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HomeMy WebLinkAbout022B, zz 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 >(- ,[ 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