HomeMy WebLinkAbout08 0710 06 Attachment - Chapter 18 40 Permits
Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Sections:
Article I. Types of Project Permits
18.40.010 Purpose.
18.40.020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40.040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40.060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications (Type I – IV)
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Submission of acceptance of application determination of completeness –
Additional information and project revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice – Generally.
18.40.160 Notice of application – When required.
18.40.170 Notice of application – Time of issuance.
18.40.180 Notice of application – SEPA exempt projects.
18.40.190 Notice of application – Contents.
18.40.200 Notice of application – SEPA integration.
18.40.210 Notice of application – Mailing, publication, and posting requirements.
18.40.220 Notice of application – Public comment.
18.40.230 Notice of public hearing.
18.40.240 Additional public notice requirements – Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
18.40.270 Administrative approval subject to notice (Type II).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of
Type II Decisions).
18.40.290 Appellate hearing examiner action (appeals of Type III decisions).
18.40.300290 Board of county commissioners action (Type IV decisions).
18.40.3100 Procedures for public hearings.
18.40.320 Procedures for closed record hearings and appeals.
18.40.3310 Reconsideration.
18.40.340 Remand.
18.40.3520 Final decision.
Article V. Appeals
18.40.3630 Administrative appeals.
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18.40.3740 Judicial appeals.
Article VI. Unified Development Code Interpretation
18.40.3850 Purpose.
18.40.3960 Submission requirements.
18.40.400370 Administrator’s decision.
18.40.41380 Time limitation and enforcement.
18.40.420390 Appeals of administrator’s interpretations.
18.40.43400 Judicial appeal.
Article VII. Site Plan Approval Advance Determinations
18.40.4410 Purpose.
18.40.4520 Scope.
18.40.4630 Application requirements.
18.40.4740 Application review.
18.40.4850 Approval criteria.
18.40.4960 Duration of approval.
18.40.500470 Limitations on approval.
18.40.51480 Modifications to an approved site plan.
Article VIII. Conditional Uses
18.40.52490 Purpose.
18.40.5300 Scope.
18.40.5410 Application submittal and contents.
18.40.5520 Conditional use permit types – Review processes.
18.40.5630 Approval criteria for all conditional uses.
18.40.5740 Additional conditions.
18.40.5850 Use of property before final decision.
18.40.5960 Effective period – Expiration.
18.40.60570 Modification of a conditional use permit.
18.40.61580 Conditional use permit to run with the land.
18.40.62590 Permit suspension or revocation.
18.40.6300 Assurance device.
Article IX. Variances (Minor and Major)
18.40.6410 Purpose.
18.40.6520 Scope.
18.40.6630 Application submittal and contents.
18.40.6740 Variance types – Review processes.
18.40.6850 Approval criteria.
18.40.6960 Additional conditions.
18.40.70670 Limitation on authority.
18.40.71680 Effective period – Expiration.
18.40.720690 Assurance device.
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.7300 Authority.
18.40.7410 Purpose.
18.40.7520 Responsible official – Decision-making authority.
18.40.7630 Lead agency determination and responsibilities.
18.40.7740 Initiation of SEPA review – Limitations on actions during review.
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18.40.7850 Categorically exempt actions – Use of existing documents and analyses.
18.40.7960 Analysis of nonexempt project and nonproject actions.
18.40.78700 Substantive authority.
18.40.81780 Public notice and comment.
18.40.82790 Public hearings and meetings.
18.40.8300 Environmentally sensitive areas.
18.40.8410 Appeals.
Article XI. Development Agreements
18.40.8520 Purpose.
18.40.8630 General requirements.
18.40.8740 Development standards to be addressed.
18.40.8850 Procedures.
18.40.8960 Effect.
Article I. Types of Project Permits
18.40.010 Purpose.
Articles I through VI of this Unified Development Code Chapter are a mechanism
for implementing the provisions of Chapter 36.70B RCW (the Local Project Review Act)
regarding compliance, conformity, and consistency of proposed projects with the
Jefferson County Comprehensive Plan and development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the
public have made and will continue to make in Jefferson County’s Comprehensive Plan
and development regulations, it is essential that project review start from the fundamental
land use planning choices made in the Comprehensive Plan and regulations. If the
Comprehensive Plan or regulations identify the type of land use, specify density and
identify and provide for the provision of public facilities needed to review the proposed
development and site, these decisions, at a minimum, provide the foundation for further
project review unless there is a question of code interpretation. The project review
process, including the environmental review process under Chapter 43.21C RCW and the
consideration of consistency, should start from this point and should not reanalyze these
land use planning decisions in making a permit decision, unless the county finds that the
Comprehensive Plan and regulations do not fully foresee site-specific issues and impacts
identified through land use project application review.
(2) Comprehensive plans and development regulations adopted by the county under
Chapter 36.70A RCW (the Growth Management Act), sub-area plans, and environmental
policies, laws and rules adopted by the county, the state, and the federal government
address a wide range of environmental subjects and impacts. These provisions typically
require environmental studies and contain specific standards to address various impacts
associated with a proposed development (e.g., building size and location, drainage,
transportation requirements, and protection of environmentally sensitive areas). When the
county applies these existing requirements to a proposed project, some or all of a
project’s potential environmental impacts may be avoided or otherwise mitigated.
Through the integrated project review process described in Articles I through V of this
chapter, the administrator will determine whether existing requirements, including the
applicable regulations or plans, adequately analyze and address a project’s environmental
impacts. Project review generally should not require additional studies and mitigation
under Chapter 43.21C RCW where existing regulations adequately address a proposed
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project’s probable significant adverse environmental impacts. Development regulations
enable project review through the application of established scientific standards, required
studies and standard mitigation measures. [Ord. 11-00 § 8.1(1)]
18.40.020 Procedures for processing project development permit applications.
For the purpose of project permit processing under this code, all development
permit applications shall be classified as one of the following: Type I, Type II, Type III,
or Type IV. Legislative decisions are classified as Type V actions and are addressed in
Chapter 18.45 JCC. Exemptions from the requirements of project permit application
processing are set forth in JCC 18.40.080. [Ord. 11-00 § 8.1(2)]
18.40.030 Determination of proper type of procedure.
(1) Determination by the Administrator. The administrator shall determine the proper
procedure for all development applications. If there is a question as to the appropriate
type of procedure, the administrator shall resolve it in favor of the higher numbered
procedure type, except as specifically authorized for discretionary conditional use permits
under JCC 18.40.5520(2).
(2) Optional Consolidated Permit Processing. An application that involves two or
more procedures may be processed collectively under the highest numbered procedure
required for any part of the application or processed individually under each of the
procedures identified by this code. The applicant may determine whether the application
shall be processed collectively or individually. If the application is processed under the
individual procedure option, the highest numbered type procedure must be processed
prior to the subsequent lower numbered procedure.
(3) Decisionmaker(s). The board of county commissioners is the highest
decisionmaker, followed by the appellate hearing examiner, the hearing examiner and the
administrator. Joint public hearings with other agencies shall be processed in accordance
with JCC 18.40.050.
(4) Administrator. Upon issuance of a determination of completeness as described in
JCC 18.40.110, the administrator shall assign a project planner to the project who will
coordinate and be responsible for all phases of development application administration.
(5) SEPA Review. Project review conducted pursuant to the State Environmental
Policy Act (SEPA), Chapter 43.21C RCW, shall occur concurrently with project review.
The SEPA review process, including all public comment procedures, is set forth in
Article X of this chapter. Nothing contained in Articles I through V of this chapter shall
be construed as restricting the need for full environmental review in accordance with
Articles VI-C through VI-K of Chapter 18.15 JCC, and Article X of this chapter. [Ord.
11-00 § 8.1(3)]
18.40.040 Project permit application framework.
Table 8-1. Permits – Decisions
Project permit application framework.
Table 8-1. Permits – Decisions
Type I (1) Type II Type III Type IV Type V
Septic permits Classification of unnamed Reasonable economic use Final plats Special use permits under
and discretionary uses variances under JCC under Chapter JCC 18.15.110
under Article II of Chapter 18.15.220 18.35 JCC
18.15 JCC
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Allowed uses not requiring Release of six-year FPA PRRDs under Article VI- Final PRRDs Jefferson County
notice of application (e.g., moratorium for an M of Chapter 18.15 JCC under Article Comprehensive Plan
“Yes” uses listed in Table 3-1 individual single-family and major amendments to VI-M of amendments under
in JCC 18.15.040, building residence under JCC PRRDs under JCC Chapter 18.15 Chapter 18.45 JCC
permits, etc.) 18.20.160 18.15.545(3) JCC
Minor amendments to Cottage industries under Shoreline substantial Amendments to
planned rural residential JCC 18.20.170 development permits for development regulations
developments (PRRDs) under secondary uses, and including amendments to
JCC 18.15.545 conditional and variance this UDC and the Land
permits under the Jefferson Use Districts Map
County Shoreline Master
Program (SMP)
Home businesses approved Short subdivisions under Plat alterations and Amendments to the
under JCC 18.20.200 Article IV of Chapter 18.35 vacations under JCC Jefferson County SMP
JCC 18.35.030(3)
Temporary outdoor use Binding site plans under Long subdivisions under Subarea and utility plans
permits under JCC 18.20.380 Article V of Chapter 18.35 Article V of Chapter 18.35 and amendments thereto
JCC JCC
Stormwater management Administrative conditional Discretionary conditional Development agreements
permits under JCC 18.30.070 use permits under JCC use permits under JCC and amendments thereto
18.40.550(1) [i.e., listed in 18.40.550(2) [i.e., listed in under Article XI of this
Table 3-1 in JCC 18.15.040 Table 3-1 in JCC 18.15.040 chapter
as “C(a)”] as “C(d)”] where required
by administrator
Road access permits under Discretionary conditional Conditional use permits Master plans for master
JCC 18.30.080 use permits under JCC under JCC 18.40.550(3) planned resorts
18.40.550(2) [i.e., listed in (i.e., uses listed in Table 3-
Table 3-1 in JCC 18.15.040 1 in JCC 18.15.040 as “C”)
as “C(d)”] unless Type III
process required by
administrator
Sign permits under JCC Minor variances under JCC Major variances under JCC
18.30.150 18.40.670(1) 18.40.670(2)
Boundary line adjustments Shoreline substantial Wireless
under Article II of Chapter development permits for telecommunications
18.35 JCC primary uses under permits under JCC
Jefferson County SMP 18.20.130 and Chapter
18.42 JCC
Minor adjustments to Wireless Major industrial
approved preliminary short telecommunications development conditional
plats under JCC 18.35.150 permits under JCC use approval under Article
18.20.130 and Chapter VIII of Chapter 18.15 JCC
18.42 JCC
Minor amendments to Small-scale recreation and Forest Practices Release of
approved preliminary long tourist (SRT) uses in SRT a Moratorium under JCC
plats under JCC 18.35.340 overlay district under JCC 18.20
18.15.572.
Site plan approval advance Plat Alternations under
determinations under Article JCC 18.35.670
VII of this chapter
Exemptions under the Appeals of Enforcement
Jefferson County SMP actions under JCC 18.50
Revisions to permits issued under the Jefferson County SMP
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If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220
and Article X of this chapter (the SEPA integration section).
Table 8-2. Action Types – Process
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Project Permit Application Procedures (Types I-IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation Project planner Project planner Project planner N/A 1
Planning commission
made by:
Final decision made Administrator Administrator Hearing examiner Board of county Board of county
by: commissioners commissioners
Notice of No Yes Yes No N/A
application:
Open record public No Only if administrator’s Yes, before hearing No Yes, before planning
hearing: decision is appealed, examiner, prior to commission to make
open record hearing permit decision by the recommendation to board
before hearing examiner hearing examiner of county commissioners
Closed record No No Yes, before appellate N/A Yes, or board of county
appeal/final hearing examinerNo commissioners could hold
decision: its own hearing
Judicial appeal: Yes Yes Yes Yes 2
Yes
1
Type V land use actions are subject to review and recommendation by the planning commission. However, utility plans
and moratoria and interim zoning controls adopted under RCW 36.70A.390 are not subject to review and consideration by
the planning commission.
2
Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board
(WWGMHB) is authorized to hear and determine petitions alleging that the county is not in compliance with the
requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or
Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or
Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295.
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the
notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter
(the SEPA integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit
is not categorically exempt under SEPA, then, administrative with notice.
Type II: Administrative with notice. Final decision by administrator unless
appealed. If appealed, open record hearing and final decision by hearing examiner.
Type III: Notice and open record public hearing before the hearing
examiner. Final decision by hearing examiner. unless appealedAppeal to Superior Court.
If appealed, closed record hearing and final decision by appellate hearing examiner.
Type IV: Closed record decision by board of commissioners during a regular
public meeting. Type IV decisions are purely ministerial in nature (see Article IV of
Chapter 18.35 JCC).
Type V: Except for utility plans, notice and public hearing before planning
commission, with planning commission recommendation to board of commissioners.
Notice of public hearings provided prior to final legislative decisions (see Chapter 18.45
JCC).
[Ord. 11-04 § 3; Ord. 18-02 § 2 (Exh. D); Ord. 2-02 § 1; Ord. 7-01 § 1 (Exh. B); Ord. 3-
01 § 1; Ord. 11-00 § 8.1(4)]
18.40.050 Joint public hearings (other public agency hearings).
(1) Administrator’s Decision to Hold Joint Public Hearings. The administrator may
combine any public hearing on a project permit application with any hearing that may be
held by another local, state, regional, federal, or other agency on the proposed action, as
long as the hearing is held within the county and the requirements of subsection (3) of
this section are met.
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(2) Applicant’s Request for a Joint Hearing. The applicant may request that the public
hearing on a permit application be combined as long as the joint hearing can be held
within the time periods set forth in this chapter. In the alternative, the applicant may
agree to a particular schedule if additional time is needed in order to complete the
hearings.
(3) Prerequisites to a Joint Hearing. A joint public hearing may be held with another
local, state, regional, federal or other agency and the county, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted
notice requirements as set forth in statute, ordinance or rule; and
(c) The agency has received the necessary information about the proposed project
from the applicant in enough time to hold its hearing at the same time as the local
government hearing. [Ord. 11-00 § 8.1(5)]
18.40.060 Legislative enactments.
(1) Decision. The following decisions are legislative, and are not subject to the
procedures in this chapter, unless otherwise specified:
(a) Unified Development Code text, and land use district amendments (i.e., land use
map amendments);
(b) Area-wide rezones to implement county policies contained within the Jefferson
County Comprehensive Plan and amendments thereto;
(c) Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
(d) Shoreline Master Program adoption and amendments; and
(e) All other master land use, subarea, functional and/or utility plans and amendments
thereto.
