HomeMy WebLinkAboutWORKSHOP re ORDINANCE re Lots of Record JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Mark McCauley, County Administrator
FROM: Josh D. Peters, AICP, Planning Manager, Community Development
Bryan Benjamin, Assistant Planner, Community Development
DATE: September 19, 2022
RE: Proposal for Workshop on Legal Lot of Record Regulations
STATEMENT OF ISSUE:
The Department of Community Development(DCD)requests a workshop session with the
Board of County Commissioners (BoCC) on the proposed Legal Lot of Record (LLOR)
ordinance. The ordinance establishes standards by which DCD will determine the legal status
of lots and processes for legal status determination of lots that do not conform to zoning
standards. As a part of legal status determination, the ordinance proposes standards for site
development review as a part of assessing eligibility for development, and makes
corresponding changes to boundary line adjustment processes and select definitions of terms
within Title 18 (a.k.a., the Unified Development Code) of the Jefferson County Code (JCC).
The ordinance amends JCC Chapters 18.10 and 18.35; adopts a new JCC Chapter 18.; adopts a
new article VII in JCC Chapter 18.40; and miscellaneous other amendments to JCC Chapter
18.40.
ANALYSIS:
A workshop on the LLOR ordinance with the BoCC was identified as a desired public
participation opportunity by stakeholders and the Planning Commission during project
development and is anticipated in the Communication Plan written for this project. The
workshop will allow the BoCC an opportunity to engage with the most recent draft of the
ordinance, as well as the Planning Commission's recommendation for adoption. The Chair
and/or Vice Chair of the Planning Commission may attend the workshop to represent the
Planning Commission's recommendation on the LLOR proposal.
This workshop is an important opportunity for the BoCC and members of the public to receive
a preparatory overview of the proposed regulations ahead of the BoCC's public hearing on
September 26. The workshop will include a summary of project development, communicate
results from public participation, and review the purpose and function of the proposed
regulations. In addition to educational value,this workshop would allow the Board and
members of the public to ask questions and provide comment regarding the ordinance ahead of
the September 26 public hearing.
FISCAL IMPACT:
There is no expected fiscal impact resulting from the proposed workshop.
RECOMMENDATION:
DCD requests that the BoCC grant a workshop for Monday September 19, 2022 at 1:30 PM in
preparation for the September 26, 2022 public hearing on the Legal Lot of Record regulations.
REVIEWED BY:
Mark cC y, County Administrator Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Related to Determination of
the Legal Status of Lots, Standards for
Nonconforming Lots, Site Development
Review, Boundary Line Adjustments; ORDINANCE NO.
Amending Chapter 18.10 and 18.35 of the
Jefferson County Code; Adopting a New
Chapter 18.12 of the Jefferson County
Code; Adopting a New Article VII in
Chapter 18.40 JCC; and Miscellaneous
Other Amendments to Chapter 18.40 JCC
WHEREAS, RCW 58.17.210 prohibits the Countyfrom issuing a building permit septic permit, or
other development permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17
RCW, unless the landowner is an innocent purchaser for value; and
WHEREAS, RCW 58.17.300 states that any person or entity that leases, sells, or transfers any lot
that does not comply with Chapter 58.17 RCW and local regulation is guilty of a gross
misdemeanor; and
WHEREAS,Jefferson County has a large number of plats that were created prior to August 11,
1969, the date that Chapter 58.17 RCW went into effect; and
WHEREAS, the Jefferson County Comprehensive Plan recognizes the following at page 1-28:
Some areas zoned for residential uses have smaller lots platted prior to 1998 than would be
allowed with new plats. Residential uses may be permitted on existing lots of record as legal
lots. However, in terms of development, some of the smaller lot sizes could require
consolidation with other lots to meet current Health Department standards for wells or septic
areas, or to meet other regulations, such as critical areas; and
WHEREAS, the amendments adopted as part of this Ordinance will implement the intent of the
Comprehensive Plan; and
WHEREAS, the Jefferson Board of County Commissioners ("BoCC") recognizes the need to adopt
an administrative process to determine whether a lot was legally created to address potential
violations of RCW 58.17.300; and
WHEREAS, the BoCC wishes to balance the desire to protect the character and quality of
residential communities as envisioned by the Jefferson County Comprehensive Plan and current
zoning code with the desire to allow residential development on legally existing lots that were
created before the current zoning was in place; and
WHEREAS, JCC 18.05.020 requires that land be subdivided or developed in conformance with
the Comprehensive Plan and Title 18 JCC; and
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WHEREAS, old plats that were recorded prior to August 11, 1969 had few, if any, land use
controls or health and safety provisions applied; and
WHEREAS, in some cases, undeveloped land in old plats can be developed according to current
zoning and subdivision requirements; and
WHEREAS, in some cases, parcelization and development has already occurred in a manner that
makes it impossible for vacant land to be developed in compliance with current zoning
requirements, but other requirements, such as critical areas review, shoreline regulations, and other
modern land use and health regulations, must still apply; and
WHEREAS, in some circumstances substandard lots should be consolidated to allow for creation
of a lot that meets minimum public health standards and land use regulations; and
WHEREAS, in adopting this ordinance, the BoCC balances the need to protect the public health
and important environmental resources within the county as well as rural character with the need to
allow a property owner of reasonable economic use of their property; and
WHEREAS, public participation in the development of the legal lot of record ordinance has
indicated that many members of the community wish the county to include site development review
as a component of the legal lot of record determination process; and
WHEREAS, a site development review process will provide owners or developers of land an
assessment of site requirements for development of a parcel without applying for a development
permit; and
WHEREAS, the legal lot of record and site development review process will streamline
development review processes and coordinate permitting between the Departments of Community
Development, Public Health, and Public Works.
NOW THEREFORE, be it ordained by the BoCC as follows:
Section 1. Findings. The BoCC hereby adopt the above recitals (the "WHEREAS" statements) as
its findings of fact in support of this Ordinance.
Section 2. Amending JCC 18.10.040 and 18.10.120. Jefferson County Code Sections 18.10.040
(last amended by Ord. 4-19 § 1 (Exh. A)) and 18.10.120 (last amended by Ord. 5-20 § 3 (Appx. A)),
are amended to read as set out in Appendix A.
Section 3. Adding New Chapter 18.12 JCC. A new chapter 18.12 is added to the Jefferson County
Code to read as set out in Appendix B.
Section 4. Amending JCC 18.35.060 through JCC 18.35.080. Sections 18.35.060, 18.35.070, and
18.35.080 of the Jefferson County Code, last amended by Ordinance 14-18 § 4 (Exh. B), are
amended to read as set out in Appendix C.
Section 5. Adding New Article VII to Chapter 18.40 JCC. A new Article VII to Chapter 18.40
JCC is added to read as set out in Appendix D and amendments to JCC 18.40.040 and JCC
18.40.320.
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Section 6. Establishment Fees. Fees set forth in Chapter 18.12 JCC and to Article VII to Chapter
18.40 JCC shall be established. These fees shall be added to the Appendix Fee Schedule or to the
fee resolution, if adopted by the Board of County Commissioners.
Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. The Department of Community Development prepared an
environmental checklist detailing the proposed ordinance and its compliance with the State
Environmental Policy Act(SEPA). After a review of the environmental checklist, proposal,
available information, and applicable regulations Jefferson County's SEPA Responsible Official
issued a Determination of Non-Significance(DNS) on August 24, 2022 under WAC 197-11-340(2).
The DNS was posted to the statewide SEPA Register managed by the Washington Department of
Ecology.
