HomeMy WebLinkAbout08 0710 06 Attachment - Chapter 18 10 Definitions
Chapter 18.10
DEFINITIONS
Sections:
18.10.001 Scope.
18.10.005 Interpretations.
18.10.010 A definitions.
18.10.020 B definitions.
18.10.030 C definitions.
18.10.040 D definitions.
18.10.050 E definitions.
18.10.060 F definitions.
18.10.070 G definitions.
18.10.080 H definitions.
18.10.090 I definitions.
18.10.100 J definitions.
18.10.110 K definitions.
18.10.120 L definitions.
18.10.130 M definitions.
18.10.140 N definitions.
18.10.150 O definitions.
18.10.160 P definitions.
18.10.170 Q definitions.
18.10.180 R definitions.
18.10.190 S definitions.
18.10.200 T definitions.
18.10.210 U definitions.
18.10.220 V definitions.
18.10.230 W definitions.
18.10.240 X definitions.
18.10.250 Y definitions.
18.10.260 Z definitions.
18.10.001 Scope.
This chapter contains definitions of technical and procedural terms used
throughout this code. [Ord. 11-00 § 2.1]
18.10.005 Interpretations.
(1) For the purpose of this code, all words shall have their normal and customary
meanings, unless specifically defined otherwise in this chapter. In general, words used in
the present tense shall include the future; the singular shall include the plural; and the
plural the singular. The words “shall,” “must,” “will,” “may not,” and “no... may” are
always mandatory. The word “should” indicates that which is recommended but not
required. The word “may” indicates a use of discretion in making a decision. The word
“used” includes “designed, intended, or arranged” to be used. The masculine gender
includes the feminine and vice versa. References to “distance” means distance as
measured horizontally unless otherwise specified.
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(2) All definitions which reference the Revised Code of Washington (RCW),
Washington Administrative Code (WAC), and Uniform International Building Code
(UBCICODE) are intended to mirror the definitions in these codes at the effective date of
the ordinance codified in the Unified Development Code (this code) or as amended. If the
definition in this code conflicts with a definition under state law or regulation, the state
definition shall control over this definition.
(3) These definitions are not intended to establish regulations. [Ord. 11-00 § 2.2]
18.10.010 A definitions.
“Abutting” means adjoining with a common boundary line or any portion thereof.
“Abandon” means to terminate the use of a structure by an affirmative act, such as
changing to a new use; or to cease, terminate, or vacate a use or structure through
nonaction. Except for ongoing agricultural activities, there shall be a presumption that a
use has been abandoned if it is not undertaken, utilized, implemented or performed for a
period of two years.
“Accessory dwelling unit” means an additional dwelling unit either in or added to
an existing single-family detached dwelling, or in a separate accessory structure on the
same lot as the main dwellingstructure, for use as a complete, independent living facility
with provisions within the accessory dwelling unit for cooking, eating, sanitation and
sleeping. Such a dwelling shall be considered an accessory use to the main dwelling and
be clearly subordinate to the main dwelling.
“Accessory use” means use of land or of a building or portion thereof incidental
and subordinate to the principal use or building and located on the same lot with the
principal use.
“Accessory uses (to agriculture)” mean uses accessory to agriculture that support,
promote, or sustain agricultural operations and production, as provided in JCC 18.20.030.
“Accumulative short subdivision” means multiple short subdivision of contiguous
land under common ownership. “Ownership,” for purposes of Chapter 18.35 JCC, means
ownership as established at the date of the initial short subdivision approval. Ownership
by persons related by blood or marriage where an interfamily land conveyance has
occurred within two years of making application for short subdivision approval shall be
construed to be common ownership.
“Acre” means a unit of measure of land area which consists of 43,560 square feet.
“Adequate” means acceptable but not excessive.
“Adequate capacity (adequate capital or public facilities)” means capital facilities
and services that have the capacity available to serve development at the time of
occupancy or use without decreasing levels of service (LOS) below the standards set
forth in the Comprehensive Plan. “Adequate capacity” also includes a financial
commitment that is in place to complete the improvements, or noncapital strategies,
necessary to provide a specific level of service within six years. (See also “available
capacity,” “concurrency,” “levels of service.”)
“Adjacent” means (in addition to abutting) that which is near or close; for
example, an industrial district across the road or highway from a commercial district shall
be considered as “adjacent.”
“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state
(outside of shoreline jurisdiction). See RCW 90.58.340.
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“Administrator” means the Jefferson County department of community
development director or a designated representative.
“Adverse” means contrary to one’s interest or welfare; harmful or unfavorable
circumstances.
“Adverse impacts” means a condition that creates, imposes, aggravates, or leads
to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for
development or on off-site property or facilities or on wildlife or wildlife habitat.
“Affordable housing” means those housing units available for purchase or rent to
individuals or families with a gross income between the federally recognized poverty
level and the median income for working families in Jefferson County; and whose costs,
including utilities, would not exceed 36 percent of gross income
“Aggrieved party” means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code,
federal or state law or regulation to consider in making a land use decision; and
(c) A decision on appeal in favor of the person would substantially eliminate or
redress the prejudice alleged to be caused by the land use decision.
“Agriculture” means the science, art, and business of producing crops, or raising
livestock; farming.
“Agricultural activities” means land preparation for agricultural purposes, such as
clearing, grading, contouring, ditching, fencing, plowing, tilling, planting, cultivating,
fertilizing, weed pest and disease control, spraying, pruning, trimming, harvesting,
processing, packing, sales, and construction of farm and stock ponds, irrigation ditches
and systems; livestock management, such as breeding, birthing, feeding and care of
animals, birds, honey bees, and fish; the repair, maintenance and incidental construction
of equipment, structures, or machinery used to perform agricultural or husbandry
operations; and the storage of agricultural products and machinery.
“Agricultural best management practices (BMPs)” mean schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to
prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife
habitat areas.
“Agricultural land of local importance” means land in addition to designated
prime agricultural land that is of local importance for the production of food, fiber, forage
or oilseed crops. Generally, additional farmlands of local importance include those that
are nearly prime farmland and that economically produce high yields of crops when
treated or managed according to acceptable farming methods. Such farmlands may
include areas of commercial aquaculture.
“Agricultural product or commodity” means any plant or part of a plant, or
animal, or animal product, produced by a person (including farmers, ranchers,
vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists,
orchadists, foresters, or other comparable persons) primarily for sale, consumption,
propagation, or other use by people or animals.
“Agricultural resource lands (agricultural lands)” means lands that are primarily
devoted to the commercial production of horticultural, viticultural, floricultural, dairy,
apiary, vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
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84.33.140, finfish in upland hatcheries, or livestock, and that have long-term commercial
significance for agricultural production (RCW 36.70A.030(2)). Agricultural resource
lands are divided into two land use designations, prime (AP-20) and local (AL-20), in the
Comprehensive Plan.
“Agricultural warehouse (public warehouse)” means any elevator, mill,
subterminal grain warehouse, terminal warehouse, country warehouse, or other structure
or enclosure that is used or usable for the storage of agricultural products, and in which
commodities are received from the public for storage, handling, conditioning, or
shipment for compensation. The term does not include any warehouse storing or handling
fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or any
warehouse that conditions yearly less than 300 tons of an agricultural commodity for
compensation.
“Agriculture, existing and ongoing” means any agricultural activity conducted on
an ongoing basis on lands enrolled in the open space tax program for agriculture or
designated as agricultural lands of long-term commercial significance on the official map
of Comprehensive Plan Land Use Designations; provided, that agricultural activities were
conducted on those lands at anytime during the five-year period preceding April 28,
2003. Agricultural use ceases when the area on which it is conducted is converted to a
nonagricultural use.
“Agriculture, new” means agricultural activities proposed or conducted after April
28, 2003, and that do not meet the definition of “existing ongoing agriculture.”
“Agritourism” means agriculturally related accessory uses designed to bring the
public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail
sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and
petting, wagon rides, farm tours, horticultural nurseries and associated display gardens,
cider pressing, wine or cheese tasting, etc.
“Airport” means an area of land or facility publicly owned and open to general
public use for aircraft operations, except any airfield or airstrip as defined herein. An
airport may include related services and facilities.
“Airport district” means an overlay district which governs use of land adjoining
an airport and protects public safety in the area.
“Airstrip” means a privately owned area of land, closed to the public, and
restricted to use by the owner primarily for noncommercial aircraft operations and, on an
occasional basis, invited guests of the owner or for emergency purposes.
“Allowable outright uses” means land uses and activities which are allowed
exemptsubject to from the provisions of this Unified Development Code.
“Allowed outright, use (“Yes” use)” means uses allowed outright (i.e., without an
accompanying land use permit) as identified in Table 3-1 in JCC 18.15.040, provided all
provisions and standards of this code have been satisfied in a manner consistent with the
provisions of Chapter 18.40 JCC. Such uses may still be subject to applicable
performance or development standards, or other development permits (e.g., septic,
stormwater management, building, etc.) required by applicable sections of this code or
the Uniform Building Code, as adopted and amended by Jefferson County.
Uses allowed subject to the provisions of this code, including meeting applicable
performance and development standards; if a building, or other development permit (e.g.,
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stormwater permit) is required, the use is subject to the project review and approval
process.
“Alteration, nonconforming structures” means any change or rearrangement in the
supporting members of existing buildings, such as bearing walls, columns, beams,
girders, or interior partitions, as well as any changes in doors, windows, means of egress
or ingress or any enlargement to or diminution of a building or structure, horizontally or
vertically, or the moving of a building from one location to another. This definition
excludes normal repair and maintenance, such as painting or roof replacement, but
includes more substantial changes.
“Alteration, nonconforming use” means the expansion, modification or
intensification of a use that does not conform to the land use regulations of the UDC.
“Animal feeding operation (AFO)” means agricultural enterprises where animals
are kept and raised in confined situations. AFOs congregate animals, feed, manure and
urine, dead animals and production operations on a small land area. Feed is brought to the
animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or
on rangeland. The formal definition in federal regulations is “a lot or facility (other than
an aquatic animal production facility) where the following conditions are met: (1)
animals (other than aquatic animals) have been, are or will be stabled or confined and fed
or maintained for a total of 45 days or more in any 12-month period, and (2) crops,
vegetation, forage, growth, or post-harvest residues are not sustained in the normal
growing season over any portion of the lot or facility.” [40 CFR 122.23(b)(1)]
“Animal feeding operation, concentrated (CAFO)” means an AFO that is defined
as a “large CAFO” or as a “medium CAFO” according to federal regulations or that is
designated as a CAFO by the permitting authority. Two or more AFOs under common
ownership are considered to be a single AFO for the purposes of determining the number
of animals at an operation, if they adjoin each other or if they use a common area or
system for the disposal of wastes. [40 CFR 122.23(b)(2)]
“Large CAFO” means an AFO that meets or exceeds one of the following
thresholds: 700 mature dairy cows; 1,000 beef cattle or heifers; 2,500 swine (each 55 lbs.
or more); 10,000 swine (each under 55 lbs.); 1,000 veal calves; 500 horses; 10,000 sheep
or lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure handling systems);
5,000 ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling
systems); 125,000 chickens, except laying hens (other than liquid manure handling
systems); 82,000 laying hens (other than liquid manure handling systems).
“Medium CAFO” means an AFO where either a man-made ditch or pipe carries
manure or wastewater from the operation to surface water or animals come into contact
with surface water running through the area where they are confined; and the operation
meets or exceeds the following thresholds: 200 mature dairy cows; 300 beef cattle or
heifers; 750 swine (each 55 lbs or more); 3,000 swine (each under 55 lbs); 300 veal
calves; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks (other than liquid
manure handling systems); 1,500 ducks (liquid manure handling systems); 9,000
chickens (liquid manure handling systems); 37,500 chickens, except laying hens (other
than liquid manure handling systems); 25,000 laying hens (other than liquid manure
handling systems).
“Animal shelter (kennel)” means any premises, except where accessory to an
agricultural use, where five or more adult domestic animals such as dogs and cats are
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boarded, bred or trained. A kennel shall not be interpreted to include a pet shop or pet
grooming shop.
