five
acres;
(5) Are not within any shoreline designation, urban growth area or rural village center or within one-half mile of any
established or potential urban growth area or rural village center boundary, as shown on the official maps of the
Comprehensive Plan; and
(6) Are not within a regulated wetland or fish and wildlife habitat area pursuant to Chapter 18.22 JCC Article VI-H
and VI-I of this chapter. [Ord. 8-06 § 1]
18.15.175 Allowable and prohibited uses.
Allowable and prohibited uses within mineral resource lands overlay districts are specified in Table 3-1 in JCC
18.15.040 for the underlying designation. All uses must comply with any applicable performance standards in
Chapter 18.20 JCC and development standards in Chapter 18.30 JCC; unless otherwise specified in this code. [Ord.
8-06 § 1]
18.15.180 Nuisance and disclosure provisions.
(1) Nuisance. The following shall not be considered a nuisance: mineral resource extraction and processing
activities, operations (except between 7:00 p.m. and 7:00 a.m. and on weekends), facilities or appurtenances thereof,
conducted or maintained for commercial mineral resource extraction and processing purposes on land designated as
mineral resource land (MRL), regardless of past or future changes in the surrounding area land use or land use
designation.
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(2) Disclosure. The disclosure statement in subsection (2)(b) of this section shall be used under the following
circumstances and in the following manner:
(a) Approval of any land division, land use, building, or development of lands adjacent to or within 500 feet of
lands designated as mineral resource land (MRL) shall be conditioned on the execution by the applicant of a
statement of acknowledgment containing the disclosure statement on forms provided by the department of
community development. However, if a disclosure conforming to the provisions of this section has been
provided for a prior permit, subsequent disclosures shall not be required.
(b) The required disclosure statement is as follows:
If your real property is within five hundred (500) feet of real property within an area
designated as Mineral Resource Land (MRL), you may be subject to inconveniences or
discomforts arising from such operations, including but not limited to noise, tree removal,
odors, fumes, dust, smoke, the operation of machinery, and the storage and disposal of
aggregate products. One or more of the inconveniences described may occur as a result of
extraction and processing operations which are in conformance with existing laws and
regulations. Jefferson County has determined that the use of certain real properties for mineral
resource extraction and processing activities is necessary to ensure resource availability in the
County. The County will not consider to be a nuisance those inconveniences or discomforts
arising from extraction and processing operations, if such operations are consistent with
commonly accepted best management practices and comply with local, state, and federal
laws.
[Ord. 8-06 § 1]
Article VI-D through VI-J. Repealed. Note: This was the location of former Environmentally Sensitive Areas
District (ESA) Overlays, now codified in Chapter 18.22 as Critical Areas. Any remaining references to
“environmentally sensitive areas” within the Jefferson County Code are interchangeable with the term
“critical areas.”
. Environmentally Sensitive Areas District (ESA)*
*(1) Ord. 3-08, Exhibit C, provides:
“(a) See JCC 18.20.030 for exemptions from the critical area requirements for agricultural activities designated under RCW
36.70A.170. Any agricultural activities designated under RCW 36.70A.170 that are not exempt from critical area requirements
shall be subject to JCC Title 18.
(b) See Chapter 18.22 JCC for critical areas. All references to “environmentally sensitive areas” within the Jefferson County
Code are interchangeable with the term “critical areas.”
(2) Ord. 3-08 § 2 provides:
“These sections remain applicable only through July 1, 2010 and apply only to agricultural activities that pre-date the existence of
this Ordinance and are occurring on land designated “AG” pursuant to JCC 18.15.020(1).”
18.15.185 Purpose.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.190 Applicability.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.195 Allowable uses.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.200 Coverage.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.205 General exceptions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.210 General exemptions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.215 Nonconforming uses.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.220 Reasonable economic use variance.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.225 Notice.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.230 Findings.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.235 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-E. Critical Aquifer Recharge Areas
18.15.240 Classification.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.245 Designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.250 Applicability.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.255 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-F. Frequently Flooded Areas
18.15.260 Incorporation by reference.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.265 Relationship to other regulations.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-G. Geologically Hazardous Areas
18.15.270 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.275 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.280 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-H. Fish and Wildlife Habitat Areas
18.15.285 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.290 Sources used for identification.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.295 Fish and wildlife habitat area maps.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.300 Exempt activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.305 Regulated activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.310 General prohibitions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.315 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.320 Conditions.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-I. Wetlands
18.15.325 Classification/designation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.330 Regulated activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.335 Exempt activities.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.340 Protection standards.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.345 Noncompensatory enhancement.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.350 Mitigation.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-J. Special Reports
18.15.355 Waivers.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.360 General contents.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.365 Retaining consultants.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.370 Responsibility.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.375 Aquifer recharge area report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
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18.15.380 Drainage and erosion control plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.385 Geotechnical report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.390 Grading plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.395 Habitat management plan.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
18.15.400 Wetland delineation report.
Repealed by Ord. 3-08. [Ord. 8-06 § 1]
Article VI-K. Airport Overlays
18.15.405 Designation.
The JCIA has been identified as an essential public facility in the Jefferson County Comprehensive Plans of 1998
and 2004. The airport represents a valuable public asset. It provides both an important transportation service and a
vital asset to facilitate economic growth in the county. As such, protection measures are needed to preserve the
continued future viability of the airport. Therefore, two airport overlays are hereby created, as follows:
(1) Airport Overlay I. For the purpose of this section, the Airport Overlay I is that geographic area affected by the
airport and defined on the basis of factors which include aircraft noise, aircraft flight patterns and airport safety
areas. It is based on the Noise Contour Interval Map contained in the FAA-approved JCIA master plan, which
projects the 55 DNL contour through the year 2022;
(2) Airport Overlay II. For the purpose of this section, the Airport Overlay II is that geographic area that is affected
by the FAA-mandated airport traffic pattern for the JCIA and defined on the basis of aircraft flight patterns and
safety areas. It includes areas that lie adjacent and to the south of Airport Overlay I and is based upon the Aircraft
Accident Safety Zone No. 6 contained in the “Airports and Compatible Land Use” publication of the Washington
State Department of Transportation’s Aviation Division (2/99), to the extent that Zone No. 6 correlates with the
FAA-mandated airport traffic pattern for the JCIA as set forth in the FAA-approved JCIA master plan. [Ord. 8-06 §
1]
18.15.410 Purpose of Airport Overlay I.
The purpose of the Airport Overlay I is to promote land uses that are compatible with the impacts of aircraft using
the JCIA and normal airport operations within the airport environs. Because impacts of low-flying aircraft can lead
to pressure to curtail activities at airports, the overlay is intended to protect the JCIA from such pressure, to apprise
new property owners and developers on notice of impacts from aircraft over-flights and to protect the public health,
safety and general welfare. The following regulations are intended to provide a general environmental disclosure to
current and prospective property owners of their proximity to airport operations, including flight take-off and
landing patterns, to promote compatible land uses, and to discourage the siting of incompatible uses. They are
further intended to discourage the siting of incompatible uses adjacent to the airport, protect the airport as an
essential public facility, and preserve the ability of the airport to continue its operations into the future. [Ord. 8-06 §
1]
18.15.415 Disclosure provisions – Airport Overlay I.
(1) Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an Airport Overlay
I map and supporting informational materials that identify the parcels located within the overlay. Such information
shall also be made available to the public through the county website and the county map database file, and shall be
included as a layer in the county GIS. The information made publicly available shall include a general notation
substantially stating as follows:
JCIA is a community airport for civil aviation and has been designated an Essential Public
Facility by Jefferson County in accordance with the provisions of the Washington State
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Growth Management Act and the Jefferson County Comprehensive Plan. Properties in the
vicinity of the airport may be subject to potential discomforts or inconveniences from noise
and vibration associated with aircraft takeoff, landing, over-flight, and normal ground
operations at the JCIA site. The County does not consider these inconveniences and/or
discomforts arising from such operations to be a nuisance as long as they are consistent with
Federal Aviation Administration regulations and standards. It is acknowledged that areas
lying outside the fixed boundary of the Airport Overlay I may also be subject to low level
noise and vibration. This information is intended only as a disclosure to property owners and
potential property owners of their proximity to the JCIA, and the potential for low-level noise
associated with airport activities.
(2) The county shall provide general notification to applicants for all development, except Type I permits (e.g.,
single-family residences), proposed to be sited in Airport Overlay I. The intent of this notification is to inform
applicants of their proximity to the airport and the potential for inconveniences and discomforts as described in
subsection (1) of this section. Such notification shall be sent to the applicant during the project review phase as
identified under JCC 18.40.110.