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this day of , 2022.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour, Chair
Kate Dean, Member
ATTEST:
Greg Brotherton, Member
Carolyn Gallaway
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Section JCC 18.10.040 of the Jefferson County Code, last amended by Ord. 4-19 § 1 (Exh. A), is
amended to read:
JCC 18.10.040 D definitions.
"Day care, commercial" means a person or agency that provides care for 13 or more children during
part of the 24-hour day(RCW 74.15.020).
(1) "Home day care provider"means a state-licensed day care provider who regularly provides day
care for not more than 12 children in the provider's home in the family living quarters
(RCW 74.15.020).
(2) "Child day care center"means a person or agency providing care during part of the 24-hour day
to 12 or fewer children in a facility other than the family abode of the person or persons under
whose direct care the children are placed(RCW 35.63.170).
"Days, calendar"means so many days computed according to the course of the calendar. In
computing comment and appeal periods under this code, if the last day so computed is a Saturday,
Sunday or legal holiday, the comment or appeal period shall run to the next business day.
"DCD"means the Jefferson County department of community development.
"Dedicate"means to set aside a piece of real property, a structure, or a facility for public or private
use or ownership.
"Dedication"means a deliberate appropriation of land by its owners for any general and public
uses, reserving to the owner/dedicator no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
"Degrade"means to scale down in desirability or salability,to impair in respect to some physical
property or to reduce in structure or function, in terms of Jefferson County standards and
environment.
"Density"means the quantity per unit area, such as the number of dwelling units per acre.
"Design capacity" means the theoretical or calculated maximum ability of a system or device to
handle the duty for which it is to be used.
"Developable area"means the area of land which is not constrained from development by land use
restrictions.
"Development"means the construction, reconstruction, conversion, structural alteration, relocation,
or enlargement of any structure; any grading, excavation,mining, landfill; or any extension of the
use of land, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation,
forest practice activities that are being conducted as a part of a conversion from forestry to non-
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forestry use, storage of materials or equipment in a designated floodway, or other site disturbance,
which either requires a permit, approval or authorization from the county or is proposed by a public
agency.
"Development application"means an application for a development permit.
"Development envelope"means the portion of a lot which may be used for development. A
development envelope must include space for utilities, driveways, and any other improvements
necessary to complete development. As applied to a buildable lot for residential purposes,the
portion of a lot which may contain a dwelling(s) and accessory structures.
"Development permit"means any permit issued by Jefferson County allowing development the
construction, grading, filling or excavating. Approval of a short subdivision, long subdivision, or
Chapter 18.35 JCC. (See "Project permit.").
"Development regulation or regulations"means the controls placed on development or land use
activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances, subdivision ordinances,
and binding site plan ordinances,together with any amendments thereto. A development regulation
does not include a decision to approve a project permit or project permit application, as defined in
RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the
legislative body of the county (RCW 36.70A.030(7)). However, for the avoidance of doubt, a
development regulation does not include ordinances or regulations that address administrative
processes and procedures related to land use planning, interim or emergency ordinances,
moratorium ordinances, or remand actions from state administrative boards or courts of law.
"Development right" means the right to develop property subject to federal, state, and local
restrictions and regulations.
"Director"means, unless otherwise specified,the director of the county's department of community
development(DCD) or the director's designee.
"Discretionary use"means all unnamed and certain named uses in Table 3-1 in
JCC 18.15.040 which, subject to the administrative review and classification criteria set out in
Chapter 18.15 JCC, may be classified by the administrator as an allowed outright"Yes"use, a
conditional "C"use or a prohibited"No"use in the applicable district for which the use is proposed.
"District" means a part, zone, or geographic area within Jefferson County within which certain
development regulations apply.
"Disturbed area"means any place where activities clearly in preparation for, or during, surface
mining have physically disrupted, covered, compacted, moved, or otherwise altered the
characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity.
Disturbed areas may include but are not limited to: working faces, water bodies created by mine-
related excavation, pit floors, the land beneath processing plant and stock pile sites, spoil pile sites,
and equipment staging areas. Disturbed areas shall also include aboveground waste rock sites and
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tailing facilities, and other surface manifestations of underground mines. Disturbed areas do not
include surface mine access roads in mineral resource land designations unless these have
characteristics of topography, drainage, slope stability, or ownership that, in the opinion of the
department of natural resources, make reclamation necessary, lands that have been reclaimed to all
standards outlined in this chapter, rules of the department of natural resources, any applicable SEPA
document, and the approved reclamation plan, and subsurface aspects of underground mines, such
as portals, tunnels, shafts, pillars, and stopes.
"Division of land"means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership (see Chapter 18.35 JCC).
DOT. (See "WADOT" or"WSDOT.")
"Drainage"means surface water runoff; the removal of surface water or groundwater from land by
drains, grading, or other means, which include runoff controls to minimize erosion and
sedimentation during and after construction or development.
"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar
depression into which surface water flows.
"Dredging"means the removal of earth from the bottom of a stream, river, lake, bay, or other water
body.
"Drinking establishment(lounge)"means a business primarily engaged in the retail sale of
alcoholic beverages for consumption on the premises. A restaurant operated as part of a lounge is
considered to be accessory to the lounge.
"Drive-thru window service"means businesses where patrons may carry on business on the
premises while in a motor vehicle (see also "Mobile food unit").
"Driveway"means a strip of land which provides vehicular access to one or two lots.
Duplex. (See"Dwelling unit, two-family.")
"Dwelling unit"means one or more rooms or structures designed for occupancy by an individual or
family for living and sleeping purposes, containing kitchen facilities and rooms with internal
accessibility, for use solely by the dwelling's occupants.
"Dwelling unit, multiple-family"means one or more structures containing three or more dwelling
units.
"Dwelling unit,two-family" (duplex)means a single structure containing two dwelling units.
Section JCC 18.10.120 of the Jefferson County Code, last amended by Ord. 5-20 § 3 (Appx. A), is
amended to read:
JCC 18.10.120 L definitions.
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"Land disturbing activity"means any activity that results in movement of earth, or a change in the
existing soil cover(both vegetative and nonvegetative) and/or the existing soil topography. Land
disturbing activities include, but are not limited to, clearing, grading, filling, and excavation.
Compaction that is associated with stabilization of structures and road construction shall also be
considered a land disturbing activity. Vegetation maintenance practices are not considered land-
disturbing activity.
Land Division. (See"Division of land.")
"Land use decision"means a final determination by the county's hearing body or officer with the
highest level of authority to make the determination, including those with authority to hear appeals,
on:
(a)An application for a project permit or other governmental approval required by law before real
property may be improved, developed, modified, sold, transferred, or used, but excluding
applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of
public property; excluding applications for legislative approvals such as area-wide rezones and
annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific property of
zoning or other ordinances or rules regulating the improvement, development, modification,
maintenance, or use of real property; and
(c)The enforcement by the county of regulations governing the improvement, development,
modification, maintenance, or use of real property.
"Landslide hazard areas"has the same meaning as in WAC 365-190-030(10).
"Landward"means to or toward the land.
"Legal lot of record"means any lot that is determined to be a legal lot of record pursuant to chapter
18.12 JCC and is the same as "legal lot of record"referred to in WAC 246-272A-0320(5)(e)(i).
"Level of service (LOS)" means the number of units of capacity per unit of demand(e.g., trips,
population, school-age residents) or other appropriate measure of need sufficient to meet the
standards for adequate service set forth in the Comprehensive Plan. (See also "Adequate capacity
(adequate capital or public facilities)," "Available capital facilities (available capacity)," and
"Concurrency.")