“Animal commercial kennel or cattery” means a kennel where five (5) or more
adult dogs or cats are boarded, bred or trained for compensation. Commercial kennels
exceed the number of animals allowed by a hobby kennel, regardless if compensation is
received for services. Commercial kennels or catteries do not including a small animal
hospital or clinic, pet shop or shelter. (See also “animal shelter” and “animal hobby
kennel”)
“Animal hobby kennel” means a noncommercial kennel at or adjoining a private
residence where five (5) or more adult dogs, cats or combination thereof are kept for
purposes other than breeding as a primary interest, such as for hunting or organized field
trials, obedience or confirmation competition. Hobby kennels exceeding ten (10) dogs,
cats or combination thereof shall be subject to the provisions of a commercial kennel.
“Animal shelter” means a facility which is used to house or contain stray,
homeless, abandoned or unwanted animals. Shelters are owned, operated or maintained
by a public body, established humane society, animal welfare society, society for the
prevention or cruelty to animals or other nonprofit organization devoted to the welfare,
protection and humane treatment of animals. Shelters also include facilities for the
rehabilitation of wildlife.
“Appeal” means a request by an applicant or citizen that a decision made pursuant
to this UDC be reviewed for its correctness and legality by another person, agency or
court of law having jurisdiction to hear such an appeal.
Appeal, Closed-Record. (See “closed-record hearing.”)
Appeal, Open-Record. (See “open-record hearing.”)
“Applicant” means the owner or owners of record of the property subject to a
project permit application under this code, or authorized representative thereof.
“Application” means the forms, plans and accompanying documents required for
any project permit approval under this code.
“Approach, transitional, horizontal, and conical surfaces” means imaginary
surfaces relating to an airport or airfield runway as defined in Federal Aviation
Regulation, Part 77, “Objects Affecting Navigable Airspace” as amended, and as shown
on the Approach and Clear Zone Plan for an airport or airfield.
“Approach, transitional, horizontal, and conical zones” means the zones which
apply to the ground areas immediately under a runway approach; transitional, horizontal,
and conical surface as projected along a vertical axis.
“Approving authority” means either the administrator, as defined in this UDC, the
Jefferson County hearing examiner or the Jefferson County board of commissioners,
depending on the type of permit process or decision specified in the applicable portion of
this UDC.
“Aquaculture” means the science or art of cultivating fish, shellfish, or other
aquatic animals or plants. The farming or culturing of aquatic organisms.
“Aquifer” means a body of permeable saturated rock material or soil capable of
conducting groundwater.
“Aquifer recharge areas” means lands through which precipitation and surface
water infiltrate the soil and are transmitted through rocks and soil to create groundwater
storage.
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“Archaeological” means having to do with the scientific study of material remains
of past human life and activities.
“Archaeological site” means an area of ancestral human use such as middens,
burial grounds, and earthworks.
“Area” means the size of a parcel of land, as expressed in square feet or acres to
two decimal places. When a public road right-of-way lies within a tract of land otherwise
in contiguous ownership, area within the right-of-way may be included in gross area for
the purpose of calculating maximum allowable density. When public road right-of-way
abuts a tract of land, area to the centerline may not be included in the gross area of the
parcel for this purpose.
“Area, nominal” means the approximate area of a parcel of land, such as the
aliquot part or the land area in the assessor’s records.
“Area of special flood hazard” means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given year, as
indicated on the flood insurance rate maps (FIRMs).
“Assembly facility” means a facility designed and used for the gathering of
people, or in which they may come together in a body, such as a meeting hall, community
club or center, church, etc. (See also “community structure” and “religious assembly
facility.”)
“Assessor’s parcel number” means a geocoding number assigned by the
assessor’s office for property tax assessment purposes only.
“Automobile service station and repair” means any building, land area, or other
premises used for the retail dispensing or sales of vehicular fuels and the servicing or
repair of automobiles.
“Automobile wrecking and salvage yards” means an outdoor area used for the
wrecking, storage, and recycling/salvage of vehicles for scrap metal and/or parts. (See
“junk yard.”)
“Available capital facilities (available capacity)” means capital facilities or
services that are in place (“existing capacity”), or for which a financial commitment is in
place to provide the facilities or services within a specified time (“planned capacity”).
“Available capacity” consists of existing plus planned capacity. (See also “adequate
capacity,” “concurrency,” and “levels of service.”)
“Average vehicular trips” means the average number of all vehicles entering or
leaving a site during a defined period. [Ord. 06-04 § 2; Ord. 6-03 § 2; Ord. 5-03 § 2; Ord.
9-02 § 1; Ord. 11-00 § 2.3]
18.10.020 B definitions.
“Base flood” means the flood having a one percent chance of being equaled or
exceeded in any given year; also known as the “100-year flood,” as shown on the FIRM
maps.
“Base flood elevation” means the elevation for which there is a one percent
chance in any given year that flood levels will equal or exceed it.
“Bed and breakfast inn” means a hospitality commercial use containing four to six
lodging units without cooking facilities, which provides overnight accommodation and
meals in a proprietor-occupied or owner-occupied existing single-family residence and
additional legal structures or up to 10 lodging units in an existing historic structure.
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“Bed and breakfast residence” means a hospitality commercial use containing one
to three lodging units without cooking facilities, which provides overnight
accommodation and meals in an owner-occupied existing single-family residence.
“Best available science” means with regard to designating and protecting
environmentally sensitive areas, best available science refers to the utilization of the most
current, widely accepted scientific data, research, studies and/or reports in making land
use and policy decisions. (See WAC 365-195-900.)
“Best management practices (BMP)” means systems of practices, schedules of
activities, prohibitions, maintenance procedures, and management measures that prevent
or minimize adverse impacts to the environment.
Best Management Practices, Agricultural. (See “agricultural best management
practices.”)
“Binding site plan” means a drawing to appropriate scale that:
(a) Identifies and shows the areas and locations of all roads, improvements, utilities,
open space, and any other matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by Jefferson County; and
(c) Contains provisions requiring that any development be in conformity with the site
plan.
“Block” means a group of lots, tracts or parcels within well-defined and fixed
boundaries.
“Board (BOCC)” means the Jefferson County board of county commissionersfor
Jefferson County. Also referenced as Board of Commissioners, or County
Commissioners..
“Boat building and repair, commercial” means a commercial establishment where
boats are constructed, dismantled, stored, serviced, or repaired, including maintenance
work thereon.
“Boundary line adjustment” means the relocation or other adjustment of the
boundaries of a lot, tract or parcel, in which the relocation neither results in the creation
of any additional lot, tract or parcel nor results in creation of any lot, tract or parcel which
is more nonconforming or insufficient in area or dimension.
“Buffer zone, strip, or area” means an area designed to separate incompatible uses
or activities.
Buildable Lot. (See “lot, buildable.”)
“Building envelope” means:
(a) A three-dimensional space in which a building or structure may be built;
(b) A plat restriction for the purpose of defining building coverage areas for
individual lot, or for describing shoreline building setbacks;
(c) The buildable area of a lot, tract or parcel after applicable setbacks, easements and
other restrictions on the lot, tract or parcel are taken into account.
“Bulk fuel storage facilitiesplant or terminal facility” means an area where
flammable or combustible liquids are received by tank vessel, pipelines, tank car, or tank
vehicle and are stored or blended in bulk for the purpose of distributing such liquids by
tank vessel, pipeline, tank car, tank vehicle, portable tank, or container (cf. Uniform
Building Code). [Ord. 06-04 § 2; Ord. 11-00 § 2.3] That portion of a property where
flammable or combustible liquids are received by tank vessel, pipelines, tank car or tank
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vehicle and are stored or blended in bulk for the purpose of distributing such liquids by
tank vessel, pipeline, tank car, tank vehicle, portable tank or container (cf. International
Fire Code).
18.10.030 C definitions.
“Campground and camping facilities” means a facility in which sites are offered
for persons using tents or other personal, portable overnight shelters.
“Capital facilities” means physical structures or facilities owned or operated by a
government entity which provides or supports a public service.
“Capital improvements” means improvements to land, structures, initial
furnishings, and selected equipment.
“Caretaker residence” means a residence located on a premises with a main
nonresidential use and occupied only by a caretaker, and his/her immediate family, or
guard employed on the premises.
“CC&Rs” means covenants, conditions and restrictions by which the declarant or
other party or parties executing the CC&Rs impose contractual obligations upon the
present and future owners and assignees of real property. CC&Rs are connected with land
or other real property, and run with the land, so that the grantee of such land is invested
with and bound by the CC&Rs. CC&Rs include but are not limited to “declarations” for
condominiums in accordance with Chapters 64.32 and 64.34 RCW. CC&Rs are not
enforced by the county.
“Certificate of occupancy or use” means a document issued by the Jefferson
County building official as the final approval acknowledging that all conditions and
requirements have been met and that the occupancy or use of a development is allowed.
“Certified feed lot” means any place, establishment, or facility commonly known
as a commercial feed lot, or the like, which complies with all of the requirements of
Chapter 16.58 RCW and associated rules and which holds a valid license from the state.
“Clearing” means the destruction or removal, by hand or with mechanical means,
of vegetative ground cover or trees including, but not limited to, root material or topsoil
material.
“Cluster development” means a development design technique that groups or
“clusters” buildings in specific areas on a site rather than spread evenly throughout the
parcel as in a conventional lot-by-lot development. The remaining land is to remain
undeveloped in perpetuity and used for recreation, common open space, and/or
preservation of environmentally sensitive areas.
“Co-housing (intentional communities)” means single-family residential
developments, subject to the underlying land use district density, which may contain lots
or structures in common ownership subject to meeting all other applicable provisions of
this UDC and if approved under the requirements of Article VI-M of Chapter 18.15 JCC,
Planned Rural Residential Developments (PRRDs), where applicable.
“Commercial recreational facility” means a place designed and equipped for the
conduct of sports and leisure-time activities that is operated as a business and open to the
public for a fee.
“Commercial use” means a business use or activity at a scale greater than a home
business or cottage industry involving retail or wholesale marketing of goods and
services. Examples of commercial uses include offices and retail shops.
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“Commercial sign” means any object, device, display or structure that is used for
attracting attention to any commercial use, product, service, or activity.
“Common area” means any area contained within the boundaries of a proposed
land division or within a multifamily residential development and owned by the lot
owners as tenants-in-common, joint tenancy, or through an association or nonprofit
association, and provided specifically for the common use of the residents.
“Common open space” means a parcel or parcels of land or an area of water or a
combination of land and water within the site designated for a subdivision and designed
and intended for the use or enjoyment of the public. Common open space may contain
such complementary structures and improvements as are necessary and appropriate for
the benefit and enjoyment of the residents of the subdivision.
“Commercial communication towers” means towers, dishes, or antennas
established for the sending or receiving of signals for commercial purposes.
“Community structure” means a structure which is intended for the common use
of the residents of a particular subdivision or community.
“Compatible” means uses or activities capable of existing together or in the
vicinity of one another without disharmony or without generating effects or impacts
which are disruptive to the normal use and enjoyment of surrounding property.
“Comprehensive Plan” means the Jefferson County Comprehensive Plan and all
of its goals, objectives, policies, documents, and maps which is a generalized coordinated
land use policy statement of the Jefferson County board of commissioners, adopted
pursuant to Chapter 36.70A RCW.
Concentrated Animal Feeding Operation (CAFO). (See “Animal feeding
operation, concentrated”)
“Concurrency” means a condition in which an adequate capacity of capital and
transportation facilities and services is available to support development at the time that
the impacts of development occur. (See also “adequate capacity,” “available capacity,”
and “levels of service.”)
“Conditional use” means a use that, owing to some special characteristics
attendant to its operation or installation (e.g. potential danger, traffic, smoke or noise
impact), is permitted in a district, subject to approval and special requirements, different
from those usual requirements for the district in which the conditional use may be
located.
“Conditional use permit” means a permit issued by Jefferson County stating that
the land uses and activities meet all criteria set forth in this code, and all conditions of
approval in accordance with the procedural requirements of this code.
