HomeMy WebLinkAbout14 1210 18 Exhibit BExhibit B
Project File: MLA14-00087
2018 Amendments to Jefferson County
Code Title 18, Unified Development Code
Jefferson County Code
Chapter 18.05 INTRODUCTORY PROVISIONS
Chapter 18.05
INTRODUCTORY PROVISIONS
Sections:
18.05.010 Title.
18.05.020 Authority, purpose, and scope.
18.05.030 Code administration — Purpose.
18.05.040 Department of community development — Duties and responsibilities.
18.05.050 Planning commission — Duties and responsibilities.
18.05.060 Department of public works — Duties and responsibilities.
18.05.070 Department of environmental health — Duties and responsibilities.
18.05.080 Hearing examiner.
18.05.085 Hearing examiner rules of procedure.
18.05.090 Establishment of land use districts.
18.05.100 Official maps.
18.05.110 Land use district boundaries.
18.05.120 Envirenmenially sen440,zeCritical area maps.
18.05.130 Applicability.
18.05.140 Water and sewer.
18.05.150 Applicability of Shoreline Master Program.
18.05.160 Applicability of permit requirements.
18.05.170 Nonconforming uses or structures.
18.05.180 Building code.
18.05.190 Subarea plans.
18.05.200 Minimum standards.
18.05.210 Title and headings not law.
18.05.220 Severability clause.
18.05.230 Waiver.
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18.05.010 Title.
This document is the Jefferson County Unified Development Code and may be cited as the "UDC" or the "code."
[Ord. 8-06 § 11
18.05.020 Authority, purpose, and scope.
(1) Authority and Comprehensive Plan Consistency. This code is a principal tool for implementing the goals and
policies of the Jefferson County Comprehensive Plan, pursuant to the mandated provisions of the State of
Washington's Growth Management Act (Chapter 36.70A RCW (Revised Code of Washington)), Shoreline
Management Act (Chapter 90.58 RCW), Subdivisions Code (Chapter 58.17 RCW), State Environmental Policy Act
(Chapter 43.21C RCW), and other applicable state and local laws.
The land division provisions of this code (Chapter 18.35 JCC) are intended to supplement and implement Chapter
58.17 RCW as the land division ordinance of the county. If the provisions of this code conflict with any provision of
Chapter 58.17 RCW, the RCW shall prevail.
No land shall be subdivided or developed for any purpose which is not in conformance with the Comprehensive
Plan or applicable provisions of this code.
This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory
system.
(2) Purpose. The general purposes of this Unified Development Code are:
(a) To encourage land use decision-making in accordance with the public interest, protection of private
property rights and the public good, and applicable laws of the state of Washington;
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Chapter 18.05 INTRODUCTORY PROVISIONS
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(b) To protect the general public health, safety, and welfare and encourage orderly economic development;
(c) To implement the Jefferson County Comprehensive Plan goals and policies through land use and other
regulations;
(d) To provide for the economic, social, and aesthetic advantages of orderly development through harmonious
groupings of compatible and complementary land uses and the application of appropriate development
standards;
(e) To provide for adequate public facilities and services in conjunction with development; and
(f) To promote general public safety by regulating development of lands containing physical hazards and to
minimize the adverse environmental impacts of development.
(3) Scope. Hereafter, no building, structure, or land use activity shall be engaged, erected, demolished, remodeled,
reconstructed, altered, enlarged, or relocated, and no building, structure or premises shall be used in Jefferson
County except in compliance with the provisions of this code and then only after securing all required permits and
licenses. Any building, structure, or use lawfully existing at the time of passage of the ordinance codified in this
code, although not in compliance therewith, may be maintained as provided in JCC 18.20.260, Nonconforming uses
and structures. [Ord. 8-06 § 11
18.05.030 Code administration — Purpose.
The purpose of JCC 18.05.030 through 18.05.080 is to provide an administrative land use regulatory system that will
best satisfy the following basic needs:
(1) To separate the county's land use regulatory function from its land use planning function;
(2) To ensure and expand the principles of fairness and due process in public hearings; and
(3) To provide an efficient and effective land use regulatory system which integrates the public hearing and
decision-making processes for land use matters. [Ord. 8-06 § 1]
18.05.040 Department of community development — Duties and responsibilities.
The duties and responsibilities of the director shall be as follows:
(1) Assist the board of commissioners in their consideration of alternative future directions and implementation of
policies for future development of the county;
(2) Conduct research and prepare reports to the board of commissioners, planning commission and citizens
concerning the priority projects and issues identified by the board of commissioners;
(3) Assist development proponents to achieve project goals in conformance with applicable land use regulations and
in support of the Jefferson County Comprehensive Plan and any other applicable land use goals and policies;
(4) Coordinate project, program, contractual and planning activities with other public agencies;
(5) Supervise enforcement of building, land use, and related environmental protection codes;
(6) Administer county land use and environmental protection regulations, the Shoreline Master Program and the
National Flood Hazard Insurance Program;
(7) Serve as the county building official;
(8) Prepare budget recommendations and monitor expenditures;
(9) Hire, train, supervise and assist the building inspector and other staff members assigned to planning and building
responsibilities;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.05 INTRODUCTORY PROVISIONS
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(10) Assist in preparation of ordinances, resolutions, contracts, agreements, covenants and other legal documents
related to community development and administration and enforcement of county land use and environmental
protection ordinances;
(11) Seek grants and donations in support of the priority planning projects selected by the board of commissioners;
(12) Prepare job descriptions, performance appraisals, labor agreement addenda, administrative procedures, etc., in
exercise of management and supervisory responsibilities;
(13) Represent the county under the direction of the board of commissioners; and
(14) Such other duties as may be assigned by the board of commissioners. [Ord. 8-06 § 11
18.05.050 Planning commission — Duties and responsibilities.
The duties and responsibilities of the planning commission shall be as follows:
(1) The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents
to determine if the county's plans, goals, policies, land use ordinances and regulations are promoting orderly and
coordinated development within the county. The commission shall make recommendations concerning this to the
board of commissioners.
(2) The planning commission shall review land use ordinances and regulations of the county and make
recommendations regarding them to the board of commissioners.
(3) The planning commission shall recommend priorities for and review studies of geographic subareas in the
county.
(4) All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to
land use or the Jefferson County Comprehensive Plan, with the planning commission.
(5) The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems
necessary.
(6) The planning commission shall have such other duties and powers as heretofore have been or hereafter may be
conferred upon the commission by county ordinances or as directed by resolution of the board of commissioners, the
performance of such duties and exercise of such authority to be subject to the limitations expressed in such
enactments. [Ord. 8-06 § I]
18.05.060 Department of public works — Duties and responsibilities.
The duties and responsibilities of the department of public works in the administration of this UDC shall be as
follows:
(1) The Jefferson County department of public works shall review development proposals subject to this UDC
regarding adequacy of area circulation, access, roads, drainage systems, signs, and other areas of its jurisdiction and
forward its comments and recommendations to the department of community development. [Ord. 8-06 § 1]
18.05.070 Department of environmental health — Duties and responsibilities.
The Jefferson County department of environmental health shall review development proposals subject to this UDC
regarding the adequacy of sewage disposal and water supply systems, or other areas of its jurisdiction, and forward
comments and recommendations to the department of community development. [Ord. 8-06 § I]
18.05.080 Hearing examiner.
(1) Office Created.
(a) Pursuant to RCW 35.63.130 and 36.70.970, the separate office of the Jefferson County hearing examiner
(hearing examiner) is created and established.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.05 INTRODUCTORY PROVISIONS
(b) The hearing examiner shall exercise the authority designated in Chapter 18.40 JCC for the land use matters
set forth in this section.
(c) Hearings held by the hearing examiner shall constitute the hearings required by state law for such land use
matters.
(d) Unless the context requires otherwise, the term "hearing examiner" used in this code shall include hearing
examiners pro tempore.
(2) Appointment — Qualifications — Terms.
(a) The Jefferson County board of commissioners shall appoint the hearing examiner solely with regard to
qualifications for the duties of such office and the persons so appointed shall have such training or experience
as will qualify them to conduct administrative or quasi-judicial hearings on land use regulatory matters.
(b) The terms of appointment for the hearing examiner shall be pursuant to their respective contracts executed
with the board of commissioners.
(c) The office of the hearing examiner shall be under the administrative supervision of the hearing examiner.
The office shall be separate and distinct from any other county officer or department.
(d) The hearing examiner shall hold no other appointive or elective public office or position in county
government except as provided in JCC 18.05.030 through 18.05.080.
(3) Appointment of Hearing Examiners Pro Tempore. The board of commissioners may appoint one or more hearing
examiners pro tempore to act in the absence of the regular hearing examiner. Such appointment shall be from
qualified applicants to be recommended by the hearing examiner as applicable. Hearing examiners pro tempore,
when acting in such capacity, shall have all powers and duties of the hearing examiner as prescribed in this code or
elsewhere.
(4) Hearing Examiner — Conflict of Interest and Freedom from Improper Influence.
(a) The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing
examiner has a direct or substantial financial interest.
(b) No member of the board of commissioners, county official or any other person shall attempt to influence or
in any way interfere with the examiner in the performance of their designated duties.
(5) Hearing Examiner — Powers.
(a) Hearing Examiner. As more specifically set forth in Chapter 18.40 JCC, the hearing examiner shall have the
authority to conduct open record predecision and open record appeal hearings and prepare a record thereof, and
enter written findings and conclusions, and decisions for the following land use matters:
(i) Applications for reasonable economic use variances;
(ii) Applications for planned rural residential developments (PRRDs);
(iii) Applications for shoreline substantial development permits, and conditional and variance permits
under the Jefferson County Shoreline Master Program;
(iv) Applications for plat alterations and vacations;
(v) Applications for long subdivisions;
(vi) Applications for conditional use permits;
(vii) Applications for variances;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.05 INTRODUCTORY PROVISIONS
(viii) Application for wireless telecommunications facilities;
(ix) Appeals of administrative decisions releasing six-year Forest Practices Act (FPA) moratoria;
(x) Appeals of administrative decisions regarding cottage industries;
(xi) Appeals of administrative short subdivision decisions;
(xii) Appeals of administrative binding site plan decisions;
(xiii) Appeals of administrative conditional use permit decisions;
(xiv) Appeals of administrative variance decisions;
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(xv) Appeals of administrative decisions regarding substantial development permits under the Jefferson
County Shoreline Master Program;
(xvi) Appeals of administrative decisions regarding permits for wireless telecommunications facilities;
(xvii) Appeals of formal Unified Development Code interpretations made by the administrator;
(xviii) Appeals of SEPA threshold determinations made by the responsible official; and
(xix) Any other matter designated by this code or other county ordinance.
(b) Criteria for Review. Conditions of Approval. As more specifically set forth in Chapter 18.40 JCC, the
decisions of the hearing examiner shall be based upon the policies of the Jefferson County Comprehensive
Plan, the Shorelines Management Act, the State Environmental Policy Act, the standards set forth in this code
and any other applicable land use plans or ordinances adopted by the board of commissioners. The hearing
examiner is empowered to attach reasonable conditions found necessary to make a project compatible with its
environment and to carry out the goals and policies of the Comprehensive Plan, the Shoreline Master Program,
or other applicable plan or program adopted by the board of commissioners. Such conditions may include but
are not limited to the following:
(i) Exact location and nature of development, including additional building and parking area setbacks,
screenings in the form of landscaped berms, landscaping, or fencing;
(ii) Impact of the development upon other lands;
(iii) Hours of use of operation or type and intensity of activities;
(iv) Sequence and scheduling of development;
(v) Maintenance of the development;
(vi) Duration of use and subsequent removal of structures;
(vii) Granting of easements for utilities or other purposes and dedication of land or other provisions for
public facilities, the need for which the hearing examiner finds would be generated in whole or in
significant part by the proposed development;
(viii) Mitigation of any adverse environmental impacts;
(ix) Provisions that would bring the proposal into compliance with a policy(ies) of the Comprehensive
Plan; and
(x) Mitigating conditions authorized by any other provision of this code or other provision of local, state
or federal law.
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Chapter 18.05 INTRODUCTORY PROVISIONS
(c) Procedural Rules. The hearing examiner shall have the power to prescribe rules and regulations concerning
procedures for hearings authorized herein, subject to confirmation by the board of commissioners, to issue
summons for and compel the appearance of witnesses, to administer oaths and to preserve order. The privilege
of cross-examination of witnesses in open record hearings shall be accorded all interested parties or their
counsel in accordance with rules of the hearing examiner.
(6) Standards of Review — Hearing Examiner.
(a) Matters in which the hearing examiner is empowered to make a final decision on a project permit
application (i.e., following an open record predecision hearing) or on an appeal of a formal Unified
Development Code interpretation made by the administrator (i.e., following an open record appeal hearing)
shall be subject to a de novo standard of review.
(b) Matters in which the hearing examiner is empowered to make a final decision on an appeal of a decision of
the administrator on a project permit application or on an appeal of a decision of the SEPA responsible official
(i.e., following an open record appeal hearing) shall be subject to a clearly erroneous standard of review. (Ord.
8-06 § 11
18.05.085 Hearing examiner rules of procedure.
(1) Conflicts Among Authorities. These rules may conflict with other sources or authorities of law. The order of
precedence applicable to such conflict situations shall be (from top to bottom) as follows:
(a) State or federal constitution;
(b) State or federal statutes;
(c) State or federal regulations;
(d) State or federal published case law;
(e) UDC or other applicable duly enacted Jefferson County ordinance;
(f) These rules.
Thus, for example, to the extent these rules conflict with the UDC, then the applicable UDC provision shall apply.
(2) Definitions. The following definitions apply for the purposes of this section:
(a) Aggrieved Person. A person or entity is deemed to be an "aggrieved person" only when all of the following
conditions are present:
(i) The decision being challenged has prejudiced or is likely to prejudice that person or entity;
(ii) The person or entity's asserted interests are among those that the county was required to consider when
it made the decision; and
(iii) A judgment or decision in favor of that person or entity would substantially eliminate or redress the
prejudice to that person or entity caused or likely to be caused by the challenged decision.
(b) "BOCC" means the board of county commissioners for Jefferson County, the county legislature for the
municipal corporation known as Jefferson County or any subsequently created or approved legislative body for
Jefferson County.
(c) "Comprehensive Plan" means the 1998 Jefferson County Comprehensive Plan and Land Use Map as now
adopted and as may be amended in the future.
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(d) "Ex parte communication" means any written or oral communication between an aggrieved person or a
government agency and a hearing examiner that was made outside of public hearing and was not included in
the public record.
(e) "Hearing examiner" means the hearing examiner.
(f) "Hearing" means an open record predecision hearing before a hearing examiner. By way of example only,
the term "hearing" includes appeals based upon the UDC, the State Environmental Policy Act (or "SEPA") and
road vacation requests directed to and handled by the county's department of public works.
(g) "Interested citizen" means any person or entity that has:
(i) Asked for a copy of a written hearing examiner decision by either requesting (in writing) such
documents from the Jefferson County department of community development or has signed a register
provided for such purpose at an open record predecision hearing; or
(ii) Made comments (written, oral or otherwise) during an open record predecision hearing.
(h) "Party" means an aggrieved person (as defined above) who has filed the fee required by Jefferson County
ordinance to initiate or generate the hearing process. The applicant and the Jefferson County agency that
provided one or more reports to the hearing examiner shall be considered parties to the hearing. Those persons
or entities meeting the definition of "interested citizen" above shall not be considered to be a "party" for the
purposes of this section unless they also meet the definition of "aggrieved person" listed above. For the
purposes of hearings relating to road vacations, the petitioner requesting the road vacation shall be considered a
"party" as that term is defined in this section.
(i) Timely Submissions. Written submissions to the hearing examiner shall be considered timely if the
submission is sent to the hearing examiner (via paper or electronically) seven days before the date of the
hearing. A submission is deemed to be sent when it is either sent electronically or possession of the submission
in paper form is transferred to the United States Postal Service or any private document carrier.
0) "UDC" means the Unified Development Code, a set of development regulations derived from the Growth
Management Act, the county's Comprehensive Plan that were made effective as of January 16, 2001, as they
are now adopted and as they may be amended, replaced or revised in the future.
(3) Standing. Only an "aggrieved person," as that term is defined in this section, shall have the authority (legally
known as "standing") to come before the hearing examiner and seek a remedy or resolution from the hearing
examiner. A determination by the hearing examiner that a person or entity holds or lacks standing can be appealed
pursuant to law.
(4) Powers of the Hearing Examiner. The hearing examiner shall have the following powers:
(a) To make all rulings, determinations or decisions he or she is permitted to make pursuant to the laws and
regulations of this country and this state and the ordinances of Jefferson County and to enter, if necessary, any
written or oral order that accomplishes or implements any act the hearing examiner is authorized to do. The
authority granted by this section includes, but is not limited to, the authority to approve, deny or remand an
application, proposal or decision before him or her or, in the alternative, combine one or more of the three
alternatives listed, e.g., approve in part, remand in part.
(b) To enter, if necessary, a written or oral order, finding and ruling that a particular person or entity is not an
"aggrieved party" as that term is defined in this section and thus does not have standing (in the legal sense) to
seek a resolution or remedy from the hearing examiner.
(c) To hold the power, while conducting any hearing, to administer oaths, preserve order, limit or not accept
repetitious testimony, and to issue summons for and compel the appearance of witnesses and production of
documents and/or materials.
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(d) To have sole discretion to rule on all procedural disputes that arise during a hearing, subject to subsequent
appeal if a party decides that decision of the hearing examiner was incorrect factually or legally.
(e) To inspect the site which is the subject of a matter before him or her prior to or subsequent to the hearing if
he or she deems it necessary to obtain a full understanding of the case. The failure of the hearing examiner to
view a site shall not nullify or injure the decision ultimately rendered by that hearing examiner.
(f) To review and consider in making his or her decision all "timely submissions," as that term is defined in this
section He or she shall have full discretion as to whether they will consider submissions that are not timely.
(g) To continue proceedings for any good cause he or she deems reasonable and appropriate provided they
enter a written or oral order doing so before making their final decision or recommendation.
(h) To continue, upon an oral statement of good cause being shown, the current hearing to a specific time, place
and date without further notice of that new date, time and place if he or she specifies on the record the time,
date and place for the continuation of the hearing.
(i) To reopen a hearing after a written decision is rendered but before the applicable appeal period expires if he
or she becomes aware that the decision rendered:
(i) Was based on fraudulent evidence, misrepresentation or other misconduct by a "party" (as that term is
defined in this section); or
(ii) Was based upon mistake, misconception of facts, or erroneous application of the law.
0) To set a date for the reopened hearing, but said date must be sufficiently in the future to provide not less than
10 days' written notice of the time, date and place for the reopened hearing in the official newspaper for
Jefferson County and 10 days' written notice of the time, date and place for the reopened hearing to all
"parties" and "interested citizens" as those terms are defined within this section.
(k) To set a time and date when the public comment period for a particular matter before the hearing examiner
closes or ceases.
(1) To dismiss the application or appeal for default if the applicant or appealing party (or their designated
representative) fails to appear at the regularly scheduled hearing or the reopened hearing, subject to the
applicant or appealing party (or their designated representative) filing a request within seven business days to
vacate the default for good cause shown.
(m) To impose upon an applicant or appellant (or their designated representative) who is subject to a default but
subsequently has that default vacated, the costs associated with providing written notice for the rescheduled
hearing date and any costs associated with the initial hearing date that the applicant or appealing party missed
or did not appear at.
(5) Disqualification or Recusal of Hearing Examiner. Any person acting as a hearing examiner for Jefferson County
is subject to disqualification for bias, prejudice, conflict of interest or any other cause for which a judge can be
disqualified under the Code of Judicial Conduct.
Any "party" or "interested citizen" (as those terms are defined in this section) may request the hearing examiner to
disqualify himself or herself as soon as reasonably possible upon discovering potential grounds for disqualification.
The hearing examiner shall determine whether to grant the request, stating facts and reasons for their decision. If the
hearing examiner is requested to recuse himself or herself but does not, the making of the request by a "party" or
"interested citizen" shall not be considered by the hearing examiner when they make their substantive decision.
If the hearing examiner believes that his or her relationship to the "parties" (as that term is defined in this section) or
his or her financial interest in the subject of the hearing creates the appearance that the proceedings will not be fair,
then the examiner must either (a) voluntarily step down from the case; or (b) disclose the relationship or interest on
the record and state that he or she has a bona fide conviction that the interest or relationship will not interfere with
the rendering of an impartial decision.
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A hearing examiner's voluntary decision to recuse himself or herself shall be made as soon as the need for recusal
becomes apparent or known to the hearing examiner.
Recusal or disqualification of a hearing examiner shall not be necessary or mandated simply because the hearing
examiner has considered the same or similar proposal in another hearing, has made a ruling adverse to the interest of
a "party" (as that term is defined in this section) in the present or another hearing, or has considered and ruled upon
the same or similar issue in the same or similar context.
(6) Evidence.
(a) Admissibility. The hearing generally will not be conducted according to technical rules relating to evidence
and procedure. Any relevant evidence shall be admitted if it is the type which would tend to prove or disprove a
material or relevant fact or assertion and would be commonly accepted by reasonably prudent persons in the
conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. Relevant
material and reliable evidence shall be admitted. Irrelevant, immaterial, unreliable and repetitious evidence may
be excluded at the sole discretion of the hearing examiner, who shall, during the hearing, have full discretion to
make evidentiary rulings.
(b) Copies. Documentary evidence may be received in the form of copies or excerpts, if the original is not
readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(c) Official Notice. The hearing examiner may take official notice of judicially cognizable facts and in addition
may take notice of general, technical or scientific facts within his or her specialized knowledge. When a
recommendation or decision of the hearing examiner rests, in whole or in part, upon the taking of official notice
of a material fact not appearing in the evidence of the record, opportunity to disprove such facts so noted shall
be granted any affected person making timely notice thereof.
(d) Evidence Received Subsequent to the Hearing. If additional evidence is submitted after the public hearing
or after the date when public comment will no longer be accepted, such additional evidence will only be
considered upon a showing that the evidence has significant relevance and there is good cause for the delay in
its submission. All "parties" (as that term is defined herein) will be given notice of the consideration of such
evidence and, at the discretion of the hearing examiner, granted an opportunity to review such evidence and file
rebuttal arguments regarding that additional evidence.
(7) Recording the Hearing. Hearings shall be electronically or digitally recorded and such recordings shall be part of
the official case record. Copies of the electronic recordings of a particular proceeding shall be made available to the
public upon request and the reasonable cost of such copying shall be paid by the person or party requesting the
recording.
(8) Obtaining Copies. Copies of any or all documents submitted during a hearing can be obtained by any person or
party willing to pay for such copies.
(9) Testimony. All testimony before the hearing examiner shall be taken under oath.
(10) Rights of Parties. Every party (as that term is defined in this section) shall have the right of proper notice, cross-
examination (rebuttal), presentation of evidence, objection and all other rights essential to a fair hearing. Cross-
examination shall be permitted to the extent it is necessary for a full disclosure of the facts.
(11) Ex Parte Communications Prohibited (and Remedy). No person or entity that is either a "party" or "interested
citizen," as those terms are defined in this section, with respect to a particular petition or application which has been
designated for an hearing before the hearing examiner shall communicate ex parte (outside of the record), directly or
indirectly, with the hearing examiner concerning the merits of that or a factually related petition or application. This
rule shall not prohibit ex parte communications that purely concern procedural matters (e.g., what are the deadlines
for a timely submission, where can I get a copy of the hearing examiner rules, what is the address for the county?).
No hearing examiner shall communicate ex parte, directly or indirectly, with any person or entity that is either a
"party" or "interested citizen," as those terms are defined in this section, with respect to a particular petition or
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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application which has been designated for a hearing before the hearing examiner concerning the merits of that or a
factually related petition or application. Communications about purely procedural matters do not fall within this
prohibition.
If a substantial prohibited ex parte communication is made to or by the hearing examiner, then such communication
shall be publicly disclosed and the hearing examiner shall, within his or her discretion, abstain from participating in
any consideration of the matter that was discussed ex parte. [Ord. 8-06 § 1]
18.05.090 Establishment of land use districts.
This Unified Development Code applies to the land use designations and map symbols in Table 1-1, below, that are
established by the Jefferson County Comprehensive Plan Official Maps.
Table 1-1. Comprehensive Plan Land Use District Designations
Abbreviation
Land Use District
Zoning District
(See Chapter 18.18 JCC)
Urban Growth Areas
UR
Urban Residential
Urban Low Density Residential (UPLLDR)
Urban Moderate Density Residential (UMDR)
Urban High Density Residential (UHDR)
UC
Urban Commercial
Urban Commercial (UC)
Visitor -Oriented Commercial (VOC)
ULI
Urban Industrial
Urban Light Industrial (ULI)
UP
Urban Public
Urban Public (UP)
Rural Lands
Rural Commercial
RVC
Rural Village Center
CC
Convenience Crossroad
NVC
Neighborhood/Visitor Crossroad
GC
General Crossroad
Rural Industrial
RBI
Resource Based Industrial
LI/C
light Industrial/Commercial
LI
Light Industrial
HI
Heavy Industrial
Rural Residential
RR 1:5
Rural Residential 1:5
RR 1:10
Rural Residential 1:10
RR 1:20
Rural Residential 1:20
Resource Lands
Agricultural Resource Lands
AP -20
Prime Agricultural Land
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Abbreviation
Land Use District
Zoning District
(See Chapter 18.18 JCC)
AL -20
Agricultural Land of Local Importance
Forest Resource Lands
CF -80
Commercial Forest
RF -40
Rural Forest
IF
Inholding Forest
Master Planned Resorts
MPR
Port Ludlow Master Planned Resort
Public
PPR
Parks, Preserves and Recreation
CWMEPF
County Waste Management Essential Public
Facility
AEPF
Airport Essential Public Facility
P
Public
Public (P)
Overlay Designations
MRL
Mineral Resource Lands
WEPA RR
West End Planning Area — Remote Rural
BRPA RR
Brinnon Planning Area — Remote Rural
AO
Airport Overlays
• Airport Overlay I
• Airport Overlay II
• Airport Overlay III
SRT
Small -Scale Recreation and Tourist
Areas subject to subarea plans fall under the guidelines of those particular regulations (see Article VII of Chapter
18.15 JCC). The boundaries of the various land use districts and subarea plans are shown on the Jefferson County
Comprehensive Plan Official Maps (see JCC 18.05.100). [Ord. 8-06 § 1]
18.05.100 Official maps.
There is hereby made a part of this Unified Development Code a series of maps that shall be known officially as the
"Jefferson County Comprehensive Plan Official Maps" (hereafter, "the official maps"). The official maps shall show
all those areas of Jefferson County that fall under the jurisdiction of this code and the designated land use classes,
land use districts and zoning districts for all areas of Jefferson County.
There shall be only one official copy of the official maps, which shall reside in the custody of the Jefferson County
department of community development. Whenever any portion of the official maps is legally amended, the official
copy shall be altered annually to reflect the amendment.
At the time of adoption of this Unified Development Code, one copy of the official maps shall be filed with the
Jefferson County auditor. In addition, at least once every 12 months following the filing of the initial official maps
with the auditor, the community development department shall make an additional copy of the official maps and file
it with the initial official maps in the auditor's office. If the official maps have not been amended during the 12 -
month period, the community development department may file with the auditor a notice to that effect, signed by the
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.05 INTRODUCTORY PROVISIONS
department director, in lieu of a copy of the official maps. The purpose of these annual filings is to maintain an
official record of the changes occurring over time to the land use classes and districts. At no time shall the copies of
the official maps filed with the auditor be altered in any way.
Where questions arise regarding the precise boundaries of any designated environment, the administrator shall make
the final determination, subject to the provisions of Article VI of Chapter 18.40 JCC, Unified Development Code
Interpretations. Unofficial copies of the official maps may be prepared for administrative purposes and for sale to
the public. [Ord. 8-06 § 1]
18.05.110 Land use district boundaries.
(1) Land use district boundaries, unless otherwise indicated by natural land forms, shall follow lot lines or the
centerline of streets and alleys as shown on the official maps. Where the street layout on the ground varies from that
shown on the official maps, the districts shown on the official maps shall be applied to the streets as actually laid out
so as to carry out the intent and purpose of this code.
(2) Land use district boundary lines shall extend parallel from their landward location to a point of intersection at the
center of all bodies of water. Bodies of water include all saltwater bodies, streams, and lakes. [Ord. 8-06 § 1]
18.05.120 Critical area maps.
r:nvir-entnentally nsiti eCritical area maps are provided only as a general guide to alert the viewer to the possible
location and extent of ritical areas. The maps should not be relied upon to establish the
existence or boundaries of a seRsitivetiritical area nor to establish whether all of the elements necessary to identify
an area as acritical area actually exist. However, the maps maybe relied upon by the
administrator as a basis for requiring field investigation and special reports. In the event of a conflict between
information shown on the maps and information shown as a result of field investigation, the latter shall prevail. At
the request of an applicant, the administrator w41-maiconduct a site visit before requiring field investigations or
special reports.
The definitions and classifications provided in this code are the controlling factors in determining the actual
presence and extent of an enviratiflientally sensitivecritical areas. [Ord. 8-06 § 1]
18.05.130 Applicability.
This code provides land use regulations that apply to all land and land use activity and to all structures and facilities
within Jefferson County. The provisions of this code shall prevail over any conflicting provision of the Jefferson
County Comprehensive Plan, except as provided in JCC 18.05.150. [Ord. 8-06 § 1]
18.05.140 Water and sewer.
All development shall comply with the Jefferson County water and sewage disposal regulations and requirements of
Chapter 18.30 JCC for water and sewer and Chapter 8.15 JCC, administered by the environmental health division of
the Jefferson County health department. [Ord. 8-06 § 1]
18.05.150 Applicability of Shoreline Master Program.
The provisions of this code augment those of the Shoreline Master Program. All developments within the
jurisdiction of the Shoreline Master Program must conform with its provisions. In the event of any conflict between
the Shoreline Master Program and other provisions of this code, the more restrictive shall prevail. [Ord. 8-06 § 1]
18.05.160 Applicability of permit requirements.
Any permit or other approval required by this code is in addition to any shoreline permit required by the Shoreline
Master Program. Proposed uses or development occurring wholly or partially within the jurisdiction of the Shoreline
Master Program are subject to the permit requirements of the SMP. [Ord. 8-06 § 1]
18.05.170 Nonconforming uses or structures.
(1) Existing nonconforming uses and structures that are not under the jurisdiction of the Shoreline Master Program
shall be subject to JCC 18.20.260, Nonconforming uses and structures, and Chapter 18.40 JCC or such provisions
for nonconforming uses in a subarea plan.
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Chapter 18.05 INTRODUCTORY PROVISIONS
(2) Existing nonconforming uses and structures under the jurisdiction of the Shoreline Master Program (SMP) shall
be subject to the requirements specified within the SMP. If the SMP or subarea plan does not detail requirements for
nonconforming uses and structures, then the provisions of WAC 173-27-080 shall control. [Ord. 8-06 § 1]
18.05.180 Building code.
Where conflicts occur between the provisions of this code and the International Building Code, the more restrictive
provision shall control. [Ord. 8-06 § 1]
18.05.190 Subarea plans.
Where conflicts occur between this code and any regulation of any subarea plan, the regulation of the subarea plan
shall control. [Ord. 8-06 § 1 ]
18.05.200 Minimum standards.
Where this code references the International Building Code, the intent is to require only the minimum standards for
new construction allowed under state law unless such standards conflict with other provisions of this code or
Chapter 15.05 JCC, Building Codes. [Ord. 8-06 § 1]
18.05.210 Title and headings not law.
The title, section and subsection headings as used in this Unified Development Code do not constitute regulation.
[Ord. 8-06 § 11
18.05.220 Severability clause.
If any provision of this code or its application to any person, legal entity, or circumstances is held to be invalid, the
remainder of this code and the application of the remaining provisions to other persons or circumstance shall not be
affected. [Ord. 8-06 § 1 ]
18.05.230 Waiver.
A waiver or failure to enforce any part of this code or any goal or policy in the Comprehensive Plan by Jefferson
County or any of its agents shall not constitute a waiver of any other part of the code or Comprehensive Plan, nor
shall such a waiver or failure to enforce constitute a future or continuing waiver of the specific part that was waived
or not enforced. [Ord. 8-06 § 1]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.05 INTRODUCTORY PROVISIONS
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Jefferson County Code
Chapter 18. t 0 DEFINITIONS
Chapter 18.10
DEFINITIONS
Sections:
18.10.001
Scope.
18.10.005
Interpretations.
18.10.010
A definitions.
18.10.020
B definitions.
18.10.030
C definitions.
18.10.040
D definitions.
18.10.050
E definitions.
18.10.060
F definitions.
18.10.070
G definitions.
18.10.080
H definitions.
18.10.090
I definitions.
18.10.100
J definitions.
18.10.110
K definitions.
18.10.120
L definitions.
18.10.130
M definitions.
18.10.140
N definitions.
18.10.150
O definitions.
18.10.160
P definitions.
18.10.170
Q definitions.
18.10.180
R definitions.
18.10.190
S definitions.
18.10.200
T definitions.
18.10.210
U definitions.
18.10.220
V definitions.
18.10.230
W definitions.
18.10.240
X definitions.
18.10.250
Y definitions.
18.10.260
7 definitions.
Page 1/37
18.10.001 Scope.
This chapter contains definitions of technical and procedural terms used throughout this code. [Ord. 8-06 § 1]
18.10.005 Interpretations.
(1) For the purpose of this code, all words shall have their normal and customary meanings, unless specifically
defined otherwise in this chapter. In general, words used in the present tense shall include the future; the singular
shall include the plural; and the plural the singular. The words "shall," "must," "will," "may not," and "no... may"
are always mandatory. The word "should" indicates that which is recommended but not required. The word "may"
indicates a use of discretion in making a decision. The word `used" includes "designed, intended, or arranged" to be
used. The masculine gender includes the feminine and vice versa. References to "distance" means distance as
measured horizontally unless otherwise specified.
(2) All definitions which reference the Revised Code of Washington (RCW), Washington Administrative Code
(WAC), and International Building Code (ICODE) are intended to mirror the definitions in these codes at the
effective date of the ordinance codified in the Unified Development Code (this code) or as amended. If the definition
in this code conflicts with a definition under state law or regulation, the state definition shall control over this
definition.
(3) These definitions are not intended to establish regulations. [Ord. 8-06 § 11
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Chapter 18.10 DEFINITIONS
18.10.010 A definitions.
"Abandon" means to terminate the use of a structure by an affirmative act, such as changing to a new use; or to
cease, terminate, or vacate a use or structure through nonaction. Except for ongoing agricultural activities, there
shall be a presumption that a use has been abandoned if it is not undertaken, utilized, implemented or performed for
a period of two years.
"Abutting" means adjoining with a common boundary line or any portion thereof.
"Accessory dwelling unit" means an additional dwelling unit either in or added to an existing single-family detached
dwelling, or in a separate accessory structure on the same lot as the main structure, for use as a complete,
independent living facility with provisions within the accessory dwelling unit for cooking, eating, sanitation and
sleeping. Such a dwelling shall be considered an accessory use to the main dwelling and be clearly subordinate to
the main dwelling.
"Accessory use" means use of land or of a building or portion thereof incidental and subordinate to the principal use
or building and located on the same lot with the principal use.
"Accessory uses (to agriculture)" mean uses accessory to agriculture that support, promote, or sustain agricultural
operations and production, as provided in JCC 18.20.030.
"Accumulative short subdivision" means multiple short subdivision of contiguous land under common ownership.
"Ownership," for purposes of Chapter 18.35 JCC, means ownership as established at the date of the initial short
subdivision approval. Ownership by persons related by blood or marriage where an interfamily land conveyance has
occurred within two years of making application for short subdivision approval shall be construed to be common
ownership.
"Acre" means a unit of measure of land area which consists of 43,560 square feet
"Adequate" means acceptable but not excessive.
"Adequate capacity (adequate capital or public facilities)" means capital facilities and services that have the capacity
available to serve development at the time of occupancy or use without decreasing levels of service (LOS) below the
standards set forth in the Comprehensive Plan. "Adequate capacity" also includes a financial commitment that is in
place to complete the improvements, or noncapital strategies, necessary to provide a specific level of service within
six years. (See also "Available capital facilities (available capacity)," "Concurrency," "Level of service (LOS).")
"Adjacent" means (in addition to abutting) that which is near or close; for example, an industrial district across the
road or highway from a commercial district shall be considered as "adjacent."
"Adjacent lands, shoreline" means lands adjacent to the shorelines of the state (outside of shoreline jurisdiction). See
RCW 90.58.340.
"Administrator" means the Jefferson County department of community development director or a designated
representative.
"Adverse" means contrary to one's interest or welfare; harmful or unfavorable circumstances.
"Adverse impacts" means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe,
or unhealthy conditions on a site proposed for development or on off-site property or facilities or on wildlife or
wildlife habitat.
"Affordable housing" means those housing units available for purchase or rent to individuals or families with a gross
income between the federally recognized poverty level and the median income for working families in Jefferson
County; and whose costs, including utilities, would not exceed 36-30 percent of gross income.
"Aggrieved party" means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
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Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 3/37
(b) The asserted interests are among those the county is required by county code, federal or state law or
regulation to consider in making a land use decision; and
(c) A decision on appeal in favor of the person would substantially eliminate or redress the prejudice alleged to
be caused by the land use decision.
"Agricultural activities" means land preparation for agricultural purposes, such as clearing, grading, contouring,
ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed pest and disease control, spraying, pruning,
trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation ditches and
systems; livestock management, such as breeding, birthing, feeding and care of animals, birds, honey bees, and fish;
the repair, maintenance and incidental construction of equipment, structures, or machinery used to perform
agricultural or husbandry operations; and the storage of agricultural products and machinery.
"Agricultural best management practices (BMPs)" mean schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of
wetlands and fish and wildlife habitat areas.
"Agricultural land of local importance" means land in addition to designated prime agricultural land that is of local
importance for the production of food, fiber, forage or oilseed crops. Generally, additional farmlands of local
importance include those that are nearly prime farmland and that economically produce high yields of crops when
treated or managed according to acceptable farming methods. Such farmlands may include areas of commercial
aquaculture.
"Agricultural product or commodity" means any plant or part of a plant, or animal, or animal product, produced by a
person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchadists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or
other use by people or animals.
"Agricultural resource lands (agricultural lands)" means lands that are primarily devoted to the commercial
production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals products or of berries,
grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW 84.33. 100 through
84.33.140, finfish in upland hatcheries, or livestock, and that have long-term commercial significance for
agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into two land use
designations, prime (AP -20) and local (AL -20), in the Comprehensive Plan.
"Agricultural warehouse (public warehouse)" means any elevator, mill, subterminal grain warehouse, terminal
warehouse, country warehouse, or other structure or enclosure that is used or usable for the storage of agricultural
products, and in which commodities are received from the public for storage, handling, conditioning, or shipment
for compensation. The term does not include any warehouse storing or handling fresh fruits and/or vegetables, any
warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an
agricultural commodity for compensation.
"Agriculture" means the science, art, and business of producing crops, or raising livestock; farming.
"Agriculture, existing and ongoing" means any agricultural activity conducted on an ongoing basis on lands enrolled
in the open space tax program for agriculture or designated as agricultural lands of long-term commercial
significance on the official map of Comprehensive Plan land use designations; provided, that agricultural activities
were conducted on those lands at any time during the five-year period preceding April 28, 2003. Agricultural use
ceases when the area on which it is conducted is converted to a nonagricultural use.
"Agriculture, new" means agricultural activities proposed or conducted after April 28, 2003, and that do not meet
the definition of "existing ongoing agriculture."
"Agritourism" means agriculturally related accessory uses designed to bring the public to the farm on a temporary or
continuous basis, such as U -Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm
animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider
pressing, wine or cheese tasting, etc.
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Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 4/37
"Airport" means an area of land or facility publicly owned and open to general public use for aircraft operations,
except any airfield or airstrip as defined herein. An airport may include related services and facilities.
"Airstrip" means a privately owned area of land, closed to the public, and restricted to use by the owner primarily
for noncommercial aircraft operations and, on an occasional basis, invited guests of the owner or for emergency
purposes.
"Allowable outright use" means land uses and activities which are exempt from the provisions of this Unified
Development Code.
"Allowed use ("Yes" use)" means uses allowed subject to the provisions of this code, including meeting applicable
performance and development standards; if a building, or other development permit (e.g., stormwater permit) is
required, the use is subject to the project review and approval process.
"Alteration, nonconforming structures" means any change or rearrangement in the supporting members of existing
buildings, such as bearing walls, columns, beams, girders, or interior partitions, as well as any changes in doors,
windows, means of egress or ingress or any enlargement to or diminution of a building or structure, horizontally or
vertically, or the moving of a building from one location to another. This definition excludes normal repair and
maintenance, such as painting or roof replacement, but includes more substantial changes.
"Alteration, nonconforming use" means the expansion, modification or intensification of a use that does not conform
to the land use regulations of the UDC.
"Animal feeding operation (AFO)" means agricultural enterprises where animals are kept and raised in confined
situations. AFOs congregate animals, feed, manure and urine, dead animals and production operations on a small
land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures,
fields, or on rangeland. The formal definition in federal regulations is "a lot or facility (other than an aquatic animal
production facility) where the following conditions are met: (1) animals (other than aquatic animals) have been, are
or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 -month period, and (2)
crops, vegetation, forage, growth, or post-harvest residues are not sustained in the normal growing season over any
portion of the lot or facility." (40 CFR 122.23(b)(1))
"Animal feeding operation, concentrated (CAFO)" means an AFO that is defined as a "large CAFO" or as a
"medium CAFO" according to federal regulations or that is designated as a CAFO by the permitting authority. Two
or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the
number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal
of wastes. (40 CFR 122.23(b)(2))
"Large CAFO" means an AFO that meets or exceeds one of the following thresholds: 700 mature dairy cows;
1,000 beef cattle or heifers; 2,500 swine (each 55 pounds or more); 10,000 swine (each under 55 pounds);
1,000 veal calves; 500 horses; 10,000 sheep or lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure
handling systems); 5,000 ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling
systems); 125,000 chickens, except laying hens (other than liquid manure handling systems); 82,000 laying
hens (other than liquid manure handling systems).
"Medium CAFO" means an AFO where either a manmade ditch or pipe carries manure or wastewater from the
operation to surface water or animals come into contact with surface water running through the area where they
are confined; and the operation meets or exceeds the following thresholds: 200 mature dairy cows; 300 beef
cattle or heifers; 750 swine (each 55 pounds or more); 3,000 swine (each under 55 pounds); 300 veal calves;
150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks (other than liquid manure handling systems);
1,500 ducks (liquid manure handling systems); 9,000 chickens (liquid manure handling systems); 37,500
chickens, except laying hens (other than liquid manure handling systems); 25,000 laying hens (other than liquid
manure handling systems).
"Animal commercial kennel or cattery" means a kennel where five or more adult dogs or cats are boarded, bred or
trained for compensation. Commercial kennels exceed the number of animals allowed by a hobby kennel, regardless
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 5/37
Chapter 18.10 DEFINITIONS
if compensation is received for services. Commercial kennels or catteries do not including a small animal hospital or
clinic, pet shop or shelter. (See also "Animal shelter" and "Animal hobby kennel.")
"Animal hobby kennel" means a noncommercial kennel at or adjoining a private residence where five or more adult
dogs, cats or combination thereof are kept for purposes other than breeding as a primary interest, such as for hunting
or organized field trials, obedience or confirmation competition. Hobby kennels exceeding 10 dogs, cats or
combination thereof shall be subject to the provisions of a commercial kennel.
"Animal shelter" means a facility which is used to house or contain stray, homeless, abandoned or unwanted
animals. Shelters are owned, operated or maintained by a public body, established humane society, animal welfare
society, society for the prevention or cruelty to animals or other nonprofit organization devoted to the welfare,
protection and humane treatment of animals. Shelters also include facilities for the rehabilitation of wildlife.
"Appeal" means a request by an applicant or citizen that a decision made pursuant to this UDC be reviewed for its
correctness and legality by another person, agency or court of law having jurisdiction to hear such an appeal.
Appeal, Open Record. (See "Open record hearing.")
"Applicant" means the owner or owners of record of the property subject to a project permit application under this
code, or authorized representative thereof.
"Application" means the forms, plans and accompanying documents required for any project permit approval under
this code.
"Approving authority" means either the administrator, as defined in this UDC, the Jefferson County hearing
examiner or the Jefferson County board of commissioners, depending on the type of permit process or decision
specified in the applicable portion of this UDC.
"Aquaculture" means the farming or culturing of aquatic organisms.
"Aquifer" means a body of permeable saturated rock material or soil capable of conducting groundwater.
"Aquifer recharge areas" means lands through which precipitation and surface water infiltrate the soil and are
transmitted through rocks and soil to create groundwater storage.
"Archaeological" means having to do with the scientific study of material remains of past human life and activities.
"Archaeological site" means an area of ancestral human use such as middens, burial grounds, and earthworks.
"Area" means the size of a parcel of land, as expressed in square feet or acres to two decimal places. When a public
road right-of-way lies within a tract of land otherwise in contiguous ownership, area within the right-of-way may be
included in gross area for the purpose of calculating maximum allowable density. When public road right-of-way
abuts a tract of land, area to the centerline may not be included in the gross area of the parcel for this purpose.
"Area, nominal" means the approximate area of a parcel of land, such as the aliquot part or the land area in the
assessor's records.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year, as indicated on the flood insurance rate maps (FIRMS).
"Assembly facility" means a facility designed and used for the gathering of people, or in which they may come
together in a body, such as a meeting hall, community club or center, church, etc. (See also "Community structure"
and "Religious assembly facility.")
"Assessor's parcel number" means a geocoding number assigned by the assessor's office for property tax
assessment purposes only.
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Chapter 18.10 DEFINITIONS
"Automobile service station and repair" means any building, land area, or other premises used for the retail
dispensing or sales of vehicular fuels and the servicing or repair of automobiles.
"Automobile wrecking and salvage yards" means an outdoor area used for the wrecking, storage, and
recycling/salvage of vehicles for scrap metal and/or parts. (See "Junk yard.")
"Available capital facilities (available capacity)" means capital facilities or services that are in place ("existing
capacity"), or for which a financial commitment is in place to provide the facilities or services within a specified
time ("planned capacity"). "Available capacity" consists of existing plus planned capacity. (See also "Adequate
capacity (adequate capital or public facilities)," "Concurrency," and "Level of service (LOS).")
"Average vehicular trips" means the average number of all vehicles entering or leaving a site during a defined
period. [Ord. 8-06 § 11
18.10.020 B definitions.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year; also
known as the "100 -year flood," as shown on the FIRM maps.
"Base flood elevation" means the elevation for which there is a one percent chance in any given year that flood
levels will equal or exceed it.
"Bed and breakfast inn" means a hospitality commercial use containing four to six lodging units without cooking
facilities, which provides overnight accommodation and meals in a proprietor -occupied or owner -occupied existing
single-family residence and additional legal structures or up to 10 lodging units in an existing historic structure.
"Bed and breakfast residence" means a hospitality commercial use containing one to three lodging units without
cooking facilities, which provides overnight accommodation and meals in an owner -occupied existing single-family
residence.
"Best available science" means with regard to designating and protecting eiiN4anmeiitally seflsitivecritical areas,
best available science refers to the utilization of the most current, widely accepted scientific data, research, studies
and/or reports in making land use and policy decisions. (See WAC 365-195-900.)
"Best management practices (BMP)" means systems of practices, schedules of activities, prohibitions, maintenance
procedures, and management measures that prevent or minimize adverse impacts to the environment.
Best Management Practices, Agricultural. (See "Agricultural best management practices (BMPs).
"Binding site plan" means a drawing to appropriate scale that:
(a) Identifies and shows the areas and locations of all roads, improvements, utilities, open space, and any other
matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of
the land as are established by Jefferson County; and
(c) Contains provisions requiring that any development be in conformity with the site plan.
"Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries.
"Board (BOCC)" means the board of county commissioners for Jefferson County. Also referenced as board of
commissioners or county commissioners.
"Boat building and repair, commercial" means a commercial establishment where boats are constructed, dismantled,
stored, serviced, or repaired, including maintenance work thereon.
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Chapter 18.10 DEFINITIONS
"Boundary line adjustment" means the relocation or other adjustment of the boundaries of a lot, tract or parcel, in
which the relocation neither results in the creation of any additional lot, tract or parcel nor results in creation of any
lot, tract or parcel which is more nonconforming or insufficient in area or dimension.
"Buffer zone, strip, or area" means an area designed to separate incompatible uses or activities.
Buildable Lot. (See "Lot, buildable.")
"Building envelope" means:
(a) A three-dimensional space in which a building or structure may be built;
(b) A plat restriction for the purpose of defining building coverage areas for individual lot, or for describing
shoreline building setbacks;
(c) The buildable area of a lot, tract or parcel after applicable setbacks, easements and other restrictions on the
lot, tract or parcel are taken into account.
"Bulk plant or terminal facility" means that portion of a property where flammable or combustible liquids are
received by tank vessel, pipelines, tank car or tank vehicle and are stored or blended in bulk for the purpose of
distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container (cf. International
Fire Code). [Ord. 8-06 § 11
18.10.030 C definitions.
"Calendar day" means any day of the week, includine weekends and holidays.
"Campground and camping facilities" means a facility in which sites are offered for persons using tents or other
personal, portable overnight shelters.
"Capital facilities" means physical structures or facilities owned or operated by a government entity which provides
or supports a public service.
"Capital improvements" means improvements to land, structures, initial furnishings, and selected equipment.
"Caretaker residence" means a residence located on a premises with a main nonresidential use and occupied only by
a caretaker, and his/her immediate family, or guard employed on the premises.
"CC&Rs" means covenants, conditions and restrictions by which the declarant or other party or parties executing the
CC&Rs impose contractual obligations upon the present and future owners and assignees of real property. CC&Rs
are connected with land or other real property, and run with the land, so that the grantee of such land is invested with
and bound by the CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in accordance
with Chapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the county.
"Certificate of occupancy or use" means a document issued by the Jefferson County building official as the final
approval acknowledging that all conditions and requirements have been met and that the occupancy or use of a
development is allowed.
"Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, or the
like, which complies with all of the requirements of Chapter 16.58 RCW and associated rules and which holds a
valid license from the state.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream channel movement that
is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the
location of stream channels. "Channel migration zone" means the historic channel migration zone (which is the
footprint of the active channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new location), and the erosion
hazard area (which is an area outside the historic channel migration zone and the avulsion hazard zone, and includes
an erosion setback for a 100 -year period of time and a geotechnical setback to account for slope retreat to a stable
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 8/37
Chapter 18.10 DEFINITIONS
angle of repose). "Channel migration zone" does not include disconnected migration areas, which are areas that have
been disconnected from the river by legally existing artificial structure(s) that restrain channel migration (such as
levees and transportation facilities built above or constructed to remain intact through the 100 -year flood elevation),
that are no longer available for migration by the river. "Channel migration zone" may exclude areas that lie behind a
lawfully established flood protection facility that is likely to be maintained by existing programs for public
maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic
feature affects channel migration, the channel migration zone width will consider such natural constraints. "High
channel migration hazard" (or high risk CMZ) for the Big Quilcene, Little Quilcene, Dosewallips, Duckabush, and
Lower Hoh Rivers means those nondisconnected portions of the channel that are likely to migrate within a 50 -year
time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, "moderate channel
migration hazard" (or moderate risk CMZ) means those nondisconnected portions of the channel that are likely to
migrate within a 50- to 100 -year time frame; and "low channel migration hazard" (or low risk CMZ) means those
nondisconnected portions of the channel that are likely to migrate beyond a 100 -year time frame. For the Lower Hoh
River, "moderately high hazard" (or moderately high risk CMZ) means those nondisconnected portions of the
channel that are likely to migrate within a 50- to 100 -year time frame, "moderate hazard" means those
nondisconnected portions of the channel that are likely to migrate beyond a 100 -year time frame, and "low hazard"
means the nondisconnected portions of the channel that are less likely to be affected by channel migration, but are
still at risk due to their location on the valley floor.
"Clearing" means the destruction or removal, by hand or with mechanical means, of vegetative ground cover or trees
including, but not limited to, root material or topsoil material.
"Cluster development" means a development design technique that groups or "clusters" buildings in specific areas
on a site rather than spread evenly throughout the parcel as in a conventional lot -by -lot development. The remaining
land is to remain undeveloped in perpetuity and used for recreation, common open space, and/or preservation of
enviranmentajiy ritical areas.
"Co -housing (intentional communities)" means single-family residential developments, subject to the underlying
land use district density, which may contain lots or structures in common ownership subject to meeting all other
applicable provisions of this UDC and if approved under the requirements of Article VI -M of Chapter 18.15 JCC,
Planned Rural Residential Developments (PRRDs), where applicable.
"Commercial communication towers" means towers, dishes, or antennas established for the sending or receiving of
signals for commercial purposes.
"Commercial kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be amended in the future.
"Commercial recreational facility" means a place designed and equipped for the conduct of sports and leisure -time
activities that is operated as a business and open to the public for a fee.
"Commercial sign" means any object, device, display or structure that is used for attracting attention to any
commercial use, product, service, or activity.
"Commercial use" means a business use or activity at a scale greater than a home business or cottage industry
involving retail or wholesale marketing of goods and services. Examples of commercial uses include offices and
retail shops.
"Common area" means any area contained within the boundaries of a proposed land division or within a multifamily
residential development and owned by the lot owners as tenants-in-common, joint tenancy, or through an association
or nonprofit association, and provided specifically for the common use of the residents.
"Common open space" means a parcel or parcels of land or an area of water or a combination of land and water
within the site designated for a subdivision and designed and intended for the use or enjoyment of the public.
Common open space may contain such complementary structures and improvements as are necessary and
appropriate for the benefit and enjoyment of the residents of the subdivision.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18. 10 DEFINITIONS
Page 9/37
"Community structure" means a structure which is intended for the common use of the residents of a particular
subdivision or community.
"Compatible" means uses or activities capable of existing together or in the vicinity of one another without
disharmony or without generating effects or impacts which are disruptive to the normal use and enjoyment of
surrounding property.
"Comprehensive Plan" means the Jefferson County Comprehensive Plan and all of its goals, objectives, policies,
documents, and maps which is a generalized coordinated land use policy statement of the Jefferson County board of
commissioners, adopted pursuant to Chapter 36.70A RCW.
Concentrated Animal Feeding Operation (CAFO). (See "Animal feeding operation, concentrated (CAFO).")
"Concurrency" means a condition in which an adequate capacity of capital and transportation facilities and services
is available to support development at the time that the impacts of development occur. (See also "Adequate capacity
(adequate capital or public facilities)," "Available capital facilities (available capacity)," and "Level of service
(LOS).")
"Conditional use" means a use that, owing to some special characteristics attendant to its operation or installation
(e.g., potential danger, traffic, smoke or noise impact), is permitted in a district, subject to approval and special
requirements, different from those usual requirements for the district in which the conditional use may be located.
"Conditional use permit" means a permit issued by Jefferson County stating that the land uses and activities meet all
criteria set forth in this code, and all conditions of approval in accordance with the procedural requirements of this
code.
"Condominium" means real property, portions of which are designed for separate ownership and the remainder of
which is designated for common ownership solely by owners of those portions. Real property is not a condominium
unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a
survey map and plans have been recorded in accordance with Chapters 64.32 and 64.34 RCW. Condominiums are
not confined to residential units, such as apartments, but also include offices and other types of space in commercial
buildings.
"Conservation district" means a "special purpose district," like a fire district or school district, organized in
accordance with Chapter 89.08 RCW for the purpose of providing assistance to landowners for the conservation of
renewable resources.
"Construction/contractor yards and offices" means service establishments primarily engaged in general contracting
or subcontracting in the building construction trades. These include administrative offices, workshops and the indoor
or outdoor storage of tools, equipment, materials, and vehicles.
Contract Purchaser. (See "Applicant.")
"Convenience store" means any retail establishment offering for sale prepackaged food products, household items,
and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
"Cottage industry" means a commercial or manufacturing activity conducted in whole or in part in either the
resident's single-family dwelling unit or in an accessory building, but is of a scale larger than a home occupation or
home business. A cottage industry is a limited, small-scale commercial or industrial activity, including fabrication,
with limited retail sales, that can be conducted without substantial adverse impact on the residential character in the
vicinity.
"County" means Jefferson County, Washington, its board, commissions, and departments.
"Critical areas" has the same meaning as in WAC 365-190-030(4), and as regulated in Chapter 18.22 JCC, as they
exist now or may be amended.
"Critical aquifer recharge areas" means areas with a critical recharging effect on aquifers used for potable water.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 10/37
"Critical habitat" means an area or type of environment that may be of crucial importance to the perpetuation of an
organism or biological population which normally lives or occurs there.
"Cul-de-sac" means a road closed at one end by an area of sufficient size for turning vehicles around.
"Current use" means the use of land or improvements at the time of permit application.
"Custom meat facility" means a facility operated by a person licensed to prepare uninspected meat for the owner of
the uninspected meat.
"Custom slaughtering establishment" means a facility operated by a person licensed to slaughter meat food animals
for the owner of the animal at a fixed location. [Ord. 6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
18.10.040 D definitions.
"Day care, commercial" means a person or agency that provides care for 13 or more children during part of the 24-
hour day (RCW 74.15.020).
(1) "Home day care provider" means a state -licensed day care provider who regularly provides day care for not
more than 12 children in the provider's home in the family living quarters (RCW 74.15.020).
(2) "Child day care center" means a person or agency providing care during part of the 24-hour day to 12 or fewer
children in a facility other than the family abode of the person or persons under whose direct care the children are
placed (RCW 35.63.170).
"Days, calendar" means so many days computed according to the course of the calendar. In computing comment and
appeal periods under this code, if the last day so computed is a Saturday, Sunday or legal holiday, the comment or
appeal period shall run to the next business day.
"DCD" means the Jefferson County department of community development.
"Dedicate" means to set aside a piece of real property, a structure, or a facility for public or private use or
ownership.
"Dedication" means a deliberate appropriation of land by its owners for any general and public uses, reserving to the
owner/dedicator no other rights than such as are compatible with the full exercise and enjoyment of the public uses
to which the property has been devoted.
"Degrade" means to scale down in desirability or salability, to impair in respect to some physical property or to
reduce in structure or function, in terms of Jefferson County standards and environment.
"Density" means the quantity per unit area, such as the number of dwelling units per acre.
"Design capacity" means the theoretical or calculated maximum ability of a system or device to handle the duty for
which it is to be used.
"Developable area" means the area of land which is not constrained from development by land use restrictions.
"Development" means the division of a parcel into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure; any grading, excavation, mining,
landfill; or any extension of the use of land.
"Development permit" means any permit issued by Jefferson County allowing the physical alteration of real
property including, but not limited to, building construction, road construction, grading, filling or excavating.
Approval of a short subdivision, long subdivision, or boundary line adjustment is not considered a "development
permit" for the purposes of Chapter 18.35 JCC. (See "Project permit.")
"Development regulation or regulations" means the controls placed on development or land use activities by
Jefferson County, including, but not limited to, this Unified Development Code (which among other provisions
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 11/37
Chapter 18.10 DEFINITIONS
includes zoning, planned rural residential development (PRRD), subdivision, binding site plan and eRvirsn mental!y
sensitive-ritical areas regulations), the Jefferson County Shoreline Master Program, and any other official controls
implementing the Jefferson County Comprehensive Plan. A development regulation does not include a decision to
approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in
a resolution or ordinance of the Jefferson County board of commissioners.
"Development right" means the right to develop property subject to federal, state, and local restrictions and
regulations.
"Director" means, unless otherwise specified, the director of the county's department of community development
(DCD) or the director's designee.
"Discretionary use" means all unnamed and certain named uses in Table 3-1 in JCC 18.15.040 which, subject to the
administrative review and classification criteria set out in Chapter 18.15 JCC, may be classified by the administrator
as an allowed outright "Yes" use, a conditional "C" use or a prohibited `No" use in the applicable district for which
the use is proposed.
"District" means a part, zone, or geographic area within Jefferson County within which certain development
regulations apply.
"Disturbed area" means any place where activities clearly in preparation for, or during, surface mining have
physically disrupted, covered, compacted, moved, or otherwise altered the characteristics of soil, bedrock,
vegetation, or topography that existed prior to such activity. Disturbed areas may include but are not limited to:
working faces, water bodies created by mine -related excavation, pit floors, the land beneath processing plant and
stock pile sites, spoil pile sites, and equipment staging areas. Disturbed areas shall also include aboveground waste
rock sites and tailing facilities, and other surface manifestations of underground mines. Disturbed areas do not
include surface mine access roads in mineral resource land designations unless these have characteristics of
topography, drainage, slope stability, or ownership that, in the opinion of the department of natural resources, make
reclamation necessary, lands that have been reclaimed to all standards outlined in this chapter, rules of the
department of natural resources, any applicable SEPA document, and the approved reclamation plan, and subsurface
aspects of underground mines, such as portals, tunnels, shafts, pillars, and stopes.
"Division of land" means the creation of any new lot or lots for the purpose of sale, lease, or transfer of ownership
(see Chapter 18.35 JCC).
DOT. (See "WADOT" or "WSDOT.
"Drainage" means surface water runoff, the removal of surface water or groundwater from land by drains, grading,
or other means, which include runoff controls to minimize erosion and sedimentation during and after construction
or development.
"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar depression into which
surface water flows.
"Dredging" means the removal of earth from the bottom of a stream, river, lake, bay, or other water body.
"Drinking establishment (lounge)" means a business primarily engaged in the retail sale of alcoholic beverages for
consumption on the premises. A restaurant operated as part of a lounge is considered to be accessory to the lounge.
"Drive-thru window service" means businesses where patrons may carry on business on the premises while in a
motor vehicle (see also "Mobile food unit").
"Driveway" means a strip of land which provides vehicular access to one or two lots
Duplex. (See "Dwelling unit, two-family.")
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.10 DEFINITIONS
"Dwelling unit" means one or more rooms or structures designed for occupancy by an individual or family for living
and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, for use solely by the
dwelling's occupants.
"Dwelling unit, multiple-family" means one or more structures containing three or more dwelling units.
"Dwelling unit, two-family" (duplex) means a single structure containing two dwelling units. [Ord. 8-06 § I]
18.10.050 E definitions.
"Eating establishment (restaurant)" means a business primarily engaged in the retail sale of food for consumption on
the premises. A lounge operated as part of a restaurant is considered to be accessory to the restaurant.
"Ecology (WDOE)" means the state of Washington Department of Ecology.
"Endangered species" means a species which is in danger of extinction throughout all or a significant portion of its
range, as classified by the Washington Department of Fish and Wildlife, WAC 232-12-014 and the Washington
Department of Natural Resources, Washington Natural Heritage Plan.
"Environmental checklist" means a form prescribed by the administrator and the state of Washington to identify the
potential environmental impacts of a given proposal.
"Environmental impact statement (EIS)" means a draft, final, or supplemental written document that reviews the
likely significant and nonsignificant adverse and positive impacts of a proposal, ways to avoid, minimize or lessen
the adverse impacts, and alternatives to the proposal.
aquifer- reehar-ge afeas, wetlands, and fish and wildlit;e habitat Eff eas, all as defined thfatigh Ghap�ef 356 190 WAC a
"Equestrian center" means uncovered and covered facilities for commercial boarding, training, teaching, breeding
and rental of horses including facilities for shows and competitive events, and riding trails. This shall not include
stables used solely for the private personal use of the property owner or stables used solely for boarding or breeding
of horses.
"Erosion" means the detachment and movement of soil or rock by water, wind, ice, or gravity.
"Erosion hazard areas" means areas characterized by soils identified in the USDA Jefferson County Soil Survey as
having severe water erosion hazards.
"Essential public facilities" means those important and necessary facilities which provide essential services that are
typically difficult to site, such as airports, state educational facilities, state or regional transportation facilities, state
and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance-abuse
facilities, mental health facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public
facilities or services; they may be, but are not necessarily, publicly owned. Essential public facilities in Jefferson
County include airports, large-scale transportation facilities, solid waste handling and disposal facilities, correctional
facilities, in-patient treatment facilities including substance-abuse facilities, and mental health facilities, state-owned
educational facilities, and wastewater treatment plants.
"Excavation" means the mechanical removal of earth.
Exemption (Exception). Reserved.
"Existing use" means the use of a lot or structure or improvements at the time of the enactment of the Unified
Development Code (this code), unless otherwise specified.
Expansion, Nonconforming Use. (See "Intensification, nonconforming use.")
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.10 DEFINITIONS
"Extraction" means the commercial removal of naturally occurring materials from the earth, excluding water. [Ord.
8-06 § 11
18.10.060 F definitions.
"Facility and service provider" means the department, district, agency or private entity responsible for providing a
specific concurrency facility.
"Family" means an individual or two or more persons related by blood or marriage or a group of not more than five
persons r1;} living together as a single housekeeping unit and doing their cooking on the premises
as distinguished from a group occupying a boarding house or rooming house or motel.
"Farm equipment" includes, but is not limited to, tractors, trailers, combines, tillage implements, balers, and other
equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting,
and marketing of agricultural, horticultural, or livestock products.
"Farm plan" means a conservation plan developed by a conservation district technician and a landowner outlining a
series of actions developed to meet a landowner's goals while protecting water quality and the natural resources
within and around the farm property. Many things are considered in a farm plan including farm size, soil types,
slope of the land, proximity to streams, wetlands or water bodies, type and numbers of livestock or crops, resources
such as machinery or buildings and finances available. The terms conservation plan and farm plan are
interchangeable in this context.
"Farm worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by
an agricultural employer for his or her agricultural employees.
"Feasible alternative" means an alternative that:
(a) Meets the requirements of federal, state, and local laws and regulations;
(b) Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the original proposal.
A determination of what is reasonable or feasible is made by the decision-making body on a case-by-case basis,
taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and alternative
approaches, and opportunity for the avoidance or reduction in the number, intensity, or severity of
significant impacts, or of the aggregate adverse impact;
(ii) Risk of `upset conditions" (i.e., the risk that the control and mitigation measures will fail, be
overwhelmed, or exceed allowed limits) and the potential severity of the impact should control or
mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time constraints for completion;
and
(v) Location and site-specific factors, such as seasonal or topographic constraints, envi .,,. ment^"^
sensitive ritical areas and habitats, site accessibility, and local community concerns_
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Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 14/37
"Federal candidate species" means formally proposed endangered or threatened species and candidate species for
which the U.S. Fish and Wildlife Service has information to indicate biological vulnerability and threat.
"Federal endangered species" means species in danger of extinction according to the U.S. Fish and Wildlife Service
official listing.
"Federal sensitive species" means species that are considered a sensitive species by the U.S. Fish and Wildlife
Service.
"Federal threatened species" means species likely to become endangered within the foreseeable future according to
the U.S. Fish and Wildlife Service official listing.
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation Service manual that
contains information for use in technical assistance to decision -makers for resource management.
Filing. (See "Recording.")
"Fill" means any sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by
humans.
"Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county
auditor and containing all elements and requirements set forth in Chapter 18.35 JCC and all other applicable codes
and ordinances.
"Flood Insurance Rate Map (FIRM)" means the official map issued by the Federal Emergency Management Agency
that delineates both the special hazard areas and the risk premium zones applicable to Jefferson County.
"Flood or flooding" means the temporary inundation of normally dry land areas from the overflow of inland or tidal
waters or from the unusual and rapid accumulation or runoff of surface waters.
"Forest management" means forest practices pertaining to protecting, producing, and harvesting timber for
economic use.
"Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing or
harvesting of timber, or the processing of timber on a harvest site for less than 30 days per calendar year, including
but not limited to: road and trail construction and maintenance; harvest, final and intermediate; precommercial
thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
"Forest practice, conversion" means the conversion of land to an active use incompatible with timber growing and
where future nonforest uses will be located on currently forested land.
"Forest practice, conversion option harvest plan (CORP)" means a voluntary plan developed by the landowner and
approved by the county that indicates the limits and types of harvest areas, road locations, and open space. This
jointly agreed plan is submitted to the Washington Department of Natural Resources (WDNR) as part of a Class II,
III, or IV special forest practice permit application, and is attached to and becomes part of the conditions of the
permit approved by the WDNR.
"Forest resource lands" means lands primarily devoted to growing trees for long-term commercial production on
land that can be economically and practically managed for such production (RCW 36.70A.030(8)).
"Frequently flooded areas" means lands subject to a one percent or greater chance of flooding in any given year.
[Ord. 8-06 § 11
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Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 15/37
18.10.070 G definitions.
"Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or
other geological events are not suited to the siting of commercial, residential, or industrial development consistent
with public health or safety concerns.
"Grade, existing" means the elevation of the ground or site prior to any work being done or any changes being made
to the ground or site.
"Grade, finished" means the final elevation of the ground level after development.
"Grade plane" means a reference plane representing the average of the finished ground level adjoining the building
at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall
be established by the lowest points within the area between the building and the lot line or, where the lot line is more
than six feet from the building between the structure and a point six feet from the building.
"Grading" means stripping, cutting, filling, or stock -piling land including the land in its cut or filled condition to
create new grade.
Grandfathered Uses and Structures. (See "Nonconforming," "Nonconforming lot," "Nonconforming structure,"
"Nonconforming use," "Alteration, nonconforming structures," and "Alteration, nonconforming use.")
"Grocery store" means a commercial establishment selling primarily packaged food products typically in
combination with household products and sundries.
"Gross area" means the total area included within the boundaries of any parcel including land area up to any
abutting public road right-of-way.
Groundwater. (See "Water, ground.")
"Group home" means a residential occupancy that exceeds the definition of "family" in a single-family residence.
"Group housing" means a residential dwelling that exceeds the definition of a single-family residence and which is
not a multifamily dwelling.
"Growth Management Act (GMA)" means the State of Washington Growth Management Act, Chapter 36.70A
RCW, as amended. (Ord. 8-06 § 1]
18.10.080 H definitions.
"Habitat" means the place or type of site where a plant or animal naturally or normally lives and grows.
"Hangars" means covered areas and enclosed structures for housing and repairing aircraft.
"Hazardous substance" means hazardous substance as defined in RCW 70.105D.020(13), as it exists now or may be
amended in the future.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.10 DEFINITIONS
Of
Page 16/37
"Heavy equipment sales or rental services" means the use of any internal or external space for the sale, rental and
display of construction or other heavy equipment, machinery or vehicles or parts thereof.
"Height, building" means the vertical distance from grade plane to the average height of the highest roof surface (cf.
International Building Code).
"Height, story" means the vertical distance from the top to top of two successive tiers of beams or finished floor
surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is
not a ceiling, to the top of the roof rafters (cf. International Building Code).
"Historic site, structure or landmark" means a site, structure, building, district, or object of archaeological,
architectural, historical or cultural significance. This is shown by its listing, or its determination of eligibility for
listing, in the National Register of Historic Places, the Washington Heritage Register, or determined to be
contributing to the character and/or historical significance of a district for which the State Historic Preservation
Officer has made a determination of eligibility pursuant to Section 106 of the National Historic Preservation Act.
This definition also applies to a site, structure, building, district, or object of archaeological, architectural, historical
or cultural significance shown by its designation, or determination of eligibility for designation, by a local
jurisdiction, or its inclusion in the Washington State Inventory of Cultural Resources as administered by the
Department of Archaeology and Historic Preservation.
"Hobby kennel" means a kennel, as now defined in JCC 6.07.020, as it exists now or may be amended in the future,
which is not a commercial kennel at or adjacent to a private residence.
ash -14 fWfflestie dogs, ea� ar- eembivalieii thereof-, and shall Hai preduee More thnn thr-i e littees or eats
Home Business. Home-based businesses are secondary and incidental to the primary residential use of the structure,
provide supplemental income for a family, consist of limited -scale service or fabrication, and limited retail sales.
"Homeowners association" means an incorporated nonprofit organization operating under recorded land agreements,
including, but not limited to, CC&Rs, through which:
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the organization's activities,
such as maintaining commonly owner property; and
(c) A charge, if unpaid, becomes a lien against the real property.
"Hotel (or lodge)" means a commercial building in which lodging is provided and offered to the public for
compensation, and which is open to transient guests, and is not a motel or bed and breakfast inn as otherwise defined
in this code.
"Household" means one or more related or unrelated persons occupying a dwelling unit. [Ord. 13-12 § 1; Ord. 8-06
§11
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Jefferson County Code Page 17/37
Chapter 18.10 DEFINITIONS
18.10.090 I definitions.
"Illegal use" means any use of land or a structure which is inconsistent with current codes or was inconsistent with
previous codes in effect when the use or structure was established. An illegal use is different than a "nonconforming
use." (See also "Nonconforming.")
"Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle
as under natural conditions prior to development. A hard surface area which causes water to run off the surface in
greater quantities or at an increased rate of flow from the flow present under natural conditions prior to
development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam
or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention
facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for
application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be
considered impervious surfaces for purposes of runoff modeling.
"Improvements" means the facilities and infrastructure of a land development, including, but not limited to, the
roads, sidewalks, street lights, stormwater facilities, sewage disposal facilities, domestic water facilities, and other
utilities and facilities required by Chapter 18.35 JCC to be constructed in conjunction with any particular land
division, as approved by the necessary county departments.
"Incidental" means subordinate to, minor in significance, and bearing a reasonable relationship with the primary use.
"Incompatible" means uses and activities that are not compatible. (See "Compatible.")
"Indoor entertainment or recreational facilities" means places designed and equipped for the conduct of sports and
leisure -time activities, including, but not limited to, physical fitness clubs, bowling alleys, theaters, playhouses, and
billiard rooms.
"Industrial use, heavy or resource-based" means a use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials or natural resources; a use engaged in storage
of or manufacturing processes using flammable, hazardous or explosive materials; or manufacturing processes that
potentially involve hazardous or commonly recognized adverse conditions.
"Infrastructure" means existing installed facilities and services including capital facilities such as water supply,
sewage disposal, and storm drainage systems, and transportation facilities such as public roads.
"Inoperable (or unlicensed) vehicle" means any motor vehicle (excluding farm machinery or implements), trailer, or
semitrailer which is inoperable and which, by virtue of its condition, cannot be economically restored to operable
condition; provided, that such vehicle, trailer, or semitrailer shall be presumed to be an inoperable or unlicensed
vehicle if no license plates are displayed or if the license plates displayed have been invalid for more than three
years.
"Institutional facilities or development" means structures and related activity areas used by organizations providing
educational, social, or noncommercial recreational services to the community, including performance halls,
government service offices, facilities for assembly, colleges, primary and secondary schools, museums, and
libraries.
"Instream resources" means features, properties, or other beneficial assets which exist within a stream corridor, such
as fish and wildlife habitat, recreation, and scenic beauty.
"Intensification of nonconforming use" means any increase or expansion in the quality or quantity of products,
goods, services, structures or adverse impacts upon parcels within the vicinity of the nonconforming use produced,
generated, served, created or performed at the site of the legal nonconforming use by the owner or occupant of that
legal nonconforming use.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18. 10 DEFINITIONS
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"Intensive" means highly concentrated, very large, or considerable, in terms of Jefferson County standards and
environment.
"International Building Code" means the building code officially adopted by Jefferson County.
"Inter vivos" means a transfer or conveyance of property during the life of the owner, as distinguished from
testamentary transfers where the property passes at death. [Ord. 8-06 § 1 ]
18.10.100 J definitions.
"Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following
requirements: (a) three years or older; (b) extensively damaged, such damage including, but not limited to, the
following: a broken window or windshield, missing seats, wheels, tires, motor, or transmission; (c) apparently
inoperable; and/or (d) has approximate fair market value equal only to the approximate value of the scrap in it.
"Junk yard" means a primary or accessory use of structures or land for storage, recycling, dismantling or selling of
cast-off, unused, scrap, or salvage material of any sort. [Ord. 8-06 § 1]
18.10.110 K definitions.
"Kennel" has the same meaning as in JCC 6.07.020 JCC, as it exists now or may be amended in the future.
"Kitchen" means a room used for cooking or preparing food. [Ord. 8-06 § 11
18.10.120 L definitions.
"Land disturbing activity" means any activity that results in movement of earth, or a change in the existing soil
cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but
are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of
structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices
are not considered land -disturbing activity.
Land Division. (See "Division of land.")
"Land use decision" means a final determination by the county's hearing body or officer with the highest level of
authority to make the determination, including those with authority to hear appeals, on:
(a) An application for a project permit or other governmental approval required by law before real property
may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or
approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications
for legislative approvals such as area -wide rezones and annexations; and excluding applications for business
licenses;
(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other
ordinances or rules regulating the improvement, development, modification, maintenance, or use of real
property; and
(c) The enforcement by the county of regulations governing the improvement, development, modification,
maintenance, or use of real property.
"Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of
geologic, topographic, and hydrologic factors.
"Landward" means to or toward the land.
"Level of service (LOS)" means the number of units of capacity per unit of demand (e.g., trips, population, school-
age residents) or other appropriate measure of need sufficient to meet the standards for adequate service set forth in
the Comprehensive Plan. (See also "Adequate capacity (adequate capital or public facilities)," "Available capital
facilities (available capacity)," and "Concurrency.")
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.10 DEFINITIONS
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"Light industrial" means a use involving: (1) basic processing and manufacturing of materials or products
predominantly from previously prepared materials; or (2) finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but
excluding basic processing of raw materials except food products.
"Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites,
poultry, waterfowl, game birds, and other species so designated by statute. Livestock does not mean free -ranging
wildlife as defined in RCW Title 77.
"Livestock management" includes breeding, birthing, feeding, care, processing and sales of animals and animal
products, birds, honey bees, fish and shellfish.