"Light industrial"means a use involving: (1)basic processing and manufacturing of materials or
products predominantly from previously prepared materials; or(2) finished products or parts,
including processing, fabrication, assembly,treatment,packaging, incidental storage, sales, and
distribution of such products, but excluding basic processing of raw materials except food products.
"Livestock"means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas,
alpacas, ratites,poultry, waterfowl, game birds, and other species so designated by statute.
Livestock does not mean free-ranging wildlife as defined in Title 77 RCW.
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"Livestock management" includes breeding, birthing, feeding, care,processing and sales of animals
and animal products, birds, honey bees, fish and shellfish.
"Logging"means activities related to and conducted for purposes of harvesting or processing
timber.
"Long-term commercial significance"has the same meaning as in WAC 365-190-030(11).
"Lot"means a of land st.,blished b 1 bd
othe se e 'tted b 'law to bo o tel. edand-utilized contiguous quantity of land in
.. ..i..'i.�v Yv..•i. wu v j au v., ,
possession of, owned by or recorded as the property of a person or entity. A lot shall also include
any individually numbered or separately designated parcels of property in an
approved subdivision or development.
"Lot, buildable,"means a lot of sufficient size and location to:
( ) C� ...1. wit e frd s and is f th s a o it t t f tt1
cry cmcriC�ia=r2i�PinT6r-crrro-vviz�vrrcrrcrxv c�ccpero:r-vi-cx:C.
import -on sites tewater disposal (; o eptic) � t� bli
sewerage syste and suppe# ndividt � ter s stei (re.,well connect te-a
regulations of th Washington S to Depart„ + f 1~ 1
..b......,...�.,,.,� �,�., .u..iiiiig� �arc�a�urcmcnrvr�cvxvgy:
> >
-t�"u sucant to-Chapter 8.15 JCC. :i7:ti h the exception of the 12,5000 square-oot mini um
specific fact scenario.
of the density provisions contained in Chapter 18.30 JCC, nothing in this definition shall be
local, state or federal law, including, but not limited to: critical areas set forth in
Chapter 18.22 JCC;the use, setback, height and impervious surface limitations of
the C+ate Enyi«...�.�ental Pol;`'J`r'`(Suer� cC 0r airy-ot 3er applicable
ulµtiere thv f• f + +
:.,g... ��„ gv`v'eiirFcr�crr�iirv�-ran-nrv-rzrraacruccmz
means: (1) a lot that is a legal lot of record, as determined by the director pursuant to Chapter 18.12
JCC and applicable law, and(2)has site development review approval pursuant to JCC 18.40.440 et
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seq. A right to development of a lot can only be established once a development permit application
or building permit application vests pursuant to JCC 18.40.320.
"Lot, corner"means a lot situated at the intersection of two roads, by which the interior angle does
not exceed 135 degrees.
"Lot coverage"means the surface area of a lot or lots within a single development which is
occupied by buildings, excluding roof overhangs and covered porches not used for sales, storage, or
service.
"Lot, frontage" means the boundary of a lot that is along an existing or dedicated public road, or
where no public road exists, along a private road, easement or access way. On an interior lot, it is
the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line most parallel to
the nearest road from which access is obtained.
"Lot of record"means an-undeveleped-letr tract of f land sho ff, .,ll. o rded
purposes on the date of recording of the instrument first referencing the lot. The term"lot of record"
subdivision f�feperty; ordanee wits, Ch pter 5 Q 17 R CW C� ,Q 3 5 CC. a lot or
.,�t,.�t.,,, .� .......,.,.,�..�,.....,., ...... .. mot,.... .,.,.
parcel of land that was created by a metes and bounds description or through platting or other
means, and met all applicable zoning and subdivision requirements in effect at the time of lot
creation. A lot of record is not necessarily developable or buildable, but may be conveyed pursuant
to chapter 58.17 RCW.
"Lot, pipestem"means a lot not meeting minimum frontage requirements and where access to the
public road is by a narrow private right-of-way or driveway. The term is synonymous with"flag
lot."
"Lot, substandard"means a lot or parcel of land that has less than the required minimum area or
width as established by the land use district in which it is located.; and provided,that such l t
parcel was of record as a legally created lot on the effective date of the Jefferson County Unified
p
with unbuildable. (See"Lot, buildable.")
"Lot, through" means a lot that has both ends fronting on a road or street; both ends shall be deemed
front.
"Lumber mill,portable" means portable equipment to mill, split, or otherwise process forest
products.
"Lumber mill, stationary"means a permanently located facility or equipment used to process forest
products.
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APPENDIX B
Chapter 18.12
Legal Lot of Record Determination and Lot Consolidation
18.12.010. Purpose and applicability.
18.12.020. Effect of legal lot of record determination.
18.12.030. Process for determination of legal lot of record.
18.12.040. Application and submittal contents.
18.12.050. Legal lot of record determination - approval standards.
18.12.060. Lots or parcels of land that are not considered legal lots of record.
18.12.070. Development of lots of record that do not meet minimum lot size or
underlying density of the zoning district.
18.12.080. Reasonable economic use criteria.
18.12.090. Lots created by testamentary provision or the laws of descent.
18.12.100. Violation of subdivision code and innocent purchaser for value.
18.12.110. Application fee.
18.12.010. Purpose and applicability.
(1) This chapter addresses the processes and standards for determining whether a lot or
parcel is a legal lot of record, consistent with applicable state and local law. This chapter is
intended to comply with RCW 58.17.210.
(2) A lot is a lot of record if it meets the definition of JCC 18.10.040. A lot of record may be
conveyed without violating the provisions of Chapter 58.17 RCW. To be eligible for a
development permit, a lot of record must be determined to be a legal lot of record.
(3) This chapter provides for a legal lot of record determination process, which is an
administrative process for determination of whether a lot or parcel is eligible for
development. To determine whether the lot is a buildable lot,the applicant must also apply for
site development review approval pursuant to JCC 18.40.440 et seq.
(4) A legal lot of record determination is required prior to submittal of any development
application, including an application for an onsite septic permit pursuant to chapter 8.15
JCC.
18.12.020. Effect of legal lot of record determination.
(1) If the department determines a lot to be a legal lot of record under this chapter, a copy of the
director's determination will be recorded with the county auditor. Failure to record
determination of legal lot of record status may result in loss of approval status, and may require
additional review of the lot for legal lot of record status under this chapter.
(2) A determination by the director that a lot, tract, or parcel of land does not meet the
requirements for a legal lot of record, lot of record, or innocent purchaser for value exception
pursuant to JCC 18.12.100 shall also be recorded by the director for purposes of innocent
purchaser notification. The director shall collect sufficient fees as part of the application process
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for determination of legal lot of record to cover this expense.
(3) In certain cases, the director may require the applicant or owner to provide a professional
survey of the legal lot of record with a legal description, and to record the survey with the
county auditor. The director shall determine by administrative rule when it is necessary to
require a professional survey of the legal lot of record.
(4) Once issued and recorded, a determination of legal lot of record shall constitute a final
determination for the specified legal description. Any future development permit requests on the
same legal description may rely on the existing determination. Determinations issued
administratively by the county prior to the effective date of Chapter 18.12 JCC shall be entitled
to the same finality as a legal lot of record determination issued pursuant to this chapter.
(5) Issuance of a legal lot of record determination finding that a lot is eligible to be considered
for development permits under this chapter shall not constitute a determination that the lot of
record has met all other applicable requirements of the Jefferson County Code or any other
applicable local, state, or federal law. A legal lot of record determination does not create
vesting for any permit application; vesting of permit applications is governed by JCC
18.40.320. Nothing in this section shall be interpreted to replace or supersede any
requirements of any applicable public or private water purveyor.