“Condominium” means real property, portions of which are designed for separate
ownership and the remainder of which is designated for common ownership solely by
owners of those portions. Real property is not a condominium unless the undivided
interests in the common elements are vested in unit owners, and unless a declaration and
a survey map and plans have been recorded in accordance with Chapters 64.32 and 64.34
RCW. Condominiums are not confined to residential units, such as apartments, but also
include offices and other types of space in commercial buildings.
“Conservation district” means a “special purpose district,” like a fire district or
school district, organized in accordance with Chapter 89.08 RCW for the purpose of
providing assistance to landowners for the conservation of renewable resources.
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“Construction/contractor yards and offices” means service establishments
primarily engaged in general contracting or subcontracting in the building construction
trades. These include administrative offices, workshops and the indoor or outdoor storage
of tools, equipment, materials, and vehicles.
Contract Purchaser. (See “applicant.”)
“Convenience store” means any retail establishment offering for sale prepackaged
food products, household items, and other goods commonly associated with the same and
having a gross floor area of less than 5,000 square feet.
“Cottage industry” means a commercial or manufacturing activity conducted in
whole or in part in either the resident’s single-family dwelling unit or in an accessory
building, but is of a scale larger than a home occupation or home business. A cottage
industry is a limited, small-scale commercial or industrial activity, including fabrication,
with limited retail sales, that can be conducted without substantial adverse impact on the
residential character in the vicinity.
“County” means Jefferson County, Washington, its board, commissions, and
departments.
“Critical habitat” means an area or type of environment that may be of crucial
importance to the perpetuation of an organism or biological population which normally
lives or occurs there.
“Critical aquifer recharge areas” means areas with a critical recharging effect on
aquifers used for potable water.
“Cul-de-sac” means a road closed at one end by an area of sufficient size for
turning vehicles around.
“Current use” means the use of land or improvements at the time of permit
application.
“Custom meat facility” means a facility operated by a person licensed to prepare
uninspected meat for the owner of the uninspected meat.
“Custom slaughtering establishment” means a facility operated by a person
licensed to slaughter meat food animals for the owner of the animal at a fixed location.
[Ord. 06-04 § 2; Ord. 6-03 § 2; Ord. 11-00 § 2.3]
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).
“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).
“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.
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“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 division of a parcel into two or more parcels; 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.
“Development permit” means any permit issued by Jefferson County allowing the
physical alteration of real property including, but not limited to, building construction,
road construction, grading, filling or excavating. Approval of a short subdivision, long
subdivision, or boundary line adjustment is not considered a “development permit” for
the purposes of Chapter 18.35 JCC. (See “project permit.”)
“Development regulation or regulations” means the controls placed on
development or land use activities by Jefferson County, including, but not limited to, this
Unified Development Code (which among other provisions includes zoning, planned
rural residential development (PRRD), subdivision, binding site plan and
environmentally sensitive areas regulations), the Jefferson County Shoreline Master
Program, and any other official controls implementing the Jefferson County
Comprehensive Plan. A development regulation does not include a decision to approve a
project permit application, as defined in RCW 36.70B.020, even though the decision may
be expressed in a resolution or ordinance of the Jefferson County board of
commissioners.
“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.
“Director of the department of public works” means the director of the Jefferson
County department of public works 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.
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12
"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 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, whether such lot(s), tract(s) or parcel(s) is created by
short subdivision or long subdivision(See Chapter18.35 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. [Ord. 11-00 § 2.3]
18.10.050 E definitions.
“Eating establishment (restaurant)” means a business primarily engaged in the
retail sale of food for consumption on the premises. A lounge operated as part of a
restaurant is considered to be accessory to the restaurant.
“Ecology (WDOE)” means the state of Washington Department of Ecology.
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13
“Endangered species” means a species which is in danger of extinction
throughout all or a significant portion of its range, as classified by the Washington
Department of Fish and Wildlife, WAC 232-120-014 and the Washington Department of
Natural Resources, Washington Natural Heritage Plan.
“Environmental checklist” means a form prescribed by the administrator and the
state of Washington to identify the potential environmental impacts of a given proposal.
“Environmental impact statement (EIS)” means a draft, final, or supplemental
written document that reviews the likely significant and nonsignificant adverse and
positive impacts of a proposal, ways to avoid, minimize or lessen the adverse impacts,
and alternatives to the proposal.
“Environmentally sensitive areas (ESA)” means geologically hazardous areas,
frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife
habitat areas, all as defined through WAC 356-190 as “critical areas” and regulated in
Chapter 18.15 JCC.
“Equestrian center” means uncovered and covered facilities for commercial
boarding, training, teaching, breeding and rental of horses including facilities for shows
and competitive events, and riding trails. This shall not include stables used solely for the
private personal use of the property owner or stables used solely for boarding or breeding
of horses.
“Erosion” means the detachment and movement of soil or rock by water, wind,
ice, or gravity.
“Erosion hazard areas” means areas characterized by soils identified in the USDA
Jefferson County Soil Survey as having severe water erosion hazards.
“Essential public facilities” means those important and necessary facilities which
provide essential services that are typically difficult to site, such as airports, state
educational facilities, state or regional transportation facilities, state and local correctional
facilities, solid waste-handling facilities, and in-patient facilities including substance-
abuse facilities, mental health facilities, and group homes (RCW 36.70A.200). They do
not necessarily include all public facilities or services; they may be, but are not
necessarily, publicly owned. Essential public facilities in Jefferson County include
airports, large-scale transportation facilities, solid waste handling and disposal facilities,
correctional facilities, in-patient treatment facilities including substance-abuse facilities,
and mental health facilities, state-owned educational facilities, and wastewater treatment
plants.
“Excavation” means the mechanical removal of earth.
Exemption (Exception). Reserved.
“Existing use” means the use of a lot or structure or improvements at the time of
the enactment of the Unified Development Code (this code), unless otherwise specified.
Expansion, Nonconforming Use. (See “intensification, nonconforming use.”)
“Extraction” means the commercial removal of naturally occurring materials from
the earth, excluding water. [Ord. 11-00 § 2.3]
18.10.060 F definitions.
“Facility and service provider” means the department, district, agency or private
entity responsible for providing a specific concurrency facility.
“Family” means an individual or two or more persons related by blood or
marriage or a group of not more than five persons (excluding servants) living together as
Draft 6/26/06
14
a single housekeeping unit and doing their cooking on the premises as distinguished from
a group occupying a boarding house or rooming house or motel.
“Farm equipment” includes, but is not limited to, tractors, trailers, combines,
tillage implements, balers, and other equipment, including attachments and accessories
that are used in the planting, cultivating, irrigation, harvesting, and marketing of
agricultural, horticultural, or livestock products.
“Farm plan” means a conservation plan developed by a conservation district
technician and a landowner outlining a series of actions developed to meet a landowner’s
goals while protecting water quality and the natural resources within and around the farm
property. Many things are considered in a farm plan including farm size, soil types, slope
of the land, proximity to streams, wetlands or water bodies, type and numbers of
livestock or crops, resources such as machinery or buildings and finances available. The
terms conservation plan and farm plan are interchangeable in this context.
“Farm worker housing” means a place, area, or piece of land where sleeping
places or housing sites are provided by an agricultural employer for his or her agricultural
employees.
“Feasible alternative” means an alternative that:
(a) Meets the requirements of federal, state, and local laws and regulations;
(b) Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making
body on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of “upset conditions” (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits), and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
environmentally sensitive areas and habitats, site accessibility, and local community
concerns.
“Federal candidate species” means formally proposed endangered or threatened
species and candidate species for which the U.S. Fish and Wildlife Service has
information to indicate biological vulnerability and threat.
“Federal endangered species” means species in danger of extinction according to
the U.S. Fish and Wildlife Service official listing.
“Federal sensitive species” means species that are considered a sensitive species
by the U.S. Fish and Wildlife Service.
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15
“Federal threatened species” means species likely to become endangered within
the foreseeable future according to the U.S. Fish and Wildlife Service official listing.
“Field Office Technical Guide (FOTG)” means a USDA Natural Resources
Conservation Service manual that contains information for use in technical assistance to
decision-makers for resource management.
Filing. (See “recording.”)
“Fill” means any sand, gravel, earth, or other materials of any composition
whatsoever placed or deposited by humans.
“Final plat” means the final drawing of the subdivision and dedication prepared
for filing for record with the county auditor and containing all elements and requirements
set forth in Chapter 18.35 JCC and all other applicable codes and ordinances.
“Flood Insurance Rate Map (FIRM)” means the official map issued by the Federal
Emergency Management Agency that delineates both the special hazard areas and the
risk premium zones applicable to Jefferson County.
“Flood or flooding” means the temporary inundation of normally dry land areas
from the overflow of inland or tidal waters or from the unusual and rapid accumulation or
runoff of surface waters.
“Forest management” means forest practices pertaining to protecting, producing,
and harvesting timber for economic use.
“Forest practice” means any activity conducted on or directly pertaining to forest
land and relating to growing or harvesting of timber, or the processing of timber on a
harvest site for less than 30 days per calendar year, including but not limited to: road and
trail construction and maintenance; harvest, final and intermediate; precommercial
thinning; reforestation; fertilization; prevention and suppression of diseases and insects;
salvage of trees; and brush control.
“Forest practice, conversion” means the conversion of land to an active use
incompatible with timber growing and where future non-forest uses will be located on
currently forested land.
“Forest practice, conversion option harvest plan (COHP)” means a voluntary plan
developed by the landowner and approved by the county that indicates the limits and
types of harvest areas, road locations, and open space. This jointly agreed plan is
submitted to the Washington Department of Natural Resources (WDNR) as part of a
Class II, III, or IV Special forest practice permit application, and is attached to and
becomes part of the conditions of the permit approved by the WDNR.
“Forest resource lands” means lands primarily devoted to growing trees for long-
term commercial production on land that can be economically and practically managed
for such production (RCW 36.70A.030(8)).
“Frequently flooded areas” means lands subject to a one percent or greater chance
of flooding in any given year. [Ord. 06-04 § 2; Ord. 11-00 § 2.3]
18.10.070 G definitions.
“Geologically hazardous areas” means areas that because of their susceptibility to
erosion, sliding, earthquake, or other geological events are not suited to the siting of
commercial, residential, or industrial development consistent with public health or safety
concerns.
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16
“Grade, average level” means the average of the natural or existing topography of
the lot, parcel or tract of real property which will be directly under the center of all
exterior walls of a proposed building or structure.
“Grade, existing” means the elevation of the ground or site prior to any work
being done or any changes being made to the ground or site. With respect to a building or
structure, grade is the lowest point of elevation of the finished surface of the ground,
paving, or sidewalk, within the area between the building and the property line or, when
the property line is more than five feet from the building, between the building and a line
five feet from the building.
“Grade, finished” means the final elevation of the ground level after development.
“Grade Plane” means a reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the finished ground level
slopes away from the exterior walls, the reference plane shall be established by the lowest
points within the area between the building and the lot line or, where the lot line is more
than 6 ft. from the building between the structure and a point 6ft from the building.
“Grading” means stripping, cutting, filling, or stock-piling land including the land
in its cut or filled condition to create new grade.
Grandfathered Uses and Structures. (See “nonconforming,” “nonconforming lot,”
“nonconforming structure,” “nonconforming use,” “alteration, nonconforming
structures,” and “alteration, nonconforming use.”)
“Grocery store” means a commercial establishment selling primarily packaged
food products typically in combination with household products and sundries.
“Gross area” means the total area included within the boundaries of any parcel
including land area up to any abutting public road right-of-way.
Groundwater. See “Water, ground.”
“Group home” means a residential occupancy that exceeds the definition of
“family” in a single-family residence.
“Group housing” means a residential dwelling that exceeds the definition of a
single-family residence and which is not a multifamily dwelling.
“Growth Management Act (GMA)” means the state of Washington Growth
Management Act, Chapter 36.70A RCW, as amended. [Ord. 6-03 § 2; Ord. 11-00 § 2.3]
18.10.080 H definitions.
“Habitat” means the place or type of site where a plant or animal naturally or
normally lives and grows.
“Hangars” means covered areas and enclosed structures for housing and repairing
aircraft.
“Hazardous substance” means any liquid, solid, gas, sludge, including any
material, substance, product, commodity, or waste, regardless of quantity, which exhibits
any of the characteristics or criteria of hazardous waste as described in rules adopted
under Chapter 70.105 RCW.
