HomeMy WebLinkAbout02 0126 06
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JEFFERSON COUNTY
STATE OF WASHINGTON
Adopting amendments to the }
Unified Development Code, also }
known as Chapter 18 of the }
Jefferson County Code }
Ordinance # 02....Q126-06
WHEREAS, the Unified Development Code (UDC) was originally adopted on
December 18,2000 as a development regulation required by the Growth Management
Act, codified at Ch. 36.70A RCW, to be effective January 16,2001; and
WHEREAS, the UDC has been subsequently amended through the following
ordinances: #03-0702-01, #07-1224-01, #02-0311-0~,,#04-0422-02, #07-0732-02, #18-
1213-02, #21-1220-02, #02-0210-03, #03-0303-03, #05-0428-03, #06-0609-03, #06-
0510-04, and #10-0823-04; and
WHEREAS, substantive changes to state law, recent court decisions since the
adoption of the UDC and the need to replace references to the Uniform Building Code
with references to the International Building Code all mandate that the UDC undergo
additional amendments; and
WHEREAS, portions of the UDC have been further clarified by code
interpretations and judicial decisions applicable to it; and
WHEREAS, for proper citation in courts of law the UDC has been codified
within the Jefferson County Code (JCC) at Title 18; and
WHEREAS, the Board, acting as the legislative body for Jefferson County, has
determined that certain changes should be made to the UDC/Title 18 of the JCC; and
WHEREAS, the Board now completes this process by the adoption of this
ordinance and makes the following findings of fact:
1.
During the past several years an informal list of portions of the
UDC/Title 18 that are problematic (or have proven problematic) was
generated by the staff of the Department of Community
Development or "DCD," a list added to by members of the elected
County Commission, legal counsel and DCD staff members.
2. That informal list was considered during the review of the UDC by
the Planning Commission, which formed a "UDC Committee" to
study the UDC and propose revisions and deletions.
3. The UDC Committee met with staff for a total of seventeen (17)
times between March, 2(])04, and May, 2005. All meetings were
~uly-noticed and open to the public.
4. The joint Long-Range Planning staff and UDC Committee proposed
Preliminary Draft was transmitted to the full Planning Commission
under a cover memo dated May 31, 2005.
5. The Preliminary Draft proposed changes to the format of the UDC,
one of which was confirming that the UDC be codified within the
Jefferson County Code (JCC) at Title 18 of the JCC.
6. The Preliminary Draft was prese1J:ted to the full Planning
Commission on June 1,2005, with an introduction.
7. The Planning Commission deliberated on the Preliminary Draft at
regularly scheduled meetings held on June 15 and July 20,2005.
Those meetings were the subject of adequate prior notice and were
open to.the public.
8. The Planning Commission proposed some further revisions to the
Preliminary Draft.
9. The Planning Commission voted unanimously (8-0) on July 20,
2005, at another meeting open to the public and subject to adequate
prior notice, to accept the UDC Omnibus as presented and amended
and to move it on for formal public review (the Public Review draft).
10. The DCD issued an integrated SEP AlGMA notice of intent to amend
the development code on September 14,2005, including completion
of an environmental checklist for non-project actions.
11. The Planning Commission held a duly-noticed public hearing on
October 5, 2005. Oral public comment related to the proposed UDC
amendments was taken during the public hearing and written
comments were accepted thfough the close of business on October
12,2005.
12. DCD also provided the following memoranda to the Planning
Commission to supplement the record:
October 5: Additional Staff Recommendations for the UDe
Omnibus
October 13: Additional Staff Recommendations for the UDe
Omnibus
13. The Planning Commission deliberated on the proposed UDC
amendments at regularly scheduled meetings on October 19 and
November 2, 2005, making a few additional specific revisions to the
Public Review draft, and completed deliberations on November 2.
14. The UDC/Title 18 [at UDC 99.93 and JCC 18.45.090(3)] requires
that the Planning Commission consider certain criteria (or growth
management indicators, shortened here to "GMI") when providing a
recommendation to the County Commission on proposed
amendments to the GMA-deriv~ development regulations.
15. The Planning Commission, in order to comply with the UDC/Title
18, was required to consider the following GMI found at UDC
99.8.1(b) and codified at JCC 18.45.080(1)(b):
i) Whether circumstances related.to the proposed amendment and/or
the area in which it is located have substantially change since the
Adoption of the Jefferson County Comprehensive Plan;
ii) Whether the assumptions upon which the Jefferson County
Comprehensive Plan is based are no longer valid, or whether new
information is available which was not considered during the
adoption process or any annual amendments of the Jefferson County
Comprehensive Plan;
iii) Whether the proposed amendment reflects the current widely held
values of the residents of Jefferson County
16. The Planning Commission developed and approved the following findings
with respect to the GMI found at UDC 99.8.1(b) and codified at JCC
18.45.080(1)(b) and the County Commission adopts these findings as
written and supplements them in order to provide additional context
i)
Whether circumstances related to the proposed amendment and/or
the area in which it is located have substantially changed since the
adoption of the Jefferson eounty eomprehensive Plan;
Planning Commission: I The circumstances related to the proposed
related to the proposed (sic) amendment have not changed
substantially. References to Handbooks and International Building
Codes have been updated. Changes have been made to clarify
provision of the Unified Development Code pursuant to state law
and rulemaking activity since original adoption of the UDC.
County Commission adds: Proponents of Comprehensive Plan
amendments may be unduly rushed and hampered by the current
requirement in the UDC1Title 18 that proposed amendments to the
Comprehensive Plan be submitted on or before February 1 of any
particular year and thus moving that deadline back one month is
more appropriate in the current circumstances. Furthermore,
circumstances have changed as a result of the Western Washington
Growth Management Hearings Board determining in May 2005 that.
the County was premature in allowing development to occur in the
Port Hadlock/Irondale UGA at urban densities. Thus the County
Commission wants to make it crystal clear that JCC 18.18 relating to
development at urban standards inside the UGA is currently null and
void and has no regulatory impact until such time as the UGA is
found by to be GMA-compliant.
Whether the assumptions upon which the Jefferson eounty
eomprehensive Plan is based are no longer valid, or whether new
information is available Iwhich was not considered during the
adoption process or any I annual amendments of the Jefferson eounty
eomprehensive Plan;
Planning Commission: There (sic) assumptions that the Jefferson
County Comprehensive Plan is based are still valid.
County Commission adds: Hearings Board decisions and practice
with the February 1 deadline for proposed Comprehensive Plan
amendments have proven certain minor assumptions made by prior
County Commissions incorrect.
ii)
iii) Whether the proposed amendment reflects current widely held
values of the residents of Jefferson eounty.
Planning Commission: Public comments indicate that the proposed
amendment is widely accepted by the current residents of Jefferson
County.
County Commission adds: Few if any public comments were
received regarding the specific changes to the UDC/Title 18 that will
be enacted through this Ordinance.
17. The Planning Commission, in order to comply with UDC/Title 18, was required to
consider certain GMI found at UDC 99.8.1(c)(I) through (7) and codified at JCC
18.45.050 (4)(b)(i) through (b)(vii). The County Commission adopts the findings
of the Planning Commission listed below and adds its own findings where
necessary:
(i) Whether growth and development as envisioned in the
eomprehensive Plan is occurringfaster or slower than anticipated,
or is failing to materialize;
Planning Commission: Growth did not occur at the rate anticipated
by the Comprehensive Plan that was officially adopted in 1998. The
Comprehensive Plan was recently updated with the most recent
population data from the Washington State Office of Financial
Management. It is too early to tell adequately judge how much
Jefferson County has grown since the update of the Comprehensive
Plan in 2004.
County Commission adds: The changes to the UDC/Title 18 that
will occur as a result of this Ordinance will not alter or change the
rate of growth in the County other than to expressly state that rural
standards continue to apply within the UGA, which may cause less
development in that region.
(ii) Whether the capacity of the county to provide adequate services has
diminished or increased;
The capacity of the County to provide adequate services has not
diminished.
(iii) Whether sufficient urban land is designated and zoned to meet
projected demand and need;
Planning Commission: There is sufficient urban land designated and
zoned to meet projected demand.
County Commission adds: These amendments to the UDC/Title 18 do not
impact the amount of land designated as urban lands except to the extent
that this Ordinance makes clear that rural standards (not urban standards)
apply within the boundary of the Port Hadlock/Irondale UGA.
(iv) Whether any of the assumptions upon which the plan is based are no
longer found to be valid; ,
Planning Commission: The assumptions upon which the plan is based are
still valid.
County Commission adds: Citizens will be better served by a March 1
deadline for submitting proposed changes to the County's Comprehensive
Plan and by a clear statement that the urban style development regulations
found in JCC Title 18.18 are not effective at this time. To that extent
certain minor assumptions have changed.
(v) Whether changes in county-widlJ..attitudes necessitate amendments to
the goals of the plan and the basic values embodied within the
eomprehensive Plan Vision Statement;
The couno/-wide attitudes have not changed and are reflected in the goals
and basic values in the Comprehensive Plan.
(vi) Whether changes in circumstances. dictate a need for amendm.ents~.
Planning Commission: Changes between the Uniform Building Code to
the International Building Code and precedent setting court cases have
precipitated some of the amendments to the UDC.
County Commission: A decision of the Western Washington Growth
Management Hearings Board has led the County Commission to determine
that it must make clear that at the present time, because the UGA has been
found to not comply with the GMA, that the urban-style and urban density
development regulations found in Title 18.18 JCC are null and void and do
not control development within the UGA, which remains subject to rural
standards.
(vii) Whether inconsistencies exist between the eomprehensive Plan and
the GMA or the eomprehensive Plan and the eounty-wide Planning
Policy for Jefferson eounty
There are no apparent inconsistencies between the County-wide Planning
Policy, the Comprehensive Plan, GMA or the Comprehensive Plan.
18. The County Commission held a duly noticed public hearing January 9,2006. The
County Commission accepted written comments through the close of business on
January 11,2006 and received numerous written comments.
19. The County Commission deliberated on three smaller sections of the UDC/Title 18
on January 17,2006 and approved a portion of the UDC Omnibus amendment
package with changes. The County Commission will deliberate on other sections of
the UDC/Title 18 in late January and beyond.
20. DCD staff and the Planning Commission recommended extending the deadline for
the Comprehensive Plan amendment cycle from February 1 to March 1. DCD and
the Planning Commission wanted to provide more time for the department and for
citizens to prepare site-specific and suggested Comprehensive Plan amendments.
21. The County Commission agrees that this is a worthwhile change that should be made
into law.
22. The UDC Omnibus amendment package has a large number of changes. Although
the majority of the changes do not have a specific urgency, one of the changes moves
the date of the Comprehensive Plan amendment cycle from February 1 st to March 1 st,
a change that does have urgency since this Ordinance is offered for possible approval
in mid-January 2006.
23. The County Commission finds the proposed amendments to the UDC/Title 18 found
at JCC 18.45, eomprehensive Plan and GMA Implementing Regulations Amendment
Process, and JCC 18.50, Enforcement have merit, comply with the GMA, were
subject to "early and continuous" public participation and further public policy.
24. However, the County Commission has chosen to delete from the proposed changes to
JCC 18.45.090, Amendments to GMA implementing regulations an addition in
subsection (1) that would have allowed zoning district map amendments outside of
the Comprehensive Plan amendment cycle.
25. All of these items have been subject to the proper scrutiny that occurs when a GMA-
derived proposal is subject to "early and continuous" public participation.
NOW THEREFORE BE IT ORDAINED, as follows:
SECTION 1. The current version of the County's Unified Development
Code Section 9, entitled eomprehensive Plan & GMA Implementing Regulations
Amendment Process, also known as Jefferson County Code Title 18.45, and the current
version of the Unified Development Code Section 10, entitled Enforcement, also known
as Jefferson County Code Title 18.50, are hereby repealed and replaced in their entirety
with the attached versions of those developm~nt regulations, Attachment "A" (UDC 99,
18.45) and Attachment "B" (UDC 910, 18.50) respectively.
SECTION 2. The current version of Jefferson County Code Title 18.18,
entitled "Irondale and Port Hadlock UGA Development Regulation Implementation," is
hereby repealed and replaced in its entirety with the attached version of Title 18.18, also
known as Attachment "C" hereto.
SECTION 3. (Savings Clause.)! Should any provision or portion of this
Ordinance be declared unlawful, not compliant with the GMA or invalid under the GMA,
then it is the express intent of the County Commission that the earlier or prior version of
the unlawful, non-compliant or invalid provision or portion of this Ordinance shall be
revived and shall resume and have full regulatory force and effect.
SECTION 4. (Severability.) Should any provision or portion of this
Ordinance be declared unlawful, not compliant with tPe GMA or invalid under the GMA,
such a declaration of unlawfulness, non-compliance or invalidity shall not alter the
regulatory effect and authority of the other provisions of this Ordinance not subject to
such a declaration and the application of the remaining provision or provisions to persons
or circumstances is not affected.
SECTION 5. This ordinance .sha~l take effect immediateJy a~er passage.
APPROVED AND SIGNED THIS 2..6:tlL DAY OF January
SON COUNTY
o COMMISSIONERS
ATTEST
~~e~'
Clerk of the Board
Cfl(
(Excused Absence)
Patrick M. Rodgers, Member
;:::/s~a~rm: .} ~lZDD6
David Alvare;V~
Deputy Prosecuting Attorney
Chapter 18.45
COMPREHENSIVE PLAN AND GMA IMPLEMENTING REGULATIONS
AMENDMENT PROCESS
Sections:
18.45.010
18.45.020
18.45.030
18.45.040
18.45.050-
18.45.060
18.45.070
18.45.080
Amendments - Purpose and introduction.
Annual amendments - Consideration of cumulative effects.
Exceptions to the annual amendment process.
Applications for Comprehensive Plan amendment.
Compilation of preliminary docket.
Review of preliminary docket - Adoption of fmal docket.
Final docket - DCD review and recommendation - SEP A review.
Final docket - Planning commission and board of county commissioners
reVIew.
18.45.090 Amendments to GMA implementing regulations.
18.45.010 Amendments - Purpose and introduction.
(1) Purpose. The purpose of this chapter is to establish procedures for amending the
Jefferson County Comprehensive Plan, defined for the purposes of this chapter as
including the plan text and/or the land use map. The Growth Management Act (GMA,
Chapter 36.70A RCW) generally allows amendmentsJocomprehensive plans no more
often than once per year, except in emergency situatiohs.. This chapter is intended to
provide the following:
(a) A process whereby the county will compile and maintain a preliminary docket of
proposed amendments to the Comprehensive Plan and then select which proposed
amendments will be placed on the final docket for review, no more often than once
annually;
(b) Timelines arid procedures for placing formal applications for amendments by
interested parties (i.e., project proponents or property owners) on the final docket for
review, no more often than once annually; and
(c) Criteria for review of the final docket by the Jefferson County planning
commission and the Jefferson County board of commissioners. This chapter is also
intended to provide a process for the planning commission to monitor and assess the
Comprehensive Plan, and based on this review to recommend amendments (if any) to the
plan as part of a standardized amendment process.
(2) Public Participation. The public participation process set forth in this chapter is
intended to solicit from the public suggested amendments to the Jefferson County
Comprehensive Plan for future consideration, and to provide an opportunity for public
comment on any proposed amendments. This is achieved by early and continuous public
involvement with broad dissemination of proposals and alternatives, opportunity for
written comments, public meetings after effective notice, provisions for open discussion,
information services, and consideration and response to public comments.
(3) Planning Commission Role. The Jefferson County planning commission is an
advisory body that shall make recommendations to the county commissioners on all
Comprehensive Plan matters, including amendments to the plan text and land use map,
implementing regulations and subarea plans.
(4) Applicability of Chapter 18.40 JCC. Amendments to the text of the
Comprehensive Plan, the land use map, and the implementing regulations are legislative,
Adopted by Board o/County Commissioners
By Ord #
1
Type V decisions lUlder Chapter 18.40 JCC. Accordingly, all applicable provisions of
that chapter apply to the decision-making process adopted in this chapter, regardless of
whether or not they are specifically referred to herein. [Ord. 2-02 ~ 1; Ord. 11-00 ~ 9.1]
18.45.020 Annual amendments - Consideration of cumulative effects.
Except as provided in JCC 18.45.030, proposals for amendments to the Jefferson
County Comprehensive Plan shall be considered by the board of COlUlty commissioners
no more frequently than once every year. Proposals for plan amendment shall be
considered concurrently so that the cumulative effect of all items on the final docket will
be ascertained. Proposals may be considered at separate meetings or hearings, so long as
the final action taken considers the cumulative effect of all the proposed amendments to
the Comprehensive Plan. [Ord. 11-00 ~ 9.2] i
18.45.030 Exceptions to the annual amenflment process.
(1) Exceptions - Emergencies. In addition to the amendment process set forth in this
chapter, the board of COlUlty commissioners 11lay amend the Jefferson County
Comprehensive Plan in any of the following circumstances:
(a) Resolution of an emergency condition, or situation that involves public health,
safety or welfare and when adherence to the amendment process set forth in this chapter
would be detrimental to the public health, safety or welfare;
(b) Initial adoption of a subarea plan identified in, $he Jefferson COlUlty
Comprehensive Plan; ,
(c) The adoption of or amendments to the Jefferson County Shoreline Master
Program;
(d) Technical, nonsubstantive corrections to manifest land use mapping errors which
do not involve interpretations of the criteria for the various land use designations
contained in the Comprehensive Plan;
. (e) Resolution of a decision by an administrative. agency or court of competent
jurisdiction; and
(f) Special use permits for essential public facilities lUlder JCC 18.15.110.
(2) Determination of Emergency. Situations involving official legal or administrative
action (e.g., decisions by the Western Washington Growth Management Hearings Board,
state or federal courts, actions of a state agency or office, or the state legislature)
affecting Jefferson COlUlty will be reviewed by the Jefferson COlUlty board of
commissioners with advice from the prosecutmg attorney's office to determine whether
an emergency exists warranting an emergenc}1 Comprehensive Plan amendment. [Ord.
11-00 ~ 9.3] I
18.45.040 Applications for Comprehensi~e Plan amendment.
(1) Who May Propose Amendments - Application - Fee.
(a) Applications for Fonnal Site-Specific Amendments. Proponents of land
development projects (for multiple sites) and/0r property owner(s) or their authortzed
representative(s), may file an application for a: proposed amendment to the
Comprehensive Plan relating to a site-specific.proposal ("formal site-specific
amendments"). A filing fee as set forth in the Jefferson County fee ordinance shall
accompany applications for site-specific amendments.
(b) Applications for Suggested Amendments. Anyone may apply for a "suggested
amendment," to the Comprehensive Plan which shall be added to the list of proposed
amendments to be maintained by the administrator. Generally, applications for suggested
Adopted by Board of County Commissioners
By Ord #
2
amendments should be limited to proposals that broadly apply to the goals, policies and
implementation strategies of the Comprehensive Plan rather than amendments designed
to address site-specific issues of limited applicability. The process outlined in JCC
18.45.060 shall govern whether such suggested amendments are considered during the
annual review process. No application fee shall be required for applications for suggested
amendments.
(2) Application Deadline - Form.
(a) Deadline. All applications for formal site-specific and suggested amendments
shall be submitted to DCD by March 1 st of the current calendar year in order to be
considered during that year's amendment process; except that county-sponsored
proposals to amend the capital facilities element of the Comprehensive Plan may be
accepted later than other proposed amendments because of their relationship to the
county's annual budget process.
(b) Application Form. All proposed amendments (i.e., both formal site-specific and
suggested) shall be submitted to DCD on forms provided by the department and shall
include the following information, as determined by the administrator to be necessary to
evaluate a particular proposal:
(i) Name and address of applicant;
(ii) A description of the proposed Comprehensive,flan amendment and any
associated development proposals, if applicable. Formal site-specific or project-related
amendments shall include plans, information and/or studies that accurately depict
existing and proposed use(s) and improvements. Proposed site-specific or project-related
Comprehensive Plan amendments that do not specify proposed use(s) and potential
impacts will be assumed to have maximum impact to the environment and public
facilities and services;
(iii) . Proposed amendatory language, preferably shown in a "bill" format (i.e., new
language underlined; language proposed for deletion in strikeouts);
(iv) An explanation of the rationale for the proposed amendment;
(v) An explanation of how the proposed amendment and associated development
proposal(s), if any, conform to, conflict with, or relate to the criteria set forth
in JCC 18.45.080(1)(c) and (l)(d), as applicable;
(vi) If color copies, maps or other visuals are desired the applicant shall submit twenty
(20) color copies; and
(vii) A completed SEP A checklist including the supplement sheet for non-project
actions if the application is for a formal site-specific amendment; and
(viii) Any additional information reasonably deemed necessary by the administrator to
evaluate the proposed amendment.
(3) Failure to Comply - Effect. Applications that do not include the information
required under subsection (2)(b) of this section, or which are not received by the aeadline
set forth in subsection (2Xa) of this section, shall not be processed. [Ord. 18-02 ~ 2 (Exh.
B); Ord. 11-00 ~ 9.4]
18.45.050 Compilation of preliminary docket.
(1) Preliminary Docket - Contents. The preliminary docket described more fully in
subsections (2) through (4) of this section shall consist of the following:
(a) All proposals for formal site-specific amendments;
(b) All proposals for suggested amendments; and
Adopted by Board of County Commissioners
By Ord #
3
(c) When applicable, all amendments ree<;>>mmended by the planning commission
during its periodic assessment of the Comprehensive Plan.
(2) List of Suggested Amendments. Each year, the administrator shall maintain for
public review the annual list of suggested amendments made by citizens, the board of
county commissioners or members of the board of county commissioners, county staff,
county departments or other agencies. By the end of the second full business week of
March of each year, this list of suggested amendments shall be compiled into a
preliminary docket. JCC 18.45.060 sets forth the process for selecting which suggested
amendments will be placed on the final docket to be formally reviewed during the annual
revIew process.
(3) Formal Site-Specific Amendments. The preliminary docket shall also include all
formal site-specific applications for Comprehensive Plan amendments. Formal site-
specific applications for amendments that are properly and timely filed under JCC
18.45.040(2)(a) shall be placed on the final docket for consideration during the CUlTent
annual amendment process.
(4) Planning Commission Periodic Asses$lIlent - Recommendations.
(a) Periodic Assessment - Timelines. The planning commission shall review, and if
necessary, recommend revisions to the Comptehensive Plan during the periodic
assessment in accordance with RCW 36.70A.~30. The'planning commission shall
complete its assessment of the Comprehensive Plan by November 1 st of the year- prior to
the assessment Any amendments recommended by a majority vote of the planning
commission shall be forwarded to the administrator by March 1 st of the year in which the
periodic assessment is conducted. The administrator shall place all such recommended
amendments on the preliminary docket to be considered during the final docket selection
process set forth in JCC 18.45.060.