(3) Project approvals, except Type I permits as listed in JCC 18.40.040, whether permitted outright or conditionally,
within the Airport Overlay I shall contain as a condition of approval the following disclosure statement:
Jefferson County has determined that the Jefferson County International Airport (JCIA) is an
essential public facility, and as such is an important use in the County. Both the
Comprehensive Plan and the Growth Management Act require that the County discourage the
siting of incompatible uses in the airport vicinity. The County will not consider to be a
nuisance those inconveniences or discomforts arising from such operations, if such operations
are consistent with accepted federal aviation regulations and standards, the Port’s noise
abatement procedures and applicable local, state and federal laws. Since this real property lies
within the Airport Overlay I (a copy of which is available at the DCD Department and the
POPT offices), you may be subject to inconveniences or annoyances including, but not
limited to, noise and vibration associated with aircraft takeoff, landing and over-flight, and
noise and vibration due to normal ground operations at the JCIA site.
[Ord. 8-06 § 1]
18.15.420 Comment by the Port of Port Townsend.
The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located within the
Airport Overlay I. The county shall follow the referral and review requirements as listed in JCC 18.40.120. The
county, in its discretion, may also submit for comment development proposals located outside the Airport Overlay I,
but in such proximity to JCIA that the county deems appropriate an opportunity to comment by the Port. [Ord. 8-06
§ 1]
18.15.425 Nuisance provisions.
The following shall not be considered a nuisance: uses inherent to a general aviation public use airport, including but
not limited to on-site and off-site aircraft noise and aircraft take-offs and landings, as well as airport maintenance,
operation, construction and expansion activities, conducted in accordance with normal airport operations on land
designated as airport essential public facility district (AEPF), regardless of past or future changes in the surrounding
area land use or land use designations. [Ord. 8-06 § 1]
18.15.430 Uses prohibited.
The following uses shall be prohibited within the Airport Overlay I:
(1) Co-housing/intentional communities (subject to PRRD Overlay in RR districts);
(2) Manufactured/mobile home parks (subject to PRRD Overlay in RR districts);
(3) Multifamily residential units (plus three units);
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(4) Residential care facilities with six to 20 persons;
(5) Nursing/convalescent/assisted living facilities;
(6) Bed and breakfast inns (four to six rooms);
(7) Day care, commercial;
(8) Education facilities (state-owned);
(9) Assembly facilities;
(10) College or technical schools/adult education facilities (not state-owned);
(11) Parks and playfields;
(12) Recreational facilities;
(13) Schools, primary and secondary;
(14) Religious assembly facilities;
(15) Outdoor commercial amusement facilities; and
(16) Recreational, cultural or religious conference center/retreat facilities.
Any parcel or portion(s) of parcels located within the Airport Overlay I shall be subject to the incompatible use
prohibitions listed above. Any future changes to the underlying zoning or uses within the Airport Overlay I shall be
reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]
18.15.435 Purposes of Airport Overlay II.
The purposes of the Airport Overlay II are to apprise the public, property owners and developers of the existence of
the airport traffic pattern and impacts from routine aircraft over-flights, and to identify an airport safety zone within
which certain uses that involve higher concentrations of people will be prohibited for safety and compatibility
reasons (e.g., uses involving 100 persons or more in buildings). [Ord. 8-06 § 1]
18.15.440 Airport Overlay II Map.
Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an Airport Overlay II
map and supporting informational materials that identify the parcels located within the overlay. Such information
shall also be made available to the public through the county website and the county map database file, and be
included as a layer in the county GIS. The information made publicly available shall include a general notation
substantially stating as follows:
The Airport Overlay II includes areas that lie beneath the FAA mandated traffic pattern for
aircraft ascending or descending from the JCIA. As such, this area is subject to routine aircraft
over-flights. It is acknowledged that areas lying outside the delineated Airport Overlay II zone
may also be subject to aircraft over-flights.
[Ord. 8-06 § 1]
18.15.445 Comment by the Port of Port Townsend.
The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located within the
Airport Overlay II. The county shall follow the referral and review requirements as listed in JCC 18.40.120. The
county, in its discretion, may also submit for comment development proposals located outside the Airport Overlay
II, but in such proximity to JCIA that the county deems appropriate an opportunity to comment by the Port. [Ord. 8-
06 § 1]
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18.15.450 Approval criterion – Conditional use permits.
Prior to approval of conditional use permit for a use located within Airport Overlay II, the administrator and/or
hearing examiner shall make the following finding: “The proposed use is compatible with ongoing flight operations
conducted at the Jefferson County International Airport Essential Public Facility.” [Ord. 8-06 § 1]
18.15.451 Nuisance provisions.
The following shall not be considered a nuisance: uses inherent to a general aviation public use airport, including but
not limited to on-site and off-site aircraft noise and aircraft take-offs and landings, as well as airport maintenance,
operation, construction and expansion activities, conducted in accordance with normal airport operations on land
designated as airport essential public facility district (AEPF), regardless of past or future changes in the surrounding
area land use or land use designations. [Ord. 8-06 § 1]
18.15.452 Prohibited uses.
The following uses shall be prohibited within the Airport Overlay II:
(1) Manufactured/mobile home parks;
(2) Nursing/convalescent/assisted living facilities;
(3) Hospitals (medical, dental, vision and veterinary clinics which comply with the density standards are
permissible);
(4) Education facilities (state-owned);
(5) College or technical schools/adult education facilities (not state-owned);
(6) Schools, primary and secondary;
(7) Any proposed use or development which congregates more than 100 people inside of a building or buildings on a
subject parcel(s) and/or any use or development which congregates more than 150 people outside of a building or
buildings on a subject parcel(s).
Any parcel or portion(s) of parcels located within the Airport Overlay II shall be subject to the incompatible use
prohibitions listed above. Any future changes to the underlying zoning or uses within the Airport Overlay II shall be
reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]
Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area
18.15.455 Applicability – Intent.
The remote rural (RR) overlay district encompasses two distinct subareas of the county; the first is the area
designated as “West Jefferson County” (hereafter, West End Planning Area or WEPA) on the Jefferson County
Comprehensive Plan Land Use Map (the official map); and the second is Planning Area 11, known as the Brinnon
Planning Area or BRPA in south Jefferson County. The BRPA is designated in the Brinnon Subarea Plan (see JCC
18.15.580). The specific provisions for regulating home business, cottage industry, and small-scale recreation and
tourist uses in the WEPA and BRPA RR overlay districts are similar but not identical. Notation is made in the
following sections where the provisions differ.
The intent of this designation is to allow for expanded rural-compatible employment opportunities in sparsely
populated rural areas that are isolated and remotely located from commercial and urban growth areas. These areas
are characterized by high unemployment, distressed traditional resource-based economies, low residential densities,
and very limited projected 20-year population growth. [Ord. 8-06 § 1]
18.15.460 Home-based businesses.
In the RR overlay districts, home-based businesses shall be regulated according to the following provisions:
(1) Home-based businesses in the WEPA RR overlay shall be exempt from the following provisions of Chapter
18.20 JCC, Performance and Use-Specific Standards:
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(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.200;
(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200;
(c) The hours of operation as specified in JCC 18.20.200;
(d) The expansion limitations of the home-based business as specified in JCC 18.20.200. Instead, home-based
businesses in the WEPA RR overlay may be permitted conditionally at a nonresidential location under
provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated small-scale businesses.
(2) Home-based businesses in the BRPA RR overlay district shall be exempt from the following provisions of
Chapter 18.20 JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.200. Instead,
the number of nonresident employees allowed is eight and a number exceeding eight may be allowed with a
conditional use permit;
(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200; provided, that on-site retail sales are not
unreasonably disruptive to the use of adjacent properties (per subsection (3)(a) of this section);
(c) The hours of operation as specified in JCC 18.20.200.
(3) Exemptions allowed under this section shall be regulated according to the following standard:
(a) The home-based businesses shall not be disruptive to the use of adjacent properties and no equipment or
process shall be used in the home-based business which creates excessive noise, vibration, glare, fumes, odors,
or electrical interference to the detriment of the quiet use and enjoyment of adjoining property.
(4) Any public hearings associated with requirements under this section shall be held in the local area, close to the
residents who may be affected. [Ord. 8-06 § 1]
18.15.465 Cottage industries.
In the RR overlay districts, cottage industries shall be regulated according to the following provisions:
(1) Cottage industries in the WEPA RR overlay shall be exempt from the following provisions of Chapter 18.20
JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.170;
(b) The prohibition on specific occupations named in JCC 18.20.170;
(c) The indoor use and retail sales provisions of JCC 18.20.170;
(d) The hours of operation as specified in JCC 18.20.170;
(e) The outdoor storage/parking provisions of JCC 18.20.170;
(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead, cottage industries
in the WEPA RR overlay may be permitted conditionally at a nonresidential location under provisions of RCW
36.70A.070(5)(d)(iii), which relate to the siting of isolated cottage industries.