"Logging" means activities related to and conducted for purposes of harvesting or processing timber.
"Long-term commercial significance" means lands with the growing capacity, productivity, soil composition, and
economic viability for long-term agricultural, mineral or silvicultural production.
"Lot" means a designated tract, parcel or area of land established by plat, subdivision, or as otherwise permitted by
law, to be separately owned, and utilized.
"Lot, buildable" means a lot of sufficient size and location to:
(a) Comply with all the standards and requirements of this code, with the exception of the density provisions
contained herein; and
(b) Support an on-site wastewater disposal (i.e., septic) system or connect to a public sewerage system and
support an individual water system (i.e., well) or connect to a community water system that is consistent with
the policies, standards and requirements of the Jefferson County health department and the Washington State
Department of Health as they now exist or may hereafter be amended, and any other applicable policies,
standards or regulations of the Washington State Department of Ecology.
As an aid to developers, the county notes that a lot of two acres in size or greater will typically be adequate to
meet the health standards referenced above. Given suitable soil conditions and alternative treatment methods, it
may be possible for an area smaller than two acres in size to meet health standards. However, for purposes of
septic system approval, an area smaller than 12,500 square feet shall not be recognized as a buildable lot unless
a waiver is authorized pursuant to Chapter 8.15 JCC. With the exception of the 12,500 -square -foot minimum
permissible land area referenced above, the dimensional numbers cited above should be viewed only as a
general guide and shall not be construed as binding upon the county in any specific fact scenario.
This definition is intended to apply only to lots of record as defined herein. With the exception of the density
provisions contained in Chapter 18.30 JCC, nothing in this definition shall be construed to excuse compliance
with any other provisions of this code or any provision of local, state or federal law, including, but not limited
to: the envirenmentally seisitivecritical areas set forth in hapter 1845
22 JCC; the use, setback, height and impervious surface limitations of Chapters 18.15, 18.20 and 18.30 JCC;
and any requirements imposed under the authority of the State Environmental Policy Act (SEPA), Chapter
43.21C RCW; or any other applicable regulations governing the provision of infrastructure.
"Lot, corner" means a lot situated at the intersection of two roads, by which the interior angle does not exceed 135
degrees.
"Lot coverage" means the surface area of a lot or lots within a single development which is occupied by buildings,
excluding roof overhangs and covered porches not used for sales, storage, or service.
"Lot, frontage" means the boundary of a lot that is along an existing or dedicated public road, or where no public
road exists, along a private road, easement or access way. On an interior lot, it is the lot line abutting a road; or, on a
pipestem (i.e., flag) lot it is the interior lot line most parallel to the nearest road from which access is obtained.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 20/37
Chapter 18.10 DEFINITIONS
"Lot of record" means an undeveloped lot, tract or parcel of land shown on an officially recorded short plat or long
plat or a parcel of land officially recorded or registered as a unit of property and described by platted lot number or
by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument
first referencing the lot. The term "lot of record" does not imply that the lot was created in conformity with the legal
regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 JCC.
"Lot, pipestem" means a lot not meeting minimum frontage requirements and where access to the public road is by a
narrow private right-of-way or driveway. The term is synonymous with "flag lot."
"Lot, substandard" means a lot or parcel of land that has less than the required minimum area or width as established
by the land use district in which it is located; and provided, that such lot or parcel was of record as a legally created
lot on the effective date of the Jefferson County Unified Development Code. A substandard lot is a legal lot of
record. "Substandard" should not be equated with unbuildable. (See "Lot, buildable.")
"Lot, through" means a lot that has both ends fronting on a road or street; both ends shall be deemed front.
"Lumber mill, portable" means portable equipment to mill, split, or otherwise process forest products.
"Lumber mill, stationary" means a permanently located facility or equipment used to process forest products. [Ord.
8-06 § 1
18.10.130 M definitions.
"Maintenance agreement" means a written agreement between parties to physically maintain a facility for common
use in a manner which conforms to standards of adequacy specified in such an agreement.
"Major industrial development" means a master planned location for a specific manufacturing, industrial, or
commercial business that (a) requires a parcel of land so large that no suitable parcels are available within an urban
growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or
mineral resource land upon which it is dependent. A major industrial development shall not be for the purpose of
retail commercial development or multi -tenant office parks. (cf. RCW 36.70A.365(1).)
"Manufactured home" means a single-family dwelling built according to the Department of Housing and Urban
Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building
code. A manufactured home also: (a) includes plumbing, heating, air conditioning, and electrical systems; and (b) is
built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet
wide and 40 feet long when transported; or when installed on the site is 320 square feet or greater. (See also "Mobile
home.")
Manufactured Housing. (See "Manufactured home" and "Mobile home.")
"Manufacturing" means the mechanical or chemical transformation of materials or substances into new products,
including the assembling of component parts, the creation of products, and the blending of materials, such as
lubricating oils, plastics, resins, or liquors.
"Market value" means the most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming
the price is not affected by undue stimulus.
"Master planned resort" means a self-contained and fully integrated planned unit development in a setting of
significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor
accommodations associated with a range of on-site indoor or outdoor recreational facilities. A master planned resort
may include other residential uses within its boundaries, but only if the residential uses are integrated into and
support the on-site recreational nature of the resort. (cf. RCW 36.70A.360.)
"Material change" means a measurable change that has significance for existing or proposed development or for the
existing environment.
"Meander line" means a line along a body of water intended to be used solely as a reference for surveying
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 21/37
"Mine hazard" means an area of potential danger to persons or property due to past or present mineral extraction
operations.
"Mineral extraction" means the removal of naturally occurring materials from the earth for economic use. Extraction
materials include nonmetallic minerals such as sand, gravel, clay, coal, and various types of stone. This shall not
include the following:
(a) Excavation and grading at building construction sites where such construction is authorized by a valid
building permit; or
(b) Excavation and grading in public rights-of-way for the purpose of on-site road construction, or in private
rights-of-way for the same purpose if authorized by the county; or
(c) Excavation and grading for the purpose of developing ponds or manure lagoons for agricultural purposes; or
(d) Excavation and grading in connection with and at the site of any creek, river, or flood -control or storm
drainage channel for the purpose of enlarging hydraulic capacity or changing the location or constructing a new
channel or storm drain where such work has been approved by the county; or
(e) Excavation and grading where the excavated material will be used on the same property or on property
contiguous to and under the same ownership as the excavation.
"Mineral processing" means activities accessory to mineral extraction that include material washing, sorting,
crushing or more intensive modification or alteration through mechanical or chemical means to a mineral resource
after it has been removed from the earth. This does not include asphalt or concrete batch plants.
"Mineral resource lands" means land primarily devoted to the extraction of minerals or lands that have a known or
potential long-term commercial significance for the extraction of minerals.
"Mini storage" means a structure or structures containing separate, individual, and private storage spaces leased or
rented individually for varying periods of time.
"Mitigation" means measures prescribed and implemented to avoid, minimize, lessen, or compensate for
adverse impacts.
"Mobile food unit" means a readily movable food and/or beverage establishment. (See also JCC 18.20.182, Food
and beverage stands.)
"Mobile home" means a factory -built dwelling built prior to June 15, 1976, to the standards other than the HUD
Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home
into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home
Construction and Safety Standards Act. (See also "Manufactured home" and "Manufactured housing.")
"Mobile home park" means a development with two or more improved pads or spaces with required improvements
and utilities designed to accommodate mobile homes, according to RCW 59.20.030 (4).
"Motel" means a commercial building or group of buildings in which lodging is provided to transient guests, offered
to the public for compensation, and in which access to and from each room or unit is through an exterior door.
"Motor home" means a motor vehicle originally designed, reconstructed, or permanently altered to provide facilities
for human habitation, which include lodging, cooking, and sewage disposal, and enclosed within a solid body shell
with the vehicle, but excluding a camper or similar unit constructed separately and affixed to a motor vehicle (RCW
46.04.305).
Multifamily Dwelling. (See "Dwelling unit, multiple -family.") [Ord. 8-06 § 1]
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Chapter 18.10 DEFINITIONS
Page 22/37
18.10.140 N definitions.
"National Pollutant Discharge Elimination System (NPDES)" means a joint federal and state permitting system for
the control, monitoring, and reduction of point -sources of pollution, established under the Federal Water Pollution
Control Act (Clean Water Act) (Public Law 92-500).
"National Register of Historic Places" means the official federal list, established by the National Historic
Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history and
prehistory, or whose artistic or architectural value is unique.
"Native vegetation" means plant species that are indigenous to Jefferson County.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior
to any site preparation or grading, including excavation or filling.
"Natural Resources Conservation Service" is a U.S. Department of Agriculture division that provides technical
assistance to decision -makers to protect, maintain and improve soil, water, air, plant, and animal resources and
related human considerations.
"Noise" means any sound not occurring in the natural environment which causes or tends to cause an adverse
psychological or physiological effect on humans. This includes sounds arising from the amplification of noises
generated by expected or permitted uses of a lot or structure.
"Nonconforming" means a use, structure, site, or lot which conformed to the applicable codes in effect on the date
of its creation but which no longer complies because of changes in code requirements. Nonconformity is different
than and not to be confused with illegality (see "Illegal use"). Legal nonconforming lots, structures, and uses are
commonly referred to as "grandfathered."
"Nonconforming lot" means a lot of record in existence prior to the effective date of the ordinance codified in this
Unified Development Code and any amendments thereto, which does not meet the minimum lot size and other
requirements as set forth in this code.
"Nonconforming structure" means a structure which does not conform to the dimensional regulations, including but
not limited to setback, height, lot coverage, density, and building configuration regulations of the land use district in
which it is located due to changes in code requirements. (See also "Alteration, nonconforming structures.")
"Nonconforming use" means a use of a structure or of land which does not conform to the regulations of the land
use district in which the use exists due to changes in code requirements. (See also "Alteration, nonconforming use.";
"Nonconsumptive use" means a use which does not permanently deplete, degrade, or destroy the resource involved.
"Nonpoint source" means the release of waste or other flows which occurs over a broad or undefined area. Releases
which can be described as confined to a small area, such as discharges from a pipe or conduit, are referred to as
"point -source discharges." (See also "Point -source discharge.")
"Nursery" means lands or greenhouses used to raise flowers, shrubs, and plants for commercial purposes.
"Nursing/convalescent/assisted living facility" means a facility or residence that provides health or long-term care
services to residents, including nursing or other supportive or restorative health services on a 24-hour basis (RCW
43.190.020). [Ord. 8-06 § 1 ]
18.10.150 O definitions.
"Off-street parking" means an area of land located outside of any public right-of-way or private roadway and used
for vehicular parking.
"Office" means a commercial use which provides business, professional, or personal services to customers.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 23/37
Chapter 18.10 DEFINITIONS
"Official maps" means the maps identified in the Jefferson County Comprehensive Plan as the "official maps."
These maps show the applicable land use designation(s), overlays, and maximum allowable density for all property
in the county.
"On-site waste disposal" means any one of several means for disposal of sanitary waste on the property from which
it is generated (e.g., septic tank and drainfield).
"Open record hearing" means a hearing, conducted by a single hearing body or officer that creates the record
through testimony and submission of evidence and information, under procedures prescribed by ordinance or
resolution. An open record hearing may be held prior to the decision on a project permit to be known as an "open
record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record
appeal hearing," if no open record predecision hearing has been held on the project permit.
"Open space" means lands committed to farming and forestry uses and any parcel, lot, or area of land or water
essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment.
"Open space tax program" means a county program associated with property taxation. Land being used for
agriculture may be enrolled in the tax program through the county assessor. The tax program is independent of land
use designation (i.e., zoning) and these development regulations, except in the context of identifying "existing and
ongoing agriculture," as defined and regulated in this code.
"Operator" means any person who is in actual physical or electronic control of a powered watercraft, motor vehicle,
aircraft, off-highway vehicle, or any other engine driven vehicle.
"Outdoor commercial amusement facility" means permanent developments containing single or multiple outdoor
amusements such as batting cages, go-cart tracks, bumper cars, amusement rides, or games of chance. This shall not
include casinos or theme parks.
Outdoor Shooting Range. (See "Shooting range.")
Outdoor Storage Yards. (See "Storage yard, outdoor.")
"Overlay district" means a district that provides policies and regulations in addition to those of other sections in this
code for certain land areas and for uses which warrant specific recognition and management. Except as otherwise
provided, the provisions of an overlay district shall prevail over any conflicting provisions of this code for the
duration of the overlay district, subject to RCW Title 36.
"Owner" means an individual, firm, business entity, trust, association, syndicate, partnership, or corporation having
sufficient property interest to seek development of land.
"Owner -occupied" means the residential occupancy of a building or property by the owner. [Ord. 8-06 § 1 ]
18.10.160 P definitions.
"Panhandle" means an irregular extension or protrusion of a lot created for the purpose of providing such lot with
frontage on a public or private road, street or access way.
Parcel. (See "Lot.")
"Parent parcel" means each existing lot that is located within the perimeter of a proposed boundary line adjustment
application.
"Park" means a tract of land designated and used by the public for recreation.
"Parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor
vehicles.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.10 DEFINITIONS
Page 24/37
"Parties of record" means the land use permit applicant; persons who have testified at the open record hearing; and
any persons who have submitted written comments concerning the application that forms part of the public record
(excluding persons who only signed petitions or mechanically produced form letters.)
"Performance standard" means a set of criteria or limits relating to certain characteristics that a particular use or
process may not exceed.
"Permit center" means the Jefferson County department of community development.
"Permit exemption statement" means a written statement of administrative finding and conclusions that a land use or
development is consistent with applicable regulations and is not subject to permit requirements of this code.
"Permit review" means the process of reviewing applications for project permits for consistency with the
requirements of this code.
"Permittee" means the entity to whom a permit is granted.
"Person" means any individual, owner, contractor, tenant, partnership, corporation, business entity, association,
organization, cooperative, public or municipal corporation, agency of a state or local governmental unit however
designated, public or private institution, or an employee or agent of any of the forgoing entities.
"Personal and professional services" means, for the purposes of this code, establishments primarily engaged in
providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises,
not listed specifically in this code as a distinct use for regulatory purposes, such as laundry and dry cleaning
services; barber shops and beauty salons; locksmiths, banks, legal, engineering, architectural, design, financial and
accounting services, and the like.
"Pervious surface" means a surface that absorbs water.
"Planned rural residential development (PRRD)" means development characterized by a unified site design,
clustered residential units, and areas of common open space pursuant to Article VI -M of Chapter 18.15 JCC.
"Planning department" means the Jefferson County department of community development.
"Plat" means a map or representation of a subdivision or short subdivision of land showing the division of a parcel
of land into lots, roads, dedications, common areas, restrictions and easements, as regulated by Chapter 58.17 RCW
and this code.
Plat Alteration. (See "Subdivision, alteration of.")
Plat, Long. (See "Subdivision, long.")
Plat, Short. (See "Subdivision, short.")
Plat Vacation. (See "Subdivision, vacation of.")
"Playing field" means a land area designed and used for outdoor games, such as baseball, football, soccer, track
events and tennis. It includes public outdoor swimming pools.
"Point -source discharge" means the release of waste or other flows which can be described as confined to a small
area, such as discharges from a pipe or conduit. Releases occurring over a broad or undefined area are referred to as
"nonpoint sources." (See also "Nonpoint source.")
"Predecision hearing, open record" means a hearing, conducted by the hearing examiner, that creates the county's
record through testimony and submittal of evidence and information, under procedures prescribed by the county by
ordinance or resolution. An "open record predecision hearing" may be held prior to the county's decision on a
project permit (RCW 36.70B.020).
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.10 DEFINITIONS
"Preliminary approval" means the final action of the county granting approval to a short or long subdivision, subject
to applicable conditions that must be fully satisfied prior to final plat approval.
"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of
streets, lots, blocks (if applicable) and other elements of a subdivision consistent with the provisions of this code.
"Primary use" means the principal use of a property.
"Prime farmland soil" means land that has the best combination of physical and chemical characteristics for
producing food, feed, forage, fiber and oilseed crops and is available for these uses. (See Part 603.05, National Soils
Handbook, Department of Agriculture, Soil Conservation Service.) (WAC 365-190-030(1)(a).)
"Priority species" means all state and federal endangered, threatened, and sensitive species, and all federal candidate
species; and all species of local concern as defined in this chapter.
"Private road" or "private street" means an approved road or street that is not dedicated to the county and is used for
access to secondary lots that have no direct access to a public way.
"Prohibited uses" means any use or activity which is not specifically enumerated or interpreted as allowable in the
applicable land use district.
"Project permit" or "project permit application" means any land use or environmental permit or license required
from the county for a project action.
"Proof of ownership" means a photocopy of a recorded deed to property and/or a current title insurance policy
insuring the status of an applicant as the owner in fee title to real property.
"Proprietor -occupied" means the residential occupancy by the owner of a building or property.
"Provision" means any written language contained in this code, including without limitation any definition, policy,
goal, regulation, requirement, standard, authorization, or prohibition.
"Public access areas" means ways or means of approach to provide the general public with a physical entrance to a
property.
"Public facilities (and services)" means facilities which serve the general public including streets, roads, ferries,
sidewalks, street and road lighting systems, traffic signals, community water systems, community sewage treatment
systems, storm sewer systems, parks and recreational facilities, libraries, fire and police stations, emergency medical
services, municipal and county buildings, powerhouses, cemeteries and public schools (see RCW 36.70A.030).
"Public livestock market" means any place, establishment or facility commonly known as a "public livestock
market," "livestock auction market," "livestock sales ring," yards selling on commission, or the like, conducted or
operated for compensation or profit as a public livestock market, consisting of pens and other enclosures, and their
appurtenances in which livestock is received, held, sold, or kept for sale or shipment. The term does not include the
operation of a person licensed under Chapter 16.65 RCW to operate a special open consignment horse sale.
"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain
comments from the public or other agencies on a proposed project permit prior to a decision. A public meeting may
include, but is not limited to, a community association meeting or a scoping meeting on a draft environmental
impact statement (DEIS). A public meeting does not include an open record hearing. The proceeding at a public
meeting may be recorded and a report or recommendation may be included in the county's project permit
application file.
"Public purpose facilities" means lands and facilities needed to provide the full range of services to the public
provided by government, substantially funded by government, contracted for by government, or provided by private
entities to meet public service obligations.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18. 10 DEFINITIONS
"Public road or public street" means an approved road or street, whether improved or unimproved, held in public
ownership or control (i.e., either through deed or easement conveyance) and intended to be open as a matter of right
to public vehicular travel.
"Public schools" means a building (and grounds) or part thereof designed, constructed, or used for publicly operated
education and/or instruction.
"Public services" means services available to and used by the general public. They may be, but are not necessarily,
provided by a public agency for fire protection and suppression, law enforcement, public health, education,
recreation, environmental protection, and other governmental services (RCW 36.70A.030(13)).
"Public transportation systems" means public facilities for air, water, or land transportation.
"Public way" means any publicly owned land set aside for utilities, surface transportation purposes, including
motorized vehicular and nonmotorized (e.g., bicycle and pedestrian) transportation, whether improved or
unimproved. [Ord. 8-06 § 1]
18.10.170 Q definitions.
"Qualified wetlands consultant" means a person who has the qualifications to conduct wetland studies and make
recommendations for wetland mitigation. These qualifications include specialization in wetland biology, botany, and
hydrology, with appropriate education and experience. [Ord. 8-06 § 1]
18.10.180 R definitions.
"Rare, endangered, threatened and sensitive species" means plant and animal species identified and listed by the
Washington State Department of Natural Resources, Washington Natural Heritage Program, Washington State
Department of Fish and Wildlife, or the U.S. Fish and Wildlife Service, as being severely limited or threatened with
extinction within their native ranges.
"RCW" means the Revised Code of Washington.
"Reclamation" means rehabilitation for the appropriate future use of disturbed areas resulting from surface mining
including areas under associated mineral processing equipment, areas under stockpiled materials, and aboveground
waste rock and tailing facilities, and all other surface disturbances associated with underground mines. Although
both the need for and the practicability of reclamation will control the type and degree of reclamation in any specific
surface mine, the basic objective shall be to reestablish on a perpetual basis the vegetative cover, soil stability, and
water conditions appropriate to the approved subsequent use of the surface mine and to prevent or mitigate future
environmental degradation.
"Reclamation setbacks" include those lands along the margins of surface mines wherein minerals and overburden
shall be preserved in sufficient volumes to accomplish reclamation according to the approved plan and the minimum
reclamation standards. Maintenance of reclamation setbacks may not preclude other mine -related activities within
the reclamation setback.
"Recording" means the filing of a document(s) for recordation with the county auditor.
"Recreational development" means parks and facilities for camping, indoor and outdoor sports, and similar
developments.
"Recreational park trailer" means a trailer -type unit that is primarily designed to provide temporary living quarters
for recreational, camping or seasonal use, that meets the following criteria: (a) built on a single chassis, mounted on
wheels; (b) having a gross trailer not exceeding 400 square feet in the set-up mode; (c) certified by the manufacturer
as complying with ANSI Al 19.5.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping or travel use that has its
own motive power or is mounted on or towed by another vehicle, including travel trailers, fifth -wheel trailers,
folding camping trailers, truck campers, and motor homes, but not mobile homes (RCW 43.22.335).
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Chapter 18.10 DEFINITIONS
"Recreational vehicle park" means a commercially developed tract of land in which two or more recreational vehicle
sites are established as the principal use of the land.
"Recycling" means the process of segregating solid waste for sale, processing, and beneficial use. Materials which
can be removed through recycling include but are not limited to newsprint, cardboard, aluminum, glass, plastics, and
ferrous metal. Recycling does not include combustion of solid waste or preparation of a fuel from solid waste.
"Recycling center" means an area, with or without buildings, upon which used materials are separated and processed
for shipment.
"Recycling collection facilities" means neighborhood facilities for the drop-off and temporary storage of recyclables
but without waste processing.
"Regulated substance" means:
Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under Subtitle C
of the Federal Solid Waste Disposal Act, or a mixture of such hazardous waste and any other regulated substances):
and
Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and
pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute). The term "regulated substance"
includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of
hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. The term
"regulated substance" does not include propane or asphalt or any other petroleum product which is not liquid at
standard conditions of temperature and pressure (WAC 173-360-120).
"Religious assembly facility" means a facility designed and used primarily for ceremonies, rituals, and education
pertaining to a particular system of spiritual beliefs (e.g., a church).
"Residential care facility" means a facility that provides room, board and care with 24-hour supervision for persons
who, by reason of circumstance or condition, require care. This may include care for the aged or functionally
disabled persons but shall not include correctional facilities, inpatient substance abuse or inpatient mental health
facilities that are otherwise identified as essential public facilities by the Comprehensive Plan and regulated under
JCC 18.15.110.
"Residential development" means development of land with dwelling units for nontransient occupancy. For the
purposes of this code, accessory dwelling units, garages, and other similar structures accessory to a dwelling unit
shall also be considered residential development unless regulated otherwise by this code or subarea plans. (See also
"Dwelling unit" and "Accessory dwelling unit.")
"Resource-based industrial" means a forest resource-based industrial land use designation that recognizes existing,
active sawmills and related activities.
"Resource lands" means agricultural, forest, and mineral lands that have long-term commercial significance.
"Resource management system" means a conservation system that meets or exceeds the quality criteria in the NRCS
FOTG for resource sustainability for all identified resource concerns for soil, water, air, plants and animals.
`Restoration' means to return to an original or like condition.
"Restriction" means a limitation placed upon the use of parcel(s) of land.
"Retail sales and services" means establishments engaged in retail sales of goods, including, but not limited to, the
retail sale of merchandise not specifically listed under another use classification in Table 3-1 in JCC 18.15.040. This
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Chapter 18.10 DEFINITIONS
classification includes, but is not limited to, department stores, clothing stores, shoe stores, jewelry stores, hardware
stores, furniture stores, antique stores, pharmacies, appliance stores, agricultural feed and supply stores, stationary
stores, office supply stores and other similar uses; and establishments engaged in the sale of services directly to the
consumer including, but not limited to, small equipment repair, plumbing and electrical repair services, and other
similar uses.
Right -of -Way. (See "Public way.")
"Right -to -farm provisions" means provisions intended to enhance and encourage agricultural operations by
recognizing agricultural activities as essential rural activities that do not constitute a nuisance.
"Right -to -forestry provisions" means provisions intended to enhance and encourage sustainable forestry operations
by recognizing forestry activities as essential rural activities that do not constitute a nuisance.
"Road" means an improved and maintained public or private right-of-way which provides vehicular access to
abutting properties, and which may also include provision for public utilities, pedestrian access, cut and fill slopes,
and drainage.
"Road, access" means a road that functions solely to provide access to two or more properties.
"Road, arterial" means roads designated as arterial roads in the Transportation Element of the Comprehensive Plan.
"Road, collector" means:
(a) Roads designated as collector roads in the Transportation Element of the Comprehensive Plan.
(b) A street or road whose principal function is to carry traffic between access and arterial roads and streets.
"Road end" means:
(a) A road closed at one end that may be designed for future road extensions.
(b) The point at which a public road meets the tidelands or a body of water.
"Road, primary" means any existing or proposed road designated as an arterial or collector road in the
Transportation Element of the Comprehensive Plan or so designated by the Jefferson County engineer.
"Roadway" means that portion of an approved road or street intended for the accommodation of vehicular traffic,
generally between curb lines on an improved surface.
"Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers,
streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater. In addition, that portion of
rainfall or other precipitation that becomes surface flow and interflow.
"Runway" means the defined area at an airport, airfield, or airstrip indicated for landing and takeoff of aircraft along
its length.
"Rural character" means a quality of the landscape dominated by pastoral, agricultural, forested, and natural areas
interspersed with single-family homes, limited economic development, and farm structures. Rural character refers to
the patterns of land use and development established by the Comprehensive Plan:
(a) In which open space, the natural landscape, and vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in
rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;
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(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low density development;
(f) That generally do not require the extension of urban governmental services; and
(g) That are consistent with the protection of natural surface water flows and groundwater and surface water
recharge and discharge areas. (cf. RCW 36.70A.030(14).)
"Rural commercial designation" means the land use designation of the Comprehensive Plan designed to provide
opportunities for some commercial uses to be located in rural areas.
"Rural commercial uses" means the use of land or the use or construction of structures or facilities involving the
retail sale of goods or services which is either unsuitable for a rural village center or rural crossroad or is better
suited to rural lands and that does not require urban governmental services.
"Rural crossroads" means those areas established by virtue of historic transportation patterns and characterized by
existing concentrations of small-scale commercial uses fronting on, or in close proximity to, major transportation
routes and intersections. The following three types of commercial rural crossroads exist in Jefferson County:
neighborhood/visitor crossroads, convenience crossroads, and general crossroads:
(1) Convenience Crossroads (CC). Those crossroads that provide a limited selection of basic retail goods and
services, and serve a lower intensity population base and the traveling public. Convenience crossroads are
characterized by a single convenience/general store. There are three convenience crossroads in Jefferson County:
Nordland, Beaver Valley and Wawa Point.
(2) Neighborhood/Visitor Crossroads (NC). Those crossroads which provide multiple uses and services serving both
the local community and the traveling public. There are five neighborhood/visitor crossroads identified in Jefferson
County: Mats Mats, Discovery Bay, Four Corners, Chimacum and Gardiner.
(3) General Crossroads (GC). Similar to neighborhood crossroads, general crossroads serve a higher local
population base and offer a wider variety of goods and services. There are three general crossroads identified in
Jefferson County: Ness' Corner, Irondale Corner and SR 19/20 Intersection.
"Rural governmental services" means those public services provided to rural areas at a scale consistent with the rural
character of the area.
"Rural lands" means the class of land use designations which are intended to preserve the rural character of the
county. Rural land designations include the following: rural residential, rural commercial, and rural industrial.
"Rural recreational lodging or cabins" means a rural commercial establishment consisting of tourist lodging
facilities such as cabins and/or motel, hotel, inn or lodge units that provide for overnight sleeping accommodations
and may also provide limited small-scale conference or retreat facilities consistent with the standards set forth in
JCC 18.20.350.
"Rural residential designation" means the land use designation in the Comprehensive Plan designed to recognize
existing residential development patterns of the rural landscape and provide for a variety of residential living
opportunities at densities which maintain the primarily rural residential character of an area.
"Rural village center" means small, unincorporated commercial and residential community centers that provide a
rural level of services and which serve as a focal point for the local population. In Jefferson County these centers
include: Quilcene and Brinnon. [Ord. 8-06 § I]
18.10.190 S definitions.
"Sale" means the conveyance for consideration of legal or beneficial ownership.
"Salt water intrusion" means the underground flow of salt water into wells and aquifers.
"Screening" means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees,
or densely planted vegetation.
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Jefferson County Code
Chapter 18.10 DEFINITIONS
"Seaward" means to or toward the sea.
Seawater Intrusion. (See "Salt water intrusion.")
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"Seawater intrusion protection zone (SIP7.)" means aquifers and land overlying aquifers with some degree of
vulnerability to seawater intrusion.
"Sedimentation" means the process by which material is transported and deposited by water or wind.
"Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake -induced ground
shaking, slope failure, settlement, or soil liquefaction.
"Sensitive areas" associated with JCC 18.20.345, Sexually oriented businesses, include: schools, day care facilities,
libraries, off-road public trails and paths, public indoor recreational facilities, hospitals, parks and playgrounds,
places of worship (i.e., churches), community centers, senior citizen centers, cemeteries, residential neighborhoods,
master planned resorts.
"Sensitive species" means species that could become threatened as classified by the State of Washington
Department of Fish and Wildlife, Nongame Program, and the Department of Natural Resources, Washington Natural
Heritage Plan.
"Service area" means a geographic area defined by a county or intergovernmental agreement in which a defined set
of public facilities provides service to development within the area (e.g., an area identified by a public water system
that includes the ability to provide a water tap).
"Setback" means the distance a structure is placed behind a specified line or topographic feature.
"Sewerage treatment facilities" means the management, storage, collection, transportation, treatment, utilization, and
processing of sewage from a municipal or community sewage treatment plant, not including community drain fields.
"Sexually oriented business" means:
(1) Any exhibition, performance or dance conducted in an sexually oriented business facility where such exhibition,
performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing,
or simulating any specified sexual activities or any specified anatomical areas; or
(2) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a sexually
oriented business facility where such exhibition, performance or dance is performed for, arranged with, or engaged
in with fewer than all patrons in the sexually oriented business facility at that time, with separate consideration paid,
either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation,
such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing,
lap dancing, private dancing or straddle dancing; or
(3) Sexually oriented retail store, meaning an enclosed building, or any portion thereof, which, for money or any
other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental,
loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a
significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan,
trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the
business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the
business if sexually oriented materials account for:
(a) Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period;
(b) Twenty-five percent or more of the floor area of the store open to the public;
(c) Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store;
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Chapter 18.10 DEFINITIONS
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(d) Twenty-five percent or more of the store's inventory (whether measured by retail dollar value or number of
items); or
(e) Twenty-five percent or more of the store's stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be
considered a sexually oriented retail store.
(4) Also see JCC 5.10.030 for a more complete list of definitions.
"Shooting range" means a facility specifically designed and used for safe shooting practice with firearms and/or for
archery practice, with individual or group firing positions for specific weaponry.
"Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended.
"Shoreline Master Program (SMP)" means the Jefferson County Shoreline Master Program.
"Short plat" means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county
auditor, and containing all elements and requirements set forth in Chapter 18.35 JCC.
"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to
advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product,
service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors,
illumination or projected images. Excluded from this definition are signs required by law, such as handicapped
parking signs, and the flags of national and state governments.
"Sign, commercial" means a sign that directs attention to a business or profession, to a commodity or service sold,
offered, or manufactured, or to an entertainment offered on the premises where the sign is located.
"Sign, freestanding" means a sign not attached to a structure.
"Silviculture" means the study and practice of controlling the establishment, composition, constitution, health,
growth, and quality of forests stands.
"Single-family residence" means a dwelling unit designed for and occupied by no more than one family.
"Small equipment repair, sales and rental services" means commercial establishments engaged primarily in the
repair, and/or rental and sale of small equipment, including, but not limited to, tools, watches, appliances, televisions
and other electronic devices, computers, lawnmowers, bicycles and similar items.
"Small-scale" means of a size or intensity which has minimal impacts on the surrounding area and which makes
minimal demands on the existing infrastructure.
"Small-scale recreation or tourist uses" means those isolated uses which are leisure or recreational in nature; are
reliant upon a rural setting or location; do not include any new residential development beyond that allowed in the
underlying land use district; and otherwise meet the performance standards in JCC 18.20.350. See RCW
36.70A.070(5)(d)(ii).
"Soil log" means the excavation and written record of soil septic suitability as per health department written
guidelines and requirements.
"Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes, except wastes identified in
WAC 173-304-015, including, but not limited to, junk vehicles, garbage, rubbish, ashes, industrial wastes, swill,
demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, but excluding
agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-
solid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural
operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from
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Chapter 18.10 DEFINITIONS
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septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations
shall be considered solid waste.
"Solid waste disposal" means the act or process of disposing of rubbish and garbage.
"Sound" means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a
medium with internal forces that causes compression and rarefaction of that medium, including any characteristics
of sound, such as duration, intensity, and frequency.
"Source of contamination" means a facility or disposal or storage site for material that impairs the quality of
groundwater to a degree that creates a potential hazard to the environment, public health, or interferes with a
beneficial use; or in reference to well drilling, a specific area or source as defined in WAC 173-160-171.
"Special flood hazard" means land in the floodplain subject to a one percent or greater chance of flooding in any
given year.
"Special report" means a technical report or study containing certain site analyses or project evaluations or a plan
describing mitigation or monitoring recommendations.
"Sprawl, low density" means scattered, poorly planned low density development that occurs particularly in urban
fringe and rural areas and frequently invades land important for environmental and natural resource protection.
Sprawl typically manifests itself in one or more of the following patterns:
(a) Leap frog development: when new development of urban or suburban character is sited away from an
existing developed urban or suburban area, bypassing vacant parcels located in or closer to the developed area
that are suitable for development;
(b) Strip development: when large amounts of commercial, retail, or other nonresidential development are
located in a linear pattern along one or both sides of a major arterial or collector and, typically, accessing
directly onto the arterial or collector; and
(c) Large expanses of low density, single-family dwelling development, outside of urban areas, rural village
centers, or master planned resorts, that are located in relatively close proximity to one another.
"State endangered species" means a species native to the state of Washington that is seriously threatened with
extinction throughout all or a significant portion of its range within the state. Endangered species are legally
designated in WAC 232-12-014.
"State sensitive species" means a species, native to the state of Washington, that is vulnerable or declining and is
likely to become endangered or threatened in a significant portion of its range within the state without cooperative
management or the removal of threats. Sensitive species are legally designated in WAC 232-12-011.
"State threatened species" means a species, native to the state of Washington, that is likely to become endangered in
the foreseeable future throughout a significant portion of its range within the state without cooperative management
or the removal of threats. Threatened species are legally designated in WAC 232-12-011.
"Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other
enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting,
receiving and shipping are offered to the public; provided, that "stockyard" shall not include any facilities where
livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
"Storage yard, outdoor" means an outdoor area used for the storage of equipment, vehicles or materials for periods
exceeding 72 hours.
"Street" means a public or private thoroughfare or easement that affords primary means of access. For the purposes
of Chapter 18.35 JCC, the definition of street includes all public and private utilities such as communication lines,
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Chapter 18.10 DEFINITIONS
cable television lines, electrical lines and equipment, gas distribution lines, stormwater, sidewalks, and other similar
facilities commonly found in street rights-of-way.
"Street or road frontage" means the length along a street which a structure, business, or lot abuts or fronts.
"Structure" means a permanent or temporary edifice or building or any piece of work artificially built up or
composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the
ground or water, except for vessels (WAC 173-27-030).
"Subarea plan" means a detailed plan consistent with but more specific than this code or the Comprehensive Plan. It
may be a detailed land use plan for a specific geographic area, or a functional long-range plan for a land use or
resource issue of county -wide concern.
"Subdivision" means the division or redivision of land into lots, tracts, parcels sites or divisions for the purpose of
sale, lease or transfer of ownership.
"Subdivision, alteration of means the alteration of lots or changes in dedications or restrictions or easements shown
on the face of a plat of a subdivision or short subdivision; except as provided by RCW 58.17.040(6) for boundary
line adjustments.
"Subdivision development standards" means the county's engineering, design and construction standards and
specifications contained in Chapter 18.30 JCC, including any incorporated standards, governing the construction of
public and private improvements serving new divisions of land. The county's subdivision development standards
include the adopted public works standards for design and construction of transportation facilities and standards for
clearing and grading, erosion control, stormwater facilities, and water and sewage disposal improvements.
"Subdivision, long" means the division or redivision of land into five or more lots, tracts, parcels or sites or
divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, phased" means a subdivision that is developed in increments over a period of time.
"Subdivision, short" means the division or redivision of land into four or fewer lots, tracts, parcels or sites or
divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, vacation of means the removal of lots, boundaries, roads, dedications, restrictions, or easements of a
recorded subdivision or short subdivision.
"Surface mine" means any area or areas in close proximity to each other, as determined by the department, where
extraction of minerals results: (a) in more than three acres of disturbed area, (b) surface -mined slopes greater than 30
feet high and steeper than one foot horizontal to one foot vertical, (c) more than one acre of disturbed area within an
eight -acre area; when the disturbed area results from mineral prospecting or exploration activities. Surface mines
include areas where mineral extraction from the surface or subsurface occurs by the auger method or by reworking
mine refuse or tailings, when the disturbed area exceeds the size or height thresholds listed in of this definition.
Surface mining occurs when operations have created or are intended to create a surface mine as defined by this
subsection. Surface mining shall exclude excavations or grading used primarily for on-site construction, on-site road
maintenance, or on-site landfill construction, for the purpose of public safety or restoring the land following a
natural disaster, for the purpose of removing stockpiles, for forest or farm road construction or maintenance on site
or on contiguous lands, primarily for public works projects if the mines are owned or primarily operated by counties
with 1993 populations of less than 20,000 persons, and if each mine has less than seven acres of disturbed area, and
for sand authorized by RCW 79A.05.630.
Surrounding (Area or Property). A lot of record shall be considered to be a "surrounding" property with respect to
the subject parcel or parcels if any portion of that lot of record is within 300 feet of any boundary of the subject
parcel(s) when the subject parcel(s) is/are designated on the Land Use Map as rural, residential, resource area, or
parks preserve and recreation and shall be considered surrounding if any portion of the lot of record is within 100
feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are designated as urban growth area or
rural commercial. For industrial the criteria for "surrounding" property shall be 600 feet.
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Chapter 18.10 DEFINITIONS
"Sustainable" means actions or activities which preserve and enhance resources for future generations. [Ord. 3-12 §
1 (Exh. H); Ord. 8-06 § 1 ]
18.10.200 T definitions.
"Threatened species" means a species that is likely to become an endangered species within the foreseeable future,
as classified by the Washington Department of Fish and Wildlife, Wildlife Policy No. 602, and the Department of
Natural Resources, Washington Natural Heritage Program.
"Threshold determination" means the decision by the responsible official under the State Environmental Policy Act
(SEPA) regarding the likelihood that a project or other "action' (WAC 197-11-704) will have a probable significant
adverse impact on an element of the environment.
"Timber land" means land supporting or capable of supporting a stand of merchantable timber and which is not
being developed or used for an activity which is incompatible with timber production.
Tract. (See "Lot.")
"Trailer" means a structure standing on wheels, towed or hauled by another vehicle, and used for short-term human
occupancy, carrying of materials, goods, or objects, or as a temporary office.
"Transfer of development rights (TDR)" means the transfer of the right to develop or build, expressed in dwelling
units per acre, from land in one land use designation to land in another designation or from one property owner to
another, where such a transfer is permitted.
"Transient accommodations" means a commercial use involving the rental of any structure or portion thereof for the
purpose of providing lodging for periods less than 30 days.
"Transient residence or transient ADU" means a single-family residential unit or ADU used for short-term transient
occupancy (for periods less than 30 days).
"Transportation facilities" means roads, trails, airports, airfields, public docks, ferries and related terminals, and
parking areas.
"Tree line" means the line created by existing trees, at the trunk line, growing in a generally continuous line, as
opposed to a line drawn between a few isolated trees. [Ord. 8-06 § I]
18.10.210 U definitions.
"Unimproved, dormant platted land" means land within the limits of a plat recorded prior to 1937 that, as of the date
of the initial adoption of the ordinance codified in this Unified Development Code, does not contain a building that
is or has been used as a dwelling unit or as a viable business facility.
"Uplands" means lands outside of the jurisdiction of the Shoreline Master Program.
"Urban growth" means growth that makes intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of
food and other agricultural products, or forests, or the extraction of mineral resources.
"Urban growth area" means an area designated by the county within which urban growth is to be encouraged and
outside of which growth is not intended to be urban in nature. (cf. Chapter 36.70A RCW.)
Urban Services. Pursuant to RCW 36.70A.030 (19), urban services are those public services and public facilities at
an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems,
municipal water systems, street cleaning services, fire and police protection services, public transit services, street
improvements such as sidewalks, curbs and gutters and other public utilities associated with urban areas and
normally not associated with rural.
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Chapter 18.10 DEFINITIONS
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"Use" means the purpose that land or building or structures now serve or for which they are or may be occupied,
maintained, arranged, designed, or intended.
"Utilities" means facilities serving the public through a network of wires or pipes, and ancillary structures thereto,
including systems for the delivery of natural gas, electricity, and telecommunications services.
"Utility distribution lines" means pipes, wires, and associated structural supports.
"Utility facilities" means facilities directly used for the distribution or transmission of services to an area, excluding
utility service offices.
"Utility substations" means the intermediate substations used for the transmission of utilities. (See "Utility
facilities.")
"Utility transmission lines" means pipes, wires and associated structural supports. [Ord. 8-06 § 11
18.10.220 V definitions.
"Vacation, roads and streets" means a statutory procedure by which the county may relinquish its interest in streets,
alleys, or easements.
"Variance" means the means by which an adjustment is made in the application of the specific bulk, dimensional, or
performance standards set forth in this code to a particular piece of property, which property, because of special
circumstances applicable to it is deprived of privileges commonly enjoyed by other properties in the same land use
designation or vicinity and which adjustment remedies disparity in privileges. Variances shall not be used to vary
from the allowable, conditional and prohibited uses set forth in Table 3-1 in JCC 18.15.040.
"Variance, major" means all variances other than those meeting the definition of a minor variance.
"Variance, minor" means variances that would permit expansion of an existing building that would extend no more
than 10 percent beyond the dimensional, area and bulk requirements specified by this code. Minor variances also
include variances to allow expansion of an existing building that is nonconforming as to setback or lot coverage
requirements when the proposed expansion would not:
(a) Increase the nonconformity of the building; and
(b) Result in any portion of the building or expansion being located closer to the nearest abutting property line
than does the existing building at its nearest point to the property line.
"Vicinity" means, in rural and resource lands, the area generally within one mile of the exterior boundary of a given
parcel. [Ord. 8-06 § 1]
18.10.230 W definitions.
"WAC" means the Washington Administrative Code.
WADOT. (See "WSDOT" or "DOT.")
"Warehouse (or wholesale distribution center)" means a building, establishment or place of business used primarily
for the storage of goods and materials for commercial or industrial purposes. Retail sales from such establishments
shall be incidental to the primary use and limited to that allowed by JCC 18.20.220, Industrial uses — Standards for
site development.
Warehouse, Agricultural. (See "Agricultural warehouse (public warehouse).")
"Water conservation" means a reduction in the amount of water used to carry out a beneficial water use without a
reduction in the value of service the water provides.
"Water, ground" means all waters that exist beneath the land surface or beneath the bed of any stream, lake or
reservoir, or any other body of water within the boundaries of the state, as defined in RCW 90.44.035.
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Chapter 18.10 DEFINITIONS
"Water, potable" means water suitable for human consumption.
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"Water purveyor" means any agency or subdivision of the state or any municipal corporation, firm, company,
mutual or cooperative association, institution, partnership, or person or any other entity that owns or operates a
public water system. Includes the authorized agents of any such entities.
"Water storage tanks" means tanks or reservoirs used for the storage of water.
"Water supply plans" means a design sketch showing proposed source and lots to be served or detailed engineering
plans and specifications.
"Water system, alternative" means any source of water for an individual single-family use other than a legally
constructed well that produces more than 400 gallons per day, or an approved public water system that can provide
adequate water for the intended use of a structure.
"Water system, approved" means any water source approved by the county health department and Washington
Department of Health, including but not limited to wells, ponds, roof collection systems, treated systems, and public
water supplies.
"Water system, individual (residential)" means any water supply system which is not subject to the State Board of
Health drinking water regulations, Chapter 246-290 WAC. An individual water supply system generally provides
water to one single-family residence and no more than one accessory dwelling unit, or in the case of family farms,
four or fewer connections on the same farm.
"Water system, public" means any water system subject to the State Board of Health drinking water regulations,
Chapter 246-290 WAC, excluding a system serving only one single-family residence or a system with four or fewer
connections all of which serve residences on the same farm, providing piped water for human consumption,
including (a) any collection, treatment, storage or distribution facilities which are under control of the purveyor and
used primarily in connection with a system, and (b) any collection of pretreatment storage facilities which are not
under the control of the purveyor but are primarily used in connection with the system.
"WDFW" means Washington Department of Fish and Wildlife.
"WDOE" means the Washington Department of Ecology. (See "Ecology (WDOE).")
"Well testing" means acquiring data directly from a constructed well in order to determine characteristics of the
well, the water found in the well, or the geologic formations through which the well has passed. The well test may
include pump testing, water quality testing, or geophysical testing.
"Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands
do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to
irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, excepting those wetlands created for mitigation purposes.
"Wetland alteration" means any human -induced action which impacts the existing condition of a wetland or its
buffer. Alterations include but are not limited to: grading; filling; dredging; draining; channelizing; installing
drainage tiles; cutting, pruning, limbing or topping, clearing, relocating, planting or removing vegetation; applying
herbicides or pesticides or any hazardous or toxic substance; discharging pollutants excepting stormwater; grazing
domestic animals; paving, construction, application of gravel; modifying for surface water management purposes; or
any other human activity that impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does
not include walking, passive recreation, fishing, or other similar activities.
"Wetland buffer" means the area immediately adjoining and contiguous with a wetland.
"Wetland creation" means the action performed to intentionally establish a wetland or a portion of a wetland where
one did not formerly exist.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 37/37
Chapter 18.10 DEFINITIONS
"Wetland delineation" means the technical process of determining the edge of the wetland in the field and
ascertaining its classification and value.
"Wetland edge" means the boundary of a wetland as identified using the required wetland delineation procedure.
"Wetland, emergent" means a regulated wetland, or portion thereof, with at least 30 percent of the surface area
covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
"Wetland enhancement" means alteration of an existing wetland or habitat to improve or increase its characteristics
and processes without degrading other existing functions. Enhancements are to be distinguished from wetland or
habitat creation or restoration projects.
"Wetland, forested" means a regulated wetland, or portion thereof, with at least 20 percent of the surface area
covered by woody vegetation greater than 20 feet in height.
"Wetland functions and values" means the beneficial roles performed by wetlands include but are not limited to:
water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance
and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and
archaeological and aesthetic value; and recreation.
"Wetland, isolated" means those regulated wetlands which:
(a) Are outside of and not contiguous to any 100 -year floodplain of a lake, river, or stream;
(b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water; and
(c) Have no surface water connection to a lake, river, or stream during any part of the year.
"Wetland, maintenance and repair" means activities that change the size or scope of a use or structure beyond its
original nature; or which drain, dredge, fill, flood, or otherwise alter additional regulated efiv+FOflmentally
critical areas.
"Wetland, regulated" means a wetland that meets the standards of this code. However, a wetland that does not meet
these standards may still be regulated under the federal Clean Water Act.
"Wetland restoration" means the actions performed to re-establish a wetland in an area which was historically
wetland but which does not now provide or contain the necessary functional characteristics.
"Wetland, scrub -shrub" means a regulated wetland with at least 30 percent of its surface area covered by woody
vegetation less than 20 feet in height as the uppermost strata.
"Wildlife (wildlife species)" includes both plant and animal species for the purposes of this code.
"WSDOT" means Washington State Department of Transportation. (See also "WADOT" or "DOT.") [Ord. 8-06 §
1]
18.10.240 X definitions.
"Xeriscaping" means a water -conserving method of landscaping that utilizes native or other plants that are drought -
tolerant. [Ord. 8-06 § 11
18.10.250 Y definitions.
Reserved. [Ord. 8-06 § 11
18.10.260 Z definitions.
Reserved. [Ord. 8-06 § 1 ]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Sections:
Chapter 18.15
LAND USE DISTRICTS
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 pefmit 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.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Page 1/63
Jefferson County Code
Chapter 18.t5 LAND USE DISTRICTS
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.
l 8.15.135 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.
18.15.155 Established.
18.15.160 Official maps.
18.15.165 Repealed.
Article VI. Overlay Districts
Article VI -A. Purpose
Article VI -B. Maps
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.
Page 2/63
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
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
18.15.405
18.15.410
18.15.415
18.15.420
18.15.425
18.15.430
18.15.435
18.15.440
18.15.445
18.15.450
18.15.451
18.15.452
Article VI -K. Airport Overlays
Designation.
Purpose of Airport Overlay I.
Disclosure provisions — Airport Overlay I.
Comment by the Port of Port Townsend.
Nuisance provisions.
Uses prohibited.
Purposes of Airport Overlay II.
Airport Overlay II Map.
Comment by the Port of Port Townsend.
Approval criterion — Conditional use permits.
Nuisance provisions.
Prohibited uses.
Page 3/63
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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Jefferson County Code Page 4/63
Chapter 18.15 LAND USE DISTRICTS
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 § I]
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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Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 5/63
(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, tavems/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/Q. 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.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 6/63
(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).'
(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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Jefferson County Code Page 7/63
Chapter 18.15 LAND USE DISTRICTS
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 servee�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
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 8/63
Chapter 18.15 LAND USE DISTRICTS
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
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
be consulted if the location of interest is subject to the SMP jurisdiction. See also Notes Ito 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:
Page 9/63
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
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 10/63
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
AP -20
Prime Agricultural Land
AL -20
Agricultural Land of Local Importance
F
Forest Resource Lands
CF -80
Commercial Forest
RF -40
Rural Forest
IF
Inholding Forest
RR
Rural Residential
RR 1:5
Rural Residential — 1 DU/5 Acres
RR 1:10
Rural Residential — I DU/ 10 Acres
RR 1:20
Rural Residential — 1 DU/20 Acres
RC
Rural Commercial
RVC
Rural Village Center
CC
Convenience Crossroads
NC
NeighborhoodlVisitor Crossroads
GC
General Crossroads
I
Rural Industrial
RBI
Resource -Based -Industrial
LI/C
Light Industrial/Commercial (Glen Cove)
LI
Light Industrial (Glen Cove)
LI/M
Light Industrial/Manufacturing
HI
Heavy Industrial
P
Public
PPR
Parks, Preserves and Recreation
UGA Urban Growth Area
[See Chapter 18.18 JCCI
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.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Ironda
R°ro
le and
Agrltvltu
Forest–
Commerc
1
1
1
1
Convmie
Restate
Light
Light
Light
Parks,
Port
rat–
DU/
DU/
DU/
Villa
nce
NcighborboodNi
General
ce-
IndmtciaVComme
[ndtsstr
IndustriaUMantdact
Heavy
Preserve
Hadlo
Prime
ial, Rural
5
10
20
ge
Cross—
sitor Crossroad
Crossro
Based
rcial
ial
uring
Industr
sand
ck
and Local
and
Acr
Acre
Acre
Cent
d
ad
Induslr
(Glen Cove)
(Glen
(Quilcene and
in]
Recreati
Inholding
es
s
s
ial
Cave)
East—)
on
Urban
er
Growt
h Arca
RR
RR
RR
Specific Land Use
AG
CF/RF/IF
1:5
1:10
1:201
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
HI
PPR
UGA
Residential Uses
Single -Family
Housing
Accessory dwellings
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
Yes
Yes
No
No
No
units
Caretaker residence
No
No
No
No
No
No
No
No
No
No
No
No
No
No
C(a)
(public pazks)
Co-housing/intentiomd
Yes
No
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
communities (subject to
PRRD overlay in RR
See
districts)
Chapte
Manufactured/mobile
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
No
No
No
No
No
No
r 18.18
home parks (subject to
JCC
PRRD overlay in RR
districts)
Single-family
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
residences
Transient rental of
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
residence or accessory
dwelling unit
Duplexes (subject to
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
meeting underlying
density requirements)
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Ironda
IC and
Forest—
1
1
1
Run
Resour
Light
Light
Paries,
Port
Agncullu
Commert
DL'/
DU/
DU/
1
Canvenie
General
cc -
Light Light
Indmtr
Industrial/Manufact
Heavy
Preserve
Hadle
rel—
ial, Rural
5
10
20
Villa
nee
Neighborhood/Vi
Crossro
Based
InduslriaVCamme
i al
uring
Industr
s and
ck
Prime
and
Acr
Acre
Acread
ge
Crossroa
sitar Crossroad
Induslr
rcial
(Glen
(Quilcene and
ial
Recreati
and Laval
Inholding
es
s
s
Cent
d
ial
(Glen Cove)
Cove)
Eastview)
on
Urban
er
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RFAF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LVM
HI
PPR
UGA
Farm worker housing
See JCC
No
No
No
No
No
No
No
No
No
No
No
No
No
No
t 8.20.030
Multifamily Housing
Multifamily residential
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
units (3+ units)
Residential care
No
No
Yes
Yes
Yes
Yes
No
Yes
No
No
No
No
No
No
facilities with up to 5
�No
persons
Residential care
No
No
C
C
C
Yes
No
No
No
No
No
No
No
No
No
facilities with 6 to 20
persons
Nursing/convalescentla
No
No
C
C
C
Yes
No
Yes
Yes
No
No
No
No
No
No
ssistcd living facilities
Unnamed residential
No
No
D
D
D
D
No
D
D
No
No
No
No
No
No
uses
Accessary Uses
Home businesses
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
No
No
See
Cottage industry (not
C(a)
C(a)
C(d)
CIA)
C(d)
Yes
No
Yes
Yes
No
Yes
Yes
Yes
No
No
Chapte
r 18.18
including recreational
JCC
marijuana)
Hobby kennel
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
Commercial Uses
Animal commercial
See JCC
C(d)
C(d)
C(d)
C(d)
C(d)
No
No
C(d)
No
No
No
No
No
No
kennel and catteries
18.20.030
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Ironda
le and
Forest–
1
1
I
Rum
Resour
Light
Light
Light
Parks,
Port
Agnculta
Cammerc
DU/
DU/
DU/
I
Convenie
Ger 1
ce•
Light
Industrial/Manutact
Heavy
Preserve
Hadlo
ral–
ial, Rural
5
10
20
Villa
nee
Neighborhood/Vi
Crossro
Rased
InduslrlaVComme
ial uring
Industr
s and
ck
Prime
and
A-
Acre
Acre
ge
Crossroa
sitor Crossroad
ad
Industr
rcial
Cove)
(Glen
(Ouilcene and
ial
Retread
and Local
s
s
Cent
Centes
d
fad
(Glen
Cove)
Eastview)
on
Urban
er
Growt
h Area
RR
RR
RR
Spe¢tFtc Land Use
AG
CF/RF/tF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
IH
PPR
UGA
Automotive service and
No
No
No
No
No
Yes
No
Yes
Yes
No
Yes
Yes
Yes
No
No
repair
Automotive service and
No
No
No
No
No
Yes
No
No
Yes
No
No
No
No
No
No
repair (with subordinate
auto sales)
Bed and breakfast inn
Yes
No
C(a)
C(a)
C(a)
Yes
No
Yes
Yes
No
No
No
No
No
No
(4 to 6 rooms)
Bed and breakfast
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
residence (1 to 3
I
rooms)
Boat storage,
No
No
No
No
No
Yes
No
Yes
No
Yes
Yes
Yes
No
No
commercial (outside o1
INo
SMP)
Boat building and
No
No
No
No
No
C
No
No
No
No
Yes
Yes
Yes
Yes
No
repair, commercial
Clirdcs (medical,
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
dental, and vision)
Convenience and video
No
No
No
No
No
Yes
I Yes
Yes
Yes
No
No
No
No
No
No
stores
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
No
I
No
No
No
No
C
C
No
C
No
C
No
No
No
No
Is.
businesses
I Chapte
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 14/63
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Resource Lands
Rural Residential
Rural Commercial
Rural Industrial
Public
UGA
Ironda
Agricultu
Forest—
I
1
1
Rurn
1
Converde
Resew
Light
Light
Light
Parks,
le and
Part
rale
Commerc
DU/
DU/
DU/
Villa
nee
Neighborhood/Vi
General
co-
IndustriaUComme
Industr
IndustriaVManutact
Heavy
Preserve
Radio
Prime
'a1, Rural
5
10
20
ge
Crosbroe
silor Crossroad
Crossro
Based
rcial
ial
uring
Indust/
sand
ck
and Local
and
Acr
Acre
Acre
C
d
ad
Industr
(Glen Cove)
(Glen(Quilcene
and
ial
Recrrad
Inholding
es
s
s
lot
Cave)
Fastview)
on
Urban
ert
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RFAF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
III
PPR
UGA
Small equipment repair,
See ICC
No
No
No
No
Yes
No
Yes
Yes
No
Yes
Yes
Yes
No
No
r 18.18
sales and rental services
18.20.030
JCC
Construction
No
No
No
No
No
Yes
No
Na/
Yes
No
Yes
Yes
Yes
No
No
contractor, commercial
Yes
Food and beverage
No
No
No
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
No
stands
Gas stations
No
No
No
No
No
Yes
Yes
Yes
Yes
No
No
No
No
No
No
Golf courses and
No
No
C
C
C
No
No
No
No
No
No
No
No
No
C
driving ranges
Grocery stores and gift
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
shops
Hotel/motel
No
No
No
No
No
Yes
No
No'
C
No
No
No
No
No
No
Indoor entertainment or
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
recreational facility
Liquor stores
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
Lumber yards/building
No
No
No
No
No
Yes
No
No
C
No
Yes
Yes
Yes
No
No
supply and materials
Marijuana recreational
C(d)
No
No
No
No
Yes
No
Yes
Ycs
Yes
Yes
Yes
Yes
Yes
No
retailer
Mini -storage facilities
No
No
No
No
No
Yes
No
C/
Yes
No
Yes
No
Yes
No
No
Yes'
Personal and
No
No
No
No
No
Yes
D
D
Yes
No
No
No
No
No
No
professional services
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
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
Ironda
Rlra
le and
Agricultu
Forest—
1
1
1
Convene
Resour
Light
Light
Light
Parks,
Port
rid
Commen
DU/
DU/
DU/
Villa
nce
Neighborbood/Vi
General
CC-
IndustriaVComme
Industr
Industrial/Manutact
Heavy
Preserve
Hadlo
Prime
Prime
ial, Rural
5
10
20
ge
Croasroe
sitor Crossroad
Crossro
Based
rcial
ial
wring
Industr
sand
ck
and Local
and
Acr
Acre
Acre
Cent
d
ad
Induslr
(Glm Cove)
(Glend
(Quficeoe and
ial
Retrea
Inholding
es
s
s
ial
Cove)
Eastview)
on
Urban
er
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RF/IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
HI
PPR
UGA
Resorts, master planned
See Article N of Chapter 18.15 JCC
(new)
Retail sales and
See JCC
No
No
No
No
D
D
Yes
No
No
No
No
No
No
services(not including
18.20.030
recreational marijuana
retail)
Vehicle sales, new and
No
No
No
No
No
dQa)
No
No
No/
No
No
No
No
No
No
used retail (auto and
C(a)"
RV)
Veterinary chnics and
See JCC
hospitals
18.20.030
Unnamed commercial
uses
No
No
No
No
Na
D
D
D
D
No
D
No
No
No
No
Industrial Uses
Bulk plant or terminal
No
No
No
No
No
No
No
No
No
No
C
C
C
C
No
facilities
Asphalt and concrete
No
C
No
Pio
No
No
No
No
No
No
No
No
No
Yes
No
See
batch plants
Chapte
118.18
Heavy equipment sales
No
No
No
No
No
C(a)
No
No
C(a)
No
Yes
Yes
Yes
No
No
JCC
and rental services
Heavy industrial,
No
No
No
No
No
No
No
No
No
C(a)
No
No
No
Yes
No
resource-based
Light
See JCC
No
No
No
No
No
No
No
No
C(a)
Yes
Yes
Yes
No
No
industrial/manufacmrin
18.20.030
g (not including
recreational marijuana
processing)
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRTCTS
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
Iranda
le and
Agricultu
Forest–
1
1
1
Run
1
Convme
Res—
Light
Light
Industr
Light
[ndustrisVManufaR
Heavy
Parks,
Preserve
Port
Hadlo
cal–
Commere
DU/
DU/
DU/
Villa
race
Neighborhood/Vi
General
ce-
IndmtriaVComme
Prim Pri
ial, Rural
5
10
20
ge
Crossroa
Siler Crossroad
Crossro
Based
Val
is]
acing
Indust/
sand
ck
and Local
and
Acr
Acre
Acre
Cent
d
ad
Industr
(Glen Cove)
(Glen
(Quilcene and
WRecreati
Inholding
es
s
s
ial
Cove)
Eastview)
on
Urban
er
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RF/IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LVM
HI
PPR
UGA
Food or beverage
See JCC
No
No
No
No
No
No
No
No
Yes
Yes
Yes
No
No
bottling and/or
18.20.030
�No
packaging
Outdoor storage yards
See ICC
No
No
No
No
No
No
No
No
C(a)
Yes
Yes
Yes
Yes
No
18.20.030
Recycling center
See JCC
No
No
No
No
No
No
No/C'
No/C °
No
Yes
Yes
Yes
No
No
18.20.030
Marijuana recreational
C(d)
C(d)
C(d)
C(d)
C(d)
No
No
No
No
Yes
Yes
Yes
Yes
Yes
No
processor
Mineral extraction
Yes
Yes
C
C
C
No
No
No
No
No
No
No
No
No
No
activities (without MRI.
overlay)
Mineral extraction
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
activities (./MRL
overlay) (I0 -acre min.
lot size)
Mineral processing
C
C
C
C
C
No
No
No
No
Yes
C
C
C
Yes
No
accexsory to extraction
operations (without
MRL overlay)
Mineral processing
Yes
Yes
C
C
C
No
No
No
No
Yes
No
No
No
Yes
No
accessory to extraction
operations (w/MRL
overlay)
Wareh—twholesale
See JCC
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
No
No
See
distribution center
18.20.030
Chapte
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 17/63
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Resource Lands
Rural
Residential
Rural
Commeraal
Run]
Industrial
Public
UGA
Ironda
Run
k and
Forest—
1
1
1
Resour
Light
Light
Parks,
Port
Agricultu
Commerc
DL`/
DU/
DU/
1
Convenie
General
ce-
Light
Indoslr
[ndustriaUManulact
Heavy
Preserve
Hadlo
rat—
ial, Rural
5
10
ZO
Villa
nee
Neighborhood/Vi
Crossro
Based
InduslriaVComme
ud
urtng
tndustr
sand
ck
Prime
and
Acr
Acre
Acre
lie
Crossroa
&itor Crossroad
ad
Industr
rcisl
(Glen
(Quikene and
is]Recreati
and Local
Inholding
es
s
s
Cent
d
lot
(Glen Cove)
Cove)
Eastview)
on
Urban
er
Growl
h Area
RR
RR
RR
Speck Land Use
AG
CF/RF/IF
1:5
1:10
1:20
CC
NC
GC
RI
LI/C
Li
LI/M
HI
PPR
UGA
(Automobile) wrecking
No
No
No
No
No
No
No/
No/
No
No
No
Yes
Yes
No
r 18.18
yards and junk (or
JNoNo
Yes'
Yes r
ICC
salvage) yards
1 lnnamed industrial
uses
No
No
No
No
No
No
No
D
D
D
D
D
No
Institutional Uses
Fssential Public
See JCC 18.15.110
Facilities'
Airports (w/o airport
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
EPF overlay)
Educational facilities
No
No
C
C
C
C
I No
C
C
C
C
C
C
No
No
(state owned)
Targe -scale regional
No
No
C
C
C
C
No
C
C
C
C
C
C
C
No
transportation facilities
(state owned) (e.g.,
freeways, ferry
terminals)
Correctional facilities
No
No
C
C
C
C
No
C
C
C
C
C
C
C
No
Solid waste handling
No
No
C
C
C
C
No
C
C
C
C
C
C
C
No
and disposal facilities
Inpatient substance
No
No
C
C
C
C
No
C
C
No
No
No
No
No
No
abuse and mental health
facilities
Unnamed essential
See JCC
No
C
C
C
C
C
C
C
C
public facilities
18.20.030
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
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
Ironda
Run
le and
Agr
Forest–
Co
1
1
DU/
1
DU/
1
Convenie
Resour
Light
Light
Light
Parks,
Port
I–
mmerc
DL'/
Villa
nee
Neighborssroad
General
cc-
Indus triaVComme
Indastr
IndustriaUManufact
Heavy
Preserve
Iladlo
Prime
rim
ial, Rural
5
10
20
ge
Crossroa
sitor Crossroad
Crossro
Based
rcial
ial
ucing
Industr
sand
ck
and Local
and
Acr
Acre
Acrc
Cent
d
ad
Jndustr
(Gk�rr Cove)
(Glen
(Quiltene and
ial
Recreati
[nholding
es
s
s
ial
Cove)
EastA-)
on
Urban
cr
Growt
h Area
RR
RR
RR
Specific Land Use
AG
I CF/RF/tF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LVC
LI
LI/M
III
PPR
UGA
Public Purpose
INo
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
No
C(d)
C(d)
C(d)
Yes
No
C(a)
C(a)
No
No
No
No
No
18.20.030
College or technical
See ICC
No
No
No
No
C
No
C
C
No
No
No
No
No
No
school/adult education
18.20.030
facility (not statew
aned)
Emergency serviees
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
(police, fire, EMS)
Government offices
No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
C(a)
Uhrary
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 playficlds
C
C
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Ycs
Yes
Yes
Ycs
See
Chapte
Post office
No
No
No
No
No
Yes
Yes
Yesr
Yes
No
Na
No
No
No
No
18.18
!CC
Public works
C
C
C(d)
C(d)
C(d)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
maimenance/equipment
storage shops
Recreational facilities
C
C
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Recycling collection
See JCC
C(a)
C(a)
C(a)
C(a)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
C(a)
facilities
18.20.030
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Run] Industrial
Public
UGA
Ironda
le and
Forest–
1
1
1
Run
ResourLight
Light
Light
Parks,
Part
Agriavltu
Co.—DL'/
DU/
DU/
1
Convene
General
cc-
Iodustr
Industrial/Mamdact
Heavy
Preserve
Hadlo
rola
ial, Rural
5
10
20
Villa
race
Neighborhood/V]
Crossro
Bash
Indmtria//Comme
riaV
i at
wring
Industr
sand
ck
Prime
and
Acr
Acre
Acre
ge
Crossroa
sitor Crossroad
ad
Industr
rcial
Cove)
(Glen
(Qu]Icene and
hillRe—tiand
Loral
Inholding
es
s
s
Cent
d
ial
(Glen
Cove)
EastVkw)
on
Urban
er
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RF/tF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LVC
LI
LI/M
HI
PPR
UGA
School, primary and
See JCC
No
C
C
C
C
No
No
C
No
No
No
No
No
No
secondary
18.20.030
Visitorflnterpretive
No
C(d)
C(d)
C(d)
C(d)
C(d)
No
C(d)
C(d)
No
No
No
No
No
C(d)
center
Water/wastewater
No
No
C(d)
C(d)
C(d)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
C(d)
treatment facilities
Cemeteries
No
No
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
Religious assembly
No
No
C(d)
C(d)
C(d)
C(a)
No
C(a)
C(a)
No
No
No
No
No
No
facility
Unnamed institutional
MICS
No
No
D
D
D
D
D
D
D
D
D
D
D
D
D
Small -Scale
Recreation and
Tourist Uses
Aerial recreational
No
No
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
activities (e.g., balloon
rides, ghdm)
Animal preserves and
No
No
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
game farms with
dangerous wild animals
Animal [auris[ farms
See JCC
See
Chapte
with domestic and
18.20.030
r 18.18
nondangerous wild
ICC
animals
Agritourism
See JCC
18.20.030
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Rum] Industrial
Public
UGA
Iroada
Hit
le and
Agricultu
Forest—
1
1
1
1
Convenie
Resour
Light
Light
Light
Parks,
Part
ral—
Commere
DU/
DU/
DU/
Villa
nce
Neighborhood/Vi
General
cc"
Industr]a]/Comme
Iadustr
Industr]al/Manufact
Heavy
Preserve
Hadlo
Prime
ial, Rural
5
10
20
ge
Crossroa
s;tor Crossroad
Crossm
Based
rc]al
ial
wring
Industr
sand
ck
and Local
and
Acr
Acre
Acre
Cent
d
ad
indastr
(Glen Cove)
(Glen
( ne and
ial
Recreati
Inholdirtg
es
s
s
er
ial
Cove)
East
Eastview)
on
Urban
Growt
h Area
RR
RR
RR
Specific Land Use
AG
CF/RF/IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
HI
PPR
UGA
Campgrounds and
See JCC
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
Yes
camping facilities, new
18.20.030
Campgrounds, camping
See JCC
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
Yes
facilities and small-
18.20.030
scale resorts; expansion
of existing facilities
Cultural festival and
C(d)
C(d)
C(d)
C(d)
C(d)
C(d)
No
C(d)
C(d)
No
No
No
No
No
Yes
historic sites,
permanent
Equestrian centers
C(d)
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
Wldoorcommercial
See ICC
No
C
C
C
Yes
No
No
Ycs
No
No
No
No
No
No
amusement facilities
18.20.030
Outdoor archery ranges
No
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
Recreational, cultural m
See ICC
No
C
C
C
C(d)
No
C(d)
No
No
No
No
No
No
religious conference
18.20.030
INo
center/retteat facilities
Recreational vehicle
No
C(d)
C(d)
C(d)
C(d)
Yes
No
No
Yes
No
No
No
No
No
No
parks
Outdoor shooting
No
C
No
No
No
No
No
No
No
No
No
No
No
No
No
ranges
Outdoor recreational
See JCC
No
C(d)
C(d)
C(d)
Yes
No
Yes
Yes
No
No
No
No
No
No
equipment rental and/or
18.20.030
guide services
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
Sce ICC
No
C(d)
C(d)
C(d)
N/A
N/A
N/A
N/A
No
No
No
No
No
No
See
when associated with a
18.20.030
I
Chapte
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 21/63
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Resource Lands
Rural Residential
Runt Commercial
Rural Industrial
Public
UGA
Ironda
Ir and
Agricullu
Forest–
1
1
1
Run
t
Convente
Resour
Light
Light
Light
Heavy
Parks,
Preserve
Port
Iladlo
rat–
Commerc
DU/
DU/
DU/
VIII.
race
Netghborhdi
Generalce-
IndustriaUComme
Industr
IndustriaVManufact
Prime
ial, Rural
5
10
20
ge
Crossroe
sitor Crossroad
Crassro
Based
Val
tat
uring
Indust/
sand
ck
and Local
and
Ace
Acre
Acre
Cent
d
ad
Induslr
(Glen Cave)
(Glen
(Quilcene and
tat
Recrnti
Inholding
es
s
s
ial
Cave)
Eastvim)
on
Urban
er
G—t
h Area
RR
RR
RR
SWIM Land Use
AG
CF/RF/IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LUC
LI
LI/M
HI
PPR
UGA
primary recreational or
r 18.18
tourist use
JCC
Recreational off-road
No
C
No
No
No
No
No
No
No
No
No
No
No
No
No
vehicle (ORV) and all -
terrain vehicle (ATV)
parks and recreational
areas
Rural recreational
See JCC
No
C
C
C
N/A
N/A
N/A
N/A
No
No
No
No
No
No
lodging or cabins for
18.20.030
transient rental
Unnamed small-scale
See JCC
No
C(d)
C(d)
C(d)
D
D
D
D
No
No
No
No
No
D
recreation and tourist
uses
18.20.030
Temporary Uses
Seasonal roadside
See JCC 18.20.330
stands
Temporary fcstivali
See JCC 18.20.390
Temporary outdoor
uses
See JCC 18.20.380
Transportation Uses
Park and ride
C(d) C(d) C(d)
C(d) C(d)
Yes Yes Yes Yes Yes Yes Ycs
Yes Yee Yes
lots/transit facilities
Roads, public or private
Yes Yes Yes
Yes Yes
Yes Yes Yes Yes Yes Yes Yes
Yes Yes Yes
Trails and paths, public
Yes Yes Yes
Yes Yes
Yes Yes Yes Yes Yes Yes Yes
Yes Yes Yes
or private
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
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
Ironda
Run
le and
AgricWtu
Forest—
1
I
1
1
Convene
Resour
Lig
Light
Light
Light
Parks,
Port
Mi—
Commerc
DU/
DU/
DU/
Vila
nee
NeighborboodlVi
General
cc-
IndustrisVComme
Indal
Industruring ulad
Heavy
Preserve
Hadlo
Prime
isl, Rural
5
10
20
ge
Croasroa
sitor Crossroad
Crossro
Based
rcial
isl
wring
Industr
sand
ck
and Local
and
Acr
Acre
Acre
Cent
it
ad
Indust/
(Glen Cove)
(Glen
(Q and
ial
Recreati
Inholdhtg
es
s
s
er
isl
Cove)
astvi
Eastview)
on
Urban
Growl
h Area
RR
RR
RR
Specific Land Use
AG
CF/RF/IF
1:5
1:10
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
Cotmnercial
See ICC 18.20.130
communication
facilities
Utility developments,
C CC
C C C
C
C C
C
C C
C C C
major
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
Agricultural and
Forestry Uses
Agricultural activities
See JCC 18.20.030
and accessory uses
Ayuacultural uses and
Yes
No
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
See
activities (outside of
Chapte
shoreline jurisdiction)
r 18.18
Aquatic plant and
See ]CC
No
No
No
No
No
Na
No
No
No
Yes
Yes
Yes
Yes
No
ICC
animal processing and
18.20.030
storage
Lumber mills and
See ICC
C(a)
No
No
No
No
No
No
No
Yes
No
No
No
Yes
No
associated forestry
18.20.030
processing activities
and uses
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
Iranda
Run
le and
Agricultu
Forest–
1
1
1
1
Convenie
Resour
Light
Light
Light
Parks,
Port
rani
Commerc
DU/
DU/
DU/
Villa
nce
NeighbarhoodNi
General
ce-
IndustriaVComme
Industr
Industrial/Mamdact
Heavy
Preserve
Hadlo
Prime
ial, Rural
ial,
5
10
20
Cross-
Based
ial
wring
Industr
sand
ck
Local
and
Acr
Acre
Acre
Cent
Crosvros
sitar Crossroad
ad
Industr
rcial
(Glen
(Quilcene and
ial
Retread
and
Inholdin�g
es
s
s
d
ial
(Glen Cove)
Cove)
Eastvim)
on
Urban
er
Growt
It Ares
RR
RR
RR
Specdc Land Use
AG
CF/RF/IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LI/C
LI
LI/M
HI
PPR
UGA
Marijuana Recreational
Yes
C(d)
C(d)
C(d)
C(d)
No
No
No
No
Yes
Yes
Yes
Yes
Yes
No
Producer
Nurseries
Yes
Yes
C(d)
C(d)
C(d)
Yes
No
Yes
Yes
No
No
No
No
No
No
Unnamed agricultural
D
D
D
D
D
No
No
No
No
No
No
No
No
No
No
and forestry uses
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 24/63
Chapter 18.15 LAND USE DISTRICTS
1 Four 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
717our 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 § 11
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 § 11
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.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Page 25/63
(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 § I]
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 § I]
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 § I
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 § 11
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 § 11
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.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 26/63
Chapter 18.15 LAND USE DISTRICTS
(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 § I]
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 Speeial 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 critical 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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Chapter 18.15 LAND USE DISTRICTS
0) Aviation museum and/or visitor interpretive center;
(k) Automobile parking; and
(1) 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;
0) 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 § 11
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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 § 11
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 Offleially designated Fflasief: Planfied fesaft ift the eaunty is the Part Ludlow N4PR, pfevisions 44whieh are
60dified it; W -C T41P_ 1:7. T-hP- A444 Ludlow N4PR is adapted pur-suant to RGIA1 36.70A.362 r-egardifig desigliatioR a
Raster- planned 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 § 11
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 envie-onment^"^ ^situ e< ritical 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 36.7013.170 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 43.21 C.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 ^ fi^'e "r D of this eh e
(Envirenmentally Sensitive Areas Distriet (PSA 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 § I
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 § 11
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 stiitabilit-�-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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Chapter 18.15 LAND USE DISTRICTS
(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 § 11
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);
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.15 LAND USE DISTRICTS
(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 § I]
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 9SAs Critical
Areas in Chapter 18.22 JCC' °-.z, '�5. 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 § 11
18.15.165 Environmentally sensitive areas (ESA) maps.
Repealed by Ord. 3-08. [Ord. 8-06 § I
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 rtigin
id VI r of this ,.hap. e . [Ord. 8-06 § 11
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 § 11
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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Chapter 18.15 LAND USE DISTRICTS
Page 37/63
(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."