(6) For a legal lot of record determination to include buildability, a site development review
is required pursuant to JCC 18.40.440 et seq.
18.12.030. Process for determination of legal lot of record.
(1) A legal lot of record determination is a Type I application. A property owner or their
representative may apply for a legal lot of record determination with submittal of an application
on a form developed by the department and applicable fees.
(2) A legal lot of record determination shall be required prior to submittal of any development
permit application, septic application, land use permit application, or land division permit
application, or prior to any other process to adjust property boundaries, including
condominimization.
(3) A legal lot of record determination shall not require a letter of completeness(JCC
18.40.110), a Notice of Development Application and public comment period (JCC 18.40.160 and
18.40.220), or a Notice of Decision (JCC chapter 18.40).
(4) The land owner bears the burden of proof to demonstrate that the lot or parcel of land is a
legal lot of record by a preponderance of the evidence, supported by appropriate written
documentation per JCC 18.12.040.
(5) A lot or parcel of land that has been previously recognized by the county as a legal lot
of record and recorded with the county auditor shall remain a legal lot of record unless changed
by the action of the owner.
18.12.040. Application submittal and contents.
(1) Information required. The application for a legal lot of record determination shall be
submitted on department forms, along with the required fees established under JCC 18.12.110.
The application shall include a written description of the proposed use of the property and all
materials required pursuant to JCC 18.40.100 (3).
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(2) The permit application must include sufficient documentation to evidence that a lot or parcel
is a legal lot of record. The administrator in their sole discretion may require one or more of the
following types of documentation for review:
a. Recorded plat or associated AFN.
b. Approved unrecorded subdivision.
c. Deed prior to August 11, 1969.
d. Prior recognition of legal lot status by the county.
e. Title report.
f. Deed history.
g. Tax history.
18.12.050. Legal lot of record determination - approval standards.
(1) To be considered a legal lot of record and eligible for a development permit,the applicant
must demonstrate all of the following standards apply:
(a) The lot was legally created, or is a lot owned by an innocent purchaser for value
who meets the requirements of JCC 18.12.070 and RCW 58.17.210; and
(b) The lot of record qualifies under one of the following:
(i) It, is equivalent in size to the density of the zoning district in which it
is located; or
(ii) The lot meets one or more of the provisions identified in JCC
18.12.070(4) or JCC 18.12.080.
(2) Lots restricted from development by prior county decision (i.e., plat notes, open space
designation, or other means) shall not be considered buildable regardless of lot size, unless the
restriction is removed through a codified process allowing removal of the restriction and the lot
meets all current requirements of county code.
(3) A lot of record may be legally conveyed without violating the provisions of RCW 58.17.210,
but may not be a legal lot of record.
(4) Any contiguous group of parcels of land in a plat created prior to August 11, 1969 that is
equivalent in size or larger to the density of the zone in which it is located, and in single
ownership as of the effective date of this ordinance, can only be developed as single-family
residences under current zoning and subdivision requirements.
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18.12.060. Lots,tracts, or parcels of land that are not considered legal lots of record.
(1) The following types of lots or parcels of land are not legal lots of record and will not be
considered eligible for development under this chapter:
(a) Vacated rights-of-way;
(b) Tidelands;
(c) Parcels designated solely for access purposes; and
(d) Parcels created for tax segregation purposes.
(2) A separate assessor's parcel number shall not be sufficient evidence that a lot meets
the definition of lot of record or legal lot of record.
(3) Any contiguous group of parcels of land in a plat created prior to August 11, 1969 that is
equivalent in size or larger to the density of the zone in which it is located, and in single
ownership as of the effective date of this ordinance, can only be developed as single-family
residences under current zoning and subdivision requirements.
18.12.070. Development of lots of record that do not meet the underlying density of the zoning
district.
(1) Lots of record that do not meet the underlying density of the zoning district in which they
are located (hereafter"substandard lots") shall only be considered for development permits if
they are not restricted from development by
prior county decision or action, are not the types of parcels listed in JCC 18.12.060(1)or(2), and
meet one or more of the exceptions described in this section.
(2) A landowner must aggregate adjacent lots to the extent possible to bring the lot to conforming
status. An owner of contiguous, substandard lots as of the effective date of this ordinance shall
aggregate (combine) lots to meet the requirements of this chapter; and aggregation of lots shall
meet the underlying density if possible and be recorded as a boundary line adjustment pursuant to
JCC 18.35.060 through 18.35.080. If the resulting aggregation of lots does not meet the zoning
minimum lot size or underlying density, the lot must meet an exception in JCC 18.12.070(3), or
the owner must apply for and receive a reasonable use exception pursuant to JCC 18.12.080 to be
considered eligible for development.
(2) .If., nd; ;d, al h uouvaa.r ots,
s sold .,d; en♦ 1 tho o nder lots) .b, :d1 a to
7
(3) If more than one of the exceptions in JCC 18.12.070(4) applies, the director shall approve the
exception that is the most consistent with the purposes of the land use district in which it is
located, as described in Chapter 18.15 JCC. The lot approved must be of the least nonconforming
size possible with respect to current zoning requirements to meet the requirements of this section.
If a landowner could aggregate lots to make a more conforming lot, the director shall require the
landowner to do so to satisfy the requirements of this section.
(4) A substandard lot may be considered a legal lot of record and eligible for a development
permit through meeting one of the following provisions:
(a) The lot of record was properly platted and approved by the county on or after
August 11, 1969; provided, that it complies with JCC 18.12.050(2);
14
(b) The configuration of the lot has been previously approved by the county through
an administrative procedure prior to the effective date of this chapter;
(c) The lot of record is part of an adopted "Limited Area of More Intensive Rural
Development (LAMIRD)"pursuant to the comprehensive plan, can satisfy the
requirements for siting an on- site sewage system and water supply, and the
density proposed allows for infill development at densities comparable to the
surrounding area;
(d) The lot of record or aggregation of lots is located in the Irondale and Port Hadlock
Urban Growth Area Overlay District, and can satisfy the requirements of the
Jefferson County Code for water(either on-site or connection to a public water
system) and for wastewater (either on-site or connection to a public sewer
system);
(e) The lot contains an existing dwelling unit for which the owner obtained a
permit for its construction and approval to occupy from the county;
(f) The lot was approved by the county for a residential septic, accessory
dwelling unit or primary residence, or any land use permit for the purpose of
siting a primary residence, and the approval has not expired;
(g) The lot of record was legally created prior to August 11, 1969, or if created after
August 11, 1969, was exempt from subdivision requirements at the time it was
created, and meets one of the following requirements:
(i) The lot of record is five acres or larger and is located in any rural land
use district; or
(ii) The lot of record is 10 acres or larger and is located in any resource
lands land use district;
(h) The lot of record is not within a flood hazard area or channel migration zone
expected to impact the property within 100 years, the department of health
has determined it can meet potable water and wastewater requirements, and
the director determines that development of the lot is necessary for
emergency purposes, and the benefits of recognizing the lot as a legal lot of
record outweigh the potential detriments;
(i) The lot of record is not within a flood hazard area or channel migration zone
expected to impact the property within 100 years and the director in their sole
discretion determines that development of the substandard lot:
A. consists of a nonresidential use that is consistent with the applicable
land use district,
B. would further one or more policies of the comprehensive plan, and
C. the department of health has determined it can meet potable water and
wastewater requirements.
15
(5) Any lot of record that is recognized as eligible for development under JCC 18.12.070 shall be
considered a legal lot of record.