(2) Procedures. Except as otherwise provided in this chapter, the procedures for the
legislative decisions specified in this chapter are set forth in Chapter 18.45 JCC. [Ord.
11-00 § 8.1(6)]
18.40.070 Legislative enactments not restricted.
Nothing in this chapter shall limit the authority of the county to make changes to
the Jefferson County Comprehensive Plan as part of an annual revision process, this
Unified Development Code or any of the county’s other development regulations, or to
undertake any other legislative actions. [Ord. 11-00 § 8.1(7)]
18.40.080 Exemptions from project permit processing.
(1) Applicability. Whenever a permit or approval in the Jefferson County Unified
Development Code has been designated as a Type II, III or IV permit, the procedures set
forth in Articles I through IV of this chapter shall be followed in project permit
processing. The following permits or approvals are specifically excluded from the
procedures set forth in this chapter:
(a) Landmark designations;
(b) County road vacations; and
(c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as
planned actions in the Jefferson County Comprehensive Plan or any amendments thereto.
Planned actions are those public or private projects specifically identified by county
ordinance or resolution adopted after environmental review conducted in conjunction
with the adoption or annual amendment of the Comprehensive Plan.
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(2) Exemptions. If categorically exempt under SEPA, Chapter 42.31C RCW, Type I
permits shall not be subject to the following provisions contained in this chapter:
(a) The notice of application requirements of JCC 18.40.150 through 18.40.220;
(b) Except as provided in RCW 36.70B.140, optional consolidated project permit
review processing under JCC 18.40.030(2);
(c) Joint public hearings under JCC 18.40.050; and
(d) A single report stating that all decisions and recommendations made as of the date
of the report on all project permits included in the consolidated permit process that do not
require an open public record predecision hearing and any recommendations on project
permits that do not require an open record predecision hearing, as further set forth in
RCW 36.70B.060(5).
(3) Notice of Decision. Unless the applicant waives the time deadlines in writing, all
Type I permits shall be processed within 120 calendar days after the applicant files a
complete application, subject to JCC 18.40.110. [Ord. 11-00 § 8.1(8)]
Article II. Project Permit Applications (Type I – IV)
18.40.090 Preapplication conference.
(1) Purpose. Preapplication conferences provide a prospective applicant and the
county the opportunity to determine if and how the regulations (e.g., environmentally
sensitive areas and SEPA) may apply, an opportunity to acquaint the applicant with the
requirements of the Jefferson County Unified Development Code, and to discuss, if
applicable, how the applicant may modify the scope and design of the project to reduce or
avoid restrictions which may be imposed by the county.
(2) When Required. Preapplication conferences are required for all Type II and Type
III project applications and Type I project applications proposing impervious surfaces of
10,000 square feet or more and/or non-single-family structures of 5,000 square feet or
more. Preapplication conferences for all other types of applications are optional, and
requests for conferences will be considered by the administrator on a time-available
basis.
(3) Scheduling and Conceptual Design Review. The conference shall be held within
15 calendar days of the request and payment of the fee set forth in the Jefferson County
fee ordinance. Upon payment of the fee, the applicant shall submit to DCD a preliminary
sketch or conceptual design that illustrates the applicant’s generalized ideas of the
proposal. This should include approximate lot lines, general topography of the site,
suggested vehicle access to the site, and provision of utilities. Final drawings are
discouraged at this preapplication stage. Additionally, the applicant shall identify all land
uses on adjacent properties and all platted and opened roads serving the site.
(4) Information Provided to Applicant. At the conference, the administrator shall
provide the applicant with:
(a) A list of the requirements for a completed application;
(b) A general summary of the procedures to be used to process the application;
(c) The references to the relevant code provisions or development standards that may
apply to the approval of the application; and
(d) A list of any applicable hourly review fees that may be charged by one or more
county agencies upon the filing of a project permit application with the county.
(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive
review of all potential issues. The discussions at the conference or the information
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provided by the administrator shall not bind or prohibit the county’s future application or
enforcement of all applicable laws and regulations. No statements or assurances made by
county representatives shall in any way relieve the applicant of his or her duty to submit
an application consistent with all relevant requirements of county, state and federal codes,
laws, regulations and land use plans. [Ord. 11-00 § 8.2(1)]
18.40.100 Development permit application.
(1) Information Required for All Applications. Applications for project permit
decisions shall be submitted upon forms provided by the administrator. A project permit
application is complete when it meets the submission requirements of this section. An
application shall consist of all materials required by the relevant section of this code or
other applicable county ordinance or regulation, and shall also include the following
general information:
(a) A completed project permit application form, including a SEPA checklist unless
categorically exempt from SEPA;
(b) A verified statement by the applicant that the property affected by the application
is in the exclusive ownership of the applicant, or that the applicant has submitted the
application with the written consent of all owners of the affected property, and proof of
ownership of the property;
(c) Identification of a single contact person or entity to receive determinations and
notices required by this code;
(d) A legal description of the site, including the Jefferson County assessor’s parcel
number;
(e) The applicable fee as set forth in the Jefferson County fee ordinance;
(f) For each building permit necessitating potable water, evidence of available and
adequate water supply and, if applicable, compliance with the requirements established
by the Jefferson County department of health for the provision of water; evidence may be
in the form of a water right permit from the Department of Ecology, or another form
sufficient to verify the existence of an adequate water supply;
(g) Evidence of septic approval, a valid pending septic application, or sewer
availability and, if applicable, compliance with the requirements established by the
Jefferson County department of health for wastewater disposal;
(h) A site plan, showing the location of all proposed lots and points of access and
identifying all easements, deeds, restrictions or other encumbrances restricting the use of
the property, if applicable. All information should be accurate, legible and generally
should be drawn to a scale no smaller than one inch equals 50 feet for a plot larger than
one acre and no smaller than one inch equals 25 feet for a plot one acre or smaller; and
(i) Identification of other local, state and federal permits required for the proposal, to
the extent known by the applicant.
(2) Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist
Uses – Additional Application Requirements. In addition to the general information
required under subsection (1) of this section, all building permit applications involving
commercial, industrial, multifamily, and small-scale recreational and tourist uses listed in
Table 3-1 in JCC 18.15.040 shall include a site plan prepared by a civil engineer,
architect or landscape architect licensed in the state of Washington that includes or
graphically depicts the following information:
(a) Compass direction and graphic scale;
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(b) Total gross acreage;
(c) Proposed and existing structures including building envelopes and building
setback lines;
(d) Distances between all proposed and existing buildings;
(e) All proposed or existing uses;
(f) The layout of an internal vehicular and pedestrian circulation system, including
proposed ingress and egress for vehicles and roadway widths, and additional right-of-way
if required on substandard roads;
(g) The location of significant geographic features on the site and immediately
adjoining properties;
(h) Corner grades and existing contours of topography at five-foot contour intervals;
(i) Proposed development or use areas;
(j) Property lines, adjoining streets, and immediately adjoining properties and their
ownership;
(k) Existing and proposed grades and volume and deposition of excavated material;
(l) A preliminary drainage plan;
(m) Locations of all existing and proposed utility connections;
(n) Parking spaces and driveways;
(o) Proposed landscaping; and
(p) The location and extent of wetlands, floodplains and other environmentally
sensitive areas.
(3) Additional Application Requirements. In addition to the information required
under subsections (1) and (2) of this section, the administrator may require additional
information or studies in order for the application to be considered complete. Such
information may include, but is not necessarily limited to the following:
(a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be
developed in phases;
(b) Enumeration of the number of persons that will reside in a dwelling(s);
(c) Documentation of the date and method of segregation for the subject property
verifying that the lot or lots were not created in violation of the subdivision (i.e., either
short or long) laws in effect at the time of creation, or identifying whether the lots were
created prior to the advent of Chapter 58.16 RCW in 1937;
(d) A recorded survey of the subject property in order to verify property boundaries
and setback measurements;
(e) Assessor’s maps and a list of tax parcels and their owners for all properties within
300 feet of the property to which public notice must be sent under SEPA or Article III of
this chapter.
(4) Application Requirements in Other Applicable Regulations. In addition to the
requirements set forth in JCC 18.40.100(1), (2) and (3), certain types of land use
applications require additional information to be considered complete. Applications for
the following land use permits must satisfy JCC 18.40.100(1), (2) and, if required, (3),
and the following provisions of this Unified Development Code and applicable county
ordinances and regulations:
(a) Building permits under the Jefferson County building code, Chapter 15.05 JCC,
or its successor ordinance;
(b) On-site septic systems pursuant to Chapter 8.15 JCC;
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(c) Reasonable economic use variance permits under JCC 18.15.220;
(d) Planned rural residential developments (PRRDs) under Article VI-M of Chapter
18.15 JCC;
(e) Cottage industries under JCC 18.20.170;
(f) Home businesses under JCC 18.20.200;
(g) Temporary outdoor use permits under JCC 18.20.380;
(h) Stormwater management permits under JCC 18.30.070;
(i) Sign permits under JCC 18.30.150;
(j) Boundary line adjustments under Article II of Chapter 18.35 JCC;
(k) Short plats under Article III of Chapter 18.35 JCC;
(l) Long plats under Article IV of Chapter 18.35 JCC;
(m) Binding site plans under Article V of Chapter 18.35 JCC;
(n) Site plan approval advance determinations under Article VII of Chapter 18.40
JCC;
(o) Written exemptions, shoreline substantial development permits for primary and
secondary uses, and shoreline conditional use and variance permits under the Jefferson
County Shoreline Master Program; and
(p) Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42
JCC;.
(q) Plat Alterations under Article IV of Chapter 18.35 JCC.
All application requirements identified in other code sections that supplement or
supersede the requirements of this chapter shall be met before an application is deemed
complete.
(5) Waivers. The administrator may waive any specific submittal requirements
determined to be unnecessary for review of any application. In such event, the
administrator shall document the waiver in the project file or project log. [Ord. 3-01 § 1;
Ord. 11-00 § 8.2(2)]
18.40.110 Submission of acceptance of application determination of completeness –
Additional information and project revision.
(1) Determination of Completeness. Within 28 calendar days after receiving a project
permit application the administrator shall mail a determination to the applicant that states
either that:
(a) The application is complete; or
(b) The application is incomplete and information necessary to make the application
complete.
(2) Identification of Other Agencies with Jurisdiction. To the extent known by the
county, other agencies with jurisdiction over the project permit application shall be
identified in the county’s determination of completeness.
(3) Incomplete Application Procedure – Appeal.
(a) If the applicant receives a determination that the application is incomplete or that
additional information is required, the applicant shall have 90 calendar days to submit the
necessary information to the administrator, or to appeal the decision to the hearing
examiner in accordance with the procedures for Type II projects. Within 14 calendar days
after the applicant has submitted the additional information, the administrator shall again
make the determination described in subsection (2) of this section.
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11
(b) If the applicant refuses to submit additional information, does not request
additional time to submit the required information within the 90-calendar-day period, or
does not appeal the decision, the application will be considered abandoned and therefore
withdrawn and the applicant shall forfeit the application fee. The department of
community development shall not be responsible for notifying the applicant of an
impending expiration.
(4) County’s Failure to Provide a Determination of Completeness. A project permit
application shall be deemed complete under this section if the administrator does not
provide a written determination to the applicant that the application is incomplete as
provided in subsection (1) of this section. Notwithstanding a failure to provide a
determination of completeness, the administrator may request additional information as
provided in subsection (6) of this section.
(5) Date of Acceptance of Application. A project permit application is complete for
purposes of this section when it meets the submission requirements in JCC 18.40.100, as
well as any additional submission requirements contained in other applicable provisions
of this code. This determination of completeness shall be made when the application is
sufficient for continued processing even though additional information may be required
or project modifications may be undertaken after submittal. When the project permit
application is determined to be complete, the administrator shall accept it and note the
date of acceptance in the project file. Upon providing a determination of completeness,
the administrator shall assign the project to a project planner.
(6) Additional Information. The administrator’s determination of completeness shall
not preclude the administrator from requiring additional information, that the applicant
correct plans or perform studies at any time if new information is required for project
review, or if there are substantial changes in the proposed action.
(a) Any period during which the administrator has requested the applicant to correct
plans, perform required studies, or provide additional information shall be excluded from
the 120-day time period or other applicable time period set forth in JCC 18.40.350320.
(b) The time period for requiring additional information shall be calculated from the
date the administrator notifies the applicant of the need for additional information until
the earlier of:
(i) The date the administrator determines whether the information satisfies the
request for information; or
(ii) Fourteen (14) calendar days after the date the information has been provided to
the administrator.
(7) Effect of Project Permit Application Revisions – Substantial Revisions. If, in the
judgment of the administrator, the content of an application is so substantially revised by
an applicant, either voluntarily or to conform with to applicable standards and
requirements, that such revised proposal constitutes a substantially different proposal
than that originally submitted, the administrator shall deem the revised proposal to be a
new application.
(a) In reaching a decision whether a revision is substantial, the administrator shall
consider the relative (to the application in its initial form) and absolute magnitude of the
revision, the environmental sensitivity of the site, any changes in location of significant
elements of the project and their relation to public facilities, surrounding lands and land
uses and the stage of review of the proposal.
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12
(b) Lesser revisions that would not constitute substantial revisions during early stages
of review may be substantial during later stages due to the reduced time and opportunity
remaining for interested parties to review and comment upon such changes.
(c) Written notice of such determination of substantial revision shall be provided to
the applicant and all parties of record, including the reasons for the administrator’s
decision.
(d) A determination that any revision is substantial shall result in the time periods
mandated by this chapter starting from the date at which the revised project application is
determined to be complete. The revised project application shall be subject to all laws,
regulations and standards in effect on the date of the determination of completeness of the
substantial revision. [Ord. 11-00 § 8.2(3)]
18.40.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the administrator shall do the
following:
(1) Transmit a copy of the application, or appropriate parts of the application, to each
affected agency and county department for review and comment, including those
agencies responsible for determining compliance with state and federal requirements. The
affected agencies and county departments shall have 14 calendar days to comment,
except that state agencies shall have 28 days to comment on special reports per Article
VI-D, Environmentally Sensitive Areas District (ESA), of Chapter 18.15 JCC et al.,
including habitat management plans and wetland mitigation plans. Affected agencies and
county departments are presumed not to have comments if not submitted within the 14-
calendar-day period, or 28-calendar-day period, as above; provided, that the administrator
may grant an extension of time if needed. Additionally, in the event that the state agency
or agencies involved communicate verbally or in writing intention to waive the
opportunity to submit comments, the corresponding state agency comment period shall
terminate and be so noted in the case file.