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
Article VI -K. Airport Overlays
Page 40/63
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
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.15 LAND USE DISTRICTS
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
§ll
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 § I]
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);
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.15 LAND USE DISTRICTS
(4) Residential care facilities with six to 20 persons;
(5) Nursing/convalescent/assisted living facilities;
(6) Bed and breakfast inns (four to six rooms);
(7) Day care, commercial;
(8) Education facilities (state-owned);
(9) Assembly facilities;
(10) College or technical schools/adult education facilities (not state-owned);
(11) Parks and playfields;
(12) Recreational facilities;
(13) Schools, primary and secondary;
(14) Religious assembly facilities;
(15) Outdoor commercial amusement facilities; and
(16) Recreational, cultural or religious conference center/retreat facilities.
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Any parcel or portion(s) of parcels located within the Airport Overlay I shall be subject to the incompatible use
prohibitions listed above. Any future changes to the underlying zoning or uses within the Airport Overlay I shall be
reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]
18.15.435 Purposes of Airport Overlay II.
The purposes of the Airport Overlay II are to apprise the public, property owners and developers of the existence of
the airport traffic pattern and impacts from routine aircraft over -flights, and to identify an airport safety zone within
which certain uses that involve higher concentrations of people will be prohibited for safety and compatibility
reasons (e.g., uses involving 100 persons or more in buildings). [Ord. 8-06 § 1]
18.15.440 Airport Overlay II Map.
Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an Airport Overlay II
map and supporting informational materials that identify the parcels located within the overlay. Such information
shall also be made available to the public through the county website and the county map database file, and be
included as a layer in the county GIS. The information made publicly available shall include a general notation
substantially stating as follows:
The Airport Overlay II includes areas that lie beneath the FAA mandated traffic pattern for
aircraft ascending or descending from the JCIA. As such, this area is subject to routine aircraft
over -flights. It is acknowledged that areas lying outside the delineated Airport Overlay II zone
may also be subject to aircraft over -flights.
[Ord. 8-06 § I]
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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Chapter 18.15 LAND USE DISTRICTS
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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Chapter 18.15 LAND USE DISTRICTS
(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 § I ]
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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Chapter 18.15 LAND USE DISTRICTS
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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 § 11
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 § I
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, eFwi...,.,.. eRtally nsisive.( ritical
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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Chapter 18.15 LAND USE DISTRICTS
(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 § 11
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 ] :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, critical 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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Chapter 18.15 LAND USE DISTRICTS
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 § 11
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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Chapter 18.15 LAND USE DISTRICTS
(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 ritical 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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Chapter 18.15 LAND USE DISTRICTS
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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 § 11
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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Chapter 18.15 LAND USE DISTRICTS
(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 e n v iranfnei4 lly sensiti*ecritical areas as set forth in des
ur r, through yr r of thi�i eChapter 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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Chapter 18.15 LAND USE DISTRICTS
(f) Preservation of unique natural features of the property; and
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(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 18.15 LAND USE DISTRICTS
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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 4;44040 N'r F of this ehap'_-~critical 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 § 11
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 § 11
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Chapter 18.15 LAND USE DISTRICTS
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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 § 11
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 § 11
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Chapter 18.15 LAND USE DISTRICTS
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 ritical 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 1.8.30 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
mentally nsit: critical 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
a o . ith the o nts of n .t:cle yr r of this Chapter 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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Chapter 18.15 LAND USE DISTRICTS
(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)0) 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.
0) 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)0).
(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).
(1) 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 § 11
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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Chapter 18.15 LAND USE DISTRICTS
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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 § 11
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 § 11
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)(1), 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 -13 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 (Ai4iele V! P of Chapter 19. 15 XC (EfiviFenmentally Sensitive Areas Distriet
(Eg.�4Chapter 18.22, Critical Areas and other applicable , e scha tern) 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 e►lvif:afiHieHtall
seisitivecritical areas as presented in Artiele 3,11 D of Chapter 18.4-522 JCC (hiwiranmeiitally Sensitive Areas
piss iet (98,4));
(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 § I]
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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Chapter 18.15 LAND USE DISTRICTS
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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Chapter 18.15 LAND USE DISTRICTS
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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 § 11
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
I 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."
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Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Chapter 18.18
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IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULATION IMPLEMENTATION
Sections:
18.18.005 General applicability.
18.18.010 Purpose.
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
18.18.030 Purpose of UGA land use and zoning districts.
18.18.040 Use tables.
18.18.050 Density, dimension and open space standards.
18.18.060 Development requirements and performance standards.
18.18.070 Landscaping.
18.18.080 Parking and pedestrian circulation.
18.18.090 Lighting.
18.18.100 Signs.
18.18.110 Design standards.
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
18.18.130 Development standards in this title.
18.18.005 General applicability.
The land use regulations in this chapter implement the Comprehensive Plan and ensure urban development is
accompanied by urban infrastructure and services, in compliance with the State Growth Management Act. The
availability of sewer facilities is a precondition to developing inside the UGA at urban densities or standards.
Jefferson County will apply urban standards to parcels where sewer is available. When sewer service is available,
refer to this chapter. [Ord. 9-09 § 2 (Exh. B)]
18.18.010 Purpose.
The purpose of this chapter is to establish land use controls and regulations for the unincorporated Irondale and Port
Hadlock urban growth area consistent with the adopted Jefferson County Comprehensive Plan.
Zoning designations are depicted on the map Irondale and Port Hadlock UGA Zoning, found as Figure 2-1 in the
Urban Growth Area Element of the Comprehensive Plan.
This chapter's development regulations shall be used for urban development that has urban services available. Urban
development will not be allowed before the availability of urban services, namely, sewer availability. Development
in those areas in the UGA that do not yet have sewer available shall be consistent with Chapter 18.19 JCC. See JCC
18.18.060, Development requirements and performance standards, for specific information about sewer availability
and when urban development standards will apply. If there is conflict between development regulations in this
chapter and elsewhere in this title, then this chapter prevails. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.020 Establishment of an growth area (UGA) land use and zoni districts.
Urban Growth Area (UGA)
Land Use Districts
Zoning Districts
Urban Residential
Urban low density residential
(ULDR)
Urban moderate density
residential (UMDR)
Urban high density residential
(UHDR)
Urban Commercial
Urban commercial (UC)
Visitor -oriented commercial
(VOC)
Urban Industrial
Urban light industrial (ULI)
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Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Public Public (P)
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)l
18.18.030 Purpose of UGA land use and zoning districts.
The purposes of the land use and zoning districts are as follows:
(1) Urban Commercial (UC). The purpose of the urban commercial designation is to provide for a wide range of
commercial activities and uses compatible with the expressed needs of the community that will provide goods and
services for the UGA, nearby residents and serve the traveling public;
(2) Visitor -Oriented Commercial (VOC). The purpose of this designation is to recognize the unique area of the Old
Alcohol Plant and allow commercial uses and for visitor -oriented lodging, goods and services that supplement the
historical and tourism -related character of this area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to provide for areas of single-
family urban residential development that are separate from commercial and industrial uses and activities;
(4) Urban Moderate Density Residential (UMDR). The purpose of the UMDR district is to provide for areas of
mixed single-family and moderate density multifamily urban residential development;
(5) Urban High Density Residential (UHDR). The purpose of the UHDR district is to provide for areas of high
density multifamily residential development;
(6) Urban Light Industrial (ULI). The purpose of the ULI designation is to allow for low intensity and low nuisance
potential industrial uses;
(7) Public (P). The purpose of the P designation is to provide for the siting of important public facilities and services
compatible. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.040 Use tables.
This section establishes whether a specific use is allowed, prohibited, conditional or otherwise designated.
Table 3A-1. Allowable and Prohibited Uses
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified by the following:
• The location may have a multiple designation. This would be true of the Shoreline Master Program, a subarea plan, or an overlay district
applied to the location. The Shoreline Master Program (SMP) should be consulted if the location of interest is subject to the SMP jurisdiction.
See also Notes 1 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.
A development proposal within 200 feet of the ordinary high watermark of a regulated shoreline is within the jurisdiction of the Shoreline
Master Program, and is subject to the applicable provisions of the SMP in this title.
• 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 V l of Chapter 18.22 JCC shall prevail over any conflicting provisions of the UDC.
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Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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
18.15.045 and Chapter 18.40 JCC.
C
= Conditional uses, subject to criteria, public
notice, written public comment and public
hearing procedure; see JCC 18.40.080.
C(a)
= Conditional uses, subject to criteria, public
notice, written public comment, and an
administrative approval procedure, but not a
public hearing; see JCC 18.40.080.
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 18.40.550; see
]CC 18.40.080.
No
= Prohibited use.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 4/18
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts I
Table 3A-1
Allowable and Prohibited Uses
Commercial
Urban Visitor -Oriented
Commercial Commercid
Residential
Industrial
Public
Urban Low Urban Moderate
Density Density
Residential Residential
Urban High
Density
Residential
Urban Light
Industrial
Public
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
Residential Uses
Single -Family Housing
Single-family residences
Existing only
Existing only
Yes
Yes
No
No
No
Duplexes (subject to meeting underlying density
requirements)
Existing only
Existing only
Yes
Yes
No
No
No
Manufactured/mobile home parks
Existing only
No
Yes
Existing only
Yes
No
No
Multifamily Housing
Multifamily residential units (3+ wits)
Existing only
Existing only
No
Yes
Yes
No
No
Residential adult care facilities
Yes
No
Yes
Yes
Yc,
No
No
Nursing/convalescenoassisted living facilities
Yes
No
Yes
Yes
Yes
No
No
Accessory Uses
Accessory dwelling units
Existing only
Existing only
Yes
Yes
Yes
No
No
Home businesses'
Yes
Yes
Yes
Yes
Yes
No
No
Cottage industries'
Yes
Yes
No
No
No
No
No
Commercial Uses
Animal shelLen and kennels, commercial
C(a)
C(a)
No
No
No
No
No
Aquaculture
Yes
Yes
No
No
No
Yes
No
Automobile service station
Yes
Yes
No
No
No
No
No
Automobile repair and/or restoration
Yes
Yes
No
No
No
Yes
No
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Jefferson County Code Page 5/18
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Table 3A -I
Allowable and Prohibited Uses
irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial
Urban Low Urban Moderate Urban High
Urban Visitor-Orientedmmial��h, Density Density Urban Light
Commercial Commercial Residential Residential Residential Industrial
Public
Public
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
Automobile (car) wash
Yes
Yes
No
No
No
No
No
Automobile sales
Yes
No
No
No
No
No
No
Bakery
Yes
Yes
No
No
No
No
No
Banks and credit unions
Yes
Yes
No
No
No
No
No
Bed and breakfast residence
Yes
Yes
Yes
Yes
Yes
No
No
Billiard parlor
Yes
Yes
No
No
No
No
No
Blueprinting and photostatting
Yes
No
No
No
No
Yes
No
Boat building and repair
Yes
Yes
No
No
No
Yes
No
Boal sales
Yes
Yes
No
No
No
Yes
No
Howling alley
Yes
Yes
No
No
No
No
No
Building supply and hardware store
Yes
No
No
No
No
No
No
Child day cue, commercial
Yes
Yes
Yes
Yee
Yes
No
No
Clinics (medical, dental, and vision) and veterinary
clinics and hospitals
Yes
Yes
No
No
No
No
No
Convenience store
Yes
Yes
No
No
No
No
No
Contractor yards (commercial excavating)
Yes
No
No
No
No
Yes
No
Drinking establishment
Yes
Yes
No
No
No
No
Yes
Eating establishment
Yes
Yes
No
No
No
Yes,
Yes
Entertainment facility, indoor
Yes
Yes
No
No
No
No
Yes
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Jefferson County Code Page 6/18
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area
Commercial Residential
Urban Low Urban Moderate
Urban Visitor -Oriented Deft, Density
Commercial
Residential Residential
(UGA) Zoning Districts
Industrial
Urban High
Density Urban Light
Industrial
Residential
Public
PublicCommercial
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
Entertainment facility, outdoor
Yes
Yes
No
No
No
No
Yes
Grocery store
Yes
Yes
No
No
No
No
No
Gift shop
Yes
Yes
No
No
No
No
No
Liquor store
Yes
Yes
No
No
No
No
No
Lodging facilities (incl. motel/hotel)'
Yes
Yes
No
No
No
No
No
Lumber yard
Yes
No
No
No
No
No
No
Marijuana recreational retailer
Yes
No
No
No
No
Yes
No
Mini -storage facilities
No
No
No
No
No
Yes
No
Personal and professional services
Yes
Yes
No
No
No
No
No
Retail sales and services (not including recreational
marijuana)
Yes
Yes
No
No
No
No
No
Sexually oriented businesses
C
C
No
No
No
C
No
Unnamed commercial uses
D
D
No
No
No
No
No
Industrial Uses
Asphalt batch plants
No
No
No
No
No
No
No
Boat storage
No
No
No
No
No
Yes
No
Concrete batch plants
No
No
No
No
No
Yes
No
Bulk fuel storage facilities
No
No
No
No
No
C
No
Feed lots
No
No
No
No
No
No
No
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 7/I8
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Ares (UGA) Zoning Districts
Commercial Residential Industrial
Urban Low Urban Moderate Urban High
Urban Visitor -Oriented Density Urban Light
Commercial Commercial Residential RDD ity RDensitial Industrial
Public
otic
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
Heavy equipment sales and rental services
Yes
No
No
No
No
Yes
No
Heavy industry
No
No
No
No
No
No
No
Light industry (not including recreational marijuana)
No
No
No
No
No
Yes
No
Outdoor storage yards
Yes
No
No
No
No
Yes
No
Resource processing, accessory to extraction
operations
No
No
No
No
No
Yes
No
Marijuana recreational processor
No
No
No
No
No
Yes
No
Mining and mineral extraction activities
No
No
No
No
No
Yes
No
Recycling center
C
No
No
No
No
Yes
Yes
Warehouse/moving storage
No
No
No
No
No
Yes
No
Warehouse/wholmale distribution center
C(a)
No
No
No
No
Yes
No
(Automobile) wrecking and salvage yards
No
No
No
No
No
Yes
No
Unnamed industrial uses
No
No
No
No
No
D
No
Institutional Uses
Essential public facikties
See JCC 18. 15.110
Public Purpose Facilities
• College or technical school
Yes
C
No
No
No
Yes
Yes
• Emergency services (fire, police, EMS)
Yes
Yes
C
C
C
Yes
Yes
• Government offices
Yes
Yes
No
No
No
No
Yes
The Jefferson County Code is current through Ordinance I-16, passed February 1, 2016.
Jefferson County Code Page 8/18
Chapter 18.18 iRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Table 3A-1
Allowable and Prohibited Uses
IrgodaIe and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial
Urban Visitor -Oriented Urban Low Urban Moderate Urban High Urban Light
Commercial Commercial Density Density Density Industrial
Residential Residential Residential
Public
Public
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
• Library/museum/post office
Yes
Yes
No
No
No
No
Yes
• Parks
No
Yes
Yes
Yes
Yes
No
Yes
• Public works maintenance/equipment storage
shops
Yes
No
No
No
No
Yes
Yes
• Recycling eollection facilities
Yes
Yes
C(a)
C(a)
C(a)
Yes
Yes
• School, primaryand secondary
Yes
Yes
C
C
C
No
Yes
• Visitor/community center
Yes
Yes
C(d)
C(d)
C(d)
No
Yes
• Water and wastewater treatment facilities
Yes
Yes
C(d)
C(d)
C(d)
Yes
Yes
Cemeteries
No
No
C(d)
C(d)
C(d)
No
Yes
Church
C(d)
C(d)
Yes
Yes
Yes
No
No
Nonprofit club or lodge, private
Yes
Yes
C(d)
C(d)
Yes
No
No
Unnamed institutional facilities
D
D
D
D
D
D
D
Transportation Uses
Park and ride lots/transit facilities
Yes
Yes
C(d)
C(d)
C(d)
Yes
Yes
Trails and paths, public or private
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Unnamed transportation uses
D
D
U
D
D
D
D
Utility Uses
Commercial communication facilities
See ICC 18.20.130
Utility developments, major
C
C
C
C
C
C
C
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 9/18
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Arca (UGA) Zoning Districts I
Table 3A -I
Allowable and Prohibited Uses
Commercial
Urban Visitor -Oriented
Commercial Commercial
Residential
Industrial
Public
Urban Low
Deity
Residential
Urban Moderate
Doty
Residential
Urban High
Deity
Residential
Urban Light
Industrial
public
Specific Land Use
UC
VOC
ULDR
UMDR
UHDR
ULI
P
Utility developments, minor
C(a)
C(a)
C(a)
C(a)
C(a)
C(a)
C(a)
Unnamed utility uses
D
D
D
D
D
D
D
Agricultural and Forestry Uses
Agricultural uses and activities
No
No
Existing only
No
No
Yes
No
Agricultural processing, heavy
No
No
No
No
No
Yes
No
Aquatic plant and animal processing and storage
No
No
No
No
No
Yes
No
Lumber mill, stationary
No
No
No
No
No
No
No
Marijuana recreational producer
No
No
No
No
No
Yes
No
Nurseries
Yes
No
No
No
No
No
No
Unnamed agricultural and forestry uses
D
D
D
D
D
D
D
1 Home businesses and cottage industries are allowed in existing residential structures within commercial and visitor -oriented commercial zones.
2 Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density requiremem.
4 See JCC 18.20.345 for performance standards.
[Ord. 4-15 § 3 (Art. B); Ord. 3-12 § I (Exh. H); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Page 10/18
18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban development within the UGA.
NOTES TO TABLE 3A-2:
1. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline Master Program (SMP)
or when impairing safe sight lines, as determined by the county engineer.
2. Setbacks do not apply to mailboxes; wells; pump houses; bus shelters; septic systems and drainfields (except in
the SMP); landscaping (including berms); utility apparatus such as poles, wires, pedestals, manholes, and vaults. No
other structures or communication devices (such as antennas, satellite dishes) shall be located in the front setback
area unless approved by the administrator. The administrator may reduce the minimum front road setbacks if the
strict application of such setback would render a legal lot of record unbuildable under the provisions of this code.
3. Chimneys, smokestacks, fire or parapet walls, ADA -required elevator shafts, flagpoles, utility lines and poles,
skylights, communication sending and receiving devices, HVAC and similar equipment, and spires associated with
places of worship are exempt from height requirements.
4. Structures used for the storage of materials for agricultural activities are exempt from the maximum building
height requirements.
5. Approved subarea plans may establish different bulk and dimensional requirements for those areas.
6. "N/A" = Not applicable.
7. Road Classifications. To clarify the setbacks for urban development activities within the UGA consistent with
the requirements of this section, the following road designations shall apply:
• Principal arterials. None classified in the UGA.
• Minor arterials. SR 19 (Rhody Drive).
• Major collectors. SR 116 (Ness' Corner Road, Oak Bay Road to Flagler Road and Flagler Road), Chimacum
Road, Irondale Road.
• Minor collectors.
• Local access roads.
• Alleys.
• Private roads.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply to outbuildings for residential or
agricultural uses such as detached garages, storage sheds or tool sheds, except for existing lots of record less than
five acres wherein the minimum rear and side yard setbacks for outbuildings shall be five feet.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 11/18
Chapter 18.18 TRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Table 3A-2
Density and Dimensional Standards
Irondale and Port Hadlock Urban Growth Area (UGA)
Commercial
Residential
Industrial
Public
Urban
CornmerciaWisitor-
Oriented
Commercial
Urban Low Density
Residential
Urban Moderate Urban High Density
Density Residential Residential
Urban Light
Industrial
Public
Development Standard
UCNOC
ULDR
UMDR UHDR
ULT
P
Allowed Residential Density
N/A
4 — 6 units/acre
7 — 12 units/acre 13 — 18 units/acre
N/A
N/A
Note: Standard densities apply to development with connection required to sanitary sewer system. On-site sewer code allows minimum 12,500 sq. ft. lot far onsite septic systems with waivers possible to
approximately mimmum 7,500 sq. ft. However, the code does not allow waivers less than 12,500 sq. ft. for lots within critical aquifer recharge areas (CARAs). Therefore standard density in the ULDR
zone (inside CARAs and outside of phased sewer service areas where sewer service is available) is approximately 3.5 DUshem- Standard density of 4 DUs/acre in the ULDR one (outside CARAs and
outside of phased sewer service areas where sewer is available) may be achieved only by compliance with the waiver provisions of the on-site septic code. Maximum density of 6 DUs/acre in the ULDR is
only achievable by connection to sanitary sewer.
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public health and environmental protection standards contained in the Jefferson County
regulations. Ability to subdivide is regulated by the permitted development density.
Minimum Front or Street Setbacks Note: The administrator may alter the local access road setback requirements for subdivisions; provided, that pedestrian facilities are
constructed and Thal reduced sight lines for vehicular traffic du not create a public safely concern.
Local Access Roads 20 20 20 20 20 20
• Alleys 0 0 0 0 0 0
• Private roads 10 to 10 l0 10 10
Minor Collector 20 20 20 20 20 20
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 3.5 35 35
Minimum Rear and Side Yard Setbacks (See Key Notes)' 5 5 5 5 10 20
Maximum Buikting Dimensions Note: Maximum building height recommended for increase from 35 feet to 70 feet in all commercialtindustrial zones and in urban residential
high density zones to allow for and accommodate increased densities.
Building Height (feet) 70
35 35 70
70 70
Lot Coverage, Buildings Only (%) No maximum'
60 70 70
No maximum'
Total Building Size (sq. ft.) None specified
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 12/18
Chapter 18.18 JRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
1 Special rear and side setbacks:
• Wherever a light industrial use is proposed to abut a commercial or residential use or zone, the setback shall be 25 feet, unless otherwise specified in this code.
• Wherever a commercial use is proposed to abut a residential use or zone, the setback shall he 10 feet, unless otherwise specified in this code.
2 Adequate space must he provided for required parking, setback%, landscaping, utilities, septic system (if no sewer available) acrd stnrmwater management facilities, as applicable.
[Ord. 9-09 § 2 (Fxh. B); Ord. 3-09 § 5 (Exh. (i)]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 13/18
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all property proposed for development
within the Irondale and Port Hadlock urban growth area (UGA). No development approval shall be given, and no
building permit shall be issued, unless the proposed development is in compliance with the provisions of this section
and Chapter 18.30 JCC, Development Standards.
Development within the Irondale and Port Hadlock UGA shall be governed by the following level of service
standards:
(1) Street Standards. As a condition of any development approval within the Irondale and Port Hadlock UGA, the
property owner shall construct streets which the county determines are consistent with the adopted urban street
standards in JCC 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale and Port Hadlock UGA, the
property owner shall obtain a certificate of water availability for the proposed use from Jefferson PUD No. 1 and
connect to the PUD No. 1 water system. Fire flow requirements shall be as specified by the Jefferson County fire
marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner shall construct surface and
stormwater management improvements as determined by the county to be consistent with the surface water
management standards adopted in the Jefferson County stormwater management plan (adopted November 27, 2006,
Resolution No. 74-06).
(4) Sanitary Sewer Service.
(a) Sewer Service Area. The sewer service area is the same as the 20 -year planning boundary of the UGA. No
development approval shall be given, and no building permit issued, unless the proposed development complies
with the provisions of this chapter. For development under this chapter, as a condition of any new development
approval or major modification to an existing commercial, industrial, or multifamily residential use located
within a sanitary sewer service area, as identified in the adopted general sewer plan for the Irondale and Port
Hadlock urban growth area, the property owner must obtain confirmation of sewer availability from the sewer
agency provider prior to development approval and must connect to the existing sewer line. Sewers will be
considered to be available to the phased implementation area when sewer infrastructure enters a sewer phase
area, according to the phased areas outlined in the Port Hadlock Sewer Facility Plan, September 2008.
(b) Areas with Sewer Not Yet Available — Interim On -Site Septic Systems. If the proposed use or major
modification is located outside of a phased sewer service area where sewers are available, then transitional rural
development standards in Chapter 18.19 JCC apply.
(5) Other Facilities and Services. Reserved.
(6) Credit for Prior Contributions and Infrastructure Improvements. All of the agreements not to protest formation of
local improvement districts or other pro rata cost sharing arrangements described in this section shall include credit
for any contributions or facility construction already made or completed by the individual property owners (or their
predecessor) for the particular urban public facility or service contemplated by the capital facilities plan. [Ord. 9-09
§ 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed use, and multifamily developments in the UGA shall comply
with the following standards and shall be exempt from the rural provisions of JCC 18.30.130,
Landscaping/screening:
(1) Landscaping Definitions.
(a) "Visual screed' means evergreen and deciduous trees (no more than 50 percent deciduous) planted 20 feet
on center, two shrubs planted between each pair of trees, and ground cover.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Page 14/18
(b) "Visual buffer" means evergreen and deciduous trees (no more than 75 percent deciduous) planted 30 feet
on center, two shrubs planted between each pair of trees, and ground cover.
(2) Plant Standards.
(a) Deciduous trees must be one and one-half inches diameter at chest height (four and one-half feet from
ground level) and must have a survivability rate of 100 percent after one year and 80 percent after two years of
planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of 100 percent after one year
and 80 percent after two years of planting.
(c) Ground cover is low evergreen or deciduous plantings at three-foot spacing in all directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a survivability rate of 100
percent after one year and 80 percent after two years of planting.
(e) The retention of existing natural vegetation in place of new plants is encouraged and allowed. The use of
existing native and/or drought -tolerant landscape materials shall be utilized whenever possible, and may be
used in lieu or in combination with existing plantings to demonstrate substantial consistency with the
requirements of this section.
(3) Screening Standards.
(a) New or expanding commercial or industrial land uses within commercial or industrial zones shall provide a
five-foot visual buffer along all street frontages between the street and on-site parking areas and a 10 -foot
visual screen along any property line abutting a residential zoning district to minimize aesthetic impacts to
residential properties.
(b) New multifamily dwellings over four dwelling units in residential zones shall provide a five-foot visual
buffer along all street frontages.
(4) Alternative Designs. Alternative designs may be allowed if, upon review by the administrator, they are
determined to provide landscaping substantially equivalent to the standards in this section. [Ord. 9-09 § 2 (Exh. B);
Ord. 3-09 § 5 (Exh. G)]
18.18.080 Parking and pedestrian circulation.
Parking for all new development shall comply with JCC 18.30.100, Parking, and JCC 18.30.110, Off-street loading
space requirements. Pedestrian facilities shall be provided in accordance with JCC 18.30.090, Pedestrian circulation.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.090 Lighting.
Lighting shall comply with the standards set forth in JCC 18.30.140, Lighting; shall not permit direct illumination of
the sky (skyglow); and shall not provide more illumination into an adjoining property than is received from the
adjoining property measured at a vertical plane at the property boundary (light trespass). [Ord. 9-09 § 2 (Exh. B);
Ord. 3-09 § 5 (Exh. G)]
18.18.100 Signs.
No sign shall hereafter be erected or used for any purpose or in any manner in the urban growth area except as
permitted by the regulations of this section. All signs subject to this section shall be subject to approval and issuance
of a sign permit by the administrator according to a Type I permit approval process as specified in Chapter 18.40
JCC. The administrator may waive certain requirements of this section or require additional conditions for any sign
permit, if deemed necessary to maintain consistency with the Comprehensive Plan.
(1) Prohibited Signs. The following signs are prohibited:
(a) Abandoned signs;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
(b) Billboards;
Page 15/18
(c) Flashing, revolving or moving signs, excepting clocks and electronic reader boards allowed within urban
commercial zones;
(d) Off-site signs which advertise a business;
(e) Signs or sign structures, which by coloring, shape, working, or location resemble or conflict with traffic -
control signs or devices;
(f) Signs which create a safety hazard for pedestrians or vehicular traffic; and
(g) Signs attached to utility poles or traffic signs.
(2) Exemptions. The following signs are exempt from the provisions of this section:
(a) Traffic and standardized public signs installed by a government entity;
(b) Window and merchandise displays, point of purchase advertising displays such as product dispensers and
barber poles;
(c) National flags, flags of a political subdivision, and symbolic flags of an institution or business;
(d) Legal notices required by law;
(e) Historic site plaques and markers and gravestones;
(f) Personal signs displaying personal messages such as "yard sale" or "no trespassing" not to exceed eight
square feet;
(g) Political signs safely displayed on private property;
(h) Structures intended for separate use, such as recycling containers and phone booths;
(i) Real estate signs; and
0) Lettering painted on or magnetically flush -mounted onto a motor vehicle operating in the normal course of
business.
(3) Design Standards. Signs regulated by this section include signs that are attached to the building (e.g., facade,
projection or wall signs) and signs that are set apart from the building (e.g., freestanding or monument signs). All
signs must meet the following standards:
(a) The following standards apply to the illumination and illustration of signs:
(i) The illumination of signs shall be shaded, shielded, or directed so the light intensity or brightness shall
not adversely affect surrounding properties or public and private rights-of-way or create a hazard or
nuisance to the traveling public, or to surrounding properties. Illumination of signs shall comply with JCC
18.18.090;
(ii) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist of banners,
streamers, or spinners; or involve flashing, blinking, or alternating lights. Two exceptions to this standard
are (A) temporary signs associated with local festivals, fairs, parades, or special events pursuant to JCC
18.30.150(8)(b); and (B) electronic reader board signs or message boards which are only allowed within
urban commercial districts and residential districts for public purpose facilities, subject to the requirements
of this code and JCC 18.30.150(6).
(b) Sign size shall be regulated as follows:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
Page 16/18
(i) There is no maximum sign size for businesses in the commercial and industrial districts in the Irondale
and Port Hadlock UGA except as specified in this section. Multitenant developments in urban commercial
and industrial districts may have one freestanding sign, 64 square feet in size plus 15 square feet for each
occupant, for each access point, commonly identifying the businesses within multitenant developments
provided such signs total no more than 100 square feet in aggregate. The maximum size for signs placed
on a multitenant building identifying individual occupants shall be no larger than 15 square feet per
occupant;
(ii) The square footage of signs shall be calculated by the outside dimensions necessary to frame the
information displayed. No sign mounted on a building shall extend above or beyond the eaves, rake, or
parapet of the wall on which it is mounted. Any sign projecting beyond six inches from a perpendicular
wall shall be at least six feet eight inches above grade;
(iii) Directional, identification or advertising signs for any use located in any urban residential district
shall not exceed 32 square feet, with the exception of institutional use signs, which shall not exceed 64
square feet;
(iv) Freestanding signs with reader boards for a single business shall be no larger than 128 square feet.
(c) Uses located in any urban commercial or industrial land use districts shall have no more than two on -
premises signs, except as allowed in this section for multitenant developments.
(d) Signs attached to or painted against the structure to which they relate shall not be computed as a part of the
overall total square footage, or number of signs allowed.
(e) All signs shall be continuously maintained. Signs that present a public hazard as determined by the
Jefferson County building official or department of public works shall be subject to abatement.
(f) The design of freestanding signs shall include measures to restrict vehicles from passing beneath them,
unless otherwise permitted by the Jefferson County department of public works. All freestanding pole signs or
projecting signs shall provide pedestrian clearance to a minimum of eight feet, where applicable.
(g) Signs should be incorporated into the landscaping of the site when landscaping is provided.
(h) No signs, other than those related to water -dependent uses, such as a marina, are permitted to face seaward,
excepting signs relating to safety concerns, such as cable -crossing, construction -dredging, fuel area, etc.
(i) No sign shall be placed in the public right-of-way or in the vision clearance triangle of intersections and curb
cuts, unless otherwise approved by the Jefferson County department of public works.
(4) Specialty Signs. Specialty signs may be established when consistent with the standards set forth below:
(a) Signs and banners promoting public festivals, community or special events, and grand openings may be
displayed up to 30 days prior to the event, and shall be removed no later than seven days after the event. The
sponsoring entity is responsible for sign removal. Event signs may be located off site.
(b) Signs which identify a recognized community or unincorporated place are permitted at each entrance to the
community. Said signs are limited to one per entrance, and may not exceed 64 square feet or eight feet in
height. Signs relating to clubs, societies, orders, fraternities and the like shall be permitted as part of the
community sign.
(c) Businesses may erect temporary on-site sandwich board signs subject to the following criteria:
(i) No more than two sandwich board signs may be erected per business;
(ii) Sandwich board signs shall not exceed four feet in height or three feet in width;
(iii) Sandwich board signs shall be displayed during business hours only;
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Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
(iv) Sandwich board signs shall not be placed on sidewalks; and
(v) Sandwich board signs shall not be placed in public road rights-of-way unless approved by the Jefferson
County department of public works.
(d) Off-site signs may only be allowed when they meet all of the following standards:
(i) Are directional in nature;
(ii) Located on private property along a major or minor arterial;
(iii) Located no more than 600 feet from an intersection;
(iv) No larger than 12 square feet.
(5) Nonconforming Signs. Legally established signs in place prior to the adoption of the ordinance codified in this
chapter and not in conformance with these standards shall be considered legal, nonconforming signs, and may
remain as provided below:
(a) Nonconforming off -premises signs shall be removed within five years of adoption of the ordinance codified
in this chapter. Until then, such signs must be continually maintained, not relocated, and not structurally
altered. Nonconforming off -premises signs may be replaced by off-site directional signs as allowed in this
section;
(b) Nonconforming on -premises signs may remain provided they are continually maintained, not relocated, and
not structurally altered;
(c) Billboards which are in place prior to the adoption of the ordinance codified in this chapter may remain
provided they are continually maintained, not relocated, and not structurally altered. [Ord. 9-09 § 2 (Exh. B);
Ord. 3-09 § 5 (Exh. G)]
18.18.110 Design standards.
Reserved. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or public water to a site, any approval
for a commercial, industrial, mixed use, multifamily, high density residential, or single-family residential
subdivision in the ULDR zone is required to include a site plan which:
(1) Complies with the applicable health regulations and other Jefferson County development and building
regulations (e.g., critical areas, stormwater management, etc.);
(2) Provides for sanitary sewer connection and other utilities.
The site plan prepared under this section and reviewed and approved by the administrator shall address the
following: buffers, landscaping, traffic access and parking standards, current septic and future sanitary sewer
provisions, height and scale in relation to surrounding uses and future uses, vegetation removal, stormwater, potable
water, and lot coverage.
Development of the site shall be consistent with the approved site plan. Minor modification to the site plan may be
allowed by the administrator; provided, that all other regulations and conditions placed on the approval are met.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.130 Development standards in this title.
In addition to this chapter, development and standards in the UGA shall also comply, where applicable, with the
following chapters in the Unified Development Code:
18.05 Introductory Provisions
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Chapter 18.18 IRONDALE AND PORT HADLOCK UGA
DEVELOPMENT REGULATION IMPLEMENTATION
18.10
Definitions
18.15
Land Use Districts
18_19
Transitional Rural Development Standards, UGA
18.20
Performance and Use -Specific Standards
18.22
Critical Areas
18.25
Shoreline Master Program
18.30
Development Standards
18.35
Land Divisions
18.40
Permit Application and Review Procedures/SEPA
Implementation
18.45
Comprehensive Plan and GMA Implementing
Regulations Amendment Process
18.50
Enforcement
[Ord. 9-09 § 2 (Exh. B)l
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
Chapter 18.20
PERFORMANCE AND USE -SPECIFIC STANDARDS
Sections:
18.20.010 General provisions.
18.20.020 Accessory uses and structures.
18.20.030 Agricultural activities and accessory uses.
18.20.040 Airports.
18.20.050 Airfields and airstrips.
18.20.060 Animal kennels, catteries, and shelters.
18.20.070 Asphalt and concrete batch plants.
18.20.080 Assembly facilities.
18.20.090 Automotive fuel, service, and repair stations.
18.20.100 Automobile wrecking yards and junk (or salvage) yards.
18.20.110 Cemeteries.
18.20.120 Colleges or technical schools.
18.20.130 Commercial communication facilities and sites.
18.20.140 Commercial uses — Standards for site development.
18.20.150 Convenience stores and car washes.
18.20.160 Conversions of land to nonforestry use — Forest practices — Conversion option harvest plans (COHP).
18.20.170 Cottage industry.
18.20.180 Day care and residential care facilities.
18.20.182 Food and beverage stands.
18.20.190 Golf courses.
18.20.200 Home businesses.
18.20.210 Hospitality establishments.
18.20.220 Industrial uses — Standards for site development.
18.20.230 Lumber mills (portable and stationary).
18.20.240 Mineral extraction, mining, quarrying and reclamation.
18.20.250 Manufactured/mobile home parks.
18.20.260 Nonconforming uses and structures.
18.20.270 Outdoor commercial amusement facilities.
18.20.280 Outdoor storage yards.
18.20.290 Recreational developments.
18.20.295 Recreational marijuana/cannabis.
18.20.300 Recycling collection facilities and recycling centers.
18.20.310 Residential care facilities and nursing homes.
18.20.320 (Mini) storage facilities.
18.20.330 Seasonal roadside stands.
18.20.340 Sewage sludge and septage.
18.20.345 Sexually oriented businesses.
18.20.350 Small-scale recreation and tourist uses.
18.20.360 Solid waste handling and disposal facilities.
18.20.370 Tank farm facilities (bulk fuel storage).
18.20.380 Temporary outdoor uses.
18.20.390 Temporary festivals.
18.20.400 Utility developments, minor.
18.20.410 Utility developments, major.
18.20.420 Veterinary clinics or hospitals.
18.20.010 General provisions.
The performance standards provided in this chapter are those specific requirements that must be met before approval
may be given for a proposed development or use within a particular land use district.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
Note also that specific proposals for new development may be subject to more than one set of performance
standards. For example, a proposal for an RV park would be subject to the performance standards for all commercial
uses in JCC 18.20.140, for recreational developments in JCC 18.20.290, and for small-scale recreation and tourist
uses in JCC 18.20.350. Where the development is subject to the jurisdiction of the Shoreline Master Program,
additional regulations and standards may apply, and additional permits may be required.
To illustrate the way that this chapter works in conjunction with the tables of allowable and prohibited rural uses in
Chapter 18.15 JCC (Table 3-1) and urban uses in Chapter 18.18 JCC (Irondale and Port Hadlock UGA
Implementing Regulations), if, for example, an application is submitted to develop an RV park, the first question is
whether it is an allowable use in the land use district where it is proposed. Table 3-1 identifies allowable and
prohibited uses in each land use district. For RV parks, Table 3-1 contains a "C(d)" for all rural residential districts,
which means that a proposal to develop an RV park in these districts is a conditional discretionary use and may be
allowed if it met the applicable performance standards set forth in this chapter and would be allowed by the
administrator only if the impacts were appropriate according to the criteria set forth in Chapter 18.40 JCC for a
conditional (discretionary) use permit. Table 3-1 contains a "Yes" for RV parks in rural village centers, which
means that a proposal to develop an RV park in a village center is a permitted use and would be allowed subject to
meeting the performance standards of this chapter.
The development standards in Chapter 18.30 JCC would also apply to any and all project permit applications that
might be brought forth to the county by an applicant. [Ord. 8-06 § 11
18.20.020 Accessory uses and structures.
Accessory uses are customarily incidental and subordinate to the principal use of a structure or site. They must be:
• Clearly secondary to, supportive of, and compatible to the principal or permissibly principal uses;
• Consistent with the purpose of the land use district; and
• In compliance with the provisions of this code. The land use category of an accessory use shall be the same
as that of the principal use(s) listed in Table 3-1 or Chapter 18.18 JCC, unless otherwise specified.
(1) Limitations on Accessory Uses and Structures. Accessory uses and structures are permitted in any district, except
as limited or prohibited in this section, in Table 3-1, or in the sections covering the various land use districts in
Chapter 18.15 JCC, or in Chapter 18.18 JCC.
(2) Accessory Dwelling Units. One accessory dwelling unit is permitted per legal lot of record as an accessory to an
existing single-family dwelling or on a legal lot of record as an accessory to an existing industrial use in LI or LI/C
zones; provided, that the following requirements are met:
(a) Maximum Size. An accessory dwelling unit shall have a maximum size of 1,250 square feet of gross floor
area.
(b) Owner Occupied. To obtain an accessory dwelling unit (ADU) designation, the owner of the subject
property shall reside on the premises, either in the main or accessory dwelling. An employee of the property
owner or tenant business shall occupy an ADU in place of the owner within LI or LI/C zones.
(c) Certificate of Occupancy. A certificate of occupancy is required pursuant to the International Building Code
and shall be obtained from the building official and posted within the ADU. The code inspection and
compliance required to obtain a certificate of occupancy in an existing building shall be restricted to the portion
of the building to be occupied by an ADU and shall apply only to new construction, rather than existing
components.
(d) Outbuildings. Outbuildings may be constructed or expanded to accommodate an ADU within the structure.
ADUs established in these outbuildings shall not be larger than 1,250 square feet in floor area. ADUs in LI and
LI/C zones are exempt from the special setback requirements for residential uses abutting light industrial uses
or zones specified in Chapter 18.30 JCC.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
(e) Exterior Entrance. In order to preserve the outward appearance of single-family neighborhoods, the front of
the house shall have only one exterior entrance. A separate exit doorway to the outside is required for each
dwelling unit.
(f) Water and Wastewater Disposal Service. Prior to obtaining a permit to construct or place an ADU, the
applicant shall provide proof of an adequate potable water supply as provided in RCW 19.27.097 and
applicable regulations and policies established by the Jefferson County board of health or the Jefferson County
board of commissioners, and proof of on-site septic system approval from the Jefferson County department of
environmental health.
(g) Travel Trailer/Recreational Vehicles. For the purpose of this chapter, accessory dwelling units shall not be
travel trailers, recreational vehicles, recreational park trailers, buses, truck storage containers, or similar
manufactured units which are not originally intended to be used for residences and built to the International
Building Code adopted by Jefferson County.
(3) Outdoor Residential Storage. This subsection shall apply only to outdoor storage accessory to residential uses in
residential districts. Outdoor storage other than accessory uses subordinate to a primary residential use may be
permitted only in those districts where specified as a permitted use in Table 3-1 or Chapter 18.18 JCC, and shall
meet other applicable requirements of JCC 18.20.280 relative to outdoor storage yards.
(a) Outdoor residential storage shall be maintained in an orderly manner and shall create no fire, safety, health
or sanitary hazard;
(b) Not more than two unlicensed or inoperable vehicles shall be stored on any lot unless totally screened from
view of neighboring dwellings and rights-of-way. Such screening shall meet all applicable performance and
development standards specific to the district in which the storage is kept, and shall be in keeping with the
character of the area. Screening shall meet the requirements of Chapter 18.30 JCC. Outdoor storage of three or
more junk motor vehicles is prohibited except in those districts where specified as an automobile wrecking yard
or junk (or salvage) yard and allowed as a permitted use in Table 3-1 or Chapter 18.18 JCC, and such storage
shall meet the requirements of JCC 18.20.100, Automobile wrecking yards and junk (or salvage) yards. In no
case, shall any such junk motor vehicles be stored in a critical area.
(4) Junk Yards. Junk yards shall be prohibited, except where permitted as specified in Table 3-1 or Chapter 18.18
JCC and in accordance with the requirements of JCC 18.20.100, Automobile wrecking yards and junk (or salvage)
yards.
(5) Minor Public Facility Accessory Structures. Minor accessory additions to existing public facilities will be
considered as accessory uses not requiring discretionary use review or a conditional use permit. Such minor
accessory structures include, for example, a water tower or small shed at a fire station, or construction of a cover
over an existing playfield at a school or park, but not, for example, construction of a new wing to a public building
or construction of a major new building or structure on the site. [Ord. 8-06 § 1]
18.20.030 Agricultural activities and accessory uses.
(1) Definitions. For the purposes of this section, the following definitions shall apply. Other relevant definitions
appear in subsections of this section and in Chapter 18.10 JCC.
(a) Agriculture. The science, art, and business of producing crops, or raising livestock; farming.
(b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading, contouring,
ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed, pest and disease control, spraying,
pruning, trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation
ditches and systems; livestock management, such as breeding, birthing, feeding and care of animals, birds,
honeybees, and fish; the repair, maintenance and incidental construction of equipment, structures, or machinery
used to perform agricultural or husbandry operations; and the storage of agricultural products and machinery.
(c) Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product, produced by
a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists,
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation,
or other use by people or animals.
(d) Accessory Uses. Uses accessory to agriculture that support, promote, or sustain agricultural operations and
production, as provided in subsection (3) of this section.
(e) Agricultural Lands. Designated as either prime agricultural land (AP -20) or agricultural land of local
importance (AL -20) on the official map of Comprehensive Plan land use designations. Agricultural lands of
long-term commercial significance is a category of resource lands under the State Growth Management Act and
the Jefferson County Comprehensive Plan.
(f) Open Space Tax Program. County program associated with property taxation. Land being used for
agriculture may be enrolled in the tax program through the county assessor. The tax program is independent of
land use designation (i.e., zoning) and these development regulations, except in the context of identifying
"existing and ongoing agriculture," as defined in this code and exempted from standard stream and wetland
buffers as described in subsection (2)(b)(ii) of this section.
(g) Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis on lands
enrolled in the open space tax program for agriculture or designated as agricultural lands; provided, that
agricultural activities were conducted on those lands at any time during the five-year period preceding April 28,
2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use.
(h) New Agriculture. Agricultural activities proposed or conducted after April 28, 2003, and that do not meet
the definition of "existing and ongoing agriculture."
(i) Agricultural Best Management Practices (BMPs). Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce pollution of waters or
degradation of wetlands and fish and wildlife habitat areas.
0) Farm Equipment. Includes, but is not limited to, tractors, trailers, combines, tillage implements, balers, and
other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation,
harvesting, and marketing of agricultural, horticultural, or livestock products.
(2) Agricultural Activities.
(a) Where Allowed. Agricultural activities, as defined above and excepting those related to recreational
marijuana, are an allowed use under any of the Comprehensive Plan land use designations, subject to the
provisions of this subsection, except that "processing," "packing," and "sales" are regulated under subsection
(3) of this section, Accessory Uses. Agricultural activities related to marijuana producing, processing and retail
are subject to this section and JCC 18.20.295 for recreational marijuana. Where conflicts occur, the more
restrictive measures shall apply.
(b) When Exempt from Permit Process. Agricultural activities are considered a matter of right and not subject
to land use permits or approval from the administrator, subject to the following:
(i) Other Applicable Laws and Rules. This section does not exempt the proponent from acquiring any
other required approvals from county, state or federal agencies, including, but not limited to, approvals
related to matters of public health, safety, and welfare.
(ii) Critical Areas. The Growth Management Act, Chapter 36.70A RCW, requires local governments to
designate and protect "critical areas," such as wetlands and fish and wildlife habitat areas. This code
contains provisions for the protection of critical areas at Article VI -D of Chapter 18.15 JCC et seq. The
fish and wildlife habitat areas section is Article VI -H of Chapter 18.15 JCC and includes protections for
streams and their buffers. The wetlands section is Article VI -I of Chapter 18.15 JCC and includes
protections for wetland buffers. These sections pertain to agricultural activities in the following manner:
(A) New agriculture is required to meet all applicable provisions of Article VI -D of Chapter 18.15 ICC
et seq.
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(B) Existing and ongoing agriculture is exempt from standard stream and wetland buffers. Refer to
Articles VI -H and VI -I of Chapter 18.15 JCC, respectively. The exemption covers only existing and
ongoing activities related to cultivating crops and grazing livestock and the land preparation associated
with those agricultural activities. The exemption does not cover new structures, parking areas, or other
similar development activities. New development activities related to agriculture are regulated as new
agriculture.
(C) In exchange for this exemption from standard stream and wetland buffers, the agricultural
communities in each Jefferson County watershed are expected to establish and implement appropriate
agricultural best management practices (BMPs) in order to protect wetlands and fish and wildlife
habitat areas from adverse impacts related to the practice of agriculture. Refer to subsection (3) of this
section regarding agricultural BMPs.
(D) The exemption from standard stream and wetlands buffers for existing and ongoing agriculture
will be revisited during periodic review of the Comprehensive Plan and development regulations,
pursuant to RCW 36.70A.130. If the county finds through evaluation of best available science that the
voluntary implementation of agricultural BMPs is failing to protect wetlands and fish and wildlife
habitat areas from impacts related to agriculture in any given watershed or specific areas within a given
watershed, this exemption will be modified or eliminated for that watershed or particular sites within
that watershed.
(iii) Agricultural Best Management Practices. Agricultural activities are expected to be conducted in a
manner that protects against harm or degradation to the existing functions and values of fish and wildlife
habitat in and adjacent to streams and wetlands through the implementation of agricultural best
management practices (BMPs).
(A) Agricultural landowners and operators are encouraged to design BMPs through consultation with
the following resources:
(I) Section 4 of the USDA Natural Resources Conservation Service (NRCS) "Field Office
Technical Guide" (FOTG) contains a nonexclusive list of conservation practices (BMPs) to
guide implementation of the expectations of this section.
(II) The Jefferson County conservation district is available to assist in the development of
informal farm plans as well as formal plans such as the resource management system (RMS)
plan or other type of conservation plan approved through the NRCS.
(B) BMPs should be designed for site-specific conditions and should include pollution prevention and
control measures that effectively address the following management areas:
(I) Livestock and Dairy Management. Livestock and dairy operations must be conducted so as
not to contribute any wastes or sediments into a natural or modified natural stream in violation
of adopted state water quality standards.
(II) Nutrient and Farm Chemical Management. Manure must not be placed in a stream or
location where such wastes are likely to be carried into a stream by any means. Farm chemicals
shall be applied consistent with all requirements stated on the chemical container labels and all
applicable federal and state laws and regulations, such as Chapter 15.58 RCW (Pesticide Control
Act), Chapter 17.21 RCW (Pesticide Application Act), and 7 United States Code (USC) 136 et
seq. (Federal Insecticide, Fungicide, and Rodenticide Act).
(III) Soil Erosion and Sediment Control Management. Construction of roads used for
agricultural purposes, agricultural equipment operation, and ditch construction and maintenance
should be undertaken in such a manner as to avoid sediment contribution to streams.
(IV) Operation and Maintenance of Agricultural Drainage Infrastructure. Dredging or removal
of accumulated sediments in any ditch or ditched stream should be conducted when there is no
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or minimal flow in the stream (generally between June 15th and October 31 st) and in a manner
that minimizes sediment contribution or other impacts to water quality. Excavation spoils should
be placed so as not to cause bank failures and so that drainage from such spoils does not
contribute sediment to streams. Maintenance of vegetation located within a stream that is part of
drainage infrastructure may be conducted at any time; provided, that any cutting or mowing is
above the ground surface within the channel and in a manner that does not disturb the soil or
sediments and that the cut vegetation does not block water flow. Stream bank vegetation should
be preserved or planted as soon as practicable after drainage construction and maintenance are
completed in order to stabilize earthen ditch banks.
(V) Riparian Management. Existing riparian vegetation should be managed to continue to
provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife.
Landowners are encouraged to plant riparian vegetation to improve fish and wildlife habitat by
providing shade, cover, organic debris, and control of noxious weeds.
(C) An owner or operator is responsible only for those conditions caused by agricultural activities
conducted by the owner or operator and is not responsible for conditions that do not meet the standards
of this subsection resulting from actions of others or from natural conditions not related to the on-site
agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a
25 -year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect
are not the responsibility of the owner or operator.
(D) Agricultural activities are expected to meet the objectives and standards of this subsection through
voluntary compliance.
(E) Jefferson County, the Jefferson County conservation district, and the Department of Ecology work
cooperatively to identify potential violations of state water quality standards and to provide assistance
to agricultural owners and operators for preventing or correcting water quality violations. The
Department of Ecology maintains ultimate compliance authority for enforcing state water quality
standards.
(F) "Existing functions and values" relates to the following categories:
(I) Water quality, as documented in a given watershed by the Jefferson County conservation
district or other management agency.
(II) The existence or absence of large woody debris within a stream, as documented in the
"Salmon and Steelhead Habitat Limiting Factors" analyses completed by the Washington
Department of Fish and Wildlife (WDFW) between 2000 and 2003 for the Water Resource
Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(III) The existing riparian buffer characteristics and width, including, but not limited to, the
existing amount of shade provided by the existing riparian buffer, as documented in the "Salmon
and Steelhead Habitat Limiting Factors" analyses completed by WDFW between 2000 and 2003
for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(IV) The existing channel morphology as documented with year 2000 Department of Natural
Resources (DNR) Aerial Photography.
(G) "No harm or degradation" means the following:
(I) Maintaining or improving documented water quality levels, if available.
(II) Meeting, or working towards meeting, the requirements of any total maximum daily load
(TMDL) requirements established by the Department of Ecology pursuant to Chapter 90.48
RCW.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
(III) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC
(Hydraulics Code).
(IV) No evidence of degradation to the existing fish and wildlife habitat characteristics of the
stream or wetland that can be reasonably attributed to adjacent agricultural activities.
(H) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-110
WAC shall not be interpreted to replace Department of Ecology and WDFW authority to implement
and enforce these state programs.
(iv) Stormwater Management. Jefferson County stormwater management regulations and procedures are
described in JCC 18.30.060, Grading and excavation standards, and JCC 18.30.070, Stormwater
management standards. These sections pertain to agricultural activities in the following manner:
(A) Commercial agriculture is exempt from stormwater management minimum standards pursuant to
JCC 18.30.070(2) and the referenced Department of Ecology Stormwater Management Manual for
Western Washington (manual).
(B) According to the manual, "commercial agriculture" is defined as:
Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the
production of crops or livestock for wholesale trade. An activity ceases to be considered commercial
agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use
or has lain idle for more than five years, unless the idle land is registered in a federal or state soils
conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or
drainage ditches related to an existing and ongoing agricultural activity.
(C) Accordingly, agricultural activities such as land preparation for the cultivation of crops or the
grazing of livestock and the maintenance of agricultural irrigation infrastructure are exempt from
meeting the minimum requirements for stormwater management and from obtaining a stormwater
management permit.
(D) This exemption does not apply to new development that is secondarily related to agriculture and
that involves the construction of new structures, such as buildings for agricultural processing and retail
sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate
parking.
(E) This exemption does not apply to the initial clearing of forested land. Conversion of forested land
to some other use incompatible with commercial forestry, as defined in the Forest Practices Act,
Chapter 76.09 RCW, requires review under JCC 18.20.160, 18.30.060 and 18.30.070. The State
Department of Natural Resources may also require a Class IV general forest practices application.
(v) Farm Ponds and Irrigation Infrastructure.
(A) Construction or expansion of farm and stock ponds and irrigation ditches and infrastructure in
association with commercial agriculture as defined above is exempt from meeting stormwater
management minimum standards and from obtaining approval; provided, that said activities are not
conducted inareas a+iA.l �I 4for critical arca buffers as defined in
A+HI�Vl--4t)44iaptei-.14CIi_imcr 1 �_�2 JCC. Landowners are encouraged to document the
creation of new exempt ponds through photographs (before, during, and after construction) in order to
facilitate any future development review on the property.
(B) Construction or expansion of ponds or irrigation ditches and infrastructure in wetlands and their
buffers is subject to the provisions of A4i- `� Chapter4,�-44 1_N'.? _1 JCC.
(I) Maintenance of existing farm and stock ponds and agricultural irrigation ditches and
infrastructure is allowed without having to meet the protection standards pursuant to the
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exemption for "existing and ongoing agriculture" rttCh rptcr_1_T.?.? JCC 4�5, Vie}, if the
activities are not prohibited by any other law.
(II) Construction of new ponds or expansion of existing ponds and drainage -related activities
that would introduce new impacts is regulated under Af4c4i- V I-4 t,4 Chapter -i �: a + l ;2? JCC.
Activities within wetlands and their buffers require review and approval of a mitigation or
enhancement plan pursuant to that artielcha trr.
(C) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed in accordance
with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-half acre or less which is not
in a regulated wetland are exempt from the stormwater management permit requirement outlined in
JCC 18.30.070(6 ).
(vi) Livestock Management.
(A) On designated agricultural lands, livestock management is allowed as a matter of right, except:
(I) Any operation that meets the state or federal definition for an animal feeding operation
(AFO) requires a consistency review land use permit (i.e., "Yes" or Type I).
(II) Any activity that meets the state or federal definition for a custom slaughtering
establishment, custom meat facility, or medium concentrated animal feeding operation (medium
CAFO) requires a conditional administrative (C(a)) land use permit.
(III) Any operation that meets the state or federal definition for a large concentrated animal
feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or
grain elevator requires a conditional use (C) land use permit.
(B) On lands that are not designated agricultural lands, livestock management is allowed as a matter of
right, except:
(I) The slaughter and preparation of between 100 and 1,000 chickens or other fowl in a calendar
year by the agricultural producer of the chickens for the sale of whole raw chickens by the
producer directly to the ultimate consumer at the producer's farm requires a conditional
administrative (C(a)) land use permit; over 1,000 shall be prohibited.
(II) Any operation that meets the state or federal definition for an animal feeding operation
(AFO) requires a conditional administrative land use permit (C(a)).
(III) Any operation that meets the state or federal definition for a custom slaughtering
establishment, custom meat facility, certified feed lot, public livestock market, stockyard,
warehouse, grain elevator, or medium or large concentrated animal feeding operation (CAFO)
shall be prohibited, except in the heavy industrial land use designation, where a conditional use
(C) land use permit shall be required.
(C) Facilities for breeding and maintaining working dogs raised for livestock management purposes
are exempt from performance of JCC 18.20.060(-3-}±21, Animal kennels and shelters, in order to allow
livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for
show or sale must be incidental and accessory to the principal farm activities and meet all of the
performance standards for animal kennels and shelters at JCC 18.20.0600_Q.
(vii) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not require a
building permit from the department of community development.
(A) No county building permit is required for buildings or structures erected exclusively for the storage
of livestock, feed, and/or farm implements, provided said structures are: freestanding, located at least
10 feet from the nearest structure and not attached to any structure, unless attached to another
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agricultural building; do not contain plumbing, except as necessary to maintain farm animals; do not
contain a heat source, such as a wood stove or electric heat, unless specifically permitted.
(B) Agricultural buildings that contain plumbing other than that as authorized above must obtain a
plumbing installation permit and health department approval.
(C) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood
stove permit or an electrical permit as appropriate.
(D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not
licensed as farm equipment, are considered garages or carports and must obtain a building permit.
(E) Agricultural buildings used for the purpose of hosting members of the public for the purpose of
retail sales of agricultural products or machinery constructed on site shall require a building permit to
ensure life safety and structural integrity. If an older agricultural building constructed under the
building permit exemption for agricultural buildings is proposed for hosting members of the public, the
building shall be brought into compliance with the building code, as determined by the building
official.
(F) The building official shall judge whether a proposed structure, a structure under construction, or a
completed structure violates this building permit exemption. A structure determined to be in violation
will be considered a structure subject to the building code.
(G) Temporary growing structures used solely for the commercial production of horticultural plants
including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the
State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36.70A.177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production shall comply
with the following:
(A) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource
land uses and shall be accessory to the growing of crops or raising of animals;
(B) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally
produced agricultural products from one or more producers, products derived from regional
agricultural production, agriculturally related experiences, or products produced on site. Accessory
commercial and retail uses shall offer for sale predominantly products or services produced on site;
and
(C) Accessory uses may operate out of existing or new buildings with parking and other supportive
uses consistent with the size and scale of existing agricultural buildings on the site but shall not
otherwise convert agricultural land to nonagricultural uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not limited to:
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products derived from regional
sources;
(C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations
and production;
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(D) Support services that facilitate the production, marketing, and distribution of agricultural products;
and
(E) Off -farm and on-farm sales and marketing of predominantly regional agricultural products and
experiences, locally made art and arts and crafts, and ancillary retail sales or service activities.
(b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands, except those
for recreational marijuana. All recreational marijuana activities are subject to specific process approval
allowances and prohibitions per JCC 18.15.040, Table 3-1, for recreational marijuana and the performance
standards in JCC 18.20.295.
(c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section, are prohibited in
all land use districts except agricultural lands. Proposals that would be classified accessory uses in agricultural
lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other
land use districts under different and appropriate land use classifications, such as commercial use, light
industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and
prohibited uses per land use district and the associated permit processes and approval criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for recreational
marijuana, are considered a matter of right and not subject to land use permits or approval from the
administrator, subject to the following limitations and provisions in association with these various use
categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in
such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on site in a location and manner that
does not encroach upon or negatively impact _,crriga( areas and their
protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural
use.
(B) New structures are constructed or existing structures are expanded in a location and manner that
does not encroach upon or negatively impact enviranmenWly sensitivecritical areas and their
protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural
use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the product was raised or
produced on the site or on other Jefferson County parcels, including but not limited to prepared foods,
cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing
involving more than one local farmer.
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm
buildings, including cooperative sales involving more than one local farmer, subject to the following
provisions:
(A) At least 50 percent of the square footage of the undercover, retail display area is comprised of
products from the farm on which the stand is located or from land owned by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale occurs, all the
products sold must primarily supply local agricultural activities and the sales must be accessory to the
prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm
equipment, livestock fencing, horticultural supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment,
structures, or machinery manufactured on site for use in agricultural operations subject to the following
provisions:
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses — Standards for
site development.
(C) Storage of vehicles, equipment, materials or products not related to agriculture must meet the
requirements of JCC 18.20.280, Outdoor storage yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on a temporary
or continuous basis, such as U -Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch
sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated
display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions:
(A) All activities must be closely related to normal agricultural activities. Activities which simply
adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural
activities are not permitted as a matter of right; however, they may be considered under JCC
18.20.350, Small-scale recreation and tourist uses. The following list of uses not permitted as a matter
of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade
type games and activities, dance halls, stage performances, drinking establishments that serve alcohol
which is not wine produced on site, fireworks, sporting events, caged wild animals, exhibits, etc.
(B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary
outdoor uses.
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of instruction. Schools with
classes that exceed four weeks must meet the provisions of subsection (3)(e)(ii)(B) of this section,
addressing agricultural schools.
(C) If students are regularly housed on site for the class, the provisions of JCC 18.20.210, Hospitality
establishments, shall apply.
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing,
processing, assembling and selling lumber is limited to timber from the designated agricultural lands
property on which the activity is located and is subject to the regulations of JCC 18.20.230, Lumber mills
(portable and stationary).
(e) When Permit Process Is Required.
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as
one of the uses listed in subsection (3)(d) of this section and yet exceed or lie outside of the terms and
limitations set forth in subsection (3)(d) of this section are considered discretionary uses (i.e., "D" uses),
as defined at JCC 18.15.020(1)(b), and subject to a Type II administrative review as specified in Chapter
18.40 JCC. The administrator may classify the proposed use as an allowed "yes" use, conditional
administrative use, conditional use, or prohibited use. The permit process is subsequently conducted
pursuant to Chapter 18.40 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on designated agricultural
lands subject to a discretionary determination by the administrator (i.e., a Type II administrative review
process for a "D" use), provided they are located, designed and operated so as not to interfere with natural
resource land uses and subject to the following provisions in association with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an accessory dwelling unit;
provided, that:
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(I) The housing is used exclusively for agricultural workers on the farm and their families or
members of the family of the farm owner with at least one member of each household actively
working on the farm.
(II) The housing for farm labor is not sold, leased or rented to the general public unless the
owner applies for and receives a permit for an agriculture -related recreational or tourist use as
specified in JCC 18.20.350.
(III) The farm worker housing units are constructed in such a manner that they meet all
applicable regulations for dwelling units for agricultural worker housing.
(IV) A covenant is recorded with the title of the parcel on which the housing is located in a form
satisfactory to the county that specifies that the units are exclusively for use by farm laborers
and their families employed on the property by the owner. The use of the farm labor dwelling
units may be converted to nonagricultural uses and the covenant removed subject to approval by
the administrator and issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer services.
(B) Agricultural schools which offer a program that lasts for more than 30 days per year per student
and which may be the primary function of the land, subject to the following provisions:
(I) The predominant focus of the curriculum and activities of the school is closely tied to and
dependent upon agricultural activities and facilities on the farm. If the school has a conventional
curriculum and is merely utilizing an agrarian setting, it does not qualify for location on
designated agricultural land.
(II) Agricultural schools under this section which also house students and/or faculty for the
duration of the course of study must meet the requirements of JCC 18.40.090490 for a
conditional use permit.
(III) Buildings and parking facilities used for the school avoid location on prime agricultural
soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their business serving large
domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of JCC
18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not include an on-site, large animal
practice are not permitted on land designated agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a farm subject to the
restrictions set forth in JCC 18.20.350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC
18.20.350(6)(a)(i) through (ix).
(F) Guide services associated with livestock used for trail riding, packing, etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350.
(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). [Ord. 4-15 § 4 (Att.
C)]
18.20.040 Airports.
Reserved. [Ord. 8-06 § 1]
18.20.050 Airfields and airstrips.
Reserved. [Ord. 8-06 § 1]
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18.20.060 Animal kennels, catteries, and shelters.
(1) Purpose. Animal kennels, catteries and shelters are establishments or businesses that board, breed, or provide
temporary, permanent, or semi -temporary care to dogs, cats or a combination thereof.
(2) Animal kennels, catteries and shelters, in addition to applicable requirements of Jefferson County animal
responsibility ordinance (Chapter 6.05 JCC) are subject to the following standards:
(a) Animals shall be sheltered in suitable, clean structures. Structures and animal runs associated with a
commercial kennel, shelter or cattery shall be located at least 100 feet from any property line. Hobby kennels
shall be sited at least 50 feet from any property line.
(b) Kennels, catteries or shelters located adjacent to or within rural village centers or rural residential (RR 1:5)
districts shall be indoor facilities only.
(c) Animals being kept on the premises shall be allowed outside only between the hours of 7:00 a.m. and 10:00
p.m., except when accompanied by an attendant.
(d) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of adjoining property. [Ord. 8-06 § 11
18.20.070 Asphalt and concrete batch plants.
(1) Both permanent and temporary asphalt and concrete batch plants shall meet the requirements of JCC 18.20.220,
Industrial uses — Standards for site development; JCC 18.20.240, Mineral extraction, mining, quarrying and
reclamation; and Article VI -E of Chapter 18.15 JCC and JCC 18.30.170 relating to the operation and siting of such
facilities in critical aquifer recharge areas.
(2) If necessary to meet the requirements specified in JCC 18.20.220 and 18.20.240, all receiving, mixing, and
preparation activities related to asphalt and concrete batch plants shall occur in an enclosed space that includes an air
filtration exhaust system. [Ord. 8-06 § 11
18.20.080 Assembly facilities.
The following standards apply to all assembly facilities:
(1) Operators of assembly facilities such as meeting halls, community centers, churches, etc., if served by a shared
private, nonpaved road must mitigate the dust and road maintenance problems associated with the increased road
use.
(2) The storage of buses or vans over 10,000 pounds gross vehicle weight is permitted on-site only, subject to the
following requirements:
(a) The location of the parking areas for these vehicles is as indicated on an approved site plan;
(b) No more than two large vehicles may be stored on-site at a given period of time unless screened from view
of adjacent property meeting the Type A screening requirements of JCC 18.30.130 for such uses in rural
districts and, in urban districts, subject to the screening requirements of Chapter 18.18 JCC (Irondale and Port
Hadlock UGA Implementing Regulations), except as otherwise provided for in this chapter; and
(c) Vehicles and vehicle parking shall not intrude into public rights-of-way or obstruct sight visibility from any
driveway.
(3) Dwelling Units. Any dwelling in conjunction with assembly facilities shall comply with the provisions
governing residential uses for the district designation in which they are located.
(4) Screening. There shall be Type -C (JCC 18.30.130) screening along the perimeter of any parking lot that is
adjacent to or across a road from residential land uses in rural districts. Screening requirements in urban districts
shall be as required in Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations), except as
otherwise provided for in this chapter.
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(5) Associated Uses. Uses sponsored by a community club or organization such as day schools, auditoriums used for
social and sports activities, health centers, convents, preschool facilities, or convalescent homes, shall be considered
separate uses subject to the provisions of this code for the district designation in which they are located. (See also
JCC 18.20.180, which provides for child care centers as accessory uses.)
(6) On Agricultural Lands. Assembly facilities on designated agricultural lands must be for uses related to the
practice of agriculture, such as classes and programs on raising crops, animals, husbandry, etc. [Ord. 8-06 § 1]
18.20.090 Automotive fuel, service, and repair stations.
Automobile fuel, service, and repair stations must conform to the following restrictions and standards:
(1) Ingress and egress must be by means of driveways approved by the county engineer and WSDOT, where
applicable;
(2) All driveways must be at least 35 feet from street intersections;
(3) Driveways must be not less than 40 feet apart and not less than 15 feet from interior property lines;
(4) Parking and storage areas must be paved in accordance with specifications of Chapter 18.30 JCC;
(5) Service stations shall have a minimum of 150 feet of frontage on at least one street from which there is access;
(6) Outdoor storage shall be located in the rear yard and be completely screened from view if located next to a
residential district;
(7) Automobile service station lighting must be adequate to permit safe nighttime operation, but must be of direct
cutoff design, shielded, or placed to avoid glare or nuisance to nearby residential property and passing street traffic;
(8) Any vehicle stored for more than 30 days must be screened by a Type -A landscaping screen (see JCC
18.30.130);
(9) A Type -C landscaping screen (see JCC 18.30.130) must be provided along all road frontages in rural districts.
Screening requirements in urban districts shall be as required in Chapter 18.18 JCC (Irondale and Port Hadlock
UGA Implementing Regulations), except as otherwise provided for in this chapter; and
(10) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property. [Ord. 8-06 § 11
18.20.100 Automobile wrecking yards and junk (or salvage) yards.
Auto wrecking yards and junk (or salvage) yards are subject to the following standards:
(1) Total use area shall not exceed three acres.
(2) Minimum street frontage shall be 100 feet.
(3) Minimum lot depth shall be 125 feet.
(4) Minimum building setback distance from property lines shall be 30 feet on all sides.
(5) A Type A landscaping screen (JCC 18.30.130) shall be used to enclose the auto wrecking yard or junk yard.
(6) All outdoor storage shall be within the screened area.
(7) At no time shall any items be piled higher than the screening.
(8) Scrap tires shall not be stored outside for a period exceeding 30 days.
(9) Notwithstanding the above regulations, all auto wrecking yards and junk yards must comply with all state
regulations pertaining to this type of use.
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(10) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property. [Ord. 8-06 § 11
18.20.110 Cemeteries.
The following standards shall apply to all new private and public cemeteries permitted under this code:
(1) Minimum lot area shall be two acres;
(2) Points of ingress and egress shall be approved in writing by the county engineer;
(3) A protective fence and landscaped strip of trees and shrubs at least 10 feet in width shall be installed on all
common property boundary lines;
(4) A cemetery shall be located a minimum of 500 feet from any existing dwelling other than the dwelling of the
owner or caretaker;
(5) No structure shall be located on the cemetery within 50 feet from any property line; provided, however, that
accessory buildings may be located within 10 feet of the side and rear property line;
(6) Graves shall be located a minimum of 15 feet from any property line. [Ord. 8-06 § 1]
18.20.120 Colleges or technical schools.
Colleges or technical schools are subject to the following standards:
(1) Colleges or technical schools must comply with the site standards for industrial uses in JCC 18.20.220.
(2) Schools on designated agricultural lands must also meet the requirements set forth in JCC 18.20.030,
Agricultural activities and accessory uses. [Ord. 8-06 § 11
18.20.130 Commercial communication facilities and sites.
Commercial communication and personal wireless facilities are regulated under Chapter 18.42 JCC. [Ord. 8-06 § I]
18.20.140 Commercial uses — Standards for site development.
(1) All Commercial Uses. The following standards apply to all commercial uses as listed in Table 3-1, all
commercial uses identified in Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations), and
to any use determined by the administrator to be a commercial use.
(a) Water supplies and sewage disposal facilities adequate to serve the proposed use shall be provided.
Occupancy shall not be permitted before water supplies and sewage disposal facilities are approved and
installed.
(b) Use of a county, state, or private road for access to new commercial development shall be permitted only if
the applicant demonstrates that public health, safety, and welfare will be protected, and if traffic and
maintenance impacts to the private road are minimized by conditions on the permit. In all cases, the use must
have controlled access along the entire frontage of the lot; and be limited to one curb cut unless otherwise
authorized by the county engineer for public safety purposes.
(c) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property.
(d) In cases where two or more commercial lots are adjacent to one another, internal and external shared access
is encouraged.
(e) Rural commercial uses shall require landscaping or screening subject to the provisions of JCC 18.30.130;
urban commercial uses shall require landscaping or screening subject to the provisions of Chapter 18.18 JCC
(Irondale and Port Hadlock UGA Implementing Regulations), except as otherwise provided in this chapter.
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(2) Commercial Development in Rural Designations. The following standards apply to all commercial uses located
in the rural land use designations listed in Table 3-1, as determined by the administrator.
The proposed use will result in minimal additional demands on services and utilities available in rural areas and will
not result in more than a minimal and manageable increase in demand on community water supplies, sewage
disposal systems, or roads. [Ord. 8-06 § 11
18.20.150 Convenience stores and car washes.
Convenience stores of general merchandise and car washes shall be subject to the following standards:
(1) Access, traffic turning movement, off-street parking, and public service needs shall be provided in a safe,
convenient and efficient manner.
(2) Accessory fuel dispensing service may be provided, but not motor vehicle repair or services.
(3) Car washes not connected to public sewers shall treat and dispose of wastewater in a manner consistent with
rules, policies and guidelines established by the Washington Department of Ecology. [Ord. 8-06 § 11
18.20.160 Conversions of land to nonforestry use — Forest practices — Conversion option harvest plans
(COHP).
(1) Forest Practices — General Regulations for Forest Management.
(a) Forest practices (those practices pertaining to protecting, producing, and harvesting timber for economic
use) shall be subject to Chapter 76.09 RCW, the Washington State Forest Practices Act, its implementing
regulations at WAC Title 222, applicable provisions of the Jefferson County Shoreline Master Program, and
this code as established in this section.
(b) Emergency Conditions. No prior notification or application shall be required for emergency forest practices
necessitated by and commenced during or immediately after fire, windstorm, earthquake, structural failure or
other catastrophic event. Within 48 hours after commencement of such practice the operator shall submit an
application or notification to the WDNR with an explanation why emergency action was necessary so that the
WDNR may evaluate the appropriateness of the "emergency" and of the actions taken. Such emergency forest
practices are subject to Chapter 76.09 RCW, WAC Title 222, and county authorities derived from them
(including the requirements of this code); provided, that the operator:
(i) May take any reasonable action to minimize damage to forest lands, timber or public resources from
the direct or indirect effects of the catastrophic event; and
(ii) Shall comply with any requirements of a notice to comply or stop work order as if the operations were
conducted pursuant to an approved application (RCW 76.09.060(7); WAC 222-20-070).
(c) Harvesting without a Permit. When harvesting takes place without a permit (except as provided in
subsection (1)(b) of this section), the county shall impose the six-year moratorium of subsection (5)(b) of this
section from the date the unpermitted harvesting was discovered by the WDNR or the county. If the land is
converted to nonforestry use, this also constitutes an illegal conversion that is subject to the enforcement
provisions of sections (6)(a)(ii) and (6)(a)(iii) of this section (RCW 76.09.060(3)(b)(i)(C) and (iii)).
(d) Logging roads shall be subject to provisions of this section and the Jefferson County Shoreline Master
Program, when applicable.
(2) Regulations by Designation. General regulations in this section shall apply to all land use districts.
(3) Class IV General Forest Practices and Jurisdictions.
(a) Purpose.
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(i) Class IV general forest practices involve the conversion of forested lands to nonforestry uses, or forest
operations being conducted on lands with a high likelihood for conversion to nonforestry use, such as in a
designated urban growth area.
(ii) Recognizing the potential for higher impacts related to a conversion, Class IV general applications are
subject to approval conditions pursuant to environmental, critical areas, and stormwater review.
(b) Applicability. Applications involving any of the following circumstances are Class IV general:
(i) Lands that have been or are being converted to nonforestry use;
(ii) Forest practices (other than those in Class I) on lands platted after January 1, 1960;
(iii) Lands with a likelihood of future conversion to urban development within the next 10 years;
(iv) Forest practices which would otherwise be Class III, but which are taking place on lands which are not
to be reforested because of the likelihood of future conversion to urban development (WAC 222-16-060
and 222-34-050); and
(v) All Class I, Class II (including timber harvest and road construction) and Class III forest practice
applications in any designated unincorporated urban growth area.
(c) Exceptions to the Requirement for a Class IV General Permit. Exceptions to the requirement for a Class IV
general forest practices application are determined by WDNR through application of the pertinent WAC under
the Forest Practices Act. Proposals that do not require a Class IV general from WDNR may still require a
stormwater management permit or other review by Jefferson County.
(d) Jurisdiction for Class IV General Permit Review and Approval. Until such time as the local government
entity assumes sole jurisdiction over Class IV general forest practices through procedures outlined in the Forest
Practices Act, WDNR maintains permit authority over Class IV general applications. However, activities
proposed in conjunction with a Class IV general forest practices application require a companion stormwater
management review by Jefferson County. In accordance with WAC 222-20-010(8), a local government
clearing and/or grading permit is necessary information for a complete Class IV general forest practices
application to the WDNR. The equivalent approval in Jefferson County is a stormwater management permit,
which shall be obtained prior to conducting land disturbing activity (JCC 18.30.070).
(4) Regulations Governing Class IV General Forest Practice Permits, and Conversion of Forested Land to
Nonforestry Use.
(a) SEPA Review Required. Class IV general forest practices are reviewed under SEPA, and the preparation of
a checklist (see Chapter 18.40 JCC) is required. (However, Class I forest practices in urban growth areas when
processed as Class IV general forest practices are not subject to environmental review under SEPA)
(b) Procedures for Conversion to Nonforestry Use. If a forest practice permit application indicates the intention
by the property owner to convert to a nonforestry use, or if forest practices are proposed to occur on land
platted after January 1, 1960:
(i) The county is lead agency for environmental review of Class IV general forest practices under the State
Environmental Policy Act. This review shall be conducted in association with a stormwater management
permit application submitted to the county for the proposed activities that also require a Class IV general
forest practices application with WDNR.