(2) Cottage industries in the BRPA RR overlay shall be exempt from the following provisions of Chapter 18.20
JCC, Performance and Use-Specific Standards:
(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.170. Instead,
the number of nonresident employees allowed is four and a number exceeding four may be allowed through a
new or revised conditional use permit;
(b) The prohibition on specific occupations named in JCC 18.20.170;
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(c) The indoor use and retail sales provisions of JCC 18.20.170; provided, that on-site retail sales are not
unreasonably disruptive to the use of adjacent properties (per subsection (3)(a) of this section);
(d) The hours of operation as specified in JCC 18.20.170;
(e) The outdoor storage/parking provisions of JCC 18.20.170;
(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead, cottage industries
in the BRPA RR overlay may be permitted conditionally under provisions of RCW 36.70A.070(5)(d)(iii),
which relate to the siting of isolated cottage industries.
(3) Exemptions allowed under this section shall be regulated according to the following standard:
(a) The cottage industry shall not be disruptive to the use of adjacent properties and no equipment or process
shall be used in the cottage industry which creates excessive noise, vibration, glare, fumes, odors, or electrical
interference to the detriment of the quiet use and enjoyment of adjoining property.
(4) Any public hearings associated with requirements under this article shall be held in the local area close to the
residents who may be affected. [Ord. 8-06 § 1]
18.15.470 Small-scale recreational and tourist uses.
In the WEPA RR overlay only, small-scale recreation and tourist uses shall be regulated according to the following
provisions:
(1) The list of illustrative small-scale recreation and tourist uses, as defined in Chapter 18.20 JCC, Performance and
Use-Specific Standards, shall be interpreted to include the following additional uses in the West End only:
(a) Small-scale grocery, convenience or general stores and shops or offices that provide basic goods and/or
personal and professional services to meet the needs of the local population. Buildings containing such uses
shall not exceed 5,000 square feet of gross floor area and shall be subject to all performance standards required
pursuant to JCC 18.20.140, Commercial Uses – Standards for site development, and the development standards
contained in Chapter 18.30 JCC.
(b) The small-scale recreational and tourist uses specified in this section shall be regulated as conditional uses
subject to the provisions of this code. Any public hearings associated with requirements under this section shall
be held in the West End close to the residents who may be affected. [Ord. 8-06 § 1]
Article VI-M. Planned Rural Residential Developments (PRRDs)
18.15.475 Purpose.
The purpose of this Article VI-M is to implement the Jefferson County Comprehensive Plan by promoting creativity
in site layout and design, allowing flexibility in the application of the standards for residential development in rural
residential and agricultural districts. This article provides performance criteria to encourage flexibility in the type
and design of rural residential housing available to the public through the planned rural residential development
(PRRD) process. More specifically, it is the purpose of this article to:
(1) Provide for residential development in rural areas in a way that maintains or enhances the county’s rural
character;
(2) Allow development of land with physical constraints, while at the same time preserving the natural
characteristics of the site, including topography, native vegetation, wildlife habitat, environmentally sensitivecritical
areas, and other natural amenities of value to the community;
(3) Retain large, undivided parcels of land that provide opportunities for compatible agricultural and other rural land
uses;
(4) Facilitate the creation of open space corridors for recreation and aesthetic enjoyment;
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(5) Permit developers to use innovative methods and approaches not available under conventional zoning methods to
facilitate the construction of a variety of housing types and densities serving the diverse housing needs of Jefferson
County residents; and
(6) Provide for the economical provision of infrastructure to new development by allowing choices in the layout of
roads, provision of community water and wastewater disposal systems and other improvements through superior site
design and the use of clustering. [Ord. 8-06 § 1]
18.15.480 Applicability.
(1) This Article VI-M shall apply to all permitted uses within all rural residential and agricultural districts (i.e., RR
1:5, RR 1:10, RR 1:20, AP-20, and AL-20) and constitutes an overlay district (i.e., floating zone) over these
districts. This article may be applied to existing subdivisions and lots of record on which no development has yet
occurred, or where adequate vacant land exists within an existing development to meet the criteria contained within
this article.
(2) The PRRD process provides an alternative to traditional development under the prescriptive standards of this
code. This article shall not be applied to rural residential or agricultural lots incapable of further subdivision due to
minimum lot size, or as a means to avoid other procedures more appropriately reviewed as variance applications
under Article IX of Chapter 18.40 JCC.
(3) A PRRD application must be processed with either an application for short subdivision, long subdivision, or
binding site plan approval under Chapter 18.35 JCC. The function of this article is to allow more innovative ways of
designing land divisions, enabling applicants to take advantage of incentives, including flexible density and
dimensional standards, modification of other requirements of the county’s development standards contained in this
code, and density bonuses in appropriate situations in exchange for demonstrated benefits to the public interest.
[Ord. 8-06 § 1]
18.15.485 Minimum and maximum land area – Dwelling unit cap and cluster cap.
The permissible number of dwelling units within a PRRD shall be calculated based upon the dwelling unit density of
the underlying land use district.
(1) The minimum land area required for PRRD proposals shall be as follows:
(a) RR 1:5 district – 10 gross acres;
(b) RR 1:10 district – 20 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 40 gross acres.
(2) The maximum land area that may be included in a PRRD proposal shall be as follows:
(a) RR 1:5 district – 225 gross acres;
(b) RR 1:10 district – 450 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts – 900 gross acres.
(3) The maximum number of dwelling units that may be permitted in a PRRD proposal shall be limited to 45,
contained within dwelling unit clusters of not more than 20 dwelling units each; except, that where a density bonus
is requested under JCC 18.15.520, the proposal may include up to a total of 54 dwelling units, contained within
dwelling unit clusters of not more than 22 dwelling units each.
(4) Dwelling unit clusters within PRRD proposals shall be sufficiently separated to provide visual relief and
maintain rural character. Where feasible, clusters shall be separated by the natural topographical features of the site,
including, but not limited to, environmentally sensitivecritical areas, watercourses, and ridge lines. However, in no
case shall dwelling unit clusters be located closer than 600 lineal feet from one another. These requirements
regarding separation of dwelling unit clusters shall also be applied to circumstances where the adjoining property or
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properties have previously been developed through the PRRD process as set forth in this Article VI-M. [Ord. 8-06 §
1]
18.15.490 Rural residential districts – Reserve tract requirements.
(1) Each PRRD within the RR 1:5, RR 1:10 and RR 1:20 districts shall contain a reserve tract(s) comprising at a
minimum the following percentage of the proposed PRRD:
(a) RR 1:5 – 65 percent;
(b) RR 1:10 – 75 percent; and
(c) RR 1:20 – 85 percent.
(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land trust, individual
or other legal entity. The reserve tract shall be preserved as open space in perpetuity.
(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD may be
located within the limits of the reserve tract(s).
(4) Golf courses and accessory uses may be permitted upon a reserve tract without issuance of a separate conditional
use permit under Chapter 18.40 JCC, if application for such uses accompanies the same application for initial PRRD
approval. [Ord. 8-06 § 1]
18.15.495 Agricultural districts – Reserve tract requirements.
(1) Each PRRD within the agricultural districts shall contain a reserve tract(s) comprising at a minimum the
following percentage of the proposed PRRD: 85 percent with emphasis on preserving land with prime agricultural
soils for the practice of agriculture.
(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land trust, individual
or other legal entity.
(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD may be
located within the limits of the reserve tract(s) only when they would not significantly impede the current or
potential future resource use of the reserve tract(s).
(4) Permitted uses within the reserve tract shall be limited to agriculture, floriculture, horticulture, general farming,
dairy, the raising, feeding and sale or production for poultry, livestock, fur-bearing animals, or honey bees,
Christmas trees, nursery stock and floral vegetation, and other agricultural uses and activities accessory to farming
and animal husbandry. These limitations on use of the reserve tract shall be noted on the face of the plat or binding
site plan.
(5) An existing residence within the limits of the reserve tract shall count toward the total number of residential units
allowed in the PRRD. [Ord. 8-06 § 1]
18.15.500 Agricultural districts – Development setbacks from reserve tract(s).
Repealed by Ord. 6-04. [Ord. 11-00 § 3.6.13(6)]