(b) Criteria Governing Planning Commission Assessment. The planning
commission's periodic assessment and recommendation shall be based upon, but shall not
be limited to, an inquiry into the following growth management indicators:
(i) Whether growth and development as e~visioned in the Comprehensive Plan is
occurring faster or slower than anticipated, or lis failing to materialize;
(ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
(Hi) Whether sufficient urban land is designated and zoned to meet projected demand
and need;
(iv) Whether any of the assumptions upon which the plan is based are no longer found
to be valid;
(v) Whether changes in county-wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision Statement;
(vi) Whether changes in circumstances dictate a need for amendments; .
(vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or
the Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
[Ord. 18-02 ~ 2 (Exh. B); Ord. 11-00 ~ 9.5]
18.45.060 Review of preliminary docket - Adoption of final docket.
(1) DCD Review of Preliminary Docket. After compiling the preliminary docket, the
administrator shall review the suggested amendments and prepare a report concerning
which suggested amendments the administrator believes should be placed on the final
Adopted by Board o/County Commissioners
By Ord #
4
docket for consideration during the annual amendment process. In addition to addressing
the need, urgency and appropriateness of each suggested amendment, the staff report
shall include, but not be limited to, a consideration of the following:
(a) The availability of sufficient DCD staff to substantively review the suggested
amendments and manage the public review process with available staff; and
(b) Anticipated DCD costs and budget for processing the suggested amendments.
(2) Optional Board of County Commissioners! Planning Commission Workshop. The
board of county commissioners and planning commission may, but are not required to,
hold a noticed joint workshop meeting to gather information regarding the items on the
preliminary docket and the administrator's report and recommendation. Ifheld, notice of
the joint workshop meeting shall be given by publication in the county's official
newspaper at least one time 10 days prior to the date of the meeting and by posting a
copy of the meeting notice at the county courthouse, which shall include a statement of
the purpose of the joint workshop.
(3) Planning Commission Hearing - Report and Recommendation. The planning
commission shall hold a noticed public hearing to accept public comment regarding the
suggested amendments on the preliminary docket. Following the hearing, the planning
commission shall prepare a report and recommendation identifying those suggested
amendments that it is recommending for consideration, by the board of county
commissioners during the annual amendment process. The planning commission's
recommendation shall be based upon the perceived need, urgency and appropriateness of
each suggested amendment. The planning commission's report and recommendation shall
also include those proposed amendments resulting from the periodic assessment set forth
in JCC 18.45.050 (4), as applicable. Notice of the planning commission hearing shall be
given by publication in the county's official newspaper at least one time 10 days prior to
the date of the meeting and by posting a copy of the hearing notice at the county. .
courthouse, which shall include a statement of the purpose of the hearing.
(4) Board of Commissioner's Decision - Adoption of Final Docket.
(a) Review and Decision Process. By the second regular board of county
commissioner's meeting in May of each year, the board of county commissioners shall
review and consider the planning commission's report and recommended final docket at a
regularly scheduled commissioner's meeting. The board of county commissioners may
adopt the planning commission's recommended final docket without a public hearing;
however, in the event that a majority of the board of county commissioners decides to
add or subtract suggested amendments, it shall first hold a public hearing, noticed as set
forth in subsection (3) of this section, which shall be held by the first board of county
commissioners meeting in July.
(b) Final Docket - Contents. The final docket as adopted by the board of county
commissioners shall include the following:
(i) All applications for formal site-specific amendments timely submitted under JCC
18.45.050(3);
(ii) Any proposals for suggested amendments which the board of county
commissioners elects to consider during the annual amendment process; and
(iii) When applicable, any amendments recommended by the planning commission
during its periodic assessment of the Comprehensive Plan that the board of county
commissioners elects to consider during the amendment process.
Adopted by Board o/County Commissioners
By Ord #
5
(c) Effect of Final Adopted Docket. The decision of the board of county
commissioners to adopt the final docket does not constitute a decision or
recommendation that the substance of any formal site-specific, suggested, or planning
commission recommended amendment should be adopted. No additional amendment
proposals shall be considered by the county after adoption of the final docket for that
year; except for exceptions and emergencies as set forth in JCC 18.45.030, and county-
sponsored proposals to amend the capital facilities element of the Comprehensive Plan as
set forth in JCC 18.45.040(2Xa). [Old. 18-02 ~ 2 (Exh. B); Old. 11-00 ~ 9.6]
18.45.070 - Final docket - DCD review and recommendation - SEP A review.
The final docket as adopted by the board of county commissioners shall first be
reviewed and assessed by DeD, and the administrator shall prepare a staffreport and
recommendation on each proposed amendment. DCD shall also be responsible for
conducting SEP A review of all items on the final docket (see Article X of Chapter 18.40
JCC). As appropriate, the administrator shall solicit comments regarding the proposed
amendments from the public and/or government agencies. The administrator shall also
provide notice and opportunity for public comment as deemed appropriate given the
nature of the proposed amendments and consistent with RCW 36.70A.140 and SEP A
(Chapter 43.21C RCW and Chapter 197-11 WAC). [Old. 11-00 ~ 9.7]
18.45.080 Final docket - Planning commission aAciboard of county commissioners
review.
(1) Planning Commission Review. All proposed amendments on the final docket
shall be reviewed and assessed by the planning commission, which shall make a
recommendation to the board of county commissioners after holding at least one open
record public hearing.
(a) Notice. The hearing before the planning commission shall be noticed by one
publication in the official newspaper of the county at least -10 days prior to the date of the
hearing and by posting a copy of the notice of hearing in the Jefferson County
Courthouse. This notice shall include the following:
(i) The purpose(s) of amending and/or updating the Comprehensive Plan;
(ii) The deadline for submitting comments on the amendments; and
(iii) A tentative hearing schedule; continued hearings may be held by the planning
commission but no additional notices need be published.
(b) Required Findings - Generally. For all proposed amendments, the planning
commission shall develop findings and conclusions and a recommendation which
consider the growth management indicators set forth in JCC 18.45.050(4)(b)(I) through
(b )(7), as well as the following:
(i) Whether circumstances related to the proposed amendment and/or the area in
which it is located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan; .
(ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan
is based are no longer valid, or whether new information is available which was not
considered during the adoption process or any annual amendments of the Jefferson
County Comprehensive Plan; and
(iii) Whether the proposed amendment reflects current widely held values of the
residents of Jefferson County.
Adopted by Board of County Commissioners
By Ord #
6
(c) Additional Required Findings - Formal Site-Specific Amendments. In addition to
the required findings set forth in subsection (1 )(b) of this section, in order to recommend
approval of a formal site-specific proposal to amend the Comprehensive Plan, the
planning commission must also make the following findings:
(i) The proposed site-specific amendment meets concurrency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.g., sheriff, fire and emergency medical services, parks,
fire flow, and general governmental services);
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan;
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts to the county's transportation network, capital facilities, utilities, parks,
and environmental features that cannot be mitigated, and will not place uncompensated
burdens upon existing or planned service capabilities;
(iv) In the case of a site-specific amendment to the land use map, that the subject
parcels are physically suitable for the requested land use designation and the anticipated
land use development, including but not limited to the following:
(A) Access; '.
(B) Provision of utilities; and
(C) Compatibility with existing and planned surrounding land uses;
(v) The proposed site-specific amendment will not create a pressure to change the
land use designation of other properties, unless the change of land use designation for
other properties is in the long-term best interests of the county as a whole;
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the bases of the Comprehensive. Plan;
(vii) If within an unincorporated urban growth area (UGA), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities and
services to the immediate area and the overall UGA;
(viii) The proposed amendment is consistent with the Growth Management Act
(Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any
other applicable inter-jurisdictional policies or agreements, and any other local, state or
federal laws.
(d) Recommendation. The planning commission's findings and conclusions shall
include a recommendation to the board of county commissioners that the proposed
amendment(s) be denied, approved, or approved with conditions or modifications.
(2) Board of County Commissioners Review - Appeals.
(a) Board of County Commissioners Workshop. The board of county commissioners
may first review the recommendation of the planning commission in a workshop'
meeting(s).
(b) Board of County Commissioners Review. The board of county commissioners
shall consider the proposed amendments to the Comprehensive Plan at a regularly
scheduled meeting. If after considering the matter at the regularly scheduled public
meeting the board of county commissioners deems a change in the recommendation of
the planning commission to be necessary, the change shall not be incorporated until the
board conducts its own public hearing using the procedures set forth under JCC
Adopted by Board of County Commissioners
By Ord #
7
18.40.310. The hearing shall be noticed by one publication in the official newspaper of
the COWlty at least 10 days prior to the date of the hearing, and by posting copies of the
notice of hearing in the Jefferson COWlty Courthouse. The notice and public hearing for
proposed Comprehensive Plan amendments may be combined with any notice or public
hearing for proposed amendments to the COWlty'S Comprehensive Plan implementing
regulations (e.g., this code), or for other actions of the board of COWlty commissioners.
(c) Criteria for Evaluation of Proposed Plan Amendments. The board of COWlty
commissioners shall apply the same criteria as the planning commission as set forth in
subsections (l )(b) and (1)( c) of this section, as applicable.'
(d) Adoption by Ordinance. The board of county commissioners shall adopt any
amendments to the Jefferson County Comprehensive Plan by ordinance. This final action
on the docket must be taken by the second regular board meeting in December of each
year.
(e) Transmittal to State. The administrator shall transmit a copy of any proposed
amendment of the Comprehensive Plan to the Washington State Office of Community
Development (OCD) at least 60 days prior to the expected date of final action by the
board of COWlty commissioners, as consistent with Chapter 36.70A RCW. The
administrator shall transmit a copy of any adopted Comprehensive Plan amendment to
OCD within 10 days after adoption by the board. "
(f) Appeals. All appeals to the adoption of an amendment to the Jefferson County
Comprehensive Plan shall be filed with and processed by the Western Washington
Growth Management Hearings Board in accordance with the provisions of Chapter
36.70A RCW. [Ord. 11-00 ~ 9.8]
18.45.090 Amendments to GMA implementing regulations.
(1) Initiation. The text of the county's adopted Comprehensive Plan implementing
regulations (also referred to within this code as-"development regulations") may be
amended at any time, provided the amendment is consistent with the Jefferson County
Comprehensive Plan and land use map. When I inconsistent with the Comprehensive Plan
and land use map, the amendment shall be processed concurrent with any necessary plan
amendments using the process and timelines for plan amendments set forth in this
chapter. "Implementing regulations" means the controls placed on development or land
use activities by the county, including, but not limited to, this Unified Development
Code, the Jefferson County Shoreline Master Program, or any other official controls
required to implement the plan (see RCW 36.70A.030). Proposed amendments, changes,
or modifications may be initiated as follows:
(a) When consistent with the plan, at any time at the direction of the board of county
commissioners or by the planning commission pursuant to RCW 36.70.550;
(b) When inconsistent with the plan, under the process and time lines for
Comprehensive Plan amendments by any interested person consistent with this cl1apter;
or
(c) Immediately following or concurrent with an amendment or amendments to the
Jefferson COWlty Comprehensive Plan, the implementing regulations shall be amended to
be consistent with the plan and land use map.
(2) Notice.
(a) Proposed amendments to the implementing regulations pursuant to subsection (1)
of this section which must be processed concurrently with an amendment to the
Adopted by Board o/County Commissioners
By Ord #
8
Comprehensive Plan and land use map shall be processed and noticed in the same manner
as plan amendments consistent with this chapter.
(b) Notice of any hearing on amendments to the implementing regulations generated
by DCD staff, the board of county commissioners or the planning commission outside of
the annual Comprehensive Plan amendment process shall be given by one publication in
the official newspaper of the county at least 10 days prior to the date of the hearing and
by posting a copy of the notice of hearing in the Jefferson County Courthouse.
(c) Any additional notice required by state or local law (e.g., statutory notice
requirements for amendments to the Shoreline Master Program), or deemed appropriate
by the administrator, shall be paid for by the applicant.
(3) Planning Commission Review. The planning commission shall hold a public
hearing on any amendment(s) to the implementing regulations and shall make a
recommendation to the board of county commissioners using the site-specific criteria set
forth in JCC 18.45.080(1)(b) and (l)(c), as applicable.
(4) Board of County Commissioners Review. The board of county commissioners
shall consider the proposed amendments at a regularly scheduled meeting.
(a) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as
applicable, the board of county commissioners concludes that no change in the
recommendation of the planning commission is neces~ary, the board may make a final
determination on the proposed amendment(s) and adopt the amendments as
recommended by the planning commission.
(b) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)( c), as
applicable, the board of county commissioners concludes that a change in the
recommendation of the planning commission is necessary, the change shall not be
incorporated until the board conducts its own public hearing using the procedures set
forth under JCC 18.40:310: The hearing shall be noticed "by one publication in the' official
newspaper of the county at least 10 days prior to the date of the hearing, and by posting
copies of the notice of hearing in the Jefferson County Courthouse. The notice and public
hearing for proposed amendments to implementing regulations may be combined with
any notice or public hearing for proposed amendments to the Comprehensive Plan or for
other actions of the board of county commissioners.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed
amendment(s) to the implementing regulations at least 60 days prior to the expected date
of final action by the board of county commissioners, as consistent with Chapter 36.70A
RCW. The administrator shall transmit a copy of any adopted amendment(s) to the
implementing regulations to OCD within 10 days after adoption by the board.
(6) Appeals. All appeals to the adoption of any amendment(s) to the implementing
regulations shall be filed with and processed by the Western Washington Growth
Management Hearings Board in accordance with the provisions of Chapter 36.7<>>\. RCW.
[Old. 11-00 ~ 9.9]
Adopted by Board of County Commissioners
By Ord #
9
Chapter 18.50
ENFORCEMENT
Sections:
18.50.010 Intent.
18.50.020 Violations.
18.50.030 Enforcement and duty to enforce.
18.50.040 Site investigation and right of entry.
18.50.050' Notice of voluiltary correction.
18.50.060 Notice and order.
18.50.070 Stop work order and emergency order.
18.50.080 Appeal to hearing examiner.
18.50.090 Final order-Enforcement.
18.50.100 Suspension and revocation of permits.
18.50.110 Civil and criminal penalties.
18.50.120 Exception to enforcement and penalties - Land divisions.
18.50.130 Recovery of civil penalty and cost of abatement.
18.50.010 Intent.
(1) The primary intent of all enforcement actions described in this chapter is to
educate the public and to encourage the voluntary correction of violations to protect the
public health, safety and welfare. If voluntary compliance fails or is inapplicable in a
given case civil and criminal penalties will be used when necessary to ensure compliance
with the provisions of this UDC. Criminal charges will be brought only when civil
remedies have failed to ensure compliance and all lesser enforcement tools have proved
futile.
(2) Nothing in this chapter shall be construed to prevent the building official, fire
marshal, or local fire chief from following the enforcement process and provisions of the
International Building Code, Fire Code, or any other standardized code adopted by the
county. fOrd. 11-00 S 10.1]
18.50.020 Violations.
(1) It is a violation of this UDC for any person to initiate or maintain, or to cause to
be initiated or maintained, any use, alteration, construction, location, or demolition of any
structure, land, or property within Jefferson County without first obtaining permits or
authorizations required by this UDC.
(2) It is a violation of this UDC to remove or deface any sign, notice, complaint, or
order required by or posted in accordance with this UDC.
(3) It is a violation of this UOC to misrepresent any material fact in any application,
plans, or other information submitted to obtain any land use authorization.
(4) It is a violation for any person to fail to comply with provisions of this cotle, to
fail to comply with the terms or conditions of a permit issued pursuant to this UDC, or to
fail to comply with any or all notices or orders issued pursuant to this chapter. [Ord. 11-
00 S 10.2]
18.50.030 Enforcement and duty to enforce.
(1) Provisions of this UDC will be enforced for the benefit of the health, safety, and
welfare of the general public and the environment and, not for the benefit of any
particular person or class of persons.
Adopted by Board of County Commissioners
By Ord #
1
(2) The administrator is authorized to use the provisions of this chapter to remove,
prevent and stop violations of this ODe. The administrator may call upon law
enforcement, fire, heal~ or other appropriate county departments to assist in
enforcement.
(3) The owner of any real or personal property subject to enforcement action and/or
any person responsible for a violation at a particular site or real property shall be
individually and jointly liable for failure to comply with this UDC or to comply with any
and all notices or orders issued pursuant to this code.
(4) No provision or term used in this chapter is intended to impose any duty upon the
county or any of its officers or employees, which would subject them or the county to
damages in a civil action. [Ord. 11-00 ~ 10.3]
18.50.040 Site investigation and right of entry.
(1 ) Any person submitting an application for any land use permit or any other land
use activities shall also be requested to give written consent to on-site inspection of their
property solely for the purpose of assessing compliance with any or all county
development regulations applicable to the land use permit or proposal submitted by that
applicant.
(2) The administrator may, with the writt~n consent of the owner, enter any building,
structure, property or portion thereof at reasonable times to inspect the same in order to
determine whether the applicant and/or owner are in compliance with any and all
development regulations applicable to the land use permit or proposal submitted by that
applicant.
(3) If written consent of the applicant or owner to enter private property exists and if
the administrator should find such building, structure, property or portion thereof to be
occupied, then the administrator shall present identification credentials, state the reasons
for the inspection, .and .request entry.
(4) If written consent of the applicant or owner to enter private property exists and if
the administrator should find such building, structure, property or portion thereof to be
unoccupied, then the administrator shall first make a reasonable effort to locate the owner
or other persons having charge or control of th.e building, structure, property or portion
thereof and request entry. If the administrator is unable to locate the owner or such other
persons, and has reason to believe that conditions therein create an immediate and
irreparable land use of safety hazard, the administrator may enter to investigate land use
violations or safety hazards.
(5) Should the administrator be denied written consent to access such private property
in order to carry out the purpose and provision of this section, then the administrator
shall, if entry upon private property is deemed necessary, be required to obtain a lawful
search warrant executed by a neutral magistrate or judge based upon sufficient sworn
proof of probable cause prior to entry upon private property.
(6) At such time as the county, through itsiadministrator, concludes that the applicant
has complied with all development regulatioll$ applicable to the applicant's proposal or
application for one or more land use permits the written consent to enter the premises of
the applicant for inspection and observation as permitted by this section shall
immediately expire.
(7) Because there will be circumstances, a 'complaint or facts where an investigation
of real property will be required that does not arise from an existing application or
Adopted by Board of County Commissioners
By Ord #
2
request for one or more land use permits, the administrator is permitted to take all lawful
steps to investigate those circumstances or facts, including, but not limited to, obtaining a
lawful search warrant executed by a neutral magistrate or judge based upon sufficient
sworn proof of probable cause prior to entry upon private property. [Ord. 11-00 ~ lOA]
18.50.050 Notice of voluntary correction.
(1) If after investigation, the administrator determines that any provision of the UDC
has been violated, a notice of voluntary correction letter should be the first attempt at
obtaining compliance. If voluntary compliance is not obtained, the administrator shall
serve a nolice and order, as set forth in ICC 18.50.060(6), ,upon the owner and person(s)
responsible for the violation.
(2) The notice of voluntary correction shall state the following:
(a) The street address, when available, and/or a legal description of real property
sufficient to identify where the violation occurred or is located;
(b) Description of the activity that is causing a violation;
(c) Each provision violated under county regulations;
(d) The corrective action necessary to comply with said provisions;
(e) A reasonable time and date by which the corrective action is to be completed,
however, in no event shall the time given for voluntary correction be greater than 60
calendar days, except as provided in subsection (4) oftl:ris section; and
(f) That continued or subsequent violation may result in civil enforcement actions, as
provided in JCC 18.50.110, to include monetary civil peIlalties, and/or abatement
proceedings enforceable as a lien against property or as apersonal obligation.
(3) Following a notice of voluntary correction, the administrator and person in
violation may meet to develop a compliance plan. The compliance plan shall establish a
reasonable and specific time frame for compliance. No further action will be taken if the
terms of the compliance plan are met. If no compliance plan is established, a notice and
order will proceed.
(4) Upon written request received prior to the correction date, an administrator may,
for good cause shown, grant an extension of the date set for correction for an amount of
time as deemed reasonable by the administrator. The administrator may only consider as
good cause: (a) substantial completion of necessary correction; (b) unforeseeable
circumstances not caused by the person so as to make completion impossible by the date
established; or (c) procedural requirements for obtaining a permit to carry out the
corrective action.
(5) The voluntary correction process is optional as deemed by the administrator. If
the administrator believes that the requirements of this chapter are not being met, the
administrator shall, in addition to the notice and order, issue applicable stop work or
emergency orders. [Ord. 11-00 ~ 10.5]
18.50.060 Notice and order.
(1) Whenever the voluntary correction process set forth in ICC 18.50.050 is
unsuccessful, or the administrator believes that the violation can only be promptly and
equitably corrected by an immediate administrative notice and order, the administrator
shall issue a written notice and order directed either to the owner or operator of the source
of violation, the person in possession of the property where the violation originates or the
person otherwise causing or responsible for the violation.
(2) The notice and order shall state the following:
Adopted by Board o/County Commissioners
By Ord #
3
(a) The street address, when available, and/or a legal description of real property
sufficient to identify where the violation occurred or is located;
(b) A statement that the administrator ~ found the person to be in violation of a land
use regulation, with a brief and concise descqption of the conditions found to be in
violation and a reference to county regulatiort(s) which has been violated;
(c) A statement of the corrective action required to be taken. If the administrator has
determined that corrective work is required, the notice and order shall require that all
required permits be secured, that work physically be commenced and that the work be
completed within such times as the administrator determines are reasonable under the
circumstances;
(d) A statement specifying the amount o~ any civil penalty that may be assessed and
subsequently perfected and collected at a lat~ date on account of the violation and, if
applicable, the conditions on which the assessment of such civil penalty is based;( e)
A statement advising that if any work is not commenced or completed within the
times specified, the administrator will proceed to cause abatement of the violation and
cause the work to be done and charge costs as a lien against the property;
(f) A statement advising that if any assessed civil penalty is not paid, the
administrator will charge the amount of the penalty as alien against the property and as a
joint and separate personal obligation of any person i~'violation; and
(g) A description of the available appeals: process.:
(3) The notice and order may be appealed within 14 calendar days from the date of
the notice and order to the hearing examiner, pursuant to the provisions of JCC
18.50.080. The appeal shall be accompanied by an appeal fee in an amount set forth by
the county.
(4) Any per-day civil penalty shall not accrue during the pendancy of such
administrative appeal, UIlless the hearing examiner determines that the appeal is frivolous
or intended solely to delay compliance.
(5) A failure to file a timely and complete appeal will constitute a waiver of all rights
to an administrative appeal under this UDC.