(ii) Any proposal which encompasses a conversion from forestry to nonforestry use shall require a
stormwater management permit from Jefferson County and be reviewed by the county for compliance
with the requirements and standards of this code, including such as shorelines, critical areas, road design,
stormwater management, and grading and excavation), and other applicable codes and regulations.
(5) Regulations Governing Continuance of Forestry Use.
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(a) Landowner's Intention Not to Convert.
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(i) If the landowner submits a signed statement to the WDNR, as part of a forest practices application, that
the land will be retained in forestry use and will not be converted to uses other than commercial forest
product operations within 10 years after approval of the application, then a Class IV general permit and
accompanying county stormwater management permit will not be required, and a mandatory development
moratorium shall be applied (see subsection (5)(b) of this section).
(b) Mandatory Six -Year Development Moratorium. For six years after the date of the application the county
shall deny any and all applications for permits or approvals, including building permits and subdivision
approvals, relating to or for nonforestry uses of land subject to the application (RCW 76.09.060(3)(b)(i), (ii),
and (iii)).
(c) Release of Moratorium.
(i) A property owner can wait until the required time period expires or apply to have the development
moratorium released or apply to the county for a "release" from the moratorium for the construction of a
single-family residence on the subject parcel or for a "full release" from the moratorium for the full extent
of the area covered by the moratorium.
(ii) The administrator may "release" the development moratorium for the construction of one single-family
residence and related accessory buildings on a legal lot and building site through a Type II approval
process.
(iii) A "full release" from a moratorium shall be subject to a Type III quasi-judicial process.
(iv) A release of development moratorium is subject to the following findings:
(A) The person requesting the release did not attempt to avoid the county review or restrictions of a
conversion forest practices application, as evidenced by a transfer of property;
(B) Critical areas and their buffers, and shoreline area as set forth in this code and the Shoreline Master
Program were not damaged in the forest practice operation, or that any such damage is repairable with
restoration; and
(C) Corrective action can be undertaken to provide for compliance with applicable conversion
standards established by this section.
(v) At least 10 days prior to taking action on a request for release, and following a Type II or III
procedure, the administrator shall solicit comments from the following:
(A) Property owners of record within 300 feet of the subject property within an urban growth area, or
within 500 feet of the subject property if outside of an urban growth area;
(B) Appropriate state departments such as Ecology, Natural Resources and Fish and Wildlife;
(C) Appropriate tribal governments; and
(D) Other interested parties requesting such permit information.
(vi) The administrator or hearings examiner may authorize, conditionally authorize, or deny a release
application.
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(vii) Upon request of the property owner, the moratorium may be rescinded by the administrator if an
approved forest practices application has been either withdrawn or expired, and no harvest in reliance
upon such approval has taken place.
(d) Continuing Forestry in Urban Growth Areas. Forest practices within a designated UGA require a Class IV
general permit, unless:
(i) The landowner submits a signed statement of intent not to convert for 10 years, as per subsection (5)(a)
of this section, with an application, accompanied by either a written forest management plan acceptable to
the WDNR or documentation that the land is enrolled under the provisions of Chapter 84.33 RCW (i.e.,
proof of forest tax class status). A mandatory development moratorium shall be applied (see subsection
(5)(b) of this section); or
(ii) A COHP is submitted to the WDNR as part of an application.
(6) Illegal Conversions and Enforcement.
(a) Conversion without a Class IV General Permit or COHP.
(i) If land is converted to a use other than commercial forest product operations within six years after
approval of a forest practices permit application that was not a Class IV general or did not have a COHP
attached, the conversion constitutes a violation of each of the local and regional authorities to which the
forest practice operations would have been subject if the application had stated that conversion was
intended (RCW 76.09.060(3)(b)(iii)).
(ii) The county shall impose the six-year moratorium of subsection (5)(b) of this section from the date the
unpermitted conversion was discovered by the WDNR or the county (RCW 76.09.060(3)(b)(i)(C)).
(iii) Violations may be subject to civil or criminal penalties, as per Chapter 222-46 WAC. The county may
also enforce its regulations as provided in subsection (6)(a)(i) of this section, using the procedures in
Chapter 18.50 JCC.
(b) Failure to Comply with Reforestation Requirements. This constitutes a removal of forest tax designation
and a change of use, and shall subject the lands to the payments and/or penalties resulting from such removals
or changes (RCW 76.09.060(3)(b)(ii)).
(7) Conversion Option Harvest Plan (COHP) — General Regulations.
(a) A COHP is a voluntary plan developed by the landowner and approved by the county that indicates the
limits and types of harvest areas, road locations, and open space. This approved plan is submitted to the WDNR
as part of a Class II, Class III, or Class IV special forest practice application, and is attached to and becomes
part of the conditions of the permit approved by the WDNR.
If the requirements of the COHP are continuously met by the landowner, the COHP maintains the landowner's
option to convert to a use other than commercial forest product production; that is, it releases the landowner
from the six-year moratorium on future development (see subsection (5)(b) of this section) without having to
file a Class IV general application (WAC 222-20-050(2)).
Failure to meet the requirements of the COHP requires the imposition of the six-year moratorium, and
conversions under such circumstances are illegal conversions; see subsection (7)(f) of this section.
(b) All applications for a COHP shall be submitted to the administrator in a form to be determined by the
administrator. COHP will be processed and reviewed in the same manner as a Type II permit review process
for compliance with development and performance standards of this code. The application shall include:
(i) The application checklist, including a legal description of the property;
(ii) The COHP agreement form;
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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(iii) The application fee;
(iv) Maps and drawings of the property detailing the following:
(A) Location of existing and proposed roads, yarding areas, and access points;
(B) Location and types of vegetation, old growth trees (all trees over 125 years old), and snags;
(C) Location and type of soils;
(D) Location and type of water bodies, drainage ways, or wetlands;
(E) Location and type of critical habitat areas and other critical areas (see
A..tiele yr ri et se 4 hapter 18.-1522 JCC);
(F) Comprehensive Plan designation for the property;
(G) Intended use(s), if known;
(H) Approximate limits of conversion option harvest area;
(I) Specific plans to modify or conduct forest practice activity for future conversion options;
(J) Location and approximate dimensions of all clearcut areas; and
(K) Parcel boundaries and dimensions;
(v) Maps sufficient to describe any and all off-site improvements or access roads, together with evidence
that all property owners of record, and all easement holders, for the off-site areas and access roads have
signed an agreement to the use of the off-site area(s) and access roads;
(vi) An erosion control plan consistent with the requirements of JCC 18.30.070.
(c) All COHPs meeting the following minimum standards stipulated below will be subject to the Type II review
process. Proposals meeting the COHP criteria will not be subject to review under the State Environmental
Policy Act.
(i) No more than 40 percent of the number of standing merchantable trees and trees 12 inches diameter -at -
breast -height (dbh) or greater may be harvested under a CORP. All stumps and understory shall remain
undisturbed as much as possible. No brush raking is permitted. Additional harvesting within six years
from the date the COHP harvest is completed will require submittal of a State Environmental Policy Act
(SEPA) checklist and SEPA review by the county (see Chapter 18.40 JCC).
(ii) A COHP shall preserve a 50 -foot -wide buffer along the perimeter of the site. With the exception of
approved road access points, no more than 30 percent of the total number of standing merchantable trees
and trees 12 inches dbh or greater may be removed within the buffer; provided, that no portion of the
buffer shall be clearcut.
(iii) A COHP shall preserve a 50 -foot -wide buffer along all public and private road rights-of-way
adjoining or abutting the subject property. A 15 -foot -wide buffer shall be preserved along roads within the
subject property. With the exception of approved road access points, no more than 30 percent of the total
number of standing merchantable trees and trees 12 inches dbh or greater may be removed within the
buffer provided that no portion of the buffer shall be clearcut.
(iv) All roads in a COHP shall be designed to accommodate the potential for future development and
subdivision of the property. Roads and skid trails shall minimize total road length. All roads in a COHP
shall meet the design and construction standards specified in Chapter 18.30 JCC. All roads which propose
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to cross a stream shall be required to obtain an hydraulic project approval (HPA) permit, as determined by
the Washington Department of Fish and Wildlife, prior to submittal of the COHP.
(v) A COHP shall minimize the number and size of clearcut areas. No individual clearcut areas may
exceed 10 percent of the total acreage, up to a maximum of two acres.
(vi) A COHP shall contain written authorization from the property owner agreeing to Jefferson County
enforcement of nonforestry-related conditions of the COHP permit issued by the WDNR.
(vii) All COHP harvest activities shall be completed within two years from the date the COHP forest
practice permit is issued by the WDNR.
(viii) Where evidence of unstable soils (as defined by the WDNR) exists, no trees or other vegetation will
be removed on slopes exceeding 30 percent. On slopes of 15 percent to 30 percent, no undergrowth shall
be removed and tree removal shall not exceed 25 percent of the total number of trees.
(ix) Where soils are documented as stable, tree removal shall not exceed 30 percent of the total number of
trees on slopes between 20 percent and 40 percent. Tree removal and removal of vegetative cover is not
permitted on slopes exceeding 40 percent.
(x) All trees over 125 years old shall be retained where practical. Snags shall be retained where they do
not pose a safety hazard.
(xi) Trees remaining on the site after the harvest will represent all species and size classes existing on the
site before harvest.
(xii) Trees remaining on the site will be of sufficient quality (good crown cover, deep root system, and
healthy condition) to survive after the harvest is complete.
(xiii) All required buffers shall be flagged and approved prior to harvesting.
(d) Any COHP which exceeds the minimum requirements of subsection (7)(c) of this section, or exceeds
thresholds listed below, shall be submitted in the same manner described above but will also require (i) a site
inspection by the county to evaluate the potential impacts of the COHP; and (ii) the preparation of a SEPA
checklist. Note: the standard for the preparation of a checklist for forest practices is the "potential for
substantial impact on the environment." If the site inspection and checklist indicate that there will be probable
significant impacts, a determination of significance shall be issued unless the impacts can be sufficiently
mitigated for an MDNS (see Chapter 18.40 JCC).
The thresholds for review are:
(i) The total property included in the COHP is greater than 20 acres, or any portion is classified as
designated forest land or is located within a forest resource land use district;
(ii) The COHP includes harvest on slopes exceeding 40 percent;
(iii) The COHP includes any clearcut areas exceeding two acres;
(iv) The COHP has potential for substantial adverse impacts on wildlife, as determined by the Washington
Department of Fish and Wildlife;
(v) The COHP has potential for substantial adverse impacts on archaeological resources, as determined by
the Washington Office of Archaeology and Historic Preservation or a qualified professional;
(vi) The COHP has potential for substantial adverse impacts on Class 1 or Class 2 regulated wetlands,
includes fill in wetlands, or is located where no natural wetland buffering vegetation is present.
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(e) The WDNR shall review and take action on all permit applications that have approved COHN attached
within 30 days from the date of a complete application. Failure of the WDNR to take action within 30 days
shall result in the COHP plan being approved as submitted.
(f) Failure to Comply with the Terms of a CORP.
(i) An approved COHP may not be altered or revoked by the permittee without written agreement by the
administrator, or by the county without agreement by the permittee, and in either case must be approved
by the WDNR.
(ii) If a landowner fails to comply with the requirements of the conversion option harvest plan, the county
shall impose the six-year moratorium of subsection (5)(b) of this section from the date the application for
the permit was given final approval by the WDNR or by the county (if approval jurisdiction had been
transferred to the county) (RCW 76.09.060(3)(b)(i)(F)).
(iii) If a landowner fails to comply with the requirements of the conversion option harvest plan, any
conversion that occurs constitutes an illegal conversion that is subject to the enforcement provisions of
subsections (6)(a)(ii) and (6)(a)(iii) of this section.
(g) Improvements Subject to This Code. If any off-site or on-site improvements are subject to development or
performance standards or permit requirements of this code, such requirements shall be met before a COHP
approval is granted by the county. [Ord. 8-06 § 1]
18.20.170 Cottage industry.
(1) Purpose. To provide for small-scale economic development activities on residential parcels, subordinate to the
primary residential use, if the administrator finds that such activities can be conducted without substantial adverse
impact on the residential environment and rural character in the vicinity. The scale and intensity of cottage industries
are typically greater than could be accommodated as a home business, but less than would require a land use district
designation of commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
0) Small equipment repair;
(k) Woodworking shop;
(1) Excavating contractors;
(m) Small engine and boat repair; and
(n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy equipment repair).
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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(3) The following occupations are prohibited as cottage industries, except in the West End Planning Area — Remote
Rural (WEPA RR) overlay district (Article VI -L of Chapter 18.15 JCC) and when located on parcels with direct
access to a principal arterial (i.e., Highway 101) in the Brinnon Planning Area — Remote Rural (BRPA RR) overlay
district:
(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and
(c) Large-scale furniture stripping.
(4) All cottage industries shall be subject to the following standards, except as provided for in the West End
Planning Area and Brinnon Planning Area — Remote Rural overlay districts as specified in Article VI -L of Chapter
18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-family
residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the subject
property. Auto and truck repair shall only employ two persons on the site who reside off the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of
business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces, in addition
to one for each full-time equivalent employee who resides off the subject property, and two for the owners of
the property. All parking spaces shall meet the standards of JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to avoid
disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to the growing and
storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of
adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site
location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof
necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public
roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical
uses found within the particular district.
(i) No business may provide drive-through service.
0) Cottage industries shall be limited in their hours of operation. No business on-site customer service shall be
conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m.,
Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make modifications to the site
plan where necessary to protect the health, safety and welfare of the public.
(1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions of approved
cottage industries are permitted, except as specified in Article VI -L of Chapter 18.15 JCC, Remote Rural
Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote
overlay districts.
(m) No exterior display of goods for sale shall be allowed.
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(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential
function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in
character with neighboring properties. In no case shall more than 5,000 square feet of total building area on the
property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on-site are allowed, except for items collected, traded
and occasionally sold by hobbyists, such as coins, stamps and antiques, and their accessories.
(r) Minimum parcel size shall be one acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding
property. Any after-hours business activities shall not have noise impacts discernible beyond the property
boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the Jefferson County
environmental health department.
(5) Auto repair and service proposals are subject to the following additional requirements:
(a) The proposal shall submit a detailed operating plan in compliance with the latest addition of the Washington
State Department of Ecology's Guide for Automotive Repair Shops identified as Publication No. 92 -BR -16.
(b) The proposal shall include an operating plan which complies with the Department of Ecology's SMM. The
submittal shall include a stormwater management plan in compliance with Chapter 18.30 JCC and include
supplemental information which addresses and complies with Volume IV -2.1 and 2.2 of the SMM.
(c) The operation shall be limited to two stalls or bays for repair and servicing.
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or departing for or
from servicing or repair. This excludes the vehicles being actively serviced in the facility.
(e) A 50 -foot buffer shall be maintained from the structure housing the auto repair and service to all adjacent
property lines. [Ord. 8-06 § 11
18.20.180 Day care and residential care facilities.
(1) Child Day Care Facilities. The following standards apply to all child day care facilities:
(a) All day care facilities shall demonstrate compliance with state licensing requirements.
(b) Prior to initiating child care services, each child care provider must file a child care registration form with
the administrator. The provider shall identify the classification of the day care facility as specified in state law,
and must demonstrate compliance with the applicable requirements of this code as listed on the registration
form.
(c) Equipment used in the day care operations shall comply with all building setback requirements for the land
use district in which the facility is located.
(d) Day Care Facilities — Accessory Use.
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(i) A child day care center shall be considered an accessory use if it is sited on the premises of a
community service use, such as a private or public school, grange, community center, library, or similar
adult gathering place, and is operated in association with that activity.
(ii) Child care facilities for the exclusive use of employees of a business or public facility shall also be
allowed as an accessory use of the business or facility. Prior to initiating operation of an accessory use
child day care center, the operator must register with the county as specified in this section.
(e) No structural or decorative alteration is allowed which would alter the residential character of an existing
residential structure used as a child day care center.
(f) An off-street area shall be provided for vehicles to drop off and pick up children.
(2) Residential Care Facilities and Nursing Homes. The following standards apply to all residential care facilities
and nursing homes:
(a) The provider shall demonstrate compliance with state licensing requirements;
(b) Prior to operation, each provider must file a facility registration form with the administrator. The provider
shall identify the classification of the care facility as specified in state law and must demonstrate compliance
with the applicable requirements of this code as listed on the registration form. [Ord. 8-06 § 1]
18.20.182 Food and beverage stands.
(1) Food and beverage stands are divided into three separate classifications. A food and beverage stand must meet
the specific standards for either a mobile, temporary, or permanent unit as well as the general requirements in this
section. Each shall be required to adhere to the applicable requirements of the Jefferson County health department.
(2) Mobile food units are defined as readily movable food service establishment. "Readily movable" means that the
unit can be easily moved within an hour without major modification. Mobile units may be walk-up or drive-through
units and include carts that can be rolled around by hand, self-propelled vehicles, or built on a mobile trailer unit
frame. Mobile units are allowed without a permit; provided, that they meet all of the applicable criteria listed in this
section.
(a) Mobile units that fit the criteria listed in WAC 296-15OV-0020 for conversion vendor units require
certification by Washington State L&I and must have their insignia posted on the unit. Mobile units that are
moved by hand do not require an insignia from L&I.
(b) The operator of a mobile unit must submit a planned itinerary of operating locations, approved servicing
area(s), and written permission from the property owners along with their application to the health department.
Mobile units must meet the requirements of the zoning designation including associated setbacks, adequate
vehicle stacking, parking, and restroom facilities at locations where they operate. Mobile units are not allowed
to operate in a right-of-way. Mobile units may operate at commercial and industrial zones, construction sites,
festivals, outdoor markets, schools, community centers, parks, and churches.
(c) Mobile units are not permitted to remain at the operating location while the unit is not in service, unless
there is an approved wastewater disposal facility on-site and an approved source of water for food service.
(d) Mobile units shall also take reasonable precaution, such as tie downs or wheel locks, so that the unit does
not move unexpectedly during operation as a food service establishment.
(e) Subject to review and approval by applicable departments, mobile units may be allowed to hook up to
sewer, water, and electricity; provided, that the connections can be removed quickly and the unit remains
readily movable. Mobile units sited within a sewer service area shall not be required to hook up to the sewer
system.
(f) Skirting and decks, or similar modifications that limit the movability of the mobile unit are not allowed.
Accessory structures, such as picnic tables, seating, and storage sheds, are not allowed at locations where the
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mobile unit is in operation. Accessory buildings for storage may be allowed at the approved servicing area for
use while the mobile unit is not in operation.
(3) Temporary Food and Beverage Stands. Temporary stands are allowed for entrepreneurs to test the market before
making an investment in a permanent structure. Mobile units that list only one location on their planned itinerary
must operate in a commercial zone and require a temporary outdoor use permit (Type I) valid for six months. If the
applicant requests an extension, DCD shall review the permit for complaints, problems, and adverse impacts.
Identified problems and adverse impacts shall be corrected before an extension is granted.
If the mobile unit operates at one site, only one extension may be granted per site. A new temporary outdoor use
permit may be granted if there has been a period of two years without a mobile unit operating at the site. For the
purposes of this section, a "site" shall be defined as a lot or parcel, or lots and parcels in contiguous ownership.
Carts that are moved by hand are exempt from a temporary outdoor use permit; provided, that they do not remain at
the operating location while the unit is not in service as well as meet the rest of the requirements of this section.
Temporary food and beverage stands must remain readily movable as defined in this section while the temporary use
permit is in effect.
(4) Permanent Stands. Permanent food and beverage stands are built upon a permanent foundation system in
accordance with any and all applicable codes. In addition the stand shall not exceed 200 square feet. The stand shall
be connected to both water and septic/sewerage. Permanent stands shall be required to meet all appropriate
development standards.
(5) Parking. A minimum of two parking spaces shall be provided for employees. Food and beverage stands
providing a drive -up window shall provide at least six vehicle stacking spaces, equal to 15 linear feet per stacking
space. Mobile units that locate in an existing parking lot may not use more than 25 percent of the required parking,
including stacking lanes. Mobile units that operate in multiple locations may request that the employee parking
requirement be waived by the administrator in the case if the mobile unit serves as transportation for the employees
to a specific location.
(6) Trash Receptacles. All food and beverage stands shall provide trash receptacles. If the stand has drive -up
windows, the receptacles shall be usable by drivers from within their cars. Under no circumstance shall a dumpster
be allowed to meet this requirement.
(7) Location. Food and beverage stands shall be located in the following manner:
(a) The stand and service area shall not block designated sidewalks, rights-of-way, emergency exits or fire
lanes.
(b) The stand and service area shall not encroach into vehicle travel lanes.
(c) The stand shall not be located within any required landscaping areas.
(8) Signage. Permanent food and beverage stands may install a permanent sign on-site. Signs shall comply with JCC
18.30.150. Mobile units may utilize temporary signs, such as sandwich boards or signs affixed to the mobile unit.
(9) Restroom Facilities.
(a) Consistent with WAC 246-215-4-609150 approved restroom facilities for employees must be readily
accessible within 200 feet of the mobile food unit or stand during times of operation.
(b) The restroom will also include handwashing facilities with potable, warm, running water. [Ord. 8-06 § I]
18.20.190 Golf courses.
(1) Applications for a golf course must be accompanied by a design plan and best management practices plan. The
design plan shall minimize the use of pesticides, herbicides, fertilizers, and groundwater by the type and placement
of appropriate vegetative materials and other means. The use of pesticides, herbicides, or fertilizers that are known
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to leach into groundwater are prohibited. The design plan shall also demonstrate that an adequate water supply shall
be provided without diminishing the level of service for system users or others dependent upon the resource. The
best management practices plan shall include monitoring procedures and an integrated management plan. Once
approved by the county, the management plan shall be a condition of project approval and failure to comply with the
approved plan shall be grounds for revocation of the permit.
(2) Accessory uses to golf courses shall be limited to those either necessary for the operation and maintenance of the
course, or those which provide goods or services customarily provided to golfers at a golf course. Accessory uses
may include parking, maintenance facilities, cart storage and repair, clubhouse, restrooms, lockers and showers,
food or beverage service, pro shop, and practice or driving range, swimming pools, tennis courts, weight rooms, or
similar uses oriented to persons other than golf course patrons.
(3) Accessory uses which provide commercial services, such as food and beverage service and pro shop, shall not
exceed a total of 5,000 square feet of gross floor area.
(4) No occupied building accessory to a golf course shall be located within 100 feet of any property line.
(5) No off-street parking or loading area shall be permitted within 50 feet of a side and rear property. [Ord. 8-06 § 11
18.20.200 Home businesses.
Home businesses are accessory to the primary residential use and are permitted in any dwelling unit or accessory
structure. All home businesses shall be reviewed as Type I permit decisions, except as exempted under subsection
(3) of this section.
(1) The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of
uses:
(a) Artists, photographers, and sculptors;
(b) Authors and composers;
(c) Dressmakers, seamstresses, and tailors;
(d) Home day care;
(e) Home crafts such as model making, rug weaving, lapidary work, woodworking, and ceramics;
(f) Office facility of a minister, rabbi, priest or other similar person associated with a religious organization;
(g) Business office facility of a salesman, sales representative or manufacturer's representative, architect, artist,
broker, dentist, physician, public relations practitioner, engineer, planner, instructor in music, arts and crafts,
insurance agent, land surveyor, lawyer, musician, real estate agent, or typist;
(h) Classes of specialized instruction;
(i) Barbershops and beauty parlors; and
0) Bed and breakfast residences.
(2) Permitted home businesses do not include the following:
(a) Funeral chapel or funeral home;
(b) Medical or dental clinic or hospital;
(c) Veterinary clinic or hospital;
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(3) Home businesses operating under the following circumstances are permitted as a matter of right (that is, they are
exempt from an approval process), provided all of the other standards of this chapter are met:
(a) No employees;
(b) No sign;
(c) All work is done inside the dwelling, not in any accessory buildings;
(d) No materials or equipment used in the home occupation are stored, altered or repaired outdoors; and
(e) State -licensed home day care providers who provide child care for 12 or fewer children.
(4) A home business shall meet the requirements of this code and the following standards:
(a) Is clearly incidental and secondary to the use of the property for residential purposes;
(b) May be conducted in the principal dwelling unit or accessory structure, except for outdoor activities related
to the growing and storing of plants or other incidental outdoor activity related to the home business;
(c) The area devoted to the home business does not exceed 50 percent of the gross floor area of the dwelling
unit, or 1,200 square feet, whichever is greater. The home business may be located in an attached or detached
structure, but in no case shall be allowed to expand beyond the size permitted by this section; except as allowed
by Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area;
(d) More than one home business may be authorized on a single parcel; provided, that the total gross square
footage and number of employees are not exceeded;
(e) A home business will not be allowed if there is already a cottage industry permitted on the parcel, except for
those home businesses specified in subsection (3) of this section;
(f) The business must be owned and operated only by full-time residents of the parcel on which the proposed
use is being requested. The home business may not employ on-site, or report to work on-site, more than two
full-time persons other than those of the immediate resident family, except for licensed family home day care
providers;
(g) Has neither outside storage nor other exterior indication of the home business or variation from the
residential character of the property, except for home day care facilities providing child care for 12 or fewer
children;
(h) Retail sales are limited to products and services produced on the subject premises or items accessory to a
service (i.e., hair care products for beauty salon);
(i) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150;
0) Home-based businesses shall be limited in their hours of operation. No home business, except for bed and
breakfast operations and licensed family home day care providers, shall be conducted before 8:00 a.m. or after
8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday;
(k) For nonfarm home businesses, no outdoor storage of goods or materials shall be permitted;
(1) The proposed use shall not generate significant traffic in excess of that normally generated by typical uses
found within the particular district;
(m) Home businesses shall not be unreasonably disruptive to the use of adjacent properties. No equipment or
process shall be used in a home-based business which creates excessive noise, vibration, glare, fumes, odors, or
electrical interference to the detriment of the quiet use and enjoyment of adjacent and surrounding property;
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(n) For any home business, the county shall impose such reasonable conditions as may be found necessary to
ensure that the activity or use does not disrupt adjacent permitted uses. [Ord. 8-06 § 1]
18.20.210 Hospitality establishments.
(1) Bed and Breakfast Inns. The following standards apply to all bed and breakfast inns:
(a) No more than six guest sleeping rooms shall be accommodated in any bed and breakfast inn.
(b) If a building is on a federal, state, or local register of historic structures, then the owner may apply for a bed
and breakfast inn for up to 10 rooms. A conditional use permit may be granted if the historic character and
fabric of the building are preserved, if there are no new structures or additions to the existing structure(s), and if
all other bed and breakfast inn standards and restrictions are met.
(c) Meals may only be served to overnight guests.
(d) Kitchen facilities are prohibited in guest rooms.
(e) Bed and breakfast inns shall be restricted to proprietor -occupied, single-family residences.
(f) Guest occupancies shall be limited to no more than 30 consecutive days.
(g) The exterior of the building shall retain a residential appearance.
(h) Bed and breakfast inns shall be operated in a way that will prevent unreasonable disturbance to area
residents.
(i) One off-street parking space shall be provided for each guest room in addition to parking required for the
residence. All parking spaces shall meet the standards of Chapter 18.30 JCC.
0) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor
laws, and state sanitation requirements.
(k) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(1) All bed and breakfast inns are subject to the applicable water and food service sanitation requirements
established by the Washington State Board of Health and the Jefferson County board of health.
(2) Bed and Breakfast Residence. The following standards apply to all bed and breakfast residences:
(a) Bed and breakfast residences shall be restricted to owner -occupied single-family residences.
(b) No more than three guest sleeping rooms shall be available for the accommodation of bed and breakfast
residence guests.
(c) Guest occupancies shall be limited to no more than 30 consecutive days.
(d) Meals may only be served to overnight guests.
(e) The bed and breakfast residence shall be operated in a way that will prevent unreasonable disturbance to
area residents.
(f) One off-street parking space shall be provided for each guest room in addition to parking required for the
residence.
(g) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor
laws, and state sanitation requirements.
(h) No more than one sign is allowed, consistent with sign standards in JCC 18.30.150.
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(3) Transient Residence or Transient Guest House (Accessory Dwelling Unit). The following standards apply to all
short-term (less than 30 days) transient rentals of single-family residential units and guest houses (ADUs) or
portions thereof:
(a) The transient residence or guest house shall be operated in a way that will prevent unreasonable
disturbances to area residents.
(b) At least one additional off-street parking space shall be provided for the transient use in addition to the
parking required for the residence or guest house.
(c) If any food service is to be provided the requirements for a bed and breakfast residence must be met.
(d) No outdoor advertising signs are allowed.
(e) The owner or lessee may rent the principal residence or the guest house on a short-term basis, but not both.
(f) Where there are both a principal residence and a guest house (i.e., an accessory dwelling unit), the owner or
lessee must reside on the premises.
(g) Transient accommodations must meet all local and state regulations, including those pertaining to business
licenses and taxes. [Ord. 8-06 § 1]
18.20.220 Industrial uses — Standards for site development.
(1) All Industrial Uses. The following standards apply to all industrial uses as listed in Table 3-1, all industrial uses
identified in Chapter 18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations), and to those other
uses determined by the administrator to be industrial uses:
(a) The use of chemicals, industrial solvents, or other noxious or hazardous substances shall comply with all
federal, state, and county safety, fire, structural, storage, and disposal standards.
(b) Water supplies, wastewater, and sewage disposal facilities adequate to serve the proposed use shall be
provided. Industrial wastewaters shall not be discharged into an on-site septic system and are subject to waste
discharge permit requirements established by the water quality program of the Washington Department of
Ecology.
(c) Retail sales and services incidental to a principally permitted use are allowable, provided:
(i) The operations are contained within the main structure which houses the primary use;
(ii) Retail sales occupy no more than 15 percent of the total building square footage;
(iii) No retail sales or display of merchandise occurs outside the structure; and
(iv) All products offered for retail sales on the site are manufactured, warehoused, or assembled on the
premises (except for products sold at colleges or technical schools).
(d) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
heat, glare, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining
property.
(e) Use of a county access road or private road for access to new industrial development shall be permitted only
if the applicant demonstrates that public health, safety and welfare will be protected, and if traffic and
maintenance impacts to the private road are minimized by conditions on the permit.
(f) Development standards, including parking, visual screening and landscaping requirements, shall be as
specified in Chapter 18.30 JCC, Development Standards, for rural industrial uses and as specified in Chapter
18.18 JCC (Irondale and Port Hadlock UGA Implementing Regulations) for urban industrial uses, except as
otherwise provided for in this chapter.
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(2) Light Industrial Uses — Additional Standards. All operations other than loading and unloading shall be conducted
within a fully enclosed building, except for concrete batch plants located in an urban district subject to the
requirements of this chapter. [Ord. 8-06 § 11
18.20.230 Lumber mills (portable and stationary).
(1) The hours of operation of all lumber mills — new, existing, or portable — are limited to 7:00 a.m. to 7:00 p.m.
(2) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor,
electrical interference to the detriment of adjoining property. [Ord. 8-06 § 11
18.20.240 Mineral extraction, mining, quarrying and reclamation.
(1) In addition to meeting all other applicable requirements of this code, including this section, all new mineral
extraction and mineral processing activities located outside of an approved mineral resource land (MRL) overlay
district designation (as specified in Article VI -C of Chapter 18.15 JCC) shall be subject to the following standards:
(a) New mineral extraction and mineral processing activities in rural residential districts shall require a
conditional use permit subject to a Type III permit approval process.
(b) The total disturbed area of mineral extraction, mining and quarrying sites (excluding access roads) and any
associated mineral processing activities shall not exceed 10 acres. Any proposed mineral extraction which
would create disturbed areas in excess of 10 gross acres shall require an MRL designation in accordance with
Article VI -C of Chapter 18.15 JCC.
(2) The following standards apply to all surface mining and reclamation activities:
(a) All surface extraction shall be performed in full compliance with the Washington State Surface Mining Act
(Chapter 78.44 RCW). Other extraction must conform with all applicable Washington State laws.
(b) Applications for development permits for extraction shall be accompanied by a report prepared by a
professional geologist which shall include at least the following information:
(i) Types of materials present on the site;
(ii) Quantity and quality of each material;
(iii) Lateral extent of deposit(s);
(iv) Depth of deposit(s);
(v) Depth of overburden; and
(vi) Method of extraction.
(c) All extraction, surface mining, and reclamation operations must, to the extent possible, employ best
management practices (see Chapter 18.30 JCC) for drainage and erosion and sedimentation control, buffer
cones, and other precautionary measures as appropriate to protect adjoining lands, surface and groundwater
quality and quantity, natural drainage systems, efivirenmentally sensiti critical areas, wildlife habitat, and
scenic resources from adverse impacts resulting from the extraction operations and to meet the standards of this
code and other applicable county, state, and federal codes and regulations.
(d) Topsoil or other overburden having value for agriculture or other beneficial uses shall not be removed or
disposed of in a manner which will reduce its value or prevent its future use.
(e) Spoils shall be placed outside of critical areas and their buffers, and shoreline
areas. Final slope angle shall be no steeper than 1.5:1. Best management practices shall be employed for
drainage and other controls so that: (i) spoils are properly drained and do not cause ponding; (ii) runoff water
meets the requirements and standards of this code and other applicable county, state and federal codes and
regulations; and (iii) mass soil movement is prevented.
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(f) All extraction and reclamation activities that create a noise disturbance must take place between 7:00 a.m.
and 7:00 p.m. on weekdays, unless extended hours of operation are authorized for emergency purposes by the
administrator. No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, electrical interference to the detriment of adjoining property or the persons having the quiet
use and enjoyment of that adjoining property.
(g) The alteration, intensification, and expansion of existing gravel pits and surface mining operations is
allowed subject to reasonable performance standards to ensure that alteration, intensification, and expansion of
such uses have minimal adverse impacts on surrounding areas and uses; and provided, that:
(i) If increased off-site impacts (noise, vibration, dust, traffic) would result from expansion,
intensification, or modification, a conditional use permit shall be required.
(ii) Modification to include a new use or operation (e.g., a rock crusher) shall require a conditional use
permit subject to a Type III permit approval process.
(h) The following performance standards are required for mining, quarrying and asphalt/concrete batch
operations located within a designated susceptible aquifer recharge area or special aquifer recharge protection
area. Mining, quarrying and asphalt/concrete batch operations in such areas must also comply with the best
management practices identified in JCC 18.30.170 for those activities. Asphalt batch plants are prohibited in
special aquifer recharge protection areas (JCC 18.15.250(1)(b)).
(i) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plants located within a
designated critical aquifer recharge area shall, prior to approval and operation, submit a site evaluation
report to Jefferson County for review and approval. Prior to preparation of a site evaluation report, the
applicant shall prepare and submit a scope of work for the report to Jefferson County for review and
approval.
(ii) At a minimum, the site evaluation report shall contain the following elements: (A) permeability of the
unsaturated zone, (B) location of nearby sensitive areas (wellhead protection areas, special protection
areas, etc.), (C) groundwater depths and flow direction, (D) location, construction, and use of existing
wells within one-quarter mile of the subject site, (E) site map at one inch to 2,000 feet scale, (F) activity
characterization, (G) proposed best management practices, and (H) a contingency plan. In addition, the
following detailed information about the hydrogeologic characteristics of the site and a prediction of the
behavior of a contaminant may be required: (A) background water quality compiled over at least a one-
year period, (B) contaminant transport modeling based on potential releases to groundwater, (C) modeling
of groundwater withdrawal effects, (D) geologic and hydrogeologic characteristics including, but not
limited to, surface water on-site and with the subbasin or watershed that may have interactions with
groundwater or surface contaminants, and (E) groundwater monitoring plan provisions.
(iii) Gravel mining and rock quarrying operations located within a designated critical aquifer recharge area
shall, prior to approval and operation, obtain a National Pollutant Discharge Elimination System and State
Waste Discharge Individual General Permit (NPDES) for process water, stormwater, and mine dewatering
water discharges from the Washington State Department of Ecology, Water Quality Program.
(iv) Cement concrete batch plants, and asphalt concrete batch plants located within a designated critical
aquifer recharge area shall, prior to approval and operation, obtain a National Pollutant Discharge
Elimination System and State Waste Discharge Individual Permit from the Washington State Department
of Ecology, Water Quality Program.
(v) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plants located within a
designated critical aquifer recharge area shall demonstrate that the proposed activities shall not cause
degradation of the groundwater quality below the standards described in Chapter 173-200 WAC (Water
Quality Standards for Ground Water of the State of Washington).
(vi) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plants located within a
designated critical aquifer recharge area shall, pursuant to JCC 18.30.170(1), implement the Washington
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State Department of Ecology's Storm Water, Water Quality, Hazardous Waste, Wetland, and Solid Waste
Program BMPs and relevant BMPs from the Departments of Health, Agriculture, Transportation, and
State Conservation District Office or demonstrate through a best management practices report pursuant to
JCC 18.30.170(2), how they will integrate other necessary and appropriate mitigating measures on the
design, installation, and management of the proposed facility or use.
(vii) Provide a written agreement to the county providing that all employees at mining, quarrying, cement
concrete batch plants, or an asphalt batch plant site, will be notified that the operation lies above an aquifer
recharge area and providing annual training regarding all measures set forth by the BMPs established in
JCC 18.30.170 (1).
(viii) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plants located within a
designated critical recharge area shall at all times comply with Olympic Air Pollution Control Authority
permit requirements.
(ix) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plant operations located
within a designated critical area aquifer recharge area shall engage a third party, selection of which is
approved in advance by the county, to monitor compliance with regulations and conditions pertaining to
their NPDES/state waste discharge permit. Reports shall be prepared and distributed as required in the
NPDES/state permit with copies to the county each month unless the permit requires quarterly reporting,
in which case copies will be provided to the county quarterly.
(x) Mining, quarrying, cement concrete batch plants, and asphalt concrete batch plant operations located
within a designated critical area aquifer recharge area shall submit an annual report to the county
evaluating implementation of the Department of Natural Resources approved reclamation plan. A
qualified, independent consultant approved by the county shall prepare the report. The report shall identify
how restoration of the site compares to the approved reclamation plan and whether any corrective action is
contemplated by the applicant or required by the Department of Natural Resources. [Ord. 8-06 § 1]
18.20.250 Manufactured/mobile home parks.
The following standards apply to all nontransient manufactured and mobile home parks:
(1) All new manufactured/mobile home parks in rural districts shall be subject to the planned rural residential
development overlay district.
(2) At least 50 percent of the site shall be maintained in open space.
(3) Dwelling units shall be separated by a minimum of 15 feet.
(4) To enhance appearance and provide open space, a 30 -foot landscaped area shall be provided on all sides and rear
yards surrounding the development.
(5) A common storage area shall be provided at a ratio of 50 square feet per dwelling unit.
(6) Units shall be oriented in a manner that avoids repetitive siting, encourages privacy, and is compatible with the
site layout and topography.
(7) Units shall have skirting or permanent decks installed to obscure chassis prior to occupancy.
(8) A mobile home park may include a storage area for recreational vehicles owned by residents of the park;
provided, that the storage area contains no utility hook-ups and that no RV within the storage area shall be used as
living quarters.
(9) A carport or garage may be attached to a mobile home as an accessory use.
(10) Accessory structures shall be located no closer than 10 feet to mobile homes on adjacent spaces.
(11) The interior road network shall meet county standards. [Ord. 8-06 § 1 ]
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18.20.260 Nonconforming uses and structures.
A legal nonconforming use or structure is one that conformed to all applicable codes in effect on the date of its
creation, but no longer complies due to subsequent changes in the code. Nonconformity is different than and is not
to be confused with illegality (see the definitions of "nonconforming," "nonconforming use," and "illegal use" in
Chapter 18.10 JCC). Legal nonconforming uses and structures are commonly referred to as "grandfathered."
(1) Nonconforming uses of land are uses which currently exist and were lawfully established prior to the enactment
of this code. Legally established uses may continue as long as they remain otherwise lawful, provided:
(a) The nonconforming use of land is not discontinued or abandoned for a period more than two years. A
property owner may be allowed three years if they demonstrate a bona fide intention to sell or lease the
property. For purposes of calculating this time period, a use is discontinued or abandoned upon the occurrence
of the first of any of the following events:
(i) On the date when the land was physically vacated;
(ii) On the date the use ceases to be actively involved in the sale of merchandise or the provision of
services; or
(iii) On the date of termination of any lease or contract under which the nonconforming use has occupied
the land.
(b) A legal existing nonconforming use can be expanded up to 10 percent subject to a Type I permit approval
process.
(c) A nonconforming use may be expanded beyond 10 percent through the approval of a Type II C(d)
discretionary conditional use permit process. In addition to meeting the criteria set forth through the conditional
use permit process, the department shall determine the expansion proposal has met the following:
(i) The proposed area for expansion is contiguous to the nonconforming use;
(ii) The area for expansion of the use complies with all applicable bulk and dimensional standards,
performance provisions, and environmental and shoreline (WAC 173-27-080) regulations;
(iii) The area for expansion shall not increase the land area devoted to the nonconforming use by more
than 100 percent of that use at the effective date of the nonconformance;
(iv) The expansion shall not be granted if it would result in a significant increase in the intensity of the use
of the nonconformity (e.g., hours of operation, traffic).
(d) A nonconforming use of land may be changed to another nonconforming use; provided, that the proposed
use is equally or more appropriate to the district than the existing nonconforming use. Such change shall not be
more intensive or have greater impacts than the existing use. The proposed change shall be required to undergo
a Type III conditional use approval process. If the proposal encompasses structural or use expansion, refer to
subsections (2) and (3) of this section.
(2) Nonconforming structures are those that are out of compliance with the development standards set forth through
this code or other applicable federal, state or local regulation.
(a) Any legally established nonconforming structure is permitted to remain in the form and location in which it
existed on the effective date of the nonconformance.
(b) Nonconforming structures may be structurally altered or enlarged only if all applicable environmental and
development standards are met.
(c) Repairs to existing nonconforming structures including ordinary maintenance or replacement of walls,
fixtures, or plumbing shall be permissible so long as the exterior dimensions of the structure are not increased.
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(d) Nonconforming structures under the jurisdiction of the Shoreline Master Program shall be subject to the
nonconforming provisions stipulated through WAC 173-27-080.
(e) A legal existing nonconforming structure damaged or destroyed by fire, earthquake, explosion, wind, flood,
or other calamity may be completely restored or reconstructed. A structure shall be considered destroyed for
purposes of this section if the restoration costs exceed 75 percent of the assessed value of record when the
damage occurred. A structure can be completely restored or reconstructed if all the following criteria are met:
(i) The restoration and reconstruction shall not serve to extend or increase the nonconformance of the
original structure or use with existing regulations; and
(ii) The reconstruction or restoration shall, to the extent reasonably possible, retain the same general
architectural style as the original destroyed structure, or an architectural style that more closely reflects the
character of the surrounding area; and
(iii) Permits shall be applied for within one year of damage, an extension for permit application may be
requested from the administrator. Restoration or reconstruction must be substantially completed within
two years of permit issuance; and
(iv) Any modifications shall comply with all current regulations and codes (other than use restrictions)
including, but not limited to, lot coverage, yard, height, open space, density provisions, or parking
requirements unless waived by the appropriate county official through the granting of a variance.
(f) A legal existing nonconforming structure can be expanded up to 10 percent subject to a Type I permit
approval process.
(g) A legal existing nonconforming structure may be expanded beyond 10 percent through the approval of a
Type II C(d) discretionary conditional use permit. The expansion shall not increase the structure by more than
100 percent of total square footage calculated from the effective date of the nonconformance. Proposals for
expanding structures which house or contain a nonconforming use are subject to subsection (3) of this section.
(3) Nonconforming uses of structures apply to structures, whether conforming or nonconforming, that house or
contain nonconforming uses;
(a) A structure which houses or contains a nonconforming use cannot be expanded or enlarged if the structure
(in its enlarged or expanded state) does not meet all applicable performance and use standards, or
critical area requirements for the land use district in which it is located.
(b) A structures housing an existing legal nonconforming uses can be expanded up to 10 percent or 200 square
feet, whichever is greater, subject to a Type I permit approval process.
(c) Substantial expansions which exceed either 10 percent or 200 square feet shall be subject to a Type III
conditional use permit approval process. The expansion cannot increase the structural portion of the
nonconforming use by more than 3,999 square feet. The expansion is calculated from the effective date of the
nonconformance. Public purpose facilities shall not be subject to the building cap limitations of this section.
(d) A legal existing structure containing a nonconforming use may be repaired or maintained subject to all
applicable building and health codes.
(e) A nonconforming use contained within a nonconforming structure which is damaged or destroyed by fire,
earthquake, explosion, wind, flood, or other calamity may be reestablished pursuant to subsection (2)(e) of this
section.
(f) Nonconforming uses contained or housed in a structure cease to retain their legal nonconforming status if
the use is discontinued or abandoned for any reason for a period more than two years. A property owner may be
allowed three years if they demonstrate a bona fide intention to sell or lease the property. For purposes of
calculating this time period, a use is discontinued or abandoned upon the occurrence of the first of any of the
following events:
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(ii) On the date the use or activity ceases to be actively involved in the sale of merchandise or the
provision of services; or
(iii) On the date of termination of any lease or contract under which the nonconforming use has occupied
the structure.
(4) A nonconforming use of a structure may be changed to another nonconforming use; provided, that the proposed
use is equally or more appropriate to the district than the existing nonconforming use. Such change shall not be more
intensive or have greater impacts than the existing use. The proposed change shall be required to undergo a Type III
conditional use permit approval process. [Ord. 10-12 § 1; Ord. 8-06 § I]
18.20.270 Outdoor commercial amusement facilities.
The following standards shall apply to all outdoor commercial amusement facilities:
(1) There shall be no direct entrance to or exit from such use on any rural major collectors, principal arterials, or
state routes, unless determined to be acceptable by the Washington State Department of Transportation or the
County Engineer, as appropriate; and
(2) Access to such uses shall be only from full -width roads, which shall be surfaced in accordance with the county
engineer's specifications. [Ord. 8-06 § 11
18.20.280 Outdoor storage yards.
(1) All outdoor storage for vehicles, equipment, materials or products used in production, for sale on premises,
awaiting shipment, or otherwise in conjunction with commercial or industrial use, shall be conducted so as to ensure
public safety, health, and welfare and to minimize detrimental visual impact upon neighboring property and public
rights-of-way.
(2) Every reasonable effort shall be made by persons operating a commercial or industrial business to store vehicles,
equipment, materials and products within an enclosed building, except:
(a) Where such enclosed storage is not practical or desirable for reasons related to health, fire or safety
requirements;
(b) Where outside storage of merchandise, manufactured products, or raw materials is normal and standard
practice, such as in the sale of automotive equipment, farm machinery, lumber, gardening materials, nursery
stock, manufactured homes, and similar products, or on the site of construction projects; or
(c) When materials or products are temporarily stored outside incidental to shipping, delivery, loading or
unloading thereof.
(3) Materials and products may be stored outside subject to the provisions of these performance standards and
applicable development standards, but shall comply with the landscaping and screening requirements of JCC
18.30.130, as applicable. [Ord. 8-06 § 1]
18.20.290 Recreational developments.
Recreational developments are campgrounds, parks, playing fields, and facilities for indoor and outdoor sports and
recreational facilities, and similar developments, including small-scale recreational tourist uses (JCC 18.20.350).
(1) All Recreational Developments. The following standards apply to all recreational developments:
(a) Recreational areas shall be located so as to protect adjacent properties from adverse impacts. Where the
proposed recreational use can reasonably be expected to have adverse impacts on adjacent properties, and
where existing ground cover, such as trees or shrubs, will not provide an adequate buffer between the
recreational area and adjoining properties, screening or fencing will be required.
(b) Parks and campgrounds in which individual lots or spaces are to be sold in fee simple are prohibited.
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(c) Parking areas associated with recreational areas shall be located inland away from the water and beaches
and shall be designed to control surface runoff and prevent the pollution of nearby water bodies. Safe access
from parking areas to recreation areas shall be provided by means of walkways or other suitable facilities.
(d) Playing fields must meet the following standards:
(i) Any lighting must be of direct cutoff design and not extend beyond the property boundaries.
(ii) Any trash or garbage receptacles must be screened from view from surrounding properties.
(iii) Any restroom facilities must be screened from view from surrounding properties and the entrance
must be fully visible from the public areas.
(e) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke,
odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property.
(2) Commercial Recreational Development. Recreational uses which are also commercial enterprises are subject to
the site standards for commercial uses, JCC 18.20.140, in addition to the regulations in subsection (1) of this section.
[Ord. 8-06 § 11
18.20.295 Recreational marijuana/cannabis.
(1) General Provisions. In addition to all other applicable development standards of this chapter and other applicable
regulations within Jefferson County Code, the standards set forth below shall apply to all recreational marijuana
activities in the unincorporated areas of Jefferson County. In the event of conflicts, the more restrictive measure
shall apply. In addition to these provisions, recreational marijuana activities shall comply with all applicable
provisions of state law (Chapter 314-55 WAC), including the rules governing recreational marijuana as promulgated
by the Washington State Liquor Control Board and other agencies with jurisdiction.
(2) Definitions. For purposes of this chapter, the following definitions shall apply. Where these definitions conflict
with RCW 69.50.101, as now or hereafter amended, those in state law shall govern.
(a) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds
or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
(b) "Marijuana processor" means a person licensed by the State Liquor Control Board to process marijuana into
useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused
products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to
marijuana retailers. Marijuana processing for the purpose of this section may or may not include drying,
trimming and bagging of a recreational marijuana product.
(c) "Marijuana producer" means a person licensed by the State Liquor Control Board to produce and sell
marijuana at wholesale to marijuana processors and other marijuana producers. Marijuana producing for the
purpose of this section shall include drying, trimming and bagging of a recreational marijuana product when
done in conjunction with producing.
(d) "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended
for human use. The term "marijuana -infused products" does not include useable marijuana.
(e) "Marijuana retailer" means a person licensed by the State Liquor Control Board to sell useable marijuana
and marijuana -infused products in a retail outlet.
(f) "Plant canopy" means the square footage dedicated to live plant production, such as maintaining mother
plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not
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include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office
space, etc.
(3) Use Zones. Three categories of recreational marijuana activities are recognized by rules of the state of
Washington as follows: "production," "processing" and "retailing"; and each category of such use shall be allowed
in the following comprehensive plan zones and as further shown in JCC 18.15.040, Table 3-1, and JCC 18.18.040,
Table 3A-1:
(a) Production. Allowed as a yes use in agricultural zoning district, rural industrial and urban industrial zoning
districts. Allowed as a conditional discretionary (C(d)) use in rural residential zoning districts and forest
resource zoning districts. Prohibited in rural commercial, urban commercial, urban public, urban residential,
county waste management essential public facility (CWMEPF) and mineral resource lands (MRL), parks,
preserves and recreation (PPR) and Port Ludlow master plan resort zoning districts.
(b) Processing. Allowed as yes use in rural industrial and urban industrial zoning districts. Allowed as a
conditional discretionary (C(d)) use on agricultural resource lands. Allowed as conditional discretionary (C(d))
with a cottage industry permit in forest resource lands and rural residential zoning districts. Prohibited in rural
commercial zoning districts, urban commercial, urban public, urban residential, county waste management
essential public facility (CWMEPF) and mineral resource lands (MRL), parks, preserves and recreation (PPR)
and Port Ludlow master plan resort zoning districts.
(c) Retailing. Allowed as a yes use in neighborhood/visitor (NC), general crossroads (GC), rural village center
(RVC), urban commercial (UC) and urban industrial (ULI) zoning districts. Allowed as a conditional
discretionary (C(d)) use on agricultural resource lands. Allowed as conditional discretionary (C(d)) with a
cottage industry permit in forest resource and rural residential zoning districts. Prohibited in convenience
crossroads (CC), visitor -oriented commercial (VOC), urban public, urban residential, county waste
management essential public facility (CWMEPF) and mineral resource lands (MRL), parks, preserves and
recreation (PPR) and Port Ludlow master plan resort zoning districts.
(4) The following standards shall apply for all recreational marijuana activities:
(a) Producing in the forest resource lands and rural residential zones is allowed as a conditional discretionary
(C(d)) use subject to the recreational marijuana standards and structure size limitation:
(i) Permanent and temporary growing structures on rural residential lands RR 1:5, RR 1:10 and RR 1:20
and forest resource lands shall meet the following standards in addition to all other applicable sections of
the Jefferson County Code.
(A) Rural Residential 1:5 — Temporary or Permanent Growing Structure Size. The allowed structure
size is a total combination of square footage of gross floor area for all growing structures.
(I) Five percent of gross parcel size in square feet, up to a maximum 10,890 square feet gross
floor area.
(B) Rural Residential 1:10 and 1:20 and forest resource lands CF -80, RF -40, IF — Temporary or
Permanent Growing Structure Size. The allowed structure size is a total combination of square footage
of gross floor area for all growing structures.
(I) Five percent of gross parcel size in square feet, up to a maximum of 21,780 square feet gross
floor area.
(b) Producing in agricultural zoning district is allowed as a "yes use" without size limitations but shall be
subject to the standards in JCC 18.20.030, agricultural performance standards, and this subsection (4),
recreational marijuana performance standards.
(c) Processing in the forest and rural residential zoning districts is allowed subject to a conditional discretionary
(C(d)) use permit per JCC 18.20.170, cottage industry standards, and as consistent with this section,
recreational marijuana. In addition to the maximum structure size of 5,000 square feet for a processing structure
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authorized as a cottage industry per JCC 18.20.170(4)(o) for cottage industry, an additional growing
structure(s) such as greenhouses may be allowed up to the size limits per parcel size and structure size for
producing only per subsection (4)(a)(i) of this section.
(d) Processing and retail in the agricultural zoning district is allowed as conditional discretionary (C(d)) and
shall be subject to the standards in JCC 18.20.030(3), agricultural performance standards, and this section,
recreational marijuana performance standards.
(e) No recreational marijuana operation may be permitted as a home business. All recreational marijuana
activities are subject to the applicable requirements of Chapters 18.20 and 18.30 JCC.
(f) Outdoor Producing. All outdoor producing activities in rural residential and forest zones shall have an
unlimited outdoor canopy without size limitations. All outdoor producing activities for a cottage industry shall
have an unlimited outdoor canopy without size limitations.
(g) Landscape Screening. All recreational marijuana activities shall have Type "A" landscape screening from
adjacent parcels, per JCC 18.30.130, development standards.
(h) Setbacks. All recreational marijuana structures and activities in agriculture, commercial forest, rural forest,
rural commercial or rural residential zone that abut residential zoned land shall be a minimum 25 feet setback
from all property lines including front road setbacks. Setback requirements for other zone combinations are as
stated in JCC 18.30.050, development standards, Table 6-1, Density, Dimension and Open Space Standards. In
the event of conflict, the more restrictive measures shall apply.
(i) Cameras. Any security cameras proposed for a recreational marijuana facility shall be positioned so as to not
intrude on the privacy of adjacent parcels.
0) Any fence eight feet or taller shall be located a minimum 25 feet from all parcel property lines.
(k) Recreational marijuana activities and facilities shall comply with all applicable standards of JCC Title 18
including but not limited to development standards in Chapter 18.30 JCC, performance and use -specific
standards in Chapter 18.20 JCC including JCC 18.20.010, General provisions, JCC 18.20.020, Accessory uses
and structures, JCC 18.20.030, Agricultural activities and accessory uses, JCC 18.20.140, Commercial uses —
Standards for site development, JCC 18.20.170, Cottage industry, and JCC 18.20.220, Industrial uses —
Standards for site development.
(1) All recreational marijuana licensees shall provide to the department of community development and
environmental health a copy of all operations plans as submitted to the Washington State Liquor Control Board,
including details of any chemicals, processes, extraction methods, waste handling procedures and safety
measures planned for their operations. [Ord. 4-15 § 5 (Att. D)]
18.20.300 Recycling collection facilities and recycling centers.
(1) Recycling Collection Facilities. Recycling collection facilities provide a neighborhood drop-off point for
temporary storage of recyclables but without processing thereof. The following standards apply to all recycling
collection facilities:
(a) Weather protection of recyclable items shall be ensured by using weatherproof containers or by providing a
roof over the storage area, where necessary to avoid adverse impacts;
(b) Only recyclable materials shall be collected and stored at such collection points. Except for initial sorting
and bundling, all other processing of such materials shall be conducted off-site; and
(c) All deposited material shall be contained wholly within the recycling box or facility. No litter shall be
allowed to accumulate outside the recycling box or facility. The recycling box or facility shall be kept clean and
free of odors or pests.
(2) Recycling Centers. An area, with or without buildings, upon which used materials and recyclables are separated
and processed for shipment. The following standards apply to all recycling centers:
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(a) Processing operations shall be conducted within a building;
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(b) The operation shall be effectively screened from view from neighboring properties and rights-of-way;
(c) The operation shall meet all federal, state and local requirements for noise and air quality control; and
(d) The operation shall obtain, comply with and maintain a solid waste handling permit from the Jefferson
County department of health. [Ord. 8-06 § I]
18.20.310 Residential care facilities and nursing homes.
(1) The following apply to all residential care facilities:
(a) Residential care facilities housing five or fewer residents, other than staff, are permitted outright in all
residential districts. Residential care facilities housing more than five residents in rural residential districts are
conditional uses subject to the applicable requirements of this code.
(b) Conditional use approval is contingent upon containing and maintaining state licensing for operation of the
facility. Conditional use approval terminates when the state license is no longer in effect. Furthermore, any
increase in the number or change in the class of residents authorized by the state license terminates approval
unless a new conditional use authorization is obtained for the new class or number of residents.
(c) In rural residential districts, the maximum number of residents permitted in a facility is 20, exclusive of
staff.
(d) In rural residential districts, the minimum lot size shall be five acres.
(e) Minimum Off -Street Parking. One space shall be required for each vehicle permanently located at the
facility or operated on a daily basis in connection with the facility and one for each employee. All parking
spaces shall meet the standards of Chapter 18.30 JCC.
(2) The following standards apply to all nursing/convalescent homes and assisted living facilities for the elderly:
(a) The provider shall demonstrate compliance with state licensing requirements.
(b) The maximum number of residents permitted in such a facility in a rural residential district shall be 20,
exclusive of staff. Within the rural village center, neighborhood visitor crossroad, and general crossroad
commercial designations, where such facilities are allowed, the maximum number of residents allowed shall be
40, exclusive of staff. [Ord. 8-06 § 1]
18.20.320 (Mini) storage facilities.
The following standards apply to all residential (mini) storage facilities:
(1) The site shall be contiguous to a designated arterial or collector road, although access may or may not be directly
onto such arterial or collector, as determined through the review process;
(2) All street frontages, other property lines and outdoor storage areas shall be landscaped or screened in accordance
with JCC 18.30.130 for such uses in rural districts, and in accordance with the provisions of Chapter 18.18 JCC
(Irondale and Port Hadlock UGA Implementing Regulations) in urban districts, except as otherwise provided for in
this chapter;
(3) All access, travel surface, loading areas, and building aprons shall be constructed of an all weather surface;
(4) Signing shall be limited to on -premises signage and shall meet the standards of JCC 18.30.150;
(5) Exterior lighting shall meet the standards of JCC 18.30.140;
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(6) The approving authority may require exterior modifications of structures, including use of architectural features
or details, materials for siding and roofing, reduction of building mass and number of units when necessary to assure
compatibility with adjoining residential districts; and
(7) Use of the facility shall be limited to the storage of excess personal property. No commercial business or other
similar activities shall be conducted on the premises. [Ord. 8-06 § 1]
18.20.330 Seasonal roadside stands.
The following standards apply to all seasonal roadside stands which are not located on designated agricultural lands:
(1) The stand shall be not more than 1,000 square feet in size;
(2) Sales are limited to agricultural, aquacultural, and silvicultural related products;
(3) Off-street parking shall be required, and shall have a sufficient area to allow automobiles to park safely off the
road right-of-way and to re-enter the traffic in a forward direction. All parking spaces shall meet the standards of
Chapter 18.30 JCC;
(4) Roadside stands shall be limited to one per legal lot of record;
(5) Roadside stands shall be limited to a maximum of six months' site occupation and operation per legal lot of
record in any given year;
(6) Roadside stands shall require a temporary outdoor use permit (Type I) subject to the requirements of JCC
18.20.380(4);
(7) Retail sales on designated agricultural lands is subject to the provisions of JCC 18.20.030, agricultural activities
and accessory uses. [Ord. 8-06 § I]
18.20.340 Sewage sludge and septage.
(1) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage system
plant, and development of storage or treatment facilities, are industrial uses for the purposes of this code and are
subject to the site standards for industrial uses in this chapter and to approval by the county health department.
(2) The application of sewage sludge and septage to land for disposal or for fertilization is subject to approval by the
Jefferson County board of health, or its designee, and state approval requirements. [Ord. 8-06 § 1]
18.20.345 Sexually oriented businesses.*
(1) Sexually oriented businesses (SOB) shall be located at least 1,000 feet from any sensitive site (see JCC
18.10.190 for definitions).
(2) SOBS with live performances must be located 1,000 feet from the property line of:
(a) Any business selling alcoholic drinks.
(b) Any other SOB.
(3) Shall meet standards under JCC 18.20.140, Commercial uses — Standards for site development. [Ord. 3-12 § 1
(Exh. H)]
*See also Chapter 5.10 JCC.
18.20.350 Small-scale recreation and tourist uses.
(1) Small -Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a rural location and
setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the county's
abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner
consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses may be
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conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale
recreation and tourist (SRT) overlay districts under JCC 18.15.572 and JCC 18.15.470. Agritourism on designated
agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The following list of uses
is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or
tourist uses:
(a) Aerial recreational activities such as balloon rides, glider and parachute events;
(b) Animal preserves and game farms;
(c) Equestrian centers, on parcels 10 acres or larger in size;
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
(g) Miniature golf, not to exceed a gross use area of one acre;
(h) Model hobby parks and sites on parcels 10 acres or larger in size;
(i) Outdoor recreational equipment rental and/or guide services;
0) Outdoor shooting and archery ranges;
(k) Private hunting or fishing camps;
(1) Public display gardens;
(m) Recreational off-road vehicle (ORV) and all terrain vehicle (ATV) parks and recreational areas on parcels
20 acres or larger in size;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size;
(o) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres
in size;
(p) Rural restaurants, only when associated with a primary recreational or tourist use; and
(q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size.
(2) Unnamed Small -Scale Recreation or Tourist Uses. Other uses not specifically named above may be classified as
small-scale recreational and tourist uses by the administrator, subject to the provisions of this section, upon
documentation by the applicant that the proposed use is dependent upon a particular rural location or setting and is
consistent with the intent and application of RCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan.
(3) A small-scale recreation or tourist use shall meet the requirements of this code (except as provided for in SRT
overlay districts per JCC 18.15.572 and JCC 18.15.470), including the provisions of JCC 18.20.290, Recreational
developments, JCC 18.20.140, Commercial uses — Standards for site development, and the following standards:
(a) Small-scale recreation or tourist uses may include limited and commensurately scaled commercial facilities
intended to serve those small-scale recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store,
or associated retail sales and services); provided, that the applicant can demonstrate the following to the
satisfaction of the approving authority that:
(i) The principal demand for the commercial facilities is derived from the principal recreational or tourist
use and not the existing and projected rural population;
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(ii) The associated commercial activities shall be clearly accessory to and dependent upon the primary
recreational or tourist uses;
(iii) The associated commercial activities, in addition to the principal recreational or tourist use, will not
have a measurable detrimental traffic, noise, visual or public safety impact on adjacent properties;
(iv) The use and associated structure is clearly appropriate and compatible in scale, size, design and
function with surrounding uses and environment;
(v) The use will not constitute new urban development in a rural area;
(vi) The public facilities and services provided are limited to those necessary to serve the associated
commercial activities and the principal small-scale recreational or tourist use in a manner that does not
permit low-density sprawl; and
(vii) All other applicable requirements and standards in this UDC are met.
(b) Unless a larger parcel size is specified, minimum lot size shall be five acres, except that no minimum lot
size is required for parcels that include a historic site, structure or landmark.
(c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the exception
of rural restaurants.
(d) Only those buildings or areas specifically approved by the county may be used in the conduct of the
business.
(e) Parking shall be contained on-site and provided in conformance with this code, including JCC 18.30. 100
and 18.30.130.
(f) All activities shall, at a minimum, be screened from the view of adjacent residential uses subject to the
landscaping and screening requirements of JCC 18.30.130 and set back a sufficient distance from all rear and
side property lines to protect the character of adjacent and surrounding properties and uses. The approving
authority may authorize variations to the setbacks established in Table 6-1 in JCC 18.30.050 in order to ensure
that any small-scale recreation or tourist use or structure, when proposed in or adjacent to a rural residential
(RR) district, shall be compatible with and not disruptive to the character of existing and anticipated future uses
in the district.
(g) All small-scale recreation or tourist uses shall utilize local access or minor collector roads for primary
access whenever practicable. Access off of state routes, arterials, or major collector roads may be allowed if
access improvements or a traffic analysis assures mobility is not degraded.
(h) Structures shall comply with the landscape, lighting, site coverage, and design standards set forth in Chapter
18.30 JCC.
(i) Any small-scale recreational or tourist use development allowed under this section that proposes to include
permanent occupancy on-site residential development may only be permitted subject to:
(i) The underlying rural residential density;
(ii) A master planned resort (MPR) district designation subject to a legislative action to amend the
Comprehensive Plan; or
(iii) That necessary for on-site management (e.g., a caretaker's residence).
0) For any small-scale recreation or tourist use, the county shall impose such reasonable conditions (e.g.,
location and size restrictions, design standards, landscape buffers, setbacks, etc.) as are found necessary by the
approving authority to ensure that the activity or use, due to proximity, location or intensity:
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(i) Is compatible with the rural character of adjacent lands and shorelines, including forestry, agriculture,
and mineral lands of long-term commercial significance;
(ii) Does not disrupt the character of any surrounding permitted uses;
(iii) Is adequately served by public facilities and services (including roadway level of service and
minimum fire flow requirements) without the need to extend those services in a manner that promotes low
density sprawl;
(iv) Adequately protects ' critical areas including surface and groundwater
resources; and
(v) Would not cumulatively, in combination with the effects of existing development (or given the
probable development of subsequent projects with similar effects) in the vicinity (i.e., within one mile) of
the proposed use, create a development pattern that constitutes low density sprawl; require the extension
of public facilities or expansion of public services in a manner that promotes low density sprawl; or be
otherwise incompatible with or injurious to the rural character of the area;
(vi) For designated agricultural lands, converts as little land with prime agricultural soils as practicable
into nonagricultural use.
(k) If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the satisfaction of the
approving authority, the use shall be denied.
(4) Expansion of Existing Small -Scale Recreational and Tourist Facilities.
(a) Where alteration, modification, or expansion of existing small-scale recreation and tourism facilities would
increase the scope, scale or intensity of the use or facilities (e.g., adding meal service or new recreational
facilities, adding new conference or lodging facilities), the proposal shall be subject to a conditional use permit
and must demonstrate that the expansion of the existing use or location is reliant upon a rural location and
setting.
(b) The approving authority may attach reasonable performance standards and/or conditions to ensure that
alteration and expansion of such uses have minimal adverse impacts on surrounding areas and uses, maintains
the rural character of the area; does not constitute low density sprawl, and is in compliance with RCW
36.70A.070(5)(d).
(c) Any alteration, modification or expansion of an existing small-scale recreation or tourist use shall require
site plan approval consistent with the standards and requirements of this code.
(5) Aerial Recreational Activities. Aerial recreational activities may be approved as a small-scale recreation use
provided the following standards are met:
(a) No permanent structures or improvements are required to carry out the activity;
(b) The proposal will comply with all FAA regulations;
(c) For recreational aerial activities on designated agricultural resource land, the proposal will not remove lands
from agricultural production or substantially interfere directly or indirectly with the continued agricultural use
of the parcel; and
(d) Minimum lot size may be increased by the administrator based on the site area required to safely undertake
the activity.
(6) Recreational Vehicle (RV) Park, Travel Trailer Park, or Commercial Campground.
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(a) The use of any parcel for an RV/campground park and any modifications to an existing RV/campground
park shall comply with the following standards and requirements:
(i) The minimum parcel area for an RV/trailer park or commercial campground shall be five acres. The
maximum area of any parcel devoted to the principal RV/travel trailer or commercial campground use
shall not exceed 20 acres;
(ii) The maximum density of any RV/travel trailer or commercial campground approved under this code
shall not exceed 60 spaces;
(iii) No RV shall be located anywhere but in an RV space and only one RV shall be located within any RV
space;
(iv) All RV, travel trailer, recreational park trailer and campground uses in new RV/travel trailer and
commercial campgrounds (approved after the effective date of this UDC) shall be limited to a temporary
occupancy not to exceed nine months;
(v) The minimum width for a parcel containing an RV park shall be 300 feet, except that portions of the
parcel intended only for general vehicular entrances and exits may be as narrow as 50 feet;
(vi) No part of any RV/campground park shall be used for the parking or storage of any heavy equipment;
(vii) No home occupation or business shall be operated from an RV/campground park except for the
resident manager and as allowed in subsection (3)(a) of this section;
(viii) A responsible caretaker, owner, or manager shall be placed in charge of any RV/campground park to
keep all grounds, facilities and equipment in a clean, orderly, and sanitary condition, and shall be
answerable to the owner for any violation of the provisions of this title or any other ordinance;
(ix) An on-site caretaker or manager's residence is allowed; and
(x) Allowable accessory uses and improvements may include facilities for:
(A) Picnicking;
(B) Boating;
(C) Fishing;
(D) Swimming;
(E) Outdoor games;
(F) Miniature golf courses;
(G) Mechanical amusements; and
(H) Other sports and activities.
(b) Layout and Design Specifications. The following layout and design specifications shall apply to any
RV/campground park:
(i) A buffer area shall be provided immediately within all boundaries. The required buffer area shall be a
minimum of 100 feet in depth within all common property boundaries or public streets. Variable width
buffers may be considered based upon topography and design considerations;
(ii) No RV or camp site may be located within a buffer area;
(iii) No building or structure may be erected or placed within a buffer area, except a sign or fence;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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(iv) No refuse disposal area shall be located within a buffer area;
(v) No plant materials may be deposited or removed within a buffer area except as a part of a recognized
landscaping scheme or except for emergency access;
(vi) Only roads which cross the buffer, are as close to right angles as practicable, and connect directly with
the road system contained within the remainder of the park shall be permitted within a buffer area; no road
shall traverse the buffer area and give direct access from any public road to any RV space or camp site;
(vii) The road system shall comply with the standards and specifications for roads pursuant to Chapter
18.30 JCC;
(viii) Adequate off-street parking spaces shall be provided;
(ix) Each RV space shall have sufficient unobstructed access to, or frontage on, an RV park road, so as to
permit the movement of RVs;
(x) No structural addition to any RV shall be permitted;
(xi) All refuse containers shall have an animal -proof lid and shall be maintained in a clean and sanitary
condition. Garbage and refuse shall be disposed of in such a manner to control flies, rodents and odors;
(xii) All utilities, including electrical power and telephone lines, shall be installed underground;
(xiii) All roads, walkways, grouped -bay parking and service areas shall be provided with lighting adequate
to ensure the safety of vehicular and pedestrian traffic;
(xiv) Central comfort stations and similar central facilities may be permitted;
(xv) Adequately sized wastewater disposal facilities shall be required and must be approved by the
Jefferson County environmental health department.
(7) Equestrian Center. Uncovered and covered facilities for commercial boarding, training, teaching, breeding and
rental of horses including facilities for shows and competitive events, and riding trails. This does not include stables
used solely for breeding or boarding of horses. An equestrian center may be permitted when the following standards
are met:
(a) All setbacks to the stable structure (does not include facilities for riding, training or exercising horses, such
as a riding arena) shall be at least 50 feet from any property line and 100 feet from any existing residence,
except the owner's or caretaker's dwelling(s);
(b) Facilities for riding, training or exercising horses shall be at least 25 feet from any property line and at least
100 feet from any existing residence except the owner's or caretaker's dwelling(s);
(c) Riding trails are not considered riding, training or exercising facilities and are not subject to this standard;
(d) The administrator may authorize a reduced setback for equestrian facilities; provided, that the county may
impose conditions of approval to mitigate any adverse impacts which may result from granting the reduced
setback;
(e) An animal waste management plan shall accompany the application. The plan shall be prepared in
consultation with the Natural Resource Conservation Service (NRCS), local conservation district, or similar
agency;
(f) Adequate parking, traffic management, and dust management shall be provided for horse shows with stables
with more than 20 stalls;
(g) Public address systems using loud speakers shall only be used between 10:00 a.m. and 8:00 p.m.;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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Page 47/53
(h) A tack shop may be provided when it is only for the use of owners of horses boarded at the stable or event
participants;
(i) An on-site caretaker or manager's residence is allowed; and
0) A parcel size of not less than 10 acres shall be required.
(8) Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the following standards:
(a) They shall be located, designed, constructed and operated to prevent the likelihood of discharge of
ammunition beyond the boundaries of the parcel where they occur;
(b) The National Rifle Association's Range Manual shall be consulted and used in the development and
operation of ranges; Articles 1, 2, and 3 of the safety recommendations for outdoor shooting ranges shall be
used as minimum guidelines in the design and construction of shooting ranges;
(c) Warning and trespass signs advising of the range operation shall be placed on the perimeter of the property
at intervals no greater than 50 feet;
(d) The shooting areas shall be surrounded by an eight -foot -high noise barrier in the form of an earth berm or
wall, or be located in a minimal eight -foot deep depression;
(e) The minimum lot size for an outdoor rifle, trap, skeet or pistol range used by an organization shall be 10
acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres;
(f) No structure or shooting areas associated with a shooting range shall be located closer than 100 feet to any
lot line;
(g) A minimum location of 500 feet is required from any occupied dwelling other than the dwelling of the
owner;
(h) All shooting areas must be completely fenced; and
(i) In the consideration of an application for permit, the approval authority shall take into account both safety
and noise factors, and may prescribe additional conditions with respect thereto.
(9) Rural Recreational Lodging or Cabins for Overnight Rental and Recreational Cultural or Religious Conference
Center/Retreat Facilities. Rural recreational lodging or cabins for overnight rental and conference retreat facilities
are subject to the following standards:
(a) Minimum parcel size is 10 acres;
(b) Fifteen built cabins or bedrooms for overnight lodging comprising up to 6,000 square feet of gross floor
area are allowed for every 10 acres of parcel size, up to 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;
(c) Lodging operators may not allow any person to occupy overnight lodging on the premises for more than
three months in any year;
(d) New residential development shall not be permitted. New residential development includes the subdivision
or sale of land for year-round or second -home residential housing that is owner -occupied or rented;
(e) An on-site caretaker or manager's residence is allowed;
(f) A conditional use permit subject to a Type III approval process, which includes a public hearing, shall be
required.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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Page 48/53
(10) Rural Restaurants. Rural restaurants may be allowed as small-scale recreational and tourist uses, subject to the
following standards:
(a) Only when associated with and subordinate to a primary recreational or tourist use;
(b) Indoor dining facilities shall not exceed a total of 50 seats, including outdoor seating, unless it can be
demonstrated that a larger capacity facility is needed to serve the demand generated by the primary recreational
or tourist use;
(c) The structure shall constitute no greater than 5,000 square feet of gross floor area;
(d) Drive-through food service is prohibited. This does not include espresso stands. [Ord. 13-12 § 1; Ord. 8-06
§11
18.20.360 Solid waste handling and disposal facilities.
(1) Solid waste handling and disposal facilities include:
(a) Sanitary landfills;
(b) Transfer stations; and
(c) Construction, demolition and land -clearing (CDL) facilities.
(2) Solid waste handling and disposal facilities may be allowed subject to the following conditions in those districts
specified in Table 3-1 in JCC 18.15.040 and as specified in JCC 18.15.110:
(a) Obtaining a special use permit pursuant to the requirements of JCC 18.15.110;
(b) Obtaining, complying with, and maintaining a solid waste handling permit from the Jefferson County health
department and appropriate state agencies;
(c) Obtaining an access permit from the county engineer;
(d) The operation shall be effectively screened from view from neighboring properties and rights-of-way; and
(e) The operation shall meet all federal, state and local requirements for noise and air quality control. [Ord. 8-
06 § 11
18.20.370 Tank farm facilities (bulk plant or terminal).
The following standards apply to all tank farm facilities:
(1) Water supplies and sewage disposal facilities adequate to serve the proposed use shall be provided. Occupancy
shall not be permitted before water supplies and sewage disposal facilities are approved and installed.
(2) All tank farm facilities must meet the site standards for industrial uses (JCC 18.20.220).
(3) Visual screening (JCC 18.30.130) shall be provided.
(4) All tank farm facilities must comply with applicable state and federal standards. [Ord. 8-06 § 1]
18.20.380 Temporary outdoor uses.
(1) The following temporary outdoor uses, unless otherwise regulated by the provisions of Chapter 8.20 JCC,
Assemblies, are permitted as a matter of right and are exempt from an approval process; provided, that the
requirements below are met:
(a) Garage or yard sales conducted on the premises of a residential dwelling;
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
(b) Rummage sales, outdoor sales, and other fund-raising activities sponsored by schools, places of worship, or
other nonprofit organizations. Such uses shall not occur on a site for more than 30 days in any one calendar
year;
(c) Outdoor arts and crafts shows and exhibits on public park and/or school property;
(d) Neighborhood association meetings or picnics on property owned by the association or its members;
(e) One sales office for the purpose of selling lots or homes within a subdivision constructed on the site of a
subdivision prior to final plat approval and may operate until all of the lots have been developed and sold;
(f) Properties rented or used for personal social events, such as wedding receptions, private parties, or similar
activities, not more than four times during any one calendar year;
(g) Estate sales held on the property of the deceased;
(h) Christmas tree sales limited to no more than 30 days of site occupation and operation in only a one-year
period. Merchandise displays may only occupy parking stalls which are in excess of parking requirements;
(i) Running, walking and biking events associated with charitable or community events;
0) Hay rides, corn mazes, square dances, pony rides, and harvest social gatherings; and
(k) Similar uses as determined by the administrator.