“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and
regulated as hazardous waste by the United States EPA. Any discarded, useless,
unwanted, or abandoned radioactive or nonradioactive substances, including, but not
limited to, certain pesticides, or any residues or containers of such substances which are
disposed of in such quantity or concentration as to pose a substantial hazard to human
Draft 6/26/06
17
health, wildlife, or the environment because such wastes or constituents or combinations
of such wastes:
(a) Have short-lived toxic properties that may cause death, injury, or illness or have
mutagenic, teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through
decomposition or other means; or
(c) Will persist in a hazardous form for several years or more at a disposal site and
which in its persistent form; or
(d) Presents a significant environmental hazard and may be concentrated by living
organisms through a food chain or may affect the genetic make-up of man or wildlife;
and
(e) Is highly toxic to man or wildlife.
“Heavy equipment sales or rental services” means the use of any internal or
external space, whether inside or outside a building, for the sale, rental and display of
construction or other heavy equipment, machinery or vehicles or parts thereof.
“Height of building” means the vertical distance above a reference datum
measured to the highest point of the coping of a flat roof, to the deck line of a mansard
roof, or to the average height of the highest gable of a pitched or hip roof. The reference
datum shall be selected by either of the following, whichever yields a greater height of
building:
(a) The elevation of the highest adjoining sidewalk or ground surface within a five-
foot horizontal distance of the exterior wall of the building when such sidewalk or ground
surface is not more than 10 feet above lowest grade; or
(b) An elevation 10 feet higher than the lowest grade when the sidewalk or ground
surface described in subsection (a) of this definition is more than 10 feet above lowest
grade.
The height of a stepped or terraced building is the maximum height of any
segment of the building (cf. Uniform Building Code).
“Height, building” means the vertical distance from grade plane to the average
height of the highest roof surface (cf. International Building Code).
“Height, story” means the vertical distance from the top to top of two successive
tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the
floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the
roof rafters (cf. International Building Code).
“Historic site, structure or landmark” means a site, structure or building of
outstanding archaeological, historical or cultural significance. This is shown by its
designation as such by the National or Washington State Register of Historic Places,
designation as an historic landmark, or any such structure or feature for which the State
Historic Preservation Officer has made a determination of significance pursuant to
Section 106 of the National Historic Preservation Act.
Home Business. Home-based businesses are secondary and incidental to the
primary residential use of the structure, provide supplemental income for a family,
consist of limited-scale service or fabrication, and limited retail sales.
“Homeowners association” means an incorporated nonprofit organization
operating under recorded land agreements, including, but not limited to, CC&Rs, through
which:
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18
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the
organization’s activities, such as maintaining commonly owner property; and
(c) A charge, if unpaid, becomes a lien against the real property.
“Hobby kennel” means a noncommercial kennel at or adjoining a private
residence where adult dogs are kept for purposes other than breeding as a primary
interest, such as for hunting or organized field trials, obedience or confirmation
competition. A hobby kennel may encompass up to ten (10) adult domestic dogs, cats or
combination thereof, and shall not produce more than three (3) litters or cats or dogs or a
combination thereof per year.
“Hotel (or lodge)” means a commercial building in which lodging is provided and
offered to the public for compensation, and which is open to transient guests, and is not a
motel or bed and breakfast inn as otherwise defined in this code.
“Household” means one or more related or unrelated persons occupying a
dwelling unit. [Ord. 11-00 § 2.3]
18.10.090 I definitions.
“Illegal use” means any use of land or a structure which is inconsistent with
current codes or was inconsistent with previous codes in effect when the use or structure
was established. An illegal use is different than a “nonconforming use.” (See also
“nonconforming.”)
“Impervious surface” means a surface area that creates a barrier to the entry of
water into the soil in comparison with natural conditions prior to development, or that
causes water to run off the surface in greater quantities or at an increased rate of flow in
comparison with the flow prior to development. Common impervious surfaces may or
may not include roofs, driveways, patios, packed earth, and oiled surfaces; however,
open, uncovered retention/detention facilities are not considered as impervious surfaces
Mmeans A hard surface area that either prevents or retards the entry of water into the soil
mantle as under natural conditions prior to development. A hard surface area which
causes water to run off the surface in greater quantities or at an increased rate of flow
from the flow present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, roof tops, walkways, patios,
driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed
earthen materials, and oiled, macadam or other surfaces which similarly impede the
natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not
be considered as impervious surfaces for purposes of determining whether the thresholds
for application of minimum requirements are exceeded. Open, uncovered
retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling..
“Improvements” means the facilities and infrastructure of a land development,
including, but not limited to, the roads, sidewalks, street lights, stormwater facilities,
sewage disposal facilities, domestic water facilities, and other utilities and facilities
required by Chapter 18.35 JCC to be constructed in conjunction with any particular land
division, as approved by the necessary county departments.
“Incidental” means subordinate to, minor in significance, and bearing a
reasonable relationship with the primary use.
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19
“Incompatible” means uses and activities that are not compatible. (See
“compatible.”)
“Indoor entertainment or recreational facilities” means places designed and
equipped for the conduct of sports and leisure-time activities, including but not limited to,
physical fitness clubs, bowling alleys, theaters, playhouses, and billiard rooms.
“Industrial use, heavy or resource-based” means a use engaged in the basic
processing and manufacturing of materials or products predominately from extracted or
raw materials or natural resources; a use engaged in storage of, or manufacturing
processes using flammable, hazardous or explosive materials; or manufacturing processes
that potentially involve hazardous or commonly recognized adverse conditions.
“Infrastructure” means existing installed facilities and services including capital
facilities such as water supply, sewage disposal, and storm drainage systems, and
transportation facilities such as public roads.
“Inoperable (or unlicensed) vehicle” means any motor vehicle (excluding farm
machinery or implements), trailer, or semitrailer which is inoperable and which, by virtue
of its condition, cannot be economically restored to operable condition; provided, that
such vehicle, trailer, or semitrailer shall be presumed to be an inoperable or unlicensed
vehicle if no license plates are displayed or if the license plates displayed have been
invalid for more than three years.
“Institutional facilities or development” means structures and related activity
areas used by organizations providing educational, social, or noncommercial recreational
services to the community, including performance halls, government service offices,
facilities for assembly, colleges, primary and secondary schools, museums, and libraries.
“Instream resources” means features, properties, or other beneficial assets which
exist within a stream corridor, such as fish and wildlife habitat, recreation, and scenic
beauty.
“Intensification of nonconforming use” means any increase or expansion in the
quality or quantity of products, goods, services , structures or adverse impacts upon
parcels within the vicinity of the nonconforming use produced, generated, served, created
or performed at the site of the legal nonconforming use by the owner or occupant of that
legal nonconforming use.
“International building code” means the building code officially adopted by
Jefferson County.
“Intensive” means highly concentrated, very large, or considerable, in terms of
Jefferson County standards and environment.
“Inter vivos” means a transfer or conveyance of property during the life of the
owner, as distinguished from testamentary transfers where the property passes at death.
[Ord. 6-03 § 2; Ord. 21-02 § 1; Ord. 18-02 § 2 (Exh. C); Ord. 11-00 § 2.3]
18.10.100 J definitions.
“Junk motor vehicle” means a vehicle certified under RCW 46.55.230 as meeting
at least three of the following requirements: (a) three years or older and unlicensed; (b)
Extensively damaged, such damage including, but not limited to the following; a broken
window or windshield, missing seats, wheels, tires, motor, or transmission; (c) apparently
inoperable; and/or (d) has approximate fair market value equal only to the approximate
value of the scrap in it.
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“Junk yard” means a primary or accessory use of structures or land for storage,
recycling, dismantling or selling of cast-off, unused, scrap, or salvage material of any
sort. [Ord. 11-00 § 2.3]
18.10.110 K definitions.
“Kitchen” means a room used for cooking or preparing food. [Ord. 11-00 § 2.3]
18.10.120 L definitions.
“Land disturbing activity” means any activity that results in movement of earth,
or a change in the existing soil cover (both vegetative and non-vegetative) 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. However, when the
county is required by law to enforce the regulations in a court of limited jurisdiction, a
petition may not be brought under this chapter.
“Landslide hazard areas” means areas potentially subject to risk of mass
movement due to a combination of geologic, topographic, and hydrologic factors.
“Landward” means to or toward the land.
“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,” “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” means lands with the growing capacity,
productivity, soil composition, and economic viability for long-term agricultural, mineral
or silvicultural production.
“Lot” means a designated tract, parcel or area of land established by plat,
subdivision, or as otherwise permitted by law, to be separately owned, and utilized.
“Lot, buildable” means a lot of sufficient size and location to:
(a) Comply with all the standards and requirements of this code, with the exception
of the density provisions contained herein; and
(b) Support an on-site wastewater disposal (i.e., septic) system or connect to a public
sewerage system and support an individual water system (i.e., well) or connect to a
community water system that is consistent with the policies, standards and requirements
of the Jefferson County health department and the Washington State Department of
Health as they now exist or may hereafter be amended, and any other applicable policies,
standards or regulations of the Washington State Department of Ecology.
As an aid to developers, the county notes that a lot of two acres in size or greater
will typically be adequate to meet the health standards referenced above. Given suitable
soil conditions and alternative treatment methods, it may be possible for an area smaller
than two acres in size to meet health standards. However, for purposes of septic system
approval, an area smaller than 12,500 square feet shall not be recognized as a buildable
lot unless a waiver is authorized pursuant to Chapter 8.15 JCC. With the exception of the
12,500 square foot minimum permissible land area referenced above, the dimensional
numbers cited above should be viewed only as a general guide and shall not be construed
as binding upon the county in any specific fact scenario.
This definition is intended to apply only to lots of record as defined herein. With
the exception of the density provisions contained in Chapter 18.30 JCC, nothing in this
definition shall be construed to excuse compliance with any other provisions of this code
or any provision of local, state or federal law, including, but not limited to: the
environmentally sensitive area overlay districts set forth in Article VI-D et seq. of
Chapter 18.15 JCC; the use, setback, height and impervious surface limitations of
Chapters 18.15, 18.20 and 18.30 JCC; and any requirements imposed under the authority
of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW; or any other
applicable regulations governing the provision of infrastructure.
“Lot, corner” means a lot situated at the intersection of two roads, by which the
interior angle does not exceed 135 degrees.
“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, 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.”
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22
“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 lot or parcel was of record as a legally created lot on the effective date
of the Jefferson County Unified Development Code. A substandard lot is a legal lot of
record. “Substandard” should not be equated 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.
“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 of record” means an undeveloped lot, tract or parcel of land shown on an
officially recorded short plat or long plat or a parcel of land officially recorded or
registered as a unit of property and described by platted lot number or by metes and
bounds and lawfully established for conveyancing purposes on the date of recording of
the instrument first referencing the lot. The term “lot of record” does not imply that the
lot was created in conformity with the legal regulatory requirements for subdivision of
property in accordance with Chapters 58.16 or 58.17 RCW or Chapter 18.35 JCC.
“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. [Ord. 06-04 § 2; Ord. 11-00 § 2.3]
18.10.130 M definitions.
“Maintenance agreement” means a written agreement between parties to
physically maintain a facility for common use in a manner which conforms to standards
of adequacy specified in such an agreement.
“Major industrial development” means a master planned location for a specific
manufacturing, industrial, or commercial business that (a) requires a parcel of land so
large that no suitable parcels are available within an urban growth area; or (b) is a natural
resource-based industry requiring a location near agricultural land, forest land, or mineral
resource land upon which it is dependent. A major industrial development shall not be for
the purpose of retail commercial development or multi-tenant office parks. (cf. RCW
36.70A.365(1))
“Manufacturing” means the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component parts, the
creation of products, and the blending of materials, such as lubricating oils, plastics,
resins, or liquors.