(2) Applications for developments and planned actions subject to the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed in
accordance with the policies and procedures contained in Article X of this chapter. SEPA
review shall be conducted concurrently with development project review. The following
are exempt from concurrent review:
(a) Projects categorically exempt from SEPA; and
(b) Components of planned actions previously reviewed and approved in the
Jefferson County Comprehensive Plan or amendments thereto to the extent permitted by
law and consistent with the SEPA determination for the planned action.
(3) If a Type II or III procedure is required, DCD shall provide for notice and/or
hearing as set forth in Article III of this chapter. [Ord. 5-03 § 2; Ord. 11-00 § 8.2(4)]
18.40.130 Scope of project review.
(1) Fundamental land use planning choices made in the Jefferson County
Comprehensive Plan, subarea plans, this Unified Development Code and any other
applicable development regulations shall serve as the foundation for project review. The
review of a proposed project’s consistency with this Unified Development Code under
JCC 18.40.140, other applicable development regulations, or in the absence of applicable
regulations, the adopted Jefferson County Comprehensive Plan or subarea plan(s), shall
incorporate the determinations data collected under this section.
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13
(2) During project review, the administrator or any subsequent reviewing body (e.g.,
the hearing examiner or appellate hearing examiner) shall determine whether the items
listed in this subsection are defined in this Unified Development Code or any other
applicable development regulations applicable to the proposed project or, in the absence
of applicable regulations, the adopted Jefferson County Comprehensive Plan or subarea
plan(s). At a minimum, such regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under
certain circumstances, such as planned rural residential developments and conditional
uses, if the criteria for their approval have been satisfied;
(b) Density of residential development; and
(c) Availability and adequacy of public facilities identified in the Jefferson County
Comprehensive Plan, if the plan provides funding of these facilities.
(3) During project review, the administrator shall not re-examine alternatives to or
hear appeals on the items identified in subsection (2) of this section.
(4) The administrator may determine that the requirements for environmental analysis
and mitigation measures in this Unified Development Code and other applicable
regulations provide adequate mitigation for some or all of the project’s specific probable
significant adverse environmental impacts to which the requirements apply. In making
this determination the administrator shall:
(a) Determine if the applicable regulations require measures that are sufficient to
adequately address site-specific, probable significant adverse environmental impacts
identified through project application review; and
(b) Determine whether additional studies are required and/or whether the project
permit application should be conditioned with additional mitigation measures.
(5) Nothing in this section shall be construed as limiting the authority of the county to
approve, condition, or deny a project as provided in this Unified Development Code or
any other development regulations adopted under the authority of Chapters 36.70A
and/or 43.21C RCW, including project review under Articles VI-D through VI-I of
Chapter 18.15 JCC, and Article X of this chapter. [Ord. 11-00 § 8.2(5)]
18.40.140 Project consistency.
(1) A proposed project’s consistency with this Unified Development Code or other
development regulations adopted under Chapter 36.70A RCW or, in the absence of
applicable development regulations, the appropriate elements of the Jefferson County
Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW shall be
determined by consideration of:
(a) The type of land use;
(b) The level of development such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the
development; and
(d) The character of the development.
(2) In determining consistency, the determinations made pursuant to JCC 18.40.130
shall be controlling.
(3) For purposes of this section, the term “consistency” shall include all terms used in
this chapter and Chapter 36.70A RCW to refer to performance in accordance with this
chapter and Chapter 36.70A RCW, including but not limited to compliance, conformity,
and consistency.
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14
(4) Nothing in this section requires documentation, dictates procedures for
considering consistency, or limits the administrator from asking more specific or related
questions with respect to any of the four main categories listed in subsections (1)(a)
through (1)(d) of this section.
(5) For purposes of assisting in determining consistency with the UDC for a
particular project permit, the administrator shall also utilize review of the site plan
submittal required by JCC 18.40.100 (1)(h) to ensure compliance with the requirements
of Chapters 18.20 and 18.30 JCC. [Ord. 11-00 § 8.2(6)]
Article III. Public Notice Requirements
18.40.150 Public notice – Generally.
(1) Public notice is not required for Type I projects that are categorically exempt
from SEPA. If not SEPA exempt, Type I projects are subject to the notice of application
and SEPA notice requirements set forth in JCC 18.40.160 through 18.40.220 and Article
X of this chapter.
(2) Public notice of the notice of application and of the open record predecision
public hearing, if any, is required for all Type II and Type III actions. Published notice is
not required for closed record public meetings before the county commissioners (i.e.,
Type IV approvals of long plats and PRRDs) or hearings before the appellate hearing
examiner, asbecause no new testimony or evidence is allowed at such meetings or
hearings. Mailed notice of closed record public hearings shall be provided to all parties of
record.
(3) Public notice is not required for other Type IV actions because no public hearing
is held.
(4) Public notice of Type V legislative actions must be published as described in
Chapter 18.45 JCC and as required by state law.
(5) The applicant shall be responsible for all costs of public notice. [Ord. 11-00 §
8.3(1)]
18.40.160 Notice of application – When required.
The administrator shall issue a notice of application on all Type II and Type III
project permit applications. [Ord. 11-00 § 8.3(2)]
18.40.170 Notice of application – Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of
issuing the determination of completeness. If an open record predecision public hearing is
required for the requested project permit(s), the notice of application shall be issued at
least 15 calendar days prior to the public hearing. [Ord. 11-00 § 8.3(3)]
18.40.180 Notice of application – SEPA exempt projects.
A notice of application shall not be required for project permits that are
categorically exempt under SEPA, unless a public comment period or an open record
predecision hearing is required. A notice of application shall be required for all Type II
projects, regardless of whether such projects are exempt from SEPA. [Ord. 11-00 §
8.3(4)]
18.40.190 Notice of application – Contents.
The notice of application shall include the following:
(1) The name and address of the applicant or the applicant’s representative;
(2) The date of application, the date of the notice of completion for the application,
and the date of the notice of application;
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15
(3) The street address location of the project or, if unavailable, a description of the
subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location (map), the location in reference to roadway intersections, or a
written description (rural route box or subdivision lot and block alone are not sufficient);
(4) A description of the proposed project action, use or development and a list of
project permits included in the application and, if applicable, a list of any additional
studies requested under JCC 18.40.110(6);
(5) The identification of state, federal or other permits required by other agencies
with jurisdiction not included in the application, to the extent known by the county;
(6) The identification of existing environmental documents that evaluate the proposed
project, and the location of where the application and any studies can be reviewed;
(7) The name and phone number of the contact project planner;
(8) A statement of the limits of the public comment period, which shall be 14
calendar days following the date of the notice of application (or 20 or 30 calendar days if
the application involves a permit under the Jefferson County Shoreline Master Program,
as further set forth in JCC 18.40.220;
(9) Statements of the right of any person to comment on the application, receive
notice of and participate in any hearings, request a copy of the decision once made, and
any appeal rights;
(10) A statement of the preliminary determination, if one has been made at the time of
the notice of application, of the proposed project’s consistency with applicable
development regulations and of those development regulations that will be used for
project mitigation, as provided in RCW 36.70B.040 and JCC 18.40.140;
(11) Pursuant to WAC 197-11-355, a statement on the first page of the notice of
application that:
(a) The optional DNS process of WAC 197-11-355 is being used;
(b) This may be the only opportunity to comment on the environmental impacts of
the proposal;
(c) The proposal may include mitigation measures under applicable development
regulations, and the project review process may incorporate or require mitigation
measures regardless of whether an EIS is prepared; and
(d) A copy of the subsequent threshold determination may be obtained upon request,
and will be mailed to any person commenting upon the notice of application. In addition,
the notice of application shall list the conditions being considered to mitigate
environmental impacts, if a mitigated DNS is expected;
(12) The date, time, place and type of hearing, if applicable, and if scheduled prior to
the date of the notice of application;
(13) A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant, and applicable development
regulations may be available for public inspection;
(14) A statement that a copy of the staff report will be available for inspection at no
cost to the public at least seven calendar days prior to the public hearing (if applicable);
and
(15) Any other information the administrator determines appropriate. [Ord. 11-00 §
8.3(5)]
18.40.200 Notice of application – SEPA integration.
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16
Except for a determination of significance (DS), the county may not issue its
threshold determination until the expiration of the public comment period on the notice of
application. If the county has made a determination of significance under Chapter 43.21C
RCW concurrently with the notice of application, the notice of application may be
combined with the threshold determination and the scoping notice for a draft
environmental impact statement (DEIS). However, nothing in this chapter prevents a DS
and scoping notice from being issued prior to the notice of application. [Ord. 11-00 §
8.3(6)]
18.40.210 Notice of application – Mailing, publication, and posting requirements.
(1) Published Notice. The administrator shall publish notice in the official county
newspaper at least once. Published notice shall include the project’s road or street address
or location, project description, type(s) of permit(s) required, comment period dates, and
location where the complete application and notice of application may be reviewed.
(2) Posting. The applicant shall post a notice of application on the property as
follows:
(a) A single notice board shall be placed at the midpoint of the site road frontage or
as otherwise directed by the county for maximum visibility, where it is completely visible
to vehicle traffic and pedestrians.
(b) Additional notice boards may be required where the site does not abut a public
road, for a large site that abuts more than one public road, or the administrator determines
that additional notice boards are necessary to provide adequate public notice.
(c) Notice boards shall be constructed and installed in accordance with any
specifications promulgated by the county.
(d) Notice boards shall be maintained in good and legible condition by the applicant
during the notice period, be in place at least 15 calendar days prior to the date of the
hearing, and be removed within 15 calendar days after the end of the notice period.
(e) The applicant prior to the hearing or final comment date shall submit an affidavit
of posting to the administrator. If the affidavit is not filed as required, any scheduled
hearing or date by which the public may comment on the application will be postponed in
order to allow compliance with this notice requirement.
(3) Mailing.
(a) The administrator shall send a notice of application by mail to the applicant, the
owners of the subject property (if different from the applicant), and to all owners of
property within 300 feet of any portion of the exterior boundaries of the subject property.
The DCD shall be responsible for preparation of the list of adjacent property owners;
provided, that the administrator retains the authority to require the applicant to supply and
certify the list of adjacent property owners in circumstances where the information is not
readily available to the county. DCD shall obtain addresses for mailed notice shall from
the county’s geographic information system (GIS) or real property tax records. The
administrator shall make a notation in the file affirming mailing of notice to all persons
entitled to notice under this chapter.
(b) All public notices shall be deemed to have been provided or received on the date
the notice is deposited in the mail or personally delivered whichever occurs first. Failure
to send notice by mail shall not invalidate such proceedings where the owner appears at
the hearing or receives actual notice. [Ord. 11-00 § 8.3(7)]
18.40.220 Notice of application – Public comment.
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17
(1) Length of Comment Period. The comment period shall be 14 calendar days from
the date of the notice of application, except as may otherwise be provided for
commenting on preliminary plat applications (i.e., 20 days pursuant to RCW 58.17.095
(2)), for commenting on scoping and draft and final environmental impact statements
pursuant to WAC 197-11-408 and 197-11-500 and Article X of this chapter, and for
commenting on permits under the Jefferson County Shoreline Master Program (SMP)
(see subsection (2) of this section).
(2) Comment Periods for Permits under the Jefferson County Shoreline Master
Program (SMP). The content of notice under the SMP shall be identical to the notice set
forth in JCC 18.40.190 except that:
(a) The public may provide comments on a shoreline development permit application
for 30 calendar days after the notice of application (notice for shoreline permits is longer
than the comment period for other Type II and III permits pursuant to RCW
90.58.140(4)); and
(b) The public comment period shall be 20 calendar days for a shoreline permit for
limited utility extensions or for construction of a bulkhead or other measures to protect a
single-family residence and its appurtenant structures from shoreline erosion (see RCW
90.58.140(11)); and
(c) A notice of application for a shoreline substantial development permit shall notify
the public of the 20-day or 30-day comment period.
(3) Comments may be mailed, personally delivered or sent by facsimile. Comments
shall be as specific as possible.
(4) The administrator will receive public comments during regular business hours any
time up to and during the open record hearing, if any, or if there is no predecision
hearing, prior to the decision on the project permit.
(5) The county may not issue a decision or recommendation on the project permit(s)
until the expiration of the public comment period on the notice of application. [Ord. 11-
00 § 8.3(8)]
18.40.230 Notice of public hearing.
Notice of public hearing shall be provided not less than 10 calendar days prior to
the hearing. If the notice of application does not specify a hearing date, a separate notice
of public hearing shall be provided. For Type III projects, the notice of a threshold
determination under SEPA may be combined with the notice of public hearing. Notice
under this section shall be accomplished as follows:
(1) Published Notice. The administrator shall publish a notice of public hearing in the
official county newspaper at least one time. This notice shall include (and republish if
necessary) the appropriate information from JCC 18.40.190.
(2) Mailed Notice. The administrator shall send a notice of public hearing to all of the
persons entitled to notice, as described in JCC 18.40.210(3), including any person who
submits written or oral comments on the notice of application.
(3) Posted Notice. Posted notice of the public hearing is required for all Type III
project permit applications, which shall be posted as set forth in JCC 18.40.210(2). In
addition, notice of Type III preliminary plat actions and proposed subdivisions must be
given as set forth in JCC 18.40.240. [Ord. 11-00 § 8.3(9)]
18.40.240 Additional public notice requirements – Type III preliminary plat actions.
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18
In addition to the notice for Type III actions above, pursuant to Chapter 58.17
RCW, additional notice for preliminary plats and proposed subdivisions shall be provided
as follows:
(1) Notice of the filing of a preliminary plat application of a proposed subdivision
located adjacent to or within one mile of the municipal boundaries of a city or town
utilities shall be given to the appropriate city or town officials, pursuant to RCW
58.17.080 and 58.17.090.
(2) Notice of the filing of a preliminary plat application for a proposed subdivision
located adjacent to the right-of-way of a state highway or within two miles of the
boundary of a state or municipal airport shall be given to the Washington State Secretary
of Transportation, who must respond as to the effect of the proposed subdivision on the
state highway or airport within 15 calendar days of such notice.
(3) Special notice of the hearing shall be given to adjacent landowners by any other
reasonable method the county deems necessary. Adjacent landowners are the owners of
real property, as shown by the records of the county assessor, located within 300 feet of
any portion of the boundary of the proposed subdivision. If the owner of the real property
which is proposed to be subdivided owns another parcel or parcels of real property which
lie adjacent to the real property proposed to the subdivided, mailed notice shall be given
to owners of real property located within 300 feet of any portion of the boundaries of
such adjacently located parcel(s). [Ord. 11-00 § 8.3(10)]
18.40.250 Optional additional public notice.
(1) As optional methods of providing public notice of any project permits, the county
may:
(a) Notify the public or private groups with known interest in a certain proposal or in
the type of proposal being considered;
(b) Notify the news media;
(c) Place notices in appropriate regional or neighborhood newspapers or trade
journals;
(d) Place public notice in agency newsletters or send notice to agency mailing lists,
either general lists or lists for specific proposals or subject areas;
(e) Mail to neighboring property owners; or
(f) Place notices on the Internet.
