HomeMy WebLinkAbout03 89
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JEFFERSON COUNTY
DEVELOPMENT CODE:
AN ORDINANCE IMPLEMENTING
THE
JEFFERSON COUNTY COMPREHENSIVE PLAN
ORDINANCE 3-89
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PREAMBLE
SECTION 1
1.10
1.20
1.30
1.40
1.50
1.60
1.70
SECTION 2
TABLE OF CONTENTS
PAGE
i
GENERAL PROVISIONS
1
TITLE
FINDINGS
PURPOSE
AUTHORITY
COMPREHENSIVE AND COMMUNITY PLANS
RELATIONSHIP OF DEVELOPMENT CODE TO
COMPREHENSIVE PLAN
SCOPE AND EFFECT
1
1
1
2
2
2
3
INTERPRETATION AND DEFINITIONS
5
2.10 INTERPRETATION
2.20 DEFINITIONS
5
5
SECTION 3
3.10
3.20
3.30
3.40
SECTION 4
SCOPE
13
GEOGRAPHICAL JURISDICTION
COVERAGE AND EFFECT
ADMINISTRATION
EXEMPTIONS
13
13
13
13
ADMINISTRATIVE AUTHORITY
15
4.10 PLANNING AND BUILDING DEPARTMENT
15
4.20
4.30
4.40
4.50
SECTION 5
5.10
4.110 Planning Staff
4.120 Building Staff
15
15
HEALTH DEPARTMENT
PUBLIC WORKS DEPARTMENT
PLANNING COMMISSION
BOARD OF COMMISSIONERS
16
16
16
16
POLICY AND DEVELOPMENT STANDARD REVIEW PROCESS
17
GENERAL PROCESS
17
5.110 Pre-Application Consultation
5.120 Application
17
18
5.1210 Site Plan 18
5.1220 Environmental Review (SEPA Compliance) 18
5.1230 Phased Development 18
5.130 Administrative Determination
19
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5.20
5.30
5.40
5.50
5.60
5.70
PAGE
APPROVALS
19
5.210 Appeals on Conditions
20
DENIALS
20
5.310 Appeals on Denials
20
REFERRALS
21
5.410 Procedure on Referrals
22
CONDITIONAL USE
23
5.510
5.520
Review Criteria
Classification and Findings
23
23
5.5210 General
23
5.5210.1 Required Findings for General
Conditional Uses 24
5.5220 Special
24
5.5220.1 Required Findings for Special
Conditional Uses 25
5.5230 Nonconforming Developments
25
5.5230.1 Required Findings for Nonconforming
Developments 25
5.530
5.540
5.550
Development Standards
Special Requirements
Effect and Abandonment
. 25
26
26
VARIANCES AND EXCEPTIONS
26
5.610 Development Standard Variances
5.620 Emergency Exceptions
26
27
CERTIFICATE OF COMPLIANCE
27
5.710 Validations, Expirations, Extensions, and
Abandonments
5.720 Revisions
28
28
29
5.80 PUBLIC NOTICE
31
SECTION 6 DEVELOPMENT STANDARDS
31
6.10 MULTI-FAMILY RESIDENTIAL DEVELOPMENT
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PAGE
6.110 Definition
6.120 Development Standards
31
31
6.20 COMMERCIAL DEVELOPMENT
33
6.210 Definition
6.220 Development Standards
33
33
6.30 INDUSTRIAL DEVELOPMENT
39
6.310 Definition
6.320 Development Standards
39
39
6.40 SIGNS
44
6.410 Definition
6.420 Development Standards
44
45
6.50 HOME BUSINESS AND COTTAGE INDUSTRIES
49
6.510 Definition
6.520 Development Standards
6.530 Complaints on Home Business
49
49
51
6.60 MISCELLANEOUS PARKING STANDARDS
51
6.70 TEMPORARY ACTIVITIES AND STRUCTURES
52
6.710 Definition
6.720 Development Standards
52
52
SECTION 7 NONCONFORMING (GRANDFATHERED) USE
55
7.10 DEFINITION
7.20 EXPANSION, ALTERATIONS, OR CHANGE IN USE
7.30 DAMAGED, DESTROYED, OR ABANDONED STRUCTURES
55
55
56
SECTION 8 DEVELOPMENT CODE MAP
57
8.10 USE AND EFFECT
8.20 INTERPRETATION
8.30 REVISIONS AND REDESIGNATIONS
57
57
58
8.310 Required Findings
58
8.3110 Revisions
8.3120 Redesignations
58
58
8.320 Planning Commission Recommendation
8.330 Board of County Commissioners
59
59
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PAGE
SECTION 9 ORDINANCE REVISIONS
61
9.10 REVISIONS AND AMENDMENTS 61
9.20 INITIATION BY BOARD OF COMMISSIONERS, PLANNING AGENCY,
OR CITIZEN PETITION 61
9.210 Initiation by Citizen Petition
61
9.210.1 County Commissioner Review and Action 61
SECTION 10 LEGAL PROVISIONS 63
10.10 VIOLATIONS 63
10.20 ENFORCEMENT AND REMEDIES 63
10.210 Administrative Remedies 63
10.210.1 Recission of Certificate of Compliance 63
10.220 Legal Remedies 64
10.30 SEVERABILITY 64
10.40 EFFECTIVE DATE 64
10.50 ADOPTION 64
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PREAMBLE
THE JEFFERSON COUNTY
DEVELOPMENT CODE
The Jefferson County Comprehensive Plan, with its attendant
community development plans, is prescribed by state law to be a
point of reference and guide for public decisions concerning the
growth and development of the community. The Plan provides neither
a practical system to review individual development proposals, nor
a methodology to resolve conflicts in the development process. No
mention is made of review process, development standards,
grandfather clauses or enforcement mechanisms. Instead, it' was
envisioned that such matters would be addressed through the
adoption of "official controls".
The Jefferson County Development Code constitutes an official
control and, as such, it is written in legal terms. The Code
specifically addresses industrial and commercial activities, multi-
family developments, home businesses, signs, temporary structures,
and grandfathered uses. The impetus and driving force for the
establishment of this Code is a recognized need by members of the
public and the development community for a formal arrangement and
set of guidelines for decision making in areas of land use and
development. The Jefferson County Development Code was drafted to
establish such a system and methodology as well as to establish a
uniform set of basic development standards.
In order to ensure equity, flexibility, and sensitivity, the Code
provides for variances, conditional uses, and appeals. Interested
and aggrieved parties are afforded an opportunity to be heard, and
existing properties are protected by a grandfather clause. The
Code also contains those minimal enforcement provisions necessary
to ensure compliance.
Through its diligent administration, this Code will provide the
communi ty wi th a consistent and predictable decision making process
as well as method to resolve conflicts arising during the
development process.
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SECTION ~
GENERAL PROVISIONS
~_~o TITLE
This Ordinance is
Development Code:
Jefferson County
Development Code."
entitled and may be cited as the "Jefferson County
An Ordinance Implementing the Provisions of the
Comprehensive Plan"; short title, "Jefferson County
~_20
FINDINGS
1. This Ordinance provides for the uniform administration of procedures
and standards consistent with the goals, policies, and provisions of
the Jefferson County Comprehensive Plan and community development
plans; and the provisions of the Washington State Planning Enabling
Act (RCW 36.70).
2. The provisions of this Ordinance will promote the orderly development
of Jefferson County's land resources, assist in the maintenance of
property values and establish a uniform set of procedures and
standards for multi-family, commercial, and industrial developments in
conjunction with adopted plans.
3. The application of the procedures and standards contained herein will
enhance and promote the public's health, safety, and general welfare
while preserving public and private rights and responsibilities.
4. This Ordinance establishes consistent and predictable procedures for
the efficient and timely review of development proposals.
5. The provisions and standards of this Ordinance ensure consideration
of the unique qualities and characteristics of Jefferson County for
land use projects subject to this document.
~_30
PURPOSE
The purpose of this Ordinance is to further the purpose, goals, policies,
and objectives of the Jefferson County Comprehensive Plan and amendments
adopted pursuant thereto. This Ordinance provides standards to protect the
rights of the owners of private property by encouraging orderly and
predictable development minimizing the adverse impacts of development,
minimizing the public costs associated with development, and ensuring that
the development's design, location, and type is compatible with adopted
public policies.
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:1..40
AUTHORITY
This Ordinance is developed pursuant to the Planning Enabling Act, Revised
Code of Washington (RCW) 36.70, and is an "official control" as prescribed
therein. It shall be utilized, together with the Jefferson County
Comprehensive Plan as amended, and other official controls, for
determinations of conformity with land use designations where statutes
require.
:1..50
COMPREHENSIVE AND
COMMUNITY PLANS
A community development plan, once adopted, becomes a special chapter and
amendment to the Jefferson County Comprehensive Plan. As community plans
are generally more detailed than the overall county plan, the specific
provisions of the community plan will take precedence over the
Comprehensive Plan in review of community-based issues. As required by
RCW 36.70.450, any proposed project, public or private, shall be evaluated
as to whether it conforms to the purpose of the Comprehensive Plan,
including any applicable provisions of a community plan. Where a specific
development is not addressed by a community plan or where a proposal may
be county-wide in nature, the overall county Comprehensive Plan shall be
utilized. The two plans, the specific community plan, and the overall county
plan are intended to work in tandem to address both the needs of a specific
community as well as the needs of the county on the whole.
:1..60
RELATIONSHIP OF
DEVELOPMENT CODE TO
COMPREHENSIVE PLAN
The Comprehensive Plan, and its attendant community development plans, is
established by state statute to be the basic source of reference when
evaluating development proposals. As such, the plan is not a prescriptive
document, but rather the primary guide to be utilized in the decision making
process. The Jefferson County Development Code on the other hand is a
regulation, and strict adherence to the rules, procedures, and standards
established herein is required.
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SCOPE AND EFFECT
No development or use subject to this Ordinance shall be undertaken or
initiated unless in compliance with the provisions of this Ordinance and for
which a Certificate of Compliance has been issued. Development proposals
subject to this Ordinance, which have not complied with its provisions, shall
have related development permits suspended until compliance with this
Ordinance is achieved and a Certificate of Compliance issued.
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SECTION 2
INTERPRETATION AND
DEFINITIONS
2.:1..0
INTERPRETATION
When used in this Ordinance, certain words are interpreted as follows:
words in the present tense include the future tense; words in the singular
number include the plural number; the word "shall" is mandatory; the word
"should" is recommended but not required; and the word "may" is permissive.
2.20
DEFINITIONS
All words in this Ordinance shall have their plain and ordinary meaning,
unless otherwise defined below:
1. Abandoned: A development or project that has been discontinued for
three consecutive years. (See Subsection 7.30, "Damaged, Destroyed, or
Abandoned Structures").
2. Access Road: See Subsection 2.20.62, "Road Classifications."
3. Accessory: A use or building that is clearly subordinate or
incidental to the principal use of the property.
4. Adjacent: A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land. Properties separated by
public rights-of-way are not considered adjacent.
5. All-Weather Surface: An all-weather surface includes gravel, crushed
rock, asphalt, concrete, oil-gravel mix, or similar surface treatment.
6. Arterial Road: See Subsection 2.20.62, "Road Classifications."
7. Agriculture: Improvements or activities associated with the growing,
cultivation, and/or harvesting of crops and livestock, including those
activities necessary to prepare the agricultural commodity for
shipment.
8. Aquaculture: Improvements or activities associated with the raising
and harvesting of aquatic plants and animals, including those
acti vi ties necessary to prepare the aquacul tural commodity for
shipment.
9. Awning sign: A sign that is mounted or painted on or attached to an
awning or canopy.
10. Bed and Breakfast Inn: A residential dwelling that is converted or
a structure built to be partially or entirely used as an overnight
lodging facility for compensation which gives or preserves the
outward appearance of a residential structure.
11. Billboard: A structure supporting a sign advertising a business,
commodity, service, slogan, or entertainment conducted, sold, or offered
at a location other than the place on which the sign is located.
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12. Board of Commissioners: The Jefferson County Board of Commissioners
may be referred to as the "Board of Commissioners," or "Board" (see
Subsection 4.50, "Board of Commissioners").
13. Bu11èilng: Any structure having a roof. When a use is required to
be within a building, or where special authority granted pursuant to
this title requires that a use shall be within an entirely enclosed
building, then the term "building" means one so designed and
constructed that all exterior walls of the structure shall be solid
from the ground to the roof line, and shall contain no openings except
for windows and doors which are designed so that they may be closed.
14. Building Official: An employee of Jefferson County who administers
and enforces the Jefferson County Building Code Ordinance.
15. Buffer: An area of planted or natural vegetation, berms, or structures
maintained for the purpose of reducing incompatibility between uses
or properties.
16. Certificate of Occupancy or Use: A document issued by the Jefferson
County Planning and Building Department as the final approval
acknowledging that all conditions and requirements have been met and
that the occupancy or use of a development is allowed. Also referred
to as Use Permit.
17. Certificate of Compliance: A formal acknowledgement issued by the
Jefferson County Planning and Building Department that a proposal has
been reviewed and approved in accordance with the provisions of this
Ordinance. The certificate of compliance provides the basis upon
which a building permit or Use Permit can be issued.
18. Collector Road: See Subsection 2.20.62, "Road Classifications."
19. Commercial Use: An activity that provides merchandise or services
for compensation through retail and/or wholesale outlets, including
but not limited to retail shopping, business and professional services,
and transient accommodations (see Subsection 6.20, "Commercial
Development") .
20. Communication Relay Facilities: Telephone, telegraph, television,
radio, cable, commercial broadcasting, microwave, retransmission
facilities and substations, and any other communication conveyance for
commercial purposes.
21. Community Plan: A document that has been officially adopted by the
county as a special chapter to the Jefferson County Comprehensive
Plan.
22. Comprehensive Plan: The Jefferson County Comprehensive Plan; A
Policy Guide to Growth and Development as amended may be referred to
as the "Comprehensive Plan."
23. Conditional Use: A special classification of development activities
which constitute an anticipated deviation from the designated or
current use of properties, and which specific approval is required
(see Section 5.50, "Conditional Use").
