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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 5 1]
18.40.500 Scope.
This article shall apply to each application for a conditional use permit. Only those uses indicated by a
"C(ali' "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 5 1]
18.40.510 Application submittal and contents.
(1)The application for a conditional use permit shall be submitted to DCD on forms provided bythe
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 5 U
L8.40.520 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 ll land use decisions established
in Article lV of this chapter.
(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 ll land use decisions
established in Article lV 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 lll land use decisions established in
Article lV of this chapter.
(a) Required Findings. Priorto 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) ln 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) ln 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 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).
(c) Discretion of the Administrator. The administrato/s decision to refer an application to the hearing
examiner under this subsection to be processed as a Type lll 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 lll
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 forType lll land use decision established in Article lV of this chapter. [Ord. 8-06 5 1]
1.8.40.530 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(ali' "C(d)" ot "C"l 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;
(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 code and any
other applicable local, state or 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;
(j) 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
(l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area.
(2) ln instances where allof 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 ll, Project
Permit Applications (Type I - lV), 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 bythe land use
districU
(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. ln 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) ln 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.
(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.
lord.8-06 5 1l
18.40.540 Additiona I 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) lncrease 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 5 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 untilthe conditional use permit is approved and becomes effective. [Ord. 8-06 5 1J
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 S 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 ll land use decision pursuant to JCC I8.40.27O. [Ord.8-06 S 1l
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 5 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
(3) The permit is being exercised contrary to the terms of approval. [Ord. 8-06 5 1l
18.40.600 Assurance device.
ln 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 S 1]
18.20.295 Recreational marijua na/cannabis.
(1) General Provisions. ln 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. ln the event of
conflicts, the more restrictive measure shall apply. ln 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 processo/' 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 bythe State Liquor Control Board to sell useable
marijuana and marijuana-infused products in a retailoutlet.
(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 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:
y' ("l,Production. Allowed as a yes use in agriculturalzoning district, rural industrialand 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.
,l// (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 (ULl) 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.
(a)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.
(l) 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, lF - 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.
___A(l) Five percent of gross parcelsize in square feet, up to a maximum of 2!,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.
-=>{cl
Processing in the forest and rural residential zoning districts is allowed subject to a conditionalt
discretionary (C(d)) use permit per JCC L8.2O.17O, cottage industry standards, and as consistent with this
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section, recreational marijuana. ln addition to the maximum structure size of 5,000 square feet for a
processing structure authorized as a cottage industry per JCC 78.20.L7O(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 (+XaXi) 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 marijua na performance standards.
V (e)Norecreationalmarijuanaoperationmaybepermittedasahomebusiness.Allrecreational
marijuana activities are subject to the applicable requirements of Chapters 18.20 and 18.30 JCC.
y' (tl Outdoor Producing. Alloutdoor producing activities in rural residentialand 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.
y' tgl Landscape Screening. All recreational marijuana activities shall have Type "A" landscape screening
from adjacent parcels, perJCC 18.30.130, development standards.
l/ (hl Setbacks. All recreational marijuana structures and activities in agriculture, commercialforest, 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. ln the event of conflict, the more restrictive measures shall apply.
V ,(il Cameras. Any security cameras proposed for a recreational marijuana facility shall be positioned so as
to not intrude on the privacy of adjacent parcels.
V 0) Any fence eight feet or taller shall be located a minimum 25 feet from all parcel property lines.
TORecreational marijuana activities and facilities shallcomply 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 78.20.220,
lndustrial uses - Standards for site development.
f,/ll Att 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-L5 S 5 (Att. D)]
18.20.170 Cottage industry.
(l) Purpose. To provide for small-scale economic development activities on residential parcels,
subordinate to the primary residential use, if the administrator frnds 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 ofantiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(0 Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
0) Small equipment repair;
(k) Woodworking shop;
(l) Excavating contractors;
(m) Small engine and boat repair; and
(n) Auto and ffuck repair and service (excludes auto and tmck sales, fuel stations and heavy
equipment repair).
(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 I 8. I 5 JCC) and when located on parcels
with direct access to a principal arterial (i.e., Highway l0 I ) 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-scalefurniturestripping.