18.12.080. Reasonable economic use of substandard lots—approval criteria.
(1) Reasonable economic use of a substandard lot. The director will consider a reasonable
economic use exception only if none of the provisions of JCC 18.12.070 apply to allow for
development on a substandard lot. A reasonable economic use exception for a single lot
determination is a Type II application pursuant to chapter 18.40 JCC. The director may grant the
exception if the applicant demonstrates that the application for a reasonable economic use exception
meets all of the following criteria:
(a) The health department has reviewed the substandard lot and determined that the
proposed means of sewage disposal and water supply on and to the lot, tract or
parcel is adequate and will likely not cause degradation to groundwater or surface
water quality;
(b) The director has determined that the lot, tract or parcel is served with an
adequately designed means of ingress and egress, and with adequate drainage
facilities, none of which interfere with or impair existing or planned public roads
and drainage facilities in the vicinity;
(c) The existence of the substandard lot is not the result of the property owner
segregating or dividing the property or otherwise creating the condition that
results in the need for a reasonable economic use exception;
(d) The property owner cannot consolidate an adjacent lot(s)pursuant to JCC
18.12.070(4);
(e) The lot,tract, or parcel is directly adjacent to existing lot,tract, or parcel with
existing residential development;
(f) The proposed activity on the lot will not adversely affect the public safety and
welfare of persons occupying the property, adjacent or nearby property owners, or
the general public;
(g) The proposed activity on the lot will not cause or increase flooding, degradation
of critical areas or species, degradation to natural resources such as shellfish beds,
or degradation of areas preserved for public enjoyment such as parks, beaches,
and other natural areas;
16
(h) The proposed activity on the lot will not adversely affect adjacent or nearby
property owners, or interfere with their enjoyment of their property;
(i) The activity proposed is the minimum necessary to allow for reasonable economic
use of the property, including agricultural, forestry, or recreational activities by
meeting the minimization standards of JCC 18.22.640, JCC 18.22.660, and JCC
18.22.740.; and
(j) The director determines that issuance of the permit will not adversely affect the
public interest, as required by RCW 58.17.210.
(2) Determination of reasonable economic use for all or part of a plat pre-August 11, 1969.
Certain plats may substantially meet the of Title 18 JCC and chapter 58.17 RCW. If a
substandard lot cannot be developed under the provisions of JCC 18.12.070(3) or JCC
18.12.080(1), a lot owner or representative may apply for an evaluation of the entire plat. The
reasonable economic use determination for all or part of a plat is a Type II C(d) application
pursuant to chapter 18.40 JCC. The director may determine that lots within all or part of a
plat can be recognized as legal lots of record if they meet the following requirements:
(a) The plat was legally created between June 9, 1937 and August 11, 1969;
(b) Further development of the plat would not substantively alter rural character based on
existing location and patterns of development within the plat;
(c) Recognition of lots within the plat would not impact forestry resources according to
the following provisions:
(i) Lots are not zoned for forestry use;
(ii) Lots that are vacant or not developed with residential uses and are more than
250 feet from any CF-80 parcel;
(iii) Lots that are vacant or not developed with residential uses and are more than
100 feet from any RF-40 parcel.
(d) Development of each lot within the plat can comply with chapter 18.22 JCC;
(e) Every lot proposed for development within the plat can satisfy the water availability
requirements of RCW 19.27.097 and any applicable water resource inventory area
(WRIA) administrative rule adopted by the Washington State Department of Ecology;
(f) Development of the plat will not harm environmental resources such as shorelines,
shellfish areas, and salmonid habitat,nor will it impact water quality or quantity; and
(g) The director receives a report from the director of public works that concludes that
further of the development of the plat will not create significant adverse
environmental impacts to the transportation system, after evaluating the following:
17
A. Levels of service of existing roadways and possible effects caused
by development of the plat;
B. Ingress and egress to the plat;
C. Road engineering;
D. Management of stormwater runoff from roads;
E. Whether the developed plat can meet current stormwater
regulations;
F. Any existing community stormwater drainage system; and,
G. Utility access and maintenance easements for county maintenance;
and
(h)The director receives a report from the director of environmental public health that
concludes that further of the development of the plat will not create significant adverse
environmental impacts to public health, after reviewing the following:
A. Water availability and potential impacts to water and other
environmental resources that may be affected by development of
the plat; and
B. Proposed methods for sewage disposal.
18.12.090 Lots created by testamentary provision or the laws of descent.
Lots created through testamentary provisions or the laws of descent shall be governed by the
following requirements:
(1) Lots that meet the current lot size or underlying density requirements of the zoning district in
which they are located shall be treated the same as a legally subdivided lot and shall be
considered a legal lot of record;
(2) Lots that do not meet the current lot size or underlying density requirements of the zoning
district in which they are located, but which did meet the requirements in effect at the time they
were created will be treated the same as substandard lots of record under JCC 18.12.070(1);
(3) Lots that do not meet the current minimum lot size or underlying density of the zoning
district in which they are located, and did not meet the standards in effect at the time they were
created shall be treated as lots of record for purposes of conveyance, but will not be considered
to be buildable lots that can receive development permits.
18.12.100 Violation of subdivision code and innocent purchaser for value.
18
(1) Knowingly transferring or selling a lot in violation of land division regulations is a gross
misdemeanor pursuant to RCW 58.17.300. Development of any lot, tract or parcel of land
divided in violation of state law or this title is prohibited. No building permit, on-site sewage
system permit or other development permit shall be issued for any lot,tract or parcel, divided
in violation of JCC Title 18 or chapter 58.17 RCW. The prohibition contained in this section
shall not apply to an innocent purchaser for value without actual notice.
(2) Innocent purchaser for value exception. The director may approve the creation of a lot,
parcel or tract that otherwise violates JCC Title 18 or Chapter 58.17 RCW under the
limitations contained in this section. Any lot that qualifies for an innocent purchaser for value
exception must still satisfy the requirements of JCC 18.12.050 to become a legal lot of record.
(a) To qualify for an innocent purchaser for value exception,the applicant
must demonstrate the following:
(i) The applicant purchased the lot,tract or parcel for value;and
(ii) The applicant did not have actual notice that the lot,tract or parcel
had been part of a larger lot, tract or parcel that was subdivided.
(b) All contiguous lots created in violation of chapter 58.17 RCW that are under
the same ownership at the time of application for innocent purchaser status
shall be recognized only as a single lot and shall be combined through a
boundary line adjustment.
(c) A determination under this section shall be a Type II decision. The applicant
for an innocent purchaser for value exception under this section bears the
burden of proof to demonstrate that the application meets the applicable
requirements by a preponderance of the evidence, supported by adequate
documentation.
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Draft of: September 13,2022
APPENDIX C
Amendments to the Boundary Line Adjustments Code
Section 18.35.060 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.060 Purpose,scope, and limitations.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines between platted or unplatted lots,tracts or
parcels, or both in order to:
(a)Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a
buildable lot or for any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c)Achieve increased setbacks from property lines or critical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act,
Chapter 58.09 RCW and Chapter 332-130 WAC.
(2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would:
(a)Result in the creation of an additional lot, tract, parcel, site within a binding site plan or
division as defined in Chapter 18.10 JCC;
(b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a
buildable lot as defined in Chapter 18.10 JCC;
(d c)An adjustment that crosses zoning district boundaries. Adjustments may be allowed
across different rural residential densities;
(e d) Be inconsistent with any restrictions or conditions of approval for a recorded short
plat or long plat; or circumvent the short subdivision or long subdivision procedures set
forth in this chapter;—er,
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Draft of: September 13,2022
(e) So µte a i access ell nit fow. 4ho a of the ert.