24. Corner Lot: A lot that is bounded on two or more adjoining sides by
road or street rights-of-way.
25. County: Jefferson County, Washington.
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26. Day Care Center: A facility regularly providing care to persons for
periods less than twenty-four consecutive hours.
27. Development: Any change in use, or extension of the use of the land,
including but not limited to the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any
improvements.
28. Development Code Map: A map or series of maps which illustrate areas
of designated land use (see Section 8, "Development Code Map").
29. Designated Land Use: The graphic portrayal of major areas of
differing land use (such as, residential, commercial, industrial, and
resource production) as provided for in or the Development Code Map.
30. Drainage: Surface or subsurface water run-off.
31. Drainage Control: A pipe, swale, natural feature, or man-made
improvement for the purpose of carrying and/or retaining drainage.
32. Energy Facility: A facility for generation or transmission of
electricity; exploration or production of petroleum; or distribution
of petroleum products, or natural or synthetic gas, exclusive of a
facility generally used for providing direct service to residential
and commercial customers.
33. Free-Standing Sign: An on-premise sign that is mounted on a pole or
other support and is not attached to any building.
34. Grade: The deviation of a surface from the horizontal, expressed in
percent, calculated as shown in the following example:
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--'
,,-
--- 10 Feet
Vertical
Distance
-J,
(V)
--
--
40 Feet I
Horizontal Distance )
(H) I
Grade or Slope Calculation = V/H
35. Grandfathered Use: (See Definition 48, "Nonconforming Use")
36. Height: The vertical distance measured from any point of the finished
grade of the foundation line to the highest part of the structure
above that point, excluding antennas and chimneys.
37. Home Business: An enterprise established for the purpose of
generating revenue that is located in a residential structure and/or
associated out-buildings and is subordinate to the residential use
of the property (see Subsection 6.50, "Home Business and Cottage
Industries").
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38. Immediate Family: Members of the family, limited to mother, father,
spouse, child, brother, sister, grandparent, grandchild, and in-laws and
step relations to the same degree and legal dependents.
39. Impacts: Impacts are the wide array of physical, social, and
environmental influences or effects that occur on and off site as a
result of the use or development of property (See Chapter 43.21C, RCW,
"The State Environmental Policy Act.").
40. Industrial Park: A tract of land that has been planned, developed,
and maintained as an integrated facility for three (3) or more
individual industrial uses, with special attention given to traffic,
parking, utility needs, aesthetics, and compatibility with surrounding
properties.
41. Industrial Use: Any activity that is involved in the production,
processing, manufacturing, fabrication, or assembling of goods and
materials, including the storage of material used in the industrial
process (see Subsection 6.30, "Industrial Development"). Warehousing
and distribution centers are also considered industrial activities.
42. Junk Yard: Any parcel of land or porion thereof, or building, or
structure commercially used for the storage, collection, processing,
purchase, or sale of wastepaper, rags, scrap metal, or other scrap or
discarded goods, materials, and machinery. Excluded from this
definition shall be areas used for the storage of materials or objects
accumulated by the manufacturer as an integral part of the
manufacturing process.
43. Kennel: An establishment in which five or more dogs more than six
months old are, for compensation: housed, groomed, bred, boarded,
trained, or sold.
44. Land Use: A description of how land is occupied or utilized.
45. Multi-Family Structure: A structure containing two or more residential
dwelling units.
46. Multi-Tenant Sign: A free-standing structure identifying two or more
businesses within a multi-tenant development.
47. Multi-Tenant Development: A development containing two or more
distinct commercial or industrial businesses.
48. Nonconforming Uses: A use, structure, or development that was in
existence or operation prior to the effective date of this Ordinance
(that is, not abandoned) and does not comply with the provisions
contained herein (see Section 7, "Nonconforming Uses").
49. Off-Street Parking: Any space specifically allocated to the parking
of motor vehicles that is not located within a public right-of-way, a
travel lane, a service drive, or any easement for public use.
50. Parking Space: An area designated for the parking of one motor
vehicle.
51. Peak Flow Discharge: The maximum surface water run-off rate (cubic
feet per second) determined for a particular storm event as defined
by the Jefferson County Public Works Department.
52. Personal Sign: A sign displaying personal messages other than
political campaign signs.
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53. Planned Unit Commercial Development: A commercial development
containing three or more distinct businesses within a common
structure or cluster of individual structures.
54. Political Campaign Sign: A temporary sign announcing or supporting
political candidates or issues in connection with any national, state,
or local election.
55. Primary Arterial: (See Subsection 2.20.62 "Road Classifications. ")
56. Projecting Sign: A sign that protrudes by more than one foot from
the structure to which it is attached.
57. Recreational Facility: Any development designed and intended for day
use or overnight recreational uses, operated as a business, and/or
operated by a nonprofit organization or public entity, including
amusement parks, picnic areas, and campgrounds.
58. Redesignation: A fundamental or basic change to the designated land
use of a given area as depicted on the development code map (see
Section 8, "Development Code Map").
59. Residential Development, Multi-Family: Any development designed and
intended for residential occupancy in multi-family structures
regardless of the type of building or ownership in which such use
occurs; such as townhouses, multi-plexes, condominiums, or apartment
houses.
60. Retail Sale: The sale of merchandise, services, or commodities for
use or consumption by the immediate purchaser and not meant for
resale.
61. Revision: A technical correction to the development code map (see
Section 8, "Development Code Map").
62. Road Classifications: The classification and identification of all
county roads shall be as follows for purposes of this Ordinance. The
following are collector roads in Jefferson County:
a. Primary Arterial: A road that carries interregional traffic, such
as Port Hadlock to Port Townsend, Hood Canal, or Port Ludlow.
Access is primarily limited to traffic from other arterials and
collectors; however, some direct access to abutting properties
may occur in certain situations. The following are primary
arterials in Jefferson County:
Airport Cut-off Road
Beaver Valley Road
Center Road
Highway 20
Highway 101
Highway 104
Rhody Drive
b. Secondary Arterial: A road that carries traffic from collectors
and access roads to primary arterials; however, direct access to
abutting properties may also occur in certain situations. The
following are collectors in Jefferson County:
Chimacum Road
Flagler Road from Marrowstone
Island to Oak Bay Road
Four Corners Road
Irondale Road
Ness' Corner Road
Oak Bay Road
Paradise Bay Road
South Point Road
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c. Collector Road: A road that carries traffic from access roads
to the larger road systems. Direct access to abutting
properties, while not ideal, is more appropriate than onto an
arterial because of lower traffic volumes and speeds. The
following are collector roads in Jefferson County:
Anderson Lake Road
Bee Mill Road
Cape George Road
Cedar Street
Clearwater Road
Coyle Road
Dabob Road
Dosewallips Road
Duckabush Road
Eaglemount Road
East Marrowstone Road
East Quilcene Road
Egg and I Road
Flagler Road on
Marrowstone Island
Frederick Avenue
Glen Cove Road
Hastings Avenue West
Larson Lake Road
Lindsey Hill Road
Linger Longer Road
Lower Hoh Road
Old Fort Townsend Road
Old Gardiner Highway
Prospect Avenue
Robbins Road
Seton Road
South Discovery Road
Swansonville Road
Teal Lake Road
Thorndyke Road
Upper Hoh Road
West Valley Road
d. Access Road: Roads that link homes and properties to the larger
road systems. They provide access, privacy, safety, economy, and
internal circulation throughout an area. Aesthetics and safety
replace speed and volume as the primary concerns for access
roads. Access roads that are designed to prevent through-
traffic help create a sense of a neighborhood's identity in
residential areas because traffic is locally oriented. All roads
in the county other than those identified above are considered
access roads.
63. Road Right-Of-Way: A strip of land dedicated or conveyed for a public
or private road including the adjoining area designated for road
expansion or utility purposes as specified by recorded easements,
recorded ownership instruments, or dedications.
64. Screening: A method of shielding or obscuring land uses from one
another by fencing, walls, berms, or dense vegetation.
65. Secondary Arterial: See Subsection 2.20.62, "Road Classifications."
66. Setback: The minimum distance from the road right-of-way line or any
other lot line to the nearest projection of a structure placed on the
property.
67. Silviculture: Improvements or activities associated with the growing,
cultivation, and/or harvesting of forest products, including those
activities necessary to prepare the silvicultural commodity for
shipment.
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68. Single Famlly Residence: A dwelling unit detached from any other
dwelling unit and intended for occupation by one immediate family.
For purposes of this Ordinance, an apartment integrated within a
dwelling unit and used by a member of the immediate family shall not
be considered to be a separate dwelling unit.
69. Slope: See Subsection 2.20.34, "Grade."
70. Steep Slopes: Any slope greater than twenty-five (25) percent grade.
71. Standardized Public Sign: A sign constructed to the specifications
of the Washington State Department of Transportation or Jefferson
County Public Works Department and erected with the approval by the
same, that provides directional information.
72. Traffic Count: A tabulation of the number of vehicles passing a
certain point during a specified period of time as determined by the
Jefferson County Public Works Department or Washington State
Department of Transportation or by a qualified transportation
engineer licensed by the State of Washington.
73. Use Permit: See Certificate of Occupancy or Use, Subsection 2.20.16.
74. Variance: Approval to deviate from the requirements or procedures
of this Ordinance. (See Subsection 5.60, "Variances and Exceptions").
75. Vehicle Trip: A term used to describe one trip end (one way) traffic
movement for traffic count purposes.
76. Wall Sign: A sign fastened to or painted against the wall of a
building or structure in such a manner that the wall becomes the
supporting structure for or forms the background surface of the sign
and does not project more than twelve (12) inches from the building
or structure.
77. Warehousing: Terminal facilities used for handling freight for
redistribution.
78. Wholesale Sale: The sale of materials, services, or merchandise,
primarily for the purpose of resale, manufacture, or remanufacture.
79. Wrecking Yard: Any area, lot, or parcel or part thereof used for the
commercial storage, collection, processing, purchase, or sale of five
or more motor vehicles that are incapable of being operated and not
currently licensed.
80. Zero Lot Line: The location of a detached building on a lot in such
a manner that one or more of the building's furthest extensions rests
directly on a lot line.
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SECTION 3
SCOPE
3.:1..0
GEOGRAPHICAL
JURISDICTION
This Ordinance shall pertain to all lands and water bodies within the
unincorporated geographical jurisdiction of the County of Jefferson, a
political subdivision of the State of Washington, except those exempt by
federal law or treaties. Incorporated cities, such as Port Townsend, are
exempt from this Ordinance.
3.20
COVERAGE AND EFFECT
Persons, firms, partnerships, associations, organizations, corporations,
local or state governmental agencies, or public or municipal entities
undertaking, constructing, or using any development shall comply with the
provisions of this Ordinance and obtain a Certificate of Compliance
pursuant thereto.
3.30
ADMINISTRATION
This Code is to be administered and interpreted to give full weight and
effect to the spirit and intent of the Comprehensive Plan and associated
community development plans. In the review of the development proposals
covered by this Ordinance, attention will be given to sheltering of
residential neighborhoods from adverse impacts arising from incompatible
or disruptive development activities.
3.40
EXEMPTIONS
The following activities or developments are exempt from the provisions of
this Ordinance. Exemption from this Ordinance, however, does not imply
exemption from any other county, state, or federal laws, Ordinances, or
regulations.
1. A single family residence.
2. Improvements to the interior of buildings when no change in use is
involved.
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3. Normal maintenance and repair.
4. An accessory use to a single family residence, unless that use is
commercial or industrial in nature.
5. A division or development of land subject to the Jefferson County
Subdivision Ordinance and the Washington State Plats-Subdivisions-
-Dedications Act (RCW 58.17), including recreational vehicle parks and
those developments subject to the Jefferson County Camper Club
Ordinance.
6. A structure or minor construction exempted under the Jefferson
County Building Code Ordinance, except off-premise advertising signs.
7. A shoreline development exempted under the provisions of the
Jefferson-Port Townsend Shoreline Management Master Program.
8. Agriculture activities, except processing and retail sales.
9. Silviculture activities, except processing and retail sales.
10. Aquaculture activities subject to the provisions of the Jefferson-
-Port Townsend Shoreline Management Master Program.
11. The construction or installation of public road identification, traffic,
informational, or directional signs erected and maintained by a public
agency .
12. Window displays, awning signs, national or state flags, and religious
symbols.
13. The construction of bus stops, loading zones, and passenger shelters
for taxi cabs, transit, and school vehicles.
14. The demolition of any structure or facility.
15. Any grading, filling, or excavation of land, except within the area
governed by the Jefferson-Port Townsend Shoreline Management Master
Program or those subject to a surface mining permit.
16. The construction, installation, or maintenance of road and street
improvements unless associated with a development subject to this
Ordinance.
17. The vacation of rights-of-way.
18. The installation and maintenance of all communication lines, except for
communication towers or relay stations.
19. The installation and maintenance of electrical lines and facilities,
except for substations, and energy facilities.
20. The installation or maintenance of non-electrical utility distribution
and collection lines or hook-ups.
14
'.-" -
-JI '~ On,
"'." ~,r ~ ' ~
_i v ~.
4978
"r...·
SECTION 4.
ADMINISTRATIVE
AUTHORITY
4._~O
PLANNING AND
BUILDING DEPARTMENT
The Jefferson County Planning and Building Department, referred to as
"Department," shall have administrative review responsibilities regarding
developments or uses subject to this Ordinance.
4.110 PLANNING STAFF
The planning staff shall review all development proposals for conformance
with the Comprehensive Plan and community development plans and their
amendments and special chapters; the provisions of this Ordinance; and
other applicable Ordinances, laws, and adopted regulations and plans. The
planning staff shall also coordinate project review with other governmental
agencies, technical experts, and members of the public. The planning staff
shall determine whether the proposal is consistent with the Comprehensive
Plan or applicable community development plan, or requires additional policy
review by the Planning Commission and Board of County Commissioners. The
director of planning shall administer the provisions of this Ordinance,
have the responsibility and authority to approve (Section 5.20), refer
(Section 5.30), or deny (Section 5.40) certificate of compliance, and upon
appropriate clearance shall issue said certificate (Section 5.70).