“Manufactured Home housing” (also “mobile home”) means a factory-built,
single-family structure that is manufactured under the authority of 42 U.S.C. Section
5401, the National Manufactured Home Construction and Safety Standards Act, is
transportable in one or more sections, is built on a permanent chassis, and is used as a
place of human habitation; but which is not constructed with a permanent hitch or other
device allowing transport of the unit other than for the purpose of delivery to a permanent
site, and which does not have wheels or axles permanently attached to its body or frame.
means asingle-family dwelling built according to the Department of Housing and Urban
Development Manufactured Home Construction and Safety Standards Act, which is a
national, preemptive building code. A manufactured home also: (a) includes plumbing,
Draft 6/26/06
23
heating, air conditioning, and electrical systems; and (b) is built on a permanent chassis;
and (c)Can be transported in one or more sections with each section at least eight feet
wide and forty feet long when transported; or when installed on the site is three hundred
twenty square feet or greater. (See “Mobile Home”)
“Manufactured housing”(See also “manufactured home” and “mobile home”)
“Market value” means the most probable price which a property should bring in a
competitive and open market under all conditions requisite to a fair sale, the buyer and
seller, each acting prudently, knowledgeably and assuming the price is not affected by
undue stimulus.
“Master planned resort” means a self-contained and fully integrated planned unit
development in a setting of significant natural amenities, with primary focus on
destination resort facilities consisting of short-term visitor accommodations associated
with a range of on-site indoor or outdoor recreational facilities. A master planned resort
may include other residential uses within its boundaries, but only if the residential uses
are integrated into and support the on-site recreational nature of the resort. (cf. RCW
36.70A.360)
“Material change” means a measurable change that has significance for existing
or proposed development or for the existing environment.
“Meander line” means a line along a body of water intended to be used solely as a
reference for surveying.
“Mine hazard” means an area of potential danger to persons or property due to
past or present mineral extraction operations.
“Mineral extraction” means the removal of naturally occurring materials from the
earth for economic use. Extraction materials include nonmetallic minerals such as sand,
gravel, clay, coal, and various types of stone. This shall not include the following:
(a) Excavation and grading at building construction sites where such construction is
authorized by a valid building permit; or
(b) Excavation and grading in public rights-of-way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the county;
or
(c) Excavation and grading for the purpose of developing ponds or manure lagoons
for agricultural purposes; or
(d) Excavation and grading in connection with and at the site of any creek, river, or
flood-control or storm drainage channel for the purpose of enlarging hydraulic capacity
or changing the location or constructing a new channel or storm drain where such work
has been approved by the county; or
(e) Excavation and grading where the excavated material will be used on the same
property or on property contiguous to and under the same ownership as the excavation.
“Mineral processing” means activities accessory to mineral extraction that include
material washing, sorting, crushing or more intensive modification or alteration through
mechanical or chemical means to a mineral resource after it has been removed from the
earth. This does not include asphalt or concrete batch plants.
“Mineral resource lands” means land primarily devoted to the extraction of
minerals or lands that have a known or potential long-term commercial significance for
the extraction of minerals.
Draft 6/26/06
24
“Mini storage” means a structure or structures containing separate, individual, and
private storage spaces leased or rented individually for varying periods of time.
“Mitigation” means measures prescribed and implemented to avoid, minimize,
lessen, or compensate for adverse impacts.
“Mobile food unit” means a readily movable food and/or beverage establishment
(See “food and beverage stands”).
“Mobile Hhome” means afactory-built dwelling built prior to June 15, 1976, to
the standards other than the HUD Code, and acceptable under applicable state codes in
effect at the time of construction or introduction of the home into the state. Mobile
homes have not been built since the introduction of the HUD Manufactured Home
Construction and Safety Standards Act (See also “Manufactured Home” and
“Manufactured Housing”).
. (See “manufactured housing.”)
“Mobile home park” means a development with two or more improved pads or
spaces with required improvements and utilities designed to accommodate mobile homes,
according to RCW 59.20.030 (4).
“Motel” means a commercial building or group of buildings in which lodging is
provided to transient guests, offered to the public for compensation, and in which access
to and from each room or unit is through an exterior door.
“Motor home” means a motor vehicle originally designed, reconstructed, or
permanently altered to provide facilities for human habitation, which include lodging,
cooking, and sewage disposal, and enclosed within a solid body shell with the vehicle,
but excluding a camper or similar unit constructed separately and affixed to a motor
vehicle (RCW 46.04.305).
Multifamily Dwelling. (See “dwelling unit, multiple-family.”) [Ord. 2-02 § 1;
Ord. 7-01 § 2 (Exh. B); Ord. 11-00 § 2.3]
18.10.140 N definitions.
“National Pollutant Discharge Elimination System (NPDES)” means a joint
federal and state permitting system for the control, monitoring, and reduction of point-
sources of pollution, established under the Federal Water Pollution Control Act (Clean
Water Act) (Public Law 92-500).
“National Register of Historic Places” means the official federal list, established
by the National Historic Preservation Act, of sites, districts, buildings, structures and
objects significant in the nation’s history and prehistory, or whose artistic or architectural
value is unique.
“Native vegetation” means plant species that are indigenous to Jefferson County.
“Natural or existing topography” means the topography of the lot, parcel, or tract
of real property immediately prior to any site preparation or grading, including
excavation or filling.
Natural Resources Conservation Service. The “Natural Resources Conservation
Service” is a US Department of Agriculture division that provides technical assistance to
decision-makers to protect maintain and improve soil, water, air, plant, and animal
resources and related human considerations.
“Noise” means any sound not occurring in the natural environment which causes
or tends to cause an adverse psychological or physiological effect on humans. This
Draft 6/26/06
25
includes sounds arising from the amplification of noises generated by expected or
permitted uses of a lot or structure.
“Noise exposure forecast level” means the level of predicted noise exposure or
areas within the vicinity of an airport due to aircraft operations at some future date based
on noise levels and duration at the time of prediction.
“Nonconsumptive use” means a use which does not permanently deplete, degrade,
or destroy the resource involved.
“Nonconforming” means a use, structure, site, or lot which conformed to the
applicable codes in effect on the date of its creation but which no longer complies
because of changes in code requirements. Nonconformity is different than and not to be
confused with illegality (see “illegal use”). Legal nonconforming lots, structures, and
uses are commonly referred to as “grandfathered.”
“Nonconforming lot” means a lot ofr record in existence prior to the effective date
of the ordinance codified in this Unified Development Code and any amendments
thereto, which does not meet the minimum lot size and other requirements as set forth in
this code.
“Nonconforming structure” means a structure which does not conform to the
dimensional regulations, including but not limited to, setback, height, lot coverage,
density, and building configuration regulations of the land use district in which it is
located due to changes in code requirements. (See also “alteration, nonconforming
structures.”)
“Nonconforming use” means a use of a structure or of land which does not
conform to the regulations of the land use district in which the use exists due to changes
in code requirements. (See also “alteration, nonconforming use.”)
“Nonpoint source” means the release of waste or other flows which occurs over a
broad or undefined area. Releases which can be described as confined to a small area,
such as discharges from a pipe or conduit, are referred to as “point-source discharges.”
(See also “point-source discharge.”)
“Nursery” means lands or greenhouses used to raise flowers, shrubs, and plants
for commercial purposes.
“Nursing/convalescent/assisted living facility” means a facility or residence that
provides health or long-term care services to residents, including nursing or other
supportive or restorative health services on a 24-hour basis (RCW 43.190.020). [Ord. 06-
04 § 2; Ord. 11-00 § 2.3]
18.10.150 O definitions.
“Off-street parking” means an area of land located outside of any public right-of-
way or private roadway and used for vehicular parking.
“Office” means a commercial use which provides business, professional, or
personal services to customers.
“Official maps” means the maps identified in the Jefferson County
Comprehensive Plan as the “official maps.” These maps show the applicable land use
designation(s), overlays, and maximum allowable density for all property in the county.
“On-site waste disposal” means any one of several means for disposal of sanitary
waste on the property from which it is generated (e.g., septic tank and drainfield).
“Open-record hearing” means a hearing, conducted by a single hearing body or
officer that creates the record through testimony and submission of evidence and
Draft 6/26/06
26
information, under procedures prescribed by ordinance or resolution. An open-record
hearing may be held prior to the decision on a project permit to be known as an “open-
record predecision hearing.” An open-record hearing may be held on an appeal, to be
known as an “open-record appeal hearing,” if no open-record predecision hearing has
been held on the project permit.
“Open space” means lands committed to farming and forestry uses and any
parcel, lot, or area of land or water essentially unimproved and set aside, dedicated,
designated, or reserved for public or private use or enjoyment.
“Open space tax program” means a county program associated with property
taxation. Land being used for agriculture may be enrolled in the tax program through the
county assessor. The tax program is independent of land use designation (i.e., zoning)
and these development regulations, except in the context of identifying “existing and
ongoing agriculture,” as defined and regulated in this code.
“Operator” means any person who is in actual physical or electronic control of a
powered watercraft, motor vehicle, aircraft, off highway vehicle, or any other engine
driven vehicle.
“Outdoor commercial amusement facility” means permanent developments
containing single or multiple outdoor amusements such as batting cages, go-cart tracks,
bumper cars, amusement rides, or games of chance. This shall not include casinos or
theme parks.
Outdoor Shooting Range. (See “shooting range.”)
Outdoor Storage Yards. (See “storage yard, outdoor.”)
“Overlay district” means a district that provides policies and regulations in
addition to those of other sections in this code for certain land areas and for uses which
warrant specific recognition and management. Except as otherwise provided, the
provisions of an overlay district shall prevail over any conflicting provisions of this code
for the duration of the overlay district, subject to RCW Title 36. The environmentally
sensitive areas overlay district (Article VI-D of Chapter 18.15 JCC) and its implementing
provisions for geologically hazardous areas, critical aquifer recharge areas, frequently
flooded areas, wetlands, and fish and wildlife habitat areas, shall take precedence over
any conflicting provision with another overlay district or subarea plan adopted pursuant
to this code.
“Owner” means an individual, firm, business entity, trust, association, syndicate,
partnership, or corporation having sufficient property interest to seek development of
land.
“Owner-occupied” means the residential occupancy of a building or property by
the owner. [Ord. 06-04 § 2; Ord. 11-00 § 2.3]
18.10.160 P definitions.
“Panhandle” means an irregular extension or protrusion of a lot created for the
purpose of providing such lot with frontage on a public or private road, street or access
way.
Parcel. (See “lot.”)
“Parent parcel” means each existing lot that is located within the perimeter of a
proposed boundary line adjustment application.
“Park” means a tract of land designated and used by the public for recreation.
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27
“Parking lot” means an off-street, ground level open area, usually improved, for
the temporary storage of motor vehicles.
“Parties of record” means the land use permit applicant; persons who have
testified at the open-record hearing; and any persons who have submitted written
comments concerning the application that forms part of the public record (excluding
persons who only signed petitions or mechanically produced form letters.)
“Performance standard” means a set of criteria or limits relating to certain
characteristics that a particular use or process may not exceed.
“Permit center” means the Jefferson County department of community
development.
“Permit review” means the process of reviewing applications for project permits
for consistency with the requirements of this code.
“Permit exemption statement” means a written statement of administrative finding
and conclusions that a land use or development is consistent with applicable regulations
and is not subject to permit requirements of this code.
“Permittee” means the entity to whom a permit is granted.
“Person” means any individual, owner, contractor, tenant, partnership,
corporation, business entity, association, organization, cooperative, public or municipal
corporation, agency of a state or local governmental unit however designated, public or
private institution, or an employee or agent of any of the forgoing entities.
“Personal and professional services” means for the purposes of this code,
establishments primarily engaged in providing assistance, as opposed to products, to
individuals, business, industry, government, and other enterprises, not listed specifically
in this code as a distinct use for regulatory purposes, such as laundry and dry cleaning
services; barber shops and beauty salons; locksmiths, banks, legal, engineering,
architectural, design, financial and accounting services, and the like.
“Pervious surface” means a surface that absorbs water.
“Planned rural residential development (PRRD)” means development
characterized by a unified site design, clustered residential units, and areas of common
open space pursuant to Article VI-M of Chapter 18.15 JCC.
“Planning department” means the Jefferson County department of community
development.
“Plat” means a map or representation of a subdivision or short subdivision of land
showing the division of a parcel of land into lots, roads, dedications, common areas,
restrictions and easements, as regulated by Chapter 58.17 RCW and this code.