(2) The county’s failure to provide the optional notice as described in this section
shall not be grounds for invalidation of any permit decision. [Ord. 11-00 § 8.3(11)]
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
The administrator may approve, approve with conditions, or deny (with or
without prejudice) all Type I permit applications which are categorically exempt from
SEPA without notice (see Tables 8-1 and 8-2 in JCC 18.40.040, and JCC 18.40.080 (2)).
Type I projects that are not categorically exempt under SEPA shall be subject to the
notice of application and comment period provisions of JCC 18.40.150 through
18.40.220, and the SEPA notice requirements of Article X of this chapter. The
administrator’s decision under this section shall be final on the date issued, and may not
be appealed to the hearing examiner. [Ord. 11-00 § 8.4(1)]
18.40.270 Administrative approval subject to notice (Type II).
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(1) The administrator may approve, grant preliminary approval, approve with
conditions, or deny (with or without prejudice) all Type II permit applications, subject to
the notice and appeal requirements of this article and Article III of this chapter. The
administrator shall issue written findings and conclusions supporting all Type II
decisions.
(2) Type II administrative decisions shall become final subject to the following: an
applicant or party of record may appeal the decision to the hearing examiner for an open
record hearing, as further set forth in Article V of this chapter. Closed record appeals of
Type II permit decisions (i.e., to the appellate hearing examiner) are not allowed. [Ord.
11-00 § 8.4(2)]
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of
Type II Decisions).
(1) The hearing examiner shall review and make findings, conclusions and a decision
on all Type III permit applications and appeals of Type II decisions.
(2) For Type III actions, the administrator shall prepare a staff report on the proposed
development or action summarizing the comments and recommendations of county
departments, affected agencies and special districts, and evaluating the development’s
consistency with this Unified Development Code, adopted plans and regulations. The
staff report shall include proposed findings, conclusions and recommendations for
disposition of the development application. The staff report shall include and consider all
written public comments on the application.
(3) Upon receiving a recommendation from the administrator or notice of any other
matter requiring the hearing examiner’s attention (e.g., an appeal of a Type II
administrative decision), the hearing examiner shall perform the following actions as
appropriate:
(a) Hold an open record predecision hearing on a Type III permit application and
make a decision after reviewing the recommendation of the administrator; or
(b) Hold an open record appeal hearing and make a decision on the following
matters:
(i) Appeals of Type II administrative decisions;
(ii) Appeals of administrative interpretations made under Article VI of this chapter;
(iii) Appeals of SEPA threshold determinations made pursuant to Article X of this
chapter (other than determinations of significance); and
(iv) Other matters not prohibited by law.
(4) The hearing examiner shall conduct a public hearing on all Type III development
proposals and appeals of Type II administrative decisions for the purpose of taking
testimony, hearing evidence, considering the facts germane to the proposal or appeal, and
evaluating the proposal or appeal for consistency with this Unified Development Code,
adopted plans and regulations. Notice of the hearing examiner hearing shall be in
accordance with JCC 18.40.230. As applicable, all appeals of administrative
interpretations made under Article VI of this chapter, and appeals of SEPA threshold
determinations made under Article X of this chapter (other than determinations of
significance (DS)) shall be considered together with the decision on the project
application in a single, consolidated public hearing.
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20
(5) In addition to the approval criteria listed elsewhere in this Unified Development
Code, the hearing examiner shall not approve a proposed development unless he/she first
makes the following findings and conclusions:
(a) The development adequately mitigates impacts identified under Articles VI-D
through VI-I of Chapter 18.15 JCC (i.e., environmentally sensitive areas) and Article X
of this chapter (i.e., SEPA implementing provisions);
(b) The development is consistent with the Jefferson County Comprehensive Plan and
meets the requirements and intent of this Unified Development Code;
(c) The development is not detrimental to the public health, safety and welfare;
(d) For subdivision applications, findings and conclusions shall be issued in
conformance with Chapter 18.35 JCC and RCW 58.17.110.
(6) In the hearing examiner’s decision regarding Type III actions and appeals of Type
II administrative decisions, the hearing examiner shall adopt written findings and
conclusions.
(a) The hearing examiner’s decision following closure of an open record predecision
public hearing on a Type III action shall include one of the following actions:
(i) Approve;
(ii) Approve with conditions;
(iii) Deny without prejudice (reapplication or resubmittal is permitted); or
(iv) Deny with prejudice (reapplication or resubmittal is not permitted for one year).
(b) A hearing examiner’s decision following an open record appeal hearing on a Type
II administrative decision, on a SEPA threshold determination on a Type II
administrative decision, or on a SEPA threshold determination on a Type III permit
decision shall include one of the following actions:
(i) Grant the appeal in whole or in part;
(ii) Deny the appeal in whole or in part; or
(iii) If appropriate, in a proceeding involving a SEPA appeal of a threshold
determination consolidated with the hearing on a Type III permit application, continue
the open record public hearing pending SEPA compliance.
(c) The hearing examiner decision shall be issued within 10 working days unless a
longer period is agreed upon by the hearing examiner and the applicant. [Ord. 11-00 §
8.4(3)]
18.40.290 Appellate hearing examiner action (appeals of Type III decisions).
(1) Upon receiving notice of an appeal of a Type III decision by the hearing
examiner, the appellate hearing examiner shall hold a closed record appeal hearing, adopt
written findings and conclusions and make a decision.
(2) The appellate hearing examiner’s decision following a closed record appeal
hearing shall include one of the following actions:
(a) Grant the appeal in whole or in part;
(b) Deny the appeal in whole or in part;
(c) Remand for further proceedings and/or evidentiary hearing in accordance with
JCC 18.40.340. [Ord. 11-00 § 8.4(4)]
18.40.300290 Board of county commissioners action (Type IV decisions).
(1) The board of county commissioners shall make a decision after reviewing Type
IV actions during a regularly scheduled meeting.
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21
(2) In its decision, the board of county commissioners shall make its decision by
motion, resolution or ordinance, as appropriate. [Ord. 11-00 § 8.4(5)]
18.40.310300 Procedures for public hearings.
Public hearings (including open record appeals of Type II decisions and open
record predecision hearings on Type III permit applications) shall be conducted in
accordance with the hearing examiner’s rules of procedure and shall serve to create or
supplement an evidentiary record upon which the hearing examiner will base his/her
decision. In cases where scientific standards and criteria affecting project approval are at
issue, the hearing examiner shall allow orderly cross-examination of expert witnesses
presenting reports and/or scientific data and opinions. The hearing examiner may address
questions to any party who testifies at a public hearing. The hearing examiner shall open
the public hearing and, in general, observe the following sequence of events:
(1) Staff presentation, including submittal of any administrative reports. The hearing
examiner may ask questions of the staff;
(2) Applicant presentation, including submittal of any materials. The hearing
examiner may ask questions of the applicant;
(3) Testimony or comments by the public germane to the matter;
(4) Rebuttal, response or clarifying statements by the staff and the applicant;
(5) The evidentiary portion of the public hearing shall be closed and the hearing
examiner shall deliberate on the matter before him/her;
(6) Pursuant to RCW 36.70.970, each final decision of the hearing examiner shall be
in writing and shall include findings and conclusions, based on the record, to support the
decision. Such findings and conclusions shall also set forth the manner in which the
decision would carry out and conform to the Jefferson County Comprehensive Plan, this
Unified Development Code and any other applicable county development regulations.
Each final decision of the hearing examiner, unless the applicant and hearing examiner
mutually agree to a longer period in writing, shall be rendered within 10 working days
following conclusion of all testimony and hearings. [Ord. 11-00 § 8.4(6)]
18.40.320 Procedures for closed record hearings and appeals.
Closed record hearings on appeals of Type III decisions to the appellate hearing
examiner shall be conducted in accordance with the appellate hearing examiner’s rules of
procedure and shall serve to provide argument and guidance for the appellate hearing
examiner’s decision. Except as provided in JCC 18.40.340, no new evidence or testimony
shall be given or received. The parties to an appeal of a hearing examiner decision to the
appellate hearing examiner may submit timely written statements or arguments. A
decision by the appellate hearing examiner shall be in writing and shall be rendered in a
timely manner as set forth in JCC 18.40.310(6). [Ord. 11-00 § 8.4(7)]
18.40.3310 Reconsideration.
A party of record at a public hearing or closed record appeal may seek
reconsideration only of a final decision by filing a written request for reconsideration
with the hearing examiner or appellate hearing examiner (as applicable) within five
calendar business days of the date of the final written decision. The request shall comply
with JCC 18.40.360330(5)(b). The hearing examiner or appellate hearing examiner (as
applicable) shall consider the request without public comment or argument by the party
filing the request, and shall issue a decision within 10 working days of the request. If the
request is denied, the previous action shall become final. If the request is granted, the
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hearing examiner or appellate hearing examiner (as applicable) may immediately revise
and reissue his/her decision or may call for argument in accordance with the procedures
for closed record appeals. Reconsideration should be granted only when an obvious legal
error has occurred or a material factual issue has been overlooked that would change the
previous decision. [Ord. 11-00 § 8.4(8)]
18.40.340 Remand.
If the appellate hearing examiner determines that the record on appeal is
insufficient or otherwise flawed, he/she may remand the matter back to the hearing
examiner to correct the deficiencies. [Ord. 11-00 § 8.4(9)]
18.40.350320 Final decision.
(1) Finality. All administrative interpretations made pursuant to Article VI of this
chapter and Type II and III project permit decisions under this code shall be final unless
appealed pursuant to Article V of this chapter.
(2) Finding and Conclusions. Each final decision of the hearing examiner, appellate
hearing examiner and, in the case of certain Type V decisions, as more fully set forth in
Chapter 18.45 JCC, the board of county commissioners, shall be in writing and shall
include findings and conclusions based on the record.
(3) Notice of Final Decision.
(a) Except for those permits exempted under JCC 18.40.080, upon issuance of the
final decision, the administrator shall provide a notice of decision that includes a
statement of all determinations made under SEPA and the procedures for administrative
appeal, if any, of the permit decision. The notice of decision may be a copy of the report
or decision on the project permit application. It shall also state that affected property
owners may request a change in valuation for property tax purposes notwithstanding any
program of revaluation fully set forth in RCW 36.70B.130.
(b) A copy of the notice of decision shall be mailed or hand delivered to the
applicant, any person who, prior to the rendering of the decision, requested notice of the
decision, and to all persons who submitted substantive written comments on the
application. The notice of decision shall be posted and published as set forth in JCC
18.40.210(1) and (2), and shall be provided to the Jefferson County assessor.
(4) Timing of Notice of Final Decision. The final decision on a development proposal
shall be made within 120 calendar days from the date of the determination of
completeness unless:
(a) Certain days are excluded from the time calculation pursuant to subsection (5) of
this section;
(b) The application involves a shoreline permit application for limited utility
extensions (RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to
protect a single-family residence and its appurtenant structures from shoreline erosion. In
those cases, the decision to grant or deny the permit shall be issued within 21 calendar
days of the last day of the comment period specified in JCC 18.40.220(2);
(c) The application involves a preliminary long plat application under Article IV of
Chapter 18.35 JCC. In such cases, the application shall be approved, disapproved, or
returned to the applicant for modification or correction within 90 days from the date of
the determination of completeness; or
(d) The application involves a final short plat application under Article III of Chapter
18.35 JCC, or a final long plat application under Article IV of Chapter 18.35 JCC. In
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such cases, the application shall be approved, disapproved or returned to the applicant
within 30 days from the date of the determination of completeness.
(5) Calculation of Time Periods for Issuance of Notice of Final Decision. In
determining the number of calendar days that have elapsed since the determination of
completeness, the following periods shall be excluded:
(a) Any period during which the applicant has been requested by the county to
correct plans, perform studies, or provide additional information. The period shall be
calculated as set forth in JCC 18.40.110(6)(b).
(b) If substantial project revisions are made or requested by an applicant, the 120
calendar days will be calculated from the time the county determines the revised
application is complete and issues a new determination of completeness.
(c) All time required for the preparation of an environmental impact statement (EIS)
following a determination of significance (DS) pursuant to Chapter 43.21 RCW.
(d) Any period for open record and/or closed record appeals of project permits under
JCC 18.40.360330; provided however, that the time period for the hearing and decision
shall not exceed a total of 90 calendar days for an open record appeal hearing or 60
calendar days for a closed record appeal hearing.
(e) Any extension of time mutually agreed upon by the county and the applicant.
(f) Any time required for the preparation of an administrator’s code interpretation
pursuant to Article VI of this chapter.
(6) The time limits established in this chapter do not apply if a project permit
application:
(a) Requires an amendment of the Jefferson County Comprehensive Plan or this
Unified Development Code; or
(b) Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200.
(7) Notice to Applicant. If the county is unable to issue its final decision on a project
permit application within the time limits provided for in this chapter, it shall provide
written notice of this fact to the project applicant. The notice shall include a statement of
reasons why the time limits have not been met and an estimated date for issuance of the
notice of decision.
(8) Effective Date. The final decision of the administrator, hearing examiner,
appellate hearing examiner or board of county commissioners shall be effective on the
date stated in the decision, motion, resolution or ordinance; provided, however, that the
appeal periods shall be calculated from the date of the land use decision, as further
provided in JCC 18.40.3630(4)& 18.40.340. [Ord. 11-00 § 8.4(10)]
Article V. Appeals
18.40.3630 Administrative appeals.
In the absence of a specific right of appeal authorized under this UDC, there shall
be no right to administrative appeals.
(1) Type I Permits. Decisions of the Administrator on Type I permits and decisions
regarding the appropriate permit process to be used for discretionary conditional use
permit applications (i.e., “C(d)” uses listed in Table 3-1 in JCC 18.15.040) under JCC
18.40.5520, are not appealable to the hearing examiner. However, administrative code
interpretations may be appealed as set forth in Article VI of this chapter.
(2) Type II Permits.
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(a) The administrator’s final decision on a Type II permit application may be
appealed by a party of record to the hearing examiner for an open record appeal hearing
as further set forth in JCC 18.40.280. The responsible official’s SEPA determination of
nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) may also
be appealed by a party of record to the hearing examiner for an open record appeal
hearing. Administrative appeals of a DS or draft or final EIS are not allowed. Closed
record appeals of Type II permit decisions (i.e., to the appellate hearing examiner) are not
allowed.
(b) All appeals of Type II permit decisions must be in writing, conform with the
procedures for appeal set forth in subsection (5) of this section, and be filed within 14
calendar days after the notice of decision is issued. Appeals of environmental
determinations under SEPA, except for a determination of significance (DS), shall be
consolidated with any open record hearing on the project permit. (See RCW
36.70B.110(6)(d)).