(2) The following temporary outdoor uses, unless otherwise regulated by the provisions of Chapter 8.20 JCC,
Assemblies, are allowed subject to a Type I approval process for a temporary outdoor use permit:
(a) Outdoor art craft shows and exhibits not exceeding three days and not located on public park and/or school
property;
(b) Circuses, carnivals and similar transient amusement enterprises, limited to not more than 30 days of site
occupation and operation in any one calendar year;
(c) Rummage and other outdoor sales sponsored by schools, places of worship or other nonprofit organizations
occurring more than 30 days in any one calendar year;
(d) Charitable or community events, not exceeding seven days in duration and not more than four times in any
one calendar year;
(e) Overflow off-site parking, not exceeding seven days in duration and not more than four times in any one
calendar year;
(f) Auctions, not exceeding three days and not located on public park and/or school property;
(g) Temporary asphalt or concrete batch plants for public road construction or repaving; provided, that all
equipment, including the plant shall be removed within 30 days of project completion and the site shall be
restored to its original condition;
(h) Temporary food and beverage stands may be permitted for a period of six months and may be extended for
an additional six months. Once an extension has been granted the site may not be used for a temporary food and
beverage stand for two years after the expiration of the permit extension; and
(i) Similar uses as determined by the administrator.
(3) The following temporary outdoor uses, unless otherwise regulated by the provisions of Chapter 8.20 JCC,
Assemblies, are allowed, subject to an administrative (Type II) conditional use (C(a)) permit:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
Page 50/53
(a) Outdoor art craft shows and exhibits exceeding three days and not located on public park and/or school
property;
(b) Circuses, carnivals and similar transient amusement enterprises more than 30 days of site occupation and
operation in any one calendar year;
(c) Charitable or community events exceeding seven days in duration or more than four times per year for any
single property;
(d) Properties rented or used for personal social events, such as wedding receptions, private parties, or similar
activities, more than four times during any one calendar year;
(e) Overflow off-site parking exceeding seven days in duration or more than four times in any one calendar
year;
(f) Auctions exceeding three days or more or held more than four times in any one calendar year on the site of
any legally established nonresidential use;
(g) Similar uses as determined by the administrator.
(4) Temporary outdoor uses are subject to the following regulations:
(a) No temporary outdoor uses shall be permitted on public rights-of-way, unless a right-of-way obstruction
permit is authorized by the county engineer;
(b) Approval of temporary outdoor uses is subject to written permission of the property owner on which the use
is to be located;
(c) The county may apply additional conditions to any permit for a temporary outdoor use in order to:
(i) Ensure compliance with the intent of this code;
(ii) Ensure that such outdoor use is not detrimental to neighboring properties and the community as a
whole;
(iii) Ensure compliance with the International Building Code;
(iv) Within three days after termination of any temporary outdoor use permit, such use shall be abated and
all structures, signs and evidence of such use removed. The administrator may require a cash bond be
posted by the applicant upon application to defray the cost of cleanup and repair of the property should the
applicant fail to do so; and
(v) Temporary outdoor use permits not exercised within 180 days of issuance shall be null and void.
(5) In addition to any other remedy provided by this chapter, at any time when such temporary outdoor use is
operated in violation of required conditions of this section, or otherwise found to constitute a nuisance, the county
may revoke the temporary outdoor use permit. The permittee shall be given notice of and an opportunity to contest
the revocation prior to a final determination. If, in the opinion of the administrator, the violation poses a life, health,
or safety threat, the use permit may be revoked immediately, and the permittee shall be given the opportunity to
request consideration and/or appeal.
(6) Where any provision of this section on temporary outdoor uses is in conflict with Chapter 8.20 JCC, Assemblies,
the provisions of Chapter 8.20 JCC shall control. [Ord. 8-06 § 1]
18.20.390 Temporary festivals.
(1) Temporary Festival. A temporary festival is generally defined as any musical, cultural, or social event conducted
in an indoor or outdoor site or facility that is of a duration of more than one month out of any 12 -month period, and
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
attracts 250 or more people in any one day. For the purposes of this section, each week during which the temporary
festival operates for two or more days shall be considered a full week.
(2) The temporary festivals are allowed, subject to a conditional use permit, unless otherwise regulated by the
requirements and provisions of Chapter 8.20 JCC, Assemblies.
(3) Temporary festivals are subject to the following regulations:
(a) Those regulations specified above for temporary outdoor events;
(b) Operators of temporary festivals shall submit a part of the application for conditional use permit written
plans of operation describing those means and methods to be employed to minimize impacts to neighboring
parcels resulting from the temporary festival, including traffic, litter, trespass, vandalism, property damage, and
sanitation;
(c) The provisions of Chapter 8.20 JCC, Assemblies, where applicable.
(4) Violations. In addition to any other remedy provided by this chapter, at any time when such temporary festival is
operated in violation of required conditions of this section or a conditional use permit, or otherwise found to
constitute a nuisance, the county may revoke the conditional use permit. The permittee shall be given notice of and
an opportunity to contest the revocation prior to a final determination. If, in the opinion of the administrator, the
violation poses a life, health or safety threat, the use permit may be revoked immediately, and the permittee shall be
given the opportunity to request consideration and/or appeal.
(5) Where any provision of this section on temporary festivals, is in conflict with Chapter 8.20 JCC, Assemblies, the
provisions of Chapter 8.20 JCC shall control. [Ord. 8-06 § 11
18.20.400 Utility developments, minor.
(1) Minor Utility Development. Minor utility developments include utility developments designed to serve a small
local community, are not manned and would be considered normal utility services for the area, including but not
limited to:
(a) Electrical generating facilities less than 10 megawatts in output;
(b) Electrical distribution and transmission lines less than 115 kilovolts;
(c) Electrical substations;
(d) Water and sewer pipelines;
(e) Pipelines for petroleum or petroleum products with an inside diameter less than six inches or less than five
miles in length;
(f) Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter less than 12
inches or less than five miles in length.
(2) The following standards apply to all minor utility developments:
(a) Utility developments shall comply with the goals and policies of the Comprehensive Plan and the
requirements of the Shoreline Master Program;
(b) New utility distribution lines shall be placed underground wherever reasonable and practical.
Undergrounding of existing lines in the course of routine maintenance and replacement is encouraged where
practicable, particularly where such undergrounding would enhance recognized scenic and open space areas
and resources;
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
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(c) Environmental impacts resulting from installation or maintenance of utilities and utility facilities shall be
avoided or minimized. Where no feasible alternative to the impact exists, and mitigation is not feasible,
appropriate compensating measures should be developed;
(d) Utilities and transportation facilities shall be installed in the same rights-of-way when the effect will be to
reduce the adverse impacts on the physical environment;
(e) Extension of community sewerage lines outside of existing areas shall be allowed only if:
(i) The extension is demonstrated to be necessary to remedy existing or potential groundwater
contamination problems or to correct existing or impending health hazards, as determined by the county
health official; or
(ii) The extension is to provide sewage collection and treatment service to a public elementary or
secondary school;
(f) Routine maintenance and replacement of wired utility transmission and distribution lines and poles within
existing rights-of-way, where ritical areas are not present and where exempt from
SEPA and Shoreline Master Program review, are authorized without further permit application and
development approval; provided, that such construction and activities shall comply with applicable
performance and development standards of this code; and
(g) It shall be the affirmative duty of the applicant who proposes a minor utility development to determine if
any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own
expense. (Ord. 8-06 § 11
18.20.410 Utility developments, major.
(1) Major Utility Developments. Major utility developments include utility development designed to serve a broader
community or regional area, or are manned, including but not limited to:
(a) Electrical generating facilities greater than 10 megawatts in output;
(b) Electrical transmission lines exceeding 115 kilovolts;
(c) Pipelines for petroleum or petroleum products with an inside diameter of six inches or greater and
exceeding five miles in length;
(d) Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter of 12 inches or
greater and exceeding five miles in length;
(e) Other similar utility or energy facilities not meeting the definition of a minor utility development.
(2) The following standards apply to all major utility developments:
(a) The need for the particular location proposed shall be demonstrated by the applicant to the satisfaction of
the approval authority, including a full accounting of alternative locations and sites;
(b) The physical and economic impacts of such facilities shall be evaluated, and measures to mitigate these
impacts provided;
(c) Development shall comply with the requirements of JCC 18.20.220, Industrial uses — Standards for site
development; and
(d) It shall be the affirmative duty of the applicant who proposes a major utility development to determine if
any state or federal permits or licenses are necessary and then to obtain those permits or licenses at their own
expense. [Ord. 8-06 § 11
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.20 PERFORMANCE AND USE -SPECIFIC
STANDARDS
18.20.420 Veterinary clinics or hospitals.
Veterinary clinics or hospitals are subject to the following standards:
(1) ,
apply at all times;
(-2-13oarding and grooming of animals, other than that incidental to medical and surgical care, shall be allowed
subject to meeting the provisions for commercial animal kennels, catteries and shelters in JCC 18.20.060; and
4 - Development shall comply with the requirements of JCC 18.20.220, Industrial uses — Standards for site
development; including requirements for off-street parking, visual screening, and landscaping. [Ord. 8-06 § 1]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Chapter 18.30
DEVELOPMENTSTANDARDS
Sections:
18.30.010 General provisions.
18.30.020 General development standards.
18.30.030 Water supplies.
18.30.040 Sewage disposal.
18.30.050 Density, dimension, and open space standards.
18.30.060 Grading and excavation standards.
18.30.070 Stormwater management standards.
18.30.080 Roads.
18.30.090 Pedestrian circulation.
18.30.100 Parking.
18.30.110 Off-street loading space requirements.
18.30.120 Utility service lines and facilities.
18.30.130 Landscaping/screening.
18.30.140 Lighting.
18.30.150 Signs.
18.30.160 Archaeological and historic resources.
18.30.170 Mining, quarrying and asphalt/concrete batch plant best management practices in critical aquifer
recharge areas.
18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas.
18.30.190 Noise.
1,39
18.30.010 General provisions.
(1) Purpose. The purpose of this chapter is to establish provisions to set criteria associated with the development and
redevelopment of land to achieve the goals and policies of the Jefferson County Comprehensive Plan. This chapter
is intended to accomplish the following purposes:
(a) Facilitate the orderly development of properly designed and constructed public and private roadways so as
to provide a safe, durable and efficient integrated roadway system;
(b) Protect public rights-of-way, natural resources, and open space from degradation due to poor development
practices;
(c) Protect the public interest in management of surface water drainage and related functions of drainage basins,
watercourses, and shoreline areas; and
(d) Fulfill the objectives of the comprehensive planning policies of Jefferson County in promoting the health,
safety, and welfare of the public.
(2) Applicability. The development standards of this chapter are designed to effect the goals and policies of the
Comprehensive Plan, and apply to all development and land use activities subject to this code and within all land use
districts except as may be specified below. [Ord. 8-06 § 1 J
18.30.020 General development standards.
The development standards of this chapter shall apply within each land use district and shall be minimum standards
that apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(1) No building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all of the regulations specified in this chapter for the land use district in which it is
located;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
is2'Cro t(`t'MI, 1.
�"�
i' i�2;39
(2) No building or structure shall encroach on any public right-of-way; no building or structure shall encroach on
any private easement or right-of-way unless written permission is obtained from the easement grantee or right-of-
way owner;
(3) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with
any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-
street parking or loading space similarly required for any other building or structure;
(4) Except as may be specifically provided elsewhere in this code, only one dwelling unit and one accessory
dwelling unit per lot is allowed in those districts that permit residential uses; and
(5) All land use activities shall be served by appropriate transportation facilities. Transportation facilities shall be
adequate to meet the level of service standards adopted in the Jefferson County Comprehensive Plan and the
appropriate design standards referenced in JCC 18.30.080(1)(a). If transportation facilities would become
inadequate, the applicant shall be required to provide necessary improvements and/or implement alternative
measures such as transportation demand management (TDM), project phasing, or other measures acceptable to
Jefferson County that will maintain the adopted level of service standards and meet design standards. If
transportation facilities are not adequate, Jefferson County shall not approve the proposed development.
Transportation facilities shall be deemed adequate if necessary improvements are planned and designated funding is
secured in the Jefferson County Six -Year Transportation Improvement Program. [Ord. 4-07 § 2; Ord. 8-06 § 1 ]
18.30.030 Water supplies.
When the development or redevelopment of land requires the availability of a supply of potable water as determined
by the administrator, potable water shall be delivered by a means approved by the Washington Department of Health
and/or Jefferson County ,Public Health.
(1) All development must conform to the requirements of t -he Jefferson County ewPublic Health and
the Jefferson County coordinated water system plan regarding the availability and provision of water.
(2) Water supply facilities shall be adequate to provide potable water from a public or community water supply
source and shall be constructed in conformity to standards of the jurisdictional governmental authority, unless the
Jefferson County Public Health approves the use of individual, on-site water supply wells.
(3) Water sources and facilities adequate for fire protection purposes shall be provided in all developments to the
satisfaction of the Jefferson County fire marshal. Fire flow shall be determined in accordance with the provisions of
JCC Title 15, as amended. [Ord. 8-06 § 1 ]
18.30.040 Sewage disposal.
(1) All development shall be provided with an individual, on-site septic system and drainfield approved by the
Jefferson County health deparimefftPublic Health in compliance with Chapter 8.15 JCC, unless the Jefferson County
health depart nietitPubli c Health determines that public sewer is available which would then require connection to the
approved public sewer.
(2) Design and construction standards for on-site sewage disposal shall conform to the requirements of the Jefferson
County Public Health or the agency having regulatory responsibility for the system. [Ord. 8-06
§ 1]
18.30.050 Density, dimension, and open space standards.
(l) Purpose. This section establishes: (a) density requirements; (b) bulk, area, and dimensional standards; and (c)
specific rules for all uses. These standards and rules are intended to provide flexibility in project design and to
maintain privacy between adjacent uses.
(2) Development Standards. This section and Table 6-1 contain general density, intensity, and dimensional standards
for the various land use districts. Limitations specific to a particular district are also specified.
(3) Measurement Methods. The following methods will be used to determine compliance with this code:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(�IY�7ti�� t'��t r_ 3;39
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(a) The "maximum density" for a parcel is calculated by dividing the parcel area by the total number of
residential dwelling units allowed according to the density designation. Only whole density units may be used.
(b) "Parcel area" or "lot area" is the total horizontal land area contained within the boundaries of a parcel.
(c) If a development proposal depends on two or more lots, parcels or combinations thereof to be considered as
a site for purposes of complying with the provisions of this title or any other provisions of the Jefferson County
Code, the department may require the applicant to record a covenant to the benefit of the county that requires
retention of the lots under common ownership and control for the duration that the use is maintained on the site.
Setbacks from roads shall be measured from the edge of the road right-of-way. Side and rear setbacks are
measured from the edge of the property in the same manner as road setbacks.
O*Lej_"Impervious surface" is measured by calculating the horizontal land area of all surface areas that create a
barrier to or retard the entry of water into the soil in comparison with natural conditions prior to development.
Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. See also JCC
18.30.070 for storm drainage standards.
{e} t�The height of buildings and structures shall be calculated by the vertical distance from grade plane to the
average height of the highest roof surface. Story height is calculated by the vertical distance from the top to top
of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor
finish to the top of the ceiling joist or, where there is not a ceiling, to the top of the roof rafters (cf. International
Building Code).
(4) Density Exemptions. In land use districts with minimum density requirements, additional substandard or
nonconforming lots can be segregated on a legal lot of record containing more than one primary dwelling unit and
septic system consistent with the requirements for a short subdivision under Article III of Chapter 18.35 JCC;
provided, that all conditions set forth in this subsection are satisfied:
(a) The parcel to be divided contains more than one existing legally permitted residential structure (not
including an approved or functioning accessory dwelling unit), of which all structures have an individual,
legally permitted and installed septic system approved by the Jefferson County environmental health
department, and neither structure was approved as, or functions as, an accessory dwelling unit (ADU);
(b) If on or before January 20, 1998, the parcel to be divided contained one or more existing legally permitted
residential structures, of which each structure had an installed, individual and legally permitted septic system
approved by the Jefferson County environmental health department, and the property contained at least one
additional legally permitted and installed septic system not yet dedicated or connected to an existing residential
structure;
(c) The following conditions shall apply to all density exemptions authorized under this subsection:
(i) Each of the existing residential units must have been constructed in compliance with all applicable
building codes, zoning codes, and county, state and federal laws in effect at the time of construction and/or
placement in the case of a manufactured or mobile home, and none of the residential structures were
permitted as an ADU and neither structure consists of a recreational vehicle or travel trailer.
(ii) Each of the installed septic systems were legally permitted at the time of installation and are currently
functioning properly as determined by the Jefferson County environmental health department, and are in
compliance with the applicable environmental health regulations as reviewed and approved by the
Jefferson County environmental health department.
(iii) The property may be divided into a number of lots equal to the number of legally permitted and
installed septic systems. In rural residential zones the property shall be divided in a manner that creates
lots of a size which are as equal as possible or as close to conforming with the minimum lot size or
mapped density requirements of this code, whichever is the more restrictive. Lots divided under this
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Cotuts C xd"
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�c 4;39
section in resource zones shall not be larger than one acre, unless additional area is needed for the septic
tank and drainfield.
(iv) Lots created under the exemption authorized in this subsection shall be exempt only from the density
or minimum lot size requirements of this code and shall be subject to all other requirements of this code,
including the requirement for its own access or agreed upon and legally created shared access (shared
easement), as well as compliance with all other applicable county, state and federal laws.
(v) The responsibility to demonstrate that each residential structure was constructed or sited under a valid
building permit and/or the regulations in effect at the time of construction, or placement in the case of a
manufactured or mobile home, and that each septic system was approved and inspected by the Jefferson
County environmental health department shall be that of the proponent.
(vi) The provisions of this subsection shall not apply to any recreational vehicle parks, mobile home parks,
campgrounds, camper clubs, seasonal (vacation) homes, park models, or any property developed under a
binding site plan.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Table 6.1. Density, Dimension and Open Space Standards
5'39
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Rural
Resource Lands
Residential
Rural Commercial
Rural Industrial
Public
UGA
Rum
Light
al
Final
Agricul[
Rur
1
1
1
1
Convenie
Genera
Resour
Industria
Light
Light
Parks,
Urban
Major
ural
C_'
al
Inholdi
DU/
DU/
DU/
Villa
nce
Neighborhood/V
1
ce-
I/
Industr
Industrial/Manulac
Heavy
Presery
Growth
Industrial
Resource
clad
Forest
Fore
ng
Forest
5
Acr
10
Acre
20
Acre
ge
Cent
Cross roa
d
isitor
Crossroad
Crissro
Rased
Industr
Commer
tial
jai
(Glen(Quilttne
luring
and
Indmtr
ial
es and
Retreat
Area
Develop.
Lands
st
es
s
s
ad
jai
(Glen
Cove)
Fastview)
ion
(Resew
ens
er
Cove)
ed)
Develop.
AP -20
ent
and AL
RR
RR
RR
Standard'
20
1CF
RF
IF
1:5
1:10
1:20
RVC
CC
NC
GC
RI
LDC
LI
LI/M
HI
PPR
UGA
MID
Maximum
I20
II80
1/40
1/20
1/5
1/10
120
None
N/A10
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Density
(DU/Acre)
Minimum
None specified. Lot sizes shall he sufficient in meet the public health and environmental protection standards contained in Jefferson County regulations. Ability to subdivide is
Per
Lot Area
regulated by the mapped development density.
Chapter
18.15
JCC,
Article
VM
Minimum
Front or
Road"
Setbacks"
(feet)
Minor
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
50
Collector
and Local
Access
Driveway
0
0
0
0
0
0
0
Private
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
Road and
ingress/F.g
ress
Easement
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
„: 6:'39
Major
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
50
Collector
Minor
35
35
35
35
35
35
35
30
35
35
35
35
35
35
35
35
35
50
Arterial
Principal
50
50
50
50
50'
50
50
35
35
35
35
35
35'
35'
35
35
50
50
Arterial
Special
Setback
from
A special setback is required from the adjacent resource land or use as specified in Chapter 18.15 JCC.
Resource
Lands
Minimum
5
5'
5'
5'
5"2
531
i'.:'-
5'”
S.
51"
53°
to34
"'A
l034
1036
203°
20
100
Rear and
Side
Setbacks"
(F -L)
Maximum
Building
Dimension
s
Building
35
35
35
35
35
35
35
35
35
35
35
IBC
3516
3516
TBC Std.
IBC
35
TBC Std.
Height's
Std.
Std.
(feet)
Area of
10
10
10
10
25
25
25
60
60
60
60
Per
55
55
Per ]CC 18.30.070
Per
10
Per JCC
Impervious
]CC
JCC
18.30.070
Surface
18.30.0
18.30.0
Coverage"
70
70
(rF+)
Area of
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
60
N/A
N/A
60
60
N/A
N/A
Building
:L
Coverage"
Maximum
Subject to Department of Health on-site septic and water
20,00
5,000
7,500
10,000
None
20,000
10,000'
None Specified
None
None
None
Building
constraints, lot size and all other applicable requirements
0
Specifi
(I1)16
Specifi
Specific
Specified
Sue10 (sq.
ed
15,000
ed
d
h.)
(C)"
NOTES:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
P i_, 7 39
i_ 0 \j t yi€ I AW\t
1. '1'o implement the intent of LNG 19.0 of the Comprehensive Plan to protect the forest corridor and tree canopy in the Glen Cove area, the setback from the right-of-way of SR 20 shall be 50 feel on each side of the
highway (comprised of a 30 -fowl buffer and a 20 -foul setback from the buffer), fur new development, from the intersection of Old Ftm Townsend Road and SR 20 to the incorporated boundary of the oily of Pun
Townsend,
2. Except if subject to the special setbacks required from adjacent resource lands as specified in Chapter 18.15 JCC.
3. Special Rear and Side Setbacks.
Wherever a residential use is proposed to abut a commercial use or zone, and vice versa, the setback shall be 35 feet.
• Wherever a residential use is proposed to abut a light industrial use or zone, and vice versa, the setback shall be 25 feet, unless otherwise specified in this code.
• Wherever a residential use is proposed to abut a heavy industrial use or zone, and vice versa, the setback shall be 100 feet, unless otherwise specified in this code.
4. Wherever a commercial use is proposed to abut an industrial use or zone, and vice versa, the setback shall he 20 feet, unless otherwise specified in this code.
5. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline Master Program (SMP) or when impairing safe sigbl lines at intersections, as determined by the county engineer.
6. Setbacks do not apply to mailboxes; wells; pump houses; boa shelters; septic systems and drainfields (except in the SMP); landscaping (including beans); utility apparatus such as poles, wires, pedestals, manholes,
and vaults. No other structures or accessory uses shall be located in the front setback area unless approved by the administrator. The administrator may reduce the minimum road setbacks if the strict application of such
setback would render a legal Im of record unbuildable under the provisions of this code.
7. Chimneys, smokestacks, fire or parapet walls, ADA -required elevator shafts, flagpoles, utility lines and poles, skylights, communication sending and receiving devices, HVAC and similar equipment, public water
towers or tanks, and spires associated with places of worship are exempt from height requirements.
8. Propane fuel storage tanks and containers shall maintain setbacks and separations pursuant to the currently adopted International Fire Code.
9. Approved subarea plans may establish different bulk and dimensional requirements for those areas.
10. "N/A" = Nut Applicable.
11. Road Classifications. To clarify the .setback for development activities consistent with the requirements of this chapter, the following road designations shall apply:
• Principal arterials: US 101, SR 104, SR 20.
• Minor anerials: SR 19 (Beaver Valley Road, Rhody Drive, and Airport Cutoff).
• Major collectors: SR 116 (.Fess' Comer Road, Oak Bay Road to Flagler Road and Flagler Road), Center Road, Chimacum Road, Irondale Road, Quinault-South Shore Road, Upper Hoh Road.
• Minor collectors: Anderson fake Road, Bee Mill Road, Cape George Road, Clearwater Road, Cooke Avenue Extension, Coyle Road, Dabob Road, Dabob P.O. Road, Dosewallips Road, Duckabush Road, E.
Quilcene Road, Four Corners Road, Faglemount Road, Hastings Avenue West, Hazel Point Road, Larson lake Road, Oak Bay Road, Paradise Bay Road, Penny Creek Road, Point Whitney Road, S. Discovery Road,
Thondyke Road, South Point Road.
12. The special side and rear setback provided in Table 6-1 shall also apply to outbuildings for residential or agricultural uses such as detached garages, storage sheds or toot sheds, except for existing lots of record
less than five acres wherein the minimum rear and side yard setbacks for outbuildings shall be five feet.
13. Maximum area of buikling coverage is measured by the percentage of total Im area occupied by the footprints of all structures.
14. Maximum building size is measured as the area occupied by the footprint of each individual structure. A parcel may contain more than one structure of the maximum building size.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
ss: 839
15. Pre-existing legal lots of record less than one acre in size in coral residential districts are subject to the sturmwater requirements in Chapter 18.30 ICC and must meet the "Area of impervious Surface Coverage" to
the maximum extent practicable as determined by the administrator.
16. In the Glen Cove fight industriallcommercial (LLC) district, the 20,000 -square -foot huilding size and the 35 -foot building height for all "Yes" uses maybe exceeded up to a maximum building size of 40,000
square feet (total interior floor space not to exceed 80,000 square feet) and a maximum building height of 50 feet pursuant to the Type III review process contained in Chapter 19.40 JCC and consistent with the
conditional use criteria contained in Chapter 18.40 JCC.
17. In the Glen Cove fight industrial/commercial (LUC) dist icl, the 1,500 -square -160l building size for all "Associated Commercial' uses may be exceeded up to a maximum building size of 3,000 square feet
pursuant to the Type III review process contained in Chapter 18.40 JCC and consistent with the conditional use criteria contained in Chapter 18.40 JCC.
18. In the Glen Cove fight industrial (LI) district, the 10,000 -square -foot building size and the 35 -foot building height for all "Yes" uses maybe exceeded up to a maximum building size o1720,000 square feet and a
maximum building height of 50 feet pursuant to the Type III review process contained in Chapter 18.40 JCC and consistent with the conditional use criteria contained in Chapter 18.40 ICC.
19. Impervious surface requirements do not apply to public purpose facilities
[Ord. 10-12 § l; Ord. 8-06 § 11
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
18.30.060 Grading and excavation standards.
(1) General Regulations.
(a) All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these
activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife
habitat, adjacent properties and downstream drainage channels.
(b) Grading and excavation to construct ponds and reservoirs shall:
9-39
(i) Meet all applicable setbacks specified in this code, except for stormwater detention facilities authorized
by the county engineer;
(ii) Maintain in -stream flows of natural drainage courses; and
(iii) Protect adjacent property from damage.
(2) Drainage and Erosion Control. All grading activities shall be accomplished as follows:
(a) Design and maintain adequate buffers of undisturbed native vegetation to minimize off-site impacts of
surface water runoff, erosion, and sedimentation.
(b) Design and construct all graded surfaces that are to be revegetated so that the graded surfaces will hold
topsoil and to minimize surface runoff, erosion, and sedimentation.
(c) Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and respread over all disturbed areas to
be revegetated. Excess excavated material, if not retained on-site, must be disposed of at a permitted site
approved by the administrator.
(d) Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded
immediately on completion of the project. If erosion is probable, areas with exposed soil shall be protected by
temporary means during and following construction until seeding is established. All disturbances should at least
be revegetated with grasses and forbs; including shrubs and trees as appropriate in the revegetation effort. Use
of plant species native to the county is encouraged.
(e) Natural vegetation shall be retained to the maximum extent possible in construction and operation of any
use. All development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to
prevent damage to adjoining property and downstream drainage channels and receiving waters.
(f) Surface drainage shall not be directed to or discharged into county roads or ditches within county rights-of-
way unless approved by the county engineer.
(g) A drainage analysis shall be prepared if required by JCC 18.30.070. Drainage controls may be required to
regulate volume, peak flow and velocities of runoff water and to control pollutants, erosion, and sedimentation
if it is probable that damage could occur downstream to property or to water quality. Such controls may include
landscaping or re-establishing native vegetation, ponds, catch basins, and other control structures.
(h) For effective long-term weed control, it is suggested that the landowner coordinate with the county weed
control board to eradicate nuisance species.
(3) Best Management Practices (BMPs). BMPs from the currently adopted Stormwater Management Manual for
Western Washington (SMM) (see JCC 18.30.070) or as specified by the county engineer shall be employed in the
control of erosion and sediment during construction, to permanently stabilize soil exposed during construction, and
in the design and operation of stormwater and drainage control systems.
(4) U .-:., . " Sensii Critical Areas. All clearing and grading activities that will adversely affect
ritical areas shall be subject to the regulations of Artiele 3.11 P et seq. of Chapter 18.4-522
JCC, and JCC 18.30.070, without limitation to thresholds found herein:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
r. 10 39
(a) Critical Aquifer Recharge Areas. Standards governing development activities in these areas are found in
Article V -VIII of Chapter 18.4522 JCC.
(b) Frequently Flooded Areas. Fills in flood hazard areas as identified on the FIRM (Flood Insurance Rate
Maps) are not permitted unless the administrator finds that no reasonable alternative exists.
(c) Geologically Hazardous Areas. Standards governing development activities in these areas are found in
Article V1 -G of Chapter 18.4-522 JCC.
(d) Fish and Wildlife Habitat Areas. Standards governing development activities in these areas are found in
Article VI44 of Chapter 18.4-522 JCC.
(e) Regulated Wetlands. Alteration (filling, excavating, or draining) of regulated wetlands shall be subject to
the provisions of Article VIl4 of Chapter 18.4-522 JCC.
(5) Grading.
(a) Project or building permits which involve grading of 500 or more cubic yards are subject to environmental
review under the State Environmental Policy Act (SEPA) (see Article X of Chapter 18.40 JCC) unless the
grading is SEPA-exempt under WAC 197-11-800.
(Note: this does not apply when grading is associated with a development or activity which is categorically exempt
from SEPA review requirements. Most minor new construction, including construction of a single-family house and
related outbuildings, is exempt from SEPA review; see WAC 197-11-800.)
(b) All grading of 500 cubic yards or more shall be subject to a stormwater management permit, as specified in
JCC 18.30.070(65), with the exception of:
(i) Maintenance of gravel roads;
(ii) A SEPA-exempt (cf. WAC 197-11-800(2)(d)) residential driveway;
(iii) Construction of a Class I — III logging road (per RCW 76.09.050 and WAC Title 222); �x
(iv) Drainage improvements constructed in accordance with subsection (2) of this section and JCC
18.30.070.
k 3+ 4+ +rte( it wh 4, [Ord. 8-06 § 11
18.30.070 Stormwater management standards.
All new development and redevelopment must conform to the standards and minimum requirements set by the most
current version of the Washington Department of Ecology Stormwater Management Manual for Western
Washington (SMM) and obtain a stormwater management permit if required by subsection (5) of this section. The
administrator may require additional measures as indicated by the environmental review or other site plan review.
(1) Definitions. For the purposes of this section, the definitions at Section I-2.3 of the SMM shall apply:
(a) "New development" includes land -disturbing activities, including Class IV general forest practices that are
conversions from timber land to other uses; structural development, including construction or installation of a
building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site
plans as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not
be considered new development.
(b) "Redevelopment" includes, on a site that is already substantially developed (i.e., has 35 percent or more of
existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a
building footprint or addition or replacement of a structure; structural development including construction,
installation or expansion of a building or other structure; replacement of impervious surface that is not part of a
routine maintenance activity; and land -disturbing activities.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
C,Jc
P,1 11;39
(c) "Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil
mantle as under natural conditions prior to development, a hard surface area which causes water to run off the
surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior
to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and
oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open,
uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of
determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
(d) "Land -disturbing activity" is any activity that results in movement of earth, or a change in the existing soil
cover (both vegetative and nonvegetative) and/or the existing soil topography. Land -disturbing activities
include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with
stabilization of structures and road construction shall also be considered a land -disturbing activity. Vegetation
maintenance practices are not considered land -disturbing activity.
(2) Exemptions. Commercial agriculture; (except new development secondarily related to agriculture per JCC
1820.030 (2)(b)(iv)(D)), road maintenance activities, and forest practices regulated under WAC Title 222, except
for Class IV general forest practices and COHPs (see JCC 18.20.160), pursuant to SMM Section I-2.2, are exempt
from the provisions of the minimum requirements.
(3) Development and Redevelopment Minimum Requirements. Development and redevelopment meeting the
criteria of subsection (1)(a) of this section shall be required to control erosion and sediment during construction and
to permanently stabilize soil exposed during construction. Such development shall:
(a) Comply with the minimum requirements for development of small parcels in Section I-2.5 of the SMM;
(b) Applicants for all development and redevelopment meeting the criteria for subsection (1)(a) of this section,
except for detached single-family residences and duplexes creating or adding less than 2,000 square feet and
land -disturbing activities of less than 7,000 square feet, shall prepare a stormwater site plan (or show on other
diagrams being prepared for the project, if appropriate) showing:
(i) Vicinity map;
(ii) Location of the structure and its access;
(iii) All applicable setback requirements;
(iv) Location of all applicable erosion and sediment control BMPs; and
(v) Existing site features and sensitive areas.
(4) New Development Minimum Requirements.
(a) All new development and redevelopment shall be required to comply with Minimum Requirement No. 2
(Construction Stormwater Pollution Prevention) as contained in the SMM.
(b) New development that includes: (i) the creation or addition of 2,000 square feet, or greater, of new,
replaced, or new plus replaced impervious surface area; or (ii) has land -disturbing activities of 7,000 square
feet or greater shall comply with Minimum Requirements Nos. 1 through 5 as contained in the SMM.
(c) New development that includes: (i) the creation or addition of 5,000 or more square feet of impervious
surface; or (ii) converts three-quarters acre, or more, of native vegetation to lawn or landscaped areas; or (iii)
converts 2.5 acres, or more, of native vegetation to pasture shall comply with Minimum Requirements Nos. 1
through 10 as contained in the SMM.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
12;39
Chi ; r 4 W 9`, 1-1 (H> U:4\ ',i lV 1d;'s)S
(d) Redevelopment that includes: (i) new, replaced, or total of new plus replaced impervious surface of 2,000
square feet or more; or (ii) 7,000 square feet or more of land -disturbing activity shall comply with Minimum
Requirements Nos. 1 through 5 as contained in the SMM.
(e) Stormwater Site Plan. Stormwater site plans shall be developed to the standards of Volume I, Chapter 3 of
the SMM, and include:
(i) Project overview;
(ii) Plot plan, including the elements of subsection (3)(b) of this section;
(iii) Locations of structures and other impervious surfaces;
(iv) Locations of stormwater runoff treatment and flow control facilities;
(v) Road rights-of-way and easements;
(vi) Preliminary conditions summary;
(vii) Analysis of off-site water quality impacts (including groundwater) resulting from the project, and
mitigation measures;
(viii) Analysis and design of proposed stormwater runoff control facilities, including flow control,
treatment, and source control BMPs (cf. Volume I, Section I-4 of the SMM, which provides a list of and
selection process for BMPs);
(ix) Construction stormwater pollution prevention plan;
(x) Special reports and studies;
(xi) Stormwater and drainage system maintenance specifications.
(f) Commercial and industrial developments, subdivisions or other projects requiring stormwater management
facilities including collection, conveyance, treatment, detention, and infiltration facilities shall enter into a
stormwater management facility maintenance agreement with Jefferson County to operate and maintain the
facilities as per the approved plans. The public works department will prepare the agreement after approval of
the project stormwater site plan and submit it to the applicant. The applicant shall file the agreement with the
Jefferson County auditor prior to final project approval by Jefferson County.
(5) Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more (not exempted under
; ,x18.30.060 (5)(b) of th is see tie n), land -disturbing activities of 7,000 square feet or more, or creation of
2,000 square feet or more of impervious surface shall be subject to a stormwater management permit. Prior to
issuance of a stormwater management permit, the applicant shall submit the required stormwater management plans
to the administrator for review and approval. The administrator shall issue the stormwater management permit
consistent with a Type I permit process (as specified in Chapter 18.40 JCC) only upon a finding that the proposed
use or activity meets all applicable requirements of JCC 18.30.060 and this section, and any other applicable
requirements of this code.
(a) Applications for grading projects or land -disturbing activities which require a stormwater management
permit shall include the following information. The administrator may waive specific submittal requirements
determined to be unnecessary for review of the application.
(i) Source of fill material and deposition of excess material;
(ii) Physical characteristics of fill material;
(iii) Proposed methods of placement and compaction consistent with the applicable standards in of the
International Building Code;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
P t,_,c.13 39
(iv) Proposed surfacing material;
(v) Proposed method(s) of drainage and erosion control;
(vi) Methods for restoration of the site;
(vii) Demonstration that in -stream flow of water will remain unobstructed;
(viii) Demonstration that erosion and sedimentation from outflow channels will be minimized by
vegetation or other means; and
(ix) Demonstration that pond runoff will be controlled to protect adjacent property from damage. [Ord. 8-
06 § 11
18.30.080 Roads.
(1) General. The following shall apply to all public and private roads, including any road in a development subject to
Chapter 18.35 JCC, Land Divisions:
(a) Transportation facilities shall be designed and constructed in conformance with the following reference
manuals and standards of the Jefferson County department of public works which are hereby adopted by
reference in this code, including:
(i) American Association of State Highway and Transportation Officials (AASHTO), A Policy on
Geometric Design of Highways and Streets, Standard Specifications for Highway Bridges, and Roadside
Design Guide;
(ii) Washington State Department of Transportation (WSDOT) Local Agency Guidelines, Highway
Design Manual, Bridge Manual, Construction Manual, Highway Runoff Manual, Hydraulics Manual,
Plans Preparation Manual, Standard Specifications for Road, Bridge, and Municipal Construction, and
Standard Plans for Road, Bridge, and Municipal Construction;
(iii) Washington Department of Ecology Stormwater Management Manual;
(iv) Federal Highway Administration Manual on Uniform Traffic Control Devices;
(v) Institute of Transportation Engineers (ITE) Trip Generation Manual; and
(vi) Transportation Research Board (TRB) Highway Capacity Manual, Special Report No. 209.
(b) Bridges shall be designed and constructed in conformance with the standards of the department of public
works identified by reference in this code. Bridge design and construction shall be certified by a licensed
engineer.
(c) Road signs and traffic signs shall be installed in conformance with the standards of the department of public
works identified by reference in this title.
(d) Drainage, erosion control, and stormwater management facilities shall comply with the requirements of the
storm drainage standards contained in JCC 18.30.070 and the Washington Department of Ecology Stormwater
Management Manual, and any other applicable Jefferson County standards.
(e) The applicant shall submit plans for construction of roads, bridges, stormwater management facilities,
and/or land disturbing activities regulated by this code to the department of public works for review and
approval prior to commencing construction.
(f) Clearing, grading, and construction of roads, bridges, utilities, and stormwater management facilities shall
be inspected by the department of public works. In order to enable the department to conduct inspections in a
timely manner, the applicant shall notify the department in a timely manner regarding the project construction
schedule.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
The following road inspections are typically required:
(i) Installation of temporary erosion and sediment control measures;
(ii) Clearing and road subgrade preparation;
(iii) Placing roadway gravel base;
(iv) Placing roadway crushed surfacing top course;
(v) Placing improved roadway surface (chip seal or asphalt concrete);
(vi) Construction of stormwater management facilities; and
(vii) Final plat review.
Additional inspections may be necessary based on site-specific conditions or the nature of the project.
il i _,,t 14,39
(g) The department of public works may require development applicants to submit a traffic analysis prepared
by a licensed engineer in order to determine the potential off-site impacts to public and private transportation
facilities from proposed subdivisions.
(h) Subdivision road systems shall provide access to the public road system at two locations, when feasible.
One access location may be allowed based on a finding by the department of public works that a single access
location is adequate to protect the public health, safety, and welfare.
(i) Access to subdivisions from arterial and collector roads shall be restricted. Lots shall be accessed from an
internal access road system, unless the lots are accessed from a local access road.
0) Developments shall make appropriate provision to ensure safe walking conditions for pedestrians and for
students who walk to and from school. Construction of road improvements, sidewalks, trails, or bicycle
facilities may be required in order to meet this standard.
(k) Subdivisions shall make appropriate provision for transit and school bus stops.
(1) When a proposed subdivision is adjacent to a county road, a right-of-way 30 feet in width from the roadway
centerline shall be conveyed to Jefferson County by either statutory warranty deed or dedication in fee simple
on the plat, if such right-of-way has not been previously conveyed.
(m) Easements for private roads providing access to and/or internal circulation within subdivisions shall be 60
feet in width. Easement width may be reduced on the recommendation of the department of public works based
on a finding that the public health, safety, and welfare will be protected and that the easement width is adequate
for the construction and maintenance of roads and utilities. Where reduced access easement widths are
proposed, parallel utilities easements may be required.
(n) Access easements from the county road system to the subdivision shall be provided consistent with the
requirements of this code. Access from the public road system shall be depicted on the final plat.
(o) Subdivision road names shall be approved by the board of county commissioners based on a
recommendation by the department of public works and in compliance with Chapter 12.20 JCC, Emergency
Locator System.
(p) Subdivisions shall establish an agreement for the continuing maintenance of private roads either by
recording a separate instrument and referencing said instrument on the plat or by declaring a maintenance
agreement on the plat. The applicant shall submit the maintenance agreement to the department of public works
for review and approval prior to final plat approval.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
I,(i•;:ra�� t f,.7E�nt� C , " site:' 15,39
(q) All required construction of roads, bridges, utilities, and stormwater management facilities shall be
inspected and approved by the department of public works prior to final development approval.
(r) Developments proposing access to county collector roads and state highways shall make appropriate access
improvements to ensure that mobility on these roadways is not degraded. The design of access improvements
shall be reviewed and approved by the Jefferson County engineer for county roads and by the Washington
Department of Transportation for state routes.
(s) Subdivision applicants may post a surety guaranteeing completion of subdivision improvements within one
year of final plat approval. The surety shall be reviewed and approved by the department of public works. The
surety shall be for 200 percent of the cost of constructing the improvements based on an estimate prepared by a
licensed engineer. In the event that the applicant does not complete construction of improvements within one
year, the department of public works shall be authorized to complete the construction and pay for the work
from the surety account. Surety shall not be accepted for water supply development other than distribution
facilities.
(t) A maintenance bond guaranteeing any improvements required by this code for two years may be required by
Jefferson County as a condition of final plat approval. Maintenance bonds shall be approved by the department
of public works.
(u) Applications requiring review by the department of public works to meet the requirements of this section
shall be assessed hourly review fees in accordance with the Jefferson County fee schedule. By making
application, the applicant agrees to reimburse the department for its expenses even if the proposal is denied by
subsequent action of the county or the proposal is otherwise not completed.
(v) Modifications to design and construction standards for a specific road project may be approved by the
county engineer.
(2) Public Roads.
(a) General.
(i) The Jefferson County engineer is responsible for the design and construction of all county roads.
(ii) The standard right-of-way width is 60 feet for all public roads.
(iii) Roadway monumentation shall be approved by the department of public works.
(iv) Road access permits are required for access to county roads. Applications will be reviewed by the
administrator for the requirements of the environmentally sensitive areas overlay district (see Article VI -D
of Chapter 18.15 JCC) and of the State Environmental Policy Act (Article X of Chapter 18.40 JCC) prior
to being approved by the county engineer. Such permits shall be limited as follows:
(A) The number of access points along roads shall be limited to one per parcel, except:
• For agricultural access;
• When the parcel topography makes a single access point impractical for the entire parcel;
• When access is being provided for commercial uses with 20 or more parking spaces; or
• When additional access points are required or approved by the county engineer.
(B) New access points to arterial roads shall not be allowed if reasonable access from any other road is
available.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
('.�I_< 1639
(C) Road access points shall have a clear and unobstructed sight distance in both directions adequate to
ensure public safety. Appropriate site distances shall be determined by the county engineer, based on
speed limit, roadway surface, and other pertinent factors.
(D) Storm drainage and culvert sizing shall be based upon engineering analysis and the standards of
JCC 18.30.060(2) and 18.30.070. Maximum length of surface drainage for roadside ditches before
discharging onto adjacent property or into natural drainageway shall be 1,000 feet.
(E) The permits shall be conditioned to address impacts to environmentally sensitive areas or as
indicated by SEPA analysis, if applicable.
(F) The county engineer shall have the authority to approve or deny all road access permits, which
decision is final and not subject to administrative appeal.
(b) Road and Right -of -Way Dedication.
(i) Where any public road right-of-way abutting a property proposed for a development is subject to a
conditional use permit or to Chapter 18.35 JCC, Land Divisions, and has insufficient width to conform to
the county's adopted road standards for the class of road involved, the county engineer may:
(A) Require the dedication of sufficient additional right-of-way to bring the abutting half of the right-
of-way (measured from the existing county road centerline) into conformance with the adopted
standards; and
(B) Obtain additional easements to cut and fill on the subject property adjacent to the county road, and
to provide for drainage of surface and stormwater runoff by directing the runoff along or into natural
drainageways on lots adjacent to the county road. Such drainage should be designed and mitigated to
avoid or minimize impacts to the environment and to the affected properties.
(ii) The county may accept the dedication of new county roads and rights-of-way subject to the following
standards:
(A) Only if all of the following criteria are met:
• The road right-of-way is at least 60 feet in width and is dedicated to Jefferson County in fee simple;
• The road meets all other county standards; and
• An evaluation by the county engineer deems the road to be of general public benefit.
(B) When roads are proposed to be dedicated to Jefferson County, the county engineer shall make a
report to the board of county commissioners regarding the practicality and necessity of accepting the
dedication, the effect of the dedication on traffic circulation, and any other matters deemed to be
material by the county engineer.
(C) All road rights-of-way dedications shall be processed in accordance with final plat procedures
contained in Chapter 18.35 JCC, Land Divisions.
(c) Road Vacations. All applications to the board of county commissioners seeking vacation of a county road
right-of-way or any portion of one shall be subject to the requirements of Chapter 12.10 JCC, Road Vacations.
[Ord. 8-06 § 1]
18.30.090 Pedestrian circulation.
(1) All development shall provide for separate easements and paths when the easement will provide links to a public
trail referenced in any adopted county plan for public trails.
(2) Public pedestrian paths shall meet the following minimum design standards:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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(a) Paths shall be visually distinguished from roads, driveways, and parking spaces.
(b) Paths shall have a standard unobstructed width of six feet or the minimum standards contained in the
Jefferson County nonmotorized transportation and recreational trails plan, whichever is greater. [Ord. 8-06 § I]
18.30.100 Parking.
(1) General Parking Standards. The following standards shall apply to all development under this code.
(a) Off-street parking shall be established prior to occupancy of any new or expanded building or before a
change occurs in the use of an existing building. Parking space requirements shall be determined from Table 6-
2, and as follows:
(i) Off-street parking ratios expressed as the number of spaces per square feet means the usable or net
square footage of floor area, exclusive of nonpublic areas, such as building maintenance areas, storage
areas, closets, or restrooms. If the formula for determining the number of off-street parking spaces results
in a fraction, the number of spaces shall be rounded to the nearest higher whole number;
(ii) Where other provisions of this UDC stipulate maximum parking allowed, or increase or reduce
minimum parking requirements, those provisions shall apply;
(iii) An applicant may request a modification of the minimum number of parking spaces by providing a
study prepared by a qualified professional that substantiates that parking demand can be met with a
reduced parking requirement. In such cases, the administrator may approve a reduction of the minimum
number of spaces required;
(iv) The current edition of the International Building Code shall be used to determine the number of
occupants of a use;
(v) The administrator may refer to the current edition of the ITE Trip Generation Manual to determine the
number of trips used to determine parking demand and may increase or reduce the required number of
parking spaces based on actual usage or projected demand; and
(vi) For unnamed uses, the administrator may require a study prepared by a licensed civil engineer that
substantiates an acceptable parking requirement.
(b) Parking for physically handicapped needs shall be provided consistent with state standards at a rate of not
less than two percent of the total number of parking spaces, or a minimum of one parking space, whichever is
greater. Single-family residences, including duplexes, are exempt from this requirement. Parking spaces for
physically handicapped needs shall comply with the current ADA Desien Guide, Department of Justice,
Disability Rights Section. 4 NS -1 1 1 1 2003 (50-2 .2 anE c014.2). e,.,.l.spa etes . haII r,,, ..,.. Ieasi ..han i � F,,, .
Vie.
(c) A parking layout plan shall be submitted to the administrator for approval consistent with requirements of
Table 6-2 for all multifamily residential, commercial, industrial, institutional and small-scale recreation and
tourist uses, at the time of application for any permit or land use activity required by this code. The layout plan
shall conform to the general parking standards contained in this subsection. The administrator may refer any
parking plan to the county engineer for technical review.
(d) Required off-street parking located within the jurisdiction of the Shoreline Master Program shall also be
consistent with applicable provisions of this section.
(e) Off-street parking areas containing five or more spaces shall be landscaped according to JCC 18.30.130(6).
(f) The minimum parking space and aisle dimensions for the most common parking angles are shown in Table
6-3. For parking angles other than those shown on the chart, the minimum parking space and aisle dimensions
shall be approved by the county engineer.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
sI �, c 18,39
(g) Owners of two or more adjoining uses, structures or lots may utilize jointly the same parking or loading
area when the hours of operation do not overlap. In the event that owners of one or more adjoining uses,
structures or lots desire to utilize jointly the same parking concurrently, the total requirement for parking spaces
shall be the sum of the requirements for each individual use, unless the applicants can demonstrate to the
administrator that a lower number of parking spaces are justified through implementation of transportation
demand management strategies, off-peak use, availability and use of public transit or alternative modes of
travel or other measures.
(h) If lighting is provided, it shall be designed to minimize direct illumination of abutting properties and
adjacent streets.
(2) Parking Access Standards. All parking facilities shall be developed consistent with the following access
standards:
(a) Joint accesses for commercial, industrial and multifamily residential uses should be utilized whenever
feasible.
(b) All ingress and egress to a parking lot accessing an arterial or collector roadway shall be developed so
vehicles entering and leaving the parking lot are headed in a forward motion.
(c) Access points shall be located in a manner consistent with the standards of the Jefferson County department
of public works or WSDOT, where applicable.
(d) Limited access provisions shall be required when deemed necessary by the Jefferson County department of
public works or WSDOT, where applicable.
(3) General Off -Street Parking Construction Standards.
(a) All required off-street parking shall be provided with an all-weather surface as required by the Jefferson
County department of public works.
(b) Grading work for parking areas shall meet the requirements of the International Building Code. Drainage
and erosion or sedimentation control facilities shall be provided in accordance with JCC 18.30.060(2) and
18.30.070.
(c) Wheel stops, striping, or similar measures are required where a parked vehicle would encroach on adjacent
property, pedestrian access or circulation areas, rights-of-way, or landscaped areas.
(d) Any lighting installed in parking areas shall be consistent with the requirements of JCC 18.30.140.
Table 6-2. Minimum Number of Parking Spaces Required for Different Land Uses
Land Use
Minimum Number of Parking Spaces Required(')
COMMERCIAL USES
Animal shelters, commercial kennels and catteries
1 per 750 square feet plus 1 per employee
Automotive service and repair
2 spaces per bay or stall plus 1 space per employee
Bed and breakfast inn or residence
1 per guest room, plus 2 per facility
Day care, group care, and residential care facilities
1 space per 10 people enrolled plus 1 for each staff member or volunteer on-site, but
not fewer than 3 spaces
Drinking and/or eating establishments
1 per 100 square feet or I per 3 seats, whichever is greater. Seasonal outside seating
does not require additional parking
Hotel/motel
1 per guest room plus I per employee
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Indoor entertainment facilities
1 per 4 seats or per 100 square feet of assembly area, whichever is greater
Nursing homes/assisted living facilities
5 plus 1 per 6 beds
Personal and professional services and offices
1 space per 300 square feet plus 1 per employee, but not fewer than 3 spaces
Retail sales and services
1 per 300 square feet
Unnamed commercial uses
(Determined by the administrator]
Industrial Uses
For all industrial uses (except as listed below)
1 per employee plus I per 300 square feet of any associated retail sales area
Heavy equipment rental services
1 per 750 square feet plus 1 per employee
Recycling center
1 per 750 square feet plus 1 per employee
Solid waste handling facilities
1 per 750 square feet plus 1 per employee
INSTITUTIONAL USES
College or technical school/adult education facility
1 per classroom, plus 1 per 2 students
Community club or community organization facility
1 space per 300 square feet but not fewer than 5 spaces
Emergency services
[Determined by the administrator]
Government offices
1 space per 300 square feet but not fewer than 5 spaces
Library
1 per 300 square feet
Museum
1 per 800 square feet
Post office
1 space per 300 square feet but not fewer than 5 spaces
Religious assembly facility
1 per 5 fixed seats, plus 1 per 50 square feet of gross floor area without fixed seats
used for assembly purposes
School, primary and secondary
1 per 10 students enrolled plus 1 per employee
Unnamed institutional uses
[Determined by the administrator]
SMALL-SCALF. RECREATIONAL AND TOURIST USES
For all small-scale recreational and tourist uses
[Determined by the administrator]
Unnamed small-scale recreational and tourist uses
[Determined by the administrator]
RESIDENTIAL USES
Cottage industry
1 per teach employees (see JCC 18.20.170 (4)(d): customer spaces determined by
administrator)
Group homes
1.5 per tenant
Home business
2 per dwelling unit for each home business
Mobile home parks
2 per dwelling unit
Multifamily residential (3+ units)
1.5 per dwelling unit
Single-family residential unit
2 per dwelling unit
Two-family residential (duplex)
2 per dwelling unit
Unnamed residential uses
[Determined by the administrator]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
=�rf4�r t`.,zaitti t'r�,ic
2039
TRANSPORTATION USES
All transportation -related uses
[Determined by the administrator]
UTILITIES USES
All utilities and related uses
[Determined by the administrator]
AGRICULTURAL USES
Agricultural activities
None
Accessory uses
Parking fully accommodated on-site, unless otherwise permitted
Forest products, processing activities
1 per employee
Nurseries
1 per employee
Unnamed agricultural uses
[Determined by the administrator]
Note:
1. At least one parking space must be provided, unless indicated by "None."
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pg not found]
Table 6-3. Minimum Dimensions for Parking Stalls and Aisles
Parking Angle
(A)
Stall Width
(B)
Curb Length
(C)
Stall Depth
(D)
Aisle Width (E)
Unit Depth (F)
1 -Way
2 -Way
1 -Way
2 -Way
0
9.0
22.5
9.0
12.0
20.0
30.0
38.0
45
9.0
12.5
17.5
14.0
20.0
49.0
55.0
60
9.0
10.5
18.0
18.0
20.0
54.0
56.0
90
9.0
9.0
18.0
23.0
26.0
59.0
62.0
[Ord. 8-06 § 1 ]
18.30.110 Off-street loading space requirements.
Every nonresidential building used for retail, wholesale, manufacturing, or storage activities, excluding self-service
storage facilities, shall provide off-street loading spaces in accordance with the standards listed below:
(1) One loading space shall be required for each building containing 7,500 or more square feet of gross floor area.
(2) Each loading space must be a minimum of 10 feet wide, 25 feet long, have an unobstructed vertical clearance of
14 feet, six inches, and be surfaced, improved, and maintained as required by this section. Loading spaces must be
located so that trucks do not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way.
All loading space areas shall be separated from required parking areas and shall be designated as truck loading
spaces.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
P,cs_e 21%39
1, _UI I\ C I (W NIi'v"(,: SI 0 \Rl)s
(3) Any loading space located within 100 feet of areas designated for residential use shall be screened and operated
as necessary to reduce noise and visual impacts. Noise mitigation measures may include architectural or structural
barriers, beams, walls, or restrictions on the hours of operation.
(4) Loading areas and dumpsters shall be screened from adjacent residential uses by walls, trellises, arcades, or
landscaping. [Ord. 8-06 § 11
18.30.120 Utility service lines and facilities.
(1) General Regulations.
(a) Environmental impacts resulting from installation or maintenance of utilities should be minimized. Areas
disturbed during construction shall be replanted with native vegetation and maintained until firmly established.
Clearing shall be confined to that necessary to allow installation and to prevent interference by vegetation once
the system is in operation.
(b) Utilities and transportation facilities should be installed in the same rights-of-way when the effect will be to
reduce the adverse impacts on the physical environment.
(c) Solid waste transfer and disposal facilities shall be located and designed in accordance with Chapter 173-
301 WAC, Department of Ecology Minimum Functional Standards for Solid Waste Handling, and applicable
local health, safety, and fire protection codes. [Ord. 8-06 § 1]
18.30.130 Landscaping/screening.
(1) Application. Landscaping or screening shall be provided for all multifamily residential, commercial and
industrial land uses, small-scale recreational and tourist uses, and as required in other sections of this code, except
that landscaping will not be required of industrial uses within the resource-based industrial district when the
development is sufficiently screened from public view.
(2) General Provisions.
(a) Existing trees, vegetative plantings, undisturbed open space, and/or topographic or natural features which
meet or exceed these standards shall be considered to fulfill the landscaping or screening requirements of this
section and any other applicable reference to these screening requirements in other sections of this code.
(b) The administrator may authorize variations to the landscaping/screening requirements of this section to:
(i) Provide consideration of topography, natural features, existing native vegetation and soils on the site
and site location in relation to adjacent and surrounding uses;
(ii) Allow alternative plant mixes or berming that accomplish the purposes of the type of landscape
screening required;
(iii) Conserve water through the concept of xeriscaping;
(iv) Provide flexibility in the size of initial plantings; and
(v) Ensure that any nonresidential use, structure or activity when proposed in a rural residential (RR)
district shall be compatible with that of existing and anticipated future uses in the district.
(3) Landscape Screening. The three types of landscaping screens are described and applied as follows.
(a) "Screen -A" landscaping:
(i) Is a "full screen" that functions as a visual barrier. This landscaping is typically found between
residential and nonresidential areas;
(ii) Shall at a minimum consist of:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(tglc
� Ip! �o NA ; I (WtisNi '�I 1"�_I
I 22_,39
(A) A mix of primarily evergreen trees and shrubs generally interspersed to form a continuous year-
round screen that grows to at least eight feet in height within two growing seasons.
(b) "Screen -B" landscaping:
(i) Is a "filtered screed' that functions as a visual separator. This landscaping is typically found between
commercial and industrial uses; between differing types of residential development; and to screen
industrial uses from the road;
(ii) Shall at a minimum consist of:
(A) A mix of evergreen and deciduous trees and shrubs generally interspersed to create a filtered
screen that grows to at least eight feet in height within two growing seasons.
(c) "Screen -C" landscaping:
(i) Is a "see-through screed' that functions as a partial visual separator to soften the appearance of parking
areas and building elevations. This landscaping is typically found along road frontage or between
multiple -family developments;
(ii) Shall at a minimum consist of:
(A) A mix of evergreen and deciduous trees or shrubs generally interspersed to create a continuous
canopy.
(4) Landscaping Road Frontages. The average width or depth of perimeter landscaping along road frontages and
required locations on private property shall be provided as follows:
(a) Ten feet of Screen -B landscaping shall be provided for an industrial development.
(b) Ten feet of Screen -B landscaping shall be provided for all above -ground utility facilities or development,
excluding distribution and transmission corridors, located outside a public right -of way.
(c) Ten feet of Screen -C landscaping shall be provided for all commercial or multiple -family residential
development.
(5) Landscaping of Interior Lot Lines. The average width or depth of perimeter landscaping along interior lot lines
shall be provided as follows:
(a) Fifteen feet of Screen -A landscaping shall be included in all commercial, industrial, or small-scale
recreational and tourist development along any portion adjacent to a residential use or district, except as may be
vaned by the administrator under subsection (2)(b) of this section.
(b) Ten feet of Screen -B landscaping shall be included in all multiple -family development along any portion
adjacent to a single-family residential use and in an industrial development along any portion adjacent to a
nonindustrial development, except as provided in subsection (5)(a) of this section.
(6) Landscaping for Parking Lots. Landscaping shall be provided for commercial, industrial, small-scale recreational
and tourist uses, and multifamily residential use surface parking lots, with five or more parking stalls, as follows:
(a) Screening shall be provided on each side, front, and/or rear of a parking lot where such side, front, and/or
rear abuts any residential use or district, except that no screening is required where the elevation of the parking
area lot line is four feet higher than the finished elevation of the parking area surface.
(b) Parking lot screening and landscaping shall be kept in good condition and shall meet the following
conditions:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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(i) It shall be continuous where required along a side, front or rear of a parking area and shall not be less
than four feet in height above the grade of the parking lot surface, broken only for accessways and aisles;
provided, that the screening shall not be permitted for a distance of 20 feet on each side of a parking area
accessway to ensure proper sight distance. Where screening is prohibited by the above provisions, low
lying shrubs or other similar plantings shall be placed; such plantings shall not be allowed to exceed three
feet in height.
(ii) Screening shall not be installed in such a manner as to obstruct the free use of any fire hydrant.
(iii) The space between the landscaping screen and the right-of-way, except for any pedestrian access
improvements, shall be landscaped with grass, shrubs, trees, or evergreen groundcover. On the sides and
rear of parking areas not facing a street, such landscaping shall be required between screening and the lot
line.
(7) Landscape Plan. When screening is required, a landscaping plan shall be submitted with the project application
to indicate how the minimum screening requirements are met. The plan must meet the following requirements:
(a) The landscape plan shall be drawn on the same base map as the development plans or on a separate sheet
properly labeled and shall identify the following:
(i) Total landscape area;
(ii) Landscape materials, plant names, and applicable size;
(iii) Property lines;
(iv) Impervious surfaces;
(v) Existing or proposed structures, fences, and retaining walls; and
(vi) Natural features or vegetation left in natural state.
(b) The required landscaping shall be installed prior to project occupancy. However, a certificate of occupancy
may be issued prior to installation of the required landscaping if a bond or other form of appropriate surety is
posted in a manner acceptable to the administrator. The time limit for compliance may be extended to allow
installation of such required landscaping during the next planting season.
(8) Maintenance.
(a) All landscaping and necessary support systems shall be maintained for the life of the project.
(b) All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition.
(c) Landscape areas shall be kept free of trash. [Ord. 8-06 § 1]
18.30.140 Lighting.
(1) Exterior Lighting. Exterior lighting shall not exceed 30 feet in height from the finished grade for commercial and
industrial uses, and 20 feet for residential uses (except when such lighting is an integral part of the building).
Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained
within the boundaries of the parcel. Exterior lighting shall be directed downward and away from adjoining
properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All
lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting installed
in parking areas shall be of direct cutoff design so that the source is not visible from adjacent property.
(2) Street Lighting. Street lighting may be provided by private parties on county roads, provided the design and
location shall be approved by the county engineer, and a method to cover the cost of operation and maintenance is
approved by the county engineer. [Ord. 8-06 § 1]
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
::iii ti.r (, iti{ii� � .➢41�'
c 24 39
18.30.150 Signs.
(1) Purpose. These regulations are intended to balance the need to protect public safety and welfare, the need for a
well-maintained and attractive community, and the need for adequate methods of communication through signs.
Specific objectives are:
(a) To allow for and encourage the effective use of signs;
(b) To improve and maintain traffic and pedestrian safety by reducing distractions and hazards from signs;
(c) To maintain public and private property values, scenic resources and "rural character" in accordance with
the adopted comprehensive plan;
(d) To ensure that the constitutionally guaranteed right of free expression is protected;
(e) To disavow any regulatory distinctions or restrictions on speech based on the content of signs. No part of
this section shall be construed to favor one type of speech over another and if any provision of this section is
ambiguous, it shall be interpreted as to not regulate on the basis of speech content.
(2) Applicability. No sign shall hereafter be erected or used for any purpose or in any manner except as permitted by
the regulations of this section or as specified elsewhere in this code. All non-exempt signs shall be subject to review
and approval and may require issuance of a sign permit and or a building permit by the administrator according to a
Type I permit approval process as specified in Chapter 18.40 JCC.
(3) Definitions.
(a) "Abatement' means to repair, fix, rebuild, demolish and/or remove any sign or sign structure to remove any
feature that is noncompliant with this section.
(b) "Abandoned sign" means any sign that, for a period of more than six months, no longer correctly identifies,
exhorts, or advertises any person, business, product, event or activity conducted or available on or off the
premises on which the sign is located.
(c) "Administrator" means the planning manager of the Jefferson County department of community
development or his/her designee.
(d) "Banner sign' means a temporary sign composed of lightweight, flexible, nonrigid material either enclosed
or not enclosed in a rigid frame.
(e) "Billboard sign' means any outdoor sign containing advertising which is not related to any use or activity
on the premises on which the sign is located, but not including directional signs as defined in this title.
(f) "Commercial sign' means signs that exhort a viewer to patronize a business.
(g) "Community signs" mean signs which identify a recognized community or unincorporated place.
(h) "Directional sign' means a sign which serves solely to designate the location of any place, area,
organization, or businesses, whether on premises or off premises.
(i) "Changing message sign' means a type of "moving sign' where only the display of words, symbols,
graphics or images can be electronically or mechanically changed by remote or automatic means, and where the
image and/or message remains fixed for at least three seconds, and where only the changing message exhibits
movement and where the brightness or illuminance of the sign does not exceed 0.3 foot-candles above ambient
light as measured during the night between the hours of 10:00 p.m. to 2:00 a.m. using a foot-candle meter at a
preset distance depending on sign size. The measuring distance in feet shall be determined by the product of the
square root of the sign area and 100. In addition, illuminated moving signs with changing messages shall be
equipped with automatic dimming technology which automatically adjusts brightness due to ambient light
conditions.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
ivtftir,r� i'zrtt; i _
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2539
0) "Event signs" means signs and banners promoting public festivals, community or special events, and grand
openings.
(k) "Foot-candle" means a unit of luminance or illumination, equal to one lumen incident per square foot.
(1) "Freestanding sign' means a sign which is supported by one or more permanent uprights, pole or braces to
the ground and which is not connected to a building. Freestanding signs include "monument signs," meaning a
sign attached to a solid base measuring 50 percent or more of the total sign width and which connects the sign
to the ground.
(m) "Governmental sign' means a sign installed or placed by any political subdivision, municipal corporation
or junior taxing district of the state or any entity having taxing authority granted to it by state statute.
(n) "Hand held sign' means a sign held or worn by a person.
(o) "Moving sign' means signage that exhibits movement, including inflatable structures, fluttering material,
revolving or moving parts or lights to provide motion or the optical illusion of motion, animation or changing
images. Moving signs may employ one or more of the following methods to provide motion or the illusion of
motion: (i) naturally occurring energy, such as the wind; (ii) electrical energy; (iii) mechanical energy; or (iv)
human power.
(p) "Nonconforming sign' means any sign in existence within the county on the date of adoption of the
ordinance codified in this section which does not conform with the provisions of this section, but which did
conform to all applicable laws in effect on the date the sign was originally erected.
(q) "Noncommercial signs" means signs that do not exhort a viewer to patronize a business, including, but not
limited to, political signs as that term is defined in this section.
(r) "On-site sign' means a sign relating, through its message and content, to an activity, use, product, or service
which is available on the premises on which the sign is erected.
(s) "Off-site sign' means a sign relating, through its message and content, to an activity, use, product, or service
which is not available on the premises on which the sign is erected.
(t) "Political sign' means any sign which serves to influence, is intended to influence, or appears to be the type
of sign which is commonly erected to influence the results of an election or ballot proposition.
(u) "Portable sign' means any sign which is not permanently affixed to the ground or a structure or building.
This definition includes movable reader boards, banners and sandwich boards that are placed so as to be seen
from private property or public rights-of-way.
(v) "Projection sign' means a sign that is wholly or partly dependent upon a building for support and which
projects more than 12 inches from such building.
(w) "Real estate sign' means a temporary sign which directs attention to the sale, lease, or rental of a particular
building, property, or premises, whether located at the premises to be sold, leased or rented or not.
(x) "Roof base" means the point at which the walls of a building meet the roof structure, excluding any eaves,
parapets, cupolas, chimneys, towers, other projections, and any roof height caused by the pitch of a roof.
(y) Sandwich Board Sign. See "portable sign.
(z) "Sign' means any object, device, display or structure, or part thereof, situated outdoors which is used to
advertise, identify, display, direct or attract attention to an object, person, institution, organization, business,
product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. Excluded from this definition are signs required by law, such as
handicapped parking signs, and the flags of national and state governments.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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(aa) "Subdivision real estate sign' means a temporary sign which directs attention to the sale, lease or rental of
more than one lot, house or premises within a subdivision.
(bb) "Temporary sign' means a sign associated with a particular short-term event or activity, such as but not
limited to community festival, parade, grand opening, garage or rummage sale, political campaign and real
estate signs, which are to be removed within 10 days of when the event or activity ends. For political signs, as
that term is defined in this section, election day shall be considered the measuring event. Temporary signs are
limited to a maximum time of not more than 180 days in any one calendar year, unless otherwise noted.
(cc) "Wayfinding signs" means, upon its establishment by the county, a program of uniform signs that are
designed, installed and maintained by the county intended to assist the public in finding goods, services, events
and places. Private or public entities may be approved to locate their messages on the wayfinding signs, upon
payment of a fee intended to defray the cost of the program.
(dd) "Use" means the purpose that land or building or structures now serve or for which they are or may be
occupied, maintained, arranged, designed, or intended.
(4) Exemptions. The following signs are exempt from the requirements to apply for and receive a land use sign
permit or building permit; provided, that exempt signs must meet all other applicable requirements of this section,
and any other applicable requirements of this title:
(a) Traffic and standardized public signs installed by a government entity;
(b) Window and merchandise displays, point of purchase advertising displays such as product dispensers,
illuminated displays located inside buildings and barber poles;
(c) National flags, flags of a political subdivision, and symbolic flags of an institution or business;
(d) Legal notices required by law;
(e) Historic site plaques and markers and gravestones;
(f) Noncommercial signs on private property;
(g) Structures with messages or lettering affixed and intended for separate use, such as recycling containers and
phone booths;
(h) Real estate signs;
(i) Signage of any kind affixed to any licensed motorized vehicle;
0) Seasonal displays or decorations, which are clearly incidental and customary and commonly associated with
any national or local event, occasion or holiday or religious or cultural observance;
(k) Murals or signs consisting solely of paint or other colored media that is applied on existing structures;
(1) Portable signs;
(m) Temporary signs.
(5) Prohibited Signs. The following signs are prohibited:
(a) Abandoned signs;
(b) Billboard signs;
(c) Moving signs, excepting signs where the movement is induced entirely by naturally occurring causes, such
as the wind or human power, and also excepting signs that display changing messages, may be allowed
pursuant to subsection (6)(c) of this section;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
I�iTci c. _ , I�rI i ,7 I �ti: 27,'39
(h ,t W I)I i ((WN,UA I S i ,AM k1)'
(d) Off-site signs which advertise a business; except as provided in subsection (6)(m) of this section;
(e) Signs or sign structures which by coloring, shape, working, or location resemble or conflict with traffic -
control signs or devices;
(f) Signs which impede or create a safety hazard for pedestrians or vehicular traffic;
(g) Signs attached to utility poles or traffic signs, except with the permission of the utility or agency;
(h) Signs shall not be placed in the public right-of-way, except for governmental signs, portable signs and
temporary signs as defined in subsection (3) of this section and as further regulated in subsections (6) and (8) of
this section; and
(i) Signs that are not in compliance with this section.
(6) Design Standards. All signs must meet the following standards:
(a) The illumination of signs shall be shaded, shielded, or directed so the light intensity or brightness shall not
adversely affect surrounding properties or public and private rights-of-way or create a hazard or nuisance to the
traveling public, or to surrounding properties.
(b) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist of banners, streamers, or
spinners; or involve flashing, blinking, or alternating lights; provided, that exceptions to this standard are
temporary signs associated with local festivals, fairs, parades, or special events pursuant to subsection (8)(b) of
this section; moving signs where the movement is induced wholly by naturally occurring causes, such as wind
or human power; and changing message signs allowed pursuant to subsection (6)(c) of this section.
(c) Changing message signs are allowed only in rural commercial, rural industrial, urban commercial, and
master planned resort commercial zones and must be directed away from adjacent property zoned residential or
open space, including properties across a public right-of-way; except that changing message signs which are
also governmental signs, as defined elsewhere in this code, are allowed in other zoning designations not listed
here, through a conditional use permit (C) process, if the parcel where the proposed changing message sign
would be built, installed or placed is owned by a municipal corporation or other public entity, and the sign is
placed or installed within 150 feet of the logical outer boundary of a LAMIRD. No changing message sign may
be located closer than 200 feet from adjacent property zoned residential or open space, as measured from the
sign location to the nearest property line of the residential or open space zoned property; provided, that a
changing message sign may be closer than 200 feet to a residential or open space zone with review and
approval through a conditional discretionary use permit process (C(d)) if proposed by a nongovernmental
entity, or with review and approval through a conditional use permit (C) process if proposed by a governmental
entity as described above.
(d) For any uses within any rural commercial, rural industrial, resource, public or UGA land use district, the
total square footage of signs shall not exceed 64 square feet; provided, that any sign size may be increased up to
50 percent larger than the standard size, upon approval of the administrator, based on a finding that the larger
sign size is consistent with the provisions of subsection (1) of this section. Multitenant developments may have
one freestanding sign for each access point, commonly identifying the businesses within multitenant
developments, provided such signs total no more than 64 square feet in aggregate. The maximum aggregate
size for projection signs placed on a building is limited to one percent of the floor areas of the building, except
that each occupant is allowed a sign of at least two square feet. In no case may an individual occupant's sign be
larger than 15 square feet. The size of signs in square footage shall be calculated by the outside dimensions
necessary to frame the information displayed. Any sign projecting beyond six inches from a perpendicular wall
shall be at least eight feet above grade as measured from the ground to the bottom of the sign.
(e) Signs for any use located in any rural residential district shall not exceed 32 square feet of total sign area,
with the exception of government signs, including community signs, which shall not exceed 64 square feet;
provided, that any sign size may be increased up to 50 percent larger than the standard size, upon approval of
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
I',�;c_28, 39
�0f)1A
the administrator, based on a finding that the larger sign size is consistent with the provisions of subsection (1)
of this section.
(f) Uses located in any rural commercial, rural industrial, resource, public or UGA land use districts shall have
no more than two on-site signs, except as allowed in this section for multitenant developments; provided, that
the number of signs may be increased upon approval of the administrator, based on a finding that the increased
number of signs is consistent with provisions of subsection (1) of this section. In no event shall the number of
signs that may be added by the administrator for a particular parcel exceed the lesser of four signs or the least
number of additional signs that would equal or exceed 100 percent of the signs that may be lawfully placed at
that parcel prior to the administrator authorizing for the first time any additional signs. While an applicant may
make more than one request for bonus signs, the maximum number of bonus signs available for authorization at
a particular parcel shall never exceed four in addition to those lawfully allowed before the administrator
authorized any bonus signs at that parcel.
(g) All signs shall be maintained to be structurally sound, so as to not present a public hazard. Pursuant to
subsection (5)(f) of this section, signs that present a public hazard are prohibited and shall be subject to
abatement.
(h) The design of freestanding signs shall include measures to restrict vehicles from passing beneath them. All
freestanding pole signs or projecting signs shall provide pedestrian clearance to a minimum of eight feet, as
measured from the ground to the bottom of the sign, where applicable.
(i) No signs located on property immediately adjacent to bodies of water, other than those related to water
dependent uses, such as a marina, or noncommercial signs on private property, are permitted to face waterward,
excepting governmental signs and signs relating to safety concerns, such as cable -crossing, construction -
dredging, fuel area, etc.
0) No sign shall be placed in a way as to obstruct a driver's vision of motor vehicle traffic, bicyclists or
pedestrians, or traffic signs.
(k) Community signs are permitted at each entrance to the community. Said signs are limited to one per
entrance, and may not exceed 64 square feet in area or eight feet in height as measured from the ground to the
top of the sign. Signs relating to clubs, societies, orders, fraternities and the like shall be permitted as part of the
community sign.
(1) Portable sandwich board signs subject to the following criteria:
(i) No more than two sandwich board signs may be erected per business;
(ii) Sandwich board signs shall not exceed three feet in width and four feet in height, from the ground to
the top of the sign;
(iii) Sandwich board signs shall be displayed during business hours only;
(iv) Sandwich board signs, where located on sidewalks, shall provide a minimum of 36 inches of
continuous horizontal clear space between the sign and any building or the edge of the sidewalk, to
provide for the free passage of pedestrian traffic; and
(v) Sandwich board signs shall have a maximum area per side of 12 square feet.
(m) Off-site signs may only be allowed when they meet all of the following standards:
(i) Are directional in nature as defined in subsection (3)(h) of this section;
(ii) Located on private property along a major or minor arterial;
(iii) Located not less than 600 feet from an intersection;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
iw'ff-'.i i} (,ata i i i•:9.e
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(iv) No larger than 32 square feet for noncommercial signs and not more than six square feet for
commercial signs. Noncommercial signs, except for government signs, are limited to a maximum height
above ground of eight feet, from the ground to the top of the sign; and
(v) Only three off-site directional commercial signs per commercial destination may be allowed; not more
than eight feet tall, as measured from the ground to the top of the sign; not more than six square feet in
sign area, and located not more than 1,320 linear feet from the turn-off to the destination of the sign; and,
if applicable, one sign located at the nearest "T" intersection on the same road to the commercial
destination.