Plat Alteration. (See “subdivision, alteration of.”)
Plat, Long. (See “subdivision, long.”)
Plat, Short. (See “subdivision, short.”)
Plat Vacation. (See “subdivision, vacation of.”)
“Playing field” means a land area designed and used for outdoor games, such as
baseball, football, soccer, track events and tennis. It includes public outdoor swimming
pools.
“Point-source discharge” means the release of waste or other flows which can be
described as confined to a small area, such as discharges from a pipe or conduit. Releases
occurring over a broad or undefined area are referred to as “nonpoint sources.” (See also
“nonpoint source.”)
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28
“Predecision hearing, open-record” means a hearing, conducted by the hearing
examiner, that creates the county’s record through testimony and submittal of evidence
and information, under procedures prescribed by the county by ordinance or resolution.
An “open-record predecision hearing” may be held prior to the county’s decision on a
project permit. (RCW 36.70B.020)
“Preliminary approval” means the final action of the county granting approval to a
short or long subdivision, subject to applicable conditions that must be fully satisfied
prior to final plat approval.
“Preliminary drainage plan” means information provided by an applicant which
includes a site plan and narrative and which describes existing natural and manmade
drainage patterns on and adjacent to the site of a proposed development and proposes
measures for collecting, treating, conveying, detaining, and discharging stormwater
generated by a development. A preliminary drainage plan is used to determine the erosion
control and stormwater management required to be implemented in conjunction with a
development. A preliminary drainage plan is conceptual in nature and does not include a
stormwater site plan or final engineered construction drawings.
“Preliminary plat” means a neat and approximate drawing of a proposed
subdivision showing the general layout of streets, lots, blocks (if applicable) and other
elements of a subdivision consistent with the provisions of this code.
“Primary use” means the principal use of a property.
“Prime farmland soil” means land that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is
available for these uses. (See Part 603.05, National Soils Handbook, Department of
Agriculture, Soil Conservation Service.) (WAC 365-190-030(1)(a)).
“Priority species” means all state and federal endangered, threatened, and
sensitive species, and all federal candidate species; and all species of local concern as
defined in this chapter.
“Private road” or “private street” means an approved road or street that is not
dedicated to the county and is used for access to secondary lots that have no direct access
to a public way.
“Project permit” or “project permit application” means any land use or
environmental permit or license required from the county for a project action., including,
but not limited to, subdivisions, planned rural residential developments (PRRDs),
conditional uses, shoreline substantial development permits, permits or approvals
required for development within environmentally sensitive areas (ESAs), site-specific
rezones authorized by the Jefferson County Comprehensive Plan, or formally adopted
subarea plan, but excluding the adoption or amendment of the Jefferson County
Comprehensive Plan, a subarea plan, or development regulations, except as otherwise
specifically included in Chapter 18.40 JCC.
“Prohibited uses” means any use or activity which is not specifically enumerated
or interpreted as allowable in the applicable land use district.
“Proof of ownership” means a photocopy of a recorded deed to property and/or a
current title insurance policy insuring the status of an applicant as the owner in fee title to
real property.
“Proprietor-occupied” means the residential occupancy by the owner of a building
or property.
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29
“Provision” means any written language contained in this code, including without
limitation, any definition, policy, goal, regulation, requirement, standard, authorization,
or prohibition.
“Public access areas” means ways or means of approach to provide the general
public with a physical entrance to a property.
“Public facilities (and services)” means facilities which serve the general public
including streets, roads, ferries, sidewalks, street and road lighting systems, traffic
signals, community water systems, community sewage treatment systems, storm sewer
systems, parks and recreational facilities, libraries, fire and police stations, emergency
medical services, municipal and county buildings, powerhouses, cemeteries and public
schools (see RCW 36.70A.030).
“Public livestock market” means any place, establishment or facility commonly
known as a “public livestock market,” “livestock auction market,” “livestock sales ring,”
yards selling on commission, or the like, conducted or operated for compensation or
profit as a public livestock market, consisting of pens and other enclosures, and their
appurtenances in which livestock is received, held, sold, or kept for sale or shipment. The
term does not include the operation of a person licensed under Chapter 16.65 RCW to
operate a special open consignment horse sale.
“Public purpose facilities” means lands and facilities needed to provide the full
range of services to the public provided by government, substantially funded by
government, contracted for by government, or provided by private entities to meet public
service obligations.
“Public meeting” means an informal meeting, hearing, workshop, or other public
gathering of people to obtain comments from the public or other agencies on a proposed
project permit prior to a decision. A public meeting may include, but is not limited to, a
community association meeting or a scoping meeting on a draft environmental impact
statement (DEIS). A public meeting does not include an open-record hearing. The
proceeding at a public meeting may be recorded and a report or recommendation may be
included in the county’s project permit application file.
“Public road, or public street” means an approved road or street, whether
improved or unimproved, held in public ownership or control (i.e., either through deed or
easement conveyance) and intended to be open as a matter of right to public vehicular
travel.
“Public schools” means a building (and grounds) or part thereof designed,
constructed, or used for publicly operated education and/or instruction.
“Public services” means services available to and used by the general public.
They may be, but are not necessarily, provided by a public agency for fire protection and
suppression, law enforcement, public health, education, recreation, environmental
protection, and other governmental services. (RCW 36.70A.030(13))
“Public transportation systems” means public facilities for air, water, or land
transportation.
“Public way” means any publicly owned land set aside for utilities, surface
transportation purposes, including motorized vehicular and nonmotorized (e.g., bicycle
and pedestrian) transportation, whether improved or unimproved. [Ord. 6-04 § 2; Ord. 6-
03 § 2; Ord. 11-00 § 2.3]
18.10.170 Q definitions.
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“Qualified wetlands consultant” means a person who has the qualifications to
conduct wetland studies and make recommendations for wetland mitigation. These
qualifications include specialization in wetland biology, botany, and hydrology, with
appropriate education and experience. [Ord. 11-00 § 2.3]
18.10.180 R definitions.
“Rare, endangered, threatened and sensitive species” means plant and animal
species identified and listed by the Washington State Department of Natural Resources,
Washington Natural Heritage Program, Washington State Department of Fish and
Wildlife, or the U.S. Fish and Wildlife Service, as being severely limited or threatened
with extinction within their native ranges.
“RCW” means the Revised Code of Washington.
"Reclamation" means rehabilitation for the appropriate future use of disturbed
areas resulting from surface mining including areas under associated mineral processing
equipment, areas under stockpiled materials, and aboveground waste rock and tailing
facilities, and all other surface disturbances associated with underground mines. Although
both the need for and the practicability of reclamation will control the type and degree of
reclamation in any specific surface mine, the basic objective shall be to reestablish on a
perpetual basis the vegetative cover, soil stability, and water conditions appropriate to the
approved subsequent use of the surface mine and to prevent or mitigate future
environmental degradation.
"Reclamation setbacks" include those lands along the margins of surface mines
wherein minerals and overburden shall be preserved in sufficient volumes to accomplish
reclamation according to the approved plan and the minimum reclamation standards.
Maintenance of reclamation setbacks may not preclude other mine-related activities
within the reclamation setback.
“Recording” means the filing of a document(s) for recordation with the county
auditor.
“Recreational development” means parks and facilities for camping, indoor and
outdoor sports, and similar developments.
“Recreational park trailer” means a trailer-type unit that is primarily designed the
provide temporary living quarters for recreational, camping or seasonal use, that meets
the following criteria: (a) built on a single chassis, mounted on wheels; (b) Having a
gross trailer not exceeding 400 square feet in the set-up mode; (c) certified by the
manufacture as complying with ANSI A119.5.
“Recreational vehicle (RV)” means a vehicle designed primarily for recreational
camping or travel use that has its own motive power or is mounted on or towed by
another vehicle, including travel trailers, fifth-wheel trailers, folding camping trailers,
truck campers, and motor homes, but not mobile homes (RCW 43.22.335).
“Recreational vehicle park” means a commercially developed tract of land in
which two or more recreational vehicle sites are established as the principal use of the
land.
“Recycling” means the process of segregating solid waste for sale, processing,
and beneficial use. Materials which can be removed through recycling include but are not
limited to newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling
does not include combustion of solid waste or preparation of a fuel from solid waste.
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31
“Recycling center” means an area, with or without buildings, upon which used
materials are separated and processed for shipment.
“Recycling collection facilities” means neighborhood facilities for the drop-off
and temporary storage of recyclables but without waste processing.
“Religious assembly facility” means a facility designed and used primarily for
ceremonies, rituals, and education pertaining to a particular system of spiritual beliefs
(e.g., a church).
“Residential care facility” means a facility that provides room, board and care
with 24-hour supervision for persons who, by reason of circumstance or condition,
require care. This may include care for the aged or functionally disabled persons but shall
not include correctional facilities, inpatient substance abuse or inpatient mental health
facilities that are otherwise identified as essential public facilities by the Comprehensive
Plan and regulated under JCC 18.15.110.
“Residential development” means development of land with dwelling units for
nontransient occupancy. For the purposes of this code, accessory dwelling units, garages,
and other similar structures accessory to a dwelling unit shall also be considered
residential development unless regulated otherwise by this code or subarea plans. (See
also “dwelling unit” and “accessory dwelling unit.”)
“Resource lands” means agricultural, forest, and mineral lands that have long-
term commercial significance.
“Resource-based industrial” means a forest resource-based industrial land use
designation that recognizes existing, active sawmills and related activities.
“Resource management system” means a conservation system that meets or
exceeds the quality criteria in the NRCS FOTG for resource sustainability for all
identified resource concerns for soil, water, air, plants and animals.
“Restoration” means to return to an original or like condition.
“Restriction” means a limitation placed upon the use of parcel(s) of land.
“Retail sales and services” means establishments engaged in retail sales of goods,
including, but not limited to, the retail sale of merchandise not specifically listed under
another use classification in Table 3-1 in JCC 18.15.040. This classification includes, but
is not limited to, department stores, clothing stores, shoe stores, jewelry stores, hardware
stores, furniture stores, antique stores, pharmacies, appliance stores, agricultural feed and
supply stores, stationary stores, office supply stores and other similar uses; and
establishments engaged in the sale of services directly to the consumer including, but not
limited to, small equipment repair, plumbing and electrical repair services, and other
similar uses.
Right-of-Way. (See “public way.”)
“Right-to-farm provisions” means provisions intended to enhance and encourage
agricultural operations by recognizing agricultural activities as essential rural activities
that do not constitute a nuisance.
“Right-to-forestry provisions” means provisions intended to enhance and
encourage sustainable forestry operations by recognizing forestry activities as essential
rural activities that do not constitute a nuisance.
“Road” means an improved and maintained public or private right-of-way which
provides vehicular access to abutting properties, and which may also include provision
for public utilities, pedestrian access, cut and fill slopes, and drainage.
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“Road, access” means a road that functions solely to provide access to two or
more properties.
“Road, arterial” means roads designated as arterial roads in the Transportation
Element of the Comprehensive Plan.
“Road, collector” means:
(a) Roads designated as collector roads in the Transportation Element of the
Comprehensive Plan.
(b) A street or road whose principal function is to carry traffic between access and
arterial roads and streets.
“Road, primary” means any existing or proposed road designated as an arterial or
collector road in the Transportation Element of the Comprehensive Plan or so designated
by the Jefferson County engineer.
“Road end” means:
(a) A road closed at one end that may be designed for future road extensions.
(b) The point at which a public road meets the tidelands or a body of water.
“Roadway” means that portion of an approved road or street intended for the
accommodation of vehicular traffic, generally between curb lines on an improved
surface.
“Runoff” means water that is not absorbed into the soil but rather flows along the
ground surface following the topography.means water originating from rainfall and other
precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds
lakes and wetlands as well as shallow ground water. In addition, that portion of rainfall
or other precipitation that becomes surface flow and interflow.
“Runway” means the defined area at an airport, airfield, or airstrip indicated for
landing and takeoff of aircraft along its length.