(3) Type III Permits.
(a) The responsible official’s DNS or MDNS may be appealed to the hearing
examiner by the applicant or anyone commenting on the environmental impacts of the
proposal (as further set forth in JCC 18.40.810780). The appeal must be in writing, in
conformance with subsection (5) of this section, and be filed within 14 calendar days
after the threshold determination is issued as set forth in subsection (4) of this section.
Appeals of environmental determinations under SEPA, shall be consolidated with any
open record hearing on the project permit. (See RCW 36.70B.110(6)(d)). Administrative
appeals of a DS or draft or final EIS are not allowed.
(b) The hearing examiner’s decision on a Type III permit (including its decision on
the underlying project and any decision on a SEPA appeal) may be appealed by a party of
record to the appellate hearing examiner. Any such appeal must be in writing, in
conformance with subsection (5) of this section, and be filed within 14 calendar days
after the notice of decision is issued pursuant to subsection (4) of this section.
(4) Calculation of Appeal Periods. The appeal periods shall be calculated as of the
date the notice of decision is published or, for appeals involving a SEPA determination ,
from the date the decision is issued pursuant to WAC 197-11-340(2)(d).
(5) Procedure for Appeals.
(a) A notice of appeal shall be delivered to the administrator by mail or by personal
delivery, and must be received by 4:00 p.m. on the last business day of the appeal period,
with the required appeal fee pursuant to the Jefferson County fee ordinance.
(b) The notice of appeal shall contain a concise statement identifying:
(i) The decision being appealed and the identification of the application which is the
subject of the appeal;
(ii) The name, address, and phone number of the appellant and his/her interest in the
matter;
(iii) Appellant’s statement describing standing to appeal (i.e., how he or she is affected
by or interested in the decision);
(iv) The specific reasons why the appellant believes the decision to be wrong. The
appellant shall bear the burden of proving the decision was wrong;
(v) The desired outcome or changes to the decision; and
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(vi) A statement that the appellant has read the appeal and believes the contents to be
true, signed by the appellant.
(c) Any notice of appeal not in full compliance with this section shall not be
considered. [Ord. 11-00 § 8.5(1)]
18.40.3740 Judicial appeals.
(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal
from the final decision of the administrator, hearing examiner, appellate hearing
examiner or any other final decisions as specifically authorized to the Jefferson County
superior court within 21 calendar days of the date of the issuance of the land use decision,
as defined by the Land Use Petition Act, RCW 36.70C.040(4), unless another time period
is established by superseding state law or local ordinance. to a court of competent
jurisdiction in a manner consistent with state law. All appellants must timely exhaust all
administrative remedies prior to filing a judicial appeal.
(2) Service of Appeal. Notice of appeal and any other pleadings required to be filed
with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and
all persons identified in RCW 36.70C.040, within the applicable time period. This
requirement is jurisdictional.
(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and
preparing all records ordered certified by the court or desired by the appellant for the
appeal. Prior to the preparation of any records, the appellant shall post an advance fee
deposit in an amount specified by the county auditor with the county auditor. Any
overage will be promptly returned to the appellant.
(4) Land Use Petition Act. The Land Use Petition Act, Chapter 36.70C RCW, shall
govern judicial review of land use decisions. [Ord. 11-00 § 8.5(2)]
Article VI. Unified Development Code Interpretation
18.40.3850 Purpose.
An interpretation of the provisions of this Unified Development Code is intended
to clarify conflicting or ambiguous wording, interpret proper classification of a use, or
interpret the scope or intent of the provisions of this code; provided, however, that
interpretations of the provisions adopted under the Jefferson County building code,
Chapter 15.05 JCC, or its successor ordinance, may not be requested under this article.
An interpretation of the provisions of this code may not be used to amend the code.
Further, code interpretations are not considered a project permit action subject to
“typing” and the public notice requirements contained in Articles I through V of this
chapter. [Ord. 11-00 § 8.6(1)]
18.40.3960 Submission requirements.
(1) Who May Request Interpretation. Any person may request a written interpretation
of the provisions of this code. Additionally, the administrator may issue an interpretation
on the administrator’s own initiative.
(2) The Administrator may require that any request that seeks interpretation of more
than four UDC sections be broken down into smaller requests, each requiring the
standard fee. The Administrator may limit the code interpretation to what is deemed
necessary to clarify the section and may decline responding to requests that are deemed
excessive or onerous or those that ask hypothetical questions.
(23) Submittal Requirements. Any person requesting an interpretation of this code
shall submit a written request specifying each provision of the code for which an
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interpretation is requested, why an interpretation of each provision is necessary, and any
reasons or materials in support of a proposed interpretation. The applicant shall pay the
fee set forth in the Jefferson County fee ordinance or an administrator’s interpretation.
(34) Factors for Consideration. In making an interpretation of the provisions of this
code, the administrator should consider the following, as applicable:
(a) The applicable provisions of this code, including its purpose and context;
(b) The implications of the interpretation for development within the county as a
whole, including the precedent the interpretation will set for other applicants; and
(c) Consistency with the Jefferson County Comprehensive Plan and other relevant
ordinances and policies.
(45) Conflicts with Other Regulations. Where conflicts occur between the provisions
of this code and the Jefferson County building code, Chapter 15.05 JCC, or its successor
ordinance, or other regulations of the county, the more restrictive shall apply. If any
conflict between the land use districts map and the text of this code ensue, the text of this
code shall prevail. [Ord. 11-00 § 8.6(2)]
18.40.400370 Administrator’s decision.
(1) The DCD administrator’s decision on a request for an interpretation shall include
the name of the applicant, the description of the subject proposal, the language of the
provisions of this code subject to interpretation, the explanation of the DCD
administrator’s interpretation, and any other necessary information reasonably related to
the proposal.
(2) Response to Written Request. The DCD administrator shall mail a written
response to any person filing a written request to interpret the provisions of this code
within 28 calendar days of having received the request; provided, however, that when a
request is made by a permit applicant while a project is pending and after a determination
of completeness has been issued, the permit applicant must agree to waive the time frame
required under Article IV of this chapter to allow for preparation of the interpretation,
and any changes to the project that the interpretation might require. [Ord. 11-00 § 8.6(3)]
18.40.410380 Time limitation and enforcement.
(1) Time Limitation. An interpretation of this code remains in effect unless and until
rescinded in writing by the administrator, or superseded by a formal amendment under
JCC 18.45.090.
(2) Enforcement. An interpretation of this code issued in accordance with this article
may be enforced in the same manner that any provision of this code is enforced (see
Chapter 18.50 JCC). All written interpretations of this code, with a current index of such
interpretations shall be maintained by DCD and made available for public inspection.
[Ord. 11-00 § 8.6(4)]
18.40.42390 Appeals of administrator’s interpretations.
When an interpretation is made in response to a written request pursuant to the
provisions of this article, the person filing the written request may appeal the decision of
the administrator to the hearing examiner within 14 calendar days of the decision using
the process for appeals of Type II permit decisions as set forth in JCC 18.40.360340. The
fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be
paid by the appellant at the time of filing the appeal. [Ord. 11-00 § 8.6(5)]
18.40.430400 Judicial appeal.
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Appeals from the final decision of the hearing examiner shall be made to the
Jefferson County superior court within 21 calendar days of the date the decision or action
becomes final, as set forth in JCC 18.40.370340. All appeals must conform to the
provisions of JCC 18.40.370340, and are subject to the requirements set forth in that
section. [Ord. 11-00 § 8.6(6)]
Article VII. Site Plan Approval Advance Determinations
18.40.4410 Purpose.
The purpose of this article is to allow prospective buyers, owners or developers of
land a means to obtain advance determinations of the site requirements and constraints to
particular parcels without undertaking the risk or expense of applying for a “triggering”
building or other development permit. It is intended to reduce the cost of development
and aid in the facilitation of predevelopment financing for applicants. [Ord. 11-00 §
8.7(1)]
18.40.4520 Scope.
All “Yes” uses identified in Table 3-1 in JCC 18.15.040, or classified as such by
the administrator pursuant to Article II of Chapter 18.15 JCC, that require issuance of a
building or septic permit are eligible to obtain site plan approval advance determination.
Advanced site plan approval may be granted without an accompanying building or
development permit only upon completion of an administrative review process to ensure
consistency with the performance standards of Chapter 18.20 JCC, the development
standards of Chapter 18.30 JCC and other applicable requirements of the UDC. The
decision of the administrator regarding site plan review may be appealed only as part of
an appeal of an underlying building or other construction or development permit
decision. [Ord. 3-01 § 1; Ord. 11-00 § 8.7(2)]
18.40.4630 Application requirements.
Each application for site plan approval advance determination shall include the
information required by JCC 18.40.100(1) and must identify the specific proposed use of
the property for which the application is being submitted. Any commercial, industrial,
small-scale recreational and tourist use, or multifamily residential use listed as a “Yes”
use in Table 3-1 in JCC 18.15.040, or classified as such by the administrator, that seeks
site plan approval advance determination under this article shall also be subject to the
additional application submittal requirements of JCC 18.40.1080(2) and the
preapplication conference requirements of JCC 18.40.0970. The administrator may
require additional information subject to the specific submittal requirements of JCC
18.40.100(3) and (4), where determined by the administrator to be necessary for review
of a site plan approval advance determination application. For the purposes of meeting
the requirements of this article, the application requirements of JCC 18.40.100(1)(g) shall
be interpreted to require the submittal of soil logs and other applicable information
pursuant to WAC 246-272-11001 and the Jefferson County Code necessary to determine
compliance with the Jefferson County health department regulations regarding on-site
septic disposal.
The administrator may waive specific submittal requirements determined to be
unnecessary for review of a site plan approval advance determination application. [Ord.
11-00 § 8.7(3)]
18.40.4740 Application review.
Review of applications for site plan review shall be as follows:
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(1) Review Procedures. When the administrator determines that an application is
technically complete, as defined in JCC 18.40.110, the application shall be processed as a
Type I permit under procedures specified in Article IV of this chapter.
(2) Referral and Review of Application. The administrator shall transmit a copy of
the application, or appropriate parts of the application, to affected agencies and county
departments for review and comment. [Ord. 11-00 § 8.7(4)]
18.40.4850 Approval criteria.
Site plans shall be approved upon showing that all of the following have been
satisfied:
(1) The proposed site plan conforms to all applicable county, state and federal, land
use, environmental and health regulations and plans, including, but not limited to the
following:
(a) The Jefferson County Comprehensive Plan; and
(b) The provisions of this code, including any incorporated standards.
(2) Adequate provisions for utilities and other public services necessary to serve the
needs of the proposed site plan have been demonstrated, including open spaces, drainage
ways, roads, and other public ways, potable water, sewage disposal, fire flow and other
improvements;
(3) The probable significant adverse environmental impacts of the proposed site plan,
together with any practical means of mitigating adverse impacts, have been considered
such that the proposal will not have an unacceptable adverse effect upon the quality of
the environment, in accordance with the State Environmental Policy Act (SEPA)
implementing provisions contained within this chapter and Chapter 43.21C RCW;
(4) Approving the proposed site plan will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare. [Ord.
11-00 § 8.7(5)]
18.40.4960 Duration of approval.
Approval of the site plan shall be effective for five years from the date of original
approval by the administrator. If a building permit has not been issued within the five-
year period, the site plan approval shall expire. An expired site plan approval advance
determination cannot be revived or extended except by new application that must meet all
then-existing criteria and conditions listed in this article. Knowledge of the expiration
date and shall be the responsibility of the applicant. The county will not provide
notification prior to expiration. [Ord. 3-01 § 1; Ord. 11-00 § 8.7(6)]
18.40.50470 Limitations on approval.
Approval of the site plan shall not guarantee the performance of specific site
features or improvements (e.g., wells, septic systems, stormwater drainage facilities, etc.)
and any proposal granted a site plan approval advance determination shall not be immune
from changes in state or federal laws which are enacted or have an effective date after the
date of the site plan approval advance determination and which may affect the
performance and implementation of the site plan and associated use or activity. Any
subsequent land division or boundary line adjustment of a parcel or lot which has
received site plan approval advance determination under this article shall void such site
plan approval and require a new site plan approval advance determination application.
Approval of a site plan under this section does not constitute authority to commence any
development or building activity until such time as final authorizing permits are issued
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(e.g., septic, wells, stormwater management, or building permits, etc.). [Ord. 11-00 §
8.7(7)]
18.40.510480 Modifications to an approved site plan.
(1) Minor modifications to a previously approved site plan under this article may be
requested by the applicant and approved by the administrator subject to the provisions for
Type I decisions; provided, that the modification does not involve any of the following:
(a) A change of proposed land use to one other than that approved for the original site
plan;
(b) The location or relocation of a road or street (excluding driveways, internal
parking or accessways);
(c) An adjustment that crosses land use district boundaries where the administrator
reasonably believes that the adjustment is intended to serve as a rationale for a future site-
specific land use district redesignation application;
(d) The creation of an additional lot, tract or parcel;
(e) Would create a site plan for a parcel that does not qualify as a building site
pursuant to this code;
(f) Would make the site plan inconsistent with any restrictions or conditions of
approval for a recorded short plant, long plat, boundary line adjustment, plat amendment
or binding site plan.
(2) Before approving such an amendment, the administrator shall make written
findings and conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the site plan to be inconsistent
with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of
application approval; and
(c) The modification will not cause the site plan approval advance determination to
violate any applicable county policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this
section, or exceed the criteria set forth in subsection (2) of this section, shall be processed
as a new site plan approval advance determination application. [Ord. 11-00 § 8.7(8)]
Article VIII. Conditional Uses
18.40.52490 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the
application of the use regulations contained in this code in order to accommodate uses
that may be appropriate in an established district under certain circumstances, but
inappropriate in the same district under others. At the time of application, a review of the
location, design, configuration, and potential impact of the proposed use shall be
conducted by comparing the use to the goals and policies established in the Jefferson
County Comprehensive Plan and to adopted development standards. This review shall
determine whether the proposed use should be permitted by weighing the public need or
the benefit to be derived from the use, against the impact that it may cause. [Ord. 11-00 §
8.8(1)]
18.40.5300 Scope.
This article shall apply to each application for a conditional use permit. Only
those uses indicated by a “C(a),” “C(d)” or “C” opposite the use in Table 3-1 in JCC
18.15.040 will be considered for a conditional use permit. [Ord. 11-00 § 8.8(2)]
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18.40.540510 Application submittal and contents.