(n) Banner signs shall be no larger than 64 square feet and not placed on utility poles without the permission of
the utility. Banner signs placed over roadways, including the height above the roadway, must have approval of
the appropriate roadway managing agency.
(o) Hand held signs shall not exceed 16 square feet; provided, that the size may be increased up to 50 percent
larger than the standard size, upon approval of the administrator, based on a finding that the larger size is
consistent with provisions of subsection (1) of this section.
(p) Unless otherwise stated in this section, the maximum height in feet above the ground to the top of the sign
for any sign attached to a building on any parcel of land zoned rural commercial, rural industrial, resource,
public or UGA is the sum of the square root of the maximum sign size in square feet for the sign type and the
land use zone as identified in this section, plus the height of the building at the roof base. For example, for a
building 20 feet high to the roof base and an allowable sign size of 32 square feet, the maximum sign height
would be: square root of 32 feet = 5.6 feet + 20 feet = 25.6 feet above ground level.
(q) Unless otherwise stated in this section, the maximum height in feet above the ground for any on-site sign
not attached to a building on any parcel of land zoned rural commercial, rural industrial, resource, or
U"urban commercial is 35 feet from the ground to the top of the sign.
(r) Unless otherwise stated in this section, the maximum height in feet above the ground for any sign in a rural
residential zone is eight feet from the ground to the top of the sign.
(7) Nonconforming Signs. Legally established signs in place prior to the adoption of these standards and not in
conformance with these standards shall be considered legal, nonconforming signs, and may remain as provided
below:
(a) Legal nonconforming off-site signs shall be removed within five years of adoption of an ordinance
establishing a "wayfinding sign" program, which is intended to provide off-site sign locations where businesses
can place signs. Until adoption of a wayfinding sign ordinance, legal nonconforming signs must be continually
maintained, not relocated, and not structurally altered. Nonconforming off-site signs may be replaced by off-
site directional signs as allowed in subsection (6)(m) of this section.
(b) Legal nonconforming on-site signs may remain provided they are continually maintained, not relocated, and
not structurally altered.
(8) Temporary Signs. Temporary signs are exempt from the requirements to obtain a sign permit, subject to the
following standards:
(a) Temporary signs shall be limited in size to 64 square feet; except that temporary signs in the public right-of-
way are subject to size and height limits of subsection (8)(g) of this section and shall not obstruct safe visibility
of any motorist or pedestrian traffic. Temporary signs shall be secured in their location so as to not collapse,
become airborne or otherwise cause a safety hazard. Temporary signs, except for banner signs placed across
roadways, and signs mounted within the public right-of-way, shall not exceed eight feet in height from the
ground to the top of the sign.
(b) Event signs and banners promoting public festivals, community or special events, and grand openings may
be displayed for up to 30 days prior to the event and shall be removed no later than 10 days after the event. The
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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sponsoring entity is responsible for sign removal. Event signs may be located "off site." To ensure consistency
with this section, "event" signs subject to the requirements of Chapter 8.20 JCC shall be reviewed by the
administrator for a "special event permit."
(c) Garage or rummage sale signs may be displayed for up to seven days prior to the event and shall be
removed no later than one day after the event.
(d) Political signs may be displayed upon the date of official filing of a candidate for elective office or upon
certification by the county of a ballot measure, and must be removed not later than 10 days after the final
election for the candidate or ballot measure.
(e) Real estate signs may be displayed upon execution of a formal listing agreement between seller and real
estate agent, or a listing "for sale by owner," and removed within 10 days of either: (1) the date the new owner
or lessee takes possession of the property, or (2) the date of the expiration of the listing, and (3) shall not be
more than 12 square feet in size and not exceed eight feet above existing grade, as measured from the ground to
the top of the sign.
(f) Subdivision Real Estate Sales Signs. Real estate signs advertising the sale of lots or dwelling units located
within an approved subdivision shall be permitted; provided, that there shall be no more than one sign per
subdivision entrance, and each sign shall be no greater than 32 square feet in area and no greater than eight feet
in height, as measured from the ground to the top of the sign. These signs shall be removed within 10 days
following the initial sale of all lots or dwelling units within the subdivision.
(g) Temporary signs and portable signs in the public right-of-way, excepting governmental signs, must not
exceed four square feet in size, not exceed three feet above existing grade to the top of the sign and must
include the name and contact information of the party posting the sign and must be removed by the party who
posted the sign or their agent not later than 10 days after the sign is no longer serving its purpose, including but
not limited to the end of the temporary event, festival, election, or sale. All nongovernmental signs in the public
right-of-way are limited to a maximum of 180 days per calendar year.
(9) Signs along State Highways. All signs along state highways in Jefferson County are also subject to any sign
regulations and permit requirements established by the state of Washington.
(10) Substitution. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly
allowed under this code. [Ord. 1-16 § 1; Ord. 10-14 § 1 (Att. A)]
18.30.160 Archaeological and historic resources.
(1) When an application for a permit is received for an area known to contain archaeological artifacts and data as
identified by appropriate state, federal or tribal agencies, the county shall not take action on the application and shall
inform the applicant thereof, and the applicant shall not initiate any excavation or development activity until the site
has been inspected and a written evaluation is provided by a qualified archaeologist. Significant archaeological data
or artifacts must be recovered before work begins or resumes on a project. No application will be delayed more than
10 working days for such an inspection. If the application is approved by the county, conditions shall be attached
reflecting the recommendations of the archaeologist regarding preservation or protection of the site.
(2) All permits shall contain a special provision advising the permit holder that if during excavation or development
of the site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity of the
find must be halted immediately and the administrator must be notified at once. Activities authorized by the permit
will not be delayed more than five working days for a finding of significance by the administrator, following the
administrator's receipt of notification, unless the permit holder agrees to an extension of that time period.
(3) All development proposed for location adjacent to sites which are listed, or are determined by the appropriate
state or federal authority to be eligible for listing in the state or national registers of historic places, must be located
so as to complement the historic site. Development which degrades or destroys the historical character of such sites
is not permitted.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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(4) Archaeological sites are subject to Chapter 27.44 RCW (Indian Graves and Records) and Chapter 27.53 RCW
(Archaeological Sites and Records) and must comply with Chapter 25-48 WAC (Archaeological Excavation and
Removal Permit). Archaeological excavations are allowed subject to applicable state laws.
(5) Identified historical or archaeological resources must be considered in site planning for public parks, public open
space, and public access and site planning, with access to such areas designed and managed so as to give maximum
protection to the resource. [Ord. 8-06 § 1]
18.30.170 Mining, quarrying and asphalt/concrete batch plant best management practices in critical
aquifer recharge areas.
The following shall be considered minimum development standards necessary only for mineral extraction, quarrying
and asphalt/concrete batch plant operations located in susceptible aquifer recharge areas or special aquifer recharge
protection areas as defined in Article VI -E of Chapter 18.15 JCC. See also the performance and use -specific
standards requirements of JCC 18.20.070 (Asphalt and Concrete Batch Plants) and JCC 18.20.240 (Mineral
Extraction, Mining, Quarrying and Reclamation) for general mining, quarrying and asphalt/concrete batch plant
operations. Asphalt batch plants are prohibited in special aquifer recharge protection areas (JCC 18.15.250(1)(b)).
(1) Best Management Practices.
(a) Concrete and Asphalt Production at Stationary Sites. This activity applies to any activity that mixes raw
materials on-site to produce or enhance concrete or asphalt. It also applies to subsequent activities such as
pouring concrete structures, and making other concrete and asphalt products. Mishandling of raw materials on
concrete production can introduce suspended solids and heavy metals to stormwater runoff and cause pH
increases in receiving waters. In addition, stormwater pollution can result from washing of waste concrete from
trucks, forms, wheelbarrows, buckets, and other equipment in the work area. The loose chunks of aggregate
resulting from washing of equipment can easily reach storm drains, either in the wash water itself or in
stormwater runoff. Asphalt emulsion and chunks of aggregate can easily wash off of equipment used in mixing
and production in a similar manner as concrete. Mobile concrete pouring and asphalt application are covered
under a separate activity in these administrative rules. Concrete production at mining sites is also covered by
this activity.
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods, or practices, are
required if you are engaged in concrete and asphalt mixing and production:
(A) Discharge all process water from production, pouring, and equipment cleaning activities to a sump,
process water treatment or recycling system, or sanitary sewer system.
(B) Contain the production and pouring area to prevent stormwater from entering the area and carrying
pollutants away.
(C) Routine maintenance.
(I) Sweep the production and pouring areas weekly, if it is paved, to collect loose chunks of
aggregate and raw material particles for recycling or proper disposal.
(II) Do not hose down area to a storm drain.
(ii) Additional BMPs. The following BMPs, intended to provide improved pollution control, may be
required of an applicant by the administrator in a manner consistent with Chapter 18.40 JCC:
(A) Use an oil control device in the catch basins to treat stormwater runoff.
(B) Cover the production area with provisions for prevention of stormwater run on.
(C) Pave the mixing, production and/or pouring area(s) with a slope to a central collection area. For
concrete production and pouring activities, a sump drain should not be provided because it would be
quickly clogged with hardened concrete. It may not be wise to segregate the mixing and pouring area
from the curing area because wastewater from curing applications could be collected by a drain. By
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
isC,t�, 32;39
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sloping the pavement to a central location, loose chunks of concrete or asphalt aggregate can be
collected more easily and recycled or disposed of properly.
(b) Storage of Liquid Materials in Stationary Tanks. This section applies to any activity that stores any type of
liquid chemicals, waste oils, solvents, or petroleum products in above -ground storage tanks. Leaking tanks on
these sites can contribute toxic compounds, oils and greases, heavy metals, abnormal pH, and nutrients to
stormwater runoff. In addition, spills may occur during liquid transfer operations to and from the tanks.
This activity does not apply to underground storage tanks or to businesses permitted by the Washington State
Department of Ecology to treat, store, or dispose of dangerous wastes. Storage of reactive, combustible, or
flammable liquids must comply with the fire code requirements and may need to comply with the Washington
State Department of Ecology regulations.
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods or practices are
required if you are engaged in storage of liquid materials in stationary tanks:
(A) Store and contain liquid materials in such a manner that if the tank is ruptured, the contents will
not discharge, flow or be washed into the storm drainage system, surface waters, or groundwater.
OR
(B) If the liquid is oil, gas or other material that separates from and floats on water, install a spill
control device (such as a tee section) in the catch basins that collect runoff from the storage tank area.
(C) Routine Maintenance.
(I) Place drip pans or absorbent materials beneath all mounted taps, and at all potential drip and
spill locations during filling and unloading of tanks. Any collected liquids or soiled absorbent
materials must be reused/recycled or properly disposed.
(II) Store and maintain appropriate spill cleanup materials in a location known to all near the
tank storage area; and ensure that employees are familiar with the site's spill control plan and/or
proper spill cleanup procedures.
(III) Sweep and clean the storage area monthly if it is paved; do not hose down the area to a
storm drain.
(IV) Check tanks (and any containment sumps) daily for leaks and spills. Replace tanks that are
leaking, corroded, or otherwise deteriorating with tanks in good condition. Collect all spilled
liquids and properly dispose of them.
(c) Storage of Any Liquid Material in Portable Containers. This section applies to any activity that stores any
type of liquid chemicals, waste oils, solvents or petroleum products in portable containers (such as drums). This
activity covers permanent storage as well as temporary storage areas at temporary sites. Spills and drips of
these liquids, or overtopping of storage containers, can contribute toxic compounds, oils and greases, heavy
metals, abnormal pH, and nutrients to stormwater runoff.
This section does not apply to businesses that are permitted by the Washington State Department of Ecology to
treat, store, or dispose of dangerous waste. Storage of reactive, combustible, or flammable liquids must comply
with the Washington State Department of Ecology regulations.
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods, or practices, are
required if you are engaged in storage of liquid materials in portable containers:
(A) Place tight -fitting lids on all containers.
(B) Enclose or cover the containers where they are stored. The local fire district must be consulted for
limitations on clearance of roof covers over containers used to store flammable materials.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jx�iiur � ,':u�it� C'cati1C
(C) Raise the containers off the ground by use of pallet or similar method, with provisions for spill
control.
OR
(D) Contain the material in such a manner that if the container leaks or spills, the contents will not
discharge, flow, or be washed into the storm drainage system, surface waters, or groundwater.
3339
(E) Place drip pans or absorbent materials beneath all mounted container taps, and all potential drip
and spill locations during filling and unloading of containers. Any collected liquids or soiled absorbent
materials must be reused/recycled or properly disposed.
(F) Routine Maintenance.
(I) Store and maintain appropriate spill cleanup materials in a location that is known to all
employees near the tank storage areas, and ensure that employees are familiar with the site's
spill control plan and/or proper spill cleanup procedures.
(II) Sweep and clean storage area monthly if it is paved; do not hose down the area to a storm
drain.
(III) Check containers (and any containment sumps) daily for leaks and spills. Replace
containers that are leaking, corroded, or otherwise deteriorating with ones in good condition. If
the liquid chemicals are corrosive, containers made of compatible materials must be used instead
of metal drums. New or secondary containers must be labeled with the product name and
hazards.
(IV) Collect all spilled liquids and properly dispose of them.
(d) Storage of Soil, Sand, Salt and Other Erodible Materials. This section applies to stockpiling erodible raw
materials such as soil, sawdust, gravel, sand and road de-icing salts. It covers permanent sites as well as
temporary construction sites and other temporary locations. Raw material stockpiles can easily erode due to
wind or precipitation and contribute suspended solids, nutrients, heavy metals, and abnormal pH to stormwater
runoff.
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods, or practices, are
required if you are engaged in the storage or stockpiling of erodible material on a normal or temporary
basis:
(A) Site and contain the stockpiles of raw material in such a manner so as to prevent off-site impacts of
surface water runoff, erosion, and sedimentation.
(B) Routine Maintenance.
(I) Sweep paved storage areas monthly for collection and disposal of loose solid materials; do
not hose down the area to a storm drain or conveyance ditch.
(II) Stock cleanup materials, such as brooms, dust pans, and vacuum sweepers (if desired) near
the storage unit.
(ii) Additional BMPs. The following BMPs, intended to provide improved pollution control, may be
required of an applicant by the administrator in a manner consistent with Chapter 18.40 JCC:
(A) A catch basin insert, configured for sediment removal, may remove some of the pollutants in
runoff from this activity. (Catch basin inserts require frequent maintenance to be effective. Carefully
consider this when making your decision.)
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
P. 34,39
(e) Engine Repair and Maintenance. This activity applies to operations that conduct engine repair and
maintenance in vehicles and other equipment. It also applies to mobile vehicle maintenance operations, such as
at construction sites. This common activity can lead to immediate stormwater contamination if it is not done in
a controlled manner. This activity can contaminate stormwater with toxic hydrocarbons, other toxic organic
compounds, oils and greases, abnormal pH, and heavy metals. Related vehicle maintenance activities are
covered under the following activity headings in these administrative rules: "Painting, Finishing, and Coating
of Vehicles, Products and Equipment," "Vehicle Washing and Stream Cleaning," "Fueling Operations, and
Vehicle and Equipment Parking and Storage."
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods, or practices, are
required if you are engaged in engine repair and maintenance:
(A) If temporary work is being conducted outside, use tarp, ground cloth, or drip pans beneath the
vehicle or equipment to capture all spills and drips. The collected drips and spills must be disposed of,
reused, or recycled properly.
(B) If the work is done on a regular basis at a stationary business location, move the activity indoors.
(C) Routine Maintenance.
(I) Employees must be educated on proper handling and disposal of engine fluids.
(II) Store and maintain appropriate spill clean up materials in a location known to all; and ensure
that employees are familiar with the site's spill control plan and/or proper spill cleanup
procedures (reusable cloth rags can be used to clean up small drips and spills instead of
disposables; these can be washed by a permitted industrial laundry; do not clean them at home
or a coin-operated laundry business).
(III) Sweep the maintenance area weekly, if it is not paved, to collect loose particles, and wipe
up all spills with rags and other absorbent material immediately; do not hose down the area to a
storm drain.
(ii) Additional BMPs. The following BMPs, intended to provide improved pollution control, may be
required of an applicant by the administrator in a manner consistent with Chapter 18.40 JCC:
(A) Absorbent material such as pillows or brooms can be used around storm drains or in catch basins
to absorb oil and other substances. A qualified disposal contractor must pick up used absorbent
material containing oil or other engine fluids.
(B) A catch basin insert, configured for oil removal, may remove some of the pollutants in runoff from
this activity. (Catch basin inserts require frequent maintenance to be effective. Carefully consider this
when making your decisions.)
(f) Vehicle Washing and Steam Cleaning. This activity applies to operations that receive shipments of bulk
liquid materials by truck or rail and transfer those liquids into storage tanks or containers or handle the truck or
rail loading of liquid materials from tanks. Spills and drips of these liquids can potentially contribute toxic
organic compounds, oils and greases, nutrients, heavy metals, and abnormal pH to stormwater runoff.
(i) Minimum Requirements. The following BMPs, or equivalent measures, methods, or practices, are
required if you are engaged in vehicle washing and steam cleaning:
(A) It is allowable to rinse down the body of a vehicle, including the bed of a truck, with just water
without doing any washwater control BMPs.
(B) If you wash (with mild detergents) on an area that infiltrates water, such as gravel, grass or loose
soil, it is acceptable to let the washwater infiltrate as long as you only wash the body of the vehicles.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
I'a.<c 35/39
(C) However, if you wash on a paved area and use detergents or other cleaners, or if you wash/rinse
the engine compartment or the underside of the vehicles, you must do one of the following options:
(I) Designate and pave wash area to wash all vehicles in. Discharge wash water from vehicle
cleaning operations to a sanitary sewer, holding tank, or process treatment system or process
through an enclosed recycling system. The local sewer authority may have limits on the types
and amounts of pollutants, such as oil and heavy metals that can be discharged to a sanitary
sewer. Absolutely no untreated wash water can enter storm drains.
CM'
(II) Designate and pave wash area to wash all vehicles in. Use a storm drain cover or other
effective method of preventing all wash and rinse water from entering a storm drain or other
drainage system feature. All runoff from the activity must be collected from proper disposal to a
sanitary sewer. A wet vacuum or pump can be used for this. There are several products
commercially available that enable collection of runoff. This requirement also applies to mobile
vehicle washing services.
OR
(III) Take the vehicles to a commercial car wash or use a mobile washing service that complies
with either of the previous options.
(D) Designated wash area must be well -marked with signs indicated where and how washing must be
done.
(E) Oil changes and other engine maintenance cannot be conducted in the designated washing area.
(g) Optional BMPs. The BMPs listed below are measures that should be considered at all times for improving
pollution control. While these BMPs are not mandatory, applicants are encouraged to incorporate them in their
plan for implementing BMPs, and the administrator may, in a manner that is consistent with Chapter 18.40
JCC, require that an applicant implement one, several or all of the BMPs listed in this section. Implementing
one, some or all of these BMPs may reduce or eliminate the need to implement other more complex or costly
BMPs.
(i) Locate activities as far as possible from surface drainage paths. Locating activities on high ground, far
from drainage paths, ditches, gutters and storm drains allows more time to recognize spills and act to
prevent water contamination.
(ii) Avoid the activity or reduce its occurrence. Often an alternative production process or material
application process can be used to substitute for another, more polluting, process. Ideally, a polluting
activity can be avoided altogether, or its frequency of occurrence reduced. An example is washing vehicles
less often or taking vehicles to commercial car washes or detail shops rather than washing on-site.
(iii) Use less material. Improper disposal of excess material or increased application of materials simply
because excess is available can cause pollution. Purchase only the amount of material that will be needed
for foreseeable use. In most cases you will see cost savings in both purchasing and disposal.
(iv) Use the least toxic materials available. All applications of solid and liquid materials should use the
least toxic products and raw materials available, whether in production; cleaning; pesticide applications; or
other uses.
(v) Create and/or maintain vegetated areas near activity location. Grass and types of vegetation can filter
out many pollutants in stormwater runoff. Vegetated areas should be maintained around areas where
polluting activities occur, especially down slope of activity areas. Routine maintenance will keep
vegetated areas healthy and capable of filtering pollutants.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
C .;i,,: 36139
(vi) Recycle as much as possible. Recycling is always preferable to disposal of unwanted materials.
Leftover paints, finishes, cleaning materials, building materials, etc., may be used by someone else, so
don't throw them away. Contact a neighbor, friend, school, church, community group, theater group, etc.,
to see if your leftover materials can be used. Many empty containers and other common items are
recyclable. Contact the Jefferson County Recycling Center for recycling options.
(vii) Educate others about stormwater pollution prevention. Educate your employees, business associates,
contractors, family, and friends about stormwater pollution control. Encourage others to find solutions to
stormwater pollution problems, and to continue learning about pollution control techniques.
(viii) Implement treatment BMPs. Treatment BMPs are used to remove pollutants from stormwater before
being discharged from a site. These include oil separators and other catch basin inserts that control
pollutants in the piped system and as well as numerous biological systems such as a biofiltration swales,
infiltration, and constructed wetlands. These BMPs may be a preferred option in certain circumstances.
(2) Best Management Practices (BMP) Report Criteria. The following criteria shall apply when preparing a best
management practices (BMP) report:
(a) The report shall be prepared by, or done under the direction of or designed by, a qualified person with
demonstrated expertise in the industry or field as demonstrated by a statement of qualifications.
(b) The report will identify appropriate BMPs and how they will be employed to prevent degradation of
groundwater. Examples of BMPs are found in subsection (1) of this section. All necessary technical data,
drawings, calculations, and other information to describe application of the BMPs must be supplied.
(c) The report shall identify how the applicant will satisfy the requirements of the Dangerous Waste
Regulations, Chapter 173-303 WAC, in the event that hazardous material is released into the ground or
groundwater.
(d) The report shall be reviewed by the department of community development or a consultant hired by the
county, at the applicant's expense, for this review. The county may consult with the Jefferson County health
department, State of Washington Departments of Health or Ecology, independent reviewer, or any parties as it
sees fit. [Ord. 8-06 § 1]
18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas.
The following best management practices (BMPs) are required to meet minimum on-site sewage standards within
both a susceptible aquifer recharge areas ewand a special aquifer recharge protection areas_( -as identified in Article
A.4 h of Chapter 18.4-522 JCCj-; -from the Jefferson County health derakffiefftPubblic Health, when the following
conditions are present:
(1) The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from wastewater in Type IA
and 2A soils (excessively coarse and coarse) with conventional gravity fed on-site sewage systems. To more
adequately protect the groundwater in these areas from contamination by these elements the standards in this section
have been developed utilizing a combination of treatment systems and land use density parameters.
(2) Where land use densities are such that adequate aquifer protection is not ensured, best management practices for
on-site sewage shall apply to new development, or expansion (as defined in WAC 246-27,_`A-00 10' ? 01001) of
existing development when an on-site sewage disposal system is installed.
(a) Tables 1 and 2 shall be used to determine the type of on-site sewage disposal system required and the
minimum lot size in different soil types where public water is available. Lot size requirements are taken from
the Washington State On -Site Sewage Code, Chapter 246- _ 'A WAC, Table XVII. Soil textural
classifications and minimum standards for methods of effluent distribution for soil types and depths are taken
from Chapter 246-' A-_1 1% WAC, Tables VU and VI, respectively.
(b) In critical aquifer recharge areas, no on-site sewage permit will be issued where public water systems are
not available on lots less than one acre, except as permitted in subsection (2)(c) of this section.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
t` ��_.�_ 37s39
(c) When lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is
impracticable, an approved composting toilet and greywater treatment system may be permitted. Permits for
composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend
composting facility or other approved site. On-site use or disposal of the toilet -generated compost shall not be
allowed.
(d) BMPs shall be updated as new technologies are reviewed and approved by Jefferson Countyow) IIC
_ +j! e+rtzcl<�}iti+r*+++�+ 44a1 ,tel health and/or Washington State Department of Health. Criteria for
review of new or existing systems will include, but not be limited to adequate laboratory evidence provided by
the system proprietor of a minimum of 50 percent total nitrogen reduction prior to final disposal. Currently,
acceptable BMPs include:
(i) Intermittent sand filter followed by a shallow pressure distribution system (also meets Treatment
St-aiidard 2Level B);
(ii) Recirculating gravel filter;
(iii) Composting and incinerating toilets — if these are used, greywater from the facility shall be treated by
the method normally required by the site and soil conditions required under Chapter 246-17'A' WAC.
For example: Type IA soils require Treatment Level B maunder Chapter 246-.-'-, _1A=`,7-2 WAC.
Only composting or incinerating toilets_on the List of Registered On-site Treatment and Distribution
Productslisted : by the Washington Department of Health may be
permitted.
0v) Treatment Units listed in Washington State Department of Health Registered Products meet] n
Treatment Level N.
(e) Systems that meet Treatment 84ff+4&F4-2Level A and B and N are listed and approved by the Washington
State Department of Health and are available in the List of Registered On-site Treatment and Distribution
Products4Only those systems that meet
Treatment Levels specified in 246-272A WAC Staii M 2 and -meet Treatment Level N or are listed as nitrogen
reduction BMPs (in subsection (2)(c) of this section) meet the standard for critical aquifer recharge area
requirements in Type IA soils.
(f) Where a question/disagreement regarding the soil texture exists the following procedure shall be used:
(i) Sample will be taken in the presence of Jefferson County health+lepafimewPublic Health staff.
(ii) Chain of custody protocol shall be followed.
(iii) Lab reports shall be sent to Jefferson County hem i1 it E n ,_itc I Ht,�* i+i,+i4i J+ealth division and the
applicant, or applicant's representative, for review.
Table 1
On -Site Sewage System Requirements for Sites Using Public Water Sources and Having Three Feet Vertical
Separation in Critical Aquifer Recharge Areas
1
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in JCC 18.30.180(2)(d} or
Treatment Level N in 246-272A WAC )
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Soil Type (as defined in Table V14 of Chapter 246-772A272 WAC)
Minimum
Lot Size'
1A
419
2A
311
3
4
5
6
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
iti t'axtrt
--------
1 11 `3 i t t ti N N 1 t OJ f 11ti1)S
P',tea 38,39
>1.0 ac
Treatment
Goiwenkana!
Pressure
Conventional
Conventional
Conventional
Conventional
Conventional
'sta�datd
E rrwlky
Distribution
EifaV45
Gravity
Gravity
Gravity
Gravity
5
21-evel A or
>1.0 ac
Treatment
jlfes,ufe
Pressure
llre� sxre
Pressure
Pressure
Pressure
13
Level A or B
13i!aribuOa3
Distribution
T"_"-, T,... H
Distribution
Distribution
22,000
Treatment
N04 --BMP
NO3 BMP
NrE-7_ BW
Shallow
Shallow
Shallow
Shallow
sq. ft.
StaRtlafEl 2
Shallow
sq. ft.
I..evel A or B
Pressure
Pressure
Pressure
Pressure
Pressure
Level A or 13
Pressure
tar;d1trd�
Distribution
Distribution
Distribution
Distribution
that is also
Distribution
Distribution
that is also
listed as NO3
listed as NO3
BMP
BMP
0.5 ac
Treatment
N(34-f3M13
NO3 BMP
N0440411
Shallow
Shallow
Shallow
Shallow
(21,780 sq.
Sikwdard
(21,780 sq.
Level A or B
Pressure
Pressure
Pressure
Pressure
ft.)
?l..evel A or
St "
ft.)
Distribution
Distribution
Distribution
Distribution
Distribution
B that is also
that is also
listed as NO3
BMP
20,000
NO3 BMP
NO; "Nil
Shallow
Shallow
Shallow
sq. ft.
Pressure
Pressure
Pressure
Distribution
Distribution
Distribution
18,000
NO3 BMP
NA443p4121
Shallow
Shallow
sq. ft.
Pressure
Pressure
Distribution
Distribution
15,000
NO3 BMP
N0;404P-
Shallow
sq. ft.
Pressure
Distribution
12,500
NO3 BMP
NLS:-IAVI
sq. ft.
AAs defined in Article VI I -I 11 of Chapter i S 15 I ;t, "2 JCC.
'-Per unit volume of sewage (450 gallons per day), WAC 246 ,A 0010' � 2-(4W4.
Table 2
On -Site Sewage System Requirements for Sites Using Public Water Sources and Having Two Feet But Less
Than Three Feet of Vertical Separation, for Development in Critical Aquifer Recharge Areas
3
Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in JCC 18.20.180(2)(d,Lj or
Treatment Level N in 246-272A WAC.7?
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Soil Type (as defined in Table II of Chapter 246-272 WAC)
Minimum
Lot Size°
1A
d -B
2A
3Il
3
4
5
6
>1.0 ac
Treatment
jlfes,ufe
Pressure
llre� sxre
Pressure
Pressure
Pressure
Pressure
Level A or B
13i!aribuOa3
Distribution
T"_"-, T,... H
Distribution
Distribution
Distribution
Distribution
,Stekdard 2
22,000
Treatment
N( 444MP
NO3 BMP
N04434421
Shallow
Shallow
Shallow
Shallow
sq. ft.
I..evel A or B
Pressure
Pressure
Pressure
Pressure
tar;d1trd�
Distribution
Distribution
Distribution
Distribution
that is also
listed as NO3
BMP
0.5 ac
Treatment
NO;4imp
NO3 BMP
NL 44WR
Shallow
Shallow
Shallow
(21,780 sq.
Level A or B
Pressure
Pressure
Pressure
St "
ft.)
Distribution
Distribution
Distribution
that is also
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
E v 39;39
3 A defined in Article l 1-1- 111 of Chapter 4 i 1 I i _'.' JCC.
'Per unit volume of sewage (450 gallons per day), WAC 246-,'-, -'A-00 102: 3 0100+.
[Ord. 8-06 § 11
18.30.190 Noise.
Subject to any noise mitigation requirements in the State Environmental Policy Act, Chapter 43,21C related to noise
abatement, noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they esixt
now or may be amended in the future. The al'semnd emallod by any eammefvial of industrial aetiviiy `;hall
fiat exeeed levels established by the WashingtoR State Depat4mefit of Eealagy under Chaptef: 173 60 WAC, and by
jeff-er,;oti Count), under Resolution NE). 67 95, "Estahlishfflent R -f Unvi ro n mental Designations for Neisie Abatet:ReRt
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
listed as NO3
BMP
20,000
NO3 BMP
AJF3a-a MV
Shallow
Shallow
sq. ft.
Pressure
Pressure
Distribution
Distribution
18,000
NO3 BMP
N04-#A4P
Shallow
Shallow
sq. ft.
Pressure
Pressure
Distribution
Distribution
15,000
NO3 BMP
N(41 BW
Shallow
sq. ft.
Pressure
Distribution
12,500
NO3 BMP
N,()4-PM4?
sq. ft.
3 A defined in Article l 1-1- 111 of Chapter 4 i 1 I i _'.' JCC.
'Per unit volume of sewage (450 gallons per day), WAC 246-,'-, -'A-00 102: 3 0100+.
[Ord. 8-06 § 11
18.30.190 Noise.
Subject to any noise mitigation requirements in the State Environmental Policy Act, Chapter 43,21C related to noise
abatement, noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they esixt
now or may be amended in the future. The al'semnd emallod by any eammefvial of industrial aetiviiy `;hall
fiat exeeed levels established by the WashingtoR State Depat4mefit of Eealagy under Chaptef: 173 60 WAC, and by
jeff-er,;oti Count), under Resolution NE). 67 95, "Estahlishfflent R -f Unvi ro n mental Designations for Neisie Abatet:ReRt
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Sections:
18.35.010
General authority.
18.35.020
Purpose.
18.35.030
Applicability.
18.35.040
Exemptions.
18.35.050
Violations — Penalties.
Chapter 18.35
LAND DIVISIONS
Article I. General Provisions
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
18.35.070 Application submittal and contents.
18.35.080 Review process and criteria.
Article III. Short Subdivisions
18.35.090 Scope.
18.35.100 Application submittal and contents.
18.35.110 Preliminary short plat preparation.
18.35.120 Preliminary short plat contents.
18.35.130 Short plat approval criteria.
18.35.140 Short plat review process.
18.35.150 Modifications to an approved preliminary short plat.
18.35.160 Surety.
18.35.170 Director of the department of public works certificate of improvements.
18.35.180 Final short plat requirements.
18.35.190 Accompanying documents — Final short plat.
18.35.200 Final short plat approval.
18.35.210 Time limitation on final short plat submittal.
18.35.220 Effect of an approved final short plat — Valid land use.
18.35.230 Distribution of copies and filing of final short plat.
18.35.240 Transfer of ownership following short plat approval.
18.35.250 Building and occupancy permits — Issuance after final short plat approval.
18.35.260 Accumulative short plats.
Article IV. Long Subdivisions
18.35.270 Scope.
18.35.280 Application submittal and contents.
18.35.290 Preliminary plat — Preparation.
18.35.300 Preliminary plat — Contents.
18.35.310 Approval criteria.
18.35.320 Preliminary long plat review process.
18.35.330 Preliminary plat approval — Phased development.
18.35.340 Modifications to an approved preliminary plat.
18.35.350 Surety.
18.35.360 Director of public works certificate of improvements.
18.35.370 Preparation of a final long plat.
18.35.380 Accompanying documents — Final long plat.
18.35.390 Final long plat application.
18.35.400 Time limitation on final long plat submittal.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Page 1/32
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Page 2/32
18.35.410 Effect of an approved final long plat — Valid land use.
18.35.420 Distribution of copies and filing of final long plat.
18.35.430 Transfer of ownership following final long plat approval.
18.35.440 Building and occupancy permits — Issuance after final long plat approval.
Article V. Binding Site Plans
18.35.450 Purpose.
18.35.460 Scope.
18.35.470 Condominiums.
18.35.480 Application submittal and contents.
18.35.490 Binding site plan approval criteria.
18.35.500 Binding site plan review process.
18.35.510 Binding site plan development standards.
18.35.520 Modifications and vacations.
18.35.530 Distribution of copies and filing.
18.35.540 Time limit.
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC adoption.
18.35.560 Effect of final binding site plan approval.
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
18.35.580 Transportation and drainage standards.
18.35.590 Responsibility for road improvements.
18.35.600 Health standards.
18.35.610 Fire and utility standards.
18.35.620 Plan review, inspection and fees.
18.35.630 Release of improvement guarantee.
18.35.640 Floods and flood control.
18.35.650 Additional requirements.
18.35.660 Phased subdivision.
Article VII. Plat Alteration
18.35.670 Purpose.
18.35.680 Application submittal and contents.
18.35.690 Review process and criteria.
MC10 1 111. ['41 a!-' 1 Inc lLr cille 113
IN
'IJ !III 11( allil;.
Ji
Article I. General Provisions
18.35.010 General authority.
This chapter of the Jefferson County Unified Development Code is adopted under the authority of Chapter 58.17
RCW. [Ord. 8-06 § 11
18.35.020 Purpose.
The purpose of this chapter is to regulate the division of land lying within Jefferson County, and to promote the
public health, safety, and general welfare in accordance with the standards established by the state of Washington
and Jefferson County, and to:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(1) Prevent the overcrowding of land;
Page 3/32
(2) Lessen congestion and promote safe and convenient travel by the public on sidewalks, pathways, streets and
highways;
(3) Promote the efficient use of land;
(4) Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools, parks, recreational
areas, fire protection and other capital requirements;
(5) Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate legal description;
(6) Facilitate the expeditious processing of development applications through the adoption of clear, predictable and
uniformly applied land division regulations; and
(7) Implement the goals, policies and substantive requirements of the Washington State Growth Management Act
(Chapter 36.70A RCW) and the Jefferson County Comprehensive Plan. [Ord. 8-06 § 1]
18.35.030 Applicability.
(1) This chapter applies to the division of land into four parcels for short subdivisions and of five or more parcels for
long subdivisions. This chapter further applies to boundary line adjustments and binding site plan review and
regulation.
(2) Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions
set forth in this chapter.
(3) The process for resubdivision, alteration and vacation of any existing subdivision is identical to the process for
initial subdivision. All such subdivision applications shall conform with the applicable sections in this chapter
governing the subdivision of property into lots, tracts or parcels. All proposed plat vacations shall comply with the
requirements and criteria set forth in RCW 58.17.212, as now adopted or hereafter amended.
(4) Where this chapter imposes greater restrictions or higher standards upon the development of land than other
provisions of this code, laws, ordinances or restrictive covenants, the provisions of this chapter shall prevail.
(5) Pursuant to Chapters 79.125 and 58.17 RCW, tidelands may not be altered in any fashion under this section.
Tideland acreage may not be included or given other consideration in any land division, plat alteration, or boundary
line adjustment. The authority to alter platted tidelands lies with the department of natural resources. [Ord. 8-06 § 1 ]
18.35.040 Exemptions.
This chapter does not apply to the following:
(1) Divisions of land into lots, tracts or parcels each one of which is one -sixteenth of a section of land or larger, or
40 acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for
purposes of computing the size of a lot that borders on a street or road, the lot size shall be expanded to include that
area that would be bounded by the center line of the street or road and the side lot lines of the lot running
perpendicular to such center line; and provided further, that within the commercial forest district (i.e., CF -80), each
lot, tract or parcel shall be at least 80 acres in size;
(2) Cemeteries and burial plots while used for that purpose;
(3) Divisions of land made by testamentary provisions or the laws of descent; provided, that this exemption shall not
be construed to permit inter vivos transfers, and provided further, that any structure or use on the property must
comply with all other applicable county regulations; and
(4) Divisions of land relating to the acquisition of a fee simple interest in land by public agencies, including, but not
limited to, divisions made for road or public right-of-way conveyance or widening purposes. This exemption shall
not be construed to include acquisitions of easements. [Ord. 8-06 § 11
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 4/32
Chapter 18.35 LAND DIVISIONS
18.35.050 Violations — Penalties.
(1) Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any person, firm,
corporation or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to
compliance with this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and
imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of
land in violation of any provision of this chapter is deemed a separate and distinct offense. If performance of an
offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of
a short plat or long plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat
containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this
chapter. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited
in an escrow account and no disbursements to sellers are permitted until the final plat is recorded. This prohibition
of property transfers prior to compliance with this chapter shall apply equally to transfers prior to completion of
short subdivisions, long subdivisions and binding site plans.
(2) Chapter 18.50 JCC Applicable. In addition to the penalties provided in this section, all violations of any
provision of this chapter or any incorporated standards, or conditions of any permit issued hereunder, are subject to
the provisions of Chapter 18.50 JCC. The administrator is authorized to enforce the provisions of this chapter in
accordance with Chapter 18.50 JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long subdivision, or binding site
plan fails and refuses to install required improvements in the time required by any preliminary or final approval, the
county may withhold further building or other development permits, make demand against any bonds, collect
monies deposited in escrow to secure installation of improvements, initiate a local improvement district, or take such
other action as may be necessary to cause the improvements to be made. [Ord. 8-06 § 1]
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and approval
of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or both in order to:
(a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a buildable lot or for
any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c) Achieve increased setbacks from property lines or envirann entally sensi i*e( ritical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter
332-130 WAC.
(2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or division as defined
in Chapter 18.10 JCC;
(b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a buildable lot as
defined in Chapter 18.10 JCC;
(c) Relocate an entire lot, tract or parcel from one parent parcel into another parent parcel;
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(d) An adjustment that crosses zoning district boundaries. Adjustments may be allowed across different rural
residential densities;
(e) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat; or
circumvent the short subdivision or long subdivision procedures set forth in this chapter;
(f) Separate an accessory dwelling unit from the primary use of the property.
(3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of creating a single
lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be considered a minor adjustment
of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot
consolidations shall not require a survey or soil evaluation.
(4) Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single
site and no lot lines on the site may be altered by a boundary line adjustment to separate lots to another property not
included in the original site plan of the subject development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines
to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil
evaluation and may be allowed regardless of the size of the resultant parcels.
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment
process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the
exception of lot consolidations, testamentary divisions, civil cases, court orders, rectifying legal defects, or the
adjustment of one line between two or more property owners for the purpose of settling a dispute. [Ord. 8-06 § 11
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the following:
(1) Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department
of community development and shall be submitted to the department of community development, along with the
appropriate fees established under the Jefferson County fee ordinance.
(a) A single application may be submitted for multiple BI -As for adjacent parcels, lots, tracts or sites within a
binding site plan. However, standard application fee(s) shall apply to each BLA after the first two per
additional parcel, lot, tract or site.
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the number of resulting
parcels or lots;
(2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
(3) Three copies of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken lines;
(c) The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels
and the distance between each such structure/improvement and the proposed boundary lines, with structures
proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted
with solid lines;
(d) A north arrow indication and scale;
(e) All assessor's tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
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(g) The location and dimensions of any easements within or adjacent to any affected lots, tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads,
whether public or private, and other public ways within or adjacent to the affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
0) The existing on-site sewage system components and reserve areas and the proposed location for on-site
sewage systems and soil test pits for all affected lots that are not currently served by an on-site sewage system
or other approved wastewater treatment system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(1) The approximate location and extent of any
b4 -critical areas identified in Chapter 19.1-5 18.22 JCC, e!u4ing aRy flood ha -Ard Affeas 15,ifig widiifi ' -1
existing or revised pffeel . The following notice will be recorded on the drawing when the parcels
that are part of the boundary line adjustment include, or are adjacent to, environmemal
acritical areas:
Notice to Public: Current Jefferson County geographic information systems (GIS) maps
identify the presence of a critical area such as
stream, wetland, flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife
habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this
Boundary Line Adjustment. Prior to any land disturbing activity or construction activity,
applicant/owner shall contact the Jefferson County department of community development
regarding compliance for such E,944critical areas. Approval of this Boundary Line
Adjustment does not guarantee a buildable site within said parcel(s). Such determination is
dependent on approvals of water, septic, bulk and dimensional setbacks, and €&A -critical area
requirements.
(4) The original legal description of the entire property together with new separate legal descriptions for each lot,
tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel A, revised parcel B, etc.
The drawing shall be attached to or include on the face a formal legal declaration of the boundary line adjustment,
signed and notarized by all legal owners of the subject properties. In cases where the property has not been
surveyed, the following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request for a
Boundary Line Adjustment (BLA) has been approved. Since no survey was submitted as part
of your BLA application, the County accepts no liability for what facts a survey might have
revealed. A survey might have revealed that a structure or improvement believed to be on the
applicant's property is, in fact, located wholly or partially upon someone else's property or
upon property that is not the subject of this BLA. But in the absence of a survey, the applicant
bears sole responsibility if such a problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned rural residential
development (PRRD) agreements pertaining to or affecting the property; and
(6) If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or
municipal sewer system), the applicant shall provide written verification from the Jefferson County department of
environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are
adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the
drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel
that does not contain a dwelling. An applicant may choose to apply for a site plan approval advance determination
(SPAAD) to fulfill this requirement. In cases where the requirement to provide written verification that the resultant
lots can accommodate on-site sewage system from the Jefferson County department of environmental health has
been waived, the following notice shall be recorded on the drawing:
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Chapter 18.35 LAND DIVISIONS
Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a buildable
site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk
and dimensional setbacks, and ESA requirements.
This requirement shall be waived for resultant parcels that:
(a) Are larger than 2.5 acres;
(b) Have existing residential structures; or
(c) Have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation
easements, restrictive covenant, or similar legal arrangement. The open space tax program shall not be used to
fulfill this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company certification of the
following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security interest (such as deeds or
trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or
corporations shall sign and approve the final survey prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the
dedication certificate;
(d) Any easements or restrictions affecting the properties to be adjusted 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 subdivision, an American Land Title
Association (A.L.T.A.) policy may be required by the director of the department of public works. [Ord. 8-06 §
t]
18.35.080 Review process and criteria.
(1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County assessor.
(2) Based on any comments solicited and received from the department of public works, the department of
environmental health or other applicable departments and agencies, the administrator shall approve the proposed
boundary line adjustment only upon finding that the adjustment would not:
(a) Create any additional lot, tract, parcel, site within a binding site plan or division or relocate any lot, tract,
parcel, or site within a binding site plan or division to another parent parcel;
(b) Result in a lot, tract, parcel, site within a binding site plan or division that contains increased density or
insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in Chapter
18.15 JCC and state and local health codes and regulations;
(c) Diminish or impair drainage, water supply, existing sewage disposal, and access or easement for vehicles or
pedestrians, utilities, and fire protection for any lot, tract, parcel, site (i.e., within an approved binding site
plan), or division;
(d) Diminish or impair any public or private utility easement or deprive any parcel of access or utilities;
(e) Diminish or impair the functions and values of critical areas designated under
^bele 3A T, of Chapter 18.4-522 JCC, or create an unsafe or hazardous environmental condition;
(f) Create unreasonably restrictive or hazardous access to the property;
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Chapter 18.35 LAND DIVISIONS
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(g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an existing lot, tract or
parcel relative to Chapter 18.15 JCC;
(h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the conditions of approval for
any short or long subdivision; or
(i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an adjustment across
rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be prepared by a licensed land
surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land
surveyor's certificate and a recording certificate. The final page of the record of survey document shall contain the
following signature blocks:
(a) The Jefferson County assessor's office, to be signed by the Jefferson County assessor or his/her designee;
and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file
number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE
ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY
ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND
DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING
PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE
BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR
DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET
MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA
FOR A BUILDING SITE.
(5) Pursuant to RCW °64584.56.345, current year and any delinquent taxes shall be paid before approval of
any boundary line adjustment.
(6) Applications for boundary line adjustments shall be processed according to the procedures for Type I land use
decisions established in Chapter 18.40 JCC. [Ord. 8-06 § I]
Article III. Short Subdivisions
18.35.090 Scope.
Any land being divided into four or fewer lots, tracts or parcels that has not been divided through a short subdivision
within the previous five years shall meet the requirements of this article. Land within an approved short subdivision
may not be further divided in any manner within a period of five years without the filing of a long plat. However,
when a short plat contains fewer than four parcels, the owner of the short plat may file an alteration within the five-
year period to create up to four lots within the boundaries of the original short plat; provided, that the parcel is not
held in common ownership with a contiguous parcel which has been subdivided within the preceding five years.
[Ord. 8-06 § 11
18.35.100 Application submittal and contents.
To be considered complete, applications for short subdivisions shall include the following information:
(1) Applications for short subdivisions shall be made on forms provided by the Jefferson County department of
community development and shall be submitted to the department of community development, along with the
appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
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Chapter 18.35 LAND DIVISIONS
(3) A sworn certification by the applicant verifying whether the applicant has any interest in any land adjacent to any
portion of the subject property; such interest in land may be by reason of ownership, contract for purchase by an
agreement or option by any person, family member, firm or corporation in any manner connected with the applicant
or the development;
(4) The dimensions and area of each proposed lot, tract or parcel to accurately show that each lot, tract or parcel
contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC; provided, that the area of land
contained in access easements, access panhandles or pipestem configurations shall not be included in the area
computations;
(5) Five paper copies of a preliminary short plat meeting the standards of JCC 18.35.110 and 18.35.120;
(6) Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in accordance with
the requirements of Article VI -K of Chapter 18.15 JCC;
(7) A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter 18.30 JCC,
including any soil test information that may be deemed necessary by the director of the department of public works;
(8) The estimated quantities of any fill to be expected from the site and imported to the site; and
(9) Documentation of water availability and adequacy for each parcel affected sufficient to meet the requirements of
JCC 18.30.030. [Ord. 8-06 § 11
18.35.110 Preliminary short plat preparation.
The preliminary short plat shall be prepared in accordance with the following requirements:
(1) The preliminary short plat shall be prepared by a Washington State licensed engineer or land surveyor registered
or licensed by the state of Washington. The preparer shall certify on the short plat that it is a true and correct
representation of the land actually surveyed. The preparation of the plat shall comply with the Survey Recording
Act, Chapter 58.09 RCW and Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the
property, the surveyor shall place temporary stakes on the property to enable the county to locate and assess features
of the short plat in the field. The datum to be used for all surveying and mapping shall be as follows: The projection
name is the state plane; the projection spheroid is GRS 1980; the coordinate system is Washington State Plane North
Zone; and the horizontal datum is NAD 83.
(2) All geographic information portrayed by the preliminary short plat shall be accurate, legible and drawn to a
horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical roadway cross-sections
may be drawn to any other appropriate scale.
(3) A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders, and if more than one
sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and
orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the
applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one
sheet is required, an index sheet showing the entire subdivision with road and highway names and block numbers (if
any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size.
(4) The area of each proposed lot, tract or parcel on the short plat map shall accurately show that each lot, tract or
parcel contains sufficient area to satisfy minimum zoning requirements. The area of land contained in access
easements, access panhandles or pipestem configurations shall not be included in the area computations. [Ord. 8-06
§11
18.35.120 Preliminary short plat contents.
(1) A preliminary short plat shall be submitted on one or more sheets and shall provide the information described
below. All specifications for required improvements shall conform to the development standards contained in
Chapter 18.30 JCC.
(a) The name of the proposed subdivisions together with the words "Preliminary Short Plat"
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Chapter 18.35 LAND DIVISIONS
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional land surveyor who
prepared the preliminary plat;
(d) Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access to the site for
clearing and grading during site development or construction; and
(f) A form for the endorsement of the administrator, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the
Proposed subdivision with respect to surrounding property, roads, and other major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary short plat shall contain the following existing
geographic features, drawn lightly in relation to proposed geographic features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the
same ownership as the land to be subdivided, to be indicated by bold lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines for lots of record which
are to be vacated, and all existing property lines for any property adjacent to the subject property which is
under the same ownership as the property to be subdivided (as described in JCC 18.35.110(3)) shall be shown
in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or platted roads, whether
public or private, and other public ways within 200 feet of the property to be divided;
(e) The location, widths and purposes of any existing easements lying within or adjacent to the proposed
subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater management facilities lying
within or adjacent to the proposed subdivision or those that will be connected to the subdivision as part of the
proposal (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants lying within or adjacent
to the proposed subdivision or those which will be connected to as part of the proposed subdivision (if
applicable);
(h) The location, size and description of any other underground and overhead facilities lying within or adjacent
to the proposed subdivision (if applicable);
(i) The location of any e "• as desefibea :H n., &le yr r, ^ critical areas as described
in -Chapter 18.4-5--22 JCC, : ,.ludi.,g all fl,.odplains lyiH,. Within o .,djaee do . A subdivision;
0) The location of existing sections and municipal corporation boundary lines lying within or adjacent to the
proposed subdivision;
(k) The location of any well and associated setbacks existing within the proposed subdivision;
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(1) The location of any individual or on-site sewage disposal system existing within the proposed subdivision;
(m) Existing contour lines at intervals of five feet, labeled at intervals not to exceed 20 feet;
(n) The location of any existing structures lying within the proposed subdivision; existing structures to be
removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by
solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of any proposed lots, tracts or parcels, the area and dimensions of each
proposed lot, tract or parcel, and the proposed identifying number or letter to be assigned to each lot, tract or
parcel, and block (if applicable);
(b) The right-of-way location and width, the proposed name of each road, street or other public way to be
created and the estimated tentative grades of such roads; where roadways may exceed the maximum allowable
grade or alignment, the director of the department of public works may require sufficient data, including
centerline profiles and cross-sections, if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement to be created;
(d) The boundaries, dimensions and area of public and common park and open space areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the purpose and any
condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be indicated by solid lines;
contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelope, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water system improvements,
including fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if applicable) profiles
and all pump stations and their connections to the existing system;
(k) Proposed location and description of all stormwater management improvements;
(1) Proposed road cross-sections, showing bicycle and pedestrian pathways, trails and sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if applicable).
(5) Upon review of an application, the administrator may require additional pertinent information, as deemed
necessary, to satisfy any other regulatory requirements. The administrator may also waive specific submittal
requirements determined to be unnecessary for review of an application. In such event, the administrator shall
document the waiver in the project file or log. [Ord. 8-06 § 11
18.35.130 Short plat approval criteria.
In addition to the review criteria provided in Chapter 18.40 JCC, the following criteria are the minimum measures
by which each proposed short subdivision will be considered:
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Chapter 18.35 LAND DIVISIONS
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(1) Short subdivisions shall be given preliminary approval, including preliminary approval subject to conditions,
upon finding by the administrator that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning, land use,
environmental and health regulations and plans, including but not limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed subdivision shall be made
available, including open spaces, drainage ways, roads, streets and other public ways, potable water, transit
facilities, sewage disposal, parks, playgrounds, schools, sidewalks and other improvements to assure safe
walking conditions for students who walk to and from school;
(c) Approving the proposed short subdivision will serve the public use and interest and adequate provision has
been made for the public health, safety and general welfare.
(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 subdivision may be denied because of flood,
inundation or swamp conditions. Where any portion of the proposed short subdivision lies within both a flood
control zone, as specified by Chapter 86.16 RCW, and either the 100 -year floodplain or the regulatory floodway, the
county shall not approve the preliminary short plat unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible alternative exists to
locating lots and building envelopes within the 100 -year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI -F of Chapter 18.15 JCC and any
written recommendations of the Washington State Department of Ecology. In such cases, the county shall issue
no development permit associated with the proposed short subdivision until flood control problems have been
resolved. [Ord. 8-06 § 1 ]
18.35.140 Short plat review process.
(1) An application for a short subdivision shall be processed according to the procedures for Type II land use
decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the chief of the fire
district in which the proposal is located, local utility providers, sheriff, building official, school district in which the
proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction,
Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local,
state or federal officials as may be necessary.
(3) Based on comments from county departments, applicable agencies and other information, the administrator shall
review the proposal subject to the criteria contained in JCC 18.35.130. A proposed short plat shall only be approved
when consistent with all the provisions of JCC 18.35.130.
(4) An applicant for a short subdivision may request that certain requirements established or referenced by this
chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 18.40
JCC, and shall satisfy the criteria contained in Article IV of Chapter 18.40 JCC, Variances.
(5) Pursuant to RCW 96.56584.56.345, current year and any delinquent taxes must be paid before the approval of
a short subdivision. [Ord. 8-06 § 11
18.35.150 Modifications to an approved preliminary short plat.
(1) Minor modifications to a previously approved preliminary short plat may be requested by the applicant and
approved by the administrator subject to the provisions for Type I decisions in Chapter 18.40 JCC; provided, that the
modification does not involve any of the following:
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Chapter 18.35 LAND DIVISIONS
(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 buildable lot 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) The modification will not be inconsistent or cause the short subdivision to be inconsistent with the decision
of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application approval; and
(c) The modification will not cause the short subdivision to violate any applicable county policy or regulation.
(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 preliminary short plat application. [Ord. 8-06 § 1 ]
18.35.160 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of subdivision improvements
within one year of final plat approval. The surety shall be for 200 percent of the cost of construction of those
improvements estimated by a licensed engineer. Surety shall be in a form acceptable to Jefferson County. In the
event that the applicant does not complete construction within one year, Jefferson County shall be authorized to
complete the construction and pay for the work from the surety account. Surety shall not be accepted for developing
potable water sources. Surety may only be released only after inspection by Jefferson County. [Ord. 8-06 § 1]
18.35.170 Director of the department of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be issued by the county until
the improvement method report, all construction drawings, proposed performance guarantees, and other submittals
in conformance with the development standards contained in Chapter 18.30 JCC and any incorporated standards
have been received and approved by the director of the department of public works. All construction of
improvements shall be inspected and approved in conformance with the development standards contained in Chapter
18.30 JCC and any incorporated standards. After completion of all required improvements or the guarantee of the
construction of all required improvements, the director of the department of public works shall submit a certificate
in triplicate to the administrator stating the required improvements or guarantees are in accordance with the
provisions of this chapter, the preliminary short plat, including the county's decision approving the short plat, and in
accordance with the development standards contained in Chapter 18.30 JCC and any incorporated standards. The
administrator shall transmit one copy of the certification to the subdivider, together with a notice advising the
subdivider to prepare a final plat for the proposed short subdivision. The administrator shall retain one copy of the
certificate. [Ord. 8-06 § 1]
18.35.180 Final short plat requirements.
The applicant must submit a reproducible copy, plus five paper copies of the proposed final short plat to the
administrator. The reproducible copy of the approved final short plat will contain the elements as described in JCC
18.35.120 and shall include certifications and other requirements as provided in JCC 18.35.370 for long plats. [Ord.
8-06 § 1 ]
18.35.190 Accompanying documents — Final short plat.
(1) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a subdivision, a type
written copy of such covenants, bearing all necessary signatures, shall be submitted along with the final plat. Where
the recordation of specific deed restrictions or CC&R provisions have been required as a condition of preliminary
plat approval, the administrator shall approve and sign the deed restriction or CC&Rs prior to final plat approval.
(2) The final plat shall be accompanied by a current (i.e., within 30 days) title company certification of the
following:
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Chapter 18.35 LAND DIVISIONS
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security interest (such as deeds or
trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or
corporations shall sign and approve the final plat prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the
dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a description of purpose and
referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title
Association (A.L.T.A.) policy may be required by the director of the department of public works.
(3) All maintenance, performance and guarantee bonds or other guarantees as may be required by the director of the
department of public works and the approved improvement method report to guarantee the acceptability and/or
performance of all required improvements. [Ord. 8-06 § 1]
18.35.200 Final short plat approval.
The final short plat shall be approved by the administrator upon satisfaction of all conditions of approval and all
requirements as provided in this article and Article VI of this chapter. Final approval of short plats by the Jefferson
County board of county commissioners shall be required. All final short plats shall be approved, disapproved or
returned to the applicant within 30 days of their filing, unless the applicant consents to an extension of time in
writing. [Ord. 8-06 § 1]
18.35.210 Time limitation on final short plat submittal.
Approval of a preliminary short plat shall expire unless the applicant submits a proposed final plat in proper form for
final approval within three years after preliminary approval. The department of community development shall not be
responsible for notifying the applicant of an impending expiration. [Ord. 8-06 § 11
18.35.220 Effect of an approved final short plat — Valid land use.
Any lots, tracts or parcels in a final short plat filed for record shall be a valid land use notwithstanding any change in
zoning for a period of five years from the date of filing. A short subdivision shall be governed by the terms of
approval of the final short plat, and the statutes, ordinances and regulations in effect on the date of preliminary plat
approval for a period of five years after final short plat approval unless the Jefferson County board of commissioners
finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside
the short subdivision. [Ord. 8-06 § 1]
18.35.230 Distribution of copies and filing of final short plat.
The administrator shall distribute the original and copies of the approved final short plat as follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county auditor for recording; and
(2) One recorded paper copy shall be retained in the files of the department of community development. [Ord. 8-06
§ 1]
18.35.240 Transfer of ownership following short plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this article relating to short
subdivisions, no person, firm, or corporation shall sell or transfer any such lot, tract or parcel without having first
received final approval of the short plat and having recorded the final short plat with the Jefferson County auditor. It
is the responsibility of the applicant to ensure that a final short plat is fully certified and filed for record with the
Jefferson County auditor prior to transferring ownership of any land. [Ord. 8-06 § 1]
18.35.250 Building and occupancy permits — Issuance after final short plat 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 short subdivision prior to a determination by the relevant fire district
chief or designee that adequate fire protection and access for construction needs exists.
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Chapter 18.35 LAND DIVISIONS
(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 short subdivision until the applicant complies with the improvement
method report, all requirements of the department of public works certificate of improvements, and all requirements
of the final plat approval.
(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 subdivision prior to final inspection and
approval of all required improvements which will serve such lot or parcel to the satisfaction of the director of the
department of public works and county building official. [Ord. 8-06 § I]
18.35.260 Accumulative short plats.
Accumulative short plats are not permitted. The short subdivision process may not be used to apply for a series of
short plats within two years from any application, thereby circumventing the long subdivision procedures. [Ord. 8-
06 § 11
Article IV. Long Subdivisions
18.35.270 Scope.
Long subdivisions, as processed under this article, shall include all divisions of land into five or more lots, and shall
require improvements so that any development will be in compliance with this code and any other codes or
ordinances which may apply. [Ord. 8-06 § I]
18.35.280 Application submittal and contents.
To be considered complete, the application for a long subdivision shall include the following information:
(1) The application for approval of a long subdivision shall be submitted to the department of community
development on forms to be provided by the department along with the appropriate fees established by the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
(3) The area and dimensions of each proposed lot, tract or parcel to accurately show that each lot, tract or parcel
contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC. The area of land contained in
access easements, access panhandles or pipestem configurations shall not be included in the area computations;
(4) Five paper copies of a preliminary plat meeting the standards and requirements of JCC 18.35.290 and 18.35.300;
(5) Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in accordance with
the requirements of Article VI -K of Chapter 18.15 JCC;
(6) A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter 18.30 JCC,
including any soil test information as may be deemed necessary by the director of the department of public works;
(7) The estimated quantities of any fill to be exported from the site and imported to the site; and
(8) Documentation of water availability and adequacy for each parcel affected sufficient to meet the requirements of
JCC 18.30.030. [Ord. 8-06 § 11
18.35.290 Preliminary plat — Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
(1) The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor registered or
licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation
of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter
58.09 RCW and Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property, the
surveyor shall place temporary stakes on the property to enable the county to locate and assess features of the long
plat in the field. The datum to be used for all surveying and mapping shall be as follows: The projection name is the
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state plane; the projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone;
and the horizontal datum is NAD 83.
(2) All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to a horizontal
scale of 50 feet or fewer to the inch, except that the location sketch and typical roadway cross-sections may be
drawn to any other appropriate scale.
(3) A preliminary plat shall be 18 inches by 24 inches in size, allowing one -half-inch borders, and if more than one
sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and
orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the
applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one
sheet is required, an index sheet showing the entire subdivision with road and highway names and block number (if
any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size.
(4) The area of each proposed lot or parcel depicted on the long plat map shall accurately show that each lot, tract or
parcel contains sufficient area to satisfy minimum zoning requirements. The area of land contained in access
easements, access panhandles or pipestem configurations shall not be included in the lot size computations. [Ord. 8-
06 § 1
18.35.300 Preliminary plat — Contents.
(1) A preliminary plat shall be submitted on one or more sheets and shall provide the following information. All
specifications for public improvements shall conform to the standards contained in Chapter 18.30 JCC, including
any standards incorporated therein:
(a) The name of the proposed subdivision together with the words "Preliminary Plat";
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional land surveyor who
prepared the preliminary plat;
(d) Numeric scale 50 feet or fewer to the inch), graphic scale, true north point, and date of preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access to the site for
clearing and grading during site development and construction; and
(f) A form for the endorsement of the administrator of the department of community development, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the
proposed subdivision with respect to surrounding property, roads, and other major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary plat shall contain the following existing geographic
features, drawn lightly in relation to proposed geographic features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the
same ownership as the land to be subdivided, to be indicated by bold lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines for lot of record which
are to be vacated, and all existing property lines for any property lying adjacent to the subject property which is
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under the same ownership as the property to be subdivided (as described in JCC 18.35.290(3)) shall be shown
in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or platted roads, whether
public or private, and other public ways within 200 feet of the property to be subdivided;
(e) The location, widths and purposes of any existing easements lying within or adjacent to the proposed
subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater management facilities lying
within or adjacent to the proposed subdivision or those that will be connected to as part of the proposed
subdivision (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants lying within or adjacent
to the proposed subdivision or those which will be connected to as part of the proposed subdivision (if
applicable);
(h) The location, size and description of any other underground and overhead facilities lying within or adjacent
to the proposed subdivision (if applicable);
(i) The location of any envi-enH,o.,.ally sefisitiritical areas as described in Artiele "r D of Chapter 18.44-22
JCC., iReludiRgwithin adjaeefit to the pr-oposed `uhdo
0) The location of existing sections and municipal corporation boundary lines lying within or adjacent to the
proposed subdivision;
(k) The location of any well existing within the proposed subdivision;
(1) The location of any individual or on-site sewage disposal system existing within the proposed subdivision;
(m) Existing contour lines at intervals of five feet labeled at intervals not to exceed 20 feet;
(n) The location of any existing structures lying within the proposed subdivision; existing structures to be
removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by
solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of all proposed lots, the area and dimensions of each proposed lot, and
the proposed identifying number or letter to be assigned to each lot and/or block;
(b) The right-of-way location and width, the proposed name of each road, street, alley, or other public way to
be created and the estimated tentative grades of such streets; where roadways may exceed the maximum
allowable grade or alignment, the director of the department of public works may require sufficient data,
including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement created;
(d) The boundaries, dimensions and area of public and common park and open space areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the purpose and any
condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be indicated by solid lines;
contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelopes, as defined in JCC 18.10.020, shall be indicated for each lot;
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Chapter 18.35 LAND DIVISIONS
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water system improvements,
including all proposed fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if applicable) profiles,
and, if needed, all pump stations and their connections to the existing system;
(k) Proposed location and description of all stormwater management system improvements;
(1) Proposed road cross-sections, showing proposed bicycle and pedestrian pathways, trails and sidewalks (if
applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if applicable).
(5) Upon review of an application, the administrator may require additional pertinent information as needed to
satisfy any other regulatory requirements. The administrator may also waive specific submittal requirements
determined to be unnecessary for review of an application. In such event, the administrator shall document the
waiver in the project file or log. [Ord. 8-06 § 1 ]
18.35.310 Approval criteria.
In addition to the review criteria provided Chapter 18.40 JCC, the following criteria are the minimum measures by
which each proposed subdivision will be considered:
(1) Long subdivisions shall be given preliminary approval, including preliminary approval subject to conditions,
upon finding by the county that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning, land use,
environmental and health regulations and plans, including, but not limited to, the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed subdivision shall be made
available, including open spaces, drainage ways, roads, streets, other public ways, potable water, transit
facilities, sewage disposal, parks, playgrounds, schools, sidewalks and other improvements that assure safe
walking conditions for students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed subdivision, together with any
practical means of mitigating adverse impacts, have been considered such that the proposal will not have an
unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental
Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC and Chapter 43.21C RCW;
(d) Approving the proposed subdivision will serve the public use and interest and adequate provision has been
made for the public health, safety, and general welfare.
(2) Notwithstanding 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 subdivision may be denied because of flood, inundation or
swamp conditions. Where any portion of the proposed subdivision lies within both a flood control zone, as specified
by Chapter 86.16 RCW, and either the l 00 -year floodplain or the regulatory floodway, the county shall not approve
the preliminary plat unless:
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(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 100 -year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI -F of Chapter 18.15 JCC and any
written recommendations of the Washington State Department of Ecology. In such cases, the county shall issue
no development permit associated with the proposed short subdivision until flood control problems have been
resolved.
(3) Pursuant to RCW 86.36-34584.56.345 current year and any delinquent taxes must be paid before approval of any
subdivision. [Ord. 8-06 § 1]
18.35.320 Preliminary long plat review process.
(1) An application for a full subdivision shall be processed according to the procedures for Type III land use
decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the chief of the fire
district in which the proposal is located, local utility providers, sheriff, building official, school district in which the
proposal is located, adjacent jurisdictions if the proposal is located within one mile of a city or other jurisdiction,
Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state,
local or federal officials as may be necessary.
(3) Based on comments from county departments, applicable agencies and other information, the administrator shall
review the proposal subject to the criteria contained in JCC 18.35.310. A proposed long subdivision shall only be
approved when consistent with all the provisions of JCC 18.35.310.
(4) An applicant for a long subdivision may request that certain requirements established or referenced by this
chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 18.40
JCC, and shall satisfy the criteria contained in Article IV of Chapter 18.40 JCC, Variances. [Ord. 8-06 § 11
18.35.330 Preliminary plat approval — Phased development.
Where subdivision development is proposed in distinct phases, preliminary plat approval must be granted for the
entire subdivision. The plat map must delineate the separate divisions or phases that are to be developed in
increments. The preliminary approval is conditional upon completion of the proposed phases in a particular
sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of
the preliminary plat. Any changes in the development after preliminary approval will require approval in accordance
with JCC 18.35.320. [Ord. 8-06 § 1]
18.35.340 Modifications to an approved preliminary plat.
(1) Minor modifications to a previously approved preliminary long plat may be requested by the applicant and
approved by the administrator subject to the provisions for Type I decisions in Chapter 18.40 JCC; provided, that the
modification does 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 buildable lot 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) The modification will not be inconsistent or cause the long subdivision to be inconsistent with the decision
of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application approval; and
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(c) The modification will not cause the long subdivision to violate any applicable county policy or regulation.
(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 preliminary long plat application. [Ord. 8-06 § 1 I
18.35.350 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of subdivision improvements
within one year of final plat approval. The surety shall be for 200 percent of the cost of construction of those
improvements estimated by a licensed engineer. Surety shall be in a form acceptable to Jefferson County. In the
event that the applicant does not complete construction within one year Jefferson County shall be authorized to
complete the construction and pay for the work from the surety account. Surety shall not be accepted for developing
potable water sources. Surety may only be released only after inspection by Jefferson County. [Ord. 8-06 § l]
18.35.360 Director of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be issued by the county until
the improvement method report, all construction drawings, proposed performance guarantees, and other submittals
in conformance with Chapter 18.30 JCC and any incorporated standards have been received and approved by the
director of the department of public works. All construction of improvements shall be inspected and approved in
conformance with development standards contained in Chapter 18.30 JCC and any incorporated standards. After
completion of all required improvements or the guarantee of the construction of all required improvements, the
director of the department of public works shall submit a certificate in triplicate to the administrator stating the
required improvements or guarantees are in accordance with the provisions of this chapter, the preliminary plat,
including the county's decision approving the plat, and in accordance with the development standards contained in
Chapter 18.30 JCC and any incorporated standards. The administrator shall submit one copy of the certification to
the subdivider, together with a notice advising the subdivider to prepare a final plat for the proposed subdivision.
One copy of the certificate shall be retained by the administrator. [Ord. 8-06 § 11
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or a Washington state
licensed engineer.
(2) Six paper copies of the final long plat shall be submitted, measuring 18 inches by 24 inches in size, allowing
one-half inch for border.
(3) A final long plat shall contain the following information:
(a) The name of the subdivision;
(b) Legal description of the property being subdivided;
(c) Numeric scale, graphic scale, true north point and date of preparation of the final plat;
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an accurate traverse, with
angular and linear dimensions and bearings;
(e) The exact location, width and name of all roads, streets, alleys and other public ways within and adjacent to
the subdivision;
(f) The exact location, width and purpose of all easements and dedications for rights-of-way provided for public
and private services and utilities;
(g) True courses and distances to the nearest established road lines, or sections or quarter section corner
monuments which shall accurately locate the subdivision;
(h) Section lines accurately tied to the lines of the plat by distances and courses;
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Chapter 18.35 LAND DIVISIONS
(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet and hundredths of feet;
0) All house address numbers as assigned by the county;
(k) Delineation of the building envelope of each lot;
(1) The radii, internal angles, points of curvature, tangent bearings and lengths of arc;
(m) The accurate location of each permanent control monument;
(n) All plat meander lines or reference lines along bodies of water shall be established as above, but not farther
than 20 feet from the high water line of such body;
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the
purpose of such dedication or reservation and any limitations indicated thereon and in dedication;
(p) Accurate outlines of any area to be reserved by the deed covenant for common use of owners of property
within the subdivision, together with the purposes of such reservation;
(q) Any restrictions or conditions on the lots or tracts within the subdivision, as required by the county or at the
discretion of the property owner, including, but not limited to, efvviFeHmentaily sensitive ritical areas buffers;
(r) The auditor's file number of all documents and conveyances recorded with the Jefferson County auditor
associated with preliminary or final plat approval;
(s) The name and seal of the Washington State licensed land surveyor or Washington State licensed engineer
responsible preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that
it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments
shown thereon exist as located and that all dimensional and geodetic details are correct;
(t) A signed, notarized certification stating that the subdivision has been made with the free consent and in
accordance with the desires of the all persons with ownership and/or security interests in the property. If the
plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all
roads and other areas to the public, any individual or individuals, or to any corporation, public or private, as
shown on the plat. Such certificate or instrument shall be signed and acknowledged before a notary public by
all parties having any interest in the land subdivided. The owner shall waive all claims against the county, on
behalf of the owner and the owner's successors and assigns, which may be occasioned by the establishment
and/or construction of any roads, streets, storm drainage improvements or other improvements;
(u) An offer of dedication may include a waiver of right of direct access to any road from any property. Such
waiver may be required by the director of the department of public works as a condition of approval. Any
dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the
said donee or grantee for use for the purpose intended by the donation or grant;
(v) Signature blocks for the appropriate certification of the county auditor, director of the department of public
works, director of the public health department, and DCD administrator, as follows:
DIRECTOR OF PUBLIC WORKS
CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in compliance with the
certificate of improvements issued pursuant to the Jefferson County Unified Development
Code and is consistent with all applicable county improvement standards and requirements in
force on the date of preliminary plat approval, this day of 20_.
Director, Jefferson County Department
of Public Works
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Chapter 18.35 LAND DIVISIONS
DEPARTMENT OF COMMUNITY
DEVELOPMENT ADMINISTRATOR'S
CERTIFICATE
I hereby certify that on this day of , 20_, that this final plat is in
substantial conformance with the preliminary plat and any conditions attached thereto, which
preliminary plat was approved by Jefferson County on the day of
20
Administrator, Jefferson County
Community Development Department
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
Approved by public health department on this day of 20_.
Director, Jefferson County Public Health Dept.
TREASURER
All taxes and/or assessments due are paid in full on this day of 120—
Jefferson
20_.
Jefferson County Treasurer
(w) A form of the approval of the county assessor, as follows:
ASSESSOR'S APPROVAL
Examined and approved this day of 120—
Jefferson
20_.
Jefferson County Assessor
Attest:
Deputy Jefferson County Assessor
(x) A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this day of 20
, at minutes past _M., and recorded in Volume of Plats, page
Records of Jefferson County, Washington.
Jefferson County Recording Number _.
Manager
Superintendent of Records
(y) Any additional pertinent information as required at the discretion of the director of the department of public
works or the DCD administrator.
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(4) All signatures or certifications appearing on a final plat shall in be reproducible black ink. [Ord. 8-06 § 1 ]
18.35.380 Accompanying documents — Final long plat.
(1) In cases where any deed covenants or restrictions, including any CC&Rs, will apply to lots or parcels within a
subdivision, a typewritten copy of such covenants bearing all necessary signatures shall be submitted along with the
final plat.
(2) The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is
located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat
and section survey shall be submitted with complete field and computation notes, showing the original or re-
established corners, with the description of the same, and the actual traverse showing error or closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the
plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company certification of:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security interest (such as deed of
trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or
corporations shall sign and approve the final plat prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the
dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a description of purpose and
referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title
Association (A.L.T.A.) title policy may be required by the director of the department of public works.
(4) The applicant shall provide the director of the department of public works with a computer disk containing a
complete set of the final plat maps and as -built drawings on CADD(c) or other GIS -compatible software as
acceptable to the director of the department of public works.
(5) All documents submitted under this section shall contain the name of the subdivision and the name and address
of the subdivider.
(6) All maintenance, performance and guarantee bonds or other guarantees as may be required by the director of the
department of public works and the improvement method report to guarantee the acceptability and/or performance
of all improvements. For all improvements constructed after final plat approval, reproducible as -built drawing and
CADD(c) files shall be submitted within 15 days of completion of construction. [Ord. 8-06 § 1 ]
18.35.390 Final long plat application.
(1) Applications for final long plat approval shall be made on forms provided by the department along with the fee
established in the Jefferson County fee ordinance.
(2) Applications for final plat approval shall be processed according to the procedures for Type IV land use
decisions established in Chapter 18.40 JCC, and shall be approved, disapproved, or returned to the applicant within
30 days of their filing, unless the applicant consents to an extension of time in writing.
(3) Applications for final plat approval shall be submitted within five years of the date of the preliminary plat
approval.
(4) The final plat map shall be prepared in accordance with JCC 18.35.300 and 18.35.320.
(5) Prior to final approval, with the exception of the recording certificate, the applicant shall obtain all signatures
and certifications on the face of the plat in accordance with JCC 18.35.370. [Ord. 8-06 § 11
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Chapter 18.35 LAND DIVISIONS
18.35.400 Time limitation on final long plat submittal.*
(1) Approval of a preliminary long plat shall be valid as follows:
(a) For preliminary long plats approved on or after January 1 st 2015 the original and three copies of a final long
plat meet all requirements of chapter 58.17 RCW shall be transmitted by the administrator to the Board of County
Commissioners within five years of the date of the preliminary long plan approval.
(b) For preliminary long plats approved on or before December 31 st 2014 the original and three copies of the final
long plat meeting all requirements of chapter 58.17 RCW shall be transmitted by the administrator to the Board of
County Commissioners within seven years of the date of the preliminary long plat approval.
(c) For preliminary rlong plats approved before on or before December 31 2007 and not located within shoreline
jurisdiction subject to chapter 90.58 RCW, the original and three copies of a final long plat meeting all requirements
of chapter 58.17 RCW shall be transmitted by the administrator to the Board of County Commissioners within ten
years of the date of the preliminary long plat approval.
pf:eliminary lati . plat approval No extensions shall be granted. A plat granted preliminary approval but filed for
final long plat approval following the applicable time period shall be null and void. The department of community
development shall not be responsible for notifying the applicant of an impending preliminary long plat expiration.
[Ord. 8-06 § 11
*&)deFeN'iser'saE)t@i "Within five-yeaFs- is now seven yeafs+tfitil w.....u,,......i�.... .,i�,...,uoo.,..it., v _ ,
�eite_so 1� inn
18.35.410 Effect of an approved final long plat — Valid land use.
LLAny lots in a final long plat filed for record on or after January 1, 2015 shall be a valid land use notwithstanding
any change in zoning laws for a period of five years from the date of filing.