(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.
/ (u) 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.
l/t @) 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 offthe subject
property.
f @) 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 offthe subject property, and two for the
owners of the property. All parking spaces shall meet the standards of JCC 18.30.100.
r'@) 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.
r' O 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 ofadjacent residences./'y'@ All coftage 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.
,,/<n> 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.
V \i) No business may provide drive-through service.
,/Ol 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 ofthe public.
,,/<tl The granting of the proposed cottage industry use shall not constitute arezone. No expansions of
approved cottage industries are permitted, except as specified in Article VI-L of Chapter I 8. l5 JCC,
Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area,
.concerning the rural remote overlay districts.
,r/ <^> No exterior display of goods for sale shall be allowed.
y' (n) The cottage enterprise is an accessory use to the residential use ofa dwelling unit, and the
residential function of the buildings and property shall be maintained.
y' (o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so
that it is in character with neighboring properties. ln no case shall more than 5,000 square feet of total
building area on the property be devoted to the cottage industry.
V',Ol 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.y'@ Minimum parcel size shall be one acre gross site area.
/ (t) 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.
r'O Not more than one cottage industry shall be allowed in or on the same premises.
17 @) 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 $ 1]
18.10.010
"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 spe-
cific 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 commer-
cial district shall be considered as "adjacent."
"Adjacent lands, shoreline" means lands adja-
cent to the shorelines ofthe state (outside ofshore-
line 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 cre-
ates, imposes, aggravates, or leads to inadequate,
impractical, unsafe, or unhealthy conditions on a
site proposed for development or on off-site prop-
erty 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 feder-
ally recognized poverty level and the median
income for working families in Jefferson County;
and whose costs, including utilities, would not
exceed 30 percent ofgross income,
"Aggrieved party" means a party of record who
can demonstrate the following:
(a) The land use decision will prejudice the
person;
(b) The asserled 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 ofthe per-
son would substantially eliminate or redress the
prejudice alleged to be caused by the land use deci-
sion.
"Agricultural activities" means land preparation
for agricultural purposes, such as clearing, grading,
contouring, ditching, fencing, plowing, tilling,
planting, cultivating, fertilizing, weed pest and dis-
ease control, spraying, pruning, trirnming, harvest-
ing, processing, packing, sales, and construction of
farm and stock ponds, irrigation ditches and sys-
tems; livestock management, such as breeding,
birthing, feeding and care of animals, birds, honey
bees, and fish; the repair, maintenance and inciden-
tal construction of equipment, structures, or
machinery used to perform agricultural or hus-
bandry 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 pollu-
tion 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 eco-
nomically produce high yields of crops when
treated or managed according to acceptable farm-
ing 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, Christ-
mas tree growers, aquaculturists, floriculturists,
orchadists, foresters, or other comparable persons)
primarily for sale, consumption, propagation, or
other use by people or animals.
"AgriculturaI resource lands (agricultural
lands)" means lands that are primarily devoted to
the commerciaI production of horticultural, viticul-
tural, floricultural, dairy, apiary, vegetable, or ani-
mals 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 live-
stock, and that have long-term commercial signifi-
cance 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 ware-
house, 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 frorn 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
(Revised 3/'19)18-14
Jefferson County Code
cold storage, or any warehouse that conditions
yearly less than 300 tons of an agricultural com-
modity for compensation.
"Agriculture" means the science, art, and busi-
ness of producing crops, or raising livestock; farm-
ing.
"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 con'
ducted 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, hor-
ticultural nurseries and associated display gardens,
cider pressing, wine or cheese tasting, etc.
"Airport" means an area of land or facility pub-
licly owned and open to general public use for air-
craft operations, except any airfield or airstrip as
defined herein. An airport may include related ser-
vices 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 opera-
tions 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 per-
mit (e.g., stormwater permit) is required, the use is
subject to the project review and approval process.