(1) The application for a conditional use permit shall be submitted to DCD on forms
provided by the department, along with the appropriate fees established under the
Jefferson County fee ordinance. The application shall include all materials required
pursuant to JCC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be
unnecessary for review of an application. [Ord. 11-00 § 8.8(3)]
18.40.550520 Conditional use permit types – Review processes.
(1) Applications for uses listed as an administrative conditional use permit (i.e.,
“C(a)”) in Table 3-1 in JCC 18.15.040 shall be processed according to the procedures for
Type II land use decisions established in Article IV of this chapter.
(2) Applications for uses listed as discretionary conditional use permits (i.e., “C(d)”)
in Table 3-1 in JCC 18.15.040 shall, at a minimum, be processed according to the
procedures for Type II land use decisions established in Article IV of this chapter.
However, in accordance with this subsection, the administrator may on a case-by-case
basis refer a discretionary conditional use permit application to the hearing examiner to
be processed according to the procedures for Type III land use decisions established in
Article IV of this chapter.
(a) Required Findings. Prior to referring an application for a use listed as “C(d)” in
Table 3-1 in JCC 18.15.040 to the hearing examiner, the administrator shall make one or
both of the following findings:
(i) In the exclusive, discretionary judgment of the administrator, the application
involves potentially significant issues relating to location, design, configuration, and
potential impacts to surrounding properties and the community that can be more
appropriately considered and addressed through an open public record pre-decision
hearing before the Jefferson County hearing examiner; or
(ii) In the exclusive, discretionary judgment of the administrator, the application
seeks approval of a use involving complex legal issues necessitating special expertise in
the decisionmaker.
(b) Timing. The administrator shall determine whether or not to refer an application
to the hearing examiner, for a public hearing, concurrent with the determination of
completeness required under JCC 18.40.110(1).
(c) Discretion of the Administrator. The administrator’s decision to refer an
application to the hearing examiner under this subsection to be processed as a Type III
application shall be for the purpose of affording maximum fairness in decision-making
and procedural due process protection, and shall not affect the substantive applicability of
local, state or federal policies or law applicable to any permit application. The decision to
refer any application to the hearing examiner to be processed as a Type III application
rests exclusively within the discretion of the administrator.
(d) No Notice or Hearing Required. Because the administrator’s decision to refer (or
not to refer) an application for a use listed as “C(d)” in Table 3-1 in JCC 18.15.040 to the
hearing examiner for a public hearing rests solely in the administrator’s discretion, the
county is not required to provide prior notice of the administrator’s decision. The
administrator shall not be required to hold a public hearing on such a decision. The
decision of the administrator made pursuant to this JCC 18.40.120(2) shall not constitute
an appealable administrative decision.
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(3) Applications for uses listed as a “C” in Table 3-1 in JCC 18.15.040 shall be
processed according to the procedures for Type III land use decision established in
Article IV of this chapter. [Ord. 11-00 § 8.8(4)]
18.40.560530 Approval criteria for all conditional uses.
(1) The county may approve or approve with modifications an application for a
conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)”
or “C”) if all of the following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and
appearance with the existing or intended character and quality of development in the
vicinity of the subject property and with the physical characteristics of the subject
property;
(b) The conditional use will be served by adequate infrastructure including roads, fire
protection, water, wastewater disposal, and stormwater control;
(c) The conditional use will not be materially detrimental to uses or property in the
vicinity of the subject parcel;
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations,
odors, or other conditions or which unreasonably impact existing uses in the vicinity of
the subject parcel;
(e) The location, size, and height of buildings, structures, walls and fences, and
screening vegetation for the conditional use will not unreasonably interfere with
allowable development or use of neighboring properties;
(f) The pedestrian and vehicular traffic associated with the conditional use will not be
hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
(g) The conditional use complies with all other applicable criteria and standards of
this code and any other applicable local, state or federal law; and more specifically,
conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h) The proposed conditional use will not result in the siting of an incompatible use
adjacent to an airport or airfield;
(i) The conditional use will not cause significant adverse impacts on the human or
natural environments that cannot be mitigated through conditions of approval;
(j) The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals and policies of the
Jefferson County Comprehensive Plan; and
(l) The public interest suffers no substantial detrimental effect. Consideration shall
be given to the cumulative effect of similar actions in the area.
(2) In instances where all of the above findings cannot be made, the application shall
be denied. [Ord. 11-00 § 8.8(5)]
(3) The Administrator may consider applications for modifications of lawfully
established conditional uses and developments approved under this Code and conditional
uses in existence on December 18, 2000 when the application proposes to bring the
existing use substantially closer to compliance with the standards of this Code. The
Administrator may approve, conditionally approve, or deny the modification application.
A site plan conforming to the provisions of this chapter and JCC 18.40 Article II –
Project Permit Application (Type I – IV) shall accompany the application showing the
location, size and type of modification proposed by the applicant.
(4) Modifications may be approved by the Administrator under Type I review
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procedures, provided that the cumulative modifications of the approved use will not
exceed the following limitations:
a. The modification will not increase residential use by more than one unit, if
allowed by the land use district;
b. The modification will not increase the required amount of parking by more than
twenty (20) percent or twenty spaces (whichever is less);
c. The proposed modification will not expand the total square footage of all
structures and/or outdoor us areas, excluding parking, by more than twenty (20)
percent. In addition, the proposed expansion of the structure shall not result in
total size of the structure exceeding the maximum building size limits in JCC
18.30;
d. The modification will not change or modify any special condition imposed under
any previous official review;
e. The modification will not significantly reduce the amount or location of required
site screening;
f. The modification will not expand an existing nonconforming use or structure, or
render a conforming use or structure nonconforming;
g. The modification will not establish a new use;
h. The modification will not expand a mining/site operation, mineral processing or
mineral batching activity;
i. In the determination of the Administrator, the modification will not create or
materially increase any adverse impacts or undesirable effects of the project, or
cause the use or structure to become inconsistent with the comprehensive plan or
the purpose of the land use class and district.
(5) All proposed uses, structures and site improvements (and modifications thereof)
shall comply with the development standards of this Code.
(6) Any proposed modification that does not meet all the requirements of this
subsection shall not be approved through this process, but shall be reviewed through the
current review procedures as outlined by Section 8 of this Code.
(7) Decisions to administratively approve modifications shall be administered
through a consistency review of development permits in accordance with this Code and
any previous conditions of approval.
18.40.570540 Additional conditions.
The county may impose additional conditions on a particular use if it is deemed
necessary for the protection of the surrounding properties, the neighborhood, or the
general welfare of the public. The conditions may:
(1) Increase requirements in the standards, criteria or policies established by this
code;
(2) Stipulate an exact location for the conditional use on the subject property as a
means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
(3) Require structural features or equipment as a means of minimizing hazards to life,
limb, property damage, erosion, landslides or traffic; or
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(4) Contain restrictions or provisions deemed necessary to establish parity with uses
permitted in the same zone with respect to avoiding nuisance generating features in
matters of noise, odors, air pollution, wastes, vibration, traffic and physical hazards. [Ord.
11-00 § 8.8(6)]
18.40.580550 Use of property before final decision.
No building permit shall be issued for any use involved in an application for
approval for a conditional use permit until the conditional use permit is approved and
becomes effective. [Ord. 11-00 § 8.8(7)]
18.40.590560 Effective period – Expiration.
(1) A conditional use permit automatically expires and becomes void if the applicant
fails to file for a building permit or other necessary development permit within three
years of the effective date (the date of the decision granting the permit) of the permit
unless the permit approval provides for a greater period of time.
(2) Extensions to the duration of the original permit approval are prohibited.
(3) The department of community development shall not be responsible for notifying
the applicant of an impending expiration. [Ord. 11-00 § 8.8(8)]
18.40.600570 Modification of a conditional use permit.
The county may modify an approved conditional use permit as follows: the
county may delete, modify or impose additional conditions upon finding that the use for
which the approval was granted has been intensified, changed or modified by the
property owner or by person(s) who control the property without approval so as to
significantly impact surrounding land uses. A modification will be processed as a Type II
land use decision pursuant to JCC 18.40.270. [Ord. 11-00 § 8.8(9)]
18.40.610580 Conditional use permit to run with the land.
A conditional use permit granted under this article shall continue to be valid upon
a change of ownership of the site, business, service, use or structure that was the subject
of the permit application. No other use is allowed without approval of an additional
conditional use permit. [Ord. 11-00 § 8.8(10)]
18.40.620590 Permit suspension or revocation.
The county may suspend or revoke an approved conditional use permit pursuant
to Chapter 18.50 JCC only upon finding that:
(1) The use for which the approval was granted has been abandoned for a period of at
least one year;
(2) Approval of the permit was obtained by misrepresentation of material fact; or
(3) The permit is being exercised contrary to the terms of approval. [Ord. 11-00 §
8.8(11)]
18.40.630600 Assurance device.
In appropriate circumstances, the administrator may require a reasonable
performance or maintenance assurance device, in a form acceptable to the county
prosecutor, to assure compliance with the provisions of this code and the conditional use
permit as approved. [Ord. 11-00 § 8.8(12)]
Article IX. Variances (Minor and Major)
18.40.640610 Purpose.
The purpose of this article is to ensure that all persons and their property are
guaranteed equal rights and opportunities under similar circumstances. A variance is
never to be used to endow certain persons or property with special privileges denied to all
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34
others under similar circumstances. Variances may only be granted for dimensional, area
and bulk requirements (e.g., height, setbacks, yard size, lot coverage, frontage, floor area
and the like) specified by this code. [Ord. 11-00 § 8.9(1)]
18.40.650620 Scope.
This article shall apply to all applications for variances from the provisions of this
code, except for reasonable economic use variances and environmentally sensitive area
buffer width reductions, which shall be governed by the provisions of Article VI-D of
Chapter 18.15 JCC. [Ord. 11-00 § 8.9(2)]
18.40.660630 Application submittal and contents.
(1) The application for a variance shall be submitted to DCD on forms provided by
the department, along with the appropriate fees established under the Jefferson County
fee ordinance. The application shall include all materials required pursuant to JCC
18.40.100.
(2) The administrator may waive specific submittal requirements determined to be
unnecessary for review of an application. [Ord. 11-00 § 8.9(3)]
18.40.670640 Variance types – Review processes.
The following are subject to this permit review process:
(1) Minor and Major Variances Distinguished.
(a) Minor variances include variances that would permit expansion of an existing
building which 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:
(i) Increase the nonconformity of the building; and
(ii) Result in any portion of the building or expansion being located closer to an
abutting property line than does the existing building at its nearest point to the property
line.
(b) Major variances include all other variances (i.e., all variances not described in
subsection (1)(a) of this section).
(2) Minor Variances. Applications for minor variances shall be processed according
to the procedures for Type II land use decisions established in JCC 18.40.270.
(3) Major Variances. Applications for major variances shall be processed according
to the procedures for Type III land use decisions established in Article IV of this chapter.
[Ord. 11-00 § 8.9(4)]
18.40.680650 Approval criteria.
A variance may be granted only if the applicant demonstrates all of the following:
(1) The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district in which the
subject property is located;
(2) The variance is necessary because of special circumstances relating to the size,
shape, topography, location or surroundings of the subject property, to provide it with use
rights and privileges permitted to other properties in the vicinity and in the land use
district in which the subject property is located;
(3) The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and land use district
in which the subject property is located;
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(4) The special circumstances of the subject property make the strict enforcement of
the provisions of this code an unnecessary hardship to the property owner;
(5) The special circumstances are not the result of the actions of the applicant; and
(6) The variance is consistent with the purposes and intent of this Unified
Development Code. [Ord. 11-00 § 8.9(5)]
18.40.690660 Additional conditions.
In granting any variance, the decision-maker may prescribe appropriate conditions
and safeguards to assure that the purpose and intent of this code will not be violated.
[Ord. 11-00 § 8.9(6)]
18.40.700670 Limitation on authority.
The administrator or hearing examiner (as applicable) may not grant a variance
under this article for the following:
(1) The provisions of this code establishing allowed, conditional, discretionary and
prohibited uses within the various land use districts (i.e., Table 3-1 in JCC 18.15.040);
(2) The density provisions of this code;
(3) The procedural or administrative provisions of this code; or
(4) Any provision of this code which, by its terms, is not subject to a variance. [Ord.
11-00 § 8.9(7)]
18.40.710680 Effective period – Expiration.
(1) A variance approval automatically expires and becomes void if the applicant fails
to file for a building permit or other necessary development permit within three years of
the date of the decision granting the variance unless the variance approval provides for a
greater period of time.
(2) Extensions to the duration of the original variance approval are prohibited.
(3) The department of community development shall not be responsible for notifying
the applicant of an impending expiration. [Ord. 11-00 § 8.9(8)]
18.40.72690 Assurance device.
In appropriate circumstances, the administrator or hearing examiner (as
applicable) may require a reasonable performance or maintenance assurance device, in a
form acceptable to the prosecuting attorney, to assure compliance with the provisions of
this title and the variance as approved. [Ord. 11-00 § 8.9(9)]
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.7300 Authority.
(1) This section contains county procedures and policies implementing the State
Environmental Policy Act (SEPA) (Chapter 43.21C RCW). Jefferson County adopts this
article under RCW 43.21C.120, as amended, and WAC 197-11-904.
(2) SEPA Rules – Adoption by Reference. The county hereby adopts by reference the
SEPA rules, Chapter 197-11 WAC. The SEPA rules must be used in conjunction with
this article. This article contains uniform usage and definitions of terms under SEPA and
the SEPA rules. The county adopts by reference the definitions in WAC 197-11-700 et
seq., as supplemented by Chapter 18.10 JCC. [Ord. 11-00 § 8.10(1)]
18.40.740710 Purpose.
The purpose of this article is to adopt regulations that implement SEPA,
consistent with the SEPA rules. This is accomplished by ensuring that:
(1) Environmental values are considered in making land use and agency decisions,
and reasonable alternatives and conditions are identified and implemented to mitigate (as
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provided in this article) the adverse environmental impacts of proposed actions on the
environment;
(2) Adequate and timely environmental information is gathered and provided to
decision-makers, and procedural delay and duplication is avoided; and
(3) Opportunity for public involvement is included in the decision-making process.
[Ord. 11-00 § 8.10(2)]
18.40.750720 Responsible official – Decision-making authority.
(1) The responsible official shall be the administrator.
(2) For those proposals for which the county is the lead agency, the responsible
official is vested with authority to and shall make the threshold determination, determine
an exemption (if any), supervise scoping and preparation of any required environmental
impact statement (EIS), administer the SEPA rules and this article, and perform any other
functions assigned to the “lead agency” or “responsible official” by the SEPA rules.
(3) The responsible official shall be responsible for the written comments of the
county in response to a consultation request:
(a) Prior to issuance of a threshold determination;
(b) For participation in scoping; or
(c) For review of a draft environmental impact statement (DEIS).