(2) Any lots in a final long plat filed for record on or before December 31 st, 2014 shall be a valid land use
notwithstanding any change in zoning laws for a period of seven years from the date of filing.
(3) Any lots in a final long plat filed for record on or before December 31 st, 2007 and not located within shoreline
jurisdiction subject to chapter 90.58 RCW, shall be a valid land use notwithstanding any change in zoning laws for
ten years from the date of filing.
(4) A long subdivision shall be governed by the terms of approval of the final long plat, and the statutes, ordinances
and regulations in effect on the date of preliminary long plat approval for a period of after final long plat
approval as provided in subsections (1), (2) and (3) of this section unless the board of county commissioners finds
that a change in conditions creates a serious threat to the public health or safety of residents within or outside the
subdivision. [Ord. 8-06 § 11
18.35.420 Distribution of copies and filing of final long plat.
The administrator shall distribute the original and copies of the approved final long plat as follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county auditor for recording;
(2) Prior to the issuance of any building permits, one recorded reproducible copy shall be transmitted to the director
of the department of public works;
(3) One recorded paper copy shall be retained in the files of the department of community development; and
(4) One recorded paper copy shall be provided to the building official for assignment of addresses. [Ord. 8-06 § 1]
18.35.430 Transfer of ownership following final long plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this article relating to long
subdivisions, no person, firm, or corporation shall sell or transfer or advertise for sale or transfer any such lot, tract
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 25/32
Chapter 18.35 LAND DIVISIONS
or parcel without having first received final approval of the long plat and having recorded the final long plat with the
Jefferson County auditor. It is the responsibility of the applicant to ensure that a final long plat is fully certified and
filed for record with the Jefferson County auditor prior to transferring ownership of any land. [Ord. 8-06 § 1 ]
18.35.440 Building and occupancy permits — Issuance after final long plat 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 long subdivision 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 long subdivision until the applicant complies with the improvement
method report, all requirements of the department of public works certificate of improvements, and all requirements
of the final plat approval.
(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 long subdivision prior to final
inspection and approval of all required improvements which will serve such lot or parcel to the satisfaction of the
director of the department of public works and county building official. [Ord. 8-06 § I]
Article V. Binding Site Plans
18.35.450 Purpose.
The purpose of this article is to clearly delineate the criteria used by the county to review and approve binding site
plans. A binding site plan is intended to provide an alternative means of dividing land. The binding site plan process
provides a means for certain types of land division applications to be processed administratively based upon the
development standards and regulations contained within this code and any other applicable ordinances and
regulations. Binding site plans tie a future development to an approved set of conditions and site layout. [Ord. 8-06 §
1]
18.35.460 Scope.
This article shall only apply to one or more of the following:
(1) The use of a binding site plan to divisions of land for sale or lease of mixed use, commercial or industrial zoned
property where the applicant proposes a unified scheme of development;
(2) Divisions of property for residential, commercial or industrial condominium development as provided for in JCC
18.35.470; and
(3) Planned rural residential developments (PRRDs) proposed under Article VI -M of Chapter 18.15 JCC where full
short or long subdivision of the land into separate, legally segregated lots, tracts or parcels is not required. [Ord. 8-
06 § 11
18.35.470 Condominiums.
For the purpose of approval of condominium developments, the provisions of this chapter regarding short
subdivision and long subdivision shall not apply if-
(]) A land division is proposed as a condominium and does not result in the subdivision of land into separately
owned lots in accordance with the definition for short or long subdivisions, but subjects a portion of a lot, tract or
parcel to Chapter 64.34 RCW (the "Condominium Act") subsequent to the recording of a binding site plan for all
such land;
(2) The improvements constructed or to be constructed thereon are required by the provisions of the binding site
plan proposed for a condominium project;
(3) Jefferson County has approved a binding site plan for all such land; and
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance with this binding
site plan, as it may be amended with the approval of Jefferson County, and in accordance with
such other government permits, approvals, regulations, requirements, and restrictions that
may be imposed upon such land and the development and use thereof. Upon completion, the
improvements on the land shall be included in one (1) or more condominiums or owned by an
association or other legal entity in which the owners' associations have a membership or other
legal or beneficial interest. This binding site plan shall be binding upon all persons,
businesses, corporations, partnerships or other entities now or hereafter having any interest in
the land described herein.
(Ord. 8-06 § 1
Page 26/32
18.35.480 Application submittal and contents.
To be considered complete, applications for binding site plan approval shall include the following information:
(1) Applications for binding site plans shall be made on forms provided by the Jefferson County department of
community development and shall be submitted to the department of community development, along with the
appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
(3) Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials required pursuant to
subsections (1) and (2) of this section, a binding site plan application for mixed use, commercial or industrial
proposals shall contain the same elements and information as a preliminary long plat, in accordance with JCC
18.35.280, 18.35.290 and 18.35.300;
(4) Binding Site Plan for Residential Condominiums. In addition the materials required pursuant to subsections (1)
and (2) of this section, a binding site plan for residential condominiums shall conform to the requirements of
Chapter 64.34 RCW, the "Condominium Act." The applicant shall submit a sworn declaration from a registered land
surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter
amended, have been satisfied. The county shall not be responsible for verification that the proposal complies with
Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five
copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and
must be prepared by a registered surveyor licensed in the state of Washington. In addition to the requirements of
Chapter 64.34 RCW, the binding site plan map must include the following information:
(a) The name of the condominium project;
(b) Legal description of the entire parcel;
(c) The date, scale, and north arrow;
(d) Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots, the location of all
open spaces, utilities, and other improvements with accurate bearings, dimensions of angles and arcs, and of all
curve data describing the location of all improvements;
(e) Names and right-of-way widths of all roads or streets within the parcel and immediately adjacent to the
parcel. Street names shall be consistent with the names of existing adjacent streets;
(f) Number of each lot and each block or division;
(g) Location, dimensions and purpose of any easements, noting if the easements are public or private;
(h) Location and description of monuments, boundary corners set, and all lot corners set and found;
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Chapter 18.35 LAND DIVISIONS
(i) Datum elevations and primary control points approved by the department of public works. Descriptions and
ties to all control points will be shown with dimensions, angles, and bearings;
0) A dedicatory statement acknowledging public and private dedications and grants;
(k) The statement required by JCC 18.35.470(4) must be on the face of the final binding site plan; and
(1) Other restrictions, conditions, and requirements as deemed necessary by the county, including all applicable
development standards contained in Chapter 18.30 JCC and any standards incorporated therein. [Ord. 8-06 § I]
18.35.490 Binding site plan approval criteria.
(1) Binding site plans shall be approved upon showing that all of the following have been satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and federal zoning, land use,
environmental and health regulations and plans, including but not limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed binding site plan shall be
made available, including open spaces, drainage ways, roads, streets and other public ways, potable water,
transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks and other improvements to assure
safe walking conditions for students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site plan, together with any
practical means of mitigating adverse impacts, have been considered such that the proposal will not have an
unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental
Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC and Chapter 43.21C RCW;
(d) Approving the proposed binding site plan will serve the public use and interest and adequate provision has
been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, a proposed binding site plan may
be denied because of flood, inundation or swamp conditions. Where any portion of the proposed binding site plan
lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100 -year floodplain or the
regulatory floodway, the county shall not approve the binding site plan unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible alternative exists to
locating lots and building envelopes within the 100 -year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI -F of Chapter 18.15 JCC and any
written recommendations of the Washington State Department of Ecology. In such cases, the county shall issue
no development permit associated with the proposed binding site plan until flood control problems have been
resolved. [Ord. 8-06 § 11
18.35.500 Binding site plan review process.
(1) An application for a binding site plan approval shall be processed according to the procedures for Type III land
use decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the chief of the fire
district in which the proposal is located, local utility providers, sheriff, building official, school district in which the
proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction,
Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local,
state or federal officials as may be necessary.
(3) Based upon comments from county departments and applicable agencies, and other information, the
administrator shall review the proposal subject to the criteria of JCC 18.35.490. A proposed binding site plan shall
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Page 28/32
only be approved when consistent with all the provisions of JCC 18.35.490. Binding site plan approval may be
based upon certain delineated conditions. The county shall make written finding and conclusions documenting
compliance with all approval criteria. A binding site plan shall be granted preliminary approval only, until all
improvements are installed or the county has received adequate guarantees or assurances of future installation of
improvements.
(4) Upon satisfying all conditions of approval, if any, and satisfying all requirements of Chapter 18.30 JCC and any
incorporated standards for the installation of all improvements, the administrator shall administratively approve the
final binding site plan for filing with the Jefferson County assessor. The final binding site plan shall conform to the
requirements of JCC 18.35.370 and 18.35.380, as applicable.
(5) For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the
Jefferson County assessor of the condominium CC&Rs. [Ord. 8-06 § I I
18.35.510 Binding site plan development standards.
Binding site plans shall conform to the development standards contained in Article VI of this chapter. [Ord. 8-06 §
I]
18.35.520 Modifications and vacations.
Binding site plans may be modified or vacated subject to the following:
(1) Binding site plans may be modified only if the modification is minor in nature and the original intent of the
recorded binding site plan is not changed and if the modification does not adversely impact public health and safety,
the environment, or the delivery of services to the site. The proposed modification must be clearly shown and be
accompanied by a letter of explanation and application for a plat alteration. Upon administrative approval of such
modification, the modifications shall become part of the binding site plan. If the proposed modification constitutes a
substantial modification, the proposal shall be processed as a new binding site plan application.
(2) Prior to issuance of any building permit or other site development permits, including, but not limited to, clearing
and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all
conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the
submission to DCD of a letter of intent to vacate the binding site plan. The letter shall become binding upon its
acceptance by the administrator. If the binding site plan has been recorded with the Jefferson County auditor, notice
of the vacation shall be recorded on forms acceptable to the Jefferson County auditor.
(3) After issuance of any building or other site development permits, including, but not limited to, clearing and
grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial
binding site plan approval. [Ord. 8-06 § 11
18.35.530 Distribution of copies and filing.
(1) Upon approval, a binding site plan shall follow the procedures of JCC 18.35.420.
(2) After approval of the general binding site plan for commercial or industrial divisions, the approval for
improvements and finalization of specific individual commercial and industrial lots shall be done by administrative
approval. [Ord. 8-06 § 11
18.35.540 Time limit.
The applicant or owner of the property subject to a binding site plan shall obtain all permits for the development of a
site within five years of its recording under JCC 18.35.530. If the applicant fails to obtain all permits within five
years, no site development permits shall be issued until the applicant files a new application and obtains binding site
plan approval in accordance with this article. [Ord. 8-06 § 1]
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC adoption.
The applicant or owner of a property subject to a binding site plan having preliminary approval prior to the initial
adoption date of this Unified Development Code (UDC) shall obtain final approval of the binding site plan within
two years of the initial adoption of this code. If the applicant fails to obtain final binding site plan approval within
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 29/32
Chapter 18.35 LAND DIVISIONS
two years, no site development permits shall be issued until the applicant files a new application and obtains binding
site plan approval in accordance with this article. [Ord. 8-06 § 1]
18.35.560 Effect of final binding site plan approval.
(1) All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser
of any other person acquiring a lease or other legal or property interest of any lot, tract, or parcel created pursuant to
the binding site plan.
(2) Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan, that does not
conform to the requirements of the binding site plan, or without binding site plan approval, shall be considered a
violation of this article. [Ord. 8-06 § 1]
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
All improvements shall be designed and constructed in conformance with the development standards contained in
this article, as well as Chapter 18.30 JCC and any standards incorporated therein. Prior to construction of any
improvements, as approved upon the preliminary plat or binding site plan, the subdivider shall furnish construction
plans. These plans must be prepared, signed, dated and stamped by a Washington State licensed civil engineer and
shall be in accordance with the standards contained in Chapter 18.30 JCC. The construction plans must be reviewed
and approved by the county prior to construction. [Ord. 8-06 § 1 ]
18.35.580 Transportation and drainage standards.
(1) Transportation Standards — Generally. All divisions of land covered by this chapter shall be served by
appropriate transportation facilities, including roads and facilities for transit, pedestrians, and bicycles.
Transportation facilities shall be adequate both the serve the division of land and to avoid adverse effects to the
existing transportation system. If transportation facilities are inadequate, the applicant shall be required to make
provision for all necessary improvements. Transportation facilities shall be deemed adequate if necessary
improvements are planned and designated funding is secured in the Six -Year Transportation Improvement Program.
(2) Road and Drainage Design and Construction Standards.
(a) All roads serving two or more lots shall comply with the road design and construction standards specified in
JCC 18.30.080;
(b) A drainage analysis shall be performed in conformance with JCC 18.30.070, and drainage systems shall be
designed to the standards set forth in JCC 18.30.060(2) and 18.30.070. [Ord. 8-06 § 11
18.35.590 Responsibility for road improvements.
Where reasonably necessary to mitigate the direct impacts of the proposed division of land and/or to meet safety
requirements, off-site road improvements may be required as a condition of approval under this chapter. When
required, the applicant shall bear the sole responsibility to make such off-site road improvements. [Ord. 8-06 § 1]
18.35.600 Health standards.
The following health standards apply to all divisions of land governed by this chapter:
(1) Water. All divisions of land shall comply with the requirements established by the Jefferson County department
of health for the provision of water;
(2) Wastewater Disposal. All divisions of land shall comply with the requirements established by the Jefferson
County department of health for wastewater disposal; and
(3) Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical aquifer recharge areas.
All divisions of land shall meet the regulations for critical aquifer recharge areas contained in Article VI -E of
Chapter 18.15 JCC. [Ord. 8-06 § 1 ]
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Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Page 30/32
18.35.610 Fire and utility standards.
All divisions of land governed by this chapter shall meet the fire protection and improvement standards adopted by
Jefferson County. [Ord. 8-06 § 1 ]
18.35.620 Plan review, inspection and fees.
The department of community development and department of public works are responsible for reviewing all
engineering drawings and for the supervision, inspection and acceptance of all subdivision improvements, and shall
charge the subdivider the applicable fees as set forth in the Jefferson County fee ordinance. [Ord. 8-06 § 1 ]
18.35.630 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted, such guarantee shall be released in accordance with
the development standards contained in Chapter 18.30 JCC. [Ord. 8-06 § l]
18.35.640 Floods and flood control.
The county may disapprove a proposed subdivision because of flood, inundation or regulated wetlands if the county
finds that such condition poses a threat to the public health, safety or general welfare. Where any portion of the
proposed subdivision lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100 -
year floodplain or the regulatory floodway, the county shall impose a condition on the preliminary plat requiring the
subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. In such
cases, no development permit associated with the proposed subdivision shall be issued by the county until said
FEMA requirements have been met. Where feasible, the county may require that all lots and/or building envelopes
be located outside the 100 -year floodplain. The county may also require dedication of land to any public body and/or
the construction of improvements and may impose other conditions necessary to protect against flooding or
inundation. [Ord. 8-06 § I]
18.35.650 Additional requirements.
The standards or requirements established in this chapter and Chapter 18.30 JCC are minimum requirements. These
standards may be increased and additional requirements may be imposed for the purpose of mitigating identified
probable significant adverse environmental impacts pursuant to the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, as now established or hereafter amended. Such additional requirements may include, but are
not limited to, off-site improvements to any public facility, the dedication and/or improvement of parks and open
spaces, and contributions to any county fund established to finance the provision of public services required by
subdivision. [Ord. 8-06 § 1 ]
18.35.660 Phased subdivision.
Preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions that
are to be developed in phased increments. Where the preliminary plat approval is conditioned upon completion of
the proposed phases in a particular sequence, the preliminary plat approval shall specify a completion date for each
phase. Final plat approval may be granted for each separate phase of the preliminary plat. Any changes at the
preliminary plat stage will require approval in accordance with JCC 18.35.340. [Ord. 8-06 § 1 ]
Article VII. Plat Alteration
18.35.670 Purpose.
(1) To allow modifications to approved short plats, binding site plans, and subdivisions including:
(a) The creation of additional lots within an existing subdivision or short plat e aitii*,,-resulting in four or
fewer lots within five years of final approval;
(b) Revision of lot lines, notes, notice to purchasers, or easements established in a recorded plat;
(c) Vacation, in whole or in part, of a subdivision, binding site plan, mobile home park, RV park, short
subdivision, or large lot subdivision.
(2) This section does not apply to alteration or replatting of any plat of state -granted tide or shore lands. [Ord. 8-06 §
1]
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Jefferson County Code Page 31/32
Chapter 18.35 LAND DIVISIONS
18.35.680 Application submittal and contents.
To be considered complete, applications for plat alterations shall include the following:
(1) Applications for plat alterations shall be made on forms provided by the Jefferson County department of
community development and shall be submitted to the department of community development, along with the
appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;
(3) Current title company certification/plat certificate.
(a) For a plat vacation, signatures of all parties having an ownership interest, including deeds of trust, in that
portion of the short plat, long plat, or binding site plan subject to the proposed vacation; or
(b) For a plat alteration or replat, signatures of a majority of those parties having an ownership interest,
including deeds of trust, of the lots, tracts, parcels, sites or divisions in the subject short plat, long plat or
binding site plan, or portion to be altered; or
(c) For a plat alteration affecting open space, easements, or public or private rights-of-way signatures of all
parties that make use of the portion being altered;
(4) A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions, easements, planned rural
residential development (PRRD) agreements, or other encumbrances restricting the use of the property;
(5) Five paper copies of the plat map and any surveys of record, with proposed alteration(s) or vacation(s) depicted
in red ink. [Ord. 8-06 § I]
18.35.690 Review process and criteria.
(1) An application for a plat amendment shall be processed according to the procedures for Type II land use
decisions established in Chapter 18.40 JCC and the criteria listed in RCW 58.17.215;
(2) Notice shall be given to the affected parties, a public hearing may be requested by a person receiving notice
within 14 days of receipt of notice. When a public hearing is requested the application shall be processed according
to the procedures for Type III decisions established in Chapter 18.40 JCC and the criteria listed in RCW 58.17.215;
(3) The administrator shall solicit comments from the director of the department of public works, the chief of the fire
district in which the proposal is located, local utility providers, sheriff, building official, school district in which the
proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction,
Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local,
state or federal officials as may be necessary;
(4) Based on comments from county departments, applicable agencies and other information, the administrator shall
review the proposal subject to the criteria contained in this section. A proposed plat amendment shall only be
approved when consistent with all the provisions of JCC 18.35.690 and RCW 58.17.215. [Ord. 8-06 § I]
18.35.7011 Purpose
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Page 32/32
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Sections:
Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Article I. Types of Project Permits
18.40.010 Purpose.
18.40.020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40.040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40.060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications (Type I — IV)
Page 1/44
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Submission of acceptance of application determination of completeness — Additional information and
project revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice — Generally.
18.40.160 Notice of application — When required.
18.40.170 Notice of application — Time of issuance.
18.40.180 Notice of application — SEPA exempt projects.
18.40.190 Notice of application — Contents.
18.40.200 Notice of application — SEPA integration.
18.40.210 Notice of application — Mailing, publication, and posting requirements.
18.40.220 Notice of application — Public comment.
18.40230 Notice of public hearing.
18.40.240 Additional public notice requirements — Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
18.40.270 Administrative approval subject to notice (Type II).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II decisions).
18.40.290 Board of county commissioners action (Type IV decisions).
18.40.300 Procedures for public hearings.
18.40.310 Reconsideration.
18.40.320 Final decision.
Article V. Appeals
18.40.330 Administrative appeals.
18.40.340 Judicial appeals.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Article VI. Unified Development Code Interpretation
18.40.350
Purpose.
18.40.360
Submission requirements.
18.40.370
Administrator's decision.
18.40.380
Time limitation and enforcement.
18.40.390
Appeals of administrator's interpretations.
18.40.400
Judicial appeal.
Article VII. Site Plan Approval A a... nee note -,,,:.,.,t ofy Repealed.
18.40.410
1 urpo, t
18.40.420c!c+j)e:
Scope.
18.40.430
l+trt+N++ + s
18.40.440
fk ht3l te+ttit +� +t� +ems
18.40.450
Approv�i
18.40.460
Dt --atii4i of-aff,rovhf
18.40.470
_ - iW
18.40.480
M40i4ca4o*,, to wi apii +vtA 4te pla++
Article VIII. Conditional Uses
18.40.490
Purpose.
18.40.500
Scope.
18.40.510
Application submittal and contents.
18.40.520
Conditional use permit types — Review processes.
18.40.530
Approval criteria for all conditional uses.
18.40.540
Additional conditions.
18.40.550
Use of property before final decision.
18.40.560
Effective period — Expiration.
18.40.570
Modification of a conditional use permit.
18.40.580
Conditional use permit to run with the land.
18.40.590
Permit suspension or revocation.
18.40.600
Assurance device.
Article IX. Variances (Minor and Major)
18.40.610
Purpose.
18.40.620
Scope.
18.40.630
Application submittal and contents.
18.40.640
Variance types — Review processes.
18.40.650
Approval criteria.
18.40.660
Additional conditions.
18.40.670
Limitation on authority.
18.40.680
Effective period — Expiration.
18.40.690
Assurance device.
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
18.40.710 Purpose.
18.40.720 Responsible official — Decision-making authority.
18.40.730 Lead agency determination and responsibilities.
18.40.740 Initiation of SEPA review — Limitations on actions during review.
18.40.750 Categorically exempt actions — Use of existing documents and analyses.
18.40.760 Analysis of nonexempt project and nonproject actions.
18.40.770 Substantive authority.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Page 2/44
Jefferson County Code Page 3/44
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.780
Public notice and comment.
18.40.790
Public hearings and meetings.
18.40.800
Environmentally sensitive areas.
18.40.810
Appeals.
Article XI. Development Agreements
18.40.820
Purpose.
18.40.830
General requirements.
18.40.840
Development standards to be addressed.
18.40.850
Procedures.
18.40.860
Effect.
Article I. Types of Project Permits
18.40.010 Purpose.
Articles I through VI of this Unified Development Code are a mechanism for implementing the provisions of
Chapter 36.7013 RCW (the Local Project Review Act) regarding compliance, conformity, and consistency of
proposed projects with the Jefferson County Comprehensive Plan and development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the public have made and will
continue to make in Jefferson County's Comprehensive Plan and development regulations, it is essential that project
review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the
Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the
provision of public facilities needed to review the proposed development and site, these decisions, at a minimum,
provide the foundation for further project review unless there is a question of code interpretation. The project review
process, including the environmental review process under Chapter 43.21C RCW and the consideration of
consistency, should start from this point and should not reanalyze these land use planning decisions in making a
permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site-
specific issues and impacts identified through land use project application review.
(2) Comprehensive plans and development regulations adopted by the county under Chapter 36.70A RCW (the
Growth Management Act), sub -area plans, and environmental policies, laws and rules adopted by the county, the
state, and the federal government address a wide range of environmental subjects and impacts. These provisions
typically require environmental studies and contain specific standards to address various impacts associated with a
proposed development (e.g., building size and location, drainage, transportation requirements, and protection of
environmentally sensitive areas). When the county applies these existing requirements to a proposed project, some
or all of a project's potential environmental impacts may be avoided or otherwise mitigated. Through the integrated
project review process described in Articles I through V of this chapter, the administrator will determine whether
existing requirements, including the applicable regulations or plans, adequately analyze and address a project's
environmental impacts. Project review generally should not require additional studies and mitigation under Chapter
43.21C RCW where existing regulations adequately address a proposed project's probable significant adverse
environmental impacts. Development regulations enable project review through the application of established
scientific standards, required studies and standard mitigation measures. [Ord. 8-06 § 1]
18.40.020 Procedures for processing project development permit applications.
For the purpose of project permit processing under this code, all development permit applications shall be classified
as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions are classified as Type V actions
and are addressed in Chapter 18.45 JCC. Exemptions from the requirements of project permit application processing
are set forth in JCC 18.40.080. [Ord. 8-06 § 1]
18.40.030 Determination of proper type of procedure.
(1) Determination by the Administrator. The administrator shall determine the proper procedure for all development
applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor
of the higher numbered procedure type, except as specifically authorized for discretionary conditional use permits
under JCC 18.40.520(2).
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Page 4/44
(2) Optional Consolidated Permit Processing. An application that involves two or more procedures may be
processed collectively under the highest numbered procedure required for any part of the application or processed
individually under each of the procedures identified by this code. The applicant may determine whether the
application shall be processed collectively or individually. If the application is processed under the individual
procedure option, the highest numbered type procedure must be processed prior to the subsequent lower numbered
procedure.
(3) Decision-maker(s). The board of county commissioners is the highest decision -maker, followed by the hearing
examiner and the administrator. Joint public hearings with other agencies shall be processed in accordance with JCC
18.40.050.
(4) Administrator. Upon issuance of a determination of completeness as described in JCC 18.40.110, the
administrator shall assign a project planner to the project who will coordinate and be responsible for all phases of
development application administration.
(5) SEPA Review. Project review conducted pursuant to the State Environmental Policy Act (SEPA), Chapter
43.21C RCW, shall occur concurrently with project review. The SEPA review process, including all public
comment procedures, is set forth in Article X of this chapter. Nothing contained in Articles I through V of this
chapter shall be construed as restricting the need for full environmental review in accordance with Articles VI -C
through VI -K of Chapter 18.15 JCC, and Article X of this chapter. [Ord. 8-06 § 1]
18.40.040 Project permit application framework.
Table 8-1. Permits — Decisions
Type I'
Type II
Type III
Type IV
Type V
Septic permits
Classification of unnamed
Reasonable economic use
Final plats
Special use permits, such as
and discretionary uses under
variances under JCC
under Chapter
for siting Essential Public
Facilities under JCC
Article II of Chapter 18.15
18.15.220
18.35 JCC
JCC
18.15.110
Allowed uses not requiring
Release of six-year FPA
PRRDs under Article VI -M
Final PRRDs
Jefferson County
notice of application (e.g.,
moratorium for an individual
of Chapter 18.15 JCC and
under Article
Comprehensive Plan
"Yes" uses listed in Table 3-1 in
single-family residence under
major amendments to PRRDs
VI -M of
amendments under Chapter
JCC 18.15.040, building
JCC 18.20.160
under JCC 18.15.545(3)
Chapter 18.15
18.45 JCC
permits, etc.)
JCC
Minor amendments to planned
Cottage industries under JCC
Shoreline substantial
Amendments to
rural residential developments
18.20.170
development permits for
development regulations
(PRRDs) under JCC 18.15.545
secondary uses, and
including amendments to
conditional and variance
this UDC and the Land Use
permits under the Jefferson
Districts Map
County Shoreline Master
Program (SMP)
Home businesses approved
Short subdivisions under
Plat alterations and vacations
Amendments to the
under JCC 18.20.200
Article IV of Chapter 18.35
under JCC 18.35.030(3)
Jefferson County SMP
JCC
Temporary outdoor use permits
Binding site plans under
Long subdivisions under
Subarea and utility plans and
under JCC 18.20.380
Article V of Chapter 18.35
Article V of Chapter 18.35
amendments thereto
JCC
JCC
Stormwater management
Administrative conditional
Discretionary conditional use
Development agreements
permits under JCC 18.30.070
use permits under JCC
permits under JCC
and amendments thereto
18.40.520(1) [i.e., listed in
18.40.520(2) [i.e., listed in
under Article Xi of this
Table 3-1 in JCC 18.15.040
Table 3-1 in JCC 18.15.040
chapter
as "C(a)"]
as "C(d)"] where required by
administrator
Road access permits under JCC
Discretionary conditional use
Conditional use permits under
Master plans for master
18.30.080
permits under JCC
JCC 18.40.520(3) (i.e., uses
planned resorts
18.40.520(2) [i.e., listed in
listed in Table 3-1 in JCC
Table 3-1 in JCC 18.15.040
18.15.040 as "C")
as "C(d)"] unless Type III
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Page 5/44
Type I'
Type II
Type III
Type IV
Type V
Type IV
process required by
Project planner
Project planner
Project planner
N/A
administrator
Administrator
Administrator
Hearing examiner
Sign permits under JCC
Minor variances under JCC
Major variances under JCC
18.30.150
18.40.640(1)
18.40.640(2)
commissioners
No
Boundary line adjustments
Shoreline substantial
Wireless telecommunications
under Article II of Chapter
development permits for
permits under JCC 18.20.130
Yes, before hearing
No
18.35 JCC
primary uses under Jefferson
and Chapter 18.42 JCC
examiner, prior to
commission to make
County SMP
decision is appealed,
permit decision by
Minor adjustments to approved
Wireless telecommunications
Major industrial development
preliminary short plats under
permits under JCC 18.20.130
conditional use approval
before hearing
JCC 18.35.150
and Chapter 18.42 JCC
under Article VIII of Chapter
18.15 JCC
examiner
Minor amendments to approved
Small-scale recreation and
preliminary long plats under
tourist (SRT) uses in SRT
Forest practices release of a
No
N/A
JCC 18.35.340
overlay district under JCC
18.15.572.
moratorium under Chapter
18.20 JCC
Site plan approval advance
determinations under Article
Plat alterations under JCC
its own hearing
Vii of this chapter _a )'
18.35.670.
Yes
Yes
Yes,
i it1 ',,1
Appeals of enforcement
t =
actions under Chapter 18.50
JCC
Exemptions under the Jefferson
County SMP
Revisions to permits issued under the Jefferson County SMP
'If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150
through 18.40.220 and Article X of this chapter (the SEPA integration section).
Recommendation
made by:
Final decision
made by:
Notice of application
Open record
public hearing:
Closed record
appeal/final decision:
Judicial appeal:
Table 8-2. Action Types — Process
Project Permit Application Procedures (Types I — IV)
Legislative
Type I
Type II
Type III
Type IV
Type V
Project planner
Project planner
Project planner
N/A
Planning commission'
Administrator
Administrator
Hearing examiner
Board of county
Board of county
commissioners
commissioners
No
Yes
Yes
No
N/A
No
Only if
Yes, before hearing
No
Yes, before planning
administrator's
examiner, prior to
commission to make
decision is appealed,
permit decision by
recommendation to board
open record hearing
the hearing examiner
of county commissioners
before hearing
examiner
No
No
No
N/A
Yes, or board of county
commissioners could hold
its own hearing
Yes
Yes
Yes
Yes
Yes,
'Type V land use actions are subject to review and recommendation by the planning commission. However, utility plans
and moratoria and interim zoning controls adopted under RCW 36.70A.390 are not subject to review and consideration
by the planning commission.
'-Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board
(WWGMHB) is authorized to hear and determine petitions alleging that the county is not in compliance with the
requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master
Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW
36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Page 6/44
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC
18.40.150 through 18.40.220 and Article X of this chapter (the SERA integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA, then,
administrative with notice.
Type TI: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and final
decision by hearing examiner.
Type III: Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner. Appeal to
superior court.
Type IV: Closed record decision by board of commissioners during a regular public meeting. Type TV decisions are purely
ministerial in nature (see Article IV of Chapter 18.35 JCC).
Type V: Except for utility plans, notice and public hearing before planning commission, with planning commission
recommendation to board of commissioners. Notice of public hearings provided prior to final legislative decisions (see
Chapter 18.45 JCC).
[Ord. 8-06 § 11
18.40.050 Joint public hearings (other public agency hearings).
(1) Administrator's Decision to Hold Joint Public Hearings. The administrator may combine any public hearing on a
project permit application with any hearing that may be held by another local, state, regional, federal, or other
agency on the proposed action, as long as the hearing is held within the county and the requirements of subsection
(3) of this section are met.
(2) Applicant's Request for a Joint Hearing. The applicant may request that the public hearing on a permit
application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In
the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the
hearings.
(3) Prerequisites to a Joint Hearing. A joint public hearing may be held with another local, state, regional, federal or
other agency and the county, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set
forth in statute, ordinance or rule; and
(c) The agency has received the necessary information about the proposed project from the applicant in enough
time to hold its hearing at the same time as the local government hearing. [Ord. 8-06 § 1]
18.40.060 Legislative enactments.
(1) Decision. The following decisions are legislative, and are not subject to the procedures in this chapter, unless
otherwise specified:
(a) Unified Development Code text, and land use district amendments (i.e., Land Use Map amendments);
(b) Area -wide rezones to implement county policies contained within the Jefferson County Comprehensive
Plan and amendments thereto;
(c) Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
(d) Shoreline master program adoption and amendments; and
(e) All other master land use, subarea, functional and/or utility plans and amendments thereto.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 7/44
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(2) Procedures. Except as otherwise provided in this chapter, the procedures for the legislative decisions specified in
this chapter are set forth in Chapter 18.45 JCC. [Ord. 8-06 § 1]
18.40.070 Legislative enactments not restricted.
Nothing in this chapter shall limit the authority of the county to make changes to the Jefferson County
Comprehensive Plan as part of an annual revision process, this Unified Development Code or any of the county's
other development regulations, or to undertake any other legislative actions. [Ord. 8-06 § 1]
18.40.080 Exemptions from project permit processing.
(1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development Code has been
designated as a Type II, III or IV permit, the procedures set forth in Articles I through IV of this chapter shall be
followed in project permit processing. The following permits or approvals are specifically excluded from the
procedures set forth in this chapter:
(a) Landmark designations;
(b) County road vacations; and
(c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned actions in the
Jefferson County Comprehensive Plan or any amendments thereto. Planned actions are those public or private
projects specifically identified by county ordinance or resolution adopted after environmental review conducted
in conjunction with the adoption or annual amendment of the Comprehensive Plan.
(2) Exemptions. If categorically exempt under SEPA, Chapter 432.321C RCW, Type I permits shall not be subject
to the following provisions contained in this chapter':
(a) The notice of application requirements of JCC 18.40.150 through 18.40.220;
(b) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing under JCC
18.40.030(2);
(c) Joint public hearings under JCC 18.40.050; and
(d) A single report stating that all decisions and recommendations made as of the date of the report on all
project permits included in the consolidated permit process that do not require an open public record
predecision hearing and any recommendations on project permits that do not require an open record predecision
hearing, as further set forth in RCW 36.70B.060(5).
(3) Notice of Decision. Unless the applicant waives the time deadlines in writing, all Type I permits shall be
processed within 120 calendar days after the applicant files a complete application, subject to JCC 18.40.110. [Ord.
8-06 § 11
Article 11. Project Permit Applications (Type I — IV)
18.40.090 Preapplication conference.
(1) Purpose. Preapplication conferences provide a prospective applicant and the county the opportunity to determine
if and how the regulations (e.g., environmentally sensitive areas and SEPA) may apply, an opportunity to acquaint
the applicant with the requirements of the Jefferson County Unified Development Code, and to discuss, if
applicable, how the applicant may modify the scope and design of the project to reduce or avoid restrictions which
may be imposed by the county.
(2) When Required. Preapplication conferences are required for all Type II, Type III, Type IV and Type V project
applications and Type I project applications proposing impervious surfaces of 10,000 square feet or more and/or
non -single-family structures of 5,000 square feet or more. Additionally, preapplication conferences are required for
industrial, commercial, and critical area stewardship plan applications. The administrator may exercise discretion
not to require a preapplication conference if the administrator determines that the conference information is self-
evident, already transmitted, or would not add value to the subsequent application. Preapplication conferences for
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 8/44
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
all other types of applications are optional, and requests for conferences will be considered by the administrator on a
time -available basis.
(3) Scheduling and Conceptual Design Review. The conference shall be held within 15 calendar days of the request
and payment of the fee set forth in the Jefferson County fee ordinance. The preapplication conference for a new
personal u rreless i_tcility shall be scheduled at such time the applicant demonstrates that the required notice in JC C.
M41070 41070 ( 2) was mailed to all other wireless providers licensed to provide services v ithiu Jefferson COAn1V. Upon
payment of the fee, the applicant shall submit to DCD a preliminary sketch or conceptual design that illustrates the
applicant's generalized ideas of the proposal. This should include approximate lot lines, general topography of the
site, suggested vehicle access to the site, and provision of utilities. Final drawings are discouraged at this
preapplication stage. Additionally, the applicant shall identify all land uses on adjacent properties and all platted and
opened roads serving the site.
(4) Information Provided to Applicant. At the conference, the administrator shall provide the applicant with:
(a) A list of the requirements for a completed application;
(b) A general summary of the procedures to be used to process the application;
(c) The references to the relevant code provisions or development standards that may apply to the approval of
the application; and
(d) A list of any applicable hourly review fees that may be charged by one or more county agencies upon the
filing of a project permit application with the county.
(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all potential issues.
The discussions at the conference or the information provided by the administrator shall not bind or prohibit the
county's future application or enforcement of all applicable laws and regulations. No statements or assurances made
by county representatives shall in any way relieve the applicant of his or her duty to submit an application consistent
with all relevant requirements of county, state and federal codes, laws, regulations and land use plans. [Ord. 3-13 §
1]
18.40.100 Development permit application.
(1) Information Required for All Applications. Applications for project permit decisions shall be submitted upon
forms provided by the administrator. A project permit application is complete when it meets the submission
requirements of this section. An application shall consist of all materials required by the relevant section of this code
or other applicable county ordinance or regulation, and shall also include the following general information:
(a) A completed project permit application form, including a SEPA checklist unless categorically exempt from
SEPA;
(b) A verified statement by the applicant that the property affected by the application is in the exclusive
ownership of the applicant, or that the applicant has submitted the application with the written consent of all
owners of the affected property, and proof of ownership of the property;
(c) Identification of a single contact person or entity to receive determinations and notices required by this
code;
(d) A legal description of the site, including the Jefferson County assessor's parcel number;
(e) Payment of Tthe applicable fee as set forth in the Jefferson County fee ordinance;
(f) For each building permit necessitating potable water, evidence of available and adequate water supply and,
if applicable, compliance with the requirements established by the Jefferson County department of health for
the provision of water; evidence may be in the form of a water right permit from the Department of Ecology, or
another form sufficient to verify the existence of an adequate water supply;
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Page 9/44
(g) Evidence of septic approval, a valid pending septic application, or sewer availability and, if applicable,
compliance with the requirements established by the Jefferson County department of health for wastewater
disposal;
(h) A site plan, showing the location of all proposed lots and points of access and identifying all easements,
deeds, restrictions or other encumbrances restricting the use of the property, if applicable. All information
should be accurate, legible and generally should be drawn to a scale no smaller than one inch equals 50 feet for
a plot larger than one acre and no smaller than one inch equals 25 feet for a plot one acre or smaller; and
(i) Identification of other local, state and federal permits required for the proposal, to the extent known by the
applicant.
(2) Commercial, Industrial, Multifamily and Small -Scale Recreational and Tourist Uses — Additional Application
Requirements. In addition to the general information required under subsection (1) of this section, all building
permit applications involving commercial, industrial, multifamily, and small-scale recreational and tourist uses listed
in Table 3-1 in JCC 18.15.040 shall include a site plan prepared by a civil engineer, architect or landscape architect
licensed in the state of Washington that includes or graphically depicts the following information:
(a) Compass direction and graphic scale;
(b) Total gross acreage;
(c) Proposed and existing structures including building envelopes and building setback lines;
(d) Distances between all proposed and existing buildings;
(e) All proposed or existing uses;
(f) The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress
for vehicles and roadway widths, and additional right-of-way if required on substandard roads;
(g) The location of significant geographic features on the site and immediately adjoining properties;
(h) Corner grades and existing contours of topography at five-foot contour intervals;
(i) Proposed development or use areas;
0) Property lines, adjoining streets, and immediately adjoining properties and their ownership;
(k) Existing and proposed grades and volume and deposition of excavated material;
(1) A preliminary drainage plan;
(m) Locations of all existing and proposed utility connections;
(n) Parking spaces and driveways;
(o) Proposed landscaping; and
(p) The location and extent of wetlands, floodplains and other environmentally sensitive areas.
(3) Additional Application Requirements. In addition to the information required under subsections (1) and (2) of
this section, the administrator may require additional information or studies in order for the application to be
considered complete. Such information may include, but is not necessarily limited to, the following:
(a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases;
(b) Enumeration of the number of persons that will reside in a dwelling(s);
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(c) Documentation of the date and method of segregation for the subject property verifying that the lot or lots
were not created in violation of the subdivision (i.e., either short or long) laws in effect at the time of creation,
or identifying whether the lots were created prior to the advent of Chapter 58.16 RCW in 1937 (now codified in
Chapter 58.17 RCW);
(d) A recorded survey of the subject property in order to verify property boundaries and setback measurements.
(4) Application Requirements in Other Applicable Regulations. Applications for the following land use permits must
satisfy JCC 18.40.100(1), (2) and, if required, (3), and the following provisions of this Unified Development Code
and applicable county ordinances and regulations:
(a) Building permits under the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance;
(b) On-site septic systems pursuant to Chapter 8.15 JCC;
(c) Reasonable economic use variance permits under JCC 18.15.220;
(d) Planned rural residential developments (PRRDs) under Article VI -M of Chapter 18.15 JCC;
(e) Cottage industries under JCC 18.20.170;
(f) Home businesses under JCC 18.20.200;
(g) Temporary outdoor use permits under JCC 18.20.380;
(h) Stormwater management permits under JCC 18.30.070;
(i) Sign permits under JCC 18.30.150;
0) Boundary line adjustments under Article II of Chapter 18.35 JCC;
(k) Short plats under Article III of Chapter 18.35 JCC;
(1) Long plats under Article IV of Chapter 18.35 JCC;
(m) Binding site plans under Article V of Chapter 18.35 JCC;
(n) Site plan approval advance determinations under Article VII of Chapter 18.40 JCC;
(o) Written exemptions, shoreline substantial development permits for primary and secondary uses, and
shoreline conditional use and variance permits under the Jefferson County Shoreline Master Program;
(p) Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC; and
(q) Plat alterations under Article VII of Chapter 18.35 JCC.
All application requirements identified in other code sections that supplement or supersede the requirements of this
chapter shall be met before an application is deemed complete.
(5) Waivers. The administrator may waive any specific submittal requirements determined to be unnecessary for
review of any application. In such event, the administrator shall document the waiver in the project file or project
log. [Ord. 8-06 § 11
18.40.110 Submission of aeeeptanee ofDetermination of complete application deter-minat-An of
eompleteness Additional information and project revision.
(1) Determination of Completeness. Within 28 calendar days after receiving a project permit application the
administrator shall mail a determination to the applicant that states either that:
(a) The application is complete; or
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(b) The application is incomplete and information necessary to make the application complete.
(2) Identification of Other Agencies with Jurisdiction. To the extent known by the county, other agencies with
jurisdiction over the project permit application shall be identified in the county's determination of completeness.
(3) Incomplete Application Procedure — Appeal.
(a) If the applicant receives a determination that the application is incomplete or that additional information is
required, the applicant shall have 90 calendar days to submit the necessary information to the administrator, or
to appeal the decision to the hearing examiner in accordance with the procedures for Type II projects. Within
14 calendar days after the applicant has submitted the additional information, the administrator shall again
make the determination described in subsection (2) of this section.
(b) If the applicant refuses to submit additional information, does not request additional time to submit the
required information within the 90 -calendar -day period, or does not appeal the decision, the application will be
considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The
department of community development shall not be responsible for notifying the applicant of an impending
expiration.
(4) County's Failure to Provide a Determination of Completeness. A project permit application shall be deemed
complete under this section if the administrator does not provide a written determination to the applicant that the
application is incomplete as provided in subsection (1) of this section. Notwithstanding a failure to provide a
determination of completeness, the administrator may request additional information as provided in subsection (6) of
this section.
(5) Date of Acceptance of Application. A project permit application is complete for purposes of this section when it
meets the submission requirements in JCC 18.40.100, as well as any additional submission requirements contained
in other applicable provisions of this code. This determination of completeness shall be made when the application
is sufficient for continued processing even though additional information may be required or project modifications
may be undertaken after submittal. When the project permit application is determined to be complete, the
administrator shall accept it and note the date of acceptance in the project file. Upon providing a determination of
completeness, the administrator shall assign the project to a project planner.
(6) Additional Information. The administrator's determination of completeness shall not preclude the administrator
from requiring additional information, that the applicant correct plans or perform studies at any time if new
information is required for project review, or if there are substantial changes in the proposed action.
(a) Any period during which the administrator has requested the applicant to correct plans, perform required
studies, or provide additional information shall be excluded from the 120 -day time period or other applicable
time period set forth in JCC 18.40.320.
(b) The time period for requiring additional information shall be calculated from the date the administrator
notifies the applicant of the need for additional information until the earlier of:
(i) The date the administrator determines whether the information satisfies the request for information; or
(ii) Fourteen calendar days after the date the information has been provided to the administrator.
(7) Effect of Project Permit Application Revisions — Substantial Revisions. If, in the judgment of the administrator,
the content of an application is so substantially revised by an applicant, either voluntarily or to conform to applicable
standards and requirements, that such revised proposal constitutes a substantially different proposal than that
originally submitted, the administrator shall deem the revised proposal to be a new application.
(a) In reaching a decision whether a revision is substantial, the administrator shall consider the relative (to the
application in its initial form) and absolute magnitude of the revision, the environmental sensitivity of the site,
any changes in location of significant elements of the project and their relation to public facilities, surrounding
lands and land uses and the stage of review of the proposal.
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(b) Lesser revisions that would not constitute substantial revisions during early stages of review may be
substantial during later stages due to the reduced time and opportunity remaining for interested parties to
review and comment upon such changes.
(c) Written notice of such determination of substantial revision shall be provided to the applicant and all parties
of record, including the reasons for the administrator's decision.
(d) A determination that any revision is substantial shall result in the time periods mandated by this chapter
starting from the date at which the revised project application is determined to be complete. The revised project
application shall be subject to all laws, regulations and standards in effect on the date of the determination of
completeness of the substantial revision. [Ord. 8-06 § 1]
18.40.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the administrator shall do the following:
(1) Transmit a copy of the application, or appropriate parts of the application, to each affected agency and county
department for review and comment, including those agencies responsible for determining compliance with state
and federal requirements. The affected agencies and county departments shall have 14 calendar days to comment,
except that state agencies shall have 28 days to comment on special reports per Article VI -D, Environmentally
Sensitive Areas District (ESA), of Chapter 18.15 JCC et al., including habitat management plans and wetland
mitigation plans. Affected agencies and county departments are presumed not to have comments if not submitted
within the 14 -calendar -day period, or 28 -calendar -day period, as above; provided, that the administrator may grant
an extension of time if needed. Additionally, in the event that the state agency or agencies involved communicate
verbally or in writing intention to waive the opportunity to submit comments, the corresponding state agency
comment period shall terminate and be so noted in the case file.
(2) Applications for developments and planned actions subject to the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, shall be reviewed in accordance with the policies and procedures contained in Article X of
this chapter. SEPA review shall be conducted concurrently with development project review. The following are
exempt from concurrent review:
(a) Projects categorically exempt from SEPA; and
(b) Components of planned actions previously reviewed and approved in the Jefferson County Comprehensive
Plan or amendments thereto to the extent permitted by law and consistent with the SEPA determination for the
planned action.
(3) If a Type II or III procedure is required, DCD shall provide for notice and/or hearing as set forth in Article III of
this chapter. [Ord. 8-06 § 11
18.40.130 Scope of project review.
(1) Fundamental land use planning choices made in the Jefferson County Comprehensive Plan, subarea plans, this
Unified Development Code and any other applicable development regulations shall serve as the foundation for
project review. The review of a proposed project's consistency with this Unified Development Code under JCC
18.40.140, other applicable development regulations, or in the absence of applicable regulations, the adopted
Jefferson County Comprehensive Plan or subarea plan(s), shall incorporate the data collected under this section.
(2) During project review, the administrator or any subsequent reviewing body (e.g., the hearing examiner) shall
determine whether the items listed in this subsection are defined in this Unified Development Code or any other
applicable development regulations applicable to the proposed project or, in the absence of applicable regulations,
the adopted Jefferson County Comprehensive Plan or subarea plan(s). At a minimum, such regulations or plans shall
be determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such
as planned rural residential developments and conditional uses, if the criteria for their approval have been
satisfied;
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(c) Availability and adequacy of public facilities identified in the Jefferson County Comprehensive Plan, if the
plan provides funding of these facilities.
(3) During project review, the administrator shall not re-examine alternatives to or hear appeals on the items
identified in subsection (2) of this section.
(4) The administrator may determine that the requirements for environmental analysis and mitigation measures in
this Unified Development Code and other applicable regulations provide adequate mitigation for some or all of the
project's specific probable significant adverse environmental impacts to which the requirements apply. In making
this determination the administrator shall:
(a) Determine if the applicable regulations require measures that are sufficient to adequately address site-
specific, probable significant adverse environmental impacts identified through project application review; and
(b) Determine whether additional studies are required and/or whether the project permit application should be
conditioned with additional mitigation measures.
(5) Nothing in this section shall be construed as limiting the authority of the county to approve, condition, or deny a
project as provided in this Unified Development Code or any other development regulations adopted under the
authority of Chapters 36.70A and/or 43.21C RCW, including project review under Articles VI -D through VI -I of
Chapter 18.15 JCC, and Article X of this chapter. [Ord. 8-06 § 1]
18.40.140 Project consistency.
(1) A proposed project's consistency with this Unified Development Code or other development regulations adopted
under Chapter 36.70A RCW or, in the absence of applicable development regulations, the appropriate elements of
the Jefferson County Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW shall be determined
by consideration of:
(a) The type of land use;
(b) The level of development such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development; and
(d) The character of the development.
(2) In determining consistency, the determinations made pursuant to JCC 18.40.130 shall be controlling.
(3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and Chapter
36.70A RCW to refer to performance in accordance with this chapter and Chapter 36.70A RCW, including, but not
limited to, compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates procedures for considering consistency, or limits the
administrator from asking more specific or related questions with respect to any of the four main categories listed in
subsections (1)(a) through (1)(d) of this section.
(5) For purposes of assisting in determining consistency with the UDC for a particular project permit, the
administrator shall also utilize review of the site plan submittal required by JCC 18.40. 100 (1)(h) to ensure
compliance with the requirements of Chapters 18.20 and 18.30 JCC. [Ord. 8-06 § I]
Article III. Public Notice Requirements
18.40.150 Public notice — Generally.
(1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If not SEPA exempt,
Type I projects are subject to the notice of application and SEPA notice requirements set forth in JCC 18.40.160
through 18.40.220 and Article X of this chapter.
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(2) Public notice of the notice of application and of the open record predecision public hearing, if any, is required for
all Type II and Type III actions. Published notice is not required for closed record public meetings before the county
commissioners (i.e., Type IV approvals of long plats and PRRDs), because no new testimony or evidence is allowed
at such meetings or hearings. Mailed notice of closed record public hearings shall be provided to all parties of
record.
(3) Public notice is not required for other Type IV actions because no public hearing is held.
(4) Public notice of Type V legislative actions must be published as described in Chapter 18.45 JCC and as required
by state law.
(5) The applicant shall be responsible for all costs of public notice. [Ord. 8-06 § 1 ]
18.40.160 Notice of application — When required.
The administrator shall issue a notice of application on projects requiring SEPA review and all Type II and Type III
project permit applications. [Ord. 8-06 § 1]
18.40.170 Notice of application — Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of issuing the determination of
completeness. If an open record predecision public hearing is required for the requested project permit(s), the notice
of application shall be issued at least 15 calendar days prior to the public hearing. [Ord. 8-06 § 1]
18.40.180 Notice of application — SEPA exempt projects.
A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a
public comment period or an open record predecision hearing is required. A notice of application shall be required
for all Type II projects, regardless of whether such projects are exempt from SEPA. [Ord. 8-06 § 1]
18.40.190 Notice of application — Contents.
The notice of application shall include the following:
(1) The name and address of the applicant or the applicant's representative;
(2) The date of application, the date of the notice of completion for the application, and the date of the notice of
application;
(3) The street address location of the project or, if unavailable, a description of the subject property reasonably
sufficient to inform the public of its location, which may include a vicinity location (map), the location in reference
to roadway intersections, or a written description (rural route box or subdivision lot and block alone are not
sufficient);
(4) A description of the proposed project action, use or development and a list of project permits included in the
application and, if applicable, a list of any additional studies requested under JCC 18.40.110(6);
(5) The identification of state, federal or other permits required by other agencies with jurisdiction not included in
the application, to the extent known by the county;
(6) The identification of existing environmental documents that evaluate the proposed project, and the location of
where the application and any studies can be reviewed;
(7) The name and phone number of the contact project planner;
(8) A statement of the limits of the public comment period, which shall be 14 calendar days following the date of the
notice of application (or 20 or 30 calendar days if the application involves a permit under the Jefferson County
Shoreline Master Program, as further set forth in JCC 18.40.220);
(9) Statements of the right of any person to comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal rights;
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(10) A statement of the preliminary determination, if one has been made at the time of the notice of application, of
the proposed project's consistency with applicable development regulations and of those development regulations
that will be used for project mitigation, as provided in RCW 36.70B.040 and JCC 18.40.140;
(11) Pursuant to WAC 197-11-355, a statement on the first page of the notice of application that:
(a) The optional DNS process of WAC 197-11-355 is being used;
(b) This may be the only opportunity to comment on the environmental impacts of the proposal;
(c) The proposal may include mitigation measures under applicable development regulations, and the project
review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
(d) A copy of the subsequent threshold determination may be obtained upon request, and will be mailed to any
person commenting upon the notice of application. In addition, the notice of application shall list the conditions
being considered to mitigate environmental impacts, if a mitigated DNS is expected;
(12) The date, time, place and type of hearing, if applicable, and if scheduled prior to the date of the notice of
application;
(13) A statement of when and where a copy of the application, all supporting documentation and evidence relied
upon by the applicant, and applicable development regulations may be available for public inspection;
(14) A statement that a copy of the staff report will be available for inspection at no cost to the public at least seven
calendar days prior to the public hearing (if applicable); and
(15) Any other information the administrator determines appropriate. [Ord. 8-06 § 1]
18.40.200 Notice of application — SEPA integration.
Except for a determination of significance (DS), the county may not issue its threshold determination until the
expiration of the public comment period on the notice of application. If the county has made a determination of
significance under Chapter 43.21 C RCW concurrently with the notice of application, the notice of application may
be combined with the threshold determination and the scoping notice for a draft environmental impact statement
(DEIS). However, nothing in this chapter prevents a DS and scoping notice from being issued prior to the notice of
application. [Ord. 8-06 § 11
18.40.210 Notice of application — Mailing, publication, and posting requirements.
(1) Published Notice. The administrator shall publish notice in the official county newspaper at least once. Published
notice shall include the project's road or street address or location, project description, type(s) of permit(s) required,
comment period dates, and location where the complete application and notice of application may be reviewed.
(2) Posting. The applicant shall post a notice of application on the property as follows:
(a) A single notice board shall be placed at the midpoint of the site road frontage or as otherwise directed by the
county for maximum visibility, where it is completely visible to vehicle traffic and pedestrians.
(b) Additional notice boards may be required where the site does not abut a public road, for a large site that
abuts more than one public road, or the administrator determines that additional notice boards are necessary to
provide adequate public notice.
(c) Notice boards shall be constructed and installed in accordance with any specifications promulgated by the
county.
(d) Notice boards shall be maintained in good and legible condition by the applicant during the notice period,
be in place at least 15 calendar days prior to the date of the hearing, and be removed within 15 calendar days
after the end of the notice period.
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(e) The applicant prior to the hearing or final comment date shall submit an affidavit of posting to the
administrator. If the affidavit is not filed as required, any scheduled hearing or date by which the public may
comment on the application will be postponed in order to allow compliance with this notice requirement.
(3) Mailing.
(a) The administrator shall send a notice of application by mail to the applicant, the owners of the subject
property (if different from the applicant), and to all owners of property within 300 feet of any portion of the
exterior boundaries of the subject property. The DCD shall be responsible for preparation of the list of adjacent
property owners; provided, that the administrator retains the authority to require the applicant to supply and
certify the list of adjacent property owners in circumstances where the information is not readily available to
the county. DCD shall obtain addresses for mailed notice shall from the county's geographic information
system (GIS) or real property tax records. The administrator shall make a notation in the file affirming mailing
of notice to all persons entitled to notice under this chapter.
(b) All public notices shall be deemed to have been provided or received on the date the notice is deposited in
the mail or personally delivered, whichever occurs first. Failure to send notice by mail shall not invalidate such
proceedings where the owner appears at the hearing or receives actual notice. [Ord. 8-06 § 1 ]
18.40.220 Notice of application — Public comment.
(1) Length of Comment Period. The comment period shall be not less than 14 calendar days, nor more than 30 days
from the date of the notice of application (RCW 36.70b.110(2)(e), except as may otherwise be provided for: a 15 -
day comment period for an open record predecision hearing pursuant to RCW 36.70B.1 10(3), commenting on
preliminary plat applications (i.e., 20 days pursuant to RCW 58.17.095 (2)), for commenting on scoping and draft
and final environmental impact statements pursuant to WAC 197-11-408 and 197-11-500 and Article X of this
chapter, and for commenting on permits under the Jefferson County Shoreline Master Program (SMP) (see
subsection (2) of this section).
(2) Comment Periods for Permits Under the Jefferson County Shoreline Master Program (SMP). The content of
notice under the SMP shall be identical to the notice set forth in JCC 18.40.190 except that:
(a) The public may provide comments on a shoreline development permit application for 30 calendar days after
the notice of application (notice for shoreline permits is longer than the comment period for other Type II and
III permits pursuant to RCW 90.58.140(4)); and
(b) The public comment period shall be 20 calendar days for a shoreline permit for limited utility extensions or
for construction of a bulkhead or other measures to protect a single-family residence and its appurtenant
structures from shoreline erosion (see RCW 90.58.140(11)); and
(c) A notice of application for a shoreline substantial development permit shall notify the public of the 20 -day
or 30 -day comment period.
(3) Comments may be mailed, E-mailed, personally delivered or sent by facsimile. Comments shall be as specific as
possible.
(4) The administrator will receive public comments during regular business hours any time up to and during the
open record hearing, if any, or if there is no predecision hearing, prior to the decision on the project permit.
(5) The county may not issue a decision or recommendation on the project permit(s) until the expiration of the
public comment period on the notice of application. [Ord. 8-06 § 1]
18.40.230 Notice of public hearing.
Notice of public hearing shall be provided not less than 10 calendar days prior to the hearing. If the notice of
application does not specify a hearing date, a separate notice of public hearing shall be provided. For Type III
projects, the notice of a threshold determination under SEPA may be combined with the notice of public hearing_.
Notice under this section shall be accomplished as follows:
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(1) Published Notice. The administrator shall publish a notice of public hearing in the official county newspaper at
least one time. This notice shall include (and republish if necessary) the appropriate information from JCC
18.40.190.
(2) Mailed Notice. The administrator shall send a notice of public hearing to all of the persons entitled to notice, as
described in JCC 18.40.210(3), including any person who submits written or oral comments on the notice of
application.
(3) Posted Notice. Posted notice of the public hearing is required for all Type III project permit applications, which
shall be posted as set forth in JCC 18.40.210(2). In addition, notice of Type III preliminary plat actions and proposed
subdivisions must be given as set forth in JCC 18.40.240. [Ord. 8-06 § I]
18.40.240 Additional public notice requirements — Type III preliminary plat actions.
In addition to the notice for Type III actions above, pursuant to Chapter 58.17 RCW, additional notice for
preliminary plats and proposed subdivisions shall be provided as follows:
(1) Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to or within one
mile of the municipal boundaries of a city or town utilities shall be given to the appropriate city or town officials,
pursuant to RCW 58.17.080 and 58.17.090.
(2) Notice of the filing of a preliminary plat application for a proposed subdivision located adjacent to the right-of-
way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the
Washington State Secretary of Transportation, who must respond as to the effect of the proposed subdivision on the
state highway or airport within 15 calendar days of such notice.
(3) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the county
deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county
assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real
property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the
real property proposed to the subdivided, mailed notice shall be given to owners of real property located within 300
feet of any portion of the boundaries of such adjacently located parcel(s). [Ord. 8-06 § 1]
18.40.250 Optional additional public notice.
(1) As optional methods of providing public notice of any project permits, the county may:
(a) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being
considered;
(b) Notify the news media;
(c) Place notices in appropriate regional or neighborhood newspapers or trade journals;
(d) Place public notice in agency newsletters or send notice to agency mailing lists, either general lists or lists
for specific proposals or subject areas;
(e) Mail to neighboring property owners; or
(f) Place notices on the Internet.
(2) The county's failure to provide the optional notice as described in this section shall not be grounds for
invalidation of any permit decision. [Ord. 8-06 § 1]
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
The administrator may approve, approve with conditions, or deny (with or without prejudice) all Type I permit
applications which are categorically exempt from SEPA without notice (see Tables 8-1 and 8-2 in JCC 18.40.040,
and JCC 18.40.080(2)). Type I projects that are not categorically exempt under SEPA shall be subject to the notice
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of application and comment period provisions of JCC 18.40.150 through 18.40.220, and the SEPA notice
requirements of Article X of this chapter. The administrator's decision under this section shall be final on the date
issued, and may not be appealed to the hearing examiner. [Ord. 8-06 § 1 ]
18.40.270 Administrative approval subject to notice (Type II).
(1) The administrator may approve, grant preliminary approval, approve with conditions, or deny (with or without
prejudice) all Type II permit applications, subject to the notice and appeal requirements of this article and Article III
of this chapter. The administrator shall issue written findings and conclusions supporting all Type II decisions.
(2) Type II administrative decisions shall become final subject to the following: an applicant or party of record may
appeal the decision to the hearing examiner for an open record hearing, as further set forth in Article V of this
chapter. [Ord. 8-06 § 11
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II decisions).
(1) The hearing examiner shall review and make findings, conclusions and a decision on all Type III permit
applications and appeals of Type II decisions.
(2) For Type III actions, the administrator shall prepare a staff report on the proposed development or action
summarizing the comments and recommendations of county departments, affected agencies and special districts, and
evaluating the development's consistency with this Unified Development Code, adopted plans and regulations. The
staff report shall include proposed findings, conclusions and recommendations for disposition of the development
application. The staff report shall include and consider all written public comments on the application.
(3) Upon receiving a recommendation from the administrator or notice of any other matter requiring the hearing
examiner's attention (e.g., an appeal of a Type II administrative decision), the hearing examiner shall perform the
following actions as appropriate:
(a) Hold an open record predecision hearing on a Type III permit application and make a decision after
reviewing the recommendation of the administrator; or
(b) Hold an open record appeal hearing and make a decision on the following matters:
(i) Appeals of Type II administrative decisions;
(ii) Appeals of administrative interpretations made under Article VI of this chapter;
(iii) Appeals of SEPA threshold determinations made pursuant to Article X of this chapter (other than
determinations of significance); and
(iv) Other matters not prohibited by law.
(4) The hearing examiner shall conduct a public hearing on all Type III development proposals and appeals of Type
II administrative decisions for the purpose of taking testimony, hearing evidence, considering the facts germane to
the proposal or appeal, and evaluating the proposal or appeal for consistency with this Unified Development Code,
adopted plans and regulations. Notice of the hearing examiner hearing shall be in accordance with JCC 18.40.230.
As applicable, all appeals of administrative interpretations made under Article VI of this chapter, and appeals of
SEPA threshold determinations made under Article X of this chapter (other than determinations of significance
(DS)) shall be considered together with the decision on the project application in a single, consolidated public
hearing.
(5) In addition to the approval criteria listed elsewhere in this Unified Development Code, the hearing examiner
shall not approve a proposed development unless he/she first makes the following findings and conclusions:
(a) The development adequately mitigates impacts identified under Articles VI -D through VI -I of Chapter
18.15 JCC (i.e., environmentally sensitive areas) and Article X of this chapter (i.e., SEPA implementing
provisions);
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(b) The development is consistent with the Jefferson County Comprehensive Plan and meets the requirements
and intent of this Unified Development Code;
(c) The development is not detrimental to the public health, safety and welfare;
(d) For subdivision applications, findings and conclusions shall be issued in conformance with Chapter 18.35
JCC and RCW 58.17.110.
(6) In the hearing examiner's decision regarding Type III actions and appeals of Type II administrative decisions,
the hearing examiner shall adopt written findings and conclusions.
(a) The hearing examiner's decision following closure of an open record predecision public hearing on a Type
III action shall include one of the following actions:
(i) Approve;
(ii) Approve with conditions;
(iii) Deny without prejudice (reapplication or resubmittal is permitted); or
(iv) Deny with prejudice (reapplication or resubmittal is not permitted for one year).
(b) A hearing examiner's decision following an open record appeal hearing on a Type II administrative
decision, on a SEPA threshold determination on a Type II administrative decision, or on a SEPA threshold
determination on a Type III permit decision shall include one of the following actions:
(i) Grant the appeal in whole or in part;
(ii) Deny the appeal in whole or in part; or
(iii) If appropriate, in a proceeding involving a SEPA appeal of a threshold determination consolidated
with the hearing on a Type III permit application, continue the open record public hearing pending SEPA
compliance.
(c) The hearing examiner decision shall be issued within 10 working days unless a longer period is agreed upon
by the hearing examiner and the applicant. [Ord. 8-06 § 1]
18.40.290 Board of county commissioners action (Type IV decisions).
(1) The board of county commissioners shall make a decision after reviewing Type IV actions during a regularly
scheduled meeting.
(2) In its decision, the board of county commissioners shall make its decision by motion, resolution or ordinance, as
appropriate. [Ord. 8-06 § 1]
18.40.300 Procedures for public hearings.
Public hearings (including open record appeals of Type II decisions and open record predecision hearings on Type
III permit applications) shall be conducted in accordance with the hearing examiner's rules of procedure and shall
serve to create or supplement an evidentiary record upon which the hearing examiner will base his/her decision. In
cases where scientific standards and criteria affecting project approval are at issue, the hearing examiner shall allow
orderly cross-examination of expert witnesses presenting reports and/or scientific data and opinions. The hearing
examiner may address questions to any party who testifies at a public hearing. The hearing examiner shall open the
public hearing and, in general, observe the following sequence of events:
(1) Staff presentation, including submittal of any administrative reports. The hearing examiner may ask questions of
the staff,
(2) Applicant presentation, including submittal of any materials. The hearing examiner may ask questions of the
applicant;
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(3) Testimony or comments by the public germane to the matter;
(4) Rebuttal, response or clarifying statements by the staff and the applicant;
(5) The evidentiary portion of the public hearing shall be closed and the hearing examiner shall deliberate on the
matter before him/her;
(6) Pursuant to RCW 36.70.970, each final decision of the hearing examiner shall be in writing and shall include
findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set
forth the manner in which the decision would carry out and conform to the Jefferson County Comprehensive Plan,
this Unified Development Code and any other applicable county development regulations. Each final decision of the
hearing examiner, unless the applicant and hearing examiner mutually agree to a longer period in writing, shall be
rendered within 10 working days following conclusion of all testimony and hearings. [Ord. 8-06 § 1]
18.40.310 Reconsideration.
A party of record at a public hearing may seek reconsideration only of a final decision by filing a written request for
reconsideration with the hearing examiner within five business days of the date of the final written decision. The
request shall comply with JCC 18.40.330(5)(b). The hearing examiner shall consider the request without public
comment or argument by the party filing the request, and shall issue a decision within 10 working days of the
request. If the request is denied, the previous action shall become final. If the request is granted, the hearing
examiner may immediately revise and reissue his/her decision or may call for argument in accordance with the
procedures for closed record appeals. Reconsideration should be granted only when an obvious legal error has
occurred or a material factual issue has been overlooked that would change the previous decision. [Ord. 8-06 § I]
18.40.320 Final decision.
(1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and Type II and III project
permit decisions under this code shall be final unless appealed pursuant to Article V of this chapter.
(2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of certain Type V
decisions, as more fully set forth in Chapter 18.45 JCC, the board of county commissioners shall be in writing and
shall include findings and conclusions based on the record.
(3) Notice of Final Decision.
(a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final decision, the
administrator shall provide a notice of decision that includes a statement of all determinations made under
SEPA and the procedures for administrative appeal, if any, of the permit decision. The notice of decision may
be a copy of the report or decision on the project permit application. It shall also state that affected property
owners may request a change in valuation for property tax purposes notwithstanding any program of
revaluation fully set forth in RCW 36.70B.130.
(b) A copy of the notice of decision shall be mailed, emailed, or hand delivered to the applicant, any person
who, prior to the rendering of the decision, requested notice of the decision, and to all persons who submitted
substantive written comments on the application. The notice of decision shall be posted and Published as sei
r,.Fth i. UG 18.40.2 10(1) ,...,a (2) alld shall be provided to the Jefferson County assessor.
(4) Timing of Notice of Final Decision. The final decision on a development proposal shall be made within 120
calendar days from the date of the determination of completeness unless:
(a) Certain days are excluded from the time calculation pursuant to subsection (5) of this section;
(b) The application involves a shoreline permit application for limited utility extensions (RCW
90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a single-family residence and its
appurtenant structures from shoreline erosion. In those cases, the decision to grant or deny the permit shall be
issued within 21 calendar days of the last day of the comment period specified in JCC 18.40.220(2);
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(c) The application involves a preliminary long plat application under Article IV of Chapter 18.35 JCC. In such
cases, the application shall be approved, disapproved, or returned to the applicant for modification or correction
within 90 days from the date of the determination of completeness; or
(d) The application involves a final short plat application under Article III of Chapter 18.35 JCC, or a final long
plat application under Article IV of Chapter 18.35 JCC. In such cases, the application shall be approved,
disapproved or returned to the applicant within 30 days from the date of the determination of completeness.
(5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the number of calendar
days that have elapsed since the determination of completeness, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the county to correct plans, perform studies,
or provide additional information. The period shall be calculated as set forth in JCC 18.40.110(6)(b).
(b) If substantial project revisions are made or requested by an applicant, the 120 calendar days will be
calculated from the time the county determines the revised application is complete and issues a new
determination of completeness.
(c) All time required for the preparation of an environmental impact statement (EIS) following a determination
of significance (DS) pursuant to Chapter 43.21C RCW.
(d) Any period for open record appeals of project permits under JCC 18.40.330; provided, however, that the
time period for the hearing and decision shall not exceed a total of 90 calendar days.
(e) Any extension of time mutually agreed upon by the county and the applicant.
(f) Any time required for the preparation of an administrator's code interpretation pursuant to Article VI of this
chapter.
(6) The time limits established in this chapter do not apply if a project permit application:
(a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified Development Code; or
(b) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200.
(7) Notice to Applicant. If the county is unable to issue its final decision on a project permit application within the
time limits provided for in this chapter, it shall provide written notice of this fact to the project applicant. The notice
shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the
notice of decision.
(8) Effective Date. The final decision of the administrator, hearing examiner, or board of county commissioners
shall be effective on the date stated in the decision, motion, resolution or ordinance; provided, however, that the
appeal periods shall be calculated from the date of the decision, as further provided in JCC 18.40.330 and 18.40.340.
[Ord. 8-06 § 11
Article V. Appeals
18.40.330 Administrative appeals.
In the absence of a specific right of appeal authorized under this UDC, there shall be no right to administrative
appeals.
(1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding the appropriate permit
process to be used for discretionary conditional use permit applications (i.e., "C(d)" uses listed in Table 3-1 in JCC
18.15.040) under JCC 18.40.520, are not appealable to the hearing examiner. However, administrative code
interpretations may be appealed as set forth in Article VI of this chapter.
(2) Type II Permits.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(a) The administrator's final decision on a Type II permit application may be appealed by a party of record to
the hearing examiner for an open record appeal hearing as further set forth in JCC 18.40.280. The responsible
official's SEPA determination of nonsignificance (DNS) or mitigated determination of nonsignificance
(MDNS) may also be appealed by a party of record to the hearing examiner for an open record appeal hearing.
Administrative appeals of a DS or draft or final EIS are not allowed.
(b) All appeals of Type II permit decisions must be in writing, conform with the procedures for appeal set forth
in subsection (5) of this section, and be filed within 14 calendar days after the notice of decision is issued.
Appeals of environmental determinations under SEPA, except for a determination of significance (DS), shall be
consolidated with any open record hearing on the project permit. (See RCW 36.70B.I 10(6)(d)).
(3) Type III Permits.
(a) The responsible official's DNS or MDNS may be appealed to the hearing examiner by the applicant or
anyone commenting on the environmental impacts of the proposal (as further set forth in JCC 18.40.780). The
appeal must be in writing, in conformance with subsection (5) of this section, and be filed within 14 calendar
days after the threshold determination is issued as set forth in subsection (4) of this section. Appeals of
environmental determinations under SEPA shall be consolidated with any open record hearing on the project
permit. (See RCW 36.70B.I 10(6)(d)). Administrative appeals of a DS or draft or final EIS are not allowed.
(4) Calculation of Appeal Periods. The appeal periods shall be calculated as of the date the notice of decision is
published or, for appeals involving a SEPA determination, from the date the decision is issued pursuant to WAC
197-11-340(2)(d).
(5) Procedure for Appeals.
(a) A notice of appeal shall be delivered to the administrator by mail or by personal delivery, and must be
received by 4:00 p.m. on the last business day of the appeal period, with the required appeal fee pursuant to the
Jefferson County fee ordinance.
(b) The notice of appeal shall contain a concise statement identifying:
(i) The decision being appealed and the identification of the application which is the subject of the appeal;
(ii) The name, address, and phone number of the appellant and his/her interest in the matter;
(iii) Appellant's statement describing standing to appeal (i.e., how he or she is affected by or interested in
the decision);
(iv) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the
burden of proving the decision was wrong;
(v) The desired outcome or changes to the decision; and
(vi) A statement that the appellant has read the appeal and believes the contents to be true, signed by the
appellant.
(c) Any notice of appeal not in full compliance with this section shall not be considered. [Ord. 8-06 § 1]
18.40.340 Judicial appeals.
(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the
administrator, hearing examiner, or to a court of competent jurisdiction in a manner consistent with state law. All
appellants must timely exhaust all administrative remedies prior to filing a judicial appeal.
(2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by
delivery to the county auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the
applicable time period. This requirement is jurisdictional.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered
certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant
shall post an advance fee deposit in an amount specified by the county auditor with the county auditor. Any overage
will be promptly returned to the appellant. [Ord. 8-06 § 1]
Article VI. Unified Development Code Interpretation
18.40.350 Purpose.
An interpretation of the provisions of this Unified Development Code is intended to clarify conflicting or ambiguous
wording, interpret proper classification of a use, or interpret the scope or intent of the provisions of this code;
provided, however, that interpretations of the provisions adopted under the Jefferson County building code, Chapter
15.05 JCC, or its successor ordinance, may not be requested under this article. An interpretation of the provisions of
this code may not be used to amend the code. Further, code interpretations are not considered a project permit action
subject to "typing" and the public notice requirements contained in Articles I through V of this chapter. [Ord. 8-06 §
1]
18.40.360 Submission requirements.
(1) Who May Request Interpretation. Any person may request a written interpretation of the provisions of this code.
Additionally, the administrator may issue an interpretation on the administrator's own initiative.
(2) The administrator may require that any request that seeks interpretation of more than four UDC sections be
broken down into smaller requests, each requiring the standard fee. The administrator may limit the code
interpretation to what is deemed necessary to clarify the section and may decline responding to requests that are
deemed excessive or onerous or those that ask hypothetical questions.
(3) Submittal Requirements. Any person requesting an interpretation of this code shall submit a written request
specifying each provision of the code for which an interpretation is requested, why an interpretation of each
provision is necessary, and any reasons or materials in support of a proposed interpretation. The applicant shall pay
the fee set forth in the Jefferson County fee ordinance or an administrator's interpretation.
(4) Factors for Consideration. In making an interpretation of the provisions of this code, the administrator should
consider the following, as applicable:
(a) The applicable provisions of this code, including its purpose and context;
(b) The implications of the interpretation for development within the county as a whole, including the precedent
the interpretation will set for other applicants; and
(c) Consistency with the Jefferson County Comprehensive Plan and other relevant ordinances and policies.
(5) Conflicts with Other Regulations. Where conflicts occur between the provisions of this code and the Jefferson
County building code, Chapter 15.05 JCC, or its successor ordinance, or other regulations of the county, the more
restrictive shall apply. If any conflict between the land use districts map and the text of this code ensue, the text of
this code shall prevail. [Ord. 8-06 § 1]
18.40.370 Administrator's decision.
(1) The DCD administrator's decision on a request for an interpretation shall include the name of the applicant, the
description of the subject proposal, the language of the provisions of this code subject to interpretation, the
explanation of the DCD administrator's interpretation, and any other necessary information reasonably related to the
proposal.
(2) Response to Written Request. The DCD administrator shall mail a written response to any person filing a written
request to interpret the provisions of this code within 28 calendar days of having received the request; provided,
however, that when a request is made by a permit applicant while a project is pending and after a determination of
completeness has been issued, the permit applicant must agree to waive the time frame required under Article IV of
this chapter to allow for preparation of the interpretation, and any changes to the project that the interpretation might
require. [Ord. 8-06 § 1]
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
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18.40.380 Time limitation and enforcement.
(1) Time Limitation. An interpretation of this code remains in effect unless and until rescinded in writing by the
administrator, or superseded by a formal amendment under JCC 18.45.090.
(2) Enforcement. An interpretation of this code issued in accordance with this article may be enforced in the same
manner that any provision of this code is enforced (see Chapter 18.50 JCC). All written interpretations of this code,
with a current index of such interpretations shall be maintained by DCD and made available for public inspection.