�_l v�Ya"...a � i u���.�.�viT
(3) Lot Consolidation. The consolidation of two or more lots,tracts or parcels for the purpose of
creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all
cases be considered a minor adjustment of boundary lines and shall not be subject to the short
subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a
survey or soil evaluation.
(4)Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be
considered a single site and no lot lines on the site may be altered by a boundary line adjustment
to separate lots to another property not included in the original site plan of the subject
development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the
adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered
minor adjustments and shall not require a soil evaluation,and-ina5,,-be-allewed-fegafdless-ef the
size-ofresultant« els
(6) Time Limitations. If more than two lots,tracts or parcels have been subject to a boundary line
adjustment process,those lots shall not be permitted to use the boundary line adjustment process
again for five years with the exception of lot consolidations, testamentary divisions, civil cases,
court orders, rectifying legal defects, or the adjustment of one line between two or more property
owners for the purpose of settling a dispute.
Section 18.35.070 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the
following:
(1)Applications for boundary line adjustments shall be made on forms provided by the Jefferson
County department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson County
fee ordinance.
(a)A single application may be submitted for multiple BLAs for adjacent parcels, lots,
tracts or sites within a binding site plan. However, standard application fee(s) shall apply to
each BLA after the first two per additional parcel, lot, tract or site.
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the
number of resulting parcels or lots;
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Draft of: September 13,2022
(2) A completed land use permit application form, including all materials required pursuant to
Chapter 18.40 JCC;
(3) Three copies of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken
lines;
(c) The location and dimensions of all structures/improvements existing upon the affected
lots, tracts or parcels and the distance between each such structure/improvement and the
proposed boundary lines, with structures proposed to be removed from the site depicted
with broken lines and structures to remain on the site depicted with solid lines;
(d) A north arrow indication and scale;
(e)All assessor's tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
(g) The location and dimensions of any easements within or adjacent to any affected lots,
tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or platted
streets or roads, whether public or private, and other public ways within or adjacent to the
affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
(j) The existing on-site sewage system components and reserve areas and the proposed
location for on-site sewage systems and soil test pits for all affected lots that are not
currently served by an on-site sewage system or other approved wastewater treatment
system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(1)The approximate location and extent of any critical areas identified in
Chapter 18.22 JCC. The following notice will be recorded on the drawing when the parcels
that are part of the boundary line adjustment include, or are adjacent to, critical areas:
Notice to Public: Current Jefferson County geographic information systems (GIS)
maps identify the presence of a critical area such as stream, wetland, flood, landslide
hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying
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Draft of: September 13,2022
within and/or adjacent to the revised parcels encompassed by this Boundary Line
Adjustment. Prior to any land disturbing activity or construction activity,
applicant/owner shall contact the Jefferson County department of community
development regarding compliance for such critical areas. Approval of this Boundary
Line Adjustment does not guarantee a buildable site within said parcel(s). Such
determination is dependent on approvals of water, septic, bulk and dimensional
setbacks, and critical area requirements.
(4) The original legal description of the entire property together with new separate legal
descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel
B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face
a formal legal declaration of the boundary line adjustment, signed and notarized by all legal
owners of the subject properties. In cases where the property has not been surveyed,the
following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request
for a Boundary Line Adjustment(BLA) has been approved. Since no survey was
submitted as part of your BLA application,the County accepts no liability for what
facts a survey might have revealed. A survey might have revealed that a structure or
improvement believed to be on the applicant's property is, in fact, located wholly or
partially upon someone else's property or upon property that is not the subject of this
BLA. But in the absence of a survey,the applicant bears sole responsibility if such a
problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned
rural residential development(PRRD) agreements pertaining to or affecting the property; and
(6) If an individual septic system is proposed(i.e., as opposed to connection to either a
community drainfield or municipal sewer system), the applicant shall provide written verification
from the Jefferson County department of environmental health that the lots, tracts,parcels or
sites, as each would exist after the boundary line adjustment, are adequate to accommodate an
on-site sewage disposal system. The location of soil logs must be shown on the drawing to show
land area sufficient to meet environmental health requirements for each resultant lot, tract, or
parcel that does not contain a dwelling. In cases where the requirement to provide written
verification that the resultant lots can accommodate on-site sewage system from the Jefferson
County department of environmental health has been waived, the following notice shall be
recorded on the drawing:
Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a
buildable site within said parcel(s). Such determination is dependent on approvals of
water, septic, bulk and dimensional setbacks, and ESA requirements.
This requirement shall be waived for resultant parcels that:
(a) Are larger than 2.5 acres; Have existing residential structures; or
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Draft of: September 13,2022
(e-b) Have limited the use of the resultant parcel to agriculture, forestry, or open space
through conservation easements, restrictive covenant, or similar legal arrangement. The
open space tax program shall not be used to fulfill this requirement;
(7) The application shall be accompanied by a current(i.e.,within 30 days)title company
certification of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deeds or trust or mortgages) or any other encumbrances affecting the title
of said parcels. Such individuals or corporations shall sign and approve the final survey
prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d)Any easements or restrictions affecting the properties to be adjusted with a description
of purpose and referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.)policy may be required by the director of the
department of public works.
Section 18.35.080 of the Jefferson County Code, last amended by Ord. 14-18 § 4 (Exh. B), is
amended to read:
18.35.080 Review process and criteria.
(1)Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson
County assessor.
(2) Based on any comments solicited and received from the department of public works,the
department of environmental health or other applicable departments and agencies,the
administrator shall approve the proposed boundary line adjustment only upon finding that the
adjustment would not:
(a) Create any additional lot,tract,parcel, site within a binding site plan or division or
relocate any lot, tract, parcel, or site within a binding site plan or division to another parent
parcel;
(b) Result in the creation of a lot which is not a buildable lot, unless such lot is restricted by
recorded instrument acknowledging the lot is for the purpose of conservation, open space,
or other similar purpose;
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Draft of: September 13,2022
(b c) Result in a lot, tract,parcel, site within a binding site plan or division that contains
iner-eased4ensibier results in insufficient area or dimension to meet water availability and
25
Draft of: September 13,2022
the minimum requirements for area and dimension as set forth in chapter 8.15 JCC and
state and local health codes and regulations;
(e d) Diminish or impair drainage, water supply, existing sewage disposal, and access or
easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel,
site (i.e., within an approved binding site plan), or division;
(d e) Diminish or impair any public or private utility easement or deprive any parcel of
access or utilities;
(e f) Diminish or impair the functions and values of critical areas designated under
Chapter 18.22 JCC, or create an unsafe or hazardous environmental condition;
(f g) Create unreasonably restrictive or hazardous access to the property;
(gh) Create a nonconforming lot,tract, or parcel or increase the nonconforming aspects of
an existing lot, tract or parcel relative to Chapter 18.15 JCC;
(14 i) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the
conditions of approval for any short or long subdivision; or
(I j) Create a lot,tract, or parcel that crosses zoning district boundaries, with the exception
an adjustment across rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be prepared
by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC.
The document shall contain a land surveyor's certificate and a recording certificate. The final
page of the record of survey document shall contain the following signature blocks:
(a) The Jefferson County assessor's office, to be signed by the Jefferson County assessor or
his/her designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and
referenced by auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A
BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES
NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A
DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE
INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE
PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT
IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN
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Draft of: September 13,2022
INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING
SITE.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before
approval of any boundary line adjustment.
(6) Applications for boundary line adjustments shall be processed according to the procedures
for Type I land use decisions established in Chapter 18.40 JCC.