(6) The notice of voluntary correction, notice and order, stop work order, or
emergency order shall be served upon the owner and person(s) responsible for the
violation by the administrator or his designated representative over the age of 18. The
administrator may also mail a certified copy of such notice and orders, mailing such a
certified copy of the notice and orders to the fee or record owner of the property at the
address where that record owner receives the' related tax bills for that real property from
the Jefferson County treasurer. If the address lof any such person cannot reasonably be
ascertained, a copy of the notice and order shall be mailed to such person at the address
of the location of the violation. The failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under this chapter. Service by mail in the
manner provided in this chapter shall be effective on the date of postmark. The notice and
order may be, but is not required to be, posted on the subject property. [Ord. 11-00 ~
10.6]
18.50.070 Stop work order and emergency order.
(l) Stop Work Order. Whenever a continlJing violation of any regulations within the
UDC will (a) materially impair the administrator's ability to secure compliance with the
UDC; or (b) threaten the health or safety oftlile public; or (c) threaten or harms the
Adopted by Board of County Commissioners
By Ord #
4
environment, then the administrator may issue a stop work order specifying the violation
and prohibiting any work or other activity at the site. The order may be posted on the
subject property or may be served on persons engaged in any work in violation of this
chapter. No further work or activity shall proceed, unless and until authorized by the
administrator in writing. In the event the administrator issues a stop work order, the
voluntary correction procedures of JCC 18.50.050 and the notice and order provisions of
JCC 18.50.060 shall not apply. A failure to comply with a stop work order shall
constitute a violation of this chapter.
(2) Emergency Order. Whenever any use or activity in, violation of the UDC threatens
the health or safety of occupants of the premises or property, any member of the public or
the environment, the administrator may issue an emergency order directing that the use or
activity be discontinued and the condition causing threat to health and safety or threat and
harm to the environment be corrected. The emergency order shall be served on the
person(s) responsible pursuant to JCC 18.50:060(6), which shall specify the time for
compliance, and should be posted in a conspicuous place on the premises, if posting is
physically possible. Failure to comply with an emergency order shall constitute a
violation of this code. In the event the administrator issues an emergency order, the
voluntary correction procedures of JCC 18.50.050 and the notice and order provisions of
JCC 18.50.060 shall not apply. A failure to comply with an emergency order shall
constitute a violation of this chapter. [Ord. 11-00 ~ H)';7]
18.50.080 Appeal to hearing examiner.
(1 ) Appeal. A person to whom a formal notice and order or an abatement order is
directed may appeal such order by filing a written notice of appeal with DCD within 14
calendar days from the date of the notice and order to the hearing examiner pursuant to
the provisions of Chapter 18.40 JCC.
(2) Fee. The appeal shall be accompanied by an appeal fee in an amount set forth by
the county.
(3) Stay. Any per-day civil penalty shall not accrue during the pendency of such
administrative appeal unless the hearing examiner determines that the appeal is frivolous
or intended solely to cause delay. Enforcement of any formal notice and order or
abatement order of the administrator issued pursuant to this chapter shall be stayed during
the pendency of any appeal under this chapter, except when the administrator issues an
emergency order and/or stop work order pursuant to JCC 18.50.070.
(4) Waiver. Failure to file a timely and complete appeal will constitute a waiver of all
rights to an administrative appeal under the UDC.
(5) Administrative Conference. At any time prior to the convening of an appeal
hearing of a notice and order issued pursuant to JCC 18.50.060, an informal
administrative conference may be conducted by the administrator for the purposes of
bringing communications between concerned parties and providing a forum for efficient
resolution of any violation. The administrator may call a conference on his or her own
initiative or in response to a request from the appellant. Any person attending this
informal administrative conference agrees that any settlement offer(s), statements or
representations made at that conference by any person or by the administrator shall not be
admissible at any subsequent hearing or proceeding. As a result of information developed
at the conference, the administrator may affirm, modify or revoke the order. If the order
is to be modified, a supplemental notice and order shall be issued which shall be subject
Adopted by Board of County Commissioners
By Ord #
5
to the same procedures applicable to all notices and orders contained in this chapter. The
administrative conference is optional with the administrator, and is not a prerequisite to
utilization of any of the enforcement provisions described in this chapter. [Ord. 11-00 ~
10.8]
(6) Notification for appeal hearings shall ifollow the notification provisions of ICC
18.40.230
18.50.090 Final order - Enforcement.
If, after any order duly issued by the administrator has become final, the person to
whom such order is directed fails, neglects or refuses to obey such order, including
refusal to pay a civil penalty assessed and later perfected pursuant to such an order,
pursuant to ICC 18.50.110, the administrator may, with assistance from other COWIty
agencies if needed:
(I) Institute any appropriate action needed to collect a civil penalty assessed WIder
this chapter; and/or
(2) Abate the land use violation using the procedures of this chapter; and/or
(3) Pursue criminal penalties as set forth in ICC 18.50.110; and/or
(4) Pursue any other appropriate remedy at law or equity WIder this chapter. fOrd. 11-
00 ~ 10.9]
18.50.100 Suspension and revocation of permits. '.
(1) Suspension - Cause. The administrator may temporarily suspend any permit
issued WIder the UDC for:
(a) Failure of the holder to comply with the requirements of any development
regulations, or rules promulgated thereWIder; or
(b) Failure of the holder to comply with any order issued pursuant to this chapter; or
(c) Interference with the administrator in the performance of his/her duties; or
(d) . Discovery by the administrator that a permit was issued in error or on the basis of
incorrect information supplied to the county; or
(e) Failure to comply with the conditions and/or mitigation measures of any land use
permit.
(2) Whenever the administrator finds justl cause, permit suspension shall be carried
out through the notice and order provisions of ICC 18.50.060 and shall be effective upon
service of the notice and order.
(3) The holder or operator of the permit IIllay appeal the suspension as provided for by
ICC 18.50.080.
(4) Revocation - Cause. The administrator may permanently revoke any permit
issued under the UDC for just cause under subsections (I)(a) through (I)(e) of this
section. [Ord. 11-00 ~ 10.10]
18.50.110 Civil and criminal penalties.
(I) Civil Penalties. Any person who violates any development regulations, or rules or
regulations adopted under the UDC, or the conditions and/or mitigation measures of any
permit issued pursuant to such ordinance, rule or regulation, or who, by any act or
omission procures, aids or abets such violation shall be subject to civil penalties as
provided in this chapter.
(a) Civil penalties may be assessed by the administrator by means of a formal notice
and order issued pursuant to this chapter and may be recovered by legal action filed by
the prosecuting attorney.
Adopted by Board of County Commissioners
By Ord #
6
(b) Civil penalties, once perfected through the appropriate legal action, shall be
collected in the same manner as judgments in civil actions.
(c) Civil penalties shall be a cumulative penalty in the amount of $100.00 per day for
each violation. Penalties for the second separate violation of a like nature by the same
person within a period of two years shall be double that rate.
(d) Each and every day or portion thereof during which any violation is committed,
continued, permitted or not corrected shall be deemed a violation for purposes of this
chapter. Civil penalties for violation of any formal notice and order to correct the
violation, stop work order, emergency order or any other oJder issued by the
administrator pursuant to this chapter (except an order to secure voluntary correction)
shall begin to accrue on the first day the order is served and shall cease on the day the
violation is actually stopped or the correction is completed.
(e) In addition to the penalties set forth in ICC 18.50.110, violations causing
significant damage as defined by the following acts may also be assessed penalties at an
amount reasonably determined by the administrator to be equivalent to the economic
benefit that the violator derives from the violation, as measured by the greater of the
resulting increase in market value of the property or the value received by the violator, or
savings of construction costs realized by the violator:
(i) Grading (filling and/or excavation), clearing of vegetation and trees, and/or
draining of riparian corridors, wetlands and their buffers; ,or
(ii) Destruction of a historic landmark, or cultural or archaeological artifact as defined
by county ordinance.
(2) Payment of a civil penalty initially assessed pursuant to this chapter does not
relieve a person of the duty to correct or remediate the violation as ordered by the
administrator.
(3) In addition to any other penalty under this chapter, the administrator is authorized
to suspend or revoke any permits issued pursuant to the UDC as further set forth in this
chapter.
(4) Criminal Penalties. As a final alternative to any other administrative or legal
remedies under this chapter, any person who willfully or knowingly violates or fails to
comply with any stop work order or emergency order, issued by the administrator
pursuant to this chapter, is guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than $1,000 or by imprisonment for not more than 180
days, or by both such fine and imprisonment. Each day such violation or failure to
comply continues shall be considered an additional misdemeanor offense.
(5) Additional Relief. Notwithstanding other remedies in this chapter, the
administrator may seek legal or equitable relief to enjoin any acts or practices or abate
any conditions which constitute or will constitute a violation of any land use provision or
regulations adopted under the UDC when civil or criminal penalties are inadequate to
effect compliance.
(6) Violator's Liability for Damages. Any person who violates any provisions or any
permit issued under the UDC shall be liable for all damage to public or private property
arising from such violation, including the cost of restoring the affected area to its
condition prior to violation. The prosecuting attorney may bring suit for damages under
this chapter on behalf of the county. If liability has been established for the cost of
restoring an area affected by a violation, the court shall make provision to assure that
Adopted by Board of County Commissioners
By Ord #
7
restoration will be accomplished within a reasonable time at the expense of the violator.
[Ord. 11-00 ~ 10.11]
18.50.120 Exception to enforcement and penalties - Land divisions.
The procedures and penalties of this chapter expressly do not repeal and replace
the penalties and enforcement provisions of Ohapter 18.35 JCC, Land Divisions, but shall
apply only to conditions of final plat approval. All other enforcement and penalty
provisions of Chapter 18.35 JCC, as they now exist or are later amended, shall remain in
full force and effect. [Ord. 11-00 ~ 10.12]
18.50.130- Recovery of civil penalty and cost of abatement.
(1) Lien - Authorized. Jefferson County shall have an unperfected lien for any civil
penalty imposed or for the cost of any abatement work done pursuant to this chapter, or
both, against the real property on which the civil penalty was imposed or any of the
abatement work performed.
(2) Personal Obligation - Authorized. The civil penalty and the cost of abatement are
also joint and separate personal obligations of any person or entity in violation. The
prosecuting attorney on behalf of the county may collect the civil penalty and abatement
work costs by use of all appropriate legal rem~dies.
(3) Lien - Foreclosure. The administrator Ishall cause a claim for lien to be filed for
record in the Jefferson County auditor's office within,~O days of the date when the lien
was perfected. ~
(4) The claim of lien shall contain the following:
(a) The authority for imposing a civil penalty or proceeding to abate the violation, or
both;
(b) Proof, which may come from the document itself, of the legal perfection of the
lien;
(c) A brief description. of the civil penalty imposed or the abatement work done, or
both, including the violations charged and the, duration thereof, including the time the
work is commenced and completed and the name of the persons or organizations
performing the work;
(d) A legal description of the property to be charged with the lien;
(e) The name of the known or reputed owner, and, if not known, the fact shall be
alleged; and
(f) The amount, including lawful and reasonable costs for which the lien is claimed.
(5) Verification. The administrator shall sjgn and verify the claim by oath to the
effect that the administrator believes the claim is just.
(6) Amendment. The claim of lien may be amended in case of action brought to
foreclose same, by order of the court, insofar as the interests of third parties shall not be
detrimentally affected by amendment. Nothing shall prevent the administrator from
removing or reducing the civil assessment or lien upon satisfactory evidence that.the
violation of this development code has been abated, resolved, or removed.
(7) Foreclosure. The lien provided by this chapter, once perfected and recorded as a
lien against any real property owned in Washington by the debtor, may be foreclosed and
enforced by a civil action in a court having jUl1i.sdiction. All persons who have legally
filed claims of liens against the same property' prior to commencement of the action shall
be joined as parties, either plaintiff or defendant. [Ord. 11-00 ~ 10.13]
Adopted by Board of County Commissioners
By Ord #
8
"The County Commissioners, through adoption of Ordinance
# , hereby put the reader on notice that Chapter 18.18
of the Jefferson County Code, listed in its entirety below, is null
and void and has no force and effect and shall not regulate,
control or be applicable to any development, permitting process
or other land use action that will occur or is proposed to occur
within the boundaries of the Port Hadlock/Irondale Urban
Growth Area until such time as the Western Washington
Growth Management Hearings Board ("WWGMHB") states in
writing that these development regulations are compliant with
Ch. 36.70A RCW, commonly known as the Growth
Management Act or "GMA." Until such time as there is a
final adjudication by the WWGMHB or any other court of
competent jurisdiction which finds Ch. 18.18 JCC to be
compliant with the GMA, rural s~~ards shall control and
regulate the development of, permitting process for or other
land use decisions for proposals that would occur, if approved
or allowed, upon real property within the boundaries of the Port
Hadlock/Irondale Urban Growth Area."
Chapter 1 ~.18 .
IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULA nON
IMPLEMENTATION
Sections:
18.18.010
18.18.020
18.18.030
18.18.040
18.18.050
18.18.060
18.18.070
18.18.080
18.18.090
18.18.100
18.18.110
18.18.120
18.18.010
Purpose.
Establishment of urban growth area (UGA) land use and zoning districts.
Purpose ofUGA land use and zoning districts.
Use tables.
Density, dimension and open space standards.
Development requirements and performance standards.
Landscaping.
Parking and pedestrian circulation.
Lighting.
Signs.
Design standards.
Site plan approval required in the Irondale and Port Hadlock UGA.
Purpose.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. AI/owed uses for rural zoning designations and
requirements for development can be found in Chapters I 8. 15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
The purpose of this chapter is to establish land use controls and regulations for the
unincorporated Irondale and Port Hadlock tmban growth area consistent with the adopted
Jefferson County Comprehensive Plan. [Ord! 10-04 ~ 3,2004].
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Urban Residential Urban low density residential (ULPR)
Urban moderate density residential (UMDR)
Urban high density residential (UHDR)
Urban Commercial Urban commercial (UC)
Visitor-oriented commercial (VOC)
Urban Industrial Urban light industrial (ULI)
Public Public (P)
[Ord. 10-04 ~ 3,2004].
18.18.030 Purpose ofUGA land use and zoning districts.
The purposes of the land use and zOnlng districts are as follows:
(1) Urban Commercial (UC). The purpose of the urban commercial designation is to
provide for a wide range of commercial activities and compatible residential uses that
provide for community and regional goods and services for residents of the UGA and
surrounding areas of eastern Jefferson County as well as the traveling public;
(2) Visitor-Oriented Commercial (VOC). The purpose of the VOC designation is to
recognize the unique area of the Old Alcohol Plant and provide for multiuse commercial
and residential uses and for visitor-oriented lodging, goods and services, and urban
residential development opportunities consistent with the historical and tourism-related
character of the area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to
provide for areas of single-family urban residential development that are separate from
commercial and industrial uses and activitie~;
(4) Urban Moderate Density Residentiall(UMDR). The purpose of the UMDR district
is to provide for areas of mixed single-family and moderate density multifamily urban
residential development;
(5) Urban High Density Residential (UHDR). The purpose of the UHDR district is to
provide for areas of high density multifamily residential development;
(6) Urban Light Industrial (ULI). The purpose of the ULI designation is to allow for
low intensity and low nuisance potential industrial uses; and
(7) Public (P). The purpose of the P designation is to provide for the siting of
important public facilities and services compatible. [Ord. 10-04 ~ 3,2004].
18.18.040 Use tables.
This section establishes whether a specific use is allowed, prohibited, conditional
or otherwise designated.
Table 3-1. Allowable and Prohibited Uses
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, atui Rural Residential 1 : 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters18.l5 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
How To Use This Table
Table 3A-l displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified
by the following:
· The location may have a multiple designation. This would be true of the
Shoreline Master Program, a subarea plan, or an overlay district applied to the location.
The Shoreline Master Program (SMP) should be consulted if the location of interest is
subject to the SMP jurisdiction. See also Notes 1 to 3 to this table.
· All regulations in this code apply to the uses in these tables. To determine
whether a particular use or activity can occur in a particular land use district and location,
all relevant regulations must also be consulted in addition to this table.
· A development proposal within 200 feet of the ordinary high water mark
of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is
subject to the applicable provisions of Chapter 18.15 ICC.
· Overlay districts provide policies and regulations in addition to those of
the underlying land use districts for certain land areas and for uses that warrant specific
recognition and management. For any land use or dey,elopment proposed to be located
entirely or partly within an overlay district, or within the jurisdiction of a subarea plan,
the applicable provisions of the overlay district or subarea plan as provided in Articles VI
and VII of Chapter 18.15 ICC shall prevail over any conflicting provisions of the UDC.
Categories of Uses
Yes = Uses allowed subject to the provisioD;S of this code, including meeting
. applicable performance standards (Chapter 18.20 ICC) and development standards .
(Chapter 18.30 ICC); if a building or other development permit is required, this use is
also subject to project permit approval; see Chapter 18.40 ICC.
D Discretionary uses are certain named and all unnamed uses which may be
allowed subject to administrative approval and consistency with the UDC, unless the
administrator prohibits the use or requires a conditional use permit based on project
impacts; see ICC 18.15.045 and Chapter 18.40 ICC.
C = Conditional uses, subject to criteria, public notice, written public comment
and public hearing procedure; see ICC 18.40.080.
C(a) = Conditional uses, subject to criteria, public notice, written public
comment, and an administrative approval procedure, but not a public hearing; see ICC
18.40.080.
C( d) = Conditional uses, subject to criteria, public notice, written public comment
and, at the discretion of the administrator, a public hearing procedure, if warranted, based
on the project's potential impacts, size or complexity, according to criteria in ICC
18.40.550 of the UDC; see ICC 18.40.080.
No = Prohibited use.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
Table 3A-l
Allowable and
Prohibited Uses Irondale and Port Hadlock Urban Growth Area (UGA) Zoning
Districts
Commercial Residential Industrial Public
Urban Commercial Visitor-
Oriented Commercial Urban Low Density Rlesidential , Urban Moderate Density
Residential Urban High Density Residential Urban Light IndustrialPublic
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Uses
Single-Family Housing
Single family residences Existing only Yes Yes Yes No No No
Duplexes (subject to meeting underlying density requirements) Existing only Yes
Yes Yes No No No
Manufactured/mobile home parks Existing only No Yes Existing only Yes
No No
Multifamily Housing
Multifamily residential units (3+ units) Yes 1 . 'Yes No Yes Yes No
No
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted living facilities Yes No Yes Yes Yes
No No
Accessory Uses
Accessory dwellings units Yes Yes Yes Yes Yes No No.
Home businesses Yes Yes Yes Yes Yes No No
Cottage industries Yes No No No No No No
Commercial Uses
Animal shelters and kennels, commercial C(a) C(a) No No No No
No
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No No No No No
Automobile repair and/or restoration Yes Yes No No No Yes No
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
Bed and breakfast residence Yes Yes Yes Yes Yes No No
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales and storage Yes Yes No No No Yes No
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the HadlOl;k Rural Village Center, Nesses' Comer General
Crossroads, lrondale Corner General Crossroads, and Rural Residential J: 5. Please refer to the
disclaimer at the beginning of this chapter. Allowediuses for rural zoning designations and
requirements for development can be found in Chapt'ers J 8. J 5 Land Use Districts, J 8.20 Performance
Standards, and J 8.30 Development Standards in the Jefferson County Code.
Bowling alley Yes Yes No No No No No
Building supply and hardware store Yes No No No No No No
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental, and vision) and veterinary clinics and hospitals Yes Yes
No No No No No
Convenience store Yes Yes No No No No No
Contractor yards (commercial excavating) Yes No No No No Yes
No
Drinking establishment Yes Yes No No No No Yes
Eating establishment Yes Yes No No No Yes2 Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl. motel/hotel)3 Yes Yes No No No No
No
Lumber yard Yes No No No No ~o No
Mini-storage facilities No No No No No" Yes No
Warehouse/moving storage Yes No No No . No Yes No
Personal and professional services Yes Yes No No No No No
Retail sales and services Yes Yes No No No No No
Unnamed commercial uses D D No No No No No
Industrial Uses
Asphalt batch plants No No No No No No No'
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental services Yes No No No No Yes
No
Heavy industry No No No No No No No
Light industry No No No No No Yes No
Outdoor storage yards Yes No No No No Yes No
Resource processing, accessory to extraction operations No No No No
No Yes No
Mining and mineral extraction activities No No No No No Yes
No
Recycling center C No No No No Yes Yes
Warehouse/wholesale distribution center C(a) No No No No Yes
No
(Automobile) wrecking and salvage yards No No No No No Yes
No
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See ICC 18.15.110
Public Purpose Facilities
· College or technical school Yes C No No No Yes Yes
· Emergency services (fire, police, EMS) Yes Yes C C C Yes
Yes
,. Government offices Yes Yes No No No No Yes
· Library/museum/post office Yes Yes No No No No Yes
· Parks No Yes Yes Yes Yes No Yes
· Public works maintenance/equipment stol'8lge shops Yes No No No
No Yes Yes
· Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
· School, primary and secondary Yes Yes C C C No Yes
· Visitor/community center Yes Yes C(d) C(d) C(d) No Yes
· Water and wastewater treatment facilities Yes Yes C(d) C(d) C(d) Yes
Yes
Cemeteries No No C(d) C(d) C(d) No Yes
ChurchC( d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) Cd Yes No No
Unnamed institutional facilities D D D D D D D
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D .D D D D D, D
Utility Uses
Commercial communication facilities See ICC 18.20.130
Utility developments, major C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing only No No Yes
No
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal processing and storage No No No No No
Yes - No
Lumber mill, stationary No No No No No No No
Nurseries Yes No No No No No No
. Unnamed agricultural and forestry uses D D D D D D
D
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Had/oak Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential]: 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirementsfor development can befound in Chaptersl8.IS Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
1 Only allowed in the UC zone as part of a multistory mixed use commercial
development with residential units located above permitted ground floor commercial
uses.
2 Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density
requirement.
[Ord. 10-04 ~ 3, 2004] .
18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban
development within the UGA.
NOTES TO TABLE 3A-2:
1. Fences are exempt from setback requirements, except in the jurisdiction of
the Shoreline Master Program (SMP) or when impairing safe sight lines at intersections,
as determined by the county engineer.
2. Setbacks do not apply to mailboxes; wells; pump houses; bus shelters;
septic systems and drainfields (except in the SMP); landscaping (including berms); utility
apparatus such as poles, wires, pedestals, manholes, and vaults. No other structures or
communication devices (such as antennas, satellite dj,shes) shall be located in the front
setback area unless approved by the administrator. The administrator may reduce the
minimum front road setbacks if the strict application of such setback would render a legal
lot of record unbuildable under the provisions of this code.
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator
shafts, flagpoles, utility lines and poles, skylights, communication sending and receiving
devices, HV AC and similar equipment, and spires associated with places of worship are
exempt from height reqUirements. . . . .
4. Structures used for the storage of materials for agricultural activities are
exempt from the maximum building height requirements.
5. Approved subarea plans may establish different bulk and dimensional
requirements for those areas.
6. ''Nt A" = Not applicable.
7. Road Classifications. To clarify the setbacks for urban development
activities within the UGA consistent with the requirements of this section, the following
road designations shall apply:
· Principal arterials. None classified in the UGA.
· Minor arterials. SR 19 (Rhody Drive)
· Major collectors. SR 116 (Ness' Comer Road, Oak Bay Road to Flagler
Road and Flagler Road), Chimacum Road, Irondale Road.