“Rural character” means a quality of the landscape dominated by pastoral,
agricultural, forested, and natural areas interspersed with single-family homes, limited
economic development, and farm structures. Rural character refers to the patterns of land
use and development established by the Comprehensive Plan:
(a) In which open space, the natural landscape, and vegetation predominate over the
built environment;
(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to
both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and
communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife
habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low
density development;
(f) That generally do not require the extension of urban governmental services; and
(g) That are consistent with the protection of natural surface water flows and
groundwater and surface water recharge and discharge areas. [cf. RCW 36.70A.030(14)]
“Rural commercial designation” means the land use designation of the
Comprehensive Plan designed to provide opportunities for some commercial uses to be
located in rural areas.
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“Rural commercial uses” means the use of land or the use or construction of
structures or facilities involving the retail sale of goods or services which is either
unsuitable for a rural village center or rural crossroad or is better suited to rural lands and
that does not require urban governmental services.
“Rural crossroads” means those areas established by virtue of historic
transportation patterns and characterized by existing concentrations of small-scale
commercial uses fronting on, or in close proximity to, major transportation routes and
intersections. The following three types of commercial rural crossroads exist in Jefferson
County: neighborhood/visitor crossroads, convenience crossroads, and general
crossroads:
Convenience Crossroads (CC). Those crossroads that provide a limited selection
of basic retail goods and services, and serve a lower intensity population base and the
traveling public. Convenience crossroads are characterized by a single
convenience/general store. There are three convenience crossroads in Jefferson County:
Nordland, Beaver Valley and Wawa Point.
Neighborhood/Visitor Crossroads (NC). Those crossroads which provide multiple
uses and services serving both the local community and the traveling public. There are
five neighborhood/visitor crossroads identified in Jefferson County: Mats Mats,
Discovery Bay, Four Corners, Chimacum and Gardiner.
General Crossroads (GC). Similar to neighborhood crossroads, general crossroads
serve a higher local population base and offer a wider variety of goods and services.
There are three general crossroads identified in Jefferson County: Ness’ Corner, Irondale
Corner and SR 19/20 Intersection.
“Rural governmental services” means those public services provided to rural areas
at a scale consistent with the rural character of the area.
“Rural lands” means the class of land use designations which are intended to
preserve the rural character of the county. Rural land designations include the following:
rural residential, rural commercial, and rural industrial.
“Rural recreational lodgingor cabins” means a rural commercial establishment
consisting of tourist lodging facilities such as cabins and/or motel, hotel, inn or lodge
units that provide for overnight sleeping accommodations and may also provide limited
small-scale conference or retreat facilities consistent with the standards set forth in JCC
18.20.350.
“Rural residential designation” means the land use designation in the
Comprehensive Plan designed to recognize existing residential development patterns of
the rural landscape and provide for a variety of residential living opportunities at
densities which maintain the primarily rural residential character of an area.
“Rural village center” means small, unincorporated commercial and residential
community centers that provide a rural level of services and which serve as a focal point
for the local population. In Jefferson County these centers include: Port Hadlock,
Quilcene and Brinnon. [Ord. 06-04 § 2; Ord. 11-00 § 2.3]
18.10.190 S definitions.
“Sale” means the conveyance for consideration of legal or beneficial ownership.
“Salt water intrusion” means the underground flow of salt water into wells and
aquifers.
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“Screening” means a method of visually shielding or obscuring a structure or use
from view by fencing, walls, trees, or densely planted vegetation.
“Seaward” means to or toward the sea.
Seawater Intrusion. (See “salt water intrusion.”)
“Seawater intrusion protection zone (SIPZ)” means aquifers and land overlying
aquifers with some degree of vulnerability to seawater intrusion.
“Sedimentation” means the process by which material is transported and
deposited by water or wind.
“Seismic hazard areas” means areas subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
“Sensitive species” means species that could become threatened as classified by
the State of Washington Department of Fish and Wildlife, Nongame Program, and the
Department of Natural Resources, Washington Natural Heritage Plan.
“Septage” means the mixture of solid, semi-solid, and liquid wastes, scum, and
sludge that is pumped from within septic tanks, pump chambers, holding tanks, and other
septic system components.
“Service area” means a geographic area defined by a county or intergovernmental
agreement in which a defined set of public facilities provides service to development
within the area (e.g., an area identified by a public water system that includes the ability
to provide a water tap).
“Setback” means the distance a structure is placed behind a specified line or
topographic feature.
“Sewerage treatment facilities” means the management, storage, collection,
transportation, treatment, utilization, and processing of sewage from a municipal or
community sewage treatment plant, not including community drain fields.
“Shooting range” means a facility specifically designed and used for safe shooting
practice with firearms and/or for archery practice, with individual or group firing
positions for specific weaponry.
“Shoreline Management Act” means the Shoreline Management Act of 1971
(Chapter 90.58 RCW), as amended.
“Shoreline Master Program (SMP)” means the Jefferson County Shoreline Master
Program.
“Short plat” means a neat and accurate drawing of a short subdivision, prepared
for filing for record with the county auditor, and containing all elements and requirements
set forth in Chapter 18.35 JCC.
“Sign” means any object, device, display or structure, or part thereof, situated
outdoors or indoors, which is used to advertise, identify, display, direct or attract
attention to an object, person, institution, organization, business, product, service, event
or location by any means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. Excluded from this definition are signs required
by law, such as handicapped parking signs, and the flags of national and state
governments.
“Sign, commercial” means a sign that directs attention to a business or profession,
to a commodity or service sold, offered, or manufactured, or to an entertainment offered
on the premises where the sign is located.
“Sign, freestanding” means a sign not attached to a structure.
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35
“Single-family residence” means a dwelling unit designed for and occupied by no
more than one family.
“Small-scale” means of a size or intensity which has minimal impacts on the
surrounding area and which makes minimal demands on the existing infrastructure.
“Small-scale recreation or tourist uses” means those isolated uses which are
leisure or recreational in nature; are reliant upon a rural setting or location; do not include
any new residential development beyond that allowed in the underlying land use district;
and otherwise meet the performance standards in JCC 18.20.350. See RCW
36.70A.070(5)(d)(ii).
“Small equipment repair, sales and rental services” means commercial
establishments engaged primarily in the repair, and/or rental and sale of small equipment,
including, but not limited to, tools, watches, appliances, televisions and other electronic
devices, computers, lawnmowers, bicycles and similar items.
“Soil log” means the excavation and written record of soil septic suitability as per
health department written guidelines and requirements.
“Solid waste disposal” means the act or process of disposing of rubbish and
garbage.
“Solid waste” means all putrescible and non-putrescible solid and semi-solid
wastes, except wastes identified in WAC 173-304-015, including, but not limited to, junk
vehicles, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction
wastes, abandoned vehicles or parts thereof, and discarded commodities, but excluding
agricultural wastes and crop residues returned to the soil at agronomic rates. This
includes all liquid, solid and semi-solid materials which are not the primary products of
public, private, industrial, commercial, mining and agricultural operations. Solid waste
includes but is not limited to sludge from waste water treatment plants and septage from
septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues
from recycling operations shall be considered solid waste.
“Sound” means an oscillation in pressure, particle displacement, particle velocity,
or other physical parameter in a medium with internal forces that causes compression and
rarefaction of that medium, including any characteristics of sound, such as, duration,
intensity, and frequency.
“Source of contamination” means a facility or disposal or storage site for material
that impairs the quality of groundwater to a degree that creates a potential hazard to the
environment, public health, or interferes with a beneficial use; or in reference to well
drilling, a specific area or source as defined in WAC 173-160-171.
“Special flood hazard” means land in the floodplain subject to a one percent or
greater chance of flooding in any given year.
“Special report” means a technical report or study containing certain site analyses
or project evaluations or a plan describing mitigation or monitoring recommendations.
“Sprawl, low density” means scattered, poorly planned low density development
that occurs particularly in urban fringe and rural areas and frequently invades land
important for environmental and natural resource protection. Sprawl typically manifests
itself in one or more of the following patterns:
(a) Leap frog development: when new development of urban or suburban character is
sited away from an existing developed urban or suburban area, bypassing vacant parcels
located in or closer to the developed area that are suitable for development;
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(b) Strip development: when large amounts of commercial, retail, or other
nonresidential development are located in a linear pattern along one or both sides of a
major arterial or collector and, typically, accessing directly onto the arterial or collector;
and
(c) Large expanses of low density, single-family dwelling development, outside of
urban areas, rural village centers, or master planned resorts, that are located in relatively
close proximity to one another.
“State endangered species” means a species native to the state of Washington that
is seriously threatened with extinction throughout all or a significant portion of its range
within the state. Endangered species are legally designated in WAC 232-12-014.
“State sensitive species” means a species, native to the state of Washington, that
is vulnerable or declining and is likely to become endangered or threatened in a
significant portion of its range within the state without cooperative management or the
removal of threats. Sensitive species are legally designated in WAC 232-12-011.
“State threatened species” means a species, native to the state of Washington, that
is likely to become endangered in the foreseeable future throughout a significant portion
of its range within the state without cooperative management or the removal of threats.
Threatened species are legally designated in WAC 232-12-011.
“Stockyard” means any place, establishment, or facility commonly known as a
stockyard consisting of pens or other enclosures and their appurtenances in which
livestock services such as feeding, watering, weighing, sorting, receiving and shipping
are offered to the public; provided, that “stockyard” shall not include any facilities where
livestock is offered for sale at public auction, feed lots, or quarantined registered feed
lots.
“Storage yard, outdoor” means an outdoor area used for the storage of equipment,
vehicles or materials for periods exceeding 72 hours.
“Street” means a public or private thoroughfare or easement that affords primary
means of access. For the purposes of Chapter 18.35 JCC, the definition of street includes
all public and private utilities such as communication lines, cable television lines,
electrical lines and equipment, gas distribution lines, stormwater, sidewalks, and other
similar facilities commonly found in street rights-of-way.
“Street or road frontage” means the length along a street which a structure,
business, or lot abuts or fronts.
“Structure” means a permanent or temporary edifice or building or any piece of
work artificially built up or composed of parts joined together in some definite manner,
whether installed on, above, or below the surface of the ground or water, except for
vessels (WAC 173-27-030).
“Subarea plan” means a detailed plan consistent with but more specific than this
code or the Comprehensive Plan. It may be a detailed land use plan for a specific
geographic area, or a functional long-range plan for a land use or resource issue of
county-wide concern.
“Subdivision” means the division or redivision of land into lots, tracts, parcels
sites or divisions for the purpose of sale, lease or transfer of ownership.
“Subdivision, long” means the division or redivision of land into five or more
lots, tracts, parcels or sites or divisions for the purpose of sale, lease, or transfer of
ownership.
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“Subdivision, phased” means a subdivision that is developed in increments over a
period of time.
“Subdivision, short” means the division or redivision of land into four or fewer
lots, tracts, parcels or sites or divisions for the purpose of sale, lease, or transfer of
ownership.
“Subdivision, alteration of” means the alteration of lots or changes in dedications
or restrictions or easements shown on the face of a plat of a subdivision or short
subdivision; except as provided by RCW 58.17.040(6) for boundary line adjustments.
“Subdivision development standards” means the county’s engineering, design and
construction standards and specifications contained in Chapter 18.30 JCC, including any
incorporated standards, governing the construction of public and private improvements
serving new divisions of land. The county’s subdivision development standards include
the adopted public works standards for design and construction of transportation facilities
and standards for clearing and grading, erosion control, stormwater facilities, and water
and sewage disposal improvements.
“Subdivision, vacation of” means the removal of lots, boundaries, roads,
dedications, restrictions, or easements of a recorded subdivision or short subdivision.
“Substantial improvement” means any maintenance, repair, structural
modification, addition or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either before the maintenance,
repair, modification, or addition is started or before the damage occurred, if the structure
had been damaged and is being restored.
"Surface mine" means any area or areas in close proximity to each other, as
determined by the department, where extraction of minerals results: a) in more than three
acres of disturbed area, b) surface mined slopes greater than thirty feet high and steeper
than 1.0 foot horizontal to 1.0 foot vertical, c) more than one acre of disturbed area within
an eight acre area; when the disturbed area results from mineral prospecting or
exploration activities. Surface mines include areas where mineral extraction from the
surface or subsurface occurs by the auger method or by reworking mine refuse or tailings,
when the disturbed area exceeds the size or height thresholds listed in of this definition.