18.15.505 Application submittal and contents.
To be considered complete, an application for a PRRD shall include the following information:
(1) The application for approval of a PRRD shall be submitted to the department of community development on
forms to be provided by the department along with the appropriate fees established under the Jefferson County fee
ordinance;
(2) A completed land use permit application form, including all materials required in accordance with Chapter 18.40
JCC;
(3) Five copies of a PRRD site plan prepared in accordance with the following requirements:
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(a) The dimensions and area of each proposed lot, tract or parcel (including any reserve tract(s)) to accurately
show that the property proposed for the PRRD contains sufficient area to allow the number of lots, tracts or
parcels proposed without exceeding the average density allowed in the underlying zoning district. Where a
density bonus is requested under JCC 18.15.520, the average density allowed in the underlying district may be
exceeded by up to 20 percent of the allowed density for that district and an additional 20 percent for the area in
the reserve tract that are designated critical areas. An additional bonus may be granted for the buffer area(s)
associated with environmentally sensitive or critical areas that are included within the reserve tract, the bonus
shall not exceed 20 percent of the allowed density in the buffer area; and provided further, that the area of land
contained in access easements, access panhandles or pipestem configurations shall not be included in the area
computations;
(b) The PRRD plan drawing shall be prepared by a Washington State licensed engineer or land surveyor
registered or licensed by the state of Washington. The PRRD plan shall be consolidated with any plan or plat
submitted under Chapter 18.35 JCC. The preparer shall certify in the plan submitted that it is a true and correct
representation of the lands actually surveyed. The preparation of the plan shall comply with the Survey
Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. The plan drawing shall have minimum
dimensions of 18 inches by 24 inches and contain all information required in Article IV of Chapter 18.35 JCC
for long subdivisions of property;
(c) If the applicant proposes a site design providing for a variety of separate residential areas or densities within
a site, the site plan shall include a table providing the following information for each distinct area:
(i) The proposed residential use type in each area (e.g., detached single-family, duplexes, or multifamily);
(ii) The number of dwelling units;
(iii) Gross acreage; and
(iv) The approximate area of the smallest proposed lot;
(d) A form of the endorsement of the DCD administrator, as follows:
APPROVED BY JEFFERSON COUNTY
________________________ ______
Department of Community Date
Development Director
(4) Where applicable, any special reports or studies required pursuant to Article VI-D of this chapter prepared in
accordance with the requirements of Article VI-J of this chapter;
(5) The applicant shall supply a narrative statement substantiating how the proposed development will be superior to
or more innovative than conventional development under this code. The statement shall also substantiate how the
proposed PRRD will provide a benefit to the public beyond that available through conventional development. The
applicant shall specifically identify all requirements and criteria of this Unified Development Code proposed for
modification;
(6) The applicant shall supply completed information and materials for all other permit and development
applications required under this code consolidated with the PRRD application;
(7) A conceptual landscaping plan shall be prepared, showing the proposed location and types of proposed
vegetation;
(8) Building profiles if the PRRD proposes multifamily residential development; and
(9) Any additional information required by the DCD administrator and/or the director of the department of public
works. [Ord. 8-06 § 1]
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18.15.510 Consolidated applications.
Where applicable, and in addition to the requirements set forth in JCC 18.15.480(3), applications for boundary line
adjustments, conditional use permits or any other action requiring issuance of a permit under this code shall be
considered simultaneously with a PRRD application. [Ord. 8-06 § 1]
18.15.515 Incentives – Innovative development proposals.
(1) Purpose.
(a) More efficient use can be made of land, energy and resources and more livable development can be
achieved when the designer has flexibility in residential dwelling unit types, placement and density. Such
flexibility can be achieved while safeguarding the public interest by review of the proposed PRRD plan that
shows the type and placement of residential structures.
(b) It is intended that innovative residential development encourage imaginative design to achieve these
purposes. Therefore, incentive and flexibility may be allowed such as clustered housing and bonus densities, lot
size averaging, zero lot lines, condominium development, and mixed residential types. The hearing examiner
may approve the use of these tools as provided in this section as deemed reasonable and warranted by the
excellence of the resulting design and its benefits to the community.
(2) Techniques.
(a) Clustered Housing. When residences are clustered in design groups in a PRRD with common open space,
the clustered housing may, in lieu of the zone restrictions, be designed with building locations, lot sizes, and/or
yards standards as prescribed on the plat or on plans for the PRRD approved by the county.
(b) Density Bonuses. When a plat, PRRD or other instrument is submitted under this Article VI-M, and is of
sufficient excellence in design and planning, a higher density may be allowed therein in accordance with JCC
18.15.520.
(c) Lot Size Averaging. Lot area may be varied. Except as allowed under JCC 18.15.520, the combined area of
all lots and reserve tracts in the PRRD shall be equal to the density of lot size allowed in the zone where
located.
(d) Flexible Yards. Except as required under JCC 18.15.500 yards may be reduced to zero, provided the
structures are shown on the plat or PRRD and a 10-foot access for maintenance is given by yard and/or
easement along each outside wall.
(e) Residential Types. To achieve the most efficient use and conservation of land, energy, resources, view and
terrain, mixed residential types may be designated and allowed in innovative PRRDs as prescribed in this
section.
(3) Buyer Notification. The PRRD plan shall note that the residences thereon constitute an innovative residential
development and must be constructed as shown on the PRRD plan. Building permits may be issued only for
structure types and placements as shown on the PRRD plan. Sales agreements and titles for land and residences sold
in innovative residential developments shall note this restriction. [Ord. 8-06 § 1]
18.15.520 Modification of permitted densities – Density bonuses.
(1) Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to encourage the development
of more affordable housing, provide additional public amenities, or preserve valuable natural or cultural resources
and features. The satisfaction of any of the bonus density criteria specified in subsection (4) of this section is
considered to be in the public interest and worthy of a bonus density.
(2) Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review and approval
by the hearing examiner after a public hearing. Such bonus densities may be granted to a deserving application if the
PRRD plan submitted is judged by the hearing examiner to have achieved one or more of the bonus density criteria
in subsection (4) of this section.
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(3) Maximum Bonus Density. In addition to criteria provided in this Article VI-M, the density shall be compatible
with the site’s natural constraints and the character and density of the surrounding area.
(4) Criteria for Approval of Bonus Densities. Upon submittal of the PRRD application, the hearing examiner shall
review the proposed project and with respect to the allocation of bonus densities for the project. The allocation of
bonus densities should be based upon a comprehensive review of the entire project. It is the intention of this section
to allow bonus densities where a PRRD applicant proposes design attributes providing public benefits in addition to
those required by local, state or federal land use, health, or environmental regulations. Bonus densities shall not be
allowed for site design proposal that merely reflect mandatory requirements of local, state and federal codes or
regulations. Consideration shall be given to, but not necessarily limited to, the following criteria:
(a) Preservation of Natural, Historical and Cultural Features. Items for consideration under this criterion
include the preservation and minimum disturbance of natural features and wildlife habitat; preservation of
unique historical or cultural features; preservation of open space; and preservation of scenic resources.
(b) Public Service and Facility Availability. Items for consideration under this criterion include the provision of
public park or other public facilities and/or sites; bicycle and pedestrian pathway systems; public transit access
to the site; and special site design for special needs residents.
(c) Energy Efficiency. Items for consideration under this criterion include preservation of solar access; south
orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks
and shading; common wall construction; the use of solar energy systems either passive or active for heating
and/or cooling; energy conserving design of roadways and other structures; and higher insulation levels.
(d) Public Recreation Facilities. Items for consideration under this criterion include provision for public
recreational features such as active play areas, passive open space areas, golf courses, and bicycle and
pedestrian pathway systems.
(e) Environmental Design. Items for consideration under this criterion include on-site designs providing
regional benefits, including drainage control using natural drainage and landscaped drainage retention facilities;
flood control measures, particularly those measures serving regional needs; significant public access provided
to designated potential open space or park areas, shoreline areas, trails, scenic sites and viewpoints; provision
for substantial and exceptional landscape treatment; preservation of habitat identified for threatened and
endangered species; and the use of recycled materials and resource conserving designs.
(f) Affordable Housing. Items for consideration under this criterion include the provision of a mix of housing
types, use of townhouses or other common wall construction techniques directed toward providing a reasonable
mix or diversity of bona fide affordable housing opportunities for the community. For the purposes of this
section, and consistent with Policy No. 6.1 of the County-Wide Planning Policy for Jefferson County (as
amended by County Resolution No. 112-94, “affordable housing” means housing units available for purchase
or rent to individuals or families with a gross income between the federally recognized poverty level and the
median income for working families in Jefferson County; with costs, including utilities, that do not exceed 36
30 percent of gross income (RCW 43.185B.010). 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 housing opportunities, the amount of bonus will be linked to the level
of affordability (i.e., the lower the cost or rental rate per unit, the greater the bonus afforded to the
development). Density bonuses for low-income housing projects will be granted only where all of the following
conditions are satisfied:
(i) The developer must agree to sell or rent the units to qualifying residents (i.e., only low-income and very
low-income households);
(ii) The developer must ensure the continued affordability of the units by qualified residents for a
minimum of 20 years through the use of restrictive covenants or other deed restrictions approved by the
county; and
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(iii) The units must be of an innovative design and compatible with the existing character of the
surrounding area, with adequate assurances that such design and compatibility will be maintained
throughout the 20-year period.
(g) Provision of Innovative Design. Items for consideration under this criterion include the provision of
innovative design elements similar to, but not limited to, those described in JCC 18.15.515(2).
(h) Other suitable items believed by the county to be worthy of consideration may also be included as bonus
density criteria. [Ord. 8-06 § 1]
18.15.525 Modification of development standards.
(1) The following development standards may be modified in approving a PRRD application:
(a) Building setbacks;
(b) Height of buildings or structures, not to exceed 40 feet;
(c) Lot size;
(d) Lot width; and any other standards contained in Chapter 18.30 JCC.