· Minor collectors.
· Local access roads.
· Alleys.
· Private roads.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Comer General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 1 8.15 Land Use Districts. 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply
to outbuildings for residential or agricultural uses such as detached garages, storage sheds
or tool sheds, except for existing lots of record less than five acres wherein the minimum
rear and side yard setbacks for outbuildings shall be five feet.
Table 3A-2
Density and Dimensional Standards lrondale and Port Hadlock Urban Growth Area
(UGA)
Commercial Residential Industrial Public
Urban CommerciaV
Visitor-Oriented Commercial Urban Low Density Residential Urban Moderate
Density Residential Urban High Density Residential Urban Light IndustrialPublic
Development Standard UCNOC ULDR UMDR UHDR ULI P
Allowed Residential Density 7-24 units/acre4 4-6 units/acre 7-14 units/acre 14-24
units/acre N/ A N/ A
[Note: Standard densities apply to development with connection required to sanitary
sewer system. On-site sewer code allows minimum 12,500 sq. ft. lot for on-site septic
systems with waivers possible to approximately minimum 7,500 sq. ft. However, the
code does not allow waivers less than 12,500 sq. ft. for lots within critical aquifer
recharge areas (CARAs). Therefore standard density in the ULDR zone (inside CARAs
and outside of20-year sewer service area) is approximately 3.5 d.u.'s/acre. Standard
density of 4 d.u. 's!acre in the ULDR zone (outside CARAs and outside of 20-year sewer
service area) may be achieved only by compliance with the waiver provisions of the on-
site septic code. Maximum density of6 d.u.'s/acre in the ULDR only achievable by
connection to sanitary.sewer (allowed within the optional sewer service area overlay).]
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public
health and environmental protection standards contained in the Jefferson County
Regulations. Ability to subdivide is regulated by the permitted development density.
Minimum Front or Street Setbacks (Note: The administrator may alter the local access
road setback requirements for subdivisions; provided, that pedestrian facilities are
constructed and that reduced sightlines for vehicular traffic do not create a public safety
concern.]
Local access roads 20 20 20 20 20 20
· Alleys 0 0 0 0 0 0
· Private roads 10 10 10 10 10 10
Minor Collector 20 20 20 20 20 20
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 35 35 35
Minimum Rear and Side Yard Setbacks (see Key Notes)5 5 5 5 5
10 20
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can befound in Chaptersl8.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
Maximum Building Dimensions [Note: Maximum building height recommended for
increase from 35 feet to 70 feet in all commercial/industrial zones as well as the public
and urban high density zone to allow for and accommodate increased densities and mixed
use "residential-over-commercial" development in the urban commercial zone.]
Building Height (feet) 70 35 35 70 70 70
Lot Coverage, Buildings Only (%) No maximum6 60 70 70 No
maximum6
Total Building Size (sq. ft.) None specified
4 Residential development within the urban commercial (DC) zone only allowed as an
upper story mixed-use component of permitted ground floor commercial activities.
5 Special Rear and Side Setbacks [See also notes to Table 3A-2, No.. 8]:
· Wherever a light industrial use is proposed to abut a commercial or residential use or
zone the setback shall be 25 feet, unless otherwise specified in this code.
· Wherever a commercial use is proposed to abut a residential use or zone the setback
shall be 10 feet, unless otherwise specified in this code.
6 Adequate space must be provided for required parking, setbacks, landscaping, utilities,
septic system (if no sewer available) and storm water management facilities, as
applicable. .,
lOrd. 10-04 ~ 3,2004].
18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all
property proposed for development within the Irondale and Port Hadlock urban growth
area (UGA). No development approval shall be given, and no building permit shall be
issued, unless the proposed development is in compliance with the provisions of this
section and .Chapter 18.30 JCC, Developmerit Standards. ..
Development within the lrondale and Port Hadlock UGA shall be governed by the
following level of service standards.
(1) Street Standards. As a condition of any development approval within the Irondale
and Port Hadlock UGA, the property owner shall construct streets which the county
determines are consistent with the adopted urban street standards in JCC 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale
and Port Hadlock UGA, the property owner shall obtain a certificate of water availability
for the proposed use from Jefferson PUD #1 and connect to the PUD #1 water system.
Fire flow requirements shall be as specified by the Jefferson County fire marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner
shall construct surface and stormwater management improvements as determined by the
county to be consistent with the surface water management standards adopted in
Jefferson County storm water management plan.
(4) Sanitary Sewer Service.
(a) Sewer Service Area. As a condition of any new development approval or major
modification to an existing commercial, industrial, or multifamily residential use located
within a sanitary sewer service area, as identified in the adopted general sewer plan for
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, IrondaleCorner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chaptersl8. 15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
the Irondale and Port Hadlock urban growth area, the property owner must obtain
confirmation of sewer availability from the sewer agency provider, prior to development
approval and must connect to the existing sewer line.
(b) Optional Sewer Service Area. If the proposed use or major modification is located
within a planned "optional" sewer service area as identified in the adopted general sewer
plan for the Irondale and Port Hadlock urban growth area, the property owner may either
construct an on-site septic system consistent I with the requirements of Chapter 8.15 JCC
or upon confirmation of sewer availability from the sewer agency provider, connect to the
existing sewer line.
(c) Unsewered Areas. If the proposed use or major modification is located outside of
a planned 20-year sewer service area (including planned "optional" sewer service areas),
the property owner must construct an on-site septic system consistent with the
requirements of Chapter 8.15 JCC, Development within Identified Critical Aquifer
Recharge Areas, as identified in Article VI-E of Chapter 18.15 JCC, shall also meet the
requirements of JCC 18.30.180, On-Site Sewage Disposal Best Management Practices in
Critical Aquifer Recharge Areas.
(d) Interim On-Site Septic Systems. If a septic system is proposed for placement in a
,
planned and adopted 20-year sewer service area, forjnterim use prior to sewer
availability, the county shall issue any approval for the septic system with a condition
that it be decommissioned and the property connected to the sewer system within one
year of sewer extension. Such on-site septic systems shall be professionally sited,
designed, installed, monitored and maintained according to the following criteria:
(i) Meeting the requirements of the Jefferson County health department, Washington
State Department of Health, or Washington State Department of Ecology, as appropriate.
(ii) Consjder advanced forms of pretreatment prior to discharge into the soil.
(Hi) Consider proprietary pretreatment devices to refine high strength commercial
wastes prior to soil treatment and disposal.
(iv) Disinfection prior to disposal into m<llre sensitive environments.
(v) System maintenance and monitoring!by certified professionals under a program
managed by the Jefferson County health department.
(e) Interpretations. Within this section, '~ew development" and "major modification"
means any development that requires wastewater/sanitary sewer provisions which cannot
be met with an existing system. Nothing in this section shall be construed as prohibiting
the placement of an on-site septic system in the UGA, unless the property is located
within an existing sewer service area which has capacity to accommodate the proposed
development.
(f) No Protest Agreement. In addition, as a condition of development approval and
for all property owned by the same owner in a local improvement district (LID), the
owner shall sign an agreement not to protest' a future LID or other pro rata sharing of
costs to construct and extend public sewer to the property within the next 20 years, if
deemed necessary as part of urban level of service phasing plan in the capital facilities
plan for the UGA.
A.dopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential/: 5. Please refer to the
disclaimer at the beginning of this chapter. A.llowed uses for rural zoning designations and
requirements for development can be found in Chapters/8./5 Land Use Districts, /8.20 Performance
Standards, and 18.30 Development Standards in the fefferson County Code.
(5) Other Facilities and Services. Reserved.
(6) Credit for Prior Contributions and Infrastructure Improvements. All of the
agreements not to protest formation of local improvement districts or other pro rata cost
sharing arrangements described in the previous sections above shall include credit for any
contributions or facility construction already made or completed by the individual
property owners (or their predecessor) for the particular urban public facility or service
contemplated by the capital facilities plan. [Ord. 10-04 ~ 3,2004].
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed-use, and multifamily
developments in the UGA shall comply with the following standards and shall be exempt
from the rural provisions of JCC 18.30.130, Landscaping/Screening.
(1) Landscaping Definitions.
(a) "Visual screen" means evergreen and deciduous trees (no more than 50 percent
deciduous) planted 20 feet on center, two shrubs planted between each pair of trees and
groundcover.
(b) "Visual buffer" means evergreen and deciduous trees (no more than 75 percent
deciduous) planted 30 feet on center, two shrubs planted between each pair of trees, and
groundcover. "
(2) Plant Standards.
(a) Deciduous trees must be one and one-halfinches~diameter at chest height (four
and one-half feet from ground level) and must have a survivability rate of 100 percent
after one year and 80 percent after two years of planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of
100 percent after one year. and 80 percent after two ye8J'S of planting.
(c) Ground cover is low evergreen or deciduous plantings at three foot spacing in ali
directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a
survivability rate of 100 percent after one year and 80 percent after two years of planting.
(e) The retention of existing natural vegetation in place of new plants is encouraged
and allowed. The use of existing native and/or drought-tolerant landscape materials shall
be utilized whenever possible, and may be used in-lieu or in combination with existing
plantings to demonstrate substantial consistency with the requirements of this section.
(3) Screening Standards.
(a) New or expanding commercial or industrial land uses within commercial or
industrial zones shall provide a five foot visual buffer along all street frontages between
the street and on-site parking areas and a 10 foot visual screen along any property line
abutting a residential zoning district to minimize aesthetic impacts to residential
properties.
(b) New multifamily dwellings over four dwelling units in residential zones shall
provide a five-foot visual buffer along all street frontages.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, lrondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
(4) Alternative Designs. Alternative designs may be allowed if, upon review by the
administrator, they are determined to provide landscaping substantially equivalent to the
standards in this section. lOrd. 10-04 ~ 3, 2004].
18.18.080 Parking and pedestrian circulation.
Parking for all new development shall comply with JCC 18.30.100, Parking, and
JCC 18.30.110, Off-street loading space requirements. Pedestrian facilities shall be
provided in accordance with JCC 18.30.090, Pedestrian circulation. lOrd. 10-04 ~ 3,
2004].
18.18.090 Lighting.
Lighting shall comply with the standards set forth in JCC 18.30.140, Lighting.
[Ord. 10-04 ~ 3,2004].
18.18.100 Signs.
Please refer to Jefferson Couny Code 18.30.150 for applicable regulations.
18.18.110 Design standards.
Reserved. lOrd. 10-04 ~ 3].
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or
public water to a site, any approval for a commercial.. industrial, mixed-use, multifamily,
high density residential, or single-family residential subdivision in the ULDR zone
(within the optional sewer service area) is required to include a site plan which:
(1) Complies with the applicable health regulations and other Jefferson County
development and building regulations (e.g., critical areas, stormwater management, etc.);
(2) Provisions for the septic needs of the current proposal and shows how the
remainder of the site will accommodate and not preclude urban services and densities;
. and
(3) Provides for future sanitary sewer connection and other utilities.
The site plan prepared under this section and reviewed and approved by the
administrator,' shall address the following: buffers, landscaping, traffic access and parking
standards, current septic and future sanitary sewer provisions, height and scale in relation
to surrounding uses and future uses, vegetation removal, stormwater, potable water, and
lot coverage.
Development of the site shall be consistent with the approved site plan. Minor
modification to the site plan may be allowed by the administrator; provided, that all other
regulations and conditions placed on the approval are met. [Ord. 10-04 ~ 3,2004].
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirementsfordevelopmentcan befound in Chaptersl8.15 Land Use Districts, 18.20 Performance
Standards. and 18.30 Development Standards in the Jefferson County Code.
ORDINANCE NO. 02-0126-06
LINE IN/LINE OUT ATTACHMENTS
"
Chapter 18.45
COMPREHENSNE PLAN AND GMA IMPLEMENTING REGULA nONS
AMENDMENT PROCESS
Sections:
18.45.010
18.45.020
18.45.030
18.45.040
18.45.050
18.45.060
18.45.070
18.45.080
Amendments - Purpose and introduction.
Annual amendments - Consideration of cumulative effects.
Exceptions to the annual amendment process.
Applications for Comprehensive Plan amendment.
Compilation of preliminary docket.
Review of preliminary docket - Adoption of final docket.
Final docket - DCD review and recommendation - SEP A review.
Final docket - Planning commission and board of county commissioners
review.
18.45.090 Amendments to GMA implementing regulations.
18.45.010 Amendments - Purpose and introduction.
(1) Purpose. The purpose of this chapter is to establish procedures for amending the
Jefferson County Comprehensive Plan, defined for the purposes of this chapter as
including the plan text and/or the land use map. The Growth Management Act (GMA,
Chapter 36.70A RCW) generally allows amendments to comprehensive plans no more
often than once per year, except in emergency situations. This chapter is intended to
provide the following:
(a) A process whereby the county will compile and maintain a preliminary docket of
proposed amendments to the Comprehensive Plan and then select which proposed
amendments will be placed on the final docket for review, no more,pften than once
annually;
(b) Timelines and procedures for placing formal applications for am.endments by
interested parties (Le., project proponents or property owners) on the fmal docket for
review, no more often than once annually; and
(c) Criteria for review of the final docket by the Jefferson County planning
commission and the Jefferson County board of commissioners. This chapter is also
intended to provide a process for the planning commission to monitor and assess the
Comprehensive Plab, and based on this review to recoriunend amendments (ifany) to the.
plan as part of a standardized amendment process.
(2) Public Participation. The public participation process set forth in this chapter is
intended to solicit from the public suggested amendments to the Jefferson County
Comprehensive Plan for future consideration, and to provide an opportunity for public
comment on any proposed amendments. This is achieved by early and continuous public
involvement with broad dissemination of proposals and alternatives, opportunity for
written comments, public meetings after effective notice, provisions for open discussion,
information services, and consideration and response to public comments.
(3) Planning Commission Role. The Jefferson County planning commission is an
advisory body that shall make recommendations to the county commissioners on all
Comprehensive Plan matters, including amendments to the plan text and land use map,
implementing regulations and subarea plans.
(4) Applicability of Chapter 18.40 JCC. Amendments to the text of the
Comprehensive Plan, the land use map, and the implementing regulations are legislative,
Adopted by Board of County Commissioners
By Ord #
1
Type V decisions under Chapter 18.40 JCC. Accordingly, all applicable provisions of
that chapter apply to the decision-making process adopted in this chapter, regardless of
whether or not they are specifically referred to herein. [Ord. 2-02 ~ I; Ord. 11-00 ~ 9.1]
18.45.020 Annual amendments - Consideration of cumulative effects.
Except as provided in JCC 18.45.030, proposals for amendments to the Jefferson
County Comprehensive Plan shall be considered by the board of county commissioners
no more frequently than once every year. Proposals for plan amendment shall be
considered concurrently so that the cumulative effect of all items on the final docket will
be ascertained. Proposals may be considered at separate meetings or hearings, so long as
the fmal action taken considers the cumulative effect of all the proposed amendments to
the Comprehensive Plan. lOrd. 11-00 ~ 9.2]
18.45.030 Exceptions to the annual amendment process.
(I) Exceptions - Emergencies. In addition to the amendment process set forth in this
chapter, the board of county commissioners may amend the Jefferson County
Comprehensive Plan in any of the following circumstances:
(a) Resolution of an emergency condition or situation that involves public health,
safety or welfare and when adherence to the amendment process set forth in this chapter
would be detrimental to the public health, safety or welfare;
(b) Initial adoption of a subarea plan identified in the Jefferson County
Comprehensive Plan;
(c) The adoption of or amendments to the Jefferson County Shoreline Master
Program;
(d) Technical, nonsubstantive corrections to manifest land use mapping errors which
do not involve interpretations of the criteria for the various land use designations
contained in the Comprehensive Plan; .
(e) Resolution of a decision by an administrative agency or court of competent
jurisdiction; and
(t) Special use penn its for essential public facilities under JCC 18.15.110.
(2) Determination of Emergency. Situations involving official legal or administrative
action (e.g., decisions by the Western Washington Growth Management Hearings Board,
state or federal courts, actions of a state agency or office, or the state legislature)
. affecting Jefferson County will be.reviewed by the Jefferson COMty board of
commissioners with advice from the prosecuting attorney's office to detennine whether
an emergency exists warranting an emergency Comprehensive Plan amendment. [Ord
11-00 ~ 9.3]
18.45.040 Applications for Comprehensive Plan amendment.
(I) Who May Propose Amendments - Application - Fee.
(a) Applications for Fonnal Site-Specific Amendments. Proponents of land
development projects (for multiple sites) and/or property <ilwner(s) or their authorized
representative(s), may file an application for a proposed amendment to the
Comprehensive Plan relating to a site-specific proposal ("ronnal site-specific
amendments"). A filing fee as set forth in the Jefferson CQunty fee ordinance shall
accompany applications for site-specific amendments.
(b) Applications for Suggested Amendments. Anyone may apply for a "suggested
amendment," to the Comprehensive Plan which shall be added to the list of proposed
amendments to be maintained by the administrator. Generally, applications for suggested
Adopted by Board o/County Commissioners
By Ord #
2
amendments should be limited to proposals that broadly apply to the goals, policies and
implementation strategies of the Comprehensive Plan rather than amendments designed
to address site-specific issues of limited applicability. The process outlined in ICC
18.45.060 shall govern whether such suggested amendments are considered during the
annual review process. No application fee shall be required for applications for suggested
amendments.
(2) Application Deadline - Fonn.
(a) Deadline. ;\11 8pplieatioRs far t9m~al sit-e specific aRa suggested ameRalneRts
shall be submitted to DeD by May 1st aftRe cuneRt ealefldar year in order to be
cORsidered during that )'ear's arReRdmeRt pl"ilcess; except that caHRfy spOflsorea
proposals ta amend the caJ3ital facilities element efthe CamprelleBsh'e PlaB may be
accepted later than ether pr{)J3osed ame8dmeR~ because eftbeir relatiaRship to the
cOURty'S 8f1l-lUal budget process. Be;jllniog in 20{H. aAIl applications for fonnal site-
specific and suggested amendments shall be submitted to DCD by Febnlary March 1st of
the current calendar year in order to be considered during that year's amendment process;
except that county-sponsored proposals to amend the capital facilities element of the
Comprehensive Plan may be accepted later than other proposed amendments because of
their relationship to the county's annual budget process.
(b) Application Fonn. All proposed amendments (i.e., both fonnal site-specific and
suggested) shall be submitted to DCD on forms provided by the department and shall
include the following infonnation, as detennined by the administrator to be necessary to
evaluate a particular proposal:
(i) Name and address of applicant;
(H) A description of the proposed Comprehensive Plan amenc:lmeDt and any
associated development proposals, if applicable. Fonnal site-specific or project-related
amendments shall include plans, infonnation and/or studies that accurately depict
existing and proposed use(s) and improvements. Proposed site-specific or project-related
Comprehensive Plan amendments that do not specify proposed use(s) and potential
impacts will be assumed to have maximum impact to the environment and public
facilities and services;
(Hi) Proposed amendatory language, preferably shown in a "bill" fonnat (i.e., new
langUage underlined; language proposed for deletion in strikeouts); .
(iv) An explanation of the rationale for the proposed amendment;
!il.-t'4-An explanation of how the proposed amendment and associated development +---::----
proposal(s), if any, confonn to, conflict with, or relate to the criteria set forth '
in ICC 18.45.080(lXc) and (lXd), as applicable;
(vi) If color copies. maps or other visuals are desired the applicant shall submit twenty
(20) color copies: and
(vii) A completed SEPA checklist including the supplement sheet for non-proiect
actions if the application is for a formal site-specific amendment; and
(vHD Any additional infonnation reasonably deemed necessary by the administrator to
evaluate the proposed amendment,
(3) Failure to Comply - Effect. Applications that do not include the infonnation
required under subsection (2)(b) of this section, or which are not received by the deadline
set forth in subsection (2)(a) of this section, shall not be processed. [Ord. 18-02 ~ 2 (Exh.
B); Ord. 11-00 ~ 9.4]
Adopted by Board of County Commissioners
By Ord #
3
Formatted: Indent: Hanging:
0.75., Tabs: 0.5., list tab + Not at
Formatted: Bullets and Numbering
18.45.050 Compilation of preliminary docket.
(I) Preliminary Docket - Contents. The preliminary docket described more fully in
subsections (2) through (4) of this section shall consist of the following:
(a) All proposals for formal site-specific amendments;
(b) All proposals for suggested amendments; and
(c) When applicable, all amendments recommended by the planning commission
during its five yearperiodic assessment of the Comprehensive Plan.
(2) List of Suggested Amendments. Each year, the ac!Iministrator shall maintain for
public review the annual list of suggested amendments ~ade by citizens, the board of
county commissioners or members of the board of countr commissioners, county staff,
county departments or other agencies. By the eRa af the ~eeefla fttll b1:l5iB~S5 weell Elf
JHflC Elf eaeh year, this list of suggested amemhnents shall be eafllpilea iAta a pr-elilflinary
daeket. BeginniRg in 200~, b!!y the end of the second full business week of March of
each year, this list of suggested amendments shall be cOQlpiled into a preliminary docket.
JCC 18.45.060 sets forth the process for selecting which suggested amendments will be
placed on the final docket to be formally reviewed during the annual review process.
(3) Formal Site-Specific Amendments. The prelimin~ docket shall also include all
formal site-specific applications for Comprehensive Plan amendments. Formal site-
specific applications for amendments that are properly and timely filed under JCC
18.45.040(2Xa) shall be placed on the final docket for consideration during the current
annual amendment process.
(4) Planning Commission Fi.,e Year Periodic Assessment - Recommendations.
(a) fbe YearPeriodic -Assessment - Timelines. BegriRRiag in 2Q02 afla e\'ery fi'/e
j'ears tkereafter, ([he planning commission shall review, and if neceSsary, recommend
revisions to the Comprehensive Plan dUling the periodic assessment' in accordance with
RCW 36.70A.130. The planning commission shall complete its assessment of the
Comprehensive Plan by :\pril 15th of each fifth yeafNovember I: ~f.t~e_xe~r p.~~n,()_~!~e___,.,,--{ I'ormlIUIed: Supersa1pt
assessment, aAd-aAny amendments recommended by a majority vote of the planning
commission shall be forwarded to the administrator by May I sf af eaeh fifth yea:March
I:': ~f. !h~_ '>:~_~!' !!~ ,~~i~~_ ~e ~!i_()~j~__as~~~~!I.l_~!'!U~, ~_()I!~l;lC!~_~: _ ~~, ~~!~~~~ ,l!~~~L __ _ ..,__ -{ fornNItlBd: SUperscript
place all such recommended amendments on the preliminary docket to be considered
during the final dpcket selection process set forth in JCC 18.45.060.