4.120 BUILDING STAFF
The building staff shall review and monitor projects for conformance with
the standards and conditions (Section 5.70, "Certificate of Compliance" and
Section 6, "Development Standards") attached to the certificate of
compliance. After construction and before occupancy or use of a
development, the building staff shall review the development to determine
whether the provisions of the certificate of compliance have been met. A
building permit shall not be issued unless a certificate of compliance has
been issued or unless the proposed structure is exempted from the
provisions of this Ordinance.
15
\!^.
j ~;:-
15
: jr~
. ~'
00 4979
4.20
HEALTH DEPARTMENT
The Jefferson County Health Department shall review development proposals
subject to this Ordinance regarding adequacy of proposed sewage disposal
and water supply systems or other areas of its jurisdiction and forward
comments and recommendations to the Planning and Building Department.
4.30
PUBLIC WORKS
DEPARTMENT
The Jefferson County Public ~orks Department shall review development
proposals subject to this Ordinance regarding adequacy of area circulation,
access, roads, drainage systems, signs, and other areas of its jurisdiction
and forward its comments and recommendations to the Planning and Building
Department. Prior to the issuance of a temporary or final certificate of
occupancy or use, the Public Works Department shall review or inspect those
aspects of the proposal within its area of jurisdiction.
4.40
PLANNING COMMISSION
The Jefferson County Planning Commission shall review all developments or
use proposals referred to it pursuant to Subsection 5.40, to determine the
degree to which the proposed project does or does not conform to the
provisions, goals, policies, and objectives of the Comprehensive Plan,
community plans and the provisions of this Ordinance. The Planning
Commission is assigned the functions and duties of a planning commission
as described in the Planning Enabling Act (RcW 36.70). Recommendations
developed by the Planning Commission shall include findings of fact. The
Planning Commission does not make the final decision on matters before
them, but prepares a recommendation for the Jefferson County Board of
Commissioners.
4.50
BOARD OF
COMMISSIONERS
The Jefferson County Board of Commissioners shall have final decision-
making authority over referrals, appeals, variances, and conditional uses.
The Board, through its actions, shall further the purpose, goals, policies,
and objectives of the Comprehensive Plan in applying the provisions of this
Ordinance.
16
,VOL 15 J~r,~ 00 4980
SECTION 5
POLICY AND DEVELOPMENT
STANDARD REVIE~ PROCESS
5.:1..0
GENERAL PROCESS
The review of a proposal begins with the submission of an application to
the Jefferson County Planning and Building Department. Preapplication
consultation with the department shall be made available to applicants
requesting guidance throug,h the process and is encouraged. Upon receiving
a complete application, the Department shall render an administrative
determination to approve, refer, or deny the proposal. The following
section details this process. A flow chart of the general process can be
found on Page 30. The flow chart is illustrative only.
5.110 PREAPPLIcATION CONSULTATION
A conference between the Department staff and the applicant may take place
prior to the submission of an application. The purpose of this conference
is to acquaint the Department staff with the proposal and the applicant with
the procedures, development standards, and policy requirements of this
Ordinance, and to identify initial deficiencies or conflicts, if any.
Topics to be discussed during the preapplication consultation may include
but not be limited to the following:
1. Policy considerations (identification of policies contained in the
Comprehensive Plan and/or applicable community development plan that
pertain to the proposal and its location).
2. The subject property (its size, location, and accessibility) and the
designated land use in the vicinity.
3. The proposed development (type or use proposed, placement of
structures, or other improvements envisioned).
4. Design features (access, landscaping, signs, parking, internal features,
etc.).
5. Utility requirements (water, sewage, storm drainage, power, etc.).
6. Environmental conditions, constraints or procedures that may pertain
to the proposal or its location.
7. Development standards (review of applicable development standards
established by this Ordinance).
8. Other plans, programs, or regulations that may pertain to the
proposal.
9. Review requirements of the Washington State Environmental Policy Act.
17
VOL 15 r~L~ 00 4981
5.120 APPLICATION
A complete application for a certificate of compliance shall consist of a
application form completed consistent with an application checklist, a site
plan, and a completed environmental checklist when required by the State
Environmental Policy Act (SEPA). An insufficiently prepared or incomplete
application shall be returned to the applicant together with a written
statement by the Department citing the reasons for returning the
application.
5.1210 SITE PLAN
A detailed site plan(s) is an integral part of the application for
certification of compliance. This plan is a graphic description of the
subject property, its physical features, and improvements anticipated.
Specific information for site plan preparation shall be supplied by the
Department.
5.1220 ENVIRONMENTAL REVIEW (SEPA COMPLIANCE)
Some projects, will require review under the Washington State Environmental
Policy Act (SEPA). For these projects, a completed environmental checklist
shall be submitted along with the application and site plan.
Environmental determinations and impact mitigation are subject to the rules
and procedures established under Chapter 43.21(c), RCW, "Washington State
Environmental Policy Act"; Chapter 197-11, WAC, "SEPA Rules"; and Jefferson
County Ordinance 7-84, "SEPA Implementing Ordinance."
Environmental impact assessment information and mitigative measures are to
be utilized and incorporated in the evaluation of proposals subject to this
Ordinance.
5.1230 PHASED DEVELOPMENT
Applicants may choose to complete their development proposals in
increments. In these instances, an overall environmental and policy review
may be conducted on the entire project when deemed necessary by the
Department. To facilitate this review, the proponent shall provide
sufficient information for an administrative determination to be rendered
on the overall project concept (see Subsection 5.130, "Administrative
Determination").
Once an overall certificate of compliance for the entire project approval
is granted, the project proponent may proceed with applications for a
certificates of compliance and detailed review of the first and subsequent
phases of the proposal.
18
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15
f-AF
o~: 4982
5.130 ADMINISTRATIVE DETERMINATION
The Planning and Building Department shall render an administrative
determination to approve, refer, or deny an application within ten (10)
working days after the receipt of a completed application, unless the
applicant consents in writing to a specific extension of this time period.
This determination will be based on consistency with the goals, policies, and
provisions of the Comprehensive Plan, applicable community development
plan, the development code map, and standards contained in this Ordinance.
Projects subject to SEPA shall complete the SEPA process before the
Department renders a determination regarding the certificate of compliance.
The Shoreline Management permit process shall run concurrently with the
certificate of compliance process when possible. The administrative
determination time period shall not include the time spent in resolving the
issues of the SEP A environmental review or in obtaining a Shoreline
Substantial Development Permit.
Projects that require a variance from the development standards contained
in this Ordinance (see Subsection 5.60, "Variances") shall be treated as a
"Referral" for the purpose of administrative determination. (See Subsection
5.40)
5.20
APPROVALS
An administrative approval confirms that the proposed development is
consistent with the goals, policies, and provisions contained in the
Comprehensive Plan, community development plan, the development code map,
and this Ordinance, and provides a basis to issue a certificate of
compliance.
The Department may place conditions on the proposal as a result of
administrative review, provided such conditions are necessary and
appropriate to implement a development standard or a specific plan
provision that provided the basis from which administrative approval was
granted (see Subsection 5.210, "Appeals on Conditions").
Upon completing its administrative review and rendering its administrative
determination, the Planning and Building Department shall have five (5)
working days to issue the certificate of compliance.
19
VOl
15 r~(,t OIL' 4983
5.210 APPEALS ON CONDITIONS
Persons aggrieved by the stipulation of a condition may appeal said actions
to the Board of County Commissioners. Appeals shall be submitted in writing
to the Planning and Building Department within fifteen (15) days from the
date of issuance of the certificate of compliance. Said appeals shall state
why the condition not have been applied. The appeal shall give specific
reference to the applicable provisions of the Comprehensive Plan, community
development plan, and/or this Ordinance.
Board of Commissioners Decision: Appeals on conditions shall be heard by
the Jefferson County Board of Commissioners. Upon receipt of an appeal,
the Department shall place the appeal on the next available meeting agenda
of the Board of Commissioners. The Board shall review the administrative
determination, supporting documents, and the appeal request. The Board
shall either uphold or deny the appeal request.
In making its decision, the Board may modify or alter the condition from
which relief was requested.
5.30
DENIALS
An administrative denial means the proposal is not consistent with the
goals, policies, and provisions contained in the Comprehensive Plan, its
amendments and special chapters, applicable community development plan
and/or this Ordinance. In issuing a denial to issue a certificate of
compliance, the Department shall provide the applicant with a written
statement identifying specific areas of where the proposal demonstrates
inconsistency.
5.310 APPEALS ON DENIALS
An appeal by the proponent and/or authorized representative to an
administrative denial shall be submitted in writing to the Planning and
Building Department within fifteen (15) days from the date of denial. The
appeal shall state why the administrative determination was incorrect or in
error, and specifically state how the project is consistent with the
Comprehensive Plan and/or applicable community development plan and/or
this Ordinance. The Department shall place the appeal on the agenda of the
next available meeting of the Jefferson County Board of Commissioners. The
applicant may withdraw the appeal at any time during the appeal process.
, I
I
i
20
. VOL 15 rAΠoa - 49S/!,
Board of Commissioners Decision: The Board of Commissioners shall consider
appeals to an administrative denial at a regularly scheduled meeting of
the Board. The Board shall review the administrative determination,
supporting documents, and the appeal request. The Board shall either
uphold or deny the appeal request.
In upholding the appeal request, the Board shall cause the administrative
determination to be withdrawn and the proposal to be referred to the
Planning Commission (see Subsection 5.40, "Referrals"). In denying the
appeal request, the Board shall reaffirm the original administrative
determination.
5.40
REFERRALS
A project proposal that is administratively determined to be a referral
shall be reviewed by the Planning Commission for recommendation to the
Board of Commissioners. The Planning and Building Department shall cause
a proposal to be reviewed as a referral under one (1) or more of the
following circumstances:
1. The proposal is a conditional use (see Subsection 5.50 "Conditional
Uses").
2. The proposal includes a variance from the development standards of
this Ordinance (see Subsection 5.610 "Development Standard Variances").
3. The proposal is referred by the Board of County Commissioners (see
Subsection 5.30 "Denials").
4. One or more of the following characteristics exist as determined by
the Department during administrative review:
a. The goals, policies, and provisions of the Comprehensive Plan
and/or applicable community development plan are so
inconclusive or contradictory that they do not provide adequate
guidance to render an administrative determination to approve
or deny.
b. The proposal is so complex or unusual that it was not addressed
in the Comprehensive Plan or applicable community development
plan.
c. The proposal cannot be readily categorized as a multi-family,
residential, commercial, or light industrial activity as defined
in this Ordinance.
The Planning and Building Department shall place the referral on the next
available meeting agenda of the Planning Commission for review and
recommendation to the Board of County Commissioners.
21
VOL 15 w;: £t-~98S
5.410 PROCEDURE ON REFERRALS
For other than conditional uses (see Subsection 5.50, "Conditional Uses"),
approval of a referred proposal, shall not be recommended by the Planning
Commission or granted by the Board of Commissioners until all the following
findings are made in the affirmative:
1. The use does not endanger the public health, safety, or general
welfare, or generate unacceptable impacts beyond the property
boundaries.
2. The activity will not be developed or located in a manner or in an
area that will cause significant adverse impacts to the designated use
of the surrounding properties.
3. The use is not contrary to the overall goals and objeçtives of the
county Comprehensive Plan or applicable community development plan.
Planning Commission Recommendation: The Planning Commission shall review
all referrals at a public hearing. Notice to the public shall be as
prescribed in Section 5.80, "Public Notice," of this Ordinance. At its public
hearing, the Planning Commission shall review the application, site plan, and
supporting information; the Comprehensive Plan and applicable community
development plan; comments from consulted agencies; and other information
it deems proper and necessary. The Commission shall take testimony and
shall adopt findings concerning the project's consistency with the
provisions of the Comprehensive Plan and/or the applicable community
development plan or this Ordinance.
The Planning Commission shall submit its written recommendation and
findings, along with all pertinent supporting information, to the Board of
County Commissioners within fifteen (15) days following the conclusion of
its hearing. If it recommends approval, the Planning Commission may include
conditions on the proposal that in its judgment are necessary to further
or clarify the provisions of the Comprehensive Plan and/or applicable
community development plan and this Ordinance. Any condition must be
based on specified plan policy or Ordinance provision.
Board of Commissioners Decision: Upon receipt of the recommendation and
information from the Planning Commission, the Board of Commissioners shall
review the referral at its next regular and available public meeting. The
Board of Commissioners shall either approve or disapprove the proposal.
In the case of approval, the Board of Commissioners may add, delete, or
amend conditions on the proposed project that in its judgment will add
consistency with the provisions of the Comprehensive Plan and/or applicable
community development plan and this Ordinance. If after considering the
matter at a public meeting the Board deems a change in the recommendation
of the Planning Commission to be necessary, the change shall not be made
until the Board has conducted its own public hearing, giving notice thereof
as provided in Section 5.80, "Public Notice." Upon conclusion of the hearing,
the Board shall adopt its own findings of fact and statements setting forth
the factors considered to be controlling.
22
VOL
15 'U'" 00
rt"l\)~
4986
5.50
CONDIT::I:ONAL USE
There are a number of circumstances covered by this Ordinance where
deviation from the designated or current use of properties is anticipated.
Developments which present unusual or unanticipated circumstances, which
represent a special class of activities, or which are a major change to a
pre-existing "grandfathered" development are classified as conditional
uses.
Conditional uses are reviewed under the procedures of Subsection 5.410,
"Procedure on Referrals."
5.510 REVIEW CRITERIA
A conditional use requires more rigorous review than other development
proposals. This higher level of scrutiny is necessary to ensure
compatibility with surrounding properties and overall community goals. As
such, approval of conditional uses may be withheld when, during the review
process, it is concluded that the proposal will probably result in one or
more of the following:
1. Will materially endanger the publics health, safety, or general welfare,
or generate unacceptable impacts beyond the property boundaries; or
2. Will substantially impact the reasonable use and enjoyment of
surrounding properties; or
3. Will be contrary to the overall goals and objectives of the
Comprehensive Plan or community plan.