(2) Standards that may not be modified or altered are:
(a) Shoreline regulations when the property is located in an area under the jurisdiction of the Jefferson County
Shoreline Master Program;
(b) Standards pertaining to development within environmentally sensitivecritical areas as set forth in Articles
VI-D through VI-J of this cChapter 18.22, Critical Areas;
(c) Regulations pertaining to nonconforming legal structures and uses as set forth in JCC 18.20.260; and
(d) Regulatory standards and requirements of the Jefferson County health department, Washington State
Department of Health, and Washington State Department of Ecology pertaining to the provision of potable
water and wastewater disposal.
(3) Criteria for Approval of Alternative Development Standards. Approval of alternative development standards for
PRRDs differs from the variance procedure described in Article IX of Chapter 18.40 JCC in that rather than being
based upon hardship or unusual circumstance related to a specific property, the approval of alternative development
standards proposed by a PRRD shall be based upon the criteria listed in this Article VI-M. In evaluating a planned
development that proposes to modify the development standards of the underlying zoning district, the hearing
examiner shall consider and base its findings upon the ability of the proposal to satisfy the following criteria:
(a) The proposed PRRD shall be compatible with surrounding properties, especially as relates to the following:
(i) Landscaping and buffering;
(ii) Public safety;
(iii) Site access and circulation;
(iv) Architectural design of building and harmonious use of materials;
(b) The unique characteristics of the subject property;
(c) The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the PRRD;
(d) Visual impact of the PRRD upon the surrounding area;
(e) Improvements proposed in connection with the PRRD;
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(f) Preservation of unique natural features of the property; and
(g) The public benefit derived by allowing the proposed alteration of development standards. [Ord. 8-06 § 1]
18.15.530 Preliminary PRRD approval criteria.
The following criteria are the minimum measures by which each proposed PRRD will be considered:
(1) PRRDs shall be given preliminary approval, including preliminary approval subject to conditions, upon finding
by the hearing examiner that all of the following have been satisfied:
(a) The proposed PRRD conforms to:
(i) The Jefferson County Comprehensive Plan;
(ii) All provisions of this code that are not proposed for modification; and
(iii) Any other provisions of local, state or federal regulations, policies or plans, except those standards
proposed for modification;
(b) Utilities and other public and private services necessary to serve the needs of the PRRD shall be made
available, including:
(i) Open spaces;
(ii) Drainage ways;
(iii) Roads and other public ways;
(iv) Potable water;
(v) Transit facilities;
(vi) Wastewater disposal;
(vii) Parks and playgrounds;
(viii) Schools; and
(ix) Sidewalks and other improvements that assure safe walking conditions for students who walk to and
from school;
(c) The probable significant adverse environmental impacts of the proposed PRRD, together with any practical
means of mitigating such adverse impacts, have been considered and a determination issued that such adverse
impacts can be mitigated in accordance with Article X of Chapter 18.40 JCC and the State Environmental
Policy Act (SEPA), Chapter 43.21C RCW;
(d) Approving the proposed PRRD will serve the public use and interest and adequate provision has been made
for the public health, safety and general welfare;
(e) The proposed PRRD satisfies the criteria set forth in this Article VI-M, as applicable; and
(f) The proposed PRRD will be superior to or more innovative than conventional development and will provide
greater public benefit than that which would be available through the use of conventional zoning and/or
development standards.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in accordance with RCW
58.17.120, as now adopted and hereafter amended, a proposed PRRD may be denied because of flood, inundation or
swamp conditions. Where any portion of the proposed PRRD lies within both a flood control zone, as specified by
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Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the county shall not
approve the PRRD unless:
(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no feasible alternative exists
to locating lots and building envelopes within the one percent flood hazard area; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of this chaptercritical area
provisions of Chapter 18.22 JCC and any written recommendations of the Washington State Department of
Ecology. In such cases, the administrator shall issue no development permit associated with the proposed
PRRD until flood control problems have been resolved.
(3) Preliminary approval of a PRRD does not constitute approval to obtain any building permits or begin
construction of the project. [Ord. 8-06 § 1]
18.15.535 PRRD review and approval process.
(1) An application for preliminary PRRD approval shall be processed according to the procedures for Type III
decisions established in Chapter 18.40 JCC.
(2) A PRRD consolidated with a short subdivision application shall be reviewed for compliance with all standards
and criteria set forth in Article III of Chapter 18.35 JCC.
(3) A PRRD consolidated with a long subdivision application shall be reviewed for compliance with all standards
and criteria set forth in Article IV of Chapter 18.35 JCC.
(4) A PRRD consolidated with a binding site plan application shall be reviewed for compliance with all standards
and criteria set forth in Article V of Chapter 18.35 JCC.
(5) In addition to review under all requirements of Chapter 18.35 JCC, based on comments from county departments
and applicable agencies, the hearing examiner shall review the proposal subject to the criteria contained in this
Article VI-M, and shall approve any such proposal only when consistent with all the provisions of this article. [Ord.
8-06 § 1]
18.15.540 Performance guarantees – PRRD agreements.
To ensure that the development is carried out in accordance with the proposed design and the conditions of project
approval, prior to final approval, the hearing examiner shall require that the applicant enter into written agreement
with the county, which agreement shall constitute CC&Rs binding upon all future purchasers, tenants and occupants
of the PRRD. Recordation of a signed PRRD agreement shall be a precondition to final approval of the PRRD. The
PRRD agreement may include as applicable, and without limitation, the following:
(1) An adequate guarantee providing for the permanent preservation, retention and maintenance of all reserve tracts
(i.e., open space or agricultural) or public areas;
(2) Where a reserve tract(s) is to be protected against building development, the applicant shall convey to the county
an easement over such areas restricting the area against any future building or use except as consistent with
providing open space for the aesthetic and recreational enjoyment of the surrounding residences, or providing an
area permanently reserved for agricultural uses, as applicable;
(3) The care and maintenance of reserve tracts shall be assured by establishment of an appropriate management
organization for the project;
(4) Ownership and tax liability of any reserve tract(s) shall be established in a manner acceptable to the county; and
(5) Where bonus densities are obtained for low-income housing development, the applicant shall provide an
assurance that the low-income housing will be maintained on the property for not less than 20 years and that project
design and measures to ensure compatibility with adjacent land uses shall be maintained throughout the 20-year
term. [Ord. 8-06 § 1]
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18.15.545 Modifications to an approved PRRD.
(1) Modifications to a previously approved preliminary PRRD may be requested by the applicant and approved by
the director subject to the provisions for Type I decisions in Chapter 18.40 JCC; provided, that the modification does
not involve any of the following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a building site pursuant to this code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent parcel.
(2) Before approving such an amendment, the administrator shall make written findings and conclusions
documenting the following conditions:
(a) Increase the residential density;
(b) Reduce the area of a reserve tract;
(c) Relocate a reserve tract in a manner that makes it less accessible or usable as open space or agricultural
land, as applicable;
(d) Change the point(s) of access to different roads;
(e) Increase the total ground area covered by building or other impervious surfaces; or
(f) Fail to preserve unique natural features that were required to be preserved by the preliminary PRRD
approval.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed the criteria set
forth in subsection (2) of this section, shall be processed as a new PRRD application. [Ord. 8-06 § 1]
18.15.550 Building and occupancy permit – Issuance after final PRRD approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary storage building shall
be issued for a lot or parcel within an approved PRRD prior to a determination by the relevant fire district chief or
designee that adequate fire protection and access for construction needs exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary storage building shall
be issued for a lot or parcel within an approved PRRD until either:
(a) All required improvements that will serve the subject lot or parcel have been constructed and the county has
accepted properly executed documents for such improvements; or
(b) All required improvements have been bonded or otherwise guaranteed; or
(c) An improvement bond in an amount adequate, in the determination of the director of the department of
public works, to guarantee construction of those required public improvements necessary to serve the lot or
parcel or which a building permit is sought has been accepted by the county.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other approved temporary
building shall be issued for a structure on a lot or parcel within an approved PRRD prior to final inspection and
approval of all required improvements which will serve such lot or parcel to the satisfaction of the director of the
department of public works and county building official. [Ord. 8-06 § 1]
18.15.555 Final PRRD plan requirements.
(1) The applicant must submit a reproducible copy of the proposed final PRRD plan to the administrator of the
department of community development.
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(2) Where a PRRD is consolidated with a short subdivision or long subdivision, the applicant shall submit all
information required for submittal under Article III (Short Subdivisions) or Article IV (Long Subdivisions) of
Chapter 18.35 JCC, as applicable.
(3) Where a PRRD is consolidated with a binding site plan application, the applicant shall submit all information
required for submittal under Article V of Chapter 18.35 JCC, as applicable.
(4) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a PRRD, a
typewritten copy of such covenants, bearing all necessary signatures, shall be submitted along with the final PRRD.
Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of PRRD
approval, the DCD director shall approve and sign the deed restriction or CC&Rs prior to final approval. The
CC&Rs shall clearly delineate the provisions that the hearing examiner has imposed as a condition of PRRD
approval and those provisions voluntarily imposed by the applicant/declarant for private purposes. The CC&Rs shall
specifically provide that the county will not enforce any private CC&R provisions.
(5) The final PRRD plan shall be accompanied by a current (within 30 days) title company certification of:
(a) The legal description of the total parcel subject to the application;
(b) Those individuals or corporations holding an ownership interest and any security interest (e.g., deeds of
trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or
corporations shall sign and approve the final plan prior to final approval;
(c) Any lands to be dedicated to the county shall be conformed as being owned in fee title by the owner(s)
signing the dedication certificate;
(d) Any easements or restrictions affecting the property with a description of purpose and referenced by the
auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the proposal, an American Land Title
Association title policy may be required by the director of the department of public works.
(6) The applicant shall submit for final approval any PRRD agreement that may be required in conformance with
JCC 18.15.540.
(7) The final PRRD plan shall be processed as a Type IV application as set forth in Chapter 18.40 JCC, and shall be
approved by the board of county commissioners upon satisfaction of all conditions of approval and all requirements
as provided in this Article VI-M. [Ord. 8-06 § 1]
18.15.560 Time limitations on final PRRD submittal.
Approval of a preliminary PRRD shall expire unless the applicant submits a proposed final PRRD with all
supporting documents in property form for final approval within five years after preliminary approval. [Ord. 8-06 §
1]
18.15.565 Extinguishment of preliminary planned unit developments approved prior to UDC adoption.
The applicant or owner of a property subject to a planned unit development preliminarily approved prior to the
initial adoption date of this Unified Development Code (UDC) shall obtain all permits for the development of the
site within two years of the initial adoption of the ordinance codified in this code. If the applicant fails to obtain all
permits within two years, the approval shall be extinguished, and no site development permits shall be issued until
the applicant files an application and obtains approval for a PRRD in accordance with this Article VI-M. [Ord. 8-06
§ 1]
18.15.570 Filing of final PRRD plan.
Upon review and approval of a final PRRD, the DCD administrator shall return the original to the applicant for
recording. The final PRRD plan shall be filed in accordance with the applicable procedures provided in Chapter
18.35 JCC. [Ord. 8-06 § 1]
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Article VI-N. Forest Transition Overlay District (FTO)
18.15.571 Forest transition overlay (FTO) district.
(1) Purpose. The purpose and intent of this section is to provide a mechanism for designation of forest transition
(FTO) lands and to provide development standards within the FTO overlay district in order to promote the continued
viability of resource-based activities in rural areas and minimize the potential for conflict and incompatibility among
these uses and adjacent residential uses. The development standards in this section, coupled with existing
development standards in this code, are intended to achieve compatibility through implementation of performance
criteria that will ensure adequate resource protection perimeter buffers, while maintaining the rural character and
preserving environmentally sensitivecritical areas.
(2) Applicability.
(a) “Forest transition overlay (FTO)” is a rural lands category established under the Comprehensive Plan. The
FTO designation does not automatically attach to any lands within the county. An owner of forest resource
lands, meeting the criteria set forth in subsection (3) of this section, may apply for designation. All lands
designated FTO shall be subject to the requirements and criteria of this section.
(b) An FTO application must be processed with an application for short subdivision, long subdivision, or
binding site plan approval under Chapter 18.35 JCC. Long subdivisions or binding site plans must also be
coupled with a planned rural residential development (PRRD) application. The PRRD process provides
increased flexibility and creativity in site layout and design and a better opportunity to create a viable transition
between higher density rural residential uses and forest resource uses.
(3) Criteria for Designation. Only those forest resource lands that meet the following criteria are eligible for FTO
designation:
(a) The parcel must be designated commercial forest (CF-80) or rural forest (RF-40);
(b) The parcel, as it existed at the time of Comprehensive Plan adoption on August 28, 1998, must abut land
characterized by pre-platted lots of a density greater than or equal to one dwelling unit per acre on 25 percent of
the total perimeter of the parcel boundary lines. Forest land parcels separated from lots by a public right-of-way
shall not be considered abutting;
(c) The minimum parcel size shall be 10 gross acres; and
(d) The maximum parcel size shall be 225 gross acres.
(4) Allowable and Prohibited Uses. Allowable and prohibited uses within the FTO overlay district shall be the same
as those allowed and prohibited in the rural residential one du/five acres (RR 1:5) district as specified in Table 3-1 in
JCC 18.15.040. All uses must comply with any applicable performance standards in Chapter 18.20 JCC and
development standards in Chapter 18.30 JCC.
(5) Protection Standards.
(a) General. All permit development applications on a parcel of land designated FTO shall be included in the
FTO overlay district and shall adhere to the requirements set forth in this section.
(b) Resource Protection Perimeter Buffers. Within the FTO overlay district, each parcel shall be required to
create a resource protection perimeter buffer along common boundaries with designated forest resource lands.
(i) There shall be established and maintained a resource protection perimeter buffer of 250 feet in width
along common boundaries with designated forest resource lands.
(ii) Resource protection perimeter buffers shall be retained in their natural condition, except where
removal of vegetation is approved to enhance views or provide access or utilities.
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(iii) Resource protection perimeter buffers shall be marked with permanent signs at an interval of every
200 feet. Signs shall remain permanently and shall be in place prior to and during approved construction
activities. The signs shall contain the following statement: “Resource Protection Buffer – Do Not Remove
Or Alter Existing Native Vegetation – For Further Information Contact the Jefferson County Department
of Community Development.”
(iv) The landowner shall be required to dedicate the resource protection buffer as a permanent open space
tract on all final development permits, plats, or site plans.
(v) The landowner shall be required to include a notation on all final development permits, plats or site
plans that includes the following notation:
Forest Transition Overlay. The land comprising this development is designated forest
transition overlay and subject to the requirements of the forest transition overlay district,
contained in JCC 18.15.571. All development activities are subject to, and must be undertaken
in compliance with, the requirements and protective standards set forth in the unified
development code.
(c) Additional PRRD Standards. In addition to the provisions of Article VI-M of this chapter, the following
development standards shall apply to PRRDs within the FTO overlay district:
(i) Parcels within the FTO overlay district shall be deemed RR 1:5 for purposes of Article VI-M of this
chapter. All standards, requirements, and criteria applicable to land designated RR 1:5 shall be applicable
to land within the FTO overlay district.
(ii) Where reasonably feasible, the reserve tracts required by JCC 18.15.490 shall be situated along
common boundaries with designated forest resource lands to enhance the size of resource protection
perimeter buffers and minimize the potential for future conflicts and incompatibility.
(iii) Applicants are encouraged to design PRRDs within the FTO overlay district that include innovative
ways to reduce the potential for conflict and incompatibility between forestry land uses and rural
residential lands uses, maintain the predominant rural character, preserve scenic views and
environmentally sensitivecritical areas, and enhance the aesthetic benefits to the public by harmonizing the
development with the topography and landscape features of the land.
(d) Compliance with Other Overlay District Requirements. All permits and development applications shall
comply with the requirements of all other applicable overlay districts as set forth in Article VI of this chapter.
(6) Application Submittal and Contents. To be considered complete, an FTO application shall include the following
information:
(a) The FTO application shall be submitted to the department of community development (DCD) on forms to
be provided by DCD along with appropriate fees established under the Jefferson County fee ordinance;
(b) A completed land use application form, including all materials required in accordance with Chapter 18.40
JCC;
(c) The applicant shall supply completed information and materials for all other permit and development
applications required under this code consolidated with the PRRD application, if applicable;
(d) Where applicable, and special reports or studies required pursuant to Article VI-D of this chapter, prepared
in accordance with the requirements of Article VI-J of this cChapter 18.22 JCC;
(e) The applicant shall supply a narrative statement substantiating how the proposed development will provide
a benefit to the public in reducing the potential conflict and incompatibility among abutting properties
designated forest lands; and
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(f) Any additional information required by the DCD administrator and/or the director of the department of
public works.
(7) Preliminary FTO Approval Criteria.
(a) An FTO application shall be processed according to the procedures for a Type II decision established in
Chapter 18.40 JCC.
(b) An FTO application shall be given preliminary approval upon a finding by the DCD administrator that the
parcel(s) subject to the FTO application satisfy the criteria set forth in subsection (3) of this section, and that
the FTO application is complete in accordance with the requirements set forth in subsection (6) of this section.
(8) Final FTO Designation. The FTO designation shall become effective upon final short subdivision, long
subdivision, binding site plan and, if applicable, PRRD approval.