[Ord. 8-06 § 11
18.40.390 Appeals of administrator's interpretations.
When an interpretation is made in response to a written request pursuant to the provisions of this article, the person
filing the written request may appeal the decision of the administrator to the hearing examiner within 14 calendar
days of the decision using the process for appeals of Type II permit decisions as set forth in JCC 18.40.330. The fee
for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the
time of filing the appeal. [Ord. 8-06 § 1]
18.40.400 Judicial appeal.
Appeals from the final decision of the hearing examiner shall be made to the Jefferson County superior court within
21 calendar days of the date the decision or action becomes final, as set forth in JCC 18.40.340. All appeals must
conform to the provisions of JCC 18.40.340, and are subject to the requirements set forth in that section. [Ord. 8-06
§11
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code Page 25/44
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Page 26/44
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Article VIII. Conditional Uses
18.40.490 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations
contained in this code in order to accommodate uses that may be appropriate in an established district under certain
circumstances, but inappropriate in the same district under others. At the time of application, a review of the
location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to
the goals and policies established in the Jefferson County Comprehensive Plan and to adopted development
standards. This review shall determine whether the proposed use should be permitted by weighing the public need or
the benefit to be derived from the use against the impact that it may cause. [Ord. 8-06 § 11
18.40.500 Scope.
This article shall apply to each application for a conditional use permit. Only those uses indicated by a "C(a),"
"C(d)" or "C" opposite the use in Table 3-1 in JCC 18.15.040 will be considered for a conditional use permit. [Ord.
8-06 § 11
18.40.510 Application submittal and contents.
(1) The application for a conditional use permit shall be submitted to DCD on forms provided by the department,
along with the appropriate fees established under the Jefferson County fee ordinance. The application shall include
all materials required pursuant to JCC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be unnecessary for review of an
application. [Ord. 8-06 § 11
18.40.520 Conditional use permit types — Review processes.
(1) Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in Table 3-1 in JCC
18.15.040 shall be processed according to the procedures for Type II land use decisions established in Article IV of
this chapter.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
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(2) Applications for uses listed as discretionary conditional use permits (i.e., "C(d)") in Table 3-1 in JCC 18.15.040
shall, at a minimum, be processed according to the procedures for Type II land use decisions established in Article
IV of this chapter. However, in accordance with this subsection, the administrator may on a case-by-case basis refer
a discretionary conditional use permit application to the hearing examiner to be processed according to the
procedures for Type III land use decisions established in Article IV of this chapter.
(a) Required Findings. Prior to referring an application for a use listed as "C(d)" in Table 3-1 in JCC 18.15.040
to the hearing examiner, the administrator shall make one or both of the following findings:
(i) In the exclusive, discretionary judgment of the administrator, the application involves potentially
significant issues relating to location, design, configuration, and potential impacts to surrounding
properties and the community that can be more appropriately considered and addressed through an open
public record pre -decision hearing before the Jefferson County hearing examiner; or
(ii) In the exclusive, discretionary judgment of the administrator, the application seeks approval of a use
involving complex legal issues necessitating special expertise in the decision -maker.
(b) Timing. The administrator shall may determine whether or not to refer an application to the hearing
examiner; for a public hearing, concurrent with the determination of completeness required under JCC
18.40.110(1), or after the public comment period has expired.
(c) Discretion of the Administrator. The administrator's decision to refer an application to the hearing examiner
under this subsection to be processed as a Type III application shall be for the purpose of affording maximum
fairness in decision-making and procedural due process protection, and shall not affect the substantive
applicability of local, state or federal policies or law applicable to any permit application. The decision to refer
any application to the hearing examiner to be processed as a Type III application rests exclusively within the
discretion of the administrator.
(d) No Notice or Hearing Required. Because the administrator's decision to refer (or not to refer) an application
for a use listed as "C(d)" in Table 3-1 in JCC 18.15.040 to the hearing examiner for a public hearing rests
solely in the administrator's discretion, the county is not required to provide prior notice of the administrator's
decision. The administrator shall not be required to hold a public hearing on such a decision. The decision of
the administrator made pursuant to this subsection (2) shall not constitute an appealable administrative
decision.
(3) Applications for uses listed as a "C" in Table 3-1 in JCC 18.15.040 shall be processed according to the
procedures for Type III land use decision established in Article IV of this chapter. [Ord. 8-06 § 11
18.40.530 Approval criteria for all conditional uses.
(1) The county may approve or approve with modifications an application for a conditional use permit (i.e., uses
listed in Table 3-1 in JCC 18.15.040 as "C(a)," ..C(d)" or "C") if all of the following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or
intended character and quality of development in the vicinity of the subject property and with the physical
characteristics of the subject property;
(b) The conditional use will be served by adequate infrastructure including roads, fire protection, water,
wastewater disposal, and stormwater control;
(c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject
parcel;
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or
which unreasonably impact existing uses in the vicinity of the subject parcel;
(e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the
conditional use will not unreasonably interfere with allowable development or use of neighboring properties;
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(f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and
anticipated traffic in the vicinity of the subject parcel;
(g) The conditional use complies with all other applicable criteria and standards of this eode-Title and any other
applicable provisions of Jefferson County Code oe or state of federal law; and more specifically,
conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or
airfield;
(i) The conditional use will not cause significant adverse impacts on the human or natural environments that
cannot be mitigated through conditions of approval;
0) The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
(1) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative
effect of similar actions in the area.
(2) In instances where all of the above findings cannot be made, the application shall be denied.
(3) The administrator may consider applications for modifications of lawfully established conditional uses and
developments approved under this code and conditional uses in existence on December 18, 2000, when the
application proposes to bring the existing use substantially closer to compliance with the standards of this code. The
administrator may approve, conditionally approve, or deny the modification application. A site plan conforming to
the provisions of this chapter and Article II, Project Permit Applications (Type I — IV), of this chapter shall
accompany the application showing the location, size and type of modification proposed by the applicant.
(4) Modifications may be approved by the administrator under Type I review procedures; provided, that the
cumulative modifications of the approved use will not exceed the following limitations:
(a) The modification will not increase residential use by more than one unit, if allowed by the land use district;
(b) The modification will not increase the required amount of parking by more than 20 percent or 20 spaces
(whichever is less);
(c) The proposed modification will not expand the total square footage of all structures and/or outdoor use
areas, excluding parking, by more than 20 percent. In addition, the proposed expansion of the structure shall not
result in total size of the structure exceeding the maximum building size limits in Chapter 18.30 JCC;
(d) The modification will not change or modify any special condition imposed under any previous official
review;
(e) The modification will not significantly reduce the amount or location of required site screening;
(f) The modification will not expand an existing nonconforming use or structure, or render a conforming use or
structure nonconforming;
(g) The modification will not establish a new use;
(h) The modification will not expand a mining/site operation, mineral processing or mineral batching activity;
(i) In the determination of the administrator, the modification will not create or materially increase any adverse
impacts or undesirable effects of the project, or cause the use or structure to become inconsistent with the
Comprehensive Plan or the purpose of the land use class and district.
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(5) All proposed uses, structures and site improvements (and modifications thereof) shall comply with the
development standards of this code.
(6) Any proposed modification that does not meet all the requirements of this subsection shall not be approved
through this process, but shall be reviewed through the current review procedures as outlined by this chapter.
(7) Decisions to administratively approve modifications shall be administered through a consistency review of
development permits in accordance with this code and any previous conditions of approval. [Ord. 8-06 § 11
18.40.540 Additional conditions.
The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the
surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:
(1) Increase requirements in the standards, criteria or policies established by this code;
(2) Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to
life, limb, property damage, erosion, landslides or traffic;
(3) Require structural features or equipment as a means of minimizing hazards to life, limb, property damage,
erosion, landslides or traffic; or
(4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with
respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic
and physical hazards. [Ord. 8-06 § 1]
18.40.550 Use of property before final decision.
No building permit shall be issued for any use involved in an application for approval for a conditional use permit
until the conditional use permit is approved and becomes effective. [Ord. 8-06 § 1 ]
18.40.560 Effective period — Expiration.
(1) A conditional use permit automatically expires and becomes void if the applicant fails to file for a building
permit or other necessary development permit within three years of the effective date (the date of the decision
granting the permit) of the permit unless the permit approval provides for a greater period of time.
(2) Extensions to the duration of the original permit approval are prohibited.
(3) The department of community development shall not be responsible for notifying the applicant of an impending
expiration. [Ord. 8-06 § 1]
18.40.570 Modification of a conditional use permit.
The county may modify an approved conditional use permit as follows: the county may delete, modify or impose
additional conditions upon finding that the use for which the approval was granted has been intensified, changed or
modified by the property owner or by person(s) who control the property without approval so as to significantly
impact surrounding land uses. A modification will be processed as a Type II land use decision pursuant to JCC
18.40.270. [Ord. 8-06 § 11
18.40.580 Conditional use permit to run with the land.
A conditional use permit granted under this article shall continue to be valid upon a change of ownership of the site,
business, service, use or structure that was the subject of the permit application. No other use is allowed without
approval of an additional conditional use permit. [Ord. 8-06 § 1]
18.40.590 Permit suspension or revocation.
The county may suspend or revoke an approved conditional use permit pursuant to Chapter 18.50 JCC upon finding
that:
(1) The use for which the approval was granted has been abandoned for a period of at least one year;
(2) Approval of the permit was obtained by misrepresentation of material fact; or
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(3) The permit is being exercised contrary to the terms of approval. [Ord. 8-06 § I]
18.40.600 Assurance device.
In appropriate circumstances, the administrator may require a reasonable performance or maintenance assurance
device, in a form acceptable to the county prosecutor, to assure compliance with the provisions of this code and the
conditional use permit as approved. [Ord. 8-06 § 1 ]
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
The purpose of this article is to ensure that all persons and their property are guaranteed equal rights and
opportunities under similar circumstances. A variance is never to be used to endow certain persons or property with
special privileges denied to all others under similar circumstances. Variances may only be granted for dimensional,
area and bulk requirements (e.g., height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified
by this code. [Ord. 8-06 § I]
18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except for reasonable
economic use variances and environmentally sensitive area buffer width reductions, which shall be governed by the
provisions of Article VI -D of Chapter 18.15 JCC. [Ord. 8-06 § 11
18.40.630 Application submittal and contents.
(1) The application for a variance shall be submitted to DCD on forms provided by the department, along with the
appropriate fees established under the Jefferson County fee ordinance. The application shall include all materials
required pursuant to JCC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be unnecessary for review of an
application. [Ord. 8-06 § 11
18.40.640 Variance types — Review processes.
The following are subject to this permit review process:
(1) Minor and Major Variances Distinguished.
(a) Minor variances include variances that would permit expansion of an existing building which would extend
no more than 10 percent beyond the dimensional, area and bulk requirements specified by this code. Minor
variances also include variances to allow expansion of an existing building that is nonconforming as to setback
or lot coverage requirements when the proposed expansion would not:
(i) Increase the nonconformity of the building; and
(ii) Result in any portion of the building or expansion being located closer to an abutting property line than
does the existing building at its nearest point to the property line.
(b) Major variances include all other variances (i.e., all variances not described in subsection (1)(a) of this
section).
(2) Minor Variances. Applications for minor variances shall be processed according to the procedures for Type II
land use decisions established in JCC 18.40.270.
(3) Major Variances. Applications for major variances shall be processed according to the procedures for Type III
land use decisions established in Article IV of this chapter. [Ord. 8-06 § 1]
18.40.650 Approval criteria.
A variance may be granted only if the applicant demonstrates all of the following:
(1) The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other
properties in the vicinity and land use district in which the subject property is located;
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(2) The variance is necessary because of special circumstances relating to the size, shape, topography, location or
surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the
vicinity and in the land use district in which the subject property is located;
(3) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property
or improvements in the vicinity and land use district in which the subject property is located;
(4) The special circumstances of the subject property make the strict enforcement of the provisions of this code an
unnecessary hardship to the property owner;
(5) The special circumstances are not the result of the actions of the applicant; and
(6) The variance is consistent with the purposes and intent of this Unified Development Code. [Ord. 8-06 § 1]
18.40.660 Additional conditions.
In granting any variance, the decision -maker may prescribe appropriate conditions and safeguards to assure that the
purpose and intent of this code will not be violated. [Ord. 8-06 § 1]
18.40.670 Limitation on authority.
The administrator or hearing examiner (as applicable) may not grant a variance under this article for the following:
(1) The provisions of this code establishing allowed, conditional, discretionary and prohibited uses within the
various land use districts (i.e., Table 3-1 in JCC 18.15.040);
(2) The density provisions of this code;
(3) The procedural or administrative provisions of this code; or
(4) Any provision of this code which, by its terms, is not subject to a variance. [Ord. 8-06 § 1]
18.40.680 Effective period — Expiration.
(1) A variance approval automatically expires and becomes void if the applicant fails to file for a building permit or
other necessary development permit within three years of the date of the decision granting the variance unless the
variance approval provides for a greater period of time.
(2) Extensions to the duration of the original variance approval are prohibited.
(3) The department of community development shall not be responsible for notifying the applicant of an impending
expiration. [Ord. 8-06 § 1]
18.40.690 Assurance device.
In appropriate circumstances, the administrator or hearing examiner (as applicable) may require a reasonable
performance or maintenance assurance device, in a form acceptable to the prosecuting attorney, to assure
compliance with the provisions of this title and the variance as approved. [Ord. 8-06 § 11
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
(1) This section contains county procedures and policies implementing the State Environmental Policy Act (SEPA)
(Chapter 43.21C RCW). Jefferson County adopts this article under RCW 43.21C.120, as amended, and WAC 197-
11-904.
(2) SEPA Rules — Adoption by Reference. The county hereby adopts by reference the SEPA rules, Chapter 197-11
WAC. The SEPA rules must be used in conjunction with this article. This article contains uniform usage and
definitions of terms under SEPA and the SEPA rules. The county adopts by reference the definitions in WAC 197-
11-700 et seq., as supplemented by Chapter 18.10 JCC. [Ord. 8-06 § I
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18.40.710 Purpose.
The purpose of this article is to adopt regulations that implement SEPA, consistent with the SEPA rules. This is
accomplished by ensuring that:
(1) Environmental values are considered in making land use and agency decisions, and reasonable alternatives and
conditions are identified and implemented to mitigate (as provided in this article) the adverse environmental impacts
of proposed actions on the environment;
(2) Adequate and timely environmental information is gathered and provided to decision -makers, and procedural
delay and duplication is avoided; and
(3) Opportunity for public involvement is included in the decision-making process. [Ord. 8-06 § 1 ]
18.40.720 Responsible official — Decision-making authority.
(1) The responsible official shall be the administrator.
(2) For those proposals for which the county is the lead agency, the responsible official is vested with authority to
and shall make the threshold determination, determine an exemption (if any), supervise scoping and preparation of
any required environmental impact statement (EIS), administer the SEPA rules and this article, and perform any
other functions assigned to the "lead agency" or "responsible official' by the SEPA rules.
(3) The responsible official shall be responsible for the written comments of the county in response to a consultation
request:
(a) Prior to issuance of a threshold determination;
(b) For participation in scoping; or
(c) For review of a draft environmental impact statement (DEIS).
(4) The department of community development (DCD) shall maintain all documents required by SEPA rules and
make them available in accordance with Chapter 42.17 RCW (the Disclosure — Campaign Finances — Lobbying
Records Act). [Ord. 8-06 § 1 ]
18.40.730 Lead agency determination and responsibilities.
(1) The county department receiving application for or initiating a proposal that includes a non-exempt action shall
determine the lead agency for the proposal under WAC 197-11-050 and WAC 197-11-922 through 197-11-940,
unless lead agency has been previously established.
(2) When the county is lead agency, the responsible official shall supervise compliance with threshold determination
requirements. If an EIS is required, that official shall supervise preparation of the EIS.
(3) When the county is not lead agency, the county shall use and consider the determination of nonsignificance
(DNS), mitigated determination of nonsignificance (MDNS), or final environmental impact statement (FEIS) of the
lead agency in making decisions on the proposal. Unless required under WAC 197-11-600 no DNS or EIS in
addition to that issued by the lead agency shall be prepared. The county may, however, conduct supplemental
environmental review under WAC 197-11-600.
(4) If the county receives a lead agency determination that appears inconsistent with criteria contained in WAC 197-
11-922 through 197-11-940, it may object to the determination. Objection must be made to the agency that made the
determination and must be resolved within 15 calendar days of receipt of the determination, or the county must
petition the Department of Ecology for lead agency determination under WAC 197-11-946 within the 15 -calendar -
day period. The responsible official may initiate any such petition on behalf of the county.
(5) Any county department making lead agency determination for a private proposal shall require sufficient
information to identify all other agencies with jurisdiction over the proposal. [Ord. 8-06 § I
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18.40.740 Initiation of SEPA review — Limitations on actions during review.
(1) Initiation of Review. The county's SEPA process begins when a permit application is submitted to the county, or
when the county proposes to take an official action as defined in WAC 197-11-704.
(2) Limitations on Actions during SEPA Process. Until the responsible official issues a final DNS or FEIS and the
SEPA appeal period has lapsed, the county shall not take any project action (issuing permits, approvals, etc.) on a
nonexempt project, or take any nonproject action (decisions on policies, plans, programs, etc.), that would have an
adverse environmental impact or would limit the choice of reasonable alternatives. [Ord. 8-06 § I]
18.40.750 Categorically exempt actions — Use of existing documents and analyses.
(1) Categorically Exempt Levels.
(a) Except with the adoption of flexible threshold limits as set forth in subsection (1)(b) through (e) of this
section, Jefferson County adopts and incorporates by reference the categorical exemption levels set forth in
WAC 197-11-800..
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or excavation activity in
Jefferson County shall be 500 cubic yards.
(c) Pursuant to WAC 197-11-800(l)(c)(ii), the maximum exempt level for the construction of a barn, loafing
shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure,
covering 30,000 square feet, and to be used only by the property owner or his or her agent in the conduct of
farming the property. This exemption shall not apply to feed lots.
(d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction of an office,
school, commercial, recreational, service or storage building with 12,000 square feet of gross floor area, and
with associated parking facilities designed for up to 40 automobiles.
(e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40 automobiles shall
be exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this section do not require
review under this article or the preparation of an environmental impact statement, and may not be conditioned or
denied under SEPA, except as provided in WAC 197-11-305 and subsection (3) of this section.
(3) Use of Exemptions.
(a) The responsible official will determine the applicability of a categorical exemption. The determination by
the responsible official that a proposal is exempt from SERA is final. None of the procedural requirements of
this article (except as provided in WAC 197-11-305 and this subsection) apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official shall determine the lead
agency pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize exempt actions prior to
compliance with procedural requirements of this article, except as provided in subsections (3)(d) through (3)(g)
of this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize the use of
exemptions for:
(i) Actions that are not exempt;
(ii) Any action that would have a probable significant adverse environmental impact;
(iii) A series of exempt actions that are physically or functionally related which together would result in a
probable significant adverse environmental impact for the overall project; or
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(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to modification of the physical
environment when such modification would serve no purpose if nonexempt action(s) were not approved (see
WAC 197-11-305(1) (b)(i)).
(f) The county may withhold approval of exempt actions that would lead to substantial financial expenditures
by a private applicant when the expenditures would serve no purpose if the non-exempt action(s) were not
approved (see WAC 173-806-060).
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall remain exempt under
SEPA even when located in one or more of the environmentally sensitive areas (ESAs) classified, designated
and mapped under Article VI -D of Chapter 18.15 JCC. However, the categorical exemptions listed in WAC
197-11-800 shall not apply when undertaken wholly or partly on lands covered by water, regardless of whether
or not such lands are mapped as ESAs. Proposals in areas subject to this subsection (3)(g) shall require
environmental review and a threshold determination, and may be conditioned or denied under this article (see
WAC 197-11-756,197-11-800, and 197-11-908).
(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of existing
documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-11-635.
(5) Planned Actions.
(a) The county may, as part of its planning processes, elect to perform or have performed for it in advance of
any development proposal, the environmental review and analysis for certain actions and their probable
impacts. These "planned actions" must be so designated by ordinance or resolution adopted by the county after
the analysis of the actions and their impacts has been completed.
(b) Planned actions must be located in an urban growth area, a master planned resort (MPR), or a fully
contained community, and meet the additional requirements contained in RCW 43.21C.031 (2)(a).
(c) The analysis must be sufficient to identify and analyze all probable significant impacts and most
nonsignificant impacts of the actions, and to identify (and, optionally, provide) to a great extent the mitigation
necessary (i.e., the significant impacts must be "adequately addressed" in an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a development proposal being
prepared under a planned action does not require a threshold determination or the preparation of an
environmental impact statement, but is subject to a full environmental review of its impacts and full
requirements for mitigation as identified and specified by the review for the planned action in subsection (5)(c)
of this section.
(e) If the environmental review identifies additional impacts not addressed by the planned action, a checklist
and threshold determination shall be required. [Ord. 8-06 § 11
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
(1) Submittal of Environmental Checklist.
(a) A completed environmental checklist shall be submitted with any application for a permit or approval not
specifically exempted as per JCC 18.40.750(1). However, a checklist is not required if the county and applicant
agree that an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been
initiated by another agency. The county shall use the checklist to determine lead agency and to make the
threshold determination if the county is lead agency.
(b) Applicants for private proposals shall complete the checklist, and the county shall provide assistance as
appropriate. For county proposals, the department initiating the proposal shall complete the checklist.
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(2) Review of Project Impacts. The responsible official shall review the checklist, other information about a project,
and the applicable regulations to review the environmental impacts of the project and make a threshold
determination. In making this review the responsible official may determine:
(a) All of the project's probable significant adverse environmental impacts have been adequately identified and
analyzed. If not, additional studies and analyses may be required;
(b) Some or all of the probable significant adverse environmental impacts have been adequately addressed and
mitigated in this UDC and other development regulations adopted by Jefferson County, the Comprehensive
Plan, or in other applicable local, state, or federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use designations, development
standards, or other land use planning required or allowed by the Growth Management Act (Chapter
36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately mitigated, the responsible
official may condition the project with additional mitigation measures or deny the permit;
(c) To determine if the probable significant adverse environmental impacts have been addressed by an existing
rule or law of another agency with jurisdiction, the county shall consult orally or in writing with that agency
and may expressly defer to that agency. In making this deferral, the county shall base or condition its project
approval on compliance with that agency's rules or laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in part on compliance with the
requirements or mitigation measures identified in subsections (2)(b)(i) and (2)(b)(ii), during project review the
county shall not impose additional mitigation under SEPA for those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or mitigation of a project to adopt
or otherwise rely on environmental analyses and requirements under other laws, as provided by SEPA.
(3) Threshold Determination. The "threshold determination" is the decision regarding whether there is a reasonable
likelihood that the project will have a probable significant adverse environmental impact on an element of the
environment. A threshold determination is required for any proposal that meets the definition of an "action" under
WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC 197-11-600(3). The
responsible official shall make and publish the threshold determination for public comment as provided in JCC
18.40.780:
(a) Determination of Significance (DS). If a project may have a probable significant adverse environmental
impact, a DS shall be issued, and an EIS shall be required. In determining an impact's significance, the
responsible official shall take into account the guidance in WAC 197-11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and effects on
environmentally sensitive or special areas; and
(ii) Mitigation measures that will be implemented. The responsible official shall not balance whether
beneficial aspects of a proposal outweigh its adverse environmental impacts in determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse environmental
impact, a DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission of an
environmental checklist and prior to the responsible official's threshold determination on a proposal, an
applicant may ask the responsible official to indicate whether it is considering a DS. If the responsible official
indicates a DS is likely, the applicant may clarify or change features of the proposal to mitigate the impacts that
led the responsible official to consider a DS likely. The applicant shall revise the environmental checklist as
may be necessary to describe the clarifications or changes. The responsible official shall make its threshold
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determination based upon the changed or clarified proposal. If a proposal continues to have one or more
probable significant adverse environmental impacts, even with mitigation measures, an EIS shall be prepared.
The county's indication under this section that a DS appears likely shall not be construed as a determination of
significance. Likewise, the preliminary discussion of clarifications or changes to a proposal shall not bind the
county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a MDNS as provided
in this subsection and in WAC 197-11-350, based on conditions attached to the proposal by the responsible official
or on changes to or clarifications of the proposal made by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS shall be deemed
conditions of approval of the permit decision, and may be enforced in the same manner as any term or
condition of the permit. The county may incorporate implementation or enforcement provisions in the MDNS
and require performance guarantees.
(b) If the tentative county decision on a permit or approval does not include mitigation measures that were
incorporated in a MDNS, the county shall evaluate the threshold determination to assure consistency with
WAC 197-11-340(3)(a) (i.e., withdrawal of a DNS).
(5) The responsible official shall provide for prompt and coordinated review by government agencies and the public
on compliance with applicable environmental laws and plans, including mitigation for specific probable significant
adverse impacts arising from the project that have not been considered and addressed at the plan or development
regulation level. The county may clarify or change features in their own proposal, and may specify mitigation
measures in their DNSs, as a result of comments by other agencies or the public or as a result of additional agency
planning (see WAC 197-11-350).
(6) Durations of comment periods are as provided in JCC 18.40.780. At the end of the comment period the threshold
determination becomes final unless retained, modified, or withdrawn, and the appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final environmental impact statement
(FEIS) and supplemental environmental impact statement (SEIS) are the responsibility of the county under the
direction of the responsible official. Before the county issues an EIS the responsible official must be satisfied
that it complies with this article and with Chapter 197-11 WAC. When a DS is issued, an opportunity will be
provided to comment on the scope of the EIS that will be developed.
(b) The DEIS, FEIS or SEIS will be prepared by the county or by a consultant in accordance with county
procedures established for consultant selection. If the county requires an EIS for a proposal and the responsible
official determines that a consultant will prepare the EIS, the applicant shall be so notified immediately after
completion of the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to provide information the
county does not possess. The applicant is not required to supply information for the purpose of EIS preparation
if such information is not required under this article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is prepared in a
responsible manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all substantive information
submitted through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
(e) The responsible official shall maintain procedures for preparation of EISs in accordance with the above.
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(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff recommendations to
any appropriate decision-making body (e.g., the hearing examiner).
(9) The county shall not take any action on the project permit application until the SEPA appeal period has lapsed.
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810. [Ord. 8-06 § 1]
18.40.770 Substantive authority.
(1) The county may attach conditions to a permit or approval for nonexempt actions pursuant to WAC 197-11-660;
provided, that:
(a) The conditions are necessary to mitigate probable significant adverse environmental impacts identified in
environmental documents prepared pursuant to this code and Chapter 197-11 WAC;
(b) Such conditions are in writing;
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished;
(d) The responsibility to implement the mitigation measures are imposed only to the extent attributable to the
identified adverse environmental impacts of the applicant's proposal, although voluntary additional mitigation
may occur;
(e) The county has considered whether the requirements of the Jefferson County Comprehensive Plan and
development regulations adopted to implement the Plan, as well as other local, state, and federal laws or rules,
provide adequate analysis of and mitigation for probable significant adverse environmental impacts of the
project proposal; and
(f) Such conditions are based on one or more policies in subsection (3) of this section.
(2) The county may deny a permit or approval for nonexempt actions pursuant to WAC 197-11-660; provided, that:
(a) A finding is made that approving the proposal would be likely to result in probable significant adverse
environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this code and Chapter
197-11 WAC;
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are
sufficient to mitigate the identified impact;
(c) The denial is based on one or more policies set forth in subsection (3) of this section.
(3) The county designates and adopts by reference the following county plans, ordinances and policies as the basis
for exercise of county authority pursuant to this article:
(a) The county adopts by reference the policies in the following Jefferson County plans and ordinances:
(i) The Jefferson County Comprehensive Plan, as now exists or may hereafter be amended;
(ii) The Jefferson County Shoreline Master Program, as now exists or may hereafter be amended;
(iii) This Unified Development Code, as now exists or may hereafter be amended;
(iv) The Jefferson County building code, Chapter 15.05 JCC, as now exists or may hereafter be amended;
(v) The Jefferson County flood damage protection ordinance, Chapter 15.15 JCC, as now exists or may
hereafter be amended;
(vi) The Jefferson County stormwater management ordinance, JCC 18.30.070, as now exists or may
hereafter be amended;
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(vii) The Jefferson County Road, Traffic and Circulation Standards, as they now exist or may hereafter be
amended;
(viii) The Secretary of the Interior's Standards for Rehabilitating Historic Buildings; and
(ix) All other county plans, ordinances, regulations and guidelines adopted after the effective date of this
Unified Development Code.
(b) The policies enumerated in RCW 43.21C.020.
(c) The county further designates and adopts the following policies as the basis for its exercise of authority
pursuant to this article. The county shall use all practicable means, consistent with other essential
considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end
that the state and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of the state of Washington and Jefferson County a safe, healthful, productive and
aesthetically and culturally pleasing surrounding;
(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural and natural aspects of our national heritage;
(v) Enhance the quality of renewable resources and approach the maximum attainable recycling of
depletable resources; and
(vi) Achieve a balance between population and resource use, which will permit a high quality of life for all
residents of Jefferson County. [Ord. 8-06 § 1 ]
18.40.780 Public notice and comment.
(1) When the responsible official makes a threshold determination and issues a DNS or MDNS under WAC 197-11-
340(2), the responsible official shall use the "optional DNS process" pursuant to WAC 197-11-355. Under this
process, where the county is the lead agency for a project and the responsible official has a reasonable basis for
determining significant adverse environmental impacts are unlikely, it shall use a single integrated 14 -day comment
period to obtain comments on the notice of application and the likely threshold determination for the proposal. There
will be no second comment period when the DNS or MDNS is issued.
(a) The notice of application shall contain the information regarding the optional DNS process as set forth in
JCC 18.40.190(11), and shall be noticed as set forth in JCC 18.40.210. The notice of application and
environmental checklist shall be sent to agencies with jurisdiction, the Department of Ecology, affected tribes,
and each local agency or political subdivision whose public services would be changed as a result of the
implementation of the proposal, as well as anyone requesting a copy of the environmental checklist for the
specific proposal.
(b) For Type II projects, the threshold determination shall be issued concurrently with the notice of the
administrator's decision on the underlying project, as further set forth in JCC 18.40.320(3).
(c) For Type III projects, the notice of the threshold determination shall be issued concurrently with the notice
of public hearing on the underlying project before the hearing examiner.
(d) If the county indicates on the notice of application that a DNS or MDNS is likely, an agency with
jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to
WAC 197-11-355(3)and 197-11-948.
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(e) Type I projects that are not categorically exempt from SEPA shall be subject to notice of application and
comment period provisions of JCC 18.40.150 through 18.40.220, as well as the notice requirements of this
section.
(f) If a DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with
the notice of application; provided, however, that the DS/scoping notice may be issued before the notice of
application (RCW 36.70B.I 10). If sufficient information is not available to make a threshold determination
when the notice of application is issued, the DS may be issued later in the review process (WAC 197-11-
310(6)). If the responsible official issues a DS under WAC 197-11-360(3), the responsible official shall state
the scoping procedure for the proposal in the DS, as required by WAC 197-11-408, by publishing notice in the
official county newspaper.
(2) If the county issues a DEIS under WAC 197-11-455(5), FEIS under WAC 197-11-560, or SEIS under WAC
197-11-620, notice of availability of the documents shall be given by publishing notice in the official county
newspaper; by notifying groups which have expressed interest in a certain proposal being considered; by notifying
the news media; by sending notice to agency mailing lists; and by other means deemed appropriate by the
responsible official.
(3) The applicant shall be responsible for all costs of the public notice requirements under this article.
(4) Comment periods begin with the publication of notice as provided in this section. Comments must be received
within:
(a) Fourteen calendar days for a DNS or MDNS;
(b) Twenty-one calendar days for a DS and scoping notice. Pursuant to WAC 197-11-408(2)(a)(iii), the date of
issuance for purposes of computing this comment period shall be the date the DS is sent to the Department of
Ecology and other agencies with jurisdiction and is made publicly available; and
(c) Thirty calendar days for a DEIS.
(5) The responsible official shall consider timely comments on the notice of application and either issue a DNS or
MDNS with no comment period using the procedures set forth in Article IV of this chapter and this article; issue a
DS; or require additional information or studies prior to making a threshold determination. A copy of the DNS or
mitigated DNS shall be sent to agencies with jurisdiction, the Department of Ecology, those who commented, and
anyone requesting a copy. A copy of the environmental checklist need not be recirculated.
(6) A DNS or MDNS becomes final at the end of the comment period unless the determination is modified or
withdrawn by the responsible official.
(a) When a DS is withdrawn and a DNS issued, a new notice must be published as provided in this section, and
a 14 -calendar -day comment period provided on the new threshold determination.
(b) When a DNS is withdrawn and a DS issued, a new notice must be published as provided in this section, and
a 21 -calendar -day comment period provided on the new threshold determination and scoping notice.
(c) If modified, the threshold determination becomes final upon publication of notice as provided in this section
by the responsible official. A new appeal period shall then commence.
(7) Notice for public hearings shall be given consistent with this section and JCC 18.40.230, and may be combined
with other notice(s). [Ord. 8-06 § 1 ]
18.40.790 Public hearings and meetings.
(1) If a public hearing on the proposal is held under some other requirement of law, the hearing shall be open to
consideration of the environmental impact of the proposal, together with any environmental document that is
available. This does not require extension of the comment periods for environmental documents.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(2) In all other cases a public hearing on the environmental impact of a proposal shall be held whenever one or more
of the following situations occur:
(a) The county determines that a public hearing would assist it in meeting its responsibility to implement the
purposes and policies of SEPA and its implementing rules;
(b) When 100 or more persons who reside within the county, or who would be adversely affected by the
environmental impact of the proposal, make written request to the lead agency within 30 calendar days of
issuance of the DEIS; or
(c) When two or more agencies with jurisdiction over a proposal make written request to the lead agency within
30 calendar days of the issuance of the DEIS.
(3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no earlier than 15 calendar
days from the date the DEIS is issued, and not later than 50 calendar days from its issuance. Notice shall be given as
set forth in JCC 18.40.780(6).
(4) Whenever a public hearing is held under subsection (2) of this section, it shall be open to discussion of all
environmental documents and any written comments that have been received by the county prior to the hearing. A
copy of the environmental document shall be available at the public hearing.
(5) Comments at public hearings should be as specific as possible (see WAC 197-11-550).
(6) The county may hold informal public meetings or workshops. Such gatherings may be more flexible than public
hearings and are not subject to the above notice and similar requirements for public hearings.
(7) Public meetings held under Chapter 36.7013 RCW may be used to meet SEPA public hearing requirements so
long as the requirements of this section are met. A public hearing under this section need not be an open record
hearing as defined in RCW 36.70B.020(3). [Ord. 8-06 § 11
18.40.800 Critical areas.
(1) Actions identified as categorically exempt from SEPA under JCC 18.40.750(1) shall remain exempt under SERA
even when located in one or more of the ESAs critical areas classified, designated and mapped under ^ ft�'z1-P
of -Chapter 184522 JCC. A threshold determination shall not be required for actions identified as categorically
exempt.
(2) Actions located in one or more ESAcritical areas that are categorically exempt from review under this article,
and which require issuance of a permit or approval under this code or any other applicable county ordinance or
regulation, shall be reviewed, and as necessary, conditioned or denied to assure consistency with the protection
standards contained in ^ i4iele "r P of Chapter 18.4-522 JCC. [Ord. 8-06 § 11
18.40.810 Appeals.
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on Type I permit
decisions may not be appealed administratively to the hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits — Open Record Hearing. The decision of the
responsible official on Type II permits making a threshold determination of a DNS or MDNS, approving a proposal
subject to conditions, or denying a proposal under SEPA's substantive authority may be appealed to the hearing
examiner pursuant to JCC 18.40.280 for an open record appeal hearing. Any such appeal must be filed within the
time limits of JCC 18.40.330(2)(b), and must be consolidated with any appeal on the underlying Type II permit
decision. Any requests for reconsideration shall be governed by JCC 18.40.310.
(3) Appeal of a Threshold Determination for Type III Permits — Open Record Hearing. The decision of the
responsible official on Type III permits making a threshold determination of a DNS, approving a proposal subject to
conditions, or denying a project under SEPA's substantive authority may be appealed to the hearing examiner
pursuant to JCC 18.40.280. The open record public hearing on the SEPA appeal shall be before the hearing
examiner, who shall consider the appeal together with the decision on the project application in a single,
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consolidated hearing as further set forth in Article IV of this chapter. Any requests for reconsideration shall be
governed by JCC 18.40.310.
(4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the responsible official
on Type V decisions (other than a DS) may not be appealed to the hearing examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a DS it shall not be
appealable. In addition, issues relating to the adequacy of the EIS and other procedural issues may not be appealed
under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapter 18.10 JCC, may file a SEPA
appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the threshold determination must be
filed within 14 calendar days after the notice of decision is issued. When the last calendar day (as defined in Chapter
18.10 JCC) of the appeal period is a Saturday, Sunday or legal holiday, the appeal period shall run to the next
business day.
(8) Form of Appeal. A person or group appealing the decision of the responsible official shall submit a written
appeal in the form and manner set forth in JCC 18.40.330(5). Notice of all appeals shall be mailed to all parties of
record not less than 10 calendar days prior to the date of the public hearing to consider the appeal.
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible official's decision, and
shall enter findings and/or conclusions into the record to support the decision. In making the decision, the hearing
examiner shall give deference to and afford substantial weight to the decision of the responsible official. Review
shall be on a de novo basis.
(10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the underlying permit
decision, appeals under this article shall be commenced within such time period. The county shall give official
notice stating the date and place for commencing an appeal.
(a) Optional Limitation Period. If there is no time period for appealing the underlying government action, the
county, applicant for or proponent of an action may use a notice of action pursuant to RCW 43.21C.075 and
43.21C.080. The notice shall describe the action and state time limitations for commencing a challenge to that
action, in a form substantially similar to that provided in WAC 197-11-990. The notice shall be published by
the department, applicant or proponent pursuant to RCW 43.21C.080, and any action to set aside, enjoin,
review or otherwise challenge any such governmental action shall be commenced within 21 days from the date
of the last newspaper publication of the notice of action, as further set forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapter 90.58 RCW, the Shoreline
Management Act. Appeals of SEPA mitigation measures pertaining to projects subject to Chapter 90.58 RCW
shall be made to the shoreline hearings board along with the appeal of the county's shoreline decision, as
further set forth in Chapter 90.58 RCW. In addition, as an alternative dispute resolution process, any SEPA
appeal, whether involving a shoreline issue or not, may be made to the shoreline hearings board upon the
consent of the parties to the action, as further set forth in RCW 43.21C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions of this article whenever he or
she determines that a condition exists in violation of this article or permit issued hereunder. All violations of any
provisions of this article, incorporated standard or permit issued pursuant to this article are made subject to the
provisions of Chapter 18.50 JCC, which provides for voluntary correction, notice and orders to correct the violation,
stop work and emergency orders, and assessment of civil penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to the public health, safety and
welfare and are public nuisances, and may corrected by any reasonable and lawful means, as further set forth in
Chapter 18.50 JCC.
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(13) Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this article
or by law or ordinance, any person who willfully or knowingly violates or fails to comply with any stop work order
or emergency order issued pursuant to Chapter 18.50 JCC is guilty of a misdemeanor and upon conviction shall be
punished as set forth in JCC 18.50.110. Each day such violation or failure to comply continues shall be considered
an additional misdemeanor offense. [Ord. 8-06 § 11
Article XI. Development Agreements
18.40.820 Purpose.
This article establishes the mechanism under which Jefferson County may enter into development agreements as
authorized by RCW 36.70B.170. A decision to enter into a development agreement shall be made on a case-by-case
basis. A development agreement may be appropriate for large, complex or phased projects, or projects which were
not contemplated by existing development regulations or existing application procedures. [Ord. 8-06 § l ]
18.40.830 General requirements.
(1) Discretion to Enter Development Agreement. A development agreement is an optional device that may be used
at the sole discretion of the county, except a development agreement shall be required for applications for master
planned resorts in accordance with JCC 18. 15.126 and major industrial developments in accordance with JCC
18.15.605.
(2) Who May Enter. The property owner(s) and the county shall be parties to a development agreement; provided,
that if a proposed development is within an adopted municipal UGA, the applicable town or city shall also be a party
to the agreement. The following may be considered for inclusion as additional parties in a development agreement:
contract purchasers, lenders, third -party beneficiaries and utility service providers.
(3) Content of Development Agreements. A development agreement shall be prepared by the applicant and shall set
forth the development standards and other conditions that shall apply to and govern the development, use and
mitigation of the property subject to the agreement.
(4) When Development Agreements May Be Approved. A development agreement may be entered into prior to,
concurrent with or following approval of project permits for development of the property.
(5) Consistency with Unified Development Code. The development standards and conditions set forth in a
development agreement shall be consistent with the applicable development regulations set forth in the Unified
Development Code, except in the case of a master planned resort (which requires a site-specific Comprehensive Plan
amendment), where adopted standards may be modified by the development standards contained in the agreement,
so long as all project impacts have been adequately mitigated. However, the minimum requirements related to the
protection of efivirefiffientally Sionsitivecritical areas in ^ i4iel„ "r r, of Chapter 18.4-522 JCC may not be varied by
adoption of any development agreement. [Ord. 8-06 § 1]
18.40.840 Development standards to be addressed.
(1) A development agreement shall include, but need not be limited to, one or more of any of the following types of
development controls and conditions:
(a) Project elements such as permitted uses, residential and nonresidential densities, scale and intensity of uses
and/or building sizes;
(b) Mitigation measures, development conditions and other requirements pursuant to environmental review
under Chapter 43.21C RCW;
(c) Design standards such as maximum heights, setbacks, drainage and water quality requirements, screening
and landscaping and other development features;
(d) Roads, water, sewer, storm drainage and other infrastructure requirements;
(e) Affordable housing;
(f) Recreational uses and open space preservation;
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(g) Phasing;
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(h) Development review procedures, processes and standards for implementing decisions, including methods of
reimbursement to the county for review processes;
(i) Other appropriate development requirements or procedures.
(2) A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities.
Project applicants and governmental entities may include provisions and agreements whereby applicants are
reimbursed over time for financing public facilities.
(3) Development agreements shall:
(a) Establish a process for amending the agreement;
(b) Specify a termination date upon which the agreement expires;
(c) Establish a vesting period for applicable standards; and
(d) Reserve authority to impose new or different regulations to the extent required by a serious threat to public
health and safety. [Ord. 8-06 § I]
18.40.850 Procedures.
(1) A development agreement shall be initiated by a written request from the property owner to the administrator of
the department of community development. The request should describe the project and the specific reasons why the
project is suitable for a development agreement. The request should identify the development standards set forth in
JCC 18.40.840 that the applicant is requesting to be included in the development agreement and any other
reasonable information requested by the county.
(2) If the administrator determines in his or her discretion that a development agreement should be considered by the
county, the property owner shall be so informed, except that development agreements shall be required for the
approval of master planned resorts in accordance with JCC 18.15.126 and for the approval of major industrial
developments in accordance with JCC 18.15.605.
(3) When a development agreement is being considered prior to project permit approvals, the property owner shall
provide the county with the same information that would be required for a complete application for such project
permits in order for the county to determine the development standards and conditions to be included in the
development agreement.
(4) When a development agreement is being considered following approval of project permits, the development
standards and other conditions set forth in such project permits shall be used in the development agreement without
modification.
(5) The county shall only approve a development agreement by ordinance or resolution after a public hearing. The
board of county commissioners may, in its sole discretion, approve the development agreement (see Table 8-1
above). If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW
shall apply to the appeal of the decision on the development agreement.
(6) An approved and fully executed development agreement shall be recorded with the county auditor. [Ord. 8-06 §
1]
18.40.860 Effect.
(1) A development agreement is binding on the parties and their successors, including a city that assumes
jurisdiction through incorporation or annexation of the area covering the property subject to the development
agreement.
(2) A development agreement shall be enforceable during its term by a party to the agreement.
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(3) A development agreement shall govern during the term of the agreement all or that part of the development
specified in the agreement and may not, unless otherwise agreed to in the development agreement, be subject to an
amendment to a local government land use ordinance or development standard or regulation or a new local
government land use ordinance or development standard or regulation adopted after the effective date of the
agreement.
(4) Permits issued by the county after the execution of the development agreement shall be consistent with the
agreement.
(5) Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Chapter 374, Laws of 1995, or this chapter is
intended to authorize the county to impose impact fees, inspection fees, or dedications or to require any other
financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state
law. [Ord. 8-06 § 1
Pursuant to RCW 36.70B.140(2), boundary line adjustments, building and other construction permits, or similar administrative
approvals categorically exempt from environmental review under SEPA (i.e., Chapter 43.21C RCW), or permits/approvals for
which environmental review has been completed in connection with other project permits, are excluded from the provisions of
RCW 36.70B.060, and 36.70B.110 through 36.70B.130.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Jefferson County Code
Chapter 18.42 PERSONAL WIRELESS SERVICE
FACILITIES
Chapter 18.42
PERSONAL WIRELESS SERVICE FACILITIES'
Sections:
18.42.010 Purpose, policy, goals, and interpretation.
18.42.020 Scope and applicability — Exemptions.
18.42.030 Definitions.
18.42.040 Application submittal and content.
18.42.050 Compliance with other regulations.
18.42.060 Colocation policy.
18.42.070 Colocation procedure.
18.42.080 Wireless communications facilities — Types of uses.
18.42.090 Design review standards.
18.42.100 Time limitation — Assignment/sublease.
18.42.110 Grandfathering of existing facilities.
18.42.120 Variances.
18.42.130 Recovery of county costs.
18.42.140 Abandoned facilities.
18.42.150 Enforcement and penalties.
18.42.160 Severability.
Page 1/13
18.42.010 Purpose, policy, goals, and interpretation.
(1) Purpose. This chapter is designed to provide opportunities for the community to be served by personal wireless
service facilities, consistent with the rights of personal wireless service providers as set forth in the Federal
Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 State 56, 31-136, codified at 47 U.S.C. 332(c)),
hereinafter referred to as "the Telecommunications Act" or "the Act," while at the same time providing for an
orderly development of the county and protecting the health, safety, and general welfare of the county's residents
and property owners. This chapter is also intended to comply with section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (H.R. 3630. P.L. 112-96), hereinafter referred to as "section 6409", as implemented by 47
C.F.R. § 1.40001, as it exists now or may be amended in the future.
(2) Intent and Interpretation. These standards are designed to comply with the Act. The provisions of this chapter
shall not be interpreted to prohibit, or to have the effect of prohibiting, telecommunications or personal wireless
services, television broadcast signals, multichannel multi -point distribution services or direct broadcast satellite
services, or to unreasonably discriminate among providers of functionally equivalent services.
(3) Inconsistencies with Other County Regulations. To the extent that any provision of this chapter directly conflicts
with any other county ordinance, this chapter shall control. In all other regards, this chapter shall be construed
consistently with all other county ordinances, regulations and functional plans.
(4) Goals. The goals of this chapter shall be to:
(a) Establish development regulations consistent with the Jefferson County Comprehensive Plan, as adopted
August 28, 1998, or later amended;
(b) Establish personal wireless service facilities development design standards which protect the rural
character, natural beauty, and scenic resources of Jefferson County from adverse environmental, noise, and
visual impacts;
(c) Provide clear and objective approval criteria for locating personal wireless service facilities including
structural safety requirements;
(d) Facilitate efficient development review of applications for personal wireless service facilities and
infrastructure which serve the needs of county citizens and visitors, and promote the goal of universal service;
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(e) Where technologically and structurally feasible, encourage and facilitate colocation of antennas, support
structures and related equipment for wireless communication providers, public service telecommunications, and
emergency service telecommunications;
(f) Require prompt removal of abandoned facilities; and
(g) Encourage the development of personal wireless service facilities on a competitively neutral basis. [Ord. 6-
99 § 1]
18.42.020 Scope and applicability — Exemptions.
(1) Scope. This chapter applies to the location, placement, construction and modification of licensed or unlicensed
personal wireless service facilities as defined in this chapter. Applications for modifications of existing wireless
towers or base stations not meeting the exemptions listed below and that do not substantially change the physical
dimensions of such towers or base stations are considered `uses permitted outright" in all zoning designations. In
addition to any other required permits, all proposals to locate, place, construct or modify a wireless communications
facility shall be subject to the appropriate design review standards set forth in this chapter.
(2) Exemptions. The following personal wireless service facilities are exempt from the provisions of this chapter:
(a) Governmental wireless communication facilities used for temporary emergency communications in the
event of a disaster, emergency preparedness and public health or safety purposes;
(b) Two-way communication transmitters used by fire, police, and emergency aid or ambulance services;
(c) Citizen band radio transmitters and antennas or antennas operated by federally licensed amateur ("ham")
radio operators;
(d) Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or
replacement of transmitters, antennas, or other components of previously approved facilities which do not
create a change in visual impact;
(e) Military and civilian radars and marine vessel traffic communication facilities, operating within FCC
regulated frequency ranges, for the purpose of defense, marine or aircraft safety;
(f) Temporary personal wireless service facilities; provided, that the county is notified in advance of the need
for such facilities and the duration of their use; and
(g) Existing facilities, subject to the requirements of JCC 18.42.100. [Ord. 6-99 § 1]
18.42.030 Definitions.
(1) General. The words used in this chapter shall have the meaning given in this section. The definition section of
Chapter 18.10 JCC, as now or later amended, shall also apply. The definition of any word or phrase not listed in this
section or in Chapter 18.10 JCC which is in question when administering this chapter shall be defined from one of
the following sources. The sources shall be utilized by finding the desired definition from source number one, but if
it is not available there, then source number two may be used and so on. The sources are as follows:
(a) The 1996 Telecommunications Act and the implementing FCC regulations;
(b) Any Jefferson County resolution, ordinance, code, regulation or formally adopted comprehensive plan,
shoreline master plan or program or other formally adopted land use plan;
(c) Any statute or regulation of the state of Washington;
(d) Legal definitions from Washington common law or a law dictionary;
(e) The common dictionary.
(2) Specific Definitions.
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(a) "Alternative structure" means any building, roof, water tank, flagpole, steeple, utility pole or other type of
structure to which any type of antenna or antenna array and associated equipment are affixed. Any device
which is used to attach an antenna or antenna array to an alternative structure is excluded from the definition of
and regulations applicable to alternative structures.
(b) "Antenna" means a device commonly in the form of a metal rod, wire panel or dish, for transmitting or
receiving electromagnetic radiation. An antenna is typically mounted on a support structure, such as a tower,
pole, mast, or building.
(c) "Antenna array" means one or more devices, whips, panels, dishes, rods or similar devices used for the
transmission or reception of radio frequency signals, microwave or other signals for telecommunications
purposes. One or more such devices affixed or attached to a support structure or to an alternative support
structure are included in the definition of antenna array.
(d) "Attached wireless communications facility" means a wireless communications facility that is affixed to an
existing structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank,
utility pole, or light pole, that does not include a new tower.
(e) "Camouflaged" is the use of shape, color and texture to cause an object to appear to become a part of
something else, usually a structure such as a building, wall, flagpole, street pole, or roof. Camouflage does not
mean "invisible," but rather "appearing as part of or exactly like the structure used as a mount."
(f) "Colocation" means the placement of two or more antenna systems or platforms by separate FCC license
holders on a support structure or alternative support structure.
(g) "Concealed" means fully hidden when viewed from ground level, adjacent rights-of-way, adjacent
properties or viewscapes. For example, a personal wireless service facility is concealed when it is integrated
with, or contained within, a structure such as a building, wall or roof that is not a telecommunications facility.
(h) "Director" means the director of the Jefferson County department of community development or his or her
designee.
(i) "Equipment enclosure" is a structure, shelter, cabinet, box or vault designed for and used to house and
protect the electronic equipment necessary and/or desirable for processing wireless communication signals and
data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or back-up
power supplies or emergency generators.
0) "FCC" refers to the Federal Communications Commission.
(k) "Guyed tower" is a monopole or lattice tower that is stiffened or anchored to the ground or other surface by
cables.
(1) "Height" is the vertical distance measured from the lowest pre-existing ground level within the footprint of
the facility to the highest point on the facility, not including the antenna array.
(m) "Lattice tower" is a framework composed of cables, straps, bars, or braces, forming a tower that may have
three, four or more sides.
(n) "Licensed carrier" means any person, firm, or entity licensed by the FCC to provide personal wireless
services and which is in the business of providing the same.
(o) "Microcell" means a wireless communications facility meeting the fallowing definition set fat4h in W
o, 11 800(27) 9912A Rules: consisting- of an antenna that is either no more than four feet in height and with
an area of not more than five hundred eighty square inches or, if a tubular antenna, no more than four inches in
diameter and no more than six feet in length.
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Consisting of an antenna that is either no more than four feet in height and with an area of not
more than five hundred eighty square inches or, if a tubular antenna, no more than four inches
in diameter and no more than six feet in length.
(p) "Monopole" is a vertical self-supporting structure consisting of a single vertical pole that is typically round
or flat -sided. The term "monopole" also includes the attached panel, parabolic or whip antenna or antenna
array.
(q) "MounC means any mounting device or bracket that is used to attach an antenna or antenna array to a
support structure or alternative structure.
(r) "Substantial change" shall mean and refer to the criteria set forth in this chapter at JCC 18.42.145.
(i s) "Temporary personal wireless service facility" is a nonpermanent personal wireless facility installed for a
limited period of time, does not have a permanent foundation, and is placed in use for the purpose of evaluating
the technical feasibility of a particular site for placement of a personal wireless facility or for providing
emergency communications during a natural disaster or other emergencies which may threaten the public
health, safety and welfare. Examples include, but are not limited to, placement of an antenna upon a fully
extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for
placement of a personal wireless facility.
(st) "Tower," as used in this chapter, is a structure designed and constructed specifically to support an antenna
array, and may include a monopole, self-supporting (lattice) tower, guy -wire support tower and other similar
structures. Any device that is used to attach an antenna or antenna array to an existing support structure is
excluded from the definition of and regulations applicable to towers.
(tu) "Wireless communications facility (WCF)" is a nonstaffed facility for the transmission and/or reception of
radio frequency (RF) signals, usually consisting of an antenna array, equipment shelter, cabinet or other
enclosed structure containing electronic equipment, a support or alternative support structure, antennas or other
transmission and reception devices.
(wv_) "Wireless communications" shall mean any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications
services including cellular, personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the
future be developed. [Ord. 6-99 § 1]
18.42.040 Application submittal and content.
(1) Submittal Requirements. In order to be considered a complete application, all applications for a wireless
communications facility shall be subject to the general application requirements of the land use procedures in this
title and the following additional requirements:
(a) Name, address, and telephone number of the applicant and all co -applicants as well as any representative for
the applicant or co -applicants:
(i) The wireless communication service provider shall be the applicant or co -applicant. The applicant shall
demonstrate that it is an FCC -licensed telecommunications provider or that it has agreements with an
FCC -licensed telecommunications provider for use or lease of the antenna or tower;
(ii) Co -applicants shall include the record landowner of the subject property, or lease, easement or
property license holders, and any utility providers owning utility poles upon which facilities are proposed
to be located;
(b) The name and telephone number of a person responsible for the facility, capable of responding
immediately;
(c) A recorded survey of the subject parcel;
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(d) A county -wide map showing the location of the proposed facility and the location of any existing facilities
of the applicant within the county. The map shall identify the location of all towers and alternative structures by
latitude and longitude and be provided in a computer data format that is compatible with the Jefferson County
IDMS system;
(e) A vicinity map depicting the area immediately around the proposed site, showing the Comprehensive Plan
land use designation, the zoning designation, and the property lines of the subject property and of all
immediately adjacent properties as depicted on the current Jefferson County assessor's maps;
(f) A list of tax parcels and their owners prepared by a title company for all properties for which public notice is
required pursuant to this chapter;
(g) A site plan depicting the proposed and existing improvements on the property. The site plan shall include a
plan view and elevations, and contain the following information, as applicable: dimensions and shape of lot;
dimensions and location of existing and proposed buildings and structures, including setbacks, and a notation of
their purpose (e.g., residential buildings, garages, accessory structures, etc.); adjacent street names and all
proposed points of access and parking layout; preliminary grading plan depicting proposed and existing grades;
storm drainage; elevations for all proposed improvements on the site; utilities; easements and deed restrictions;
and any other built or natural features restricting use of the property. Additional information regarding the
surrounding topography, tree coverage and foliage may be required as necessary to review applications subject
to Type II review by the community development director and Type III review by the hearing examiner;
(h) A written description of the proposed facility and the building or structure upon which it is proposed to be
located, including the technical reasons for the design and configuration of the facility, as well as design
information and dimensional information (e.g., equipment brochures, color and material boards, etc.);
(i) Information necessary to determine the intended service area of the facility which may include a map of the
intended service area;
0) For applications that propose construction of new wireless communications towers in rural residential or
commercial crossroads districts or agricultural lands, photographic views from significant points in the
"viewshed" showing the existing appearance and photo simulations depicting the appearance after the proposed
facility is installed;
(k) A landscape plan consistent with JCC 18.42.090, Design review standards;
(1) For all applications that require conditional use review, a written analysis by the applicant, including
appropriate analysis by a qualified telecommunications engineer, describing the proposed location within the
geographic service area; the good faith efforts and measures taken to secure a location where the facility would
be permitted outright; how and why such efforts were unsuccessful; and, how and why the proposed site is
essential to meet service demands for the geographic service area;
(m) For all applications for new towers that do not propose colocation of facilities, the applicant shall comply
with the colocation protocol as set forth in JCC 18.42.070.
(2) Cost of Submittals. All application requirements shall be at the applicant's own expense. All applications shall
be accompanied by a non-refundable application fee as further set forth in JCC Appendix VI, Permit Center,
Development Review Division Fee Schedule.
(3) The director shall determine when and if the application for a wireless telecommunications facility is complete
based on the requirements of JCC 18.40.110. [Ord. 6-99 § 1]
(a) If an application is determined to be incomplete, and additional information requested by the county is provided,
the county has ten days to notify the applicant if the supplemental information is also incomplete. In both cases, the
county must identify the code section or publically stated requirement that requires the missing information.
(b) Under 47 C_FR. § 1.40001, as it exists now or may be amended in the future, the county must approve all
applications for collocation or modification that is not a substantial change within 60 calendar days (not including
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any time during which "tolling" has occurred — stopping the clock while awaiting requested additional information
from the applicant).
18.42.050 Compliance with other regulations.
(1) Compliance with Other Regulations. All construction of personal wireless service facilities shall also be subject
to the requirements of the county building code, Chapter 15.05 JCC, and all codes adopted by reference in JCC
15.05.030 including, but not limited to, the Uniform Building Code (UBC), the National Electrical Code (NEC), the
requirements of the National Electronics Industries Association/Telecommunications Industries Association
(EIA/1'IA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures" and any additional applicable standards published by the Electronics Industries Association,
the Uniform Fire Code; Article VI -D et seq. of Chapter 18.15 JCC, environmentally sensitive areas; and the
Jefferson County Shoreline Management Master Program, Chapter 18.25 JCC.
(2) Emergency Response System. All personal wireless facilities service providers shall be integrated into the local
emergency response system.
(3) Right -of -Way Facilities. All facilities located in any developed or undeveloped public road or right-of-way shall
be governed by the applicable sections of this code and related policies governing the placement of utilities and
other facilities in public rights-of-way including, but not limited to, Division III of JCC Title 13. [Ord. 6-99 § 1 ]
18.42.060 Colocation policy.
(1) The number of wireless communication towers shall be minimized to the greatest extent feasible through
coloration of wireless communications facilities and attachment of wireless communications antennas to existing
alternative structures.
(2) Installation of Accessory Equipment Shelters. Any provider who is authorized to colocate on an existing tower
or alternative structure as provided above shall also be authorized to install any necessary accessory equipment
shelter and related equipment at or near the base of the tower or alternative structure or within the structure;
provided, that the equipment shelter and related equipment comply with the development standards (i.e., setbacks,
height limitations, bulk, landscaping and screening, etc.) of the applicable zone as set forth in Chapter 18.30 JCC
and the wireless facility design standards as set forth in JCC 18.42.090.
(3) Preserving Landscaping and Buffering. To the greatest extent practicable landscaping that was required as a
condition of approval of a wireless communications facility should not be removed in order to construct an
accessory building or equipment for an additional colocated facility. If any such landscaping is removed, the
applicant shall be required to replace it with the equivalent quantity and type of landscaping in a manner to achieve
the original intent. [Ord. 6-99 § 1 ]
18.42.070 Colocation procedure.
Colocation of antennas by providers is not always feasible for technical or business reasons. However, if all licensed
providers are made aware of any pending tower or antenna permit applications, providers will be able to investigate
all reasonable accommodations and maximize opportunities for coloration. This section establishes a process that
will enable providers to equitably share publicly available, nonproprietary information among themselves, with
interested persons and agencies, and with Jefferson County at the time the provider schedules a preapplication
conference.
(1) Preapplication Requirement. A preapplication conference is required for all proposed new towers.
(2) Request Letter Requirement. At the time a preapplication conference is scheduled, the applicant shall
demonstrate that the following notice was mailed to all other wireless providers licensed to provide service within
Jefferson County:
Pursuant to the requirements of the Jefferson County Wireless Telecommunications Facilities
Ordinance, Chapter 18.42, JCC, (wireless provider legal name here) is hereby providing you
with notice of our intent to meet with the Jefferson County Department of Community
Development for a preapplication conference to discuss our proposal to construct a wireless
communications facility tower at (general location and section, township and range). We
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Chapter 18.42 PERSONAL WIRELESS SERVICE
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propose to construct a feet high tower for the purpose of providing (cellular, PCS, etc.)
service.
Please inform us whether you have any existing or pending wireless facilities located within
(distance in feet) of the proposed facility, that may be available for colocation opportunities.
Please provide us with this information within 10 business days after the date of this letter.
Your cooperation is appreciated.
Sincerely, (preapplication applicant, wireless provider).
Copies of all responses to the request letter shall be submitted to the county and made a part of the application file.
(3) To Analyze the Feasibility of Colocation. If a response to a colocation request letter is received by an applicant
indicating an opportunity for colocation, the applicant shall make a good faith effort to analyze the feasibility of
colocation. This analysis shall be submitted with an application for any new tower.
A good faith effort to investigate the feasibility of colocation shall be deemed to have occurred if the applicant
submits all of the following information:
(a) A statement from a qualified engineer indicating whether the necessary service can or cannot be provided
by colocation at the potential colocation site;
(b) Evidence that the lessor of the potential colocation site either agrees or disagrees to colocation on their
property;
(c) Evidence that adequate site area exists or does not exist at the potential colocation site to accommodate
needed equipment and meet all of the site development standards;
(d) Evidence that adequate access does or does not exist at the potential colocation site;
(e) Nonproprietary technical information to evaluate the feasibility of colocation.
(4) A covenant of good faith and fair dealing shall be a condition of any permit for a new wireless facility tower
issued under this chapter. In the event that a dispute arises as to whether an applicant has exercised good faith
related to an offer of colocation by another provider, the county may require a third -party technical study at the
expense of the applicant. [Ord. 6-99 § I]
18.42.080 Wireless communications facilities — Types of uses.
Certain areas of the county are more appropriate than others for the location of wireless communication facilities
because of the existing development in the area or on a site, the types of buildings already existing at the location,
the existence of similar or compatible facilities at the particular location, the commercial or industrial zoning
designation of the area, and/or the suitability of the particular location based on the technical requirements of the
wireless telecommunications services industry. Locating facilities in such areas can reduce adverse visual and
aesthetic impacts of wireless communication facilities and enhance the health, safety and welfare of county
residents.
The type of wireless communications facility and its size may also result in differing impacts. Wireless facilities that
require construction of new towers may have greater impacts than facilities that colocate antennas on existing towers
or alternative structures. Wireless facilities that are mounted on new towers that are greater than 60 feet in height
may have greater impacts than facilities that are mounted on support structures 60 feet or less in height.
The appropriate type of review for wireless communications facilities applications shall therefore be based on the
zoning district of the proposed site and the nature and size of the proposed facility as set forth in Table 13-1,
Permitted and Conditional Allowable and Prohibited Uses, and further described below.
(1) Uses Permitted Outright. The following wireless communications facilities shall be permitted outright, subject to
the appropriate wireless communications facility design review standards set forth in JCC 18.42.090:
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(a) Attached or colocated wireless communications facilities on existing structures in designated forest lands
and all commercial and industrial districts.
(b) Attached or colocated wireless communications facilities on existing structures in all residential districts
that are microcells as defined in WAC 197-11-800(27), SF -PA Rules, provided they are not attached to a school
or residence.
(c) Wireless communications facilities with new towers less than 60 feet in height in designated forest lands
and all industrial districts except resource-based industrial zones.
(2) Uses Subject to Type II Land Use Review. The director shall review the following uses as a Type II land use
application, subject to the appropriate wireless communications facility design review standards set forth in JCC
18.42.090:
(a) Attached or colocated wireless communications facilities on existing structures in all residential districts
that are not microcells as defined in WAC 197-11-800(27), SEPA Rules, or that are microcells attached to a
school or residence.
(b) New wireless facility towers less than 60 feet in height in all residential and commercial districts and
resource-based industrial zones.
(c) New wireless facility towers 60 feet or more in height in designated forest lands and all industrial districts
except resource-based industrial zones.
(3) Uses Subject to Type III Land Use Application Review as Conditional Uses. The hearing examiner shall review
the following uses as a Type III application, subject to the appropriate wireless communications facility design
review standards set forth in JCC 18.42.090:
(a) New wireless facility towers 60 feet or more in height in all residential and commercial districts and
resource-based industrial zones.
(b) All wireless communications facilities in designated agricultural lands.
Table 13-1
Permitted and Conditional Allowable and Prohibited Uses: Wireless Communication Facilities
Table 1:
District
CC
NVC
GC
RVC/VCC
LI/C
LI
HI
R-5
R-10
R-20
General
Rural
Convenien
Neighborho
Commerci
Village
Light
Light
Mill
Residenti
Residenti
Residenti
cc
od Visitor
at
Center/Villa
Industrial/Associa
Industri
Heavy
al -5
at —10
at — 20
Crossroad
Crossroads
Crossroad
ge
ted Commercial
at
Industn
Acres
Acres
Acres
s
Commercial
at
Use
I
Is
Center
Attache
Yes
Yes
Yes
Yes
Yes
Yes
Yes
C�Yes
C{a4les
C{a lYes
d or
colocate
d
New
C(a)
C(a)
C(a)
C(a)
Yes
Yes
Yes
C(a)
C(a)
C(a)
towers,
less
than 60
feet in
height
New
C
C
C
C
C(a)
C(a)
C(a)
C
C
C
towers,
60 feet
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District
CC
NVC
GC
RVCNCC
LI/C
LI
HI
R-5
R-10
R-20
Rural
Convcmen
General
Village
Mill
cc
Neighborho
Commerci
CenterNilla
Light
Light
Heavy
Residenti
Residenti
Residenti
ad Visitor
al
Industrial/Associa
Industri
al -5
al —10
al — 20
Crostri
sroad
Crossroads
Crossroad
gc
ted Commercial
al
Inch
Acres
Acres
Acres
Commercial
Use
s
Center
or more
in
height
Notes:
Yes — Permitted outright, subject to building permit and design standard review, requiring a Type I review process.
C(a) — Conditional administrative use, requiring a Type II review process.
C — Conditional use review, requiring a Type III review process.
[Ord. 6-99 § 11
18.42.090 Design review standards.
The design review standards set forth in this section are intended to ameliorate potential visual, aesthetic, and safety
concerns while facilitating growth of an industry that is important to the county's economic health and whose
services are demanded and required by an increasing number of the county's residents, businesses, workers, and
visitors.
When reviewing an application for proposed wireless communications facility, including accessory equipment
shelters and enclosures and security fencing, the county shall apply the following design standards. The county shall
approve, approve with conditions, or deny applications based upon compliance with the following standards.
(1) Wireless Facility Design Review Standards — General.
(a) Wireless communications facilities including attached or colocated antennas, towers, and equipment
enclosures shall be painted a non -reflective color that blends with the surroundings. Appropriate colors may
include earth tones and muted grays, blues, and greens in broken patterns.
(b) Tower Spacing. New wireless facility towers shall not be allowed within 2,000 feet of an existing tower,
unless the applicant demonstrates through the colocation procedure set forth in JCC 18.42.070 that colocation
on the existing tower is not feasible. Such demonstration shall include but not be limited to a structural analysis
of the existing tower provided by a structural engineer licensed in the state of Washington.
(c) Tower lighting shall not be allowed except as required by the FAA.
(d) Setbacks. For all new towers that are 60 feet or less in height, the standard setbacks of the underlying zone
shall apply. For all new towers that are greater than 60 feet in height, the standard setbacks of the applicable
zone shall be increased by one foot for every one foot of additional height above 60 feet; provided, that this
requirement may be waived by the director or hearing examiner, as appropriate, based on a finding that lesser
setbacks and/or the use of additional screening are adequate to ameliorate aesthetic and visual impacts. All
equipment shelters shall comply with setbacks of the applicable zone.
(e) Fencing and Security. Wireless facility towers and accessory equipment shall be enclosed by a minimum
six-foot high security fence, as required for public safety.
(f) Equipment Enclosures.
(i) Ground -mounted equipment enclosures shall be the smallest size practicable.
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(ii) Equipment enclosures mounted on alternative structures shall not extend more than six feet above the
height of adjacent portions of the structure that screen the equipment enclosure. If mounted on buildings,
equipment enclosures shall be placed within the interior of buildings, whenever technically feasible. If
located on the roof of a building, equipment enclosures shall either be concealed or camouflaged with a
design that is architecturally compatible with the building.
(g) Noise generated by a wireless facility shall not exceed the maximum environmental noise levels set forth in
Chapter 173-60 WAC as it is now in effect or hereafter amended.
(h) Landscaping and Screening.
(i) A landscaping plan shall be submitted with all applications for towers and equipment enclosures in
commercial and residential districts and in agricultural lands. Landscaping shall be placed outside the
security fence and shall consist of fast-growing vegetation with a minimum planted height of six feet,
placed so as to form a solid hedge within two years of planting.
(ii) Existing vegetation that conceals or screens a proposed facility from view (including antennas, towers,
and equipment enclosures) shall be preserved to the greatest extent feasible consistent with the operation
of the facility. If existing vegetation is not adequate to screen the facility, additional vegetation shall be
planted in order to adequately screen the facility. For all screening, the use of trees with significant height
and fullness upon maturity shall be required.
(iii) If it is not possible to achieve adequate screening by preserving vegetation on the site, the wireless
facility provider shall lease or secure an easement for additional land to preserve existing significant
vegetation or to allow the planting of additional vegetation.
(i) Camouflage and Concealment. Wireless communications facilities shall blend with and not disturb the
visual character of their settings to the greatest extent practicable.
0) Security lighting for equipment enclosures shall be minimized. It shall be oriented downward and shielded
so that the light falls only within the boundaries of the property and shall be triggered only by a motion sensor
(k) Signs and Symbols. Signs, symbols, flags, banners or other devices shall not be attached to or painted or
inscribed upon any tower or antenna; provided, that the flags of the United States and the state of Washington
may be flown from towers and antennas disguised as flag poles. A telephone number and person to call for
information or in the event of an emergency shall be posted at the site.
(1) Security and Maintenance. The provider and co -applicants shall protect the facility from unauthorized access
consistent with the purpose of protecting the public health, safety and welfare. The provider and co -applicants
shall maintain the facility in a good and safe condition and preserve its original appearance and concealment or
camouflage elements incorporated into the design at the time of approval. Such maintenance shall include, but
not be limited to, such items as painting, structural repair, repair of equipment and maintenance of landscaping.
(m) Antenna Mounting.
(i) Roof -mounted antennas and/or antenna arrays located on alternative structures shall be concealed when
viewed from ground level adjacent to the structure unless this is not technically feasible, in which case the
antennas or antenna arrays shall be camouflaged to the extent practicable.
(ii) Side -mounted antennas shall be mounted flush on the exterior wall of the building and not project
above the wall on which it is mounted. If this is not technically possible, such antennas shall either be
concealed or camouflaged into the building design to the extent practicable.
(2) Wireless Facility Design Review Standards — Conditional Uses. In addition to the wireless facility general design
review standards set forth in subsection (1) of this section, wireless communication facilities subject to conditional
use review shall comply with the following design review standards:
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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(a) Protecting Points of Visual Interest. Views toward the following points of visual interest from residential
structures located within 250 feet of a proposed wireless communications facility subject to conditional use
review shall be protected from significant degradation to the greatest extent practicable:
(i) Mountains;
(ii) Marine waters and shorelines;
(iii) Public parks and significant public open spaces;
(iv) Historic structures.
The applicant for a conditional use wireless communications facility shall either demonstrate that the points of
visual interest listed above will not be significantly degraded by the proposal or demonstrate that a significant
wireless telecommunication service can only be provided by development of the proposed facility.
(b) Methods for Protecting Points of Visual Interest. The following options may be used to protect the points of
visual interest listed above:
(i) Use alternative facility designs and locations on the parcel to minimize the degradation of views from
residences to the point of visual interest;
(ii) Maintain existing trees and shrubs on the site and/or provide additional landscaping;
(iii) Obtain leases or easements for the life of the proposal to protect trees and shrubs on adjoining
properties that will screen the proposed facility or to allow the planting of additional trees and shrubs.
(c) In the event that it is not practicable to protect the visual points of interest listed above from significant
degradation, the applicant for a conditional use wireless communications facility shall minimize the visual
effect to the greatest extent practicable and shall also demonstrate through appropriate analysis that:
(i) There are no other locations within the same parcel where the visual effects would be less;
(ii) Colocation or attachment on an alternative structure within the service area is not feasible;
(iii) Development on an alternative site with decreased visual effects within the service area is not feasible.
[Ord. 6-99 § 11
18.42.100 Time limitation — Assignment/sublease.
(1) Time Limitation. A land use permit for a wireless facility shall automatically expire and become void if the
applicant fails to obtain a building permit within one year of the effective date of the permit. The director may
extend the permit for a period of one year; provided, that the applicant files a written request for extension not less
than 60 days prior to the expiration that specifies good cause for the extension.
(2) Permit Transferable — Assignment/Sublease of Permitted Sites. If a provider transfers, assigns, or subleases a
wireless communications facility, a copy of the land use agreement and FCC license shall be submitted in writing to
the director, as well as the name and telephone number of a person responsible for the facility, who is capable of
responding immediately. [Ord. 6-99 § 1]
18.42.110 Grandfathering of existing facilities.
All facilities existing on July 12, 1999, shall be allowed to continue as they presently exist and will be considered
nonconforming uses where they do not conform to this chapter. Routine maintenance shall be allowed; however, any
physical change or alteration to the appearance, size or operation of the facility shall be subject to the appropriate
review requirements of this chapter. [Ord. 6-99 § 1]
18.42.120 Variances.
Any applicant may request a variance from the requirements established by this chapter. Such request shall be
processed according to the procedures and criteria for variances in Article IX of Chapter 18.40 JCC. In granting any
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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Chapter 18.42 PERSONAL WIRELESS SERVICE
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variance the hearing examiner shall also find that: (1) there are no significant aesthetic or safety effects on adjoining
properties as a result of the proposed variance; and (2) in the case of a historic building or structure, the variance
will provide for effective concealment or camouflaging of the facility. [Ord. 6-99 § I]
18.42.130 Recovery of county costs.
Each permit granted pursuant to this chapter is conditioned on the requirement that the permittee reimburse the
county for all direct and indirect expenses reasonably incurred related to the application review or to the
modification or amendment of the permit. [Ord. 6-99 § 1 ]
18.42.140 Abandoned facilities.
(1) A wireless communications facility which has been unused for a period of 180 consecutive days is hereby
declared abandoned. Abandoned facilities shall be removed by the property owner within 180 days from date of
abandonment. Failure to remove an abandoned facility shall be considered a public nuisance subject to penalties.
Upon written application, prior to the expiration of the 180 -day period, the director shall in writing grant a 180 -day
extension for reuse of the facility. Additional extensions beyond the first 180 -day extension may be granted by the
director, subject to any conditions required to bring the project or facility into compliance with current law(s) and
make it compatible with surrounding development.
(2) Costs. If an abandoned facility is not removed within 180 days or a longer period of time determined in writing
by the director, the county shall have the authority to enter the property and remove the facilities. All reasonable and
documented costs of such removal shall be charged to the provider and/or landowner of record. [Ord. 6-99 § 1]
18.42.145 Substantial Change criteria
A proposed wireless facilities modification will substantially change the physical dimensions of an eli ible support
structure if it meets any of the following criteria:
(1) For wireless towers other than towers in the public rights-of-way, it increases the height of the tower by more
than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna
not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the
structure by more than 10 percent or more than 10 feet, whichever is greater. Changes in height should be measured
from the original support structure in cases where deployments are or will be separated horizontally, such as on
buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the
passage of the Spectrum Act. l
(2) For wireless towers other than towers in the public rights-of-way, it involves addingappurtenance to the body
of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than
six feet.
(3) For any support structure, it involves installation of more than the standard number of new equipment cabinets
for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground
cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent
larger in height or overall volume than anv other ground cabinets associated with the structure:
4) It entails anv excavation or deolovment outside the current site
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the sitin�l approval of the construction or modification of the
eligible support structure or base station equipment; provided, however, that this limitation does not apply to any
modification that is noncompliant only in a manner that would not exceed the thresholds identified in this section.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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18.42.150 Enforcement and penalties.
Enforcement and penalties for violations of this chapter shall be subject to Chapter 18.50 JCC, or as hereinafter
amended. [Ord. 6-99 § 1]
18.42.160 Severability.
If any clause, sentence, paragraph, section or part of this chapter or its application to any person or circumstance is
held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the
validity or constitutionality of the remainder of any part of this chapter. To this end, the provisions of each clause,
sentence, paragraph, section or part of this law are declared severable. [Ord. 6-99 § 1]
Code reviser's note: The provisions of Ordinance 6-99, as codified in this chapter, also appeared as Appendix C to Ordinance
11-00.
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.