5.520 cLASSIP'IcATION AND FINDINGS
There are three categories of conditional use:
nonconforming developments.
general, special, and
A development proposal must be administratively classified into one of
these three categories to be administered as a conditional use. A proposal
that is administratively classified as a conditional use shall be reviewed
against the provisions of Subsection 5.510, "Review" findings and specific
findings established for each conditional use category.
5.5210 GENERAL
General conditional uses are those unusual circumstances where conformance
with the designated use of the property is impractical due to one or more
of the following situations:
23
VOL
15 rACt 00
4987
1. The proposal is a use not covered elsewhere in the Ordinance, or
2. There are severe limitations placed on the use of the property due
to natural constraints, physical conditions, or past improvements, or
3. The previous use of the property, or structures located on the
property, render the property unsuitable.
(Examples would include an airport complex, or a worked-out and abandoned
gravel pit.)
ð.5210.1 Required Findings For General Conditional Uses
In addition to the general review criteria (see Subsection 5.510, "Review
Criteria "), approval of general conditional uses shall not be recommended
or granted unless all of the following findings are made in the affir~ative:
a. A specific circumstance exists which justify special
consideration as a conditional use.
b. The specific condition is unique to this property and is not
shared by other properties in the area.
c. The cumulative effect of approving this and similar requests
will not cause an erosion to the purpose and intent of the
Comprehensive Plan, applicable community plan, or designated use
of surrounding properties.
d. The character of the use is in reasonable harmony with the
surrounding area.
5.5220 SPECIAL
Special conditional uses are those proposals that exhibit one or more of
the following:
1. The proposal adjoins an existing commercial activity located outside
commercially designated areas as per 6.220(3) or,
2. The proposal is a planned commercial development located outside
commercially designated areas as per 6.220(4) or,
3. The proposal adjoins an existing industrial activity located outside
industrially designated areas Subsection 6.320(3), "Adjacent Existing
Industrial Activities", or
4. The proposal is a planned industrial park located outside industrially
designated areas as per 6.32(2) or, .
5. The activity is defined as heavy industrial pursuant to Subsection
6.30, "Industrial Development", or,
6. The proposal is an industry associated with a resource production as
per 6.320(4), or
7. The proposal is a recreational facility not exempted by this
Ordinance.
24
'iOl
15 rA~£ 00
4988
5.5220.1 Required Findings For Special Conditional Uses
Such uses have the potential for creating major community impacts, both
positive and negative, due to their size, complexity, economic, or
environmental effects. Therefore, special care must go into the proper
siting of these facilities. In addition to the general review criteria (see
Subsection 5.510, "Review Criteria") approval of special conditional uses by
the reviewing authority shall not be recommended or granted unless all of
the following findings are made in the affirmative:
a. The activity is designed and located in such a manner or in an
area so it causes minimal impacts to the designated use of
surrounding properties.
b. The effect of approving this and similar requests will not cause
an erosion to the purpose and intent of the compr~hensive Plan
or applicable community plan or designated use of surrounding
properties.
5.5230 NONCONFORMING DEVELOPMENTS
Such conditional uses are those proposals that exhibit one or more of the
following:
1. Expansion or change of use of nonconforming developments (see
Section 7, "Nonconforming (Grandfathered) Use") or,
2. Replacement of destroyed structures that are grandfathered (see
Section 7, "Nonconforming (Grandfathered) Use").
5.5230.1 Required Findings For Nonconforming Developments
In addition to the general review criteria (see Subsection 5.510, "Review
Criteria") approval of these nonconforming conditional uses shall not be
recommended or granted unless all of the following findings are made in
the affirmative:
a. The change in use, expansion or replacement will cause no
significant increase in impacts to surrounding properties beyond
those which previously existed.
b. The overall development is not less conforming than it was prior
to the change in use, expansion or replacement unless the
development has been granted necessary variances.
5.530 DEVELOPMENT STANDARDS
Conditional uses shall comply with the development standards from Section
6, "Development Standards," placed on the project as a result of the
administrative review process, unless a variance is granted.
"
25
'101_
15 f~~E 00
4989
5.540 SPECIAL REQUIREMENTS
Special requirements may be placed on the approval of a conditional use as
a result of the public review process that furthers the general intent of
the Comprehensive Plan or the provisions of this Ordinance. Such
requirements may include measures that are intended to assure that the
proposed use will not adversely impact the area in which it is located and
shall be based on specific plan policy or Ordinance provision.
5.550 EFFECT AND ABANDONMENT
Approval of a conditional use shall provide the basis for certification o~
compliance. Granting a conditional use does not alter the underlying land
use designation found in the Comprehensive Plan or community development
plan. Development of adjoining properties shall be in accordance with the
underlying land use designation. In the event the conditional use is
abandoned, subsequent use of the project site shall comply with the
underlying land use designation or in turn seek approval as a conditional
use.
5.60
VAR.:I:ANCES AND
EXCEPTIONS
5.610 DEVELOPMENT STANDARD VARIANCES
Variances from the site development standards contained in this Ordinance
may be granted under certain circumstances; however, deviation from the
location standards may not be authorized through the variance process. A
request for a variance should be submitted in writing along with supporting
documentation and shall accompany the application for a certification of
compliance. Development standard variance requests shall be reviewed as
a referral (see Subsection 5.30, "Referrals"). A variance may be granted
when it is concluded that strict enforcement of this Ordinance would result
in practical difficulties or exceptional or unjust hardship for the
applicant. In granting a variance the reviewing body will seek to ensure
that the spirit of this Ordinance is observed, that public safety and
welfare is secured, and that suitable justice is done. Variances may be
granted when all of the following findings are made in the affirmative:
26
VOL 15 rA~E 00 4990
1. A literal enforcement of the development standard would result in an
undue hardship not experienced by neighboring properties or the
general public.
2. The hardship relates to application of the standard to the land,
rather than personal circumstances of the applicant.
3. The granting of this and similar requests would not serve to erode
the purpose of standard so varied.
4. The variance so granted would constitute the minimum relief necessary
to allow reasonable use of the property.
5. The variance does not authorize a deviation from the location
standards contained in this Ordinance.
(An example of a variance would be the inability to meet a lot line setback
due to the configuration of the lot.)
5.620 EMERGENCY EXCEPTIONS
Exceptions from the administrative procedures portion of this Ordinance may
be granted by the Board of County Commissioners. No such exception shall
be granted unless the Board shall first determine the that exception is a
bonified emergency situation and is not caused by a lack of foresight by
the applicant. The Board shall also find that the emergency exception is
in keeping with the general intent of this Ordinance and the public health,
safety, and welfare would not be adversely affected thereby. In granting
exceptions, the board may require its own conditions, which in its judgment
will secure substantially the administrative procedures or requirement so
varied. Such exceptions shall be non-renewable and shall be granted for
a specified period of time. Public notice shall be made by the Board of
County Commissioners per Subsection 5.80.1, "Public Notice."
5.70
CERTZFZCATE OF
COMPLZANCE
A certificate of compliance shall be prepared for all proposals within five
(5) working days following the date of approval.
The certificate of compliance provides the basis upon which a building
permit or, in the case of a use change, a use permit be issued. The
certificate of compliance binds the project proponents and their successors
to the proposed project as submitted, applicable development standards, and
conditions of approval, if any.
27
tl1:_
15 r~f,~ 00 4991
5.710 VALIDATIONS, EXPIRATIONS,
EXTENSIONS, AND ABANDONMENTS
The certificate of compliance will expire two (2) years from the date of
issuance. A one time, one year extension may be granted by the Department
upon receipt of a written request at least ten (10) days prior to the date
of expiration.
The issuance of a building permit for a proposal with a valid certificate
of compliance extends the validity of the certification. As long as an
active building permit is maintained for the project, the certificate of
compliance remains valid. An expired building permit shall render the
certificate of compliance and project authorization null and void. Expired
proposals must be resubmitted and a new certificate of compliance issued
before renewed use or construction is authorized.
The certificate of compliance may be transferred from one party to another,
provided the receiving party:
1. Accepts the responsibility of compliance with the provisions of the
original certification.
2. Does not alter, expand, or otherwise change the permitted activity
beyond the scope of the original proposal.
3. Adheres to the development standards of this Orèlinance.
5.720 REVISIONS
Projects for which a certificate of compliance has been issued may be
revised. The proposed revisions shall be submitted to the Planning and
Bui1èling Department. The Department shall review and recommend to the
Board of County Commissioners whether the proposed revision is within the
scope and intent and is the same or less in intensity and environmental
effects as the original project. If the Board of Commissioners agrees, the
certificate of compliance will be amended, binding the proponents or
successors to the revised proposal.
Proposed revisions that are determined not to be within the original scope
and intent, or that are of greater intènsity or environmental effects would
require approval as a new application.
28
' l)l_ 15 rAGE 00 4992
!S.so
PUBLIC NOTICE
Where required by this Ordinance, the Planning and Building Department
shall cause notice to the public to be provided utilizing the methods
identified below.
1. Legal notice in a newspaper of general county-wide circulation (the
official gazette), and
2. Written notice to consulted agencies and property owners within 300
feet of the project site (including those separated by public or
private easement or rights-of-way). This written notice shall be
through a good faith effort to property owners of record utilizing
addresses readily available through the tax assessment records, and
3. Posting the property or public-oriented locations with notices as
directed by the Department.
Public notice shall include a description of the proposal, its location, and
the time, date, and location of the required public hearing. Advertisement
for public hearings shall occur at least ten (10) days prior to the hearing.
"
"
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29
VOL 15 rAtE O~ 4993
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SECTION 6
DEVELOPMENT STANDARDS
These standards are intended to promote development activities consistent
with the provisions of the Jefferson County Comprehensive Plan and sound
development principles. In the event there is a discrepancy between the
standards contained in this Ordinance and the policies of the Comprehensive
Plan, the discrepancy shall be resolved in favor of the language of this
Ordinance. In the event there exists a discrepancy between a development
standard and other adopted standards or regulations, the stricter standard
shall apply. Requests to vary from the standards established herein shaU
comply with subsection 5.60, "Variances and Exceptions", of this Ordinance.
6.10
MULTI-FAMILY
RESIDENTIAL DEVELOPMENT
6.110 DEFINITION
Multi-family residential development is defined under Section 2.20.59.
6.120 DEVELOPMENT STANDARDS
LOCATION STANDARDS
1. Density and Location: Multi-family residential development shall be
subject to the location and density policies of the Comprehensive
Plan, and/or community development plans.
SITE DEVELOPMENT STANDARDS
2. Height: No residential structure or accessory or out-building shaU
exceed the height of fifty (50) feet.
3. Setbacks: The minimum setback for a residential structure and an
accessory or out-building from the public or private road right-of-
way shall comply with the following standards. (In the case of corner
lots, the setback standard shall be applied to both rights-of way.):
31
il1:_ 15 f-AGf O~. 4995
Right-of-Way Classification
MUUmum Setback
Access road
Collector road
Secondary arterial road
Primary arterial road
20 feet
25 feet
30 feet
45 feet
The minimum setback for a residential structure and an accessory or
out-building from the property boundaries shall comply with the
following standards:
Yard
Dimension
Water bodies and wetlands *
Rear
Side**
Accessory and/or out-buildings
20 feet
20 feet
5 feet
5 feet (rear and side)
* Unless otherwise specified in the Jefferson-Port Townsend Shoreline
Management Master Program.
**fifteen (15) feet minimum on one (1) side for zero lot line
developments.
4. Parking: Multi-family dwellings shall provide 1.5 parking spaces per
individual dwelling unit. (On-street parking shall not be utilized
to fulfill these requirements.)
5. Parking Lot Design: Any parking lot for multi-family structures
required to contain four (4) or more parking spaces shall be designed
and shown in plan form with the following elements: proposed and
existing structures, traffic circulation, adjoining streets, drainage,
lighting, landscaping, fencing, and screening. The plan shall be
incorporated as part of the project and site plan submittal.
6. Access Design: All ingress and egress to a parking lot containing
four (4) or more parking spaces shall be developed so vehicles
entering and leaving the parking lot are headed in a forward motion.
7. Drainage: The following standards apply to multi-family development
for the control of drainage and storm water run-off:
a. On-site drainage controls shall be employed so the completed
project will cause no increase in the peak flow discharge
leaving the property unless approved by the Jefferson County
Public Works Department. Pollution control devices shall be
incorporated to meet water quality standards, if required by the
Jefferson County Public Works Department.
b. Natural drainage-ways shall be retained unless otherwise
stipulated during project review.
32
! ,ìi..
15 rA~ O(
4996
8. Steep Slopes: Residential structures shall not be developed on slopes
exceeding twenty-five (25) percent unless accompanied by a soils
engineering report verifying slope stability.
9. Geologically Unstable Areas: Residential structures shall not be
permitted on identified geologically unstable areas unless geologic
stability can be proven.
10. Security Lighting: Lighting fixtures shall be designed and hooded to
prevent the light source from being directly visible from outside the
boundaries of the property. The intensity or brightness of all
security lighting shall not adversely affect the use of surrounding
properties or adjacent rights-of-way.
6.20
COMMERCIAL DEVELOPMENT
6.210 DEFINITION
Commercial activities are those involved in the retail or wholesale buying,
selling, or distribution of goods or services. Warehousing activities are
considered industrial activities for the purpose of this Ordinance (see
Subsection 6.30, "Industrial Development"). Mini-storage, transient
accommodations, and time-share developments are considered commercial.
Home businesses shall not be subject to this subsection (see Subsection
6.50, "Home Business and Cottage Industriesll). Residential uses are
considered "subordinates" to commercial uses and shall therefore be
permitted within commercial areas.
6.220 DEVELOPMENT STANDARDS
LOCATION STANDARDS
Commercial uses shall only locate within one of the following areas:
1. Designated Commercial Areas: Commercial developments may locate in
areas specifically designated by the development code map.
2. Intersection Commercial Development: Unless otherwise specified by
the comprehensive or community development plan, a commercial
development may locate at the intersection of two or more arterial
roads when the following criterion is met:
a. Its location does not exceed 660 lineal feet from the roadway
intersection as measured from the intersecting rights-of-way
and 660 feet from the roads forming the intersection.