"Alteration, nonconforming structures" means
any change or rearangement in the supporting
members of existing buildings, such as bearing
walls, columns, beams, girders, or interior parti-
tions, 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 re-
placement, 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 agri-
cultural 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 iand area, Feed is
brought to the animals rather than the animals graz-
ing or otherwise seeking feed in pastures, fields, or
on rangeland. The formal definition in federal reg-
ulations 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 con-
fined and fed or maintained for a total of 45 days or
more in any l2-month period, and (2) crops, vege-
tation, 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 clefined as a "large
CAFO" or as a "medium CAFO" according to fed-
eral regulations or that is designatcd 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 dis-
posal 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 han-
dling systems).
"Medium CAFO" means an AFO where
either a manmade ditch or pipe canies manure or
wastewater from the operation to surface water or
animals come into contact with surface water run-
ning through the area where they are confined; and
the operation meets or exceeds the following
18.10.010
18-15 (Revised 8/06)
Jefferson County Code
paving, gravel roads, packed earthen materials, and
oiled, macadam or other surfaces which similarly
impede the natural infiltration of stormwater. Open,
uncovered retentiorVdetention facilities shall not be
considered as impervious surfaces for purposes of
determining whether the thresholds for application
of minimum requirements are exceeded. Open, un-
covered retention/detention facilities shall be con-
sidered impervious surfaces for purposes of runoff
modeling.
"lmprovements" means the facilities and infra-
structure 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 con-
structed in conjunction with any particular land
division, as approved by the necessary county
departments.
"lncidental" means subordinate to, minor in sig-
nificance, and bearing a reasonable relationship
with the primary use.
"lncompatible" means uses and activities that
are not compatible. (See "Compatible.")
"lndoor commercial shooting facility" has the
salne meaning as "indoor facility" in JCC
8.s0.220(34).
"lndoor entertainment or recreational facilities"
means places designed and equipped for the con-
duct of sports and leisure+ime activities, including,
but not limited to, physical fitness clubs, bowling
alleys, theaters, playhouses, and billiard rooms.
"lndustrial use, heavy or resource-based" means
a use engaged in the basic processing and manufac-
turing of materials or products predominately from
extracted or raw materials or natural resources; a
use engaged in storage of or manufacturing pro-
cesses using flammable, hazardous or explosive
materials; or manufacturing processes that poten-
tially involve hazardous or commonly recognized
adverse conditions,
"lnfrastructure" means existing installed facili-
ties and services including capital facilities such as
water supply, sewage disposal, and storm drainage
systems, and transportation facilities such as public
roads.
"lnoperable (or unlicensed) vehicle" means any
motor vehicle (excluding farm machinery or
implements), trailer, or semitrailer which is inoper-
able 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 unli-
18.10.110
censed vehicle if no license plates are displayed or
if the license plates displayed have been invalid for
more than three years.
"lnstitutional facilities or development" means
structures and related activity areas used by organi-
zations providing educational, social, or noncom-
mercial recreational services to the community,
including performance halls, government service
offices, facilities for assembly, colleges, primary
and secondary schools, museums, and libraries.
"ln-stream resources" means features, proper-
ties, or other beneficial assets which exist within a
stream corridor, such as fish and wildlife habitat,
recreation, and scenic beauty,
"lntensification 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 non-
conforming use produced, generated, served, cre-
ated or performed at the site of the legal
nonconforming use by the owner or occupant of
that legal nonconforming use.
"lntensive" means highly concentrated, very
large, or considerable, in terms of Jefferson County
standards and environment.
"lnternational Building Code" means the build-
ing code officially adopted by Jefferson County.
"lnter vivos" means a transfer or conveyance of
property during the life of the owner, as distin-
guished from testamentary transfers where the
property passes at death, [Ord, 15-18 $ 1 (Appx.
A); Ord, 8-06 $ 1l
18.10.100 J definitions.
"Junk vehicle" means a vehicle certified under
RCW 46.55.230 as meeting at least three of the fol-
lowing 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, disman-
tling or selling of cast-off, unused, scrap, or sal-
vage material of any sort. [Ord. 8-06 $ 1]
18.10.110 K definitions.
"Kennel" has the same meaning as in JCC
6.07.020, as it exists now or may be amended in the
future.
"Kitchen" means a room used for cooking or
preparing food. [Ord. l4-18 $ 4 (Exh. B); Ord. 8-
06 $ 1l
(Revised 3/1 9)l8-25