Surface mining occurs when operations have created or are intended to create a surface
mine as defined by this subsection. Surface mining shall exclude excavations or grading
used primarily for on-site construction, on-site road maintenance, or on-site landfill
construction, for the purpose of public safety or restoring the land following a natural
disaster, for the purpose of removing stockpiles, for forest or farm road construction or
maintenance on site or on contiguous lands, primarily for public works projects if the
mines are owned or primarily operated by counties with 1993 populations of less than
twenty thousand persons, and if each mine has less than seven acres of disturbed area,
and for sand authorized by RCW 79A.05.630.
Surrounding (Area or Property). A lot of record shall be considered to be a
“surrounding” property with respect to the subject parcel or parcels if any portion of that
lot of record is within 300 feet of any boundary of the subject parcel(s) when the subject
parcel(s) is/are designated on the land use map as rural, residential, resource area, or
parks preserve and recreation and shall be considered surrounding if any portion of the lot
of record is within 100 feet of any boundary of the subject parcel(s) when the subject
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parcel(s) is/are designated as urban growth area or rural commercial. For industrial the
criteria for “surrounding” property shall be 600 feet.
“Sustainable” means actions or activities which preserve and enhance resources
for future generations. [Ord. 06-04 § 2; Ord. 6-03 § 2; Ord. 9-02 § 1; Ord. 11-00 § 2.3]
18.10.200 T definitions.
“Threatened species” means a species that is likely to become an endangered
species within the foreseeable future, as classified by the Washington Department of Fish
and Wildlife, Wildlife Policy No. 602, and the Department of Natural Resources,
Washington Natural Heritage Program.
“Threshold determination” means the decision by the responsible official under
the State Environmental Policy Act (SEPA) regarding the likelihood that a project or
other “action” (WAC 197-11-704) will have a probable significant adverse impact on an
element of the environment.
“Timber land” means land supporting or capable of supporting a stand of
merchantable timber and which is not being developed or used for an activity which is
incompatible with timber production.
Tract. (See “lot.”)
“Trailer” means a structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials, goods, or
objects, or as a temporary office.
“Transfer of development rights (TDR)” means the transfer of the right to develop
or build, expressed in dwelling units per acre, from land in one land use designation to
land in another designation or from one property owner to another, where such a transfer
is permitted.
“Transient accommodations” means a commercial use involving the rental of any
structure or portion thereof for the purpose of providing lodging for periods less than 30
days.
“Transient residence or transient ADU” means a single-family residential unit or
ADU used for
short-term transient occupancy (for periods less than 30 days).
“Transitional surface” means the surface which extends outward and upward at
90-degree angles to a runway centerline and the runway centerline extended, at a slope of
seven feet horizontally for each foot vertically, beginning from the sides of the primary
surface and approach zones to where they intersect the horizontal surface.
“Transportation facilities” means roads, trails, airports, airfields, public docks,
ferries and related terminals, and parking areas.
“Tree line” means the line created by existing trees, at the trunk line, growing in a
generally continuous line, as opposed to a line drawn between a few isolated trees. [Ord.
11-00 § 2.3]
18.10.210 U definitions.
“Uniform Building Code (UBC)” means the building code officially adopted by
Jefferson County.
“Unimproved, dormant platted land” means land within the limits of a plat
recorded prior to 1937 that, as of the date of the initial adoption of the ordinance codified
in this Unified Development Code, does not contain a building that is or has been used as
a dwelling unit or as a viable business facility.
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“Uplands” means lands outside of the jurisdiction of the Shoreline Master
Program.
Urban Services. Pursuant to RCW 36.70A.030 (19), urban services are those
public services and public facilities at an intensity historically and typically provided in
cities, specifically including storm and sanitary sewer systems, municipal water systems,
street cleaning services, fire and police protection services, public transit services, street
improvements such as sidewalks, curbs and gutters and other public utilities associated
with urban areas and normally not associated with rural.
“Urban growth” means growth that makes intensive use of land for the location of
buildings, structures, and impermeable surfaces to such a degree as to be incompatible
with the primary use of such land for the production of food and other agricultural
products, or forests, or the extraction of mineral resources.
“Urban growth area” means an area designated by the county within which urban
growth is to be encouraged and outside of which growth is not intended to be urban in
nature. (cf. Chapter 36.70A RCW)
“Use” means the purpose that land or building or structures now serve or for
which they are or may be occupied, maintained, arranged, designed, or intended.
“Utilities” means facilities serving the public through a network of wires or pipes,
and ancillary structures thereto, including systems for the delivery of natural gas,
electricity, and telecommunications services.
“Utility distribution lines” means pipes, wires, and associated structural supports.
“Utility facilities” means facilities directly used for the distribution or
transmission of services to an area, excluding utility service offices.
“Utility substations” means the intermediate substations used for the transmission
of utilities. (See “utility facilities.”)
“Utility transmission lines” means pipes, wires and associated structural supports.
[Ord. 11-00 § 2.3]
18.10.220 V definitions.
“Vacation, roads and streets” means a statutory procedure by which the county
may relinquish its interest in streets, alleys, or easements.
“Variance” means the means by which an adjustment is made in the application of
the specific bulk, dimensional, or performance standards set forth in this code to a
particular piece of property, which property, because of special circumstances applicable
to it is deprived of privileges commonly enjoyed by other properties in the same land use
designation or vicinity and which adjustment remedies disparity in privileges. Variances
shall not be used to vary from the allowable, conditional and prohibited uses set forth in
Table 3-1 in JCC 18.15.040.
“Variance, major” means all variances other than those meeting the definition of a
minor variance.
“Variance, minor” means variances that would permit expansion of an existing
building that would extend no more than 10 percent beyond the dimensional, area and
bulk requirements specified by this code. Minor variances also include variances to allow
expansion of an existing building that is nonconforming as to setback or lot coverage
requirements when the proposed expansion would not:
(a) Increase the nonconformity of the building; and
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(b) Result in any portion of the building or expansion being located closer to the
nearest abutting property line than does the existing building at its nearest point to the
property line.
“Vicinity” means, in rural and resource lands, the area generally within one mile
of the exterior boundary of a given parcel. [Ord. 11-00 § 2.3]
18.10.230 W definitions.
“WAC” means the Washington Administrative Code.
“WADOT” (See WSDOT or DOT)
“Warehouse (or wholesale distribution center)” means a building, establishment
or place of business used primarily for the storage of goods and materials for commercial
or industrial purposes. Retail sales from such establishments shall be incidental to the
primary use and limited to that allowed by JCC 18.20.220, Industrial uses – Standards for
site development.
Warehouse, Agricultural. (See “agricultural warehouse (public warehouse)”)
“Water conservation” means a reduction in the amount of water used to carry out
a beneficial water use without a reduction in the value of service the water provides.
“Water, ground” means all waters that exist beneath the land surface or beneath
the bed of any stream, lake or reservoir, or any other body of water within the boundaries
of the state, as defined in RCW 90.44.035.
“Water, potable” means water suitable for human consumption.
“Water purveyor” means any agency or subdivision of the state or any municipal
corporation, firm, company, mutual or cooperative association, institution, partnership, or
person or any other entity that owns or operates a public water system. Includes the
authorized agents of any such entities.
“Water storage tanks” means tanks or reservoirs used for the storage of water.
“Water supply plans” means a design sketch showing proposed source and lots to
be served or detailed engineering plans and specifications.
“Water system, alternative” means any source of water for an individual single-
family use other than a legally constructed well that produces more than 400 gallons per
day, or an approved public water system that can provide adequate water for the intended
use of a structure.
“Water system, approved” means any water source approved by the county health
department and Washington Department of Health, including but not limited to, wells,
ponds, roof collection systems, treated systems, and public water supplies.
“Water system, individual (residential)” means any water supply system which is
not subject to the State Board of Health drinking water regulations, Chapter 246-290
WAC. An individual water supply system generally provides water to one single-family
residence and no more than one accessory dwelling unit, or in the case of family farms,
four or fewer connections on the same farm.
“Water system, public” means any water system subject to the State Board of
Health drinking water regulations, Chapter 246-290 WAC, excluding a system serving
only one single-family residence or a system with four or fewer connections all of which
serve residences on the same farm, providing piped water for human consumption,
including (a) any collection, treatment, storage or distribution facilities which are under
control of the purveyor and used primarily in connection with a system, and (b) any
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collection of pretreatment storage facilities which are not under the control of the
purveyor but are primarily used in connection with the system.
“WDFW” means Washington Department of Fish and Wildlife.
“WDOE” means the Washington Department of Ecology. (See “Ecology.”)
“Well testing” means acquiring data directly from a constructed well in order to
determine characteristics of the well, the water found in the well, or the geologic
formations through which the well has passed. The well test may include pump testing,
water quality testing, or geophysical testing.
“Wetland” means an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas. Wetlands do not include those artificial wetlands intentionally created from
nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, excepting those wetlands created for mitigation purposes.
“Wetland alteration” means any human-induced action which impacts the existing
condition of a wetland or its buffer. Alterations include but are not limited to: grading;
filling; dredging; draining; channelizing; installing drainage tiles; cutting, pruning,
limbing or topping, clearing, relocating, planting or removing vegetation; applying
herbicides or pesticides or any hazardous or toxic substance; discharging pollutants
excepting stormwater; grazing domestic animals; paving, construction, application of
gravel; modifying for surface water management purposes; or any other human activity
that impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration
does not include walking, passive recreation, fishing, or other similar activities.
“Wetland buffer” means the area immediately adjoining and contiguous with a
wetland.
“Wetland creation” means the action performed to intentionally establish a
wetland or a portion of a wetland where one did not formerly exist.
“Wetland delineation” means the technical process of determining the edge of the
wetland in the field and ascertaining its classification and value.
“Wetland edge” means the boundary of a wetland as identified using the required
wetland delineation procedure.
“Wetland, emergent” means a regulated wetland, or portion thereof, with at least
30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the
uppermost vegetative strata.
“Wetland enhancement” means alteration of an existing wetland or habitat to
improve or increase its characteristics and processes without degrading other existing
functions. Enhancements are to be distinguished from wetland or habitat creation or
restoration projects.
“Wetland, forested” means a regulated wetland, or portion thereof, with at least
20 percent of the surface area covered by woody vegetation greater than 20 feet in height.
“Wetland functions and values” means the beneficial roles performed by wetlands
include but are not limited to: water quality protection and enhancement; fish and wildlife
habitat; food chain support; flood storage, conveyance and attenuation; groundwater
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recharge and discharge; erosion control; wave attenuation; historical and archaeological
and aesthetic value; and recreation.
“Wetland, isolated” means those regulated wetlands which:
(a) Are outside of and not contiguous to any 100-year floodplain of a lake, river, or
stream;
(b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland
and any surface water; and
(c) Have no surface water connection to a lake, river, or stream during any part of the
year.
“Wetland, maintenance and repair” means activities that change the size or scope
of a use or structure beyond its original nature; or which drain, dredge, fill, flood, or
otherwise alter additional regulated environmentally sensitive areas.
“Wetland, regulated” means a wetland that meets the standards of this code.
However, a wetland that does not meet these standards may still be regulated under the
federal Clean Water Act.
“Wetland restoration” means the actions performed to re-establish a wetland in an
area which was historically wetland but which does not now provide or contain the
necessary functional characteristics.
“Wetland, scrub-shrub” means a regulated wetland with at least 30 percent of its
surface area covered by woody vegetation less than 20 feet in height as the uppermost
strata.
“Wildlife (wildlife species)” includes both plant and animal species for the
purposes of this code. [Ord. 06-04 § 2; Ord. 6-03 § 2; Ord. 11-00 § 2.3]
“WSDOT” means Washington State Department of Transportation (See
“WADOT” or “DOT”).
18.10.240 X definitions.
“Xeriscaping” means a water-conserving method of landscaping that utilizes
native or other plants that are drought-tolerant. [Ord. 11-00 § 2.3]
18.10.250 Y definitions.
Reserved. [Ord. 11-00 § 2.3]
18.10.260 Z definitions.
Reserved. [Ord. 11-00 § 2.3]
Draft 6/26/06
43
Draft 6/26/06
44