,
\
, I
33
;0L 15 f^~ Gf .--49~·~·
3. Adjacent Existing Commercial Activities (in Non-commercial Designated
Areas): Unless otherwise specified by the comprehensive or community
development plan, a commercial development may locate on properties
adjacent to existing, active commercial activities (other than home
businesses) outside commercially designated or intersection commercial
areas when the following criteria are met:
a. Its location fronts on a collector or arterial road.
b. Anyone or combination of existing and proposed commercial uses
does not exceed 660 lineal feet of road frontage.
c. The use is compatible with the surrounding properties and land
uses.
d. The proposal is reviewed and approved as a conditional use (see
Subsection 5.5220, "Special").
e. Commercial development that locates adjacent to a PUCD shall
comply with 4f below.
4. Planned Unit Commercial Developments (PUCD): Unless otherwise
specified by the comprehensive or community development plan, a
commercial development may locate outside a commercially designated
area as a planned commercial mall when the following criteria are met:
a. The development location fronts on or has direct access to
arterial roads.
b. The development' contains a minimum of three (3) distinct,
individually operated businesses and contains at least 1,500
square feet of floor area in a single structure or combination
of structures.
c. The development is located on no less than two (2) acres.
d. In addition to the application, the proponent shall provide a
written plan which stipulates the type of businesses to occupy
the development, an analysis indicating the need or market
availability for the development at the proposed location, and
commitments for occupancy of the space to be developed.
e. The development shall be administratively classified as a
conditional use subject to Subsection 5.5220, "Special."
f. The only commercial development that shall locate on properties
adjoining existing and approved planned unit commercial
developments outside the commercially designated area shall be
another approved planned unit commercial development. An
exception shall be permitted to allow commercial development on
adjoining properties if the development is incorporated into the
adjacent planned unit commercial development. This exception
shall only be permitted provided the new additional development
complies with the original conditions of approval for the
existing planned unit commercial development.
\
34
VOL
15 r~G~ 00
4998
SITE DEVELOPMENT STAA.'fDARDS
5. Height: No commercial structure or accessory building or structure
shall exceed fifty (50) feet in height.
6. Setbacks: The minimum setback for a commercial structure, including
any accessory building or structure, from the public or private road
rights-of-way shall comply with the following standards. In the case
of corner lots, the setback standard shall be applied to both rights-
-of-way. Extraordinary setbacks for planned unit commercial malls
may be required when deemed appropriate during the review of the
project.
Right-of-Way Classifications
Minimum Setbacks
Access road
Collector road
Arterial road
25 feet
30 feet
35 feet
The minimum building setback from adjoining properties (side and rear
yards) shall be as follows:
Adjoining Property Designation
Minimum Setbacks
Residential
(suburban/rural)
Resource Production
(forestry and agriculture)
Commercial
20 feet
20 feet
Industrial
Water Bodies and Wetlands ,.
5 feet unless approved
as a common wall
structure
10 feet
20 feet
,. Unless otherwise specified in the Jefferson-Port Townsend
Shoreline Management Master Program.
1. Lighting: Lighting, exclusive of advertising, shall conform to the
following standards:
a. Exterior lighting shall not exceed fifty (50) feet in height from
the finished grade. Ground level lighting is encouraged.
b. Lighting fixtures shall be designed and hooded to prevent the
light source from being directly visible from outside the
boundaries of the property. The intensity or brightness of all
project lighting shall not adversely affect the use of
surrounding properties or adjoining rights-of-way.
c. Exterior flashing, moving, or blinking lighting is prohibited,
except as required by local, state, or federal standards.
,
,
35
'¡Ol
15 rA~~ 00
4999
8. Landscaping: Commercial developments shall include areas that are
landscaped:
a. Unless otherwise specified by policy, landscaping shall be an
integral part of site development and shall be incorporated as
a part of the site plan.
b. Landscaping shall primarily consist of natural materials and
vegetation and shall be continuously maintained by the owner or
lessee.
9. Outside Storage: Materials stored outside, not for display or for
immediate sale, shall be screened from public view.
10. Screening and Buffering: When specified by the Jefferson County
Comprehensive Plan or Community Development Plan or as a condition
Qf project review, proposed developments shall be screened or
buffered from surrounding uses. Screens and buffers are intended to
mitigate incompatibility or visual and noise impacts.
a. All natural vegetation screens shall be sufficient to mitigate
the visual impacts of the proposed use.
b. Screens that include walls, fences, and/or earth berms shall be
designed and constructed to a sufficient height to mitigate
impacts.
c. Buffer areas shall consist of planted or natural vegetation of
sufficient height and quantity to reduce visual exposure.
d. Screening and buffering areas may be included as part of the
required landscaping areas.
e. Buffers and screens shall be maintained so they remain in a
good condition.
11. Noise: The intensity of sound emitted by any commercial activity
shall not exceed levels established by the Washington State
Department of Ecology under WAC 173-60 and by Jefferson County under
Resolution No. 67-85, "Establishment of Environmental Designations for
Noise Abatement Areas for Jefferson County."
12. Signs: Signs associated with any commercial development shall comply
with Subsection 6.40, "Signs."
13. Drainage: The following standards apply to conimercial development for
the control of surface drainage and storm water run-off:
a. On-site surface drainage controls shall be used so the completed
project will cause no increase in the peak flow discharge
leaving the property unless otherwise approved by the Jefferson
County Public Works Department. On-site drainage controls shall
incorporate pollution control devices to meet water quality
standards.
b. Natural drainage-ways shall be retained unless otherwise
stipulated during project review.
36
'JO!. 15 fAGf or 5000
14. Steep Slopes: Commercial buildings or structures shall not be
developed on slopes exceeding twenty-five (25) percent, unless
structural stability can be assured by a soils engineering report.
15. Geologically Unstable Areas: Commercial buildings or structures shall
not be developed on geologically unstable areas unless structural
stability can be proven.
16. Traffic Generators: Commercial enterprises located outside
commercially designated areas which generate more than twenty-five
(25) vehicle trips per day shall front on or have direct access to
collector or arterial roads.
17. Parking Space Requirements: Off-street parking shall be provided as
follows. (No on-street parking shall be u~zed in fulf~ng these
requirements). Parking spaces shall be designated by wheel stops,
striping, or similar measures.
Activity
Auditoriums, sports arenas,
theaters, and similar uses
Automobile service stations
Barber and beauty shops
Bowling alleys
Dance halls and skating rinks
Hotels, motels, and rooming
houses
Medical and dental clinics
Office and professional
buildings
Showrooms for appliances,
automobiles, and other
durable goods
Dining rooms, restaurants,
taverns, and similar uses
Day care centers
All other commercial uses
OFF-STREET PARKING DIMENSIONS
Number of Spaces Required
~ for each 3 seats,or 1
for every 75 square feet
1 for each fuel pump and 2
for each service bay
2 for each chair
2 for each lane
1 for each 50 square feet of
usable floor area
1 for each rental unit
1 for every 200 square feet
of floor area of
examination, treating
room, office, and waiting
room
1 for each 400 square feet of
floor area
1 for each 500 square feet of
floor area
1 for each 50 square feet of
floor area
1 for each 400 square feet of
floor area
1 for each 200 square feet of
floor area
Off-street parking shall be designed as described below. Twenty (20)
percent of total required parking spaces may be calculated using the
compact car size spaces. Adequate parking for handicapped needs
31
t1L 15 fAGf {ji 5001
shall be provided when deemed appropriate by state standards in the
review process at a rate of not less than two (2) percent or a minimum
of one (1), whichever is greater. Parking spaces for handicapped
needs shall comply with the Washington State Regulations for barrier-
free facilities (Chapter 51-10, WAC). Such spaces shall be not less
than twelve (12) feet six (6) inches wide.
Off-street Parking Dimensional Table
Parking Angle * Parallel 45° 60° 90°
A Width of parking space 10' 12' 9' 9'
...Compact car space 10' 11' 9' 8'6"
B Length of parking space 23' 18' 18' 18'
_ ...Compact car space 23' 16'6" 16'6" 16'6"
C Width of driveway aisle 12' 13' 17'6" 22'
D Width of access driveway 14' 17' 14' 14'
* Parking space design shall be based on the parking angle most
closely resembling the example on Page 43.
Fewer total spaces may be developed if one or more of the following
situations apply. A maintained reserve area equal to the number of
spaces so reduced may be required as a condition of the reduction.
a. Two (2) or more uses share the same parking in such a way that
the hours or days of peak usage are so different that a lower
total number will provide for all uses adequately.
b. The clientele of the use is such that a reduced number of spaces
are appropriate, such as a business likely to be frequented by
pedestrians.
18. Access:
a. All ingress and egress shall be designed so vehicles entering and
exiting the site are headed in a forward motion.
b. No access point shall be located closer than 100 feet from a road
intersection as measured along the curb line.
c. Joint accesses shall be utilized whenever feasible.
d. Limited access provisions shall be required when deemed necessary
by the Jefferson County Public Works Department.
19. Surface: Parking lots and accesses shall be provided with an all-
weather surface.
20. Loading Zones: No loading and off-loading shall occur on the road
rights-of-way. A separate and distinct loading zone shall be provided
if required during administrative review.
38
,:)1. 15 r~Πor 5002
6.30
INDUSTRIAL
DEVELOPMENT
6.310 DEFINITION
Industrial activities are those uses involved in the production, processing,
manufacturing, fabrication, or assembly of goods or materials. The
wholesaling, warehousing, storage, and shipment of products and materials
are included in this definition. Excluded from this definition are
commercial mini-storage units designed primarily for the storage of domestic
goods. Industry is further defined as light and heavy.
Light industries are those activities that:
1. Are wholly contained, excluding display, in a structure or combination
of structures not exceeding 10,000 square feet and not exceeding fifty
(50) feet in height
2. Utilize five (5) acres or less of land for on-site requirements.
3. Do not produce noise, traffic, smoke, dust, odors, vibration, heat, light,
particulates, or electromagnetic energy to a greater intensity than
normally associated with commercial activities.
4. Have outside storage not exceeding twice the square footage of the
building.
Examples of light industry include but are not limited to product
distribution centers, warehouses, research facilities, small manufacturing
facilities, assembly and fabricating plants, warehouse centers, and boat
building acti vi ties.
Heavy industry is defined as all other industrial activities. Examples
include but are not limited to wood processing facilities, rock crushers,
pulp and paper mills, bulk storage of petroleum products, and log storage
and handling. Heavy industry, due to its positive and negative impacts on
the community, shall be administratively classified as a conditional use and
administratively referred (see Subsection 5.50, "Conditional Uses").
Commercial and residential uses are considered subordinate to industrial
uses and therefore shall be permitted within industrial areas.
6.320 DEVELOPMENT STANDARDS
LOCATION STANDARDS
Uses shall locate in one of the following locations:
39
.0;_ 15 rAGE or. '·,5003
1. Designated Industrial Areas: Industrial developments may locate in
areas specifically designated as industrial by the development code
map.
2. Planned Industrial Parks: Unless otherwise specified by a
comprehensive plan or community plan policy, industrial developments
may locate outside of designated industrial areas in planned industrial
parks when the following criteria are met:
a. The industrial park location fronts on or has direct access to
arterial roads or collector roads capable of handling anticipated
traffic volumes or characteristics.
b. Industrial parks designed to accommodate heavy industry shall be
a minimum of twenty (20) acres; those designed to accommodate
light industry shall be a maximum of ten (10) acres.
c. The industrial park site is established to accommodate a minimum
of three (3) individual industrial activities.
d. Each individual industrial activity is located on a minimum of one
acre.
e. The industrial park shall be administratively classified as a
conditional use subject to the review process in Subsection 5.5220
"Special. "
f. In addition to the application, the proponent shall provide a
written plan which stipulates the type of businesses to occupy
the development, an analysis indicating the need or market
availability for the development at the proposed location, and
commitments for occupancy of the space to be developed.
g. The only industrial development that shall locate on properties
adjoining existing and active planned industrial parks outside
industrially designated areas shall be another approved planned
industrial park. An exception shall be permitted to allow
industrial development on adjoining properties if the development
is incorporated within the planned industrial park. This
exception shall only be permitted provided the new additional
development complies with the original conditions of approval for
the existing planned industrial park.
3. Adjacent Existing Industrial Activities (in nonindustrial designated
areas): Unless otherwise specified by a Comprehensive Plan or
community development plan policy, an industrial development may
locate on properties adjacent to existing and active industrial
activities (other than home businesses) outside of industrially
designated areas, provided the new activity is approved as a special
conditional use in accordance with Subsection 5.5220, "Special."
4. Industry Associated with Resource Production: Industrial activities
associated with the production, conversion, or processing of the area's
natural resources (that is, forestry, minerals, etc.), or agricultural
products may locate in areas designated resource production by the
Development Code Map. All such industrial activities set up for more
than ninety (90) days shall be classified as heavy industry and
administered as a conditional use in accordance with Subsection 5.5220,
"Special Conditional Uses."
IlJ ~..
15 rA~ Or-
5004
SITE DEVELOPMENT· STANDARDS
5. Setbacks: The minimum setback for industrial buildings or structures,
from the edge of public or private road rights-of-way, shall comply
with the following standards. In the case of corner lots, the setback
standards shall be applied to both rights-of-way.
Right-of-Way Classifications
Minimum Setbacks
Access road
Collector road
Secondary arterial road
Primary arterial road
25 feet
30 feet
35 feet
50 feet
The minimum building setback from adjoining properties (side and rear
yards) shall be as follows:
Adjoining Property Designations
Minimum Setbacks
Resource production (forestry
and agriculture)
Industrial
Commercial
Residential (suburban/rural)
Water Bodies and Wetlands *
20 feet
10 feet
20 feet
50 feet
20 feet
*Unless otherwise specified in the Jefferson-Port Townsend
Shoreline Management Master Program.