(9) Time Limitations on Final FTO Approval. Preliminary FTO approval shall expire unless the applicant obtains
final short subdivision, long subdivision, binding site plan and, if applicable, PRRD approval within the time limits
applicable to the particular development application(s). [Ord. 8-06 § 1]
Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District
18.15.572 Small-scale recreation and tourist (SRT) overlay district.
(1) Purpose. The purpose of this section is to implement the Brinnon Subarea Plan, a chapter of the Jefferson County
Comprehensive Plan, by establishing a small-scale recreation and tourist (SRT) overlay district at WaWa Point. The
intent of this section is to encourage small-scale recreation and tourist development consistent with the needs, scale
and rural character of the Brinnon Planning Area and in compliance with the provisions of RCW 36.70A.070. This
section provides for certain exemptions, review criteria and other requirements to encourage compatible rural
economic development in the Brinnon Planning Area. The provisions of this section allow for flexible application of
the SRT standards to recognize the unique economic development characteristics and needs of this remote rural area.
(2) Applicability. This section shall apply to all small-scale recreation and tourist uses identified in Table 3-1 in JCC
18.15.040 and subject to the performance standards identified in JCC 18.20.350. The WaWa Point SRT overlay
district shall encompass those areas within the Brinnon Planning Area identified on Figure BR-9 of the Brinnon
Subarea Plan. The provisions of this section constitute an overlay district (i.e., floating zone) over the underlying
rural residential districts at WaWa Point. All other provisions of this unified development code shall apply to such
uses in the SRT overlay district unless otherwise exempted by this section.
(3) Small-Scale and Recreational Tourist Uses. In the WaWa Point SRT overlay district, small-scale recreation and
tourist uses shall be regulated according to the following provisions:
(a) The list of illustrative small-scale recreation and tourist uses in rural residential districts, as defined in Table
3-1 in JCC 18.15.040, and Chapter 18.20 JCC, Performance and Use-Specific Standards, shall be classified as
Type II permit uses within the SRT overlay district only unless otherwise classified by this section.
(b) Outdoor commercial amusement facilities, outdoor shooting ranges, and off-road vehicle (ORV) and all-
terrain vehicle (ATV) parks and recreational uses shall be prohibited within the SRT overlay.
(c) Unnamed uses, if classified as an SRT by the administrator, consistent with the requirements of JCC
18.20.350(2), shall be treated as “Cd” (conditional discretionary) uses within the SRT overlay.
(d) All allowed uses within the SRT overlay shall be exempt from the general minimum lot size requirements
of JCC 18.20.350(3)(b), provided they are located on legal lots of record. However, other use-specific
minimum lot size requirements of JCC 18.20.350 shall apply unless otherwise exempted by this section.
(e) The use-specific minimum lot size requirements of JCC 18.20.350 for equestrian centers, conference
center/retreat facilities, and for rural recreational lodging shall not apply to such uses when located within the
SRT overlay.
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(f) All allowed uses within the SRT overlay shall have a site plan approved by the administrator consistent with
the requirements of the UDC generally and JCC 18.20.350(3)(j) specifically.
(g) Setbacks and other development standards shall be consistent with those required in the underlying rural
residential district, except as may be modified by JCC 18.20.350 or by the provisions of this section.
(h) Expansion of existing SRT uses and facilities within the SRT overlay shall be exempt from the
requirements of JCC 18.20.350(4)(a) (which requires a conditional use permit), but shall be subject to a Type II
permit process.
(i) Rural recreational lodging or cabins for overnight rental and conference center/retreat facilities, when
located within the SRT overlay, shall be exempt from the requirements of JCC 18.20.350(9)(f) (which requires
a conditional use permit), but shall be subject to a Type II permit process.
(j) The maximum size provisions for rural recreational lodging or cabins for overnight rental, and conference
center/retreat facilities, specified in JCC 18.20.350(9)(b), shall be amended as follows when such uses are
located within the SRT overlay:
(i) Fifteen built cabins or bedrooms for overnight lodging comprising up to 7,500 square feet of gross floor
area are allowed for up to every 10 acres of parcel area devoted to SRT use, or as allowed in JCC
18.20.350(9)(b), whichever is greater. A maximum of 30 rooms or cabins comprising no more than 12,000
square feet of total building area over the entire site, excluding a caretaker’s or manager’s residence, shall
apply to rural recreational lodging uses in areas greater than 10 acres when located in the SRT overlay.
(ii) In projects involving both conference center/retreat facilities and lodging facilities, total building
coverage shall not exceed the maximum impervious surface coverage allowed by Table 6-1 in JCC
18.30.050 for the underlying rural residential district and other requirements of this title, as applicable.
(iii) The administrator may also modify the maximum building size of the SRT use(s) allowed under this
section based on the authority granted under JCC 18.20.350(3)(j).
(k) Rural restaurants, when located within the SRT overlay, shall be exempt from the provisions of JCC
18.20.350(10)(a) (which requires co-location with another primary SRT use).
(l) All SRT uses allowed within the SRT overlay shall be subject to all performance standards required
pursuant to JCC 18.20.140, Commercial uses – Standards for site development, and the development standards
contained in Chapter 18.30 JCC.
(m) The public notice requirements of the Type II permit process in Chapter 18.40 JCC shall be required to
ensure that adjacent and surrounding property owners receive adequate and timely public notice and comment
periods for proposed SRT uses within the SRT overlay district.
(n) During site plan review of proposed SRT uses within the SRT overlay, the administrator shall consider site
and building design standards including, but not necessarily limited to, building material types, building mass
and orientation, architectural treatment, and the use of existing vegetation and landscaping as means to ensure
compatibility with the surrounding rural character. [Ord. 8-06 § 1]
Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District
18.15.573 Small-scale business and cottage industry (SBCI) overlay district.
Repealed by Ord. 11-04. [Ord. 1-04 § 3 (Exh. C); Ord. 11-00 § 3.6.15]
Article VII. Subarea Plans
18.15.580 Brinnon Subarea Plan.
The Brinnon Subarea Plan is a chapter of the Jefferson County Comprehensive Plan that established policies and
regulations specific to the Brinnon Planning Area (Planning Area No. 11). Unless modified by the Brinnon Subarea
Plan, all other policies and regulations of the Comprehensive Plan and this Unified Development Code apply to
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project proposals in the Brinnon Planning Area. Brinnon Subarea Plan measures specific to the Brinnon Planning
Area are incorporated into this code in the following subsections:
(1) Article VI of this chapter, Overlay Districts.
(a) Article VI-L of this chapter, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area (provisions for home business and cottage industry).
(b) JCC 18.15.572, Small-scale recreation and tourist (SRT) overlay district (provisions for SRT uses in the
WaWa Point SRT overlay). [Ord. 8-06 § 1]
Article VIII. Major Industrial Development
18.15.600 Purpose and intent.
The purpose and intent of this article is to establish a process for reviewing and approving proposals to authorize
siting of specific major industrial developments outside urban growth areas pursuant to RCW 36.70A.365 and the
Jefferson County Comprehensive Plan. “Major industrial development” means a master planned location for a
specific manufacturing, industrial, or commercial business that:
(1) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or
(2) Is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource
land upon which it is dependent.
The major industrial development shall not be for the purpose of retail commercial development or multitenant
office parks. [Ord. 8-06 § 1]
18.15.605 Application requirements and approval process.
Major industrial development applications shall be processed as Type III conditional use permits under this code,
requiring an open record hearing before the hearing examiner. Additionally, a development agreement between the
county and the applicant (and other parties, as necessary) is a mandatory element of a major industrial development
application and shall be processed per Article XI of Chapter 18.40 JCC (Development Agreements). The open
record public hearing before the hearing examiner shall, in an effort to consolidate the application review process,
serve as the public hearing required before approval of a Type III permit and before adoption of a development
agreement via ordinance or resolution. The development agreement shall not be adopted by the board of county
commissioners until the hearing examiner approves the conditional use permit application. RCW 36.70A.365(3)
states that final approval of a major industrial development shall be considered an adopted amendment to the
Comprehensive Plan designating the major industrial development site on the Land Use Map as an urban growth
area. If an application for a major industrial development in Jefferson County is approved as a conditional use by the
hearing examiner, the conditional use approval in combination with the required board of county commissioners’
adoption of the development agreement via ordinance or resolution shall be considered “final approval,” the result of
which shall amend the Comprehensive Plan Land Use Map. Final approval of an application for a major industrial
development and the corresponding amendment to the Land Use Map shall not be considered an amendment to the
Comprehensive Plan for the purposes of RCW 36.70A.130(2) and may be considered at any time. JCC 18.45.040,
the standard process for amending the Comprehensive Plan, does not apply. [Ord. 8-06 § 1]