(4) The department of community development (DCD) shall maintain all documents
required by SEPA rules and make them available in accordance with the Chapter 42.17
RCW (the Disclosure – Campaign Finances – Lobbying Records Act). [Ord. 11-00 §
8.10(3)]
18.40.760730 Lead agency determination and responsibilities.
(1) The county department receiving application for or initiating a proposal that
includes a non-exempt action shall determine the lead agency for the proposal under
WAC 197-11-050 and WAC 197-11-922 through 197-11-940, unless lead agency has
been previously established.
(2) When the county is lead agency, the responsible official shall supervise
compliance with threshold determination requirements. If an EIS is required, that official
shall supervise preparation of the EIS.
(3) When the county is not lead agency, the county shall use and consider the
determination of nonsignificance (DNS), mitigated determination of nonsignificance
(MDNS), or final environmental impact statement (FEIS) of the lead agency in making
decisions on the proposal. Unless required under WAC 197-11-600 no DNS or EIS in
addition to that issued by the lead agency shall be prepared. The county may, however,
conduct supplemental environmental review under WAC 197-11-600.
(4) If the county receives a lead agency determination that appears inconsistent with
criteria contained in WAC 197-11-922 through 197-11-940, it may object to the
determination. Objection must be made to the agency that made the determination and
must be resolved within 15 calendar days of receipt of the determination, or the county
must petition the Department of Ecology for lead agency determination under WAC 197-
11-946 within the 15 calendar day period. The responsible official may initiate any such
petition on behalf of the county.
(5) Any county department making lead agency determination for a private proposal
shall require sufficient information to identify all other agencies with jurisdiction over the
proposal. [Ord. 11-00 § 8.10(4)]
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18.40.770740 Initiation of SEPA review – Limitations on actions during review.
(1) Initiation of Review. The county’s SEPA process begins when a permit
application is submitted to the county, or when the county proposes to take an official
action as defined in WAC 197-11-704.
(2) Limitations on Actions during SEPA Process. Until the responsible official issues
a final DNS or FEIS and the SEPA appeal period has lapsed, the county shall not take
any project action (issuing permits, approvals, etc.) on a nonexempt project, or take any
nonproject action (decisions on policies, plans, programs, etc.), that would have an
adverse environmental impact or would limit the choice of reasonable alternatives. [Ord.
11-00 § 8.10(5)]
18.40.780750 Categorically exempt actions – Use of existing documents and analyses.
(1) Categorically Exempt Levels.
(a) Except as set forth in subsection (1)(b) of this section, Jefferson County adopts
and incorporates by reference the categorical exemption levels set forth in WAC 197-11-
800.
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any
landfill or excavation activity in Jefferson County shall be 500 cubic yards.
(c) Pursuant to WAC 197-11-800(c)(ii), the maximum exempt level for the
construction of a barn, loafing shed, farm equipment storage building, produce storage or
packing structure, or similar agricultural structure, covering 30,000 square feet, and to be
used only by the property owner or his or her agent in the conduct of farming the
property. This exemption shall not apply to feed lots.
(d) Pursuant to WAC 197-11-800(c)(iii), the maximum exempt level for the
construction of an office, school , commercial, recreational, service or storage building
with 12,000 square feet or gross floor area, and with associated parking facilities
designed for up to 40 automobiles.
(e) Pursuant to WAC 197-11-800(c)(iv), the construction of a parking lot designed
for 40 automobiles shall be exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1)
of this section do not require review under this article or the preparation of an
environmental impact statement, and may not be conditioned or denied under SEPA,
except as provided in WAC 197-11-305 and subsection (3) of this section.
(3) Use of Exemptions.
(a) The responsible official will determine the applicability of a categorical
exemption. The determination by the responsible official that a proposal is exempt from
SEPA is final. None of the procedural requirements of this article (except as provided in
WAC 197-11-305 and this subsection apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official
shall determine the lead agency pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize
exempt actions prior to compliance with procedural requirements of this article, except as
provided in subsections (3)(d) through (3)(g) of this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may
not authorize the use of exemptions for:
(i) Actions that are not exempt;
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(ii) Any action that would have an a probable significant adverse environmental
impact;
(iii) A series of exempt actions that are physically or functionally related which
together would result in a probable significant adverse environmental impact for the
overall project; or
(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to
modification of the physical environment when such modification would serve no
purpose if nonexempt action(s) were not approved (see WAC 197-11-305(1) (b)(i)).
(f) The county may withhold approval of exempt actions that would lead to
substantial financial expenditures by a private applicant when the expenditures would
serve no purpose if the non-exempt action(s) were not approved (see WAC 173-806-
060).
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800
shall remain exempt under SEPA even when located in one or more of the
environmentally sensitive areas (ESAs) classified, designated and mapped under Article
VI-D of Chapter 18.15 JCC. However, the categorical exemptions listed in WAC 197-11-
800 shall not apply when undertaken wholly or partly on lands covered by water,
regardless of whether or not such lands are mapped as ESAs. Proposals in areas subject to
this subsection (3)(g) shall require environmental review and a threshold determination,
and may be conditioned or denied under this article (see WAC 197-11-756, 197-11-800,
and 197-11-908).
(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or
incorporation of existing documents and analyses are provided in WAC 197-11-600, 197-
11-610, 197-11-630, and 197-11-635.
(5) Planned Actions.
(a) The county may, as part of its planning processes, elect to perform or have
performed for it in advance of any development proposal, the environmental review and
analysis for certain actions and their probable impacts. These “planned actions” must be
so designated by ordinance or resolution adopted by the county after the analysis of the
actions and their impacts has been completed.
(b) Planned actions must be located in an urban growth area, a master planned resort
(MPR), or a fully contained community, and meet the additional requirements contained
in RCW 43.21C.031 (2)(a).
(c) The analysis must be sufficient to identify and analyze all probable significant
impacts and most nonsignificant impacts of the actions, and to identify (and, optionally,
provide) to a great extent the mitigation necessary (i.e., the significant impacts must be
“adequately addressed” in an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a
development proposal being prepared under a planned action does not require a threshold
determination or the preparation of an environmental impact statement, but is subject to a
full environmental review of its impacts and full requirements for mitigation as identified
and specified by the review for the planned action in subsection (5)(c) of this section.
(e) If the environmental review identifies additional impacts not addressed by the
planned action, a checklist and threshold determination shall be required. [Ord. 11-00 §
8.10(6)]
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18.40.790760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and
nonproject actions.
(1) Submittal of Environmental Checklist.
(a) A completed environmental checklist shall be submitted with any application for
a permit or approval not specifically exempted as per JCC 18.40.780750(1). However, a
checklist is not required if the county and applicant agree that an EIS is required, if SEPA
compliance has been completed, or if SEPA compliance has been initiated by another
agency. The county shall use the checklist to determine lead agency and to make the
threshold determination if the county is lead agency.
(b) Applicants for private proposals shall complete the checklist, and the county shall
provide assistance as appropriate. For county proposals, the department initiating the
proposal shall complete the checklist.
(2) Review of Project Impacts. The responsible official shall review the checklist,
other information about a project, and the applicable regulations to review the
environmental impacts of the project and make a threshold determination. In making this
review the responsible official may determine:
(a) All of the project’s specific probable significant adverse environmental impacts
have been adequately identified and analyzed. If not, additional studies and analyses may
be required;
(b) Some or all of the probable significant specific adverse environmental impacts
have been adequately addressed and mitigated in this UDC and other development
regulations adopted by Jefferson County, the Comprehensive Plan, or in other applicable
local, state, or federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by
the Growth Management Act (Chapter 36.70A RCW).
Where specific probable significant adverse environmental impacts have not been
adequately mitigated, the responsible official may condition the project with additional
mitigation measures or deny the permit;
(c) To determine if a specific the probable significant adverse environmental impacts
has been addressed by an existing rule or law of another agency with jurisdiction, the
county shall consult orally or in writing with that agency and may expressly defer to that
agency. In making this deferral, the county shall base or condition its project approval on
compliance with that agency’s rules or laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in
part on compliance with the requirements or mitigation measures identified in
subsections (2)(b)(i) and (2)(b)(ii), during project review the county shall not impose
additional mitigation under SEPA for those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or
mitigation of a project to adopt or otherwise rely on environmental analyses and
requirements under other laws, as provided by SEPA.
(3) Threshold Determination. The “threshold determination” is the decision regarding
whether there is a reasonable likelihood that the project will have a probable significant
adverse environmental impact on an element of the environment. A threshold
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determination is required for any proposal that meets the definition of an “action” under
WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC
197-11-600(3). The responsible official shall make and publish the threshold
determination for public comment as provided in JCC 18.40.810780:
(a) Determination of Significance (DS). If a project may have a probable significant
adverse environmental impact, a DS shall be issued, and an EIS shall be required. In
determining an impact’s significance, the responsible official shall take into account the
guidance in WAC 197-11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the
effects, and effects on environmentally sensitive or special areas; and
(ii) Shall consider mMitigation measures that will be implemented. The responsible
official shall not balance whether beneficial aspects of a proposal outweigh its adverse
environmental impacts in determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant
adverse environmental impact, a DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6),
submission of an environmental checklist and prior to the responsible official’s threshold
determination on a proposal, an applicant may ask the responsible official to indicate
whether it is considering a DS. If the responsible official indicates a DS is likely, the
applicant may clarify or change features of the proposal to mitigate the impacts that led
the responsible official to consider a DS likely. The applicant shall revise the
environmental checklist as may be necessary to describe the clarifications or changes.
The responsible official shall make its threshold determination based upon the changed or
clarified proposal. If a proposal continues to have one or more a probable significant
adverse environmental impacts, even with mitigation measures, an EIS shall be prepared.
The county’s indication under this section that a DS appears likely shall not be construed
as a determination of significance. Likewise, the preliminary discussion of clarifications
or changes to a proposal shall not bind the county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official
may issue a MDNS as provided in this subsection and in WAC 197-11-350, based on
conditions attached to the proposal by the responsible official or on changes to or
clarifications of the proposal made by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the
DNS, shall be deemed conditions of approval of the permit decision, and may be
enforced in the same manner as any term or condition of the permit. The county may
incorporate implementation or enforcement provisions in the MDNS and require
performance guarantees.
(b) If the tentative county decision on a permit or approval does not include
mitigation measures that were incorporated in a MDNS, the county shall evaluate the
threshold determination to assure consistency with WAC 197-11-340(3)(a) (i.e.,
withdrawal of a DNS).
(5) The responsible official shall provide for prompt and coordinated review by
government agencies and the public on compliance with applicable environmental laws
and plans, including mitigation for specific project probable significant adverse impacts
arising from the project that have not been considered and addressed at the plan or
development regulation level. The county may clarify or change features in their own
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proposal, and may specify mitigation measures in their DNSs, as a result of comments by
other agencies or the public or as a result of additional agency planning (see WAC 197-
11-350).
(6) Durations of comment periods are as provided in JCC 18.40.810780. At the end
of the comment period the threshold determination becomes final unless retained,
modified, or withdrawn, and the appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final
environmental impact statement (FEIS) and supplemental environmental impact
statement (SEIS) are the responsibility of the county under the direction of the
responsible official. Before the county issues an EIS the responsible official must be
satisfied that it complies with this article and with Chapter 197-11 WAC. When a DS is
issued, an opportunity will be provided to comment on the scope of the EIS that will be
developed.
(b) The DEIS, FEIS or SEIS will be prepared by the county or by a consultant in
accordance with county procedures established for consultant selection. If the county
requires an EIS for a proposal and the responsible official determines that a consultant
will prepare the EIS, the applicant shall be so notified immediately after completion of
the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to
provide information the county does not possess. The applicant is not required to supply
information for the purpose of EIS preparation if such information is not required under
this article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the
EIS is prepared in a responsible manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all
substantive information submitted through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
(e) The responsible official shall maintain procedures for preparation of EISs in
accordance with the above.
(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany
county staff recommendations to any appropriate decision-making body (e.g., the hearing
examiner).
(9) The county shall not take any action on the project permit application until the
SEPA appeal period has lapsed.
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC
18.40.8410. [Ord. 11-00 § 8.10(7)]
18.40.800770 Substantive authority.
(1) The county may attach conditions to a permit or approval for nonexempt
actioactionns pursuant to WAC 197-11-660; provided, that:
(a) The conditions are necessary to mitigate probable significant adverse specific
adverse environmental impacts identified in environmental documents prepared pursuant
to this code and Chapter 197-11 WAC;
(b) Such conditions are in writing;
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(c) The mitigation measures included in such conditions are reasonable and capable
of being accomplished;
(d) The responsibility to implement the mitigation measures are imposed only to the
extent attributable to the identified adverse environmental impacts of the applicant’s
proposal, although voluntary additional mitigation may occur;
(e) The county has considered whether the requirements of the Jefferson County
Comprehensive Plan and development regulations adopted to implement the Plan, as well
as other local, state, and federal laws or rules, provide adequate analysis of and mitigation
for specific probable significant adverse environmental impacts of the project proposal;
and
(f) Such conditions are based on one or more policies in subsection (3) of this
section.
(2) The county may deny a permit or approval for nonexempt actions pursuant to
WAC 197-11-660; provided, that:
(a) A finding is made that approving the proposal would be likely to result in
probable significant adverse environmental impacts that are identified in an FEIS or final
SEIS prepared pursuant to this code and Chapter 197-11 WAC;
(b) A finding is made that there are no reasonable mitigation measures capable of
being accomplished that are sufficient to mitigate the identified impact;
(c) The denial is based on one or more policies set forth in subsection (3) of this
section.
(3) The county designates and adopts by reference the following county plans,
ordinances and policies as the basis for exercise of county authority pursuant to this
article:
(a) The county adopts by reference the policies in the following Jefferson County
plans and ordinances:
(i) The Jefferson County Comprehensive Plan, as now exists or may hereafter be
amended;
(ii) The Jefferson County Shoreline Master Program, as now exists or may hereafter
be amended;
(iii) This Unified Development Code, as now exists or may hereafter be amended;
(iv) The Jefferson County building code, Chapter 15.05 JCC, as now exists or may
hereafter be amended;
(v) The Jefferson County flood damage protection ordinance, Chapter 15.15 JCC, as
now exists or may hereafter be amended;
(vi) The Jefferson County stormwater management ordinance, JCC 18.30.070, as now
exists or may hereafter be amended;
(vii) The Jefferson County Road, Traffic and Circulation Standards, as they now exist
or may hereafter be amended;
(viii) The Secretary of the Interior’s Standards for Rehabilitating Historic Buildings;
and
(ix) All other county plans, ordinances, regulations and guidelines adopted after the
effective date of this Unified Development Code.