6. Lighting: Lighting, exclusive of advertising, shall conform to the
following standards:
a. Exterior lighting shall not exceed fifty (50) feet in height from
the finished grade. Ground level lighting is encouraged.
b. Lighting fixtures shall be designed and hooded to prevent the
light source from being directly visible from outside the
boundaries of the property. The intensity or brightness of all
project lighting shall not adversely affect surrounding properties
or adjoining rights-of-way.
c. Exterior flashing, moving, or blinking lighting is prohibited except
as required by local, state, or federal standards.
7. Landscaping: Industrial developments shall include landscape areas:
a. Unless otherwise specified by policy, landscaping shall be an
integral part of site development and shall be incorporated as
part of the site plan.
b. All landscaping should be of natural-like vegetation and shall be
continuously maintained by the owner or lessee.
c. Landscaping will not be required in resource production areas
when the development is sufficiently screened from public view.
,
ì
41
)1_ 15 fAC~ [r 5005
8. Screening and Buffering: When required by policy or as a condition
of project review, proposed developments shall be screened or buffered
from surrounding uses. Screens and buffers are intended to mitigate
incompatibility or visual and noise impacts.
a. All natural vegetative screens shall be sufficient to obscure the
impacts of the proposed use.
b. Screens that include walls, fences, and/or earth berms shall be
designed and constructed to a sufficient height to mitigate
impacts.
c. Buffer areas shall consist of planted or natural vegetation of
sufficient height and quantity to reduce visual exposure.
d. Screening and buffering areas may be included as part of required
landscaping areas.
e. Buffers and screens sha'µ be maintained so they remain in a good
condition.
9. Noise:
a. The intensity of sound emitted by any industrial activity shall not
exceed levels established by the Washington State Department of
Ecology under WAC 173-60 and 173-62 and by Jefferson County
under Resolution No. 67-85, "~stab1ishment of Environmental
Designations for Noise Abatement Areas for Jefferson County."
b. All noise emitting industrial processing machinery that cannot in
any other way meet the maximum noise levels shall be housed in
a sound-attenuating structure, unless otherwise stipulated in the
project approval. The applicant will include sound attenuation
plans with the project application.
10. Signs: Signs associated with any industrial development shall comply
with Subsection 6.40, "Signs."
11. Drainage: The following standards apply to industrial developments for
the control of drainage and storm water run-off.
a. On-site surface drainage controls shall be used so the completed
project will cause no significant increase in the peak flow
discharge leaving the property unless otherwise approved by the
Jefferson County Public Works Department. On-site surface
drainage controls shall incorporate pollution control devices to
meet water quality standards.
b. Natural drainage-ways shall be retained unless otherwise
stipulated during project review.
12. Steep Slopes: Industrial buildings or structures shall not be
developed on slopes exceeding twenty-five (25) percent unless
structural and slope stability assured by a soils engineering report.
13. Geologically Unstable Areas: Industrial buildings or structures shall
not be developed on geologically unstable areas unless structural and
slope stability can be proven.
42
,ì: 15 rAGf Gf 5006
14. Access:
a. An industrial development shall front on or have direct access to
collector or arterial roads, or industrial access roads.
b. All ingress and egress shall be designed so vehicles entering and
exiting the site are headed in a forward motion.
15. Parking:
a. Off-street parking shall be provided at a rate of one (1) space
per two (2) on-site employees, plus adequate parking space for
customer and visitor vehicles and off-loading activities so that
no parking or loading occurs on public road rights-of-way.
b. Parking spaces shall be designed with wheel stops, striping, or
separate delineated area.
c. Off-street parking shall be designed as depicted in the following
off-street parking dimensional table. Twenty percent of total
required parking spaces may be calculated using the compact car
size spaces.
d. Adequate parking for handicapped needs shall be provided when
deemed appropriate by state standards in the review process at
a rate of not less than two percent or a minimum of one, whichever
is greater. Such spaces shall comply with the Washington State
Regulations for barrier-free facilities (WAC 51-10). Such spaces
shall not be less than twelve (12) feet six (6) inches wide.
Off-street Parking Dimensional Table
Parking Angle *
A Width of parking space
Compact car
B Length of parking space
Compact car
C Width of driveway aisle
D Width of access driveway
Parallel
10'
10'
23'
23'
12'
14'
45°
12'
11'
18'
16'6"
13'
17'
90°
9'
8'6"
18'
16'6"
22'
14"
60°
9'
9'
18'
16'6"
17'6"
14'
* Parking space design shall be based on the parking angle
most closely resembling the example below:
I
D
;1
d
PARALLEL
45·
I
60·
90·
43
"
"
'.
15 rA~ t' 5007
16. Surface: Parking lots and on-premise roads shall be provided with an
all weather surface.
6.40
SIGNS
6.410 DEFINITION
Signs are any display device or structure or part thereof that is used to
advertise, identify, display, or attract attention to an object, person,
institution, business, product, service, event, or location by any means,
including words, letters, figures, designs, colors, illuminations, or projected
images. Signs shall be reviewed and approv:ed administratively.
APPLICABILITY
1. Excluded from this Ordinance are public road identification, traffic,
information, or directional signs erected and maintained by a public
agency, window displays, awning signs, barber poles, and national or
state flags.
2. Signs associated with home businesses shall comply with the standards
of Subsection 6.50, "Home Business and Cottage Industries."
/.
ProJect1.ng
Sign
Multi-tenant
Use Sign
\
\,
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'~
Awning Sign
\
44
'IIM'
YlJl~
15
r~r~
00
5008,
6.420 DEVELOPMENT STANDARDS
LOCATION STANDARDS
1. Design Review: Prior to erecting a free-standing or projecting sign,
the applicant shall provide a rendering of the proposed design and a
plot plan for review by the Planning and Building Department.
2. On-premise Signs: Signs shall be located on the premise of the
business to which the sign relates.
3. Off-premise Signs: No off-premise advertisinq shall be permitted;
however, off-premise signs shall be permitted when providing direction
or assistance in identifying the location of a specific business or
enterprise. Such signs must be setback from public road rights-of-
-way and may locate as follows:
a. Within areas designated as commercial by the development code map
provided they do not exceed eighteen (18) feet in height and
thirty-two (32) square feet in size.
b. Outside of commercially designated areas, provided they are
located along primary or secondary arterial roads and do not
exceed eight (8) feet in height and eight (8) square feet in size.
c. Outside of commercially designated areas on roads other than
arterials when established as standardized public signs (see
Subsection 2.20.71, "Standardized Public Signs").
d. Real estate directional signs are provided for in Subsection
6.420.15, "Specialty Signs".
4. Setback: Signs shall not be located within nor projected over public
road rights-of-way, nor be erected in places where, in the opinion of
the Jefferson County Public Works Department or Washington State
Department of Transportation, they would create a traffic hazard or
nuisance.
DESIGN STANDARDS
5. Height: The top of the sign shall not exceed the top of the related
building.
6. Illumination: The following standards apply to the illumination and
illustration of signs:
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.
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b. No sign or part thereof shall consist of rotating, revolving, or
moving parts; consist of banners, streamers, or spinners; or
involve flashing, blinking, rotating, or alternating lights. An
exception to this standard is temporary signs associated with
local festivals, fairs, parades, promotions, grand openings, or
special events (see Subsection 6.420.17, "Event Signs").
7. Size:
a. Except for multi-tenant signs, the total square footage of free-
standing or projecting signs shall not exceed sixty-four (64)
square feet per business.
b. Only one (1) side of a double-faced sign shall be counted when
determining total square footage.
c. The square footage of signs shall be caJ.cul~ted by the dimensions
necessary to frame the information displayed.
8. Number: Commercial and industrial businesses shall have no more than
two (2) on-premise free standing or projecting signs or combination
thereof, except in multi-tenant developments.
9. Wall Signs: Signs attached to or painted against the structure to
which it relates shall not be computed as a part of the overall total
square footage, or number.
10. Multi-tenant Developments:
a. Individual businesses within multi-tenant developments shall
comply with the standards of this subsection; however, no
individual free-standing sign shall be permitted.
b. Multi-tenant developments may have one (1) free-standing sign for
each access point, commonly identifying the businesses within
multi-tenant developments provided:
(1). Such signs comply with the design standards of this
Ordinance.
(2). Such signs are no larger than sixty-four (64) square feet for
multi-tenant developments with two (2) businesses. For each
additional business, ten (10) square feet may be added to the
total sign square footage.
11. Maintenance and/or Hazard: All signs shall be continuously maintained.
Signs that present a public hazard as determined by the Jefferson
County Building Official or Public Works Department shall be subject
to abatement.
12. Clearance: The design of free-standing signs shall include measures
to restrict vehicles from passing beneath them, unless otherwise
permitted by the Jefferson County Public Works Department. All free
standing pole signs or projecting signs shall provide pedestrian
clearance to a minimum of eight feet (8) where applicable.
13. Landscaping: Signs shall be incorporated into the landscaping of the
site when landscaping is provided.
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14. Waterfront Signs: No signs, other than those related to "water-
dependent uses," such as a marina, are permitted to face seaward and
then only in compliance with the design standards of this Ordinance.
SPECIALTY SIGNS STANDARDS
15. Real Estate Signs: Signs that advertise the sale or lease of the
property on which they are located shall comply with the following:
a. Signs for individual homesites shall not exceed eight (8) square
feet.
b. Signs for multi-parcel properties (four parcels or more) shall not
exceed thirty-two (32) square feet.
c. Directional signs associated with the sale of property shall not
exceed three (3) square feet.
16. Political Campaign Signs: Political campaign signs may be displayed
thirty (30) days prior to an election and must be removed no later than
seven (7) days after an election. Political signs may remain between
the primary and final elections for successful candidates. The
organization responsible for the sign placement is responsible for its
removal.
17. Event Signs: Signs promoting public festivals, community or special
events; or grand openings and retail promotions (not exceeding one per
year) may be displayed up to thirty (30) days prior to the event and
shall be removed no later than seven (7) days after the event. The
sponsoring entity is responsible for sign removal.
18. Community Signs: Signs which identify a recognized community or
unincorporated place are permited at each entrance to the community.
Said signs are limited to one (1) per entrance, and may not exceed
ninety-six (96) square feet or eighteen (18) feet in height. Signs
relating to clubs, societies, orders, fraternities and the like shall be
permitted as part of the community sign.
19. Personal Signs: Signs displaying personal messages shall be no larger
than forty-eight (48) square feet in size.
20. Billboards: Billboards are considered off-premise advertising signs
and, therefore, are prohibited.
21. Sandwich Board or "A" Board Signs: In addition to the total signage,
businesses may erect temporary sandwich or "A" board signs when the
following criteria are met:
a. limit two (2) per business;
b. not over four (4) feet high or three (3) feet wide;
c. displayed during business hours only;
d. not located more than 150 feet from the related business;
e. not placed on sidewalks
f. not placed in public road rights-of-way unless approved by the
Jefferson County Public Works Department.
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22. Planned Residential Community Signage: Planned residential communities
may request approval of a signage plan independent of the
requirements of this section. Said plan shall be submitted to the
Planning and Building Department which shall formulate a
recommendation to the Board of County Commissioners. No one sign in
said plan shall exceed ninety-six (96) square feet in size or eighteen
(18) feet in height.
NONCONFORMING SIGN STANDARDS
23. Obsolete Signs: The sign message shall be removed within sixty (60)
days of the date that the business ceases operation, unless an
extension is granted by the Board of County Commissioners.
24. Non-conforming (Grandfathered): Signs in place prior to the adoption
of these standards and not in conformance with them' shall be
considered (grandfathered) and may remain as provided below; except
for signs located within the public road rights-of-way which shall be
removed by the owner within six (6) months of the adoption of this
Ordinance.
a. Non-conforming (grandfathered) off-premise signs shall be removed
within five (5) years of adoption of this Ordinance. Until then,
such signs must be continually maintained, not relocated and not
structurally altered.
b. Non-conforming (grandfathered) on-premise signs may remain
provided they are continually maintained, not relocated and not
structurally altered.
25. Billboards: Those billboards which are in place prior to the adoption
of this Ordinance may remain, provided they are continually maintained,
not relocated, and not structurally altered.
26. Enforcement: Signs erected after the effective date of this Ordinance
and found to be nonconforming by the provisions established herein
shall be declared a nuisance and subject to penalties established by
this Ordinance. Such signs shall be removed by the Jefferson County
Public Works Department no sooner than fifteen (15) days after posting
of a notice of removal on the face of the sign and written notification
of removal by certified mail has been sent to the owner or proprietor
of the business, firm, or company to which the sign relates. Signs so
removed may be recovered by the owner when claimed within sixty (60)
days from the date of notification and the owner shall be subject to
payment of costs incurred by the county for removing the sign(s).
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6.50
HOME BUSINESS
AND COTTAGE INDUSTRIES
6.510 DEFINITION
Home businesses and cottage industries are enterprises established for the
purpose of generating income. Located in a residential structure and/or
associated outbuildings, home businesses are wholly accessory and
subordinate to the residential use of the property. These enterprises are
categorized into two types: home occupations, and home-based businesses.
Home occupations principally operate out of the home and/or associated
outbuildings and may involve service as well as manufactu~ing. Examples
would include a repair shop or the accounting service. Home-based
businesses are those that are headquartered out of the home but conduct
a major portion of the operation elsewhere. Examples would include a
contracting business, small logging operation, or surveying business. The
permitting of home businesses is not intended to create new commercial or
industrial areas, but rather to provide an opportunity to supplement an
income, start up a business, or establish a work place at home.
Home businesses by their nature are intended not to be disruptive to the
residential use of adjacent properties. Home businesses generate less
traffic and noise than typical commercial or industrial activities and are
compatible in appearance, operating hours, and other factors with the
surrounding neighborhood.
Home businesses shall not adversely affect the use or enjoyment of
surrounding properties and shall maintain the character of the area in
which they are located. To this end, structures housing the home business
shall be architecturally and aesthetically compatible with the surrounding
residential area. Such uses will be reviewed and approved administratively
and are authorized with the primary condition that the certificate of
compliance can be rescinded (see Subsection 10.210.1, "Rescissions") for
violation of the following standards, or as the result of action taken to
satisfy complaints (see Subsection 6.530, "Complaints on Home Businesses").