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Draft of: September 13,2022
APPENDIX D
A new Article VII shall be added to chapter 18.40 JCC to read:
Article VII. Site Development Review Process
18.40.440 Purpose.
18.40.450 Applicability.
18.40.460 Application requirements.
18.40.470 Application review.
18.40.480 Approval criteria.
18.40.490 Limitations on approval.
18.40.500 Modifications to an approved site plan.
18.40.440 Purpose.
The purpose of this article is to provide owners or developers of land a means to obtain an
assessment of site requirements for development of a parcel without applying for a development
permit. It is intended to work in conjunction with the legal lot of record determination
process pursuant to chapter 18.12 JCC. Site development review is an assessment of the
physical aspects and constraints of the site for the purpose of development. While it will not
vest a property to development regulations, it provides for a professional analysis of the site
according to current development regulations. Vesting for development purposes may only
occur in the manner outlined in JCC 18.40.320. Site development review is intended to reduce
the cost of development and aid in the facilitation of predevelopment financing for applicants.
18.40.450 Applicability.
(1) Any land or owner or their representative who wishes to make application for development
may use the site plan review process to determine whether their site is buildable. No
development application may vest until the site plan review is completed.
(2) Properties that meet base density per JCC 18.12.050(1)(b)(i) or the provisions of JCC
18.12.070(4) shall be required to submit a site development review permit application prior to
submittal of any development permit application in accordance with JCC 18.12.070(5). The site
development review process will evaluate the potential siting for development consistent all
applicable requirements of the UDC.
18.40.460 Application requirements.
(1) Each application for site development review shall include:
(a) A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the
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Draft of: September 13,2022
application with the written consent of all owners of the affected property, and proof
of ownership of the property;
(b) Identification of a single contact person or entity to receive determinations and
notices required by this code;
(c) A legal description of the site, including the Jefferson County assessor's parcel
number;
(d) The Legal Lot of Record determination issued per Chapter 18.12 JCC.
(e) Payment of the applicable fee as set forth in the Jefferson County fee ordinance;
(f) A written description of the specific proposed use of the property for which the
application is being submitted.
(2) Any commercial, industrial, small-scale recreational and tourist use, or multifamily
residential use listed as a"Yes"use in Table 3-1 in JCC 18.15.040, or classified as such by the
administrator, that seeks site development review under this article may require additional
information subject to the specific submittal requirements of JCC 18.40.100(1-4), where
determined by the administrator to be necessary for the site development review application.
(3) For the purposes of meeting the requirements of this article, the application requirements of
JCC 18.40.100(1)(g) shall be interpreted to require the submittal of a water availability statement
and of soil logs and other applicable information pursuant to Chapter 246-272A WAC and the
Jefferson County Code necessary to determine compliance with the Jefferson County health
department regulations regarding on-site septic disposal.
(4) The administrator may waive specific submittal requirements determined to be unnecessary
for review of a site plan approval advance determination application.
18.40.470 Application review.
Review of applications for site development review shall be as follows:
(1) Review Procedures. When the administrator determines that an application is technically
complete, as defined in JCC 18.40.110, the application shall be processed as a Type I permit
under procedures specified in Article IV of this chapter.
(2) Referral and Review of Application. The administrator shall transmit a copy of the
application, or appropriate parts of the application, to affected agencies and county departments
for review and comment.
18.40.480 Approval criteria.
(1) Site development review permits shall be approved upon showing that all of the following
have been satisfied:
(a) The proposed development conforms to all applicable county, state and federal, land
use, environmental and health regulations and plans, including, but not limited to the
following:
(i) The Jefferson County Comprehensive Plan; and
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(ii) The provisions of the Unified Development Code, including any incorporated
standards.
(2) Adequate provisions for utilities and other public services necessary to serve the needs of the
proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and
other public ways, potable water, sewage disposal, fire flow and other improvements;
(3) The site contains one or more development envelopes large enough to accommodate the use
proposed;
(4) The probable significant adverse environmental impacts of the proposed development,
together with any practical means of mitigating adverse impacts, have been considered such that
the proposal will not have an unacceptable adverse effect upon the quality of the environment, in
accordance with the State Environmental Policy Act (SEPA) implementing provisions contained
within this chapter and Chapter 43.21 C RCW;
(5) The proposed development will serve the public use and interest and adequate provision has
been made for the public health, safety and general welfare.
18.40.490 Limitations on approval.
(1) An approved site development review shall not constitute vesting of development regulations
or specific site features or improvements (e.g., wells, septic systems, stormwater drainage
facilities, etc.). Any site with an approved site development review shall not be immune from
changes in county, state, or federal laws which are enacted or have an effective date after the
date of approval affecting the performance and implementation of the associated use or
development.
(2) Any land division or boundary line adjustment of a parcel or lot which has received site
development review approval under this article shall void such approval and require a new site
development review permit application.
(3) Approval under this section does not constitute authority to commence any development or
building activity until such time as final authorizing permits are issued. Approval of a site
development review permit application does not vest the proposed use or development. The
approval certifies the suitability of a site for the proposed use or development at the time of
application processing only.
18.40.500 Modifications to an approved site plan.
(1) Minor modifications to a previously approved site development review under this
article may be requested by the applicant and approved by the administrator subject to the
provisions for Type I decisions; provided, that the modification does not involve any of the
following:
(a) A change of proposed land use to one other than that approved for the original
site plan;
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(b) The location or relocation of a road or street (excluding driveways, internal parking
or accessways);
(c) An adjustment that crosses land use district boundaries where the administrator
reasonably believes that the adjustment is intended to serve as a rationale for a
future site- specific land use district redesignation application;
(d) The creation of an additional lot, tract or parcel;
(e) Would create a site plan for a parcel that does not qualify as a building site
pursuant to this code;
(f) Would make the site plan inconsistent with any restrictions or conditions of approval
for a recorded short plant, long plat, boundary line adjustment, plat amendment or binding
site plan.
(2) Before approving such an amendment, the administrator shall make written
findings and conclusions documenting the following conditions:
(a) The modification will not be inconsistent with the previously approved site
development review; and
(b) The modification will not cause the site development review to violate any
applicable county policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this
section, or exceed the criteria set forth in subsection (2)of this section, shall be processed
as a new site development review application.
OTHER CHANGES TO CHAPTER 18.40 JCC
JCC 18.40.040, last amended by Ordinance 05-0613-22 on June 13, 2022, is
amended to read:
I 18.40.040 Project permit application framework.
Type I' Type II Type III Type IV Type V
Septic permits Classification of unnamed Reasonable economic Final plats under Special use permits,
and discretionary uses use variances under Chapter 18.35 JCC such as for siting
under Article II of JCC 18.22.250 essential public
Chapter 18.15 JCC facilities under
JCC 18.15.110
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Table 8-1. Permits—Decisions
Type I' Type II Type Ill Type IV Type V
Allowed uses not Release of six-year FPA PRRDs under Article VI- Final PRRDs under Jefferson County
requiring notice of moratorium for an M of Chapter 18.15 JCC Article VI-M of Comprehensive Plan
application(e.g., "Yes" individual single-family and major amendments Chapter 18.15 JCC amendments under
uses listed in Table 3-1 residence under to PRRDs under Chapter 18 45 JCC
in JCC 18.15.040, JCC 18.20.160 JCC 18.15545(3)
building permits,etc.)