(b) Criteria Governing Planning Commission Assessment. The planning
commission's five yeal:periodic assessment and recommendation shall be based upon, but
shall not be limited to, an inquiry into the following growth management indicators:
(i) Whether growth and development as envisioned in the Comprehensive Plan is
occurring faster or slower than anticipated, or is failing to materialize;
(ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
(iii) Whether sufficient urban land is designated and zoned to meet projected demand
and need;
(iv) Whether any of the assumptions upon which the plan is based are no longer found
to be valid;
(v) Whether changes in county-wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision Statement;
(vi) Whether changes in circumstances dictate a need for amendments;
Adopted by Board of County Commissioners
By Ord #
4
(vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or
the Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
[Ord. 18-02 ~ 2 (Exh. B); Ord. ll-OO ~ 9.5]
18.45.060 Review of preliminary docket - Adoption of final docket.
(1) DCD Review of Preliminary Docket. After compiling the preliminary docket, the
administrator shall review the suggested amendments and prepare a report concerning
which suggested amendments the administrator believes should be placed on the final
docket for consideration during the annual amendment process. In addition to addressing
the need, urgency and appropriateness of each suggested amendment, the staff report
shall include, but not be limited to, a consideration of the following:
(a) The avl!ilability of sufficient DCD staff to substantively review the suggested
amendments and manage the public review process with available staff; and
(b) Anticipated DCD costs and budget for processing the suggested amendments.
(2) Optional Board of County Commissioners! Planning Commission Workshop. The
board of county commissioners and planning commission may, but are not required to,
hold a noticed joint workshop meeting to gather information regarding the items on the
preliminary docket and the administrator's report and recommendation. If held, notice of
the joint workshop meeting shall be given by publication in the county's official
newspaper at least one time 10 days prior to the date of the meeting and by posting a
copy of the meeting notice at the county courthouse, which shall include a statement of
the purpose of the joint workshop.
(3) Planning Commission Hearing - Report and Recommendation. The planning
commission shall hold a noticed public hearing to accept public comment regarding the
suggested amendments on the preliminary docket. Following the h~ng, the planning
commission shall prepare a report and recommendation identifying those suggested
amendments that it is recommending for consideration by the board of ~ounty
commissioners during the annual amendment process. The planning commission's
recommendation shall be based upon the perceived need, urgency and appropriateness of
each suggested amendment. The planning commission's report and recommendation shall
also include those proposed amendments resulting from the n'/e year re'liew andperiodic
assessment set forth in JCC 18.45.050 (4), as applicable. Notice of the planning
commission hearing shall be given by publication in the county's official newspaper at
least one time 10 days prior to the date of the meeting and by posting a copy of the
hearing notice at the county courthouse, which shall include a statement of the purpose of
the hearing.
(4) Board of Commissioner's Decision - Adoption of Final Docket.
(a) Review and Decision Process. By the second regular board of count)'
commissioner's meetiflg if! July of each year, the board of 60luny COlflAlissioners shall
revie.w and consider the planning commissiOl'l'S ref'lort aAd recemmeaded final doe~~et at a
reglllarly schedl:lled commissioner's moeting. BeginniRg in 200~, b.fu'_~~_~~~n.~_~~'~./ .1 Fonnat:ted: Not Highlight J
board of county commissioner's meeting in ApFit-Mav of each year, the board of county
commissioners shall review and consider the planning commission's report and
recommended fmal docket at a regularly scheduled commissioner's meeting. The board
of county commissioners may adopt the planning commission's recommended final
docket without a public hearing; however, in the event that a majority of the board of
county commissioners decides to add or subtract suggested amendments, it shall first
Adopted by Board o/County Commissioners
By Ord #
5
hold a public hearing, noticed as set forth in subsection (3) of this section, which shall be
held by the first board of county commissioners meeting in August. Julv.
(b) Final Docket - Contents. The fmal docket as adopted by the board of county
commissioners shall include the following:
(i) All applications for fonnal site-specific amendments timely submitted under ICe
18.45.050(3);
(ii) Any proposals for suggested amendments which the board of county
commissioners elects to consider during the annual amendment process; and
(iii) When applicable, any amendments recommended by the planning commission
during its five yearperiodic assessment of the Comprehensive Plan that the board of
county commis~ioners elects to consider during the amendment process.
(c) Effect of Final Adopted Docket. The decision of the board of coUnty
commissioners to adopt the final docket does not constitute a decision or
recommendation that the substance of any fonnal site-specific, suggested, or planning
commission recommended amendment should be adopted. No additional amendment
proposals shall be considered by the county after adoption of the final docket for that
year; except for exceptions and emergencies as set forth in ICC 18.45.030, and county-
sponsored proposals to amend the capital facilities element of the Comprehensive Plan as
set forth in JCC 18.45.040(2Xa). [Ord. 18-02 ~ 2 (Exh. B); Ord. 11-00 ~ 9.6]
18.45.070 Final docket - DCD review and recommendation - SEPA review.
The final docket as adopted by the board of county commissioners shall first be
reviewed and assessed by DCD, and the administrator shall prepare a staff report and
recommendation on each proposed amendment. DCD shall also be responsible for
conducting SEP A review of all items on the final docket ~see Article X of Chapter 18.40
JCC). As appropriate, the administrator shall solicit comments regarding the proposed
amendments from the public and/or government agencies; The administrator shall also
provide notice and opportunity for public comment as deemed appropriate given the
nature of the proposed amendments and consistent with RCW 36.70A.140 and SEPA
(Chapter 43.21C RCW and Chapter 197-11 WAC). [Ord. 11-00 ~ 9.7]
18.45.080 Final docket - Planning commission and board of county commissioners
review.
(1) Planning Commission Review. All proposed amendments.on the final docket
shall be reviewed and assessed by the planning commissi<>n, which shall make a
recommendation to the board of county commissioners after holding at least one open
record public hearing.
(a) Notice. The hearing before the planning commission shall be noticed by one
publication in the official newspaper of the county at least 10 days prior to the date of the
hearing and by posting a copy of the notice of hearing in the Jefferson County
Courthouse. This notice shall include the following:
(i) The purpose(s) of amending and/or updating the Comprehensive Plan;
(ii) The deadline for submitting comments on the amendments; and
(iii) A tentative hearing schedule; continued hearings may be held by the planning
commission but no additional notices need be published. I
(b) Required Findings - Generally. For all proposed amendments, the planning
commission shall develop findings and conclusions and a recommendation which
Adopted lTy Board of County Commissioners
By Ord #
6
consider the growth management indicators set forth in JCC 18.45.050(4)(b)(1) through
(b )(7), as well as the following:
(i) Whether circumstances related to the proposed amendment and/or the area in
which it is located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan;
(ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan
is based are no longer valid, or whether new information is available which was not
considered during the adoption process or any annual amendments of the Jefferson
County Comprehensive Plan; and
(iii) Whether the proposed amendment reflects current widely held values of the
residents of Jefferson County.
(c) Additional Required Findings - Formal Site-Specific Amendments. In addition to
the required fmdings set forth in subsection (1)(b) of this section, in order to recommend
approval of a formal site-specific proposal to amend the Comprehensive Plan, the
planning commission must also make the following findings:
(i) The proposed site-specific amendment meets concurrency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.g., sheriff, fire and emergency medical services, parks,
fire flow, and general governmental services);
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan;
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts to the county's transportation network, capital faciJ?ties, utilities, parks,
and environmental features that cannot be mitigated, and will not place uncompensated
burdens upon existing or planned service capabilities;
(iv) In the case of a site-specific amendment to the land use map, that the subject
parcels are physically suitable for the requested land use designation and the anticipated
land use development, including but not limited to the following:
(A) Access; -
(B) Provision of utilities; and
(C) Compatibility with existing and planned sumJunding land uses;
(v) The proposed site-specific amendment will not create a pressure to change the
land use designation of other properties, unless the change of land use designation for
other properties is in the long-term best interests of the county as a whole;
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the bases of the Comprehensive Plan;
(vii) Ifwithin an unincorporated urban growth area (UGA), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities and
services to the immediate area and the overall UGA;
(viii) The proposed amendment is consistent with the Growth Management Act
(Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any
other applicable inter-jurisdictional policies or agreements, and any other local, state or
federal laws.
Adopted by Board o/County Commissioners
By Ord #
7
(d) Recommendation. The planning commission's ~ings and conclusions shall
include a recommendation to the board of county commissioners that the proposed
amendment(s) be denied. approved, or approved with conditions or modifications.
(2) Board of County Commissioners Review - Appeals.
(a) Board of County Commissioners Workshop. The board of county commissioners
may first review the recommendation of the planning commission in a workshop
meeting(s).
(b) Board of County Commissioners Review. The board of county commissioners
shall consider the proposed amendments to the Comprehensive Plan at a regularly
scheduled meeting. If after considering the matter at the ~gularly scheduled public
meeting the bol!Td of county commissioners deems a change in the recommendation of
the planning commission to be necessary, the change shaD not be incorpotated until the
board conducts its own public hearing using the procedures set forth under JCC
18.40.310. The hearing shall be noticed by one publication in the official newspaper of
the county at least 10 days prior to the date of the hearing, and by posting copies of the
notice of hearing in the Jefferson County Courthouse. The notice and public hearing for
proposed Comprehensive Plan amendments may be combined with any notice or public
hearing for proposed amendments to the county's Comprehensive Plan implementing
regulations (e.g., this code), or for other actions of the board of county commissioners.
(c) Criteria for Evaluation of Proposed Plan Amendments. The board of county
commissioners shall apply the same criteria as the planning commission as set forth in
subsections (I)(b) and (IXc) of this section, as applicable.
(d) Adoption by Ordinance. The board of county commissioners shall adopt any
amendments to the Jefferson County Comprehensive Plan by ordinMlcc. This final action
on the docket must be taken by the second regular board meeting in December of each
year.
(e) Transmittal to State. The administrator shall transmit a copy of any proposed
amendment of the Comprehensive Plan to the Washington State Office of Community
Development (OCD) at least 60 days prior to the expected date of final action by the
board of county commissioners, as consistent with Chapter 36.70A RCW. The
administrator shall transmit a copy of any adopted Comprehensive Plan amendment to
OCD within 10 days after adoption by the board.
(f) Appeals. All appeals to the adoption of an amendment to the Jefferson County
Comprehensive Plan shall be filed with and processed by the Western Washington
Growth Management Hearings Board in accordance with the provisions of Chapter
36.70A RCW. [Ord. 11-00 ~ 9.8]
18.45.090 Amendments to GMA implementing regulations.
(1) Initiation. The text of the county's adopted Comprehensive Plan implementing
regulations (also referred to within this code as "development regulations") may be
amended at any time, provided the amendment is consistent with the Jefferson County
Comprehensive Plan and land use map. When inconsistent with the Comprehensive Plan
and land use map, the amendment shall be processed concurrent with any necessary plan
amendments using the process and timelines for plan amendments set forth in this
chapter. "Implementing regulations" means the controls placed on development or land
use activities by the county, including, but not limited to, this Unified Development
Code, the Jefferson County Shoreline Master Program, or any other official controls
Adopted by Board of County Commissioners
By Ord #
8
-
required to implement the plan (see RCW 36.70A.030). Proposed amendments, changes,
or modifications may be initiated as follows:
(a) When consistent with the plan, at any time at the direction of the board of county
commissioners or by the planning commission pursuant to RCW 36.70.550;
(b) When inconsistent with the plan, under the process and time lines for
Comprehensive Plan amendments by any interested person consistent with this chapter;
or
(c) Immediately following or concwrent with an amendment or amendments to the
Jefferson County Comprehensive Plan, the implementing regulations shall be amended to
be consistent with the plan and land use map.
(2) Notice._
(a) Proposed amendments to the implementing regulations pursuant to subsection (1)
of this section which must be processed concurrently with an amendment to the
Comprehensive Plan and land use map shall be processed and noticed in the same manner
as plan amendments consistent with this chapter.
(b) Notice of any hearing on amendments to the implementing regulations generated
by DCD staff, the board of county commissioners or the planning commission outside of
the annual Comprehensive Plan amendment process shall be given by one publication in
the official newspaper of the county at least 10 days prior to the date of the hearing and
by posting a copy of the notice of hearing in the Jefferson County Courthouse.
(c) Any additional notice required by state or local law (e.g., statutory notice
requirements for amendments to the Shoreline Master Program), or deemed appropriate
by the administrator, shall be paid for by the applicant.
(3) Planning Commission Review. The planning commission shall hold a public
hearing on any amendment(s) to the implementing regulations and ilhall make a
recommendation to the board of county commissioners using the site-specific criteria set
forth in JCC 18.45.080(1)(b) and (1)(c), as applicable.
(4) Board of County Commissioners Review. The board of county commissioners
shall consider the proposed amendments at a regularly scheduled meeting.
(a) lfafier applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as
applicable, the board of county commissioners concludes that no change in the
recommendation of the planning commission is necessary, the board may make a final
determination on the proposed amendment(s) and adopt the amendments as
recommended by the planning commission.
(b) Ifafier applying the criteria set forth in JCC 18.45.080(1)(b) and (l)(c), as
applicable, the board of county commissioners concludes that a change in the
recommendation of the planning commission is necessary, the change shall not be
incorporated until the board conducts its own public hearing using the procedures set
forth under JCC 18.40.310. The hearing shall be noticed by one publication in the official
newspaper of the county at least 10 days prior to the date of the hearing, and by posting
copies of the notice of hearing in the Jefferson County Courthouse. The notice and public
hearing for proposed amendments to implementing regulations may be combined with
any notice or public hearing for proposed amendments to the Comprehensive Plan or for
other actions of the board of county commissioners.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed
amendment(s) to the implementing regulations at least 60 days prior to the expected date
Adopted by Board of County Commissioners
By Ord #
9
of final action by the board of county commissioners, as consistent with Chapter 36.70A
RCW. The administrator shall transmit a copy of any adopted amendment(s) to the
implementing regulations to OCD within 10 days after adoption by the board.
(6) Appeals. All appeals to the adoption of any amendment(s) to the implementing
regulations shall be filed with and processed by the Western Washington Growth
Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW.
[Ord. 11-00 ~ 9.9]
.'j'.
I Adopted by Board of County Commissioners
By Ord # ,
10
Chapter 18.50
ENFORCEMENT
Sections:
18.50.010 Intent.
18.50.020 Violations.
18.50.030 Enforcement and duty to enforce.
18.50.040 Site investigation and right of entry.
18.50.050- Notice of voluntary correction.
18.50.060 Notice and order.
18.50.070 Stop work order and emergency order.
18.50.080 Appeal to hearing examiner.
18.50.090 Final order - Enforcement.
18.50.100 Suspension and revocation of permits.
18.50.110 Civil and criminal penalties.
18.50.120 Exception to enforcement and penalties - Land divisions.
18.50.130 Recovery of civil penalty and cost of abatement.
18.50.010 Intent.
(1) The primary intent of all enforcement actions described in this chapter is to
educate the public and to encourage the voluntary conection of violations to protect the
public health, safety and welfare. Ifvoluntary complianc~fails or is inapplicable in a
given case civil and criminal penalties will be used when necessary to ensure compliance
with the provisions of this UDC. Criminal charges will be brought only when civil
remedies have failed to ensure compliance and all leSser enforcement tools have proved
futile.
(2)' Nothing in this chapter shall be construed to prevent the" building official, fire
marshal, or local fire chief from following the enforcement process and provisions of the
UnifOlTIl International Building Code, the Unif-orm Fire Code, or any other standardized
code adopted by the county. fOrd. 11-00 ~ 10.1]
18.50.020 Violations.
(1) It is a violation of this UDC for any person to initiate or maintain, or to cause to
be initiated or maintained, any use, alteration, construction, location, or demolition of any
structure, land, or property within Jefferson County without first obtaining permits or
authorizations required by this UDC.
. (2) It is a violation of this DOC to remove or deface any sign, notice, complaint, or
order required by or posted in accordance with this DOC.
(3) It is a violation of this DOC to misrepresent any material fact in any application,
plans, or other information submitted to obtain any land use authorization. .,
(4) It is a violation for any person to fail to comply with provisions of this code, to
fail to comply with the terms or conditions of a permit issued pursuant to this UDC, or to
fail to comply with any or all notices or orders issued pursuant to this chapter. [Ord. 11-
00 ~ 10.2]
18.50.030 Enforcement and duty to enforce.
(1) Provisions of this UDC will be enforced for the benefit of the health, safety, and
welfare of the general public and the environment and, not for the benefit of any
particular person or class of persons.
Adopted by Board of County Commissioners
By Ord #
1
(2) The administrator is authorized to use the provisions of this chapter to remove,
prevent and stop violations of this ODC. The administrator may call upon law
enforcement, fire, health, or other appropriate !county departments to assist in
enforcement.
(3) The owner of any real or personal property subject to enforcement action and/or
any person responsible for a violation at a particular site or real property shall be
individually and jointly liable for failure to comply with this DOC or to comply with any
and all notices or orders issued pursuant to this code.
(4). No-provision or term used in this chapter is intended to impose any duty upon the
county or any of its officers or employees, which would subject them or the county to
damages in a civil action. [Ord. 11-00 ~ 10.3]
18.50.040 Site investigation and right of entry.
(1) Any person submitting an application for any land use permit or any other land
use activities shall also be requested to give written consent to on-site inspection of their
property solely for the purpose of assessing compliance with any or all county
development regulations applicable to the land use permit or proposal submitted by that
applicant.
(2) The administrator may, with the written consent of the owner, enter any building,
structure, property or portion thereof at reasonable ti~,es to inspect the same in order to
determine whether the applicant and/or owner are in compliance with any and all
development regulations applicable to the land use permit or proposal submitted by that
applicant.
(3) If written consent of the applicant or owner to enter private property exists and if
the administrator should find such building, structure, property or portion thereof to be
occupied, then the administrator shall present identification credentials, state the reasons
for the inspectipn, and request entry.
(4) If written consent of the applicant or owner to enter private property exists and if
the administrator should find such building, structure, property or portion thereof to be
unoccupied, then the administrator shall first make a reasonable effort to locate the owner
or other persons having charge or control of the building, structure, property or portion
thereof and request entry. If the administrator is unable to locate the owner or such other
persons, and has reason to believe that conditions therein create an immediate and
irreparable land use of safety hazard, the administrator may enter to investigate land use
violations or safety hazards.
(5) Should the administrator be denied written consent to access such private property
in order to carry out the purpose and provision of this section, then the administrator
shall, if entry upon private property is deemed necessary, be required to obtain a lawful
search warrant executed by a neutral magistrate or judge based upon sufficient sworn
proof of probable cause prior to entry upon private property.
(6) At such time as the county, through its administrator, concludes that the applicant
has complied with all development regulations applicable to the applicant's proposal or
application for one or more land use permits the written consent to enter the premises of
the applicant for inspection and observation as permitted by this section shall
immediately expire.
(7) Because there will be circumstances, a complaint or facts where an investigation
of real property will be required that does not arise from an existing application or
A.dopted by Board o/County Commissioners
By Ord #
2
request for one or more land use permits, the administrator is permitted to take all lawful
steps to investigate those circumstances or facts, including, but not limited to, obtaining a
lawful search warrant executed by a neutral magistrate or judge based upon sufficient
sworn proof of probable cause prior to entry upon private property. LOrd. 11-00 ~ 10.4]
18.50.050 Notice of voluntary correction.
(1) If after investigation, the administrator determines that any provision of the UDC
has been violated, a notice of voluntary correction letter should be the first attempt at
obtaining compliance. If voluntary compliance is not obtained, the administrator shall
serve a notice and order, as set forth in JCC 18.50.060(6), upon the owner and person(s)
responsible for the violation. '
(2) The notice of voluntary correction shall state the following:
(a) The street address, when available, and/or a legal description of real property
sufficient to identify where the violation occurred or is located;
(b) Description of the activity that is causing a violation;
(c) Each provision violated under county regulations;
(d) The corrective action necessary to comply with said provisions;
(e) A reasonable time and date by which the corrective action is to be completed,
however, in no event shall the time given for voluntary correction be greater than 60
calendar days, except as provided in subsection (4) of this section; and
(f) That continued or subsequent violation may result in civil enforcement actions, as
provided in JCC 18.50.110, to include monetary civil penalties, and/or abatement
proceedings enforceable as a lien against property or as a personal obligation.
(3) Following a notice of voluntary correction, the administrator and person in
violation may meet to develop a compliance plan. The compliance plan shall establish a
reasonable and specific time frame for compliance. No further action will be taken if the
terms of the compliance plan are met. If no compliance plan is established, a notice and
order will proceed.
(4) Upon written request received prior to the correction date, an administrator may,
for good cause shown, grant an extension of the date set for correction for an amount of
time as deemed reasonable by the administrator. The administrator may only consider as
good cause: (a) substantial completion of necessary correction; (b) unforeseeable
circumstances not caused by the person so as to make completion impossible by the date
established; or (c) procedural requirements for obtaining a permit to carry out the
corrective action.
(5) The voluntary correction process is optional as deemed by the administrator. If
the administrator believes that the requirements of this chapter are not being met, the
administrator shall, in addition to the notice and order, issue applicable stop work or
emergency orders. [Ord. 11-00 ~ 10.5]
18.50.060 Notice and order.
(1) Whenever the voluntary correction process set forth in JCC 18.50.050 is
unsuccessful, or the administrator believes that the violation can only be promptly and
equitably corrected by an immediate administrative notice and order, the administrator
shall issue a written notice and order directed either to the owner or operator of the somce
of violation, the person in possession of the property where the violation originates or the
person otherwise causing or responsible for the violation.
(2) The notice and order shall state the following:
Adopted by Board of County Commissioners
By Ord #
3
(a) The street address, when available, and/or a legal description of real property
sufficient to identify where the violation occurred or is located;
(b) A statement that the administrator h~ found the person to be in violation of a land
use regulation, with a brief and concise description of the conditions found to be in
violation and a reference to county regulation(s) which has been violated;
(c) A statement of the corrective action ~quired to be taken. If the administrator has
determined that corrective work is required, the notice and order shall require that all
required permits be secured, that work physiQally be commenced and that the work be
completed-within such times as the administrator determiIles are reasonable under the
circumstances;
(d) A statement specifying the amount of any civil penalty that may be assessed and
subsequently perfected and collected at a later date on account of the violation and, if
applicable, the conditions on which the assessment of such civil penalty is based;
(e) A statement advising that if any work lis not commenced or completed within the
times specified, the administrator will proceed to cause abatement of the violation and
cause the work to be done and charge costs as a lien against the property;
(f) A statement advising that if any assessed civil penalty is not paid, the
administrator will charge the amount of the penalty as alien against the property and as a
joint and separate personal obligation of any person in violation; and
(g) A description of the available appeals process.
(3) The notice and order may be appealed within 14 calendar days from the date of
the notice and order to the hearing examiner, pursuant to the provisions of JCC
18.50.080. The appeal shall be accompanied by an appeal fee in an amount set forth by
the county.
(4) Any per-day civil penalty shall not accrue during the pendancy of such
- administrative appeal, unless the hearing examiner determines that the appeal is frivolous
or intended solely to delay compliance.
(5) A failure to file a timely and complete appeal will constitute a waiver of all rights
to an administrative appeal under this UDC.