Denial to establish a home business may be appealed as per Subsection 5.30,
"Denials." In approving home businesses, written notification will be given
to adjacent property owners.
6.520 DEVELOPMENT STANDARDS
1. Residential Use: Home businesses must be clearly subordinate to the
primary residential use of the property.
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2. Enclosure: Home businesses shall be fully enclosed within the primary
residential structure and/or associated out-buildings. Out-buildings
used for the business, shall not exceed 2,500 square feet. The total
lot coverage for the home business uses shall not exceed thirty (30)
percent of the parcel size. Only those portions of home-based
businesses which remain at the homesite are subject to this standard.
Typically this would include equipment storage, maintenance, and office
functions.
3. Employees:
a. At least one (1) person engaged in the operation must reside on
the premise and must be the owner or lessee of the property.
b. The maximum number of persons employed on site shall be as
specified by a community plan policy or ten (10) persons (including
family members), whichever is less.
4. Retail Sales: Retail sales within home businesses, other than mail
order businesses, are limited to those products produced on the site
or those that are incidental to the activity or service provided.
5. Storage: There shall be no outside storage of materials, goods,
supplies, or equipment, nor outside display of any kind, unless
otherwise screened from public and neighborhood view. Vehicles and
equipment utilized off-premise on a daily basis by home-based
businesses are not subject to this standard.
6. Divisions: The home businesses shall not be subdivided or otherwise
apportioned from the residential property for the purpose of sale,
lease, or rent.
7. Noise: Noise levels generated shall not be in excess of levels
allowable in residential neighborhoods as per WAC 173-60 as adopted
by Jefferson County Resolution No. 67-85.
8. Hours of Operation: Home businesses shall maintain business hours
that are not disruptive to the normal use of adjacent residential
properties. Typically, this would be during daylight hours, weekdays.
9. Land Use: The underlying land use designation shall not change as a
result of the home occupied business.
10. Signs: One (1) wall sign and one (1) free-standing sign identifying the
business shall be permitted. Total signage area shall be no greater
than eight (8) square feet per sign. Signs shall be located on the
premise of the home business except when approved as a standardized
public sign (see Definition 2.20.71, "Standardized Public Signs II). Signs
shall not be lighted and no part thereof shall consist of banners,
streamers, or similar moving devices.
11. Parking: Parking related to the home business shall be provided on
the site in such a manner that no off-premise parking will be
necessary.
12. Access: Access shall be designed in such a manner that traffic
entering or leaving the site shall be traveling in a forward motion
where possible and shall not create a hazard as determined by the
Jefferson County Public Works Department or Washington State
Department of Transportation.
13. Buffers: Buffers or screens will be provided when deemed necessary
to reduce potential impacts to surrounding properties, as per
Subsection 6.220.10, "Commercial Development, Screening and Buffering."
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14. Bed and Breakfast: Bed and breakfast establishments may locate as a
home business provided no more than six (6) bedrooms are used for the
business.
15. Lighting: Lighting on the site shall not adversely affect surrounding
properties or adjoining rights-of-way.
16. Fumes and Odors: Home businesses that create noxious fumes or
offensive odors shall not be permitted.
17. Traffic: Traffic resulting from home businesses shall not adversely
affect surrounding properties or adjoining rights-of-way.
18. Day Care Centers: Day care centers may locate as home businesses
provided the facility is limited to twelve (12) or fewer clients and
occurs in a single family home.
19. Compatibility: Home businesses shall not adversely affect the use of
enjoyment of surrounding properties and shall maintain the character
of the area in which they are located.
6.530 COMPLAINTS ON HOME BUSINESS
Complaints on home businesses shall be received by the Planning and
Building Department. The Department shall investigate the complaint and
inform the owner of the business of the complaint. If the complaint is
found to be valid by the director of the Department and the owner chooses
to remedy the complaint, he or she shall be given fifteen (15) days to do so.
In the event the complaint is not remedied by the owner, review of the
complaint and pertinent information shall be conducted by the Jefferson
County Board of Commdssioners.
The Jefferson County Board of Commissioners shall act to:
1. Approve the use as it exists; or
2. Rescind the certificate of compliance and terminate the use or activity
as a home business; or
3. Impose restrictions to satisfy the nature of the complaints.
6.60
MISCELLANEOUS
PARKING STANDARDS
Off-street parking shall be provided as follows. Parking shall be designed
as depicted in Subsection 6.220(17), "Parking Space Requirements."
Use
Number of Spaces
Community club, private club,
or fraternal organization
Churches and place of religious
assembly
1 for each 100 square feet of
floor area
1 for every 5 seats
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Hospitals
Schools:
1 for every 400 square feet of
floor area
1 for every bed
Libraries and museums
b. High schools
c. Business, technical,
and trade schools
d. Kindergartens, nursery
schools, and similar
uses
2 for each classroom and 1 for every
8 seats in auditorium
1 for every 10 students
1 for every 2 students
a. Elementary schools
2 for each classroom and not
less than 6 for the
building
6.70
TEMPORARY
ACTIVITIES OR STRUCTURES
6.110 DEFINITION
Temporary activities or structures are those structures, facilities, or uses
that occur on a seasonal or sporadic basis and involve the sale of
commodities. Examples include farm produce, firewood, fireworks, or
Christmas trees. Temporary activities or structures may also include a
sales office for the sale of real estate, provided the office is located at
the property which is for sale. Temporary activities shall be reviewed
and approved administratively.
6.120 DEVELOPMENT STANDARDS
LOCATION STANDARDS
1. Structure: All temporary structures shall be removed within five (5)
days of the termination of authorized operation.
2. Access and Circulation: Provisions for access and circulation shall be
reviewed and approved by the Jefferson County Public Works Department
or Washington State Department of Transportation.
3. Setback: Temporary activities and structures shall be sufficiently
setback from the public rights-of-way so they do not create a traffic
hazard.
4. Parking: Temporary activities and structures shall only be located
where adequate provisions for off-street parking can be accommodated.
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5. Signs: One (1) temporary free-standing, on-premise sign, not to exceed
forty-eight (48) square feet, shall be permitted. Signs attached to or
painted on temporary structures are permissible provided the sign is
no higher than the peak of the roof of the structure to which the sign
is related. All signs must be removed within five (5) days of the
termination of authorized operation. No off-premise signs are
permitted, except for two (2) "sandwich" board type directional signs,
subject to the requirements of Subsection 6.420.21, "Sandwich Board or
"A" Board Signs."
6. Exterior Lighting: Any exterior lighting shall not adversely affect
adjoining rights-of-way or neighboring properties.
7. Duration: Temporary activities shall be authorized administratively for
a specified number of days, not to exceed 120 days per one year's
period of time.
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SECTION 7
NONCONFORMING
(GRANDFATHERED)
USE
7.:1..0 DEFINITION
Nonconforming use includes those developments and activities as defined by
Section 2.20.48. Often referred to as "grandfather ed," a nonconforming use
is the legal term for an activity and structure that exists prior to this
Ordinance and is not in compliance with the provisions contained herein.
Jefferson County recognizes preexisting activities as legitimate uses of
property and therefore, for the purose of this Ordinance, these activities
are classified as to their current use. In addition, these preexisting or
"grandfathered" activities may be altered, expanded, or changed as provided
for below.
For example, a commercial use, located outside an area designated for
commercial activity is considered "grandfathered" and the land is considered
commercial until the use is abandoned or area redesignated. This section
should not be interpreted to validate the violation of any other county
Ordinance or invalidate prior development agreements. Non-conforming signs
shall be subject to the non-conforming sign standards of Section 6.420,
"Development Standards."
7.20 EXPANSION,
ALTERATIONS,
OR CHANGE IN USE
The expansion, alteration, or change in use of a nonconforming use is
subject to the appropriate development, transportation and parking
standards of this Ordinance. It is encouraged but not required that the
original portion of that development also be upgraded to meet these
standards.
An expansion, alteration, or change in use of a nonconforming use may be
accommodated in one of the following ways:
1. The proposal is administratively determined to be a minor expansion,
alteration or change in use. In making this determination, the
proposed expansion, alteration or change in use shall be
administratively approved in accordance with Subsection 5.20,
"Approvals," provided the proposal is found to meet all of the
following:
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a. The proposal will not serve to significantly alter the character
of the neighborhood nor appreciably increase impacts to the use
and enjoyment of surrounding properties.
b. The proposal will not cause an endangerment to the publics health,
safety, or general welfare.
c. All new construction is in compliance with applicable development
standards.
d. The overall development is no less conforming than prior to
approval.
OR
2. The proposal is administratively determined to be a major expansion,
alteration, or change in use. In doing so, the proposal will be
referred to the Planning Commission for review as a conditional use
(see Subsection 5.50, "Conditional Use").
7.30 DAMAGED,
DESTROYED,
OR ABANDONED STRUCTURES
A nonconforming development that is damaged or destroyed by natural,
accidental, or malicious causes may be restored or rebuilt within three (3)
years from the date of damage and retain its grandfathered status. Such
structures must be devoted only to the use that was in existence prior to
the damage or destruction, unless a change of use has been approved (see
Subsection 7.20). The structure may be restored or rebuilt to the same size
and extent as the original structure.
The owner of a damaged structure shall make every reasonable attempt to
bring the facility into conformance with the applicable development
standards contained in this Ordinance and as a minimum make it no less
conforming than it was prior to the damage.
A one time, one year administrative extension for reconstruction may be
granted for developments where reconstruction has begun. Further
extension requests must be reviewed and approved by the planning
commdssion and county commissioners.
A nonconforming use which has been abandoned for three (3) consecutive
years, loses its grandfathered classification and reverts to the land use
designation found on the development code map.
After abandonment, future use of the development for commercial, industrial
or multi-family purposes may only occur upon its approval as a conditional
use (see Subsection 5.50, "Conditional Uses") or as a redesignation (see
Subsection 8.30, "Redesignation").
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5020
8.30
REV::I:SIONS AND
REDES::I:GNAT::I:ONS
From time to time changes to the development code map will occur. A
proposal to change the map may be initiated by the Board of County
Commissioners, the Planning Commission, the Planning Department or by
members of the public. Proposed changes to the development code map shall
be initiated on forms supplied by the Planning and Building Department.
Proposed changes to clarify the boundaries of the map or make other
technical corrections are termed revisions. As the community grows and
develops, as new community plans are adopted, or old plans revised,
fundamental changes to the development code map will occur. Changes of
this nature are termed redesignations.
In all cases, the party or body initiating the change shall carry the burden
of proof to show that the change is warranted and justified.
8.310 REQUIRED FINDINGS
8.3110 REVISIONS
A revision to the development code map shall be recommended for approval
by the Planning Commdssion and approved by the Board of Commissioners
when it is concluded that:
1. The proposed change is a technical correction to the map necessary to
clarify a ambiguous situation, articulate the provisions of this
Ordinance or to further define areas as illustrated by the appropriate
source document (i.e. the Comprehensive Plan or community development
plan): and is necessary to serve the needs of the community.
8.3120 REDESIGNATIONS
A redesignation is a basic change to the development code map.
Redesignations shall be recommended for approval by the Planning
Commission and approved by the Board of Commissioners when either one of
the following is concluded:
1. The redesignation conforms with the goals and intent of the Jefferson
County Comprehensive Plan or attendant community development plan:
or is the direct result of a revision to an existing land use plan or
the adoption of a new one; and said redesignation serves the needs of
the community and is in the best interest of the citizens of Jefferson
County,
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OR
2. The redesignation is the result of sufficient changes or anticipated
changes to the community and is found to:
f.
promote the orderly growth and development of the community, and
support existing activity centers by adding continuity of land
use, and
not disrupt the efficient delivery of public services such as
police and fire protection, utility, and transportation systems: and
not be unduly detrimental to the use, improvement or development
of surrounding properties, and
serve the needs of the community and not constitute a special
privilege to an individual, and
support the goals and intent of the Jefferson County
Comprehensive Plan, and
be in the best interest of the citizens of Jefferson County.
a.
b.
c.
d.
e.
g.
8.320 PLANNING COMMISSION RECOMMENDATION
The Jefferson County Planning Commission shall conduct a public hearing
on all requests to modify the development code map. Said hearing shall
follow the public notice procedure, found in this Ordinance (Subsection 5.80,
"Public Notice"). Upon conclusion of the public hearing and review of the
testimony and supporting documentation, the Planning Commission shall
forward findings of fact and a recommendation to the Board of County
Commissioners. In order to make an affirmative recommendation, the Planning
Commission shall adopt one of the required findings stipulated in
Subsection 8.310, "Required Findings."
8.330 BOARD OF COUNTY COMMISSIONERS
The Jefferson County Board of Commissioners shall review the findings,
recommendation, and supporting documentation forwarded by the Planning
Commission at its regularly scheduled meeting. The Board, after review of
this material, may conduct its own hearing and develop its own conclusion
consistent with the provisions established in this Ordinance.
The Board shall approve revisions and redesignations of the development
code map in the form of an Ordinance. In the body of the Ordinance, the
Board shall adopt and incorporate the required findings found in Section
8.310, "Required Findings."
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SECTION 8
DEVELOPMENT CODE MAP
The development code map is provided to be a point of reference for the
determination of designated land use as provided for in this Ordinance.
The map depicts generalized land use and is reflective of the optimum land
use map found in the Jefferson County Comprehensive Plan and attendant
community development plans.
8.:1.0
USE AND EFFECT
The development code map adopted pursuant to this Ordinance (See Appendix
A) is an integral part of this Ordinance and shall be referenced when
determining the designated land use of a specific property or area.
This map or series of maps shall be the same as or more refined versions
of the optimum land use map found in the Jefferson County Comprehensive
Plan and community development plans, or as provided for in this Ordinance.
The development code map is intended to depict areas of general land use
designations, such as residential, commercial, and industrial, and is not
intended to be parcel specific.
When questions arise concerning the specific provision of a map
designation, reference will be made to the source document (i.e.
Comprehensive Plan or community development plan) from which the map was
derived. Should their be a conflict between the development code map and
an optimum land use map, the development code map will take precedence.