18.15.610 Approval criteria.
A major industrial development may be approved outside an urban growth area in Jefferson County under this
section if the following criteria are met, in addition to other applicable regulations of this code not specifically
referenced herein:
(1) The proposal must require for operation 40 or more acres, including acreage for required buffers;
(2) The proposal satisfies all the conditional use approval criteria listed in JCC 18.40.530;
(a) When reviewing the project’s “merit and value for the community as a whole,” per JCC 18.40.530(1)(j),
consideration shall be given to the number of jobs created. The number of jobs per net acre of development, not
including the required buffers, shall be typical for the type of industry proposed;
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(b) When analyzing the potential “negative effects” and “cumulative effects of similar actions in the area,” per
JCC 18.40.530(1)(l), consideration shall be given to the number and relative locations of major industrial
developments permitted in Jefferson County and their subsequent or anticipated impacts;
(3) A development agreement is included in the application pursuant to Article XI of Chapter 18.40 JCC
(Development Agreements);
(4) New infrastructure is provided for and/or applicable impact fees are paid;
(5) Transit-oriented site planning and traffic demand management programs are approved and implemented and the
general development standards related to traffic as contained in JCC 18.30.020(5) are met;
(6) Buffers are provided between the major industrial development and adjacent nonurban areas and managed
according to an approved landscape plan, per JCC 18.30.130, Landscaping/screening, except that buffers for major
industrial developments shall be 50 feet of Screen-B landscaping for road frontages and 100 feet of Screen-A
landscaping for interior lot lines along any portion adjacent to a nonurban area, including rural residential districts
and designated resource lands, except as may be varied by the administrator under JCC 18.30.130(2)(b);
(7) Bulk and dimensional standards for major industrial development urban growth areas are satisfied pursuant to
Table 6-1 in JCC 18.30.050;
(8) Environmental protection including noise, air and water quality has been addressed and provided for, per
requirements of this code (Article VI-D of Chapter 18.15 JCC (Environmentally Sensitive Areas District
(ESA)Chapter 18.22, Critical Areas) and other applicable sectionschapters) and other mitigative measures as
appropriate through review under the State Environmental Policy Act per Chapter 43.21C RCW and Article X of
Chapter 18.40 JCC, (State Environmental Policy Act (SEPA) Implementation);
(9) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral
resource lands via interior lot lines buffers per subsection (3) of this section and other case- or site-specific measures
as determined through State Environmental Policy Act review;
(10) The plan for the major industrial development is consistent with the provisions to protect environmentally
sensitivecritical areas as presented in Article VI-D of Chapter 18.1522 JCC (Environmentally Sensitive Areas
District (ESA));
(11) Appropriate and suitable measures are established for the environmental remediation and/or restoration of the
site in the case of future abandonment of the industrial or commercial operation, as determined through
environmental review of the application and commensurate with the impacts of the specific use permitted;
(12) If phasing of development (per JCC 18.15.625(1)) is contemplated by the applicant, the overall project plan,
including general timelines for construction but illustrating building footprints and projected uses in lieu of design
details to be submitted with future building permit applications, must be presented in the original application such
that the overall plan is established through the conditional use permit and a development agreement; and
(13) For major industrial development applications made pursuant to JCC 18.15.600(1), the county has determined,
and entered findings that land suitable to site the major industrial development is unavailable within the urban
growth area according to the current inventory of developable land within urban growth areas. Priority shall be
given to applications for sites that are adjacent to or in close proximity to the urban growth area. For applications
under JCC 18.15.600(1) or (2), the county must also find that the proposal is appropriately defined as a major
industrial development and should not be more appropriately categorized as some other type of land use application.
The approving authority may use discretion in considering specific major industrial developments proposed for
specific land use districts based on the nature of the proposed use and activity. [Ord. 8-06 § 1]
18.15.615 Conditional use requirements.
Major industrial developments shall comply with Article VIII of Chapter 18.40 JCC (Conditional Uses), including
provisions on the use of the property before the final decision (JCC 18.40.550), the effective period of the permit
and the expiration (JCC 18.40.560), modification to the permit (JCC 18.40.570), the validity of the permit when
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there is change in ownership of the land (JCC 18.40.580), permit suspension or revocation (JCC 18.40.590), and the
requirement of an assurance device and/or additional conditions at county discretion (JCC 18.40.540 and 18.40.600).
[Ord. 8-06 § 1]
18.15.620 Final approval.
Pursuant to RCW 36.70A.365(3), final approval of an application for a major industrial development shall be
considered an adopted amendment to the Comprehensive Plan designating the major industrial development site on
the Land Use Map as an urban growth area. The urban growth area associated with a major industrial development
shall be a limited urban growth area intended for the specific major industrial development and not to absorb future
population and other goals of mixed-use urban growth areas. A decision of approval by the hearing examiner
regarding the conditional use permit, in combination with the board of county commissioners’ adoption via
ordinance of the associated development agreement, shall be considered “final approval.” Final approval of an
application for a major industrial development shall not be considered an amendment to the Comprehensive Plan for
the purposes of RCW 36.70A.130(2) and may be considered at any time. [Ord. 8-06 § 1]
18.15.625 Phasing of development, expansion, future use of land, abandonment of site, and reverting to
previous land use district.
(1) The county recognizes that economic and other considerations may necessitate that business plans for a major
industrial development be characterized by phasing of development (i.e., a portion of the overall site plan is
constructed first, followed at a later date by the next portion or rest of the site plan, depending on economic and
other factors). The major industrial development urban growth area established in the original application process
would delineate the overall site plan. For phasing of development to be approvable, the overall project plan,
including general timelines for construction but illustrating building footprints and projected uses in lieu of design
details to be submitted with future building permit applications, must be presented in the original application. Per
JCC 18.40.560, the proponent must file for the building permits or other necessary permits associated with the first
phase of the development within three years of the effective date of the conditional use permit, unless the permit
approval provides for a greater period of time.
(2) Expansion of the major industrial development beyond the boundaries of the original site plan and established
urban growth area would require the full permit approval process described in this section of the code.
(3) Future use of the land is determined and bound by the original application and development agreement. Per JCC
18.40.580, no other use is allowed without approval of an additional conditional use permit. A future application for
a major industrial development that utilizes the same land area within the previously established urban growth area
is approvable if the required code and statutory criteria are met. Final legislative approval following conditional use
approval would be unnecessary in this case, as the urban growth area is already established on the Comprehensive
Plan Land Use Map. If the dimensions of the urban growth area must be modified, that process would be undertaken
pursuant to JCC 18.45.040.
(4) The owners of land zoned and used for major industrial development and/or the conditional use permittee and/or
other entity as appropriate for particular circumstances shall be responsible for appropriate and suitable
environmental remediation and/or restoration of the site in the case of abandonment of the industrial or commercial
operation. The responsible part shall be identified in the development agreement and/or conditional use permit. The
responsibility for appropriate and suitable environmental remediation and/or restoration will be determined through
environmental review of the application and commensurate with the impacts of the specific use permitted. An
environmental remediation and/or restoration plan shall be established in the development agreement and
conditional use permit approval.
(5) Under certain circumstances, it may be deemed appropriate by the county that the major industrial development
urban growth area, or a portion thereof, revert to the previous land use district, or in rare cases change to another
land use district. A change to the Comprehensive Plan Land Use Map shall be considered as a Comprehensive Plan
amendment application during the annual amendment cycle as governed in Chapter 18.45 JCC. [Ord. 8-06 § 1]
18.15.630 Urban growth in adjacent nonurban areas.
Chapter 36.70A RCW requires that development regulations are established to ensure that urban growth will not
occur in nonurban areas adjacent to major industrial developments. Jefferson County rural land use districts are
characterized by rural densities (i.e., one dwelling unit per five or more acres for rural residential and less dense for
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resource lands). In order to ensure that these controls remain effective, it should be noted that proximity to a major
industrial development urban growth area or development or extension of infrastructure shall not provide a basis for
a Comprehensive Plan amendment to change the land use district for property adjacent to a major industrial
development to a land use district with greater development density or more intensive uses. [Ord. 8-06 § 1]
18.15.635 Re-authorization of article after initial period of implementation.
In order to ensure that the standards contained in this article, as applied to applications for major industrial
developments, result in acceptable and desirable impacts to the physical and cultural landscape of Jefferson County,
the county commissioners shall, upon the occurrence of five approved major industrial developments or the passage
of five years from the date this section was adopted, whichever occurs first, hold a public hearing and take action to
re-authorize, modify, suspend or delete this article. Any amendments for the UDC proposed by the county
commissioners as a result of that public hearing shall be processed pursuant to Chapter 18.45 JCC. [Ord. 8-06 § 1]
1 Section 4 of Ord. 3-08 provides:
“Section 4: Agricultural Uses. Any existing agricultural uses occurring on lands designated as
“AG” in JCC §18.15.020(1), to the extent such a use is regulated or governed by any
provision of the existing CAO found at JCC 18.15, shall continue to be regulated and/or
governed by the existing JCC 18.15 in order to comply with SSB 5248 enacted by the State
Legislature, signed by the Governor and now found at Section 2 of Chapter 353 of the 2007
Session Laws. To comply with SSB 5248 between May 1, 2007 and July 1, 2010 local
governments planning under GMA “may not amend or adopt CA Ordinances under RCW
36.70A.060(2) as they apply to agricultural activities.” Since this new Critical Areas
Ordinance is being enacted during the time frame covered by SSB 5248, that law applies in
the manner described above.”