Minor amendments to Cottage industries under Shoreline substantial Amendments to
planned rural residential JCC 18.20.170 development permits, development
developments(PRRDs) Temporary housing conditional use permits, regulations
under JCC 18.15.545 facilities under and variance permits
JCC 18.20.385 under the Jefferson
County shoreline master
program(SMP)
Home businesses Short subdivisions under Plat alterations and Amendments to the
approved under Article Ill of vacations under Jefferson County
JCC 18 20 200 Chapter 18.35 JCC JCC 18.35.030(3) SMP
Temporary outdoor use Binding site plans under Long subdivisions under Subarea and utility
permits under Article V of Article IV of plans and
JCC 18.20.380 Chapter 18.35 JCC Chapter 18.35 JCC amendments thereto
Stormwater Administrative conditional Discretionary conditional Development
management permits use permits under use permits under agreements and
under JCC 18.30.070 JCC 18.40.520(1)and JCC 18.40.520(2)[i.e., amendments thereto
listed in Table 3-1 in listed in Table 3-1 in under Article XI of
JCC 18.15.040 as"C(a)" JCC 18.15.040 as this chapter
"C(d)"]where required
by administrator
Road access permits Discretionary conditional Conditional use permits Master plans for
under JCC 18.30.080 use permits under under JCC 18.40.520(3) master planned
JCC 18.40.520(2)listed in [i.e., uses listed in Table resorts
Table 3-1 in 3-1 in JCC 18.15.040 as
JCC 18.15.040 as"C(d)" "C"]
unless Type III process
required by administrator
Sign permits under Minor variances under Major variances under Amendments to the
JCC 18.30.150 JCC 18.40.640(2) JCC 18.40.640(3) Unified Development
Code
Boundary line Administrative conditional Wireless
adjustments under use permits, under telecommunications
Article II of Jefferson County SMP, permits under
Chapter 18.35 JCC JCC 18.25.620(3)listed in JCC 18.20.130 and
JCC 18.25.220, Chapter 18.42 JCC
Table 18.25.220 as"C(a)"
Discretionary conditional
use permits under
Jefferson County SMP,
JCC 18.25.620(4)listed in
JCC 18.25.220,
Table 18.25.220 as
"C(d),"unless Type III
process required by
administrator
Minor adjustments to Wireless Major industrial
approved preliminary telecommunications development conditional
short plats under permits under use approval under
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Table 8-1 Permits-Decisions
Type I' Type II Type III Type IV Type V
JCC 18 35.150 JCC 18.20.130 and Article VIII of
Chapter 18.42 JCC Chapter 18.15 JCC
Minor amendments to Small-scale recreation Forest practices release
approved preliminary and tourist(SRT)uses in of a moratorium under
long plats under SRT overlay district under Chapter 18.20 JCC
JCC 18.35.340 JCC 18.15.572.
Site plan approval Plat alterations under
advance determinationG JCC 18.35.670.
development review
under Article VII of this
chapter and boundary
line agreements under
Article VIII of
Chapter 18.35 JCC
Exemptions under the
Jefferson County SMP
Revisions to permits
issued under the
Jefferson County SMP
Legal lot of record Reasonable economic
determinations pursuant use exception pursuant to
to chapter 18.12 JCC JCC 18.12.080
Innocent purchasers for
value determinations
pursuant to JCC
18.12.100
'If not categorically exempt pursuant to SEPA,Type I projects shall be subject to the notice requirements of
JCC 18.40.150 through 18 40.220 and Article X of this chapter(the SEPA integration section).
Table 8-2. Action Types-Process
Project Permit Application Procedures(Types I-IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation Project Project planner Project planner N/A Planning commission'
made by: planner
Final decision Administrator Administrator Hearing examiner Board of county Board of county
made by: commissioners commissioners
Notice of No Yes Yes No N/A
application:
Open record No Only if administrator's Yes, before No Yes, before planning
public hearing: decision is appealed, hearing examiner, commission to make
open record hearing prior to permit recommendation to board
before hearing decision by the of county commissioners'
examiner hearing examiner
Closed record No No No N/A Yes, or board of county
appeal/final commissioners could hold
decision: its own hearing
Judicial appeal: Yes Yes Yes Yes Yes2
'Type V land use actions are subject to review and recommendation by the planning commission, except
for utility plans, ordinances or regulations that address procedural issues related to land use planning,
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Tahle 8-2 A:,tian Types—Prc
Project Permit Application Procedures(Types I—IV) Legislative
Type I Type II Type III Type IV Type V
interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative
boards or courts of law.
'Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings
Board (WWGMHB)is authorized to hear and determine petitions alleging that the county is not in
compliance with the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the
adoption of the Shoreline Master Program, or Chapter 43.21 C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial
review may also be obtained pursuant to RCW 36.70A.295.
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice
requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter(the SEPA
integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA,
then, administrative with notice.
Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and
final decision by hearing examiner.
Type Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner.Appeal to
III: superior court.
Type Closed record decision by board of commissioners during a regular public meeting.Type IV decisions are purely
IV: ministerial in nature(see Article IV of Chapter 18 35 JCC).
Type V: Notice and public hearing before planning commission,with planning commission recommendation to board of
county commissioners,except for utility plans, ordinances or regulations that address procedural issues related to
land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law. Notice and public hearing before board of county commissioners with final
legislative action by the board of county commissioners(see Chapter 18.45 JCC).
JCC 18.40.320, last amended by Ordinance 12-1028-19 on October 28, 2019, is
amended to read:
18.40.320 Vesting of applications.
(1) Purpose. The purpose of this section is to provide for vesting of land use applications and
permits under this title, consistent with state law. A complete application, under JCC 18.40.110,
is vested pursuant to this section to the regulations applicable to the application until the permit
is issued or the application is abandoned, expired, withdrawn, or denied.
(2) Applicability.
(a) This section applies to complete land use applications under this title, complete
applications for building permits (RCW 19.27.095(1)), complete applications for the
proposed division of land (RCW 58.17.033(1)), complete applications for development
agreements (RCW 36.70B.180), and any other complete applications for a project type
determined to be subject to the vested rights doctrine by the Washington legislature or in a
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Draft of: September 13,2022
published decision after 1987 by a Washington Court of Appeals or the Washington
Supreme Court.
(b) This section does not vest applications to development regulations required by federal
or state law that are subject to final approval by a federal or state agency, including but not
limited to applications for permits under the Shoreline Master Program,
Chapter 18.25 JCC, or Flood Damage Prevention, Chapter 15.15 JCC.
(c) This section does not apply to issued permits or approvals.
(d) This section does not apply to legal lot of record determinations pursuant to chapter
18.12 JCC or to site plan review pursuant to Article VII of this chapter(JCC 18.40.410 et
seq.)
(3) Vesting of Applications.
(a) A complete application under JCC 18.40.110 shall vest consistent with applicability of
this section and state law.
(b)A complete application subject to vesting pursuant to this section shall be subject to all
development regulations in effect on the vesting date.
(c) A complete application is vested for the specific use, density, and physical development
that is identified in the application submittal, consistent with state law.
(d) The applicant is responsible for monitoring the time limitations and review deadlines
for the application. The county shall not be responsible for maintaining a valid application.
If the application expires, a new application may be filed with the department, but shall be
subject to the development regulations in effect on the date of the new application is
complete.
(e) Substantial revisions to applications which increase the specific uses, density, or
physical development are subject to vesting at the time of the major or substantial revision.
Substantial revisions shall be considered a new application consistent with
JCC 18.40.110(7).
(4) Waiver of Vesting. An applicant may voluntarily waive vested rights at any time during the
processing of an application by delivering a written and signed waiver to the administrator
stating that the applicant agrees to comply with all development regulations in effect on the date
of delivery of the waiver and any subsequent modifications to development regulations until
permit issuance or approval.
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