(6) The notice of voluntary correction, notice and order, stop work order, or
emergency order shall be served upon the owner and person(s) responsible for the
violation by the administrator or his designated representative over the age of 18. The
administrator may also mail a certified copy of such notice and orders, mailing such a
certified copy of the notice and orders to the fee or record owner of the property at the
address where that record owner receives the related tax bills for that real property from
the Jefferson County treasurer. If the address of any such person cannot reasonably be
ascertained, a copy of the notice and order shall be mailed to such person at the address
of the location of the violation. The failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under this chapter. Service by mail in the
manner provided in this chapter shall be effective on the date of postmark. The notice and
order may be, but is not required to be, posted on the subject property. [Ord. 11-00 ~
10.6]
18.50.070 Stop work order and emergency order.
(1) Stop Work Order. Whenever a continuing violation of any regulations within the
UDC will (a) materially impair the administrator's ability to secure compliance with the
Adopted by Board of County Commissioners
By Ord #
4
UDC; or (b) threaten the health or safety of the public; or (c) threaten or harms the
environment, then the administrator may issue a stop work order specifying the violation
and prohibiting any work or other activity at the site. The order may be posted on the
subject property or may be served on persons engaged in any work in violation of this
chapter. No further work or activity shall proceed, unless and until authorized by the
administrator in writing. In the event the administrator issues a stop work order, the
voluntary correction procedures of lCC 18.50.050 and the notice and order provisions of
lCC 18.50.060 shall not apply. A failure to comply with a stop work order shall
constitute 11 violation of this chaptei'.
(2) Emergency Order. Whenever any use or activity in'violation of the UDC threatens
the health or safety of occupants of the premises or property, any member of the public or
the environment, the administrator may issue an emergency order directing that the use or
activity be discontinued and the condition causing threat to health and safety or threat and
harm to the environment be corrected. The emergency order shall be served on the
person(s) responsible pursuant to lCC 18.50.060(6), which shall specify the time for
compliance, and should be posted in a conspicuous place on the premises, if posting is
physically possible. Failure to comply with an emergency order shall constitute a
violation of this code. In the event the administrator issues an. emergency order, the
voluntary correction procedures of lCC 18.50.050 and the notice and order provisions of
lCC 18.50.060 shall not apply. A failure to comply with an emergency order shall
constitute a violation of this chapter. lOrd. 11-00 ~ 10.7]
18.50.080 Appeal to hearing examiner.
(1) Appeal. A person to whom a formal notice and order or an abatement order is
directed may appeal such order by filing a written notice of appeal with DCD within 14
calendar days from the date of the notice and order to the hearing examiner pursuant to
the provisions of-Chapter 18.40 lCC.
(2) Fee. The appeal shall be accompanied by an appeal fee in an amount set forth by
the county.
(3) Stay. Any per-day civil penalty shall not accrue during the pendency of such
administrative appeal unless the hearing examiner determines that the appeal is frivolous
or intended solely to cause delay. Enforcement of any formal notice and order or
abatement order of the administrator issued pursuant to this chapter shall be stayed during
the pendency of any appeal under this chapter, except when the administrator issues an
emergency order and/or stop work order pursuant to lCC 18.50.070.
(4) Waiver. Failure to file a timely and complete appeal will constitute a waiver of all
rights to an administrative appeal under the UDC.
(5) Administrative Conference. At any time prior to the convening of an appeal
hearing of a notice and order issued pursuant to lCC 18.50.060, an informal
administrative conference may be conducted by the administrator for the purposes of
bringing commwrications between concerned parties and providing a forum for efficient
resolution of any violation. The administrator may call a conference on his or her own
initiative or in response to a request from the appellant. Any person attending this
informal administrative conference agrees that any settlement offer(s), statements or
representations made at that conference by any person or by the administrator shall not be
admissible at any subsequent hearing or proceeding. As a result of information developed
at the conference, the administrator may affirm, modify or revoke the order. If the order
Adopted by Board o/County Commissioners
By Ord #
5
is to be modified, a supplemental notice and order shall be issued which shall be subject
to the same procedures applicable to all notices and orders contained in this chapter. The
administrative conference is optional with the administrator, and is not a prerequisite to
utilization of any of the enforcement provisions described in this chapter. [Old. 11-00 ~
10.8]
(6) Notification for appeal hearings shall follow the notification provisions of lCC
18.40.230
18.50.090 Final order - Enforcement.
If,-after any order duly issued by the administrator,has become final, the person to
whom such order is directed fails, neglects or refuses to obey such order, including
refusal to pay a civil penalty assessed and later perfected pursuant to such an order,
pursuant to ICC 18.50.110, the administrator:may, with assistance from other county
agencies if needed:
(1) Institute any appropriate action needed to collect a civil penalty assessed under
this chapter; and/or
(2) Abate the land use violation using the procedures of this chapter; and/or
(3) Pursue criminal penalties as set forth in JCC 18.50.110; and/or
(4) Pursue any other appropriate remedy at law or equity under this chapter. [Ord. 11-
00 ~ 10.9]
18.50.100 Suspension and revocation of permits. ".;
(1) Suspension - Cause. The administrator may temporarily suspend any permit
issued under the UDC for:
(a) Failure of the holder to comply with the requirements of any development
regulations, or rules promulgated thereunder; or
(b) Failure of the holder to comply with any order issued pursuant to this chapter; or
(c) Int~rference with the administrator in the performance ofhis/l:1er duties; or
(d) Discovery by the administrator that a permit was issued in error or on the basis of
incorrect information supplied to the county; or
(e) Failure to comply with the conditions and/or mitigation measures of any land use
permit.
(2) Whenever the administrator finds just cause, permit suspension shall be carried
out through the notice and order provisions of ICC 18.50.060 and shall be effective upon
service of the notice and order.
(3) The holder or operator of the permit may appeal the suspension as provided for by
ICC 18.50.080.
(4) Revocation - Cause. The administrator may permanently revoke any permit
issued under the UDC for just cause under subsections (1)(a) through (l)(e) of this
section. [Old. 11-00 ~ 10.10]
18.50.110 Civil and criminal penalties.
(1) Civil Penalties. Any person who violates any development regulations, or rules or
regulations adopted under the UDC, or the conditions and/or mitigation measures of any
permit issued pursuant to such ordinance, rule. or regulation, or who, by any act or
omission procures, aids or abets such violation shall be subject to civil penalties as
provided in this chapter.
Adopted by Board o/County Commissioners
By Ord #
6
(a) Civil penalties may be assessed by the administrator by means of a formal notice
and order issued pursuant to this chapter and may be recovered by legal action filed by
the prosecuting attorney.
(b) Civil penalties, once perfected through the appropriate legal action, shall be
collected in the same manner as judgments in civil actions.
(c) Civil penalties shall be a cumulative penalty in the amount of $ I 00.00 per day for
each violation. Penalties for the second separate violation of a like nature by the same
person within a period of two years shall be double that rate.
(d) Each and every day or portion thereof during which any violation is committed,
continued, permitted or not corrected shall be deemed a violation for purposes of this
chapter. Civil penalties for violation of any formal notice and order to correct the
violation, stop work order, emergency order or any other order issued by the
administratbr pursuant to this chapter (except an order to secure voluntary correction)
shall begin to accrue on the first day the order is served and shall cease on the day the
violation is actually stopped or the correction is completed.
(e) In addition to the penalties set forth in lCC 18.50.1 10, violations causing
significant damage as defined by the following acts may also be assessed penalties at an
amount reasonably determined by the administrator to be equivalent to the economic
benefit that the violator derives from the violation, as measured by the greater of the
resulting increase in market value of the property or the value received by the violator, or
savings of construction costs realized by the violator:
(i) Grading (filling and/or excavation), clearing of vegetation and trees, and/or
draining of riparian corridors, wetlands and their buffers; or
(ii) Destruction of a historic landmark, or cultural or archaeological artifact as defined
by county ordinance.
(2) Payment of a civil penalty initially assessed pursuant to this chapter does not
relieve a person of the duty to correct or remediate the violation as ordered by the
administrator.
(3) In addition to any other penalty under this chapter, the administrator is authorized
to suspend or revoke any permits issued pursuant to the UDC as further set forth in this
chapter.
(4) Criminal Penalties. As a final alternative to any other administrative or legal
remedies under this chapter, any person who willfully or knowingly violates or fails to
comply with any stop work order or emergency order, issued by the administrator
pursuant to this chapter, is guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than $1,000 or by imprisonment for not more than 180
days, or by both such fine and imprisonment. Each day such violation or failure to
comply continues shall be considered an additional misdemeanor offense.
(5) Additional Relief. Notwithstanding other remedies in this chapter, the
administrator may seek legal or equitable relief to enjoin any acts or practices or abate
any conditions which constitute or will constitute a violation of any land use provision or
regulations adopted under the UDC when civil or criminal penalties are inadequate to
effect compliance.
(6) Violator's Liability for Damages. Any person who violates any provisions or any
permit issued under the UDC shall be liable for all damage to public or private property
arising from such violation, including the cost of restoring the affected area to its
Adopted by Board of County Commissioners
By Ord #
7
condition prior to violation. The prosecuting attorney may bring suit for damages under
this chapter on behalf of the county. Ifliabil~ has been established for the cost of
restoring an area affected by a violation, the court shall make provision to assure that
restoration will be accomplished within a reasonable time at the expense of the violator.
[Ord. 11-00 ~ 10.11]
18.50.120 Exception to enforcement and penalties - Land divisions.
The procedures and penalties of this chapter expressly do not repeal and replace
the penalties and enforcement provisions of Chapter 18.35 JCC, Land Divisions, but shall
apply only to conditions of final plat approval. All other enforcement and penalty
provisions of Chapter 18.35 JCC, as they now exist or are later amended, shall remain in
full force and effect. [Ord. 11-00 ~ 10.12]
18.50.130 Recovery of civil penalty and cost of abatement.
(1) Lien - Authorized. Jefferson County shall have an unperfected lien for any civil
penalty imposed or for the cost of any abatement work done pursuant to this chapter, or
both, against the real property on which the civil penalty was imposed or any of the
abatement work performed. .
(2) Personal Obligation - Authorized. The civil penalty and the cost of abatement are
also joint and separate personal obligations of any person or entity in violation. The
prosecuting attorney on behalf of the county may collect the civil penalty and abatement
work costs by use of all appropriate legal remedies. r,:
(3) Lien - Foreclosure. The administrator shall cause.a claim for lien to be filed for
record in the Jefferson County auditor's office within 90 days of the date when the lien
was perfected.
(4) The claim of lien shall contain the following:
(a) The authority for imposing a civil penalty or proceeding to abate the violation, or
both;
(b) Proof, which may come from the document itself, of the legal perfection of the
lien;
(c) A brief description of the civil penalty imposed or the abatement work done, or
both, including the violations charged and the! duration thereof, including the time the
work is commenced and completed and the name of the persons or organizations
performing the work;
(d) A legal description of the property to be charged with the lien;
(e) The name of the known or reputed owner, and, if not known, the fact shall be
alleged; and
(f) The amount, including lawful and reasonable costs for which the lien is claimed.
(5) Verification. The administrator shall sign and verify the claim by oath to the
effect that the administrator believes the claim is just.
(6) Amendment. The claim of lien may be amended in case of action brought. to
foreclose same, by order of the court, insofar as the interests of third parties shall not be
detrimentally affected by amendment. Nothing shall prevent the administrator from
removing or reducing the civil assessment or lien upon satisfactory evidence that the
violation of this development code has been abated, resolved, or removed.
(7) Foreclosure. The lien provided by this chapter, once perfected and recorded as a
lien against any real property owned in Washiington by the debtor, may be foreclosed and
enforced by a civil action in a court having jurisdiction. All persons who have legally
Adopted by Board of County Commissioners
By Ord #
8
filed claims ofliens against the same property prior to commencement of the action shall
be joined as parties, either plaintiff or defendant. [Ord. 11-00 ~ 10.13]
Ordinance Table
I
2
3
1
5
6
7
8
9
LO
II
12
C 382
13
1'1
15
16
17
18
19
20
21
22
23
1 69
269
1 70
1 71
271
1 72
272
1 73
2 73
373
'1 73
I 71
2 7,1
3 71
1 75
') 75
3 75
1 76
'1 25 51 Real estate sales exeise HU~
5 21 51 Traffic OR ocean beacbes
11 5 51 Real estate sales excise tax
'1 30 52 Real estate sales excise tax
1 20 53 Real estate sales excise tax
Missing
1 26 5'1 Real estate excise ta)! Expir.ed
P 20 5'1 Testing for Brucella abortus 8.15
1"95'1 Real estate sa~es excise tax Expired
6 9 55 Building permits Not coditied
'1 16 56 Real estate sales eKcise tax Expired
5 11 56 Coin operated amusement devices Repealed by I 71
12 1 58 Vacation and sick leave 2.10
,1 15 57 Real estate sales excise tax Expired
,1 21 58 Real estate sales excise tax E:;:pired
'1 20 59 Real estate sales excise tax Expired
'1 18 60 Real estate sales exoise tax Expired
'1 21 61 Real estate sales excise tax Expired
1 16 62 Real estate sales excise tax Expired
5 6 63 Real estate sales excise tax Expired
5 1 6.1 Real estate sales excise tax Expired
5 17 65 Real estate sales excise tax Expired
5 1 66 Real estate sales excise tax Expired
'1 30 68 Real estate sales excise tax Expired
11 17 69 Pri'/ate sewage disposal systems 8.15
12 1 69 Building permits Repealed by 2 84
1970 ..^.ssemblies 8.20
3 1 71 Repeals Ord. 12 Repealer
9 7 71 Platting regulations Repealed by 1 75
5 1 72 Uniform traffic code Repealed by 2 88
8 10 72 Permits for county road approaches 12.05
5 7 53 Membership camping clubs Repealed by 3 80
5 29 73 Survey Recording "^1Ct fees "^1ppendix
5 29 73 Vacation and sick lea',e 2.10
1973 Park regulations 8.25
6 17 7-1 Vacation and sick leave
1223 7'1 fire zones 15.10
12 23 7'1 Building codes Repealed by 2 84
2 1 75 Subdivisions Repealed by 1 92
'1 7 75 Building code Repealed by 2 81
9 15 75 Speed lilllits on lakes Repealed by 5 90
'1 5 76 Leasehold excise ta>( 3.10
E>_pired
10.10
Expired
Expired
Expir7d
2.10
Adopted by Board of County Commissioners
By Ord #
9
2 76 12 20 76 Vaeation of COl::Hity roaEls Ref)ealed by'1 80
1 77 8 15 77 SEP~\ implemematioaR-epealea bY,1 81
2 77 12 27 77 Health regulatioos 8.05, 8.10, 8.15
I 79 3 7 79 Subdivisions Repealed by '1 92
2 79 12 2'1 79 Fee schedule Net eeaified
1 80 1 28 80 Sewage disposal system 8.15
2 80 5 12 80 Stock r.estrieted area 6. lO
3 80 7 7 80 Camping dubs Repealed by 11 00
'1 80 8 6 80 Road "aeations Repealed by 3 85
5 80 12 22 80 Fee schedule Not codified
I 81 1 19 81 SEP.'\ Repealed by 7 84
2 81 3 9 81 Publie and priynte utility franehises Repealed by 1 00
3 81 6 15 81 Lodging tax 3.25
I 82 1 -1 82 Fee schedule Not coditied
2 82 I -1 82 Fee schedule Repealed oy 2 81
3 82 1982 Fee schedule Repealed bj' '1 85
'1 82 3 15 82 SubdivisioRs Repealed by 1 92
5 82 7 19 81 Floodplain management 15.15
6 81 10 1182 Health departmeat fee schedule, , Not codified
1 83 1 3 83 On site sewage disposal systetR 8:1 5,
2 83 -1 15 83 Subdivisions Repealed OJ' -1 92
3 83 6 13 83 Camping and park lands regulatioRs 12.25
-1 83 6 28 83 Buildiag fee sehedule Repealed BY 2 81
5 83 10 26 83 Real estate sales exeise tax 3.05
6 83 12 5 83 Health departmem fee scheawe Not codified
1 81 1 23 ~'1 Charge [Dr retl1:lned.ehe~ks 3.50
2 8't I 13 81 Building codes Repealed by 1 93
3 81 3 26 8.1 Camping and park lands 12.25
.1 8,1 '1 16 81 l\nimals 6.05
5 8-1 1 6 8.1 Building codes Repealed by 1 93
6 8'1 7 23 8-1 Timber harvester fax 3.15
7 8'1 10 8 8'1 SEP~\ Repealed by 11 00
8 8'1 II 5 8'1 Use offirearms in eerta:in areas Repealed by 7 91
I 85 1 8 85 Health department fee s13Red1:lle Repealed by 13 92
2 85 I 7 85 Public. [Dod sendee estabJishmeJlits 8.05
3 85 1 7 85 Road T/aeations Repealed Iby {) 92
,1 85 1 28 85 Building depaltmeat fee schedule Repealed by 7 85
5 85 6 17 85 Litter control 8.30
6 85 6 17 85 Public '.yorks deparunent fee sehedule Repealed by 12 92
7 85 6 17 85 Building departaleFlt fee sehedule Repealed by 5 89
8 85 8 5 85 Healt1:'l department fee sekequle Repealed by 13 92
9 85 8 5 85 Solid '.vasto diyisioll fee sehedule Repealed by 1 86
1 86 8 13 86 Solid waste dh'isionfee sehedllle Repealed by 3 88
2 86 12 1 86 Sale and distriln:ltion of malt liE(1:!or 5.05
I 87 2 9 87 On site sewage disposal systeIB 8.15
2 87 5 18 87 fJe.ohol F-elated offeRses 1.10
Adopted by Board o/County Commissioners
By Ord #
10
3 87 7 27 87 Health department fee schedule Not codified
'1 87 12 21 87 911 emergency looator system Repealed by 2 91
1 88 2 22 88 Health. department fee schedule Repealed by 13 92
2 88 2 22 88 Model Traffic Ordinanoe Repealed by 11 98
3 88 3 7 88 Solid "'taste di';ision fee schedule Not codified
1 89 2 13 89 Floodplain management Repealed by 18 95
1/\ 89 6 5 89 Solid waste division fee sE.1hedule Repealed by 3 91
2 89 ' 9 11 89 Public food seryice establishments 8.05
3 89 1 ().- 16 89 Development Gode Repealed by 1 92
(1 89 11 27 89 Health department fee sehedule 'Repealed by 13 92
5 89 12 18 89 Planning and building fee schedule Repealed by 15 92
1 90 1 8 90 De';elopment code Repealed by 1 92
2 90 '1 16 90 Delinquent special assessments foreclosure 3. '15
3 90 7 23 90 Development code Repealed by 1 9'l
'1 90 8 27 90 On site sewage disposal systems 8.15
5 90 9'1 90 Boating safety program 8.'10
6 90 10 1 90 Deyelopment code Repealed by 1 92
1 91 3 18 91 Hearing examiner Repealed by 11 00
2 91 .1 1 91 911 emergency locator system 12.20
3 91 '1 22 91 Solid waste division fees Not coditied
'1 91 6 17 91 Hearings 8.35
5 91 9 16 91 SEP,^. 16.05
6 91 10 1'1 91 SEPA 16.05
791 101'191 Use of firearms in certain areas 9.05
1 92 1 6 92 Zoning and development regulations Repealed by 9 9.1
2 92 , 1 27 92 Develol'ment code Repealed by 9 .91
3 92 3 23 92 Fee sehedule Repealed by 2 93
'1 92 5 26 92 Subdivisions Repealed by 11 00
5 92 6 1 92 Letting of county contracts 3.55
6 92 6 15 92 Road ','acations Repealed by 1 00,5 01
7 92 7 6 92 Boating safety 8.'10
8 92 7 13 92 Enllanced 911 system excise tax 3.20
9 92 8 15 92 Road approaches 12.05
10 92 8 17 92 Planning and building fees Not codified
11 92 11 16 92 Returned check charges Repealed by '1 0'1
12 92 12 1'1 92 Public works depat1ment fees Repea.led by 12 96
13 92 1 'l 1 '1 92 Health depm1ment fees Repealed by 3 96
1'1 92 12 21 92 Animal control fees Repealed by 12 96
15 92 12 28 92 Fee schedule Repealed by 12 91
1 93 2 8 93 Building codes Repealed by 3 98
2 93 3 22 93 Solid waste division fees Not codified
3 93 3 22 93 Camping and park lands 1 'l.25
,1 93 6 H 93 Funding disput-e resolution center 3.'10
5 93 6 21 93 Labor bi" incarcerated def.endants 1.10
6 93 7 ')6 93 Solid 'It'aste division fees .^~ppendix
7 93 g 'l 93 Extends effective duration of Ord. 1 92 Not codified
Adopted by Board of County Commissioners
By Ord #
11
893
993
10 93
11 93
1 91
29,1
3 9'1
'1 91
5 9'1
691
79,1
8 94
99'1
10 91
11 91
12 9,1
13 9'1
1 '1 91
15 9'1
1691
1794
18 9,1
19 9'1
1 95
295
395
'1 95
5 95
695
795
895
995
10 95
11 95
12 95
13 95
1 '1 95
15 95
1695
1795
1895
1995
2095
'11 95
] 96
296
8 16 93 Cl:HTent use tax assessBlent applications Repealed by I:! 91
9 13 93 ,^~dditional sales and use tax 3.30
12 6 93 Regulates traffic on county roads Repealed by 11 98
12 14 93 Extends effeeti'/e duration of Ord. 1 92 Not codified
1 3 91 Veterans assistance fund YOl:leher payments 3.35
1 10 9'1 Interim urban gmwth ""reas Not codified
2 7 9'1 Interim urban gro'.'t1h areas }Jot codified
:! 28 9'1 Interim urban gro'.yth. alreas; sl:Ibdiyisions Repealed by 11 00
5 9 9'1 Critieal areas Repealed by 11 00 .
7 5 9'1 Mineral resource lands Not codified.