8.20
INTERPRETATION
As the development code map is not parcel specific, questions will arise as
to specific boundary locations or circumstances may exist where a boundary
goes through a parcel of property. Where it can reasonably be interpreted
that a proposed activity falls within a designated area, it shall proceed
with the administrative determination. Where the boundary is not clearly
distinguishable or should the proposed project straddle a boundary, these
ambiguities are considered technical corrections to the map and shall be
clarified as a revision.
Changes to the map that are not technical corrections, as in the case of
revisions, are considered redesignations for the purpose of review and
amendment.
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SECTION 9
ORDINANCE REVISIONS
9.:1..0
REVISIONS AND AMENDMENTS
Amendments or revisions to the text of this Ordinance will occur from time
to time. Said revisions or amendments shall be subject to the procedures
established in Chapter 36.70, Revised Code of Washington, The Planning
Enabling Act.
9.20
INITIATION BY BOARD OF
COMMISSIONERS,
PLANNING AGENCY,
OR CITIZEN PETITION
As provided for by the planning statute (RCW 36.70), changes to this
Ordinance may be initiated by the Board of County Commissioners or the
Planning Agency (Planning Department and Planning Commission), when said
changes are deemed to be in the public interest, and further the objectives
of the Comprehensive Plan.
9.210 INI'l'IATION BY CITIZEN PETITION
The citizens of Jefferson County may petition the Board of Commissioners
to initiate a change to the text of this Ordinance. A petition to change the
language of this Ordinance shall specify the change by section and
subsection, and provide reasoning why the change is warranted. The
petition shall contain the signatures of at least ten (10) unrelated county
residents.
9.210.1 COUN'l'Y COMMISSIONER REVIEW AND ACTION
Upon receipt of a valid petition, the Board of Commissioners shall fix a time
at a regularly scheduled meeting to review the petition and its provisions.
The Board may accept or reject the petition. Prior to making their decision,
the Board may conduct a public hearing or otherwise investigate the merits
of the petition.
In accepting the petition, the Board shall initiate a change to the
Ordinance consistent with the intent of the petition. In rejecting the
petition, no change to the Ordinance will be initiated by the Board.
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SECTION :1.0
LEGAL PROV~SIONS
:1.0.:1.0 VIOLAT~ONS
Any person, firm, company, or corporation that violates the provisions of
this Ordinance and its amendments or permits such violation, or otherwise
fails to comply with the procedures, requirements, or conditions established
herein is subject to corrective actions. In addition, any building, sign,
use, or structure hereafter constructed, altered, enlarged, converted, moved,
or changed, or any use of the property or structure contrary to the
provisions of this Ordil1ance is considered unlawful and may be subject to
abatement or other remedial action. Not with standing remedies provided
below, Jefferson County shall cause all related development permits to be
suspended or withheld for any development which is initiated prior to
approval under this Ordinance. Said suspension or withholding will remain
in effect until compliance with this Ordinance is achieved.
:1.0.20
ENFORCEMENT AND REMED~ES
Jefferson County shall strive to equitably admdnister the procedures and
standards established by this Ordinance. In doing so, the County may take
such admdnistrative, injunctive, declaratory, or other action as is necessary
to ensure compliance with the provisions contained herein.
10.210 ADMINISTRATIVE REMEDIES
The Planning and Building Department shall investigate and verify that a
violation exists. Upon verification, the Department will provide written
notice to the party causing the alleged violation and seek voluntary
suspension of the action or activity and compliance with the provisions of
this Ordinance. Should voluntary compliance not be forthcoming, the
Department shall move to initiate compliance through legal remedies or
initiate action to rescind the certificate of compliance.
10.210.1 RESCISSION OF CERTIFICATE OF COMPLIANCE
The certificate of compliance may be rescinded upon finding that the
permittee or his or her designated representative or agent misrepresented
the facts upon which approval was based; or has not complied with the
development standards or conditions for which approval was granted.
Written notice of the rescission shall be provided to the permittee. The
permittee shall have thirty (30) days to respond to the notice before
rescission of the certificate of compliance becomes effective.
63
,~~: -l 5 r~f,~ o,~· 5C~7
Projects for which the certificate of compliance has been rescinded are
subject to the proceedings established in Subsection 10.220, ilLegal
Remedies," to ensure compliance with the conditions of the project approval
or to abate the development.
10.220 LEGAL REMEDIES
Upon receipt of a documented violation where administrative remedies have
failed to correct the violation, the county prosecutor shall take such legal
action as is necessary to ensure compliance with the provisions of this
Ordinance. Such action may include injunctive relief, declaration of a
public nuisance and abatement thereof, the imposition of civil penalties,
and/or criminal prosecution as provided for by law (see Chapter 36.32, RCW).
:1..0..30
SEVERABILITY
If any section, subsection, or other portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such section, subsection, or portion shall be deeded a separate
portion of this Ordinance, and such holding shall not affect the validity of
the remaining portions of this Ordinance.
:1..0..40 EFFECTIVE DATE
This Ordinance is effective this /¿'Ø; day of aZ:t..t,.,/,
adoption by the Jefferson County Board of Commissioners.
1989, upon
:1..0..50
ADOPTION
The .Jefferson County Development Code: An Ordinance Implementing the
Provis10ns of the Jefferson County Comprhensive Plan is hereby ado~ by
the Jefferson County Board of Commissioners this /Ø"!!J! day of cP'~ ~./
1989.
SEAL:
BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON
George C. Brown, Chairman
8~
B.G. Brown, Member
( [ J7 11~ Larry
ATTEST, ()( c>-'2M.CL . tIMh ¿-
Lorna Delaney
Clerk of the Board
64
':~;. 15 Hr. ~~Oa5
AMENDMENTS TO THE CODE
· Page 34, "Commercial PUD," (6.220.4d), and
· Page 40, "Industrial PUD," (6.320.2f), change to read:
"In addition to the application, the proponent shall provide a written plan
which stipulates the type of businesses to occupy the development, an
analysis indicating the need or market availability for the development at
the proposed location, and commitments for occupancy of the space to be
developed. "
It is the intent of this language to place the burden of proof on the
project proponent to show that areas currently designated for commercial
or industrial activities are inadequate or otherwise deficient in size or
location to accommodate the proposed development and to show the
desirability of the new location for the proposed use.
· Page 40, "Industrial PUD," (6.320.2), clarify first sentence to read:
"Unless otherwise specified by a comprehensive plan or community plan
policy... "
· Page 50, "Home Business," (6.520.3b), amend to read:
"The maximum number of persons employed on site shall be as specified by
a community plan policy or ten (10) persons (including family members),
whichever is less."
VOl
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EASTERN ,IEFFERSON COUNTY
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OPTIMUM LAND USE
MAP
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~ Suburban Area
~ Rural Area
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~ Sanilary landfill (sOlid waste)
... Drop box (SOlid waste)
'I.., Airport
."_u Olympic gravity 1ti cities IV ter system
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(PORT TOWNSENO AND I'KJIAN ISLAND)
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CONT1H\JoIITION TO c.ou..n IOVNOARY
51; E INSERT RIGHT
__ L:l. _ ,,'7 A
APPROVED nd CERTlFtEC :his II day of ';¡¡'"e, 1979
JEFFERSON ,-OUNl ( ~OARD OF ~ JMMISSIONERS
a~Øf,~
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Description of Areas to be Clarified
on Comprehensive Plan Map
Discovery Bay Commercial Area:
Commercial designation includes land up to 330 feet from either side of
Highway 101 right-of-way beginning at the intersection of the Old Gardiner
Road within Section 23, Township 29 North, Range 2 West, WM, continuing
south and east to its intersection with Highway 20, then continuing along
Highway 20 to its intersection of the Fairmont Road.
Chimacum Commercial Area:
Commercial designation includes lands located on the south side of Rhody
Drive bounded on the west by Chimacum Creek, on the south by the north
line of the Robinson Donation claim and on the east by the Chimacum
intersection commercial area.
Center Industrial Area:
Industrial designation includes that area lying east of the Center Road,
west of the McMillian Road and north of the south line of the Northwest
Quarter of the Northwest Quarter of Section 10, Township 28 North, Range 1
West, WM.
Beaver Valley Industrial Area:
Eliminate industrial designation found in Section 18 or 19, Township 28
North, Range 1 East, WM.
Port Ludlow Area:
Reduce the suburban area and increase the resource production area lying
south of the Oak Bay Road within Sections 12, 20, 21, Township 28 North,
Range 1 East, WM.
Suburban Designation:
Reduce the suburban designation to end at the northerly section line of
Section 19 and 20, Township 28 North, Range 1 East, WM, to a point where the
south section line of Section 20 intersects with the Port Ludlow Master Plan
boundary at approximately the id section point, then continue about on-
half mile in width along the south and east side of the Ludlow Road.
Mats Mats Commercial Area:
Commercial designation to extend 660 feet north and south, east and west
from the intersection of Olympus Beach Road and Oak Bay Road.
Quilcene Commercial Area:
Commercial designation extending 330 feet from either side of the Highway
101 right-of-way beginning at the intersection of Cemetery Road continuing
south then west to the intersection of the Pete Beck Road; and in addition
includes that area described as the Northwest Quarter of the Northeast
Quarter of Section 24, Township 27 North, Range 2 West, WM.
West End Designations:
Eliminate the commercial designation shown on the optimum development map
at the intersection of Highway 101 and the Lower Hoh Road, and Highway 101
and the Hoh Village Road.
Add a commercial/industrial designation for that portion of Section 33,
Township 27 North, Range 12 West, WM, lying east of the Hoh River.
Four Corners Industrial Area:
Add an industrial designation for that area lying 700 feet south and 900
feet east of the intersection of Discovery Road and Adelma Beach Road;
including the area 660 feet north of the intersection of Discovery Road and
330 feet east of Black Bear Road.
\ 1'\4
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15 t~;: 00 5930
_.,.,··_···,.?;,..,;,:,,':i,"·"~,······v-',,·····_,,",,"'~
·
COURTHOUSE
Jefferson County Planning Commission
PORT TOWNSEND, WASHINGTON 98368
IN THE MATTER OF )
)
Recommendation for )
Adoption of Jefferson )
County Comprehensive )
Plan Optimum Land Use )
Map Attachments 1-8 )
RESOLUTION 2 -89
WHEREAS, the Jefferson County Planning Commission studied existing
land uses or areas of land use compared to those shown on the Optimum Land
Use Map contained in the Jefferson County Comprehensive Plan: and
WHEREAS, the Jefferson County Planning Commission conducted a series
of public hearings on the areas where the Optimum Land Use Map was
deficient in accurately depicting major land uses; and
WHEREAS, the changes shown on Attachments 1 through 8 are a result
of comments received and studies conducted; and
WHEREAS, the Jefferson County Planning Commission finds the map
revisions more accurately portray designated land uses as described in the
Jefferson County Comprehensive Plan,
NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Planning
Commission does hereby adopt Attachments 1 through 8 as revisions to the
Jefferson County Comprehensive Plan Optimum Land Use Map and recommends
to the Jefferson County Board of Commissioners approval and adoption of
the same.
PASSED AND ADOPTED THIS b~ OF ~~~ "-'--
, 1989.
JEFFERSON COUNTY PLANNING COMMŒSSION
~~--
eter -, adam , Cha~rman
~;(¿ ~
Alice King, secri
"
COURTHOUSE
Jefferson County Planning Commission
PORT TOWNSENO. WASHINGTON 9B36B
IN THE MATTER OF
., ~. ~ ,
~_.~:S=:j.;~~:7~;;~,..
Recommendation for
Revising the Jefferson
County Development Code
Map Appendix A,
Ordinance 3-89
)
)
)
)
)
WHEREAS, Jefferson County has adopted the Jefferson County
Development Code, Ordinance 3-89; and
WHEREAS, said Ordinance contains the Development Code Map, Appendix
A; and
WHEREAS, the Jefferson County Planning Commission has studied,
conducted public hearings, reviewed, and recommended certain changes to the
Jefferson County Comprehensive Plan Map; and
WHEREAS, the Gardiner Community Development Plan has been reviewed
and approved as a chapter of the Jefferson County Comprehensive Plan; and
WHEREAS, said Plan contains an optimum land use map which is provided
to graphical! y portray designated land use; and
WHEREAS, the Jefferson County Planning Commission conducted a public
hearing and received testimony concerning amending Appendix A of Ordinance
3-89;
NOW, THEREFORE, the Jefferson County Planning Commission does hereby
recommend that Appendix A of Ordinance 3-89, the Jefferson County
Development Code, be amended to include the revisions attached hereto as
Attachments 1 through 9.
~y OF ~~~
?
JEFFERSON COUNTY PLANNING COMMŒSSION
, 1989.
RECOMMENDED AND PASSED THIS
P:«~
~ t;¿ .'/
Alice King, sec~
ORDINANCE -89,
AN ORDINANCE REVISING THE
JEFFERSON COUNTY DEVELOPMENT CODE MAP
APPENDIX A, ORDINANCE 3-89
WHEREAS, Jefferson County has adopted the Jefferson County
Development Code, Ordinance 3-89; and
WHEREAS, said ordinance contains the Development Code Map,
Appendix A; and
WHEREAS, the Planning Commission has studied, conducted public
hearings, reviewed and recommended certain changes to Jefferson
County Comprehensive Plan Map, and has further conducted a public
hearing and has recommended these changes be included as amendments
to Appendix A, Development Code Map; and
WHEREAS, the Gardiner Community Development Plan has been reviewed
and approved as a chapter of the Jefferson County Comprehensive
Plan; and
WHEREAS, said plan contains an optimum land use map which is
provided to graphically portray designated land use;
BE IT HEREBY ORDAINED that the Appendix A of Ordinance 3-89, the
Jefferson County Development Code, be amended to include the
revisions attached hereto as attachments 1 through 7.
APPROVED AND ADOPTED this ____day of
, 1989.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
George C. Brown, Chairman
B. G. Brown, Member
ATTEST:
Larry W. Dennison, Member
Clerk of the Board
Lorna Delaney
..
--('
, .