7 5 91 Forest resource lands Not codified
7 18 9'1 No shooting areas 9.05
8 1 91 Zoning Repealed by 11 00
8 8 9'1 Enhaaeed 911 system excise tax 3.20
8 :!2 91 Interim elitie,al areas Expired
8 '12 9-1 Pennit center fees Repealed by 12 96
9 26 9-1 Permit center fees Repealed by 1095
10 21 9'1 Zoning Repealed by 11 00
10 :!8 91 Intelim urban growth areas Rescinded by 17 95
10 28 9-1 Interim resource lands Mot eoditied
11 28 9,1 Interim resource landsNot oodified
12 12 9'1 Interim resource landsNot codified
12 27 91 Interim critical areas Not eodified
1 17 95 Interim urban grm...th areas Reseinded by 17 95
t 23 95 Zoning Repealed by 11 00
2 27 95 No shQoting areas 8.50
2 :!8 95 Interim mitioal areas Not oodified
'1 :! 'I 95 Interim critioal areas Not codified
5 22 95 Interim critical areas Not codified
5 2,1 95 Forest lands Repeale~ by 11 00
5 25 95 <^~griou1turallands Repealed by 11 00
5 25 95 Mineral lands Repealed by 11 00
6 5 95 Pemlit center fees Repealed by 12 96
6 19 95 Interim eritieal areas Not codified
6 26 95 No shooting areas Kala Point 8.50
6 26 95 Camping and park lands regulations 12.25
(5 26 95 Critical areas Repealed by 11 00
8 1 '1 95 Zoning Repealed by 11, 00
9 25 95 i^~nimals 6.05
10 2 95 Port Ludlow Planned Oommunity Not oodified
112095 Flooddamageprevemion 15.15
11 21 95 Subdivision moratoriurp Not codified
11 27 95 ' Code adoption 1.01
t 2 18 95 Zoning Repealed by 11 . 00
I 2 96 Road vacations Repealed by 5 0 I
2 5 96 Drug free zones Chimaoum 9. to
Adopted by Board o/County Commissioners
By Ord #
12
3 96 2 5 96 Health department fe-es Repealed by 12 96
'1 96 2 6 96 No shooting areas Port Ludlow 8.50
5 96 2 1 '1 96 Land use controls Repealed by 6 98
6 96 3 25 96 .A.nimals Repealed by 12 96
7 96 3 25 96 Public works departmefl:t fees Repealed by 12 96
8 96 '1 8 96 Permit re',iew process Repealed by 1 98
9 96 8 19 96 Land use controls Repealed by Res. 82 96; Ord. 6 98
10 96 11 1 96 Storm'/;ater managemefl:t Repealed by 11 00
11 96 11 1 96 Hearing examiner Repealed by '1 98, 11 00
12 96 12 9 96 Fee schedules Appendix '
1 97 I 21 97 Forest lands Repealed by 11 00
2 97 1 17 97 Subdivision controls Repealed by 6 98
3 97 5 5 97 Board of 11ealth 8.00
'1 97 5 12 97 Drug free zones Quilcene 9.1 0
5 97 5 18 97 No shooting areas Brinnon (Black Point) 8.50
697 102097 Drug free zones Brinnon 9.10
7 97 12 8 97 Shoreline Management Program amendments Not codified
1 98 5 '1 98 Distressed county sale~~ and use tax 3.28 (Expires 6/301:2023)
2 98 6 22 98 Lodging tax 3.25
3 98 7 13 98 Building codes 15.05
'1 98 8 28 98 Land use application procedures Repealed by 11 00
5 98 8 28 98 Code interpretation Repealed by 11 00
6 98 8 28 98 Interim land use controls Repealed by 11 00
7 98 11 9 98 Interim land use controls Repealed by 11 00
8 98 11 23 98 Land use application procedures Repealed by 11 00
998 12 7 98 Lodging tax 3.25
10 98 12 1.1 98 Interim land use controls Repealed by 5 99, 8 99
11 98 12 1-1 98 Model Traffic Ordinance 10.05
1 99 2 8 99 Interim land use controls Repealed by 11 00
2 99 5 3 99 Fee schedules f..ppendix
3 99 6 1 '1 99 No shooting areas Brinnon 8.50
'1 99 6 21 99 Distressed county sales and use tax. 3.28 (Expires 6/30/2023)
5 99 6 23 99 Interim land u~~e controls Repealed by 8 99
6 99 7 12 99 Personal '<'tireless service facilities 18. '12
7 99 8 9 99 Road \'acations Repealed by 5 01
8 99 10.1 99 Port Ludlow master planned resort 17.05, 17.10, 17.15, 17.20.
17.25, 17.30, 17.35, 17.'10, 17.'15. 17.50
9 99 10 11 99 Fee schedules Repealed by 3 0,1
10 99 11 8 99 Fee sch.edule~~ Repealed by 3 02
11 99 11 15 99 Fee schedules Appendix
12 99 12 13 99 Real e~tate sales excise ta>;: 3.05
13 99 12 13 99 Fee schedules Repealed by 1 03
1 '1 99 12 13 99 Canlping and park lands regulations 12.25
1 00 I 3 00 Utility uses on rights of , say 13.56
2 00 I 3 00 Telecommunications uses on rights of way 13.60. 13.6'1, 13.68. 13. 72,
13.76, 13.80, 13.8'1, 13.88, 13.92
Adopted by Board of County Commissioners
By Ord #
13
3 00 .1 17 00 Intel;m land use oontrvls Repealed by 11 00
'1 00 6 5 00 Interim land use controls Repealed by 11 00
5 00 7 ') '1 00 Unelaimed remains of indigent persOfl5 2.15
6 00 8 7 00 Interim laud use controls Repealed by ] 1 00
7 00 8 1-1 00 No shooting areas Brinnon (TritoR C<v.'e) 8.50
8 00 9 21 00 On sile se'l....age code 8.15
9 00 10 ') 00 County administrator 2.01
10 00 11 '27 00 Conser'o'ation futures tax 3.07
11 00 12 1800 Unified Development Code 18.05,.18.10,18.15,18.20,18.25,
18.30, ]8.35, ]8.'10. 18.15, 18.50
1 01 2 26 01 Courthouse faeilitator progr<am. 3.'12
2 01 5 21 01 Land use map Not coElified
2A 01 5 17 0] On site sewage disposal systeB1S 8.15
3 01 7201 Unified Deve]OpRlent Code 18.30, 18.-10
'1 0 I 8 15 01 POlt Ludlow drainage distriet Not eodified
5 01 9 '21 01 Road vacations 12.10
6 01 9 24 01 Speed limits 10.05
6}.01 10 18 01 On site sewage disposal systems 8.15
701 12 ')'101 Unified De',elopment Code 18.10,18.15,18.20,18.30, ]8.10
8 01 12 '21 01 Comprehensiye plan Not codilied
1 02 Number not used
2 02 3 11 02 Unified Development Code 18.10, 18.15. 18.30, 18.10, 18.15
3 02 3 12 02 Fee schedules J\ppendix
-1 02 1 22 02 Unified De~;elopmem Code 18.15, 18.20, 18.30
5 0'> 7 8 02 .T1:wenile cOUli di,:ersion progFam 3.'13
6 02 7 8 02 c.onservation futures fund 3.08.
7 02 7 23 02 Sea\vater intmsion Repealed by 9 0'2
8 02 9 19 02 Environmental health ~ivil enforcement 8.01
902 923 02 Seawater intrusion 18.10, 18.15, 18.'20. 18.30
10 02 9 23 02 Radio access lines tEl}, B .20
11 02 10 ') 1 02 Community investment fund 3.29
12 02 12 02 02 No shooting areas OI)'fBpie CaBal Tracts 8.50
13 02 12 13 02 Comprehensi';e plan Not codified
1-1 02 12 13 02 Comprehensive plaR Not codified
15 02 12 13 0'2 Glen Cove LAMIRD Not codified
16 02 I') 13 02 Comprehensive plan Not codified
17 02 12 13 02 Comprehensive plan Not eodified
1802 12 13 02 Unified development (Jode 18.05.18.10,18.15,18.20,18.30,
18.'10. 18.'15
19 02 12 13 02 Comprehensive plan Not codified
20 02 12 16 02 No shooting areas SO\:l.th Coyle Peninsula 8.50
21 02 12 20 02 Unified de.velopment eode 18.1 0, 18.15, 18.30
1 03 2 03 03 Hearing examiner rules of proeed\ire 18.05
') 03 2 10 03 8tormwater Inanagelneftt standards 18.30
3 03 3 3 03 Unified de';elopmem: code 18.15
'1 03 3] 7 03 Fee sc.hedules Appendix
Adopted by Board of County Commissioners
By Ord #
14
503
603
703
803
903
1 0,1
2 0'1
3 0'1
'1 0'1
50'1
60,1
70,1
80'1
901
100,1
~
11 0'1
I::! 0'1
,1 2803 Unified de'lelopmcnt code 18.10,18.15, 18.'10
6 9 03 Unified de';elopment code 18.10,18.15
8 ') 5 03 Port Ludlow drainage district Not eoditied
12 08 03 Comprehensive plan Not codified
12 08 03 Comprehensive plan Not codified
3 1 0,1 Unified de-:elopment code Not codified
3 15 0'1 Fee schedules .^..ppeadix
'1 5 0'1 Fee schedules i'\ppendix
'1 5 01 Returned cheek charges 3.50
'1 19 01 Fee selledules Appendix
5 100-1 Unifieddevelopmemcode 18.05, 18.10, 18.15. 18.20.18.30
5 20 0'1 Illegal drug manufaehlring and storage 8.55
7 6 0,1 Comprehensiye plan Not codified
7 15 0'1 Solid waste 8.10
8::!30'1 IrondaleandPottHadloekUG/\ 18.05,18.15, 18.18.18.20,
I () 01 0'1
11 2::! 0'1
Repeals S~ 2, 3 and 5 ofGrd. I 0'1 18.15, 18.20, UUO
Timber hurycsters' excise tax 3.15
..,
Adopted by Board of County Commissioners
By Ord #
15
"The County Commissioners. through adoption of Ordinance
# . hereby put the reader on notice that Chapter 18.18
of the Jefferson County Code. listed in its entirety below. is null
and void and has no force and effect and shall not regulate.
conlro.1 or be applicable to any development. permitting process
or other land use action that will occur or is Droposed to occur
within the boundaries of the Port HadlocklIrondale Urban
Growth Area until such time as the Western Washington
Growth Management Hearings Board ("WWGMHB") states in
writing that these development regulations are compliant with
.
CIl. 36.70A RCW. commonly known as the Gro\\'1h
Management Act or "GMA." Until such time as there is a
final adiudication by the WWGMHB or any other court of
competent iurisdiction which finds Ch. 18.18 JCC to be
compliant with the GMA. rural standards shall control and
regulate the development of. permitting process for or other
land use decisions for proDosals that would occur. if approved
or allowed. upon real property within the boundaries of the Port
Hadlockllrondale Urban Growth Area."
Chapter 18.18 "
IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULA nON
IMPLEMENT A nON
Sections:
18.18.010
18.18.020
18.18.030
18.18.040
18.18.050
18.18.060
18.18.070
18.18.080
18.18.090
18.18.100
18.18.110
18.18.120
18.18.010
Purpose.
Establishment of urban growth area (UGA) land use and zoning districts.
Purpose of UGA land use and zoning districts.
Use tables.
Density, dimension and open space standards.
Development requirements and performance standards.
Landscaping.
Parking and pedestrian circulation.
Lighting.
Signs.
Design standards.
Site plan approval required in the Irondale and Port Hadlock UGA.
Purpose.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters I 8. 15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
The purpose of this chapter is to establish land use controls and regulations for the
unincorporated Irondale and Port Hadlock urban growth area consistent with the adopted
Jefferson County Comprehensive Plan. [Ord. 10-04 ~ 3, lOO4].
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Urban Residential Urban low density residential (ULDR)
Urban moderate density residential (UMDR)
Urban high density residential (UHDR)
Urban Commer:,cial Urban commercial (UC)
Visitor-oriented commercial (VOC)
Urban Industrial Urban light industrial (ULI)
Public Public (P)
[Ord. 10-04 ~ 3, 2004].
18.18.030 Purpose of UGA land use and zoning districts.
The purposes of the land use and zoning districts are as follows:
(1) Urban Commercial (UC). The purpose of the urban commercial designation is to
provide for a wide range of commercial activities and compatible residential uses that
provide for community and regional goods and services for residents of the UGA and
surrounding areas of eastern Jefferson County as well as the traveling public;
(2) Visitor-Oriented Commercial (VOC). The purpose of the VOC designation is to
recognize the unique area of the Old Alcohol Plant and provide for multiuse commercial
and residential uses and for visitor-oriented lodging, goods and sendces, and urban
residential development opportunities consistent with the historical and tourism-related
character of the area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to
provide for areas of single-family urban residential development that are separate from
commercial and industrial uses and activities;
(4) Urban Moderate Density Residential (UMDR). The purpose oCthe UMDR district
is to provide for areas of mixed single-family and moderate density multifamily urban
residential development;
'(5) Urban High Density Residential (UHDR). The purpose of the UHDR district is to
provide for areas of high density multifamily residential development;
(6) Urban Light Industrial (ULO. The purpose of the ULI designation is to allow for
low intensity and low nuisance potential industrial uses; and
(7) Public (P). The purpose of the P designation is to provide for the siting of
important public facilities and services compatible. [Ord. 10-04 ~ 3, 2004].
18.18.040 Use tables.
This section establishes whether a specific use is allowed, prohibited, conditional
or othelWise designated.
Table 3-1. Allowable and Prohibited Uses
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Village Center, Nesses' Comer General
Crossroads, [rondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer oJ the beginning of this chapter. Allowed uses for rural zoning designations and
requirements fOr development can be found in Chapters 18.15 Land t;se Districts, 18.20 Performance
Standards, and 18.30 Development StmuJards in the Jefferson Coun(Y Code.
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified
by the following:
The location may have a multiple designation. This would be true of the
Shoreline Master Program, a subarea plan, or an overlay district applied to the location.
The Shoreline Master Program (SMP) should be consulted if the location of interest is
subject to the SMP jurisdiction. See also Notes 1 to 3 to this table.
All regulations in this code apply to the uses in these tables. To determine
whether a parti~ular use or activity can occur in a particular land use district and location,
all relevant regulations must also be consulted in addition to this table.
A development proposal within 200 feet of the ordinary high water mark
of a regulated shoreline is within the jurisdiction of the Shoreline Master Program, and is
subject to the applicable provisions of Chapter 18.15 ICC.
Overlay districts provide policies and regulations in addition to those of
the underlying land use districts for certain land areas and for uses that warrant specific
recognition and management. For any land use or development proposed to be located
entirely or partly within an overlay district, or within the jurisdiction of a subarea plan,
the applicable provisions of the overlay district or subarea plan as provided in Articles VI
and VII of Chapter 18.15 ICC shall prevail over any conflicting provisions of the DOC.
Categories of Uses
Yes Uses allowed subject to the provisions of this code, if.l:!::luding meeting
applicable performance standards (Chapter 18.20 ICe) and developrilent standards
(Chapter 18.30 ICe); if a building or other development permit is requi~d, this use is
also subject to project permit approval; see Chapter 18.40 ICC.
D Discretionary uses are certain named and all unnamed uses which may be
allowed subject to administrative approval and consistency with the UDC, unless the
administrator prohibits the use or requires a conditional use permit based on project
impacts; see ICC 18.15.045 and Chapter 18.40 ICC.
C . Conditional uses, subject to criteria, public notice, written public comment
and public hearing procedure; see ICC 18.40.080.
C(a) Conditional uses, subject to criteria, public notice, written public
comment, and an administrative approval procedure, but not a public hearing; see JCC
18.40.080.
C(d) Conditional uses, subject to criteria, public notice, written public comment
and, at the discretion of the administrator, a public hearing procedure, if warranted, based
on the project's potential impacts, size or complexity, according to criteria in ICC
18.40.550 of the UDC; see ICC 18.40.080.
No Prohibited use.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Village Center, Nesses' Comer General
Crossroads, 1rondale Corner General Crossroads, and Rural Residential 1 : 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
Table 3A-I
Allowable and
Prohibited Uses lrondale and Port Hadlock Urban Growth Area (UGA) Zoning
Districts
Commercial Residential Industrial Public
Urban Commercial Visitor-
Oriented Commercial Urban Low Density Residential Urban Moderate Density
Residential Urban High Density Residential Urban Light lndustrialPublic
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Us~
Single-Family Housing
Single family residences Existing only Yes Y es Yes No No No
Duplexes (subject to meeting underlying density require~ents) Existing only Yes
Yes Yes No No No
Manufactured/mobile home parks Existing only No Yes Existing only Yes
No No
Multifamily Housing
Multifamily residential units (3+ units) Yes I Yes No Yes Yes No
No
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted living facilities Yes No Yes Y es Yes
No No
Accessory Uses .-,
Accessory dwellings units Yes Yes Yes Y es Yes No No
Home businesses Yes Yes Yes Yes Yes No No
Cottage industries Yes No No No No No No
Commercial Uses
Animal shelters and kennels, commercial C(a) C(a) No No No No
No
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No. No No No No
Automobile repair and/or restoration Yes Yes No No No Yes No
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
Bed and breakfast residence Yes Yes Yes Yes Yes No No
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales and storage Yes Yes No No No Yes No
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Yi//age'Center, Nesses' Comer General
Crossroads, lrondale Comer General Crossroads, and Rural Residebtiall : 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jeffirson County Code.
Bowling alley Yes Yes No No No No No
Building supply and hardware store Yes No No No No No No
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental, and vision) and veterinary clinics and hospitals Yes Yes
No No No No No
Convenience store Yes Yes No No No No No
Contractor yards (commercial excavating) Yes No No No No Yes
No
Drinking establishment Yes Yes No No No No Yes
Eating establishment Yes Yes No No No Yes2 Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl. motel/hotel)3 Yes Yes No No No No
No
Lumber yard Yes No No No No No No
Mini-storage facilities No No No No No Yes No
Warehouse/moving storage Yes No No No No Yes No
Personal and professional services Yes Yes No No No No No
Retail sales and services Yes Yes No No No No No
Unnamed commercial uses D D No No No No No
Industrial Uses
Asphalt batch plants No No No No No No 'No
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental services Yes No No No No Yes
No
Heavy industry No No No No No No No
Light industry No No- No No No Yes No
Outdoor storage yards Yes No No No No Yes No
Resource processing, accessory to extraction operations No No No No
No Yes No
Mining and mineral extraction activities No No No No No Yes
No
Recycling center C No No No No Yes Yes
Warehouse/wholesale distribution center C(a) No No No No Yes
No
(Automobile) wrecking and salvage yards No No No No No Yes
No
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads, and Rural Residential J: 5. Please refer to the
disclaimer allhe beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts. 18.10 Performance
Standards. and 18.30 Development Standards in the Jefferson County Code.
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See JCC 18.15.110
Public Purpose Facilities
. College or technical school Yes C No No No Yes Yes
. Emergency services (fire, police, EMS) Yes Yes C C C Yes
Yes
· Government offices Yes Yes No No No No Yes
. Library/museum/post office Yes Yes No No No No Yes
. Parks No Yes Yes Yes Yes No Yes
· Public works !Ilaintenance/equipment storage shops Yes No No No
No Yes Yes
· Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
. School, primary and secondary Yes Yes C C C No Yes
· Visitor/community center Yes Yes C(d) C(d) C(d) No . Yes
. Water and wastewater treatment facilities Yes Yes C(d) C(d) C(d) Yes
Yes
Cemeteries No No C(d) C(d) C(d) No Yes
ChurchC(d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) Cd Yes No No
Unnamed institutional facilities D D D D D D D
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths, public or private Yes Yes Yes Yes .Yes Yes Yes
Unnamed transportation uses D D D D D D D
Utility Uses
Commercial communication facilities See ICC 18.20.130
Utility developments, major C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing only- No. No Yes
No
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal processing and storage No No No No No
Yes No
Lumber mill, stationary No No No No No No No
Nurseries Yes No No No No No No
Unnamed agricultural and forestry uses D D D D D D
D
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Vj{{age Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads. and Rural Residential 1 : 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural z(Jning designations and
requirements for development can be found in Chapters 18.15 Land fJse Districts. 18.20 Performance
Standards. and 18.30 Development Standards in the Jeffirson Counly Code.
1 Only allowed in the UC zone as part of a multistory mixed use commercial
development with residential units located above permitted ground floor commercial
uses.
2 Maximum building size of 800 square feet.
3 HoteVmotel rooms are not dwelling units and shall not be subject to residential density
requirement.
[Ord. 10-04 ~ 3,2004]
18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban
development within the UGA.
NOTES TO TABLE 3A-2:
I. Fences are exempt from setback requirements, excePt in tf1e jurisdiction of
the Shoreline Master Program (SMP) or when impairing safe sight lines at intersections,
as determined by the county engineer.
2. Setbacks do not apply to mailboxes; wells; pump houses; bus shelters;
septic systems and drainfields (except in the SMP); landscaping (including berms); utility
apparatus such as poles, wires, pedestals, manholes, and vaults. No other structures or
communication devices (such as antennas, satellite dishes) shall be located in the front
setback area unless approved by the administrator. The administrator may reduce the
minimum front road setbacks if the strict application of such setbaclc: would render a legal
lot of record unbuildable under the provisions of this code.
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator
shafts, flagpoles, utility lines and poles, skylights, communication sending and receiving
devices, HV AC and similar equipment, and spires associated with pl~es of worship are
exempt from height requirements. ,,'
4. Structures used for the storage of materials for agricultural activities are
exempt from the maximum building height requirements.
5. Approved subarea plans may establish different bulk and dimensional
requirements for those areas.
6. "N/ A" = Not applicable.
7. Road Classifications. To clarify the setbacks for urban development
activities within the UGA consistent with the requirements of this section, the following
road designations shall apply:
Principal arterials. None classified in the UGA.
Minor arterials. SR 19 (Rhody Drive)
Major collectors. SR 116 (Ness' Comer Road, Oak Bay Road to Flagler
Road and Flagler Road), Chimacum Road, Irondale Road.
Minor collectors.
Local access roads.
Alleys.
Private roads.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center. Nesses' Corner General
Crossroads, Irondale Corner General Crossroads. and Rural Residential 1: 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed usesfor rural zoning designations and
requirements for development can be formd in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply
to outbuildings for residential or agricultural uses such as detached garages, storage sheds
or tool sheds, except for existing lots of record less than five acres wherein the minimum
rear and side yard setbacks for outbuildings shall be five feet.
Table 3A-2
Density and Dimensional Standards Irondale and Port Hadlock Urban Growth Area
(UGA)
Commercial Residential Industrial Public
Urban CommerciaV
Visitor-Oriented Commercial Urban Low Density Residential Urban Moderate
Density Residential Urban High Density Residential Urban Light IndustrialPublic
Development Standard UCNOC ULDR UMDR UHDR ULI P
Allowed Residential Density 7-24 unitslacre4 4-6 units/acre 7-14 units/acre 14-24
units/acre Nt A Nt A
[Note: Standard densities apply to development with connection required to sanitary
sewer system. On-site sewer code allows minimum 12,500 sq. ft. lot for on-site septic
systems with waivers possible to approximately minimUDil 7,500 sq. ft. However, the
code does not allow waivers less than 12,500 sq. ft. for lots within critical aquifer
recharge areas (CARAs). Therefore standard density in the ULDR zone (inside CARAs
and outside of20-year sewer service area) is approximately 3.5 d.u.'slacre. Standard
density of 4 d.u. 'slacre in the ULDR zone (outside CARAs and outside of20-year sewer
service area) may be achieved only by compliance with the waiver provisions of the on-
site septic code. Maximum density of 6 d.u. 'slacre in the ULDR only achievable by
connection to sanitary sewer (allowed within the optional: sewer serv'ice area overlay).]
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public
health and environmental protection standards contained in the Jefferson County
Regulations. Ability to subdivide is regulated by the permitted development density.
Minimum Front or Street Setbacks [Note: The administrator may alter the local access
road setback requirements for subdivisions; provided, that pedestrian facilities are
constructed and that reduced sightlines for vehicular traffic do not create a public safety
concern.] . .
Local access roads 20 20 20 20 20 20
. Alleys 0 0 0 0 0 0
. Private roads 10 10 10 10 10 10
Minor Collector 20 20 20 20 20 20
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 35 35 35
Minimum Rear and Side Yard Setbacks (see Key Notes)5 5 5 5 5
10 20
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural ViI/age Center, Nesses' Corner General
Crossroads, /rondale Corner General Crossroads, and Rural Residential/: 5. Please refer to the
disclaimer at the beginning of this chapter. AI/owed usesfor rural zoning designations and
requirements for development can be found in Chapters/8. 15 Land Use Districts, /8.20 Performance
Standards, and 18.30 Development Standards in the Jeffirson County Code.
Maximum Building Dimensions (Note: Maximum building height recommended for
increase from 35 feet to 70 feet in all commerciaVindustrial zones as well as the public
and urban high density zone to allow for and accommodate increased densities and mixed
use "residential-over-commercial" development in the urban commercial zone.]
Building Height (feet)70 35 35 70 70 70
Lot Coverage, Buildings Only (%) No maximum6 60 70 70 No
maximum6
Total Building Size (sq. ft.) None specified
4 Residential development within the urban commercial (DC) zone only allowed as an
upper story mixed-use component of permitted ground floor commercial activities.
5 Special Rear ~d Side Setbacks [See also notes to T~le 3A-2, No.8]:
. Wherever a light industrial use is proposed to abut a commercial or residential use or
zone the setback shall be 25 feet, unless otherwise specified in this code.
. Wherever a commercial use is proposed to abut a residential use or zone the setback
shall be 10 feet, unless otherwise specified in this code.
6 Adequate space must be provided for required parlcing, setbacks, landscaping, utilities,
septic system (if no sewer available) and stormwater management facilities, as
applicable.
[Ord. 10-04 ~ 3, 2004].
18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all
property proposed for development within the Irondale and Port Hadlock urban growth
area (UGA). No development approval shall be given, and no buildingpennit shall be
issued, unless the proposed development is in compliance with thep'Tovisions of this
section and Chapter 18.30 JCC, Development Standards. .
Development within the Irondale and Port Hadlock UGA shall be governed by the
following level of service standards.
(1) Street Standards. As a condition of any development approval within the Irondale
and Port Hadlock UGA, the property owner shall construct streets which the county
detennines are consistent with the adopted urban street standards in JCe 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale
and Port Hadlock UGA, the property owner shall obtain a certifICate of water availability
for the proposed use from Jefferson PUD #1 and connect to the PUD #1 water system.
Fire flow requirements shall be as specified by the Jefferson County fire marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner
shall construct surface and stonnwater management improvements as determined by the
county to be consistent with the surface water management standards adopted in
Jefferson County stormwater management plan.
(4) Sanitary Sewer Service.
(a) Sewer Service Area. As a condition of any new development approval or major
modification to an existing commercial, industrial, or multifamily residential use located
within a sanitary sewer service area, as identified in the adopted general sewer plan for
Adopted by Board of County Commissioners
By ordinance #
RllTal standards are currently in effect for the Hadlock RllTal Village Center. Nesses' Comer General
Crossroads. Irondale Corner General Crossroads. and RllTal Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. A 1I0wed uses for rural zoning designations and
requirements for development can be found in Chaptersl8. 15 Land Use Districts. 18.20 Performance
Standards. and 18.30 Development Standards in the Jefferson County Code.
the Irondale and Port Hadlock urban growth area, the property owner must obtain
conflfIllation of sewer availability from the sewer agency provider, prior to development
approval and must connect to the existing sewer line.
(b) Optional Sewer Service Area. If the proposed use or major modification is located
within a planned "optional" sewer service area as identified in the adopted general sewer
plan for the Irondale and Port Hadlock urban growth area, the property owner may either
construct an on-site septic system consistent with the requirements of Chapter 8.15 JCC
or upon confirmation of sewer availability from the sewer agency provider, connect to the
existing sewer line.
(c) Unsewered Areas. If the proposed use or major modification is located outside of
a planned 20-y~ sewer service area (including planned "optional" sewer service areas),
the property owner must construct an on-site septic system consistent with the
requirements of Chapter 8.15 JCC, Development within Identified Critical Aquifer
Recharge Areas, as identified in Article VI-E of Chapter 18.15 JCC, shall also meet the
requirements of JCC 18.30.180, On-Site Sewage Disposal Best Management Practices in
Critical Aquifer Recharge Areas.
(d) Interim On-Site Septic Systems. If a septic systerq is proposed for placement in a
planned and adopted 20-year sewer service area, for interbn use prior to sewer
availability, the county shall issue any approval for the septic system with a condition
that it be decommissioned and the property connected to the sewer system within one
year of sewer extension. Such on-site septic systems shall be professionally sited,
designed, installed, monitored and maintained according to the following criteria:
(i) Meeting the requirements of the Jefferson County health department, Washington
State Department of Health, or Washington State Department of Eoology, as appropriate.
(ii) Consider advanced fonns of pretreatment prior tOidischarge into the soil.
(iii) Consider proprietary pretreatment devices to refiJie high strength commercial
wastes prior to soil treatment and disposal.
(iv) Disinfection prior to disposal into more sensitive environments.
(v) System maintenance and monitoring by certified professionals under a program
managed by the Jefferson County health department.
(e) Interpretations. Within this section, ''new development" and "major modification"
means any development that requires wastewater/sanitary sewer provisions which cannot
be met with an existing system. Nothing in this section slilall be construed as prohibiting
the placement of an on-site septic system in the UGA, unless the property is located
within an existing sewer service area which has capacity Ito accommodate the proposed
development.
(t) No Protest Agreement. In addition, as a condition of development approval and
for all property owned by the same owner in a local improvement district (LID), the
owner shall sign an agreement not to protest a future LID or other pro rata sharing of
costs to construct and extend public sewer to the property within the next 20 years, if
deemed necessary as part of urban level of service phasing plan in the capital facilities
plan for the UGA.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Comer General
Crossroads, lrondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 1 8.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development StandDrds in the Jefferson County Code.
(5) Other Facilities and Services. Reserved.
(6) Credit for Prior Contnbutions and fufrastmcture Improvements. All of the
agreements not to protest fonnation of local improvement districts or other pro rata cost
sharing arrangements described in the previous sections above shall include credit for any
contributions or facility construction already made or completed by the individual
property owners (or their predecessor) for the particular urban public facility or service
contemplated by the capital facilities plan. [Ord. 10-04 ~ 3,2004].
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed-use, and multifamily
developments in the UGA shall comply with the following standards and shall be exempt
from the rural provisions of ICC 18.30.130, Landscaping/Screening.
(1) Landscaping Definitions.
(a) "Visual screen" means evergreen and deciduous trees (no more than 50 percent
deciduous) planted 20 feet on center, two shrubs planted between each pair of trees and
groundcover.
(b) "Visual buffer" means evergreen and deciduous trees (no more than 75 percent
deciduous) planted 30 feet on center, two shrubs planted between each pair of trees, and
groundcover.
(2) Plant Standards.
( a) Deciduous trees must be one and one-half inches diameter at chest height (four
and one-half feet from ground level) and must have a survivability rate of 100 percent
after one year and 80 percent after two years of planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of
100 percent after one year and 80 percent after two years of plantin,g. ,
(c) Ground cover is low evergreen or deciduous plantings at three foot spacing in all
directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a
survivability rate of 100 percent after one year and 80 percent after two years of planting.
(e) The retention of existing natura1 vegetation in place of new plants is encouraged
and allowed. The use of existing native and/or drought-tolerant landscape materials shall
be utilized whenever possible, and may be used in-lieu or in combination with existing
plarrtings-to demonstrate substantial consistency with the requirements of this section.
(3) Screening Standards.
(a) New or expanding commercial or industrial land uses within commercial or
industrial zones shall provide a five foot visual buffer along aU street frontages between
the street and on-site parking areas and a 10 foot visual screen along any property line
abutting a residential zoning district to minimize aesthetic impacts to residential
properties.
(b) New multifamily dwellings over four dwelling units in residential zones shaU
provide a five-foot visual buffer along aU street frontages.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Village Center, Nesses' Corner General
Crossroads, Irondale Corner General Crossroads, and Rural Residential I : 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18.15 Land Use Districts, 18.20 Performance
Standards. and 18.30 Development Standards in the Jefferson County Code.
(4) Alternative Designs. Alternative designs may be allawed if, upon review by the
administratar, they are detennined ta pravide landscaping substantially equivalent ta the
standards in this sectian. [Ord. 10-04 ~ 3, 2004].
18.18.080 Parking and pedestrian circulatian.
Parking far all new develapment shall comply with ICC 18.30.100, Parking. and
ICC 18.30.110, Off-street laading space requirements. Pedestrian facilities shall be
pravided in accordance with ICC 18.30.090, Pedestrian circulation. [Ord. 10-04 ~ 3,
2004].
18.18.090 Lighting.
Lighting shall comply with the standards set farthin ICC 18.30.140, Lighting.
[Ord. 10-04 ~ 3.1 2004].
18.18.100 Signs.
We sigH shall hereafter be erected or t:lsed far MY peFJ39se ar iR 8ft)' lftaRReT in the
tlre8fl gre...:th &FeEl eKeept as penRitted by the Fegt:l1ati9RS sftllis seetieft. :'.ll sigHS stlbjeet
fe this seetiall shall be 5libjeet ta appra./al and isslianee sf a sign perm it by the
adlftiflistFafar aeeeFtiiRg ta a Type I permit &pJWevat preeess as speeifieEl in Ch8J3ter
18.<lQ lCC. The atIIRinistfataT may waive eertaiB FeElt:lirelReB~ efthis SeebaR erreqliiFe
aeditieRal e9BEJiti9Rs feF aDY sign permit, if deemed Reeessary ta maintaiR eensistefley
with the Cemprehensive Pl8fl.
(1) Prehibited Signs. The fellawiRg signs ar-e pFehihiteEl:
(a) :\9a.Adefled sigas;
(b) BilIbear(js;
(e) flasRiRg, revolving €II" IHoving sigas, eKeeptiNg sleeks 8fld eleek9nie reader
beards all(;'lwed withiRuffl8fl eommeroial zenes; ';
(d) Oft' site sigJIs whish ad.,ertise a busiRess;
(e) Signs aF sign strnemres, which by ealaring. shape! werking, aT leeatien resemble
ar cOfltliet with traffie Gantrel signs af devices;
(1) Signs whieh er-eate a saf-ety RaMrd fer pedestrians ar '1ehieular tFatlie; and
(g) Sigas attaehed fa utility poles aT tr-affis signs. '
(2) EKe9lptiaRs. The feUewiflg signs are eKeRlf)t fFem the )3fa'lisians aftllis seGtioo:
(a) TFaffie and stalldar-EIized publis signs iNstalled by a ge...emmeflt entity;
(b) WiROO?' anl:t lUeFShaRdise displays, pamt ~fJ'lWehase advertising EJisplays suell a5
preduet dispeBseFS aReI bafber pales;
(e) NatiaRal flags. flags af a palitisal subai.:isiaB. llfId s)'ft'll:lalie f.Jags af an mstituticlR
or bl:lsiness;
(d) Legal F1etie~s required by law; ,
(e) Histerie site pl~lies aHa markers aIId gJW/esteRest
(0 Persanal sigAs displaying persanal messages st:lElhas "yard sale" af "Re
trespassiFlg" nat fa eKEleea eight square feet;
(;) Pelitieal ElaIRpaigH sigHS pasted fer a primary ar geReFaI eleetieft pnwiEled they
are Temeve€l by the eanEliGate or laRdawner witHin lQ EJays falla..ving the eleetiaA
termiAating eaadi€laey;
Adopted by Board of County Commissioners
By ordinance #
Rural standards are C1I1Tently in effict for the Had/ock Rural Village Center, Nesses' Comer General
Crossroads, Jrondale Comer General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning oflhis chapter. Allowed usesfor rvral zoning designations and
requirements for development can be found in Chapters 1 8.15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jeffirson County Code.
(h) StnlctHfes iflteflded for sCflarate use. sueh as recyeling eootaifleF5 aBd phefte
beeth:st
0) Real estate sigas; ffild
0) Lettering painted eft or .magneaeally tll:lsh meuftted OfIte a matar vehiele
eperatiflg in the nermal ca1::H'Se €If bl:lsifless.
(3) Design Stansanls. Sigasregl:llared by this seaieD iBell:lde sigBS that are attached
t€l the bl:lildiflg (e.g.. facade, prejeetioo €II" wall signs) !lAd signs that are set 8flart from the
buildiflg (e.g.. freestanding er mOlUlffient signs). J'.JI signs ffil:lst lBeet the fellewing
standards:
(a) The folle-.'1iftg staRaards 8flply to the illurniFlati€la aad iJh:lstfatian efsigns:
(i) The illl:l!Rinatio8 €If sigos shall be shaded. shielded, er ElireeteEl sa the light
intensity aT bJighmess shall Ret adveroely affect sUffel:lRdiog prapertias er Pllblic afld
private rights €If way er create a haz.al'd or Rl:lis8flee to the traveliRg fHlMie, aT to
SlUT<Jl:lftding preflerties;
(ii) No sign or part there€lf shall eeRsist ef retatiog. re.,elviRg, or l'llO...ing parts;
coasist €If banoefS, streBfllers, ar Spi8RefS; er involye tlashiflg, bliftking, ar altematifl;
lights. Twa cKeeptle8s to this staRdal'd are (1'.) tempomry signs asseeiateEl l,vith loeal
festivals. fairs, parades. or sfleeial e'leffis PUfSl:I8flt t€l lee 18.30.150(~)(a); Bfld (B)
electFeRie reaser beara sigJI:s or Rlessage beaFEls which are ealy aUa...:ed within lH"ban
cemmereial distriets. subjeat to the reEluirements €If this eede.
(ll) SigJI: size shall be reg\:llated as fullows:
(i) There is ne JllaxifHl:Im sign size for bHsiResses in the cemmeFGial BRd iAdustrial
distl;0tsiJl the Iriloclale aNd Port Haf:1leek UGA exeept as specified in tbis seatioR.
Ml:lltitenant de.ielepmetlts in urban cemmercial!lAd iNc:lUStrial c:listffl;ts may have eRe
freestandiRg sign. ti4 square feet iR size plus 15 sql:lare feet far eaeheecupBflt, for each
access poi'llt, commonly identifying the busmesses witRifl multiteRant d~./elepmeRts
provicled such signs tetal no more tn8fl 100 square feet in aggregate. The maximl:l:R'l siz.e
fer signs ]:lIMed ell a ml:lltiteR8nt lll:lilEling identifyiflg iRElividual eeCl:lflants shall be BO
larger than 15 sql:lare feet per occupant;
(ii) The square foetage ef sigHS shall be calcl:llated by the ol:ltside dimen.siens
necessary to fi'ame the iRfonnatioIl displayed. tIe sign. mauBted Oft a building shall extend
abo'ie or beyeftd the eaves, .rake, or par.apet ofthe wall €Iff which it is mauAtee. Any sign
projectiHg beroBd sb( iHches from. a perpendieular wall shall be at least six feet eight
inches above grade;
(iii) Directienal. ideRtitieatiofl or advertisiRg sigRs [.or any use located iR any I:lrbaR
residcRtial district shall flet eJ(eeed 32 square feet, with tee eJweptiOfl ofiostitl:lti0fl81l:lse
signs, vihieh shall not e~(eeed ~4 Sql:l8Fe feet;
(iv) FreestaFldiBg signs with reader boards filr 8 single business shall be Re larger than
128 square feet.
(c) Uses l€lcated io aA)' urbaR cemmeroial ar iHdustriallaAd l:ISe distriets shall haye 80
more t138fl t"/.'o eR premises sigAs, exceflt as allawed iR this seetien fer multitenant
developmeRts.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Corner General
Crossroads. Irondale Corner General Crossroads, and Rural Residential I : 5. Please refer Ie the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirementsfor development can befound in Chaptersl8.J5 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.
(d) SigHs attaeheEi to or painted agaiRst the stmctlt:Fe ta ',vhiell it relates shaO Bat be
cempllted as a part af the avemll teml squar~ featage. er Rtlftll3er ef signs allav/ad.
(e) :\11 signs shaH be eaRtiRtlatlsly maiR:taifled. SigHs that J'feseR:t a pul3lic hlmird as
detemlined 13)' the JefferseFl Cel:lRty buildiRg offieial er depaftffient afptlbJie waFks shall
l3e subjeet ta aeatemeBt.
(0 The aesign efmestatKling sigHs sllall ifIeltlde measW"es to restrict vehieles from
passiRg I3cneath them, l:Iflless etherwise permitted ay the 1eft"efSen Cal:Hlty depaflmeBt af
poolie warks. All tFeestaRding paJe sigas ar prejeetiRg sigas shall previde pedestrian
clearftFlee ta a Rl initmllB of eight feet, where applicaale.
(g) SigHS sheuld be illCaFp9fated iota the laftdscal"iBg afthe site wheR 18fl.dS08f1iBg is
provided. _
(8) Na sigHs, ether than these related to water ElepeedeBt wes, such as a mar.fta, ere
permitted ta raGe sea'llar.e, exeeptiRg signs relatiBg ta safety 69f1ElefftS, sueh as eable
erossiBg, eaBMlcti9fl dredgiRg, fuel area, etc.
(i) Na sign shalll3e placed iB the public right ef way ar iR the visieB eJearaBee
triaflgle afiRterseetians aRd 6lIm euts, 1lFIless ather.....ise .praved I3y the JeffefS9fI CauRty
aepaRfBeR:t af public warks.
(1) Speeialty Sigas. Sl"eeialty sigas may be established when eaBsisteBt with the
staHdarEls set fal1h aele'1\':
(8) Signs aAd baRRers preRlatiflg poolie festivals, eaflilRuBity ar spedal events, aRd
graRa opeftmgs nla)' be displayea tip to 30 days prier ta the eV8ut. and shall be FeRleved
BO later tbaR seveR days after the eve at. Tlte SI'OBseriag Elntity is resflausible for sigR
refllOyal. EveRt signs fllay be leeatea "off site."
(b) Signs which identify a recogRizea community ar l-.Iflilleerpo~ed place ar-e
permittee at eaeR eatraRce to the community. Said si;BS are HRlited fa a,Re per eRtraAee,
aRa Rlay F1et exeeed M square feet eT eight feet iB height. SigRs FtllatiRg ta clubs,
seeieties, ereel'S, fraternities aHe the like sAall be permittee as part afthe camfllunity
~
(e) Businesses Rlay er-eGt temperary eft site saRawielllJaare sigAs subject ta the
folle'll'ing eriteria:
(i) Na meFe thftFI hva saR€\'llieh l:>eard signs may be ereated per busiBess;
Oi) Sanewieh bear-cl signs $aU Bet ex.eeed feW" feet iR height lilr three feet iR width:
(iii) Salle'}l'iclt beard sigas shall be aisplayed dtlriRg busmess heuFS eRly;
(i\') SandwieR board signs shall Rot be fllaeed e8 siElev/allcs; aRd
(v) Sa8dwieR beard sigHS sball Rot be placed in flublie reaEl rights of Vlay lJBless
appreveEll3y the Jefferson Cau8ty department af Jlublic 'Narks.
(d) Off site sigas may eBly be aHe'l/ea .",hell they lR$et all afthe follawing staRaafds:
(i) Ari:l dir-eetieHal iB Rature; I
Oi) Leeated OR privlHe property aloBg a Rlajer or Rliflar arterial;
(iii) Leeated Be more than 600 feet from aR i8tersectieR:
(iv) }Ie larger tltaR ] 2 sEluare feet.
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effectfor the Hadlock Rural Village Center. Nesses' Corner General
Crossroads. lrondale Corner General Crossroads. and Rural Residentiall: 5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chapters 18. /5 Land Use Districts, /8.20 Performance
Standards, and /8.30 Development Standards in the Jefferson County Code.
(5) Non6oAf-orm ing Sigfls. Legally established signs inplaoo flner to the adoptioR of
these standards aRd f1et iR eenformanee with these standards shall be eeftsidereEllegal,
neR6aRrormmg signs, and may remain as provided below:
(8) NOR6onformiflg eft' premises sigHS shall be removed witliiH five years ef adafltieB
oftfiis oode. URtil theR, slleh sigHS mllst be eORtinuallymaiRtaiRe8, Bet releeated. aRd Rot
strl:leturaUy alter-ed. NOft60ftformiflg eft' preJI~ises sigHs may I:le FeJllaeed by eff site
dircetional sigHS as allowed in this seetion;
(ll) NeR60ftfermmg on flr-emises signs Rl8)' remaiR flro':itied they are eeBtiRuaJly
maintained, Rot relecated, and f10t stl1:leRirally altered;
(6) Bitlbear<is whielt ar-€! m fl]aee prier to the adeption of this eede may remaiH
previded they are 6oRtifll:laJly maintaifled, Ret releeated, and net stfueRirally altered.
[Ord. ]0 (}1 ~ 3, 2001]if~~~~.~e(er. to..!e(Rr~of} (C?U!?}: c;o.4.e.!!J)qJ~O t~~:f!P.PPCll.~.l~......_.-_.'--{ FonnIltted: Font: ltaHc
regulations.
18.18.110 Design standards.
Reserved. [Ord. 10-04 ~ 3].
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or
public water to a site, any approval for a commercial, industrial, mixed-use, multifamily,
high density residential, or single-family residential subdivision in the ULDR zone
(within the optional sewer service area) is required to include a site plan which:
(I) Complies with the applicable health regulations and other Jefferson County
development and building regulations (e.g., critical areas, stonnwater management, etc.);
(2) Provisions for the septic needs of the current proposal and shows how the
remainder of the site will accommodate and not preclude urban serviCes and densities;
and
(3) Provides for future sanitary sewer connection and other utilities. .
The site plan prepared under this section and reviewed and approved by the
administrator, shall address the following: buffers, landscaping, traffic access and parking
standards, current septic and future sanitary sewer provisions, height and scale in relation
to surrounding uses and future uses, vegetation removal, stonnwater, potable water, and
lot coverage.
Development of the site shall be consistent with the approved site plan. Minor
modification to the site plan may be allowed by the administrator; provided, that all other
regulations and conditions placed on the approval are met. [Ord. 10-04 ~ 3,2004].
Adopted by Board of County Commissioners
By ordinance #
Rural standards are currently in effect for the Hadlock Rural Village Center, Nesses' Comer General
Crossroads, Irondale Corner General Crossroads, and Rural Residential 1:5. Please refer to the
disclaimer at the beginning of this chapter. Allowed uses for rural zoning designations and
requirements for development can be found in Chaptersl8. 15 Land Use Districts, 18.20 Performance
Standards, and 18.30 Development Standards in the Jefferson County Code.