(b) The policies enumerated in RCW 43.21C.020.
(c) The county further designates and adopts the following policies as the basis for its
exercise of authority pursuant to this article. The county shall use all practicable means,
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consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs and resources to the end that the state and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(ii) Assure for all people of the state of Washington and Jefferson County a safe,
healthful, productive and aesthetically and culturally pleasing surrounding;
(iii) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural and natural aspects of our national heritage;
(v) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources; and
(vi) Achieve a balance between population and resource use, which will permit a high
quality of life for all residents of Jefferson County. [Ord. 11-00 § 8.10(8)]
18.40.810780 Public notice and comment.
(1) When the responsible official makes a threshold determination and issues a DNS
or MDNS under WAC 197-11-340(2), the responsible official shall use the “optional
DNS process” pursuant to WAC 197-11-355. Under this process, where the county is the
lead agency for a project and the responsible official has a reasonable basis for
determining significant adverse environmental impacts are unlikely, it shall use a single
integrated 14-day comment period to obtain comments on the notice of application and
the likely threshold determination for the proposal. There will be no second comment
period when the DNS or MDNS is issued.
(a) The notice of application shall contain the information regarding the optional
DNS process as set forth in JCC 18.40.190(11), and shall be noticed as set forth in JCC
18.40.210. The notice of application and environmental checklist shall be sent to agencies
with jurisdiction, the Department of Ecology, affected tribes, and each local agency or
political subdivision whose public services would be changed as a result of the
implementation of the proposal, as well as anyone requesting a copy of the environmental
checklist for the specific proposal.
(b) For Type II projects, the threshold determination shall be issued concurrently with
the notice of the administrator’s decision on the underlying project, as further set forth in
JCC 18.40.350320(3).
(c) For Type III projects, the notice of the threshold determination shall be issued
concurrently with the notice of public hearing on the underlying project before the
hearing examiner.
(d) If the county indicates on the notice of application that a DNS or MDNS is likely,
an agency with jurisdiction may assume lead agency status during the comment period on
the notice of application pursuant to WAC 197-11-355(3) and 197-11-948.
(e) Type I projects that are not categorically exempt from SEPA shall be subject to
notice of application and comment period provisions of JCC 18.40.150 through
18.40.220, as well as the notice requirements of this section.
(f) If a DS is made concurrent with the notice of application, the DS and scoping
notice shall be combined with the notice of application; provided, however, that the
DS/scoping notice may be issued before the notice of application. (RCW 36.70B.110.) If
sufficient information is not available to make a threshold determination when the notice
of application is issued, the DS may be issued later in the review process. WAC 197-11-
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310(6). If the responsible official issues a DS under WAC 197-11-360(3), the responsible
official shall state the scoping procedure for the proposal in the DS, as required by WAC
197-11-408, by publishing notice in the official county newspaper.
(2) If the county issues a DEIS under WAC 197-11-455(5), FEIS under WAC 197-
11-560, or SEIS under WAC 197-11-620, notice of availability of the documents shall be
given by publishing notice in the official county newspaper; by notifying groups which
have expressed interest in a certain proposal being considered; by notifying the news
media; by sending notice to agency mailing lists; and by other means deemed appropriate
by the responsible official.
(3) The applicant shall be responsible for all costs of the public notice requirements
under this article.
(4) Comment periods begin with the publication of notice as provided in this section.
Comments must be received within:
(a) Fourteen (14) calendar days for a DNS or MDNS;
(b) Twenty-one (21) calendar days for a DS and scoping notice. Pursuant to WAC
197-11-408(2)(a)(iii), the date of issuance for purposes of computing this comment
period shall be the date the DS is sent to the Department of Ecology and other agencies
with jurisdiction and is made publicly available; and
(c) Thirty (30) calendar days for a DEIS.
(5) The responsible official shall consider timely comments on the notice of
application and either issue a DNS or MDNS with no comment period using the
procedures set forth in Article IV of this chapter and this article; issue a DS; or require
additional information or studies prior to making a threshold determination. A copy of the
DNS or mitigated DNS shall be sent to agencies with jurisdiction, the Department of
Ecology, those who commented, and anyone requesting a copy. A copy of the
environmental checklist need not be recirculated.
(6) A DNS or MDNS becomes final at the end of the comment period unless the
determination is modified or withdrawn by the responsible official.
(a) When a DS is withdrawn and a DNS issued, a new notice must be published as
provided in this section, and a 14-calendar-day comment period provided on the new
threshold determination.
(b) When a DNS is withdrawn and a DS issued, a new notice must be published as
provided in this section, and a 21-calendar-day comment period provided on the new
threshold determination and scoping notice.
(c) If modified, the threshold determination becomes final upon publication of notice
as provided in this section by the responsible official. A new appeal period shall then
commence.
(7) Notice for public hearings shall be given consistent with this section and JCC
18.40.230, and may be combined with other notice(s). [Ord. 11-00 § 8.10(9)]
18.40.820790 Public hearings and meetings.
(1) If a public hearing on the proposal is held under some other requirement of law,
the hearing shall be open to consideration of the environmental impact of the proposal,
together with any environmental document that is available. This does not require
extension of the comment periods for environmental documents.
(2) In all other cases a public hearing on the environmental impact of a proposal shall
be held whenever one or more of the following situations occur:
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(a) The county determines that a public hearing would assist it in meeting its
responsibility to implement the purposes and policies of SEPA and its implementing
rules;
(b) When 50 100 or more persons who reside within the county, or who would be
adversely affected by the environmental impact of the proposal, make written request to
the lead agency within 30 calendar days of issuance of the DEIS; or
(c) When two or more agencies with jurisdiction over a proposal make written
request to the lead agency within 30 calendar days of the issuance of the DEIS.
(3) Whenever a public hearing is held under subsection (2) of this section, it shall
occur no earlier than 15 calendar days from the date the DEIS is issued, and not later than
50 calendar days from its issuance. Notice shall be given as set forth in JCC
18.40.810780(6).
(4) Whenever a public hearing is held under subsection (2) of this section, it shall be
open to discussion of all environmental documents and any written comments that have
been received by the county prior to the hearing. A copy of the environmental document
shall be available at the public hearing.
(5) Comments at public hearings should be as specific as possible (see WAC 197-11-
550).
(6) The county may hold informal public meetings or workshops. Such gatherings
may be more flexible than public hearings and are not subject to the above notice and
similar requirements for public hearings.
(7) Public meetings held under Chapter 36.70B RCW may be used to meet SEPA
public hearing requirements so long as the requirements of this section are met. A public
hearing under this section need not be an open-record hearing as defined in RCW
36.70B.020(3). [Ord. 11-00 § 8.10(10)]
18.40.830800 Environmentally sensitive areas.
(1) Actions identified as categorically exempt from SEPA under JCC
18.40.780730(1) shall remain exempt under SEPA even when located in one or more of
the ESAs classified, designated and mapped under Article VI-D of Chapter 18.15 JCC. A
threshold determination shall not be required for actions identified as categorically
exempt.
(2) Actions located in one or more ESAs that are categorically exempt from review
under this article, and which require issuance of a permit or approval under this code or
any other applicable county ordinance or regulation, shall be reviewed, and as necessary,
conditioned or denied to assure consistency with the protection standards contained in
Article VI-D of Chapter 18.15 JCC. [Ord. 11-00 § 8.10(11)]
18.40.840810 Appeals.
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold
determinations on Type I permit decisions may not be appealed administratively to the
hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits – Open Record Hearing.
The decision of the responsible official on Type II permits making a threshold
determination of a DNS or MDNS, approving a proposal subject to conditions, or
denying a proposal under SEPA’s substantive authority may be appealed to the hearing
examiner pursuant to JCC 18.40.280 for an open record appeal hearing. Any such appeal
must be filed within the time limits of JCC 18.40.360330(2)(b), and must be consolidated
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with any appeal on the underlying Type II permit decision. Any requests for
reconsideration shall be governed by JCC 18.40.330310.
(3) Appeal of a Threshold Determination for Type III Permits – Open Record
Hearing. The decision of the responsible official on Type III permits making a threshold
determination of a DNS, approving a proposal subject to conditions, or denying a project
under SEPA’s substantive authority may be appealed to the hearing examiner pursuant to
JCC 18.40.280. The open record public hearing on the SEPA appeal shall be before the
hearing examiner, who shall consider the appeal together with the decision on the project
application in a single, consolidated hearing as further set forth in Article IV of this
chapter. The hearing examiner’s decision on the SEPA decision may be appealed to the
appellate hearing examiner pursuant to JCC 18.40.290 for a closed record hearing as
further set forth in Article IV of this chapter. (See RCW 36.70B.060(6).) Any requests for
reconsideration shall be governed by JCC 18.40.330310; any remands shall be governed
by JCC 18.40.340.
(4) Appeals of Threshold Determinations for Type V Actions. Threshold
determinations of the responsible official on Type V decisions (other than a DS) may not
be appealed using the same procedures applicable to Type III permit appealsto the
hearings examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination
results in a DS it shall not be appealable. In addition, issues relating to the adequacy of
the EIS and other procedural issues may not be appealed under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapter
18.10 JCC, may file a SEPA appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the
threshold determination must be filed within 14 calendar days after the notice of decision
is issued. When the last calendar day (as defined in Chapter 18.10 JCC) of the appeal
period is a Saturday, Sunday or legal holiday, the appeal period shall run to the next
business day.
(8) Form of Appeal. A person or group appealing the decision of the responsible
official shall submit a written appeal in the form and manner set forth in JCC
18.40.360330(5). Notice of all appeals shall be mailed to all parties of record not less
than 10 calendar days prior to the date of the public hearing to consider the appeal.
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the
responsible official’s decision, and shall enter findings and/or conclusions into the record
to support the decision. In making the decision, the hearing examiner shall give deference
to and afford substantial weight to the decision of the responsible official. Review shall
be on a de novo basis.
(10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for
appealing the underlying permit decision, appeals under this article shall be commenced
within such time period. The county shall give official notice stating the date and place
for commencing an appeal. For all decisions covered by the Land Use Petition Act,
Chapter 36.70C RCW, this time period shall be 21 calendar days from the issuance of the
land use decision, as defined by RCW 36.70C.040(4) and Article V of this chapter.
(a) Optional Limitation Period. If there is no time period for appealing the underlying
government action, the county, applicant for or proponent of an action may use a notice
of action pursuant to RCW 43.21C.075 and 43.21C.080. The notice shall describe the
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action and state a time limitations for commencing a challenge to that action, in a form
substantially similar to that provided in WAC 197-11-990. The notice shall be published
by the department, applicant or proponent pursuant to RCW 43.21C.080, and any action
to set aside, enjoin, review or otherwise challenge any such governmental action shall be
commenced within 21 days from the date of the last newspaper publication of the notice
of action, as further set forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapter
90.58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation measures
pertaining to projects subject to Chapter 90.58 RCW shall be made to the shoreline
hearings board along with the appeal of the county’s shoreline decision, as further set
forth in Chapter 90.58 RCW. In addition, as an alternative dispute resolution process, any
SEPA appeal, whether involving a shoreline issue or not, may be made to the shoreline
hearings board upon the consent of the parties to the action, as further set forth in RCW
43.21C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions
of this article whenever he or she determines that a condition exists in violation of this
article or permit issued hereunder. All violations of any provisions of this article,
incorporated standard or permit issued pursuant to this article are made subject to the
provisions of Chapter 18.50 JCC, which provides for voluntary correction, notice and
orders to correct the violation, stop work and emergency orders, and assessment of civil
penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to
the public health, safety and welfare and are public nuisances, and may corrected by any
reasonable and lawful means, as further set forth in Chapter 18.50 JCC.
(13) Alternative Remedies. As an alternative to any other judicial or administrative
remedy provided in this article or by law or ordinance, any person who willfully or
knowingly violates or fails to comply with any stop work order or emergency order
issued pursuant to Chapter 18.50 JCC is guilty of a misdemeanor and upon conviction
shall be punished as set forth in JCC 18.50.110. Each day such violation or failure to
comply continues shall be considered an additional misdemeanor offense. [Ord. 11-00 §
8.10(12)]
Article XI. Development Agreements
18.40.850820 Purpose.
This article establishes the mechanism under which Jefferson County may enter
into development agreements as authorized by RCW 36.70B.170. A decision to enter into
a development agreement shall be made on a case-by-case basis. A development
agreement may be appropriate for large, complex or phased projects, or projects which
were not contemplated by existing development regulations or existing application
procedures. [Ord. 2-02 § 1; Ord. 7-01 § 2 (Exh. B); Ord. 11-00 § 8.11(1)]
18.40.860830 General requirements.
(1) Discretion To Enter Development Agreement. A development agreement is an
optional device that may be used at the sole discretion of the county, except a
development agreement shall be required for applications for master planned resorts in
accordance with JCC 18.15.126 and major industrial developments in accordance with
JCC 18.15.605.
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(2) Who May Enter. The property owner(s) and the county shall be parties to a
development agreement; provided, that if a proposed development is within an adopted
municipal UGA, the applicable town or city shall also be a party to the agreement. The
following may be considered for inclusion as additional parties in a development
agreement: contract purchasers, lenders, third-party beneficiaries and utility service
providers.
(3) Content of Development Agreements. A development agreement shall be
prepared by the applicant and shall set forth the development standards and other
conditions that shall apply to and govern the development, use and mitigation of the
property subject to the agreement.
(4) When Development Agreements May Be Approved. A development agreement
may be entered into prior to, concurrent with or following approval of project permits for
development of the property.
(5) Consistency with Unified Development Code. The development standards and
conditions set forth in a development agreement shall be consistent with the applicable
development regulations set forth in the Unified Development Code, except in the case of
a master planned resort (which requires a site-specific Comprehensive Plan amendment),
where adopted standards may be modified by the development standards contained in the
agreement, so long as all project impacts have been adequately mitigated. However, the
minimum requirements related to the protection of environmentally sensitive areas in
Article VI-D of Chapter 18.15 JCC (Environmentally Sensitive Areas District (ESA))
may not be varied by adoption of any development agreement. [Ord. 2-02 § 1; Ord. 7-01
§ 2 (Exh. B); Ord. 11-00 § 8.11(2)]
18.40.870840 Development standards to be addressed.
(1) A development agreement shall include, but need not be limited to, one or more
of any of the following types of development controls and conditions:
(a) Project elements such as permitted uses, residential and nonresidential densities,
scale and intensity of uses and/or building sizes;
(b) Mitigation measures, development conditions and other requirements pursuant to
environmental review under Chapter 43.21C RCW;
(c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development features;
(d) Roads, water, sewer, storm drainage and other infrastructure requirements;
(e) Affordable housing;
(f) Recreational uses and open space preservation;
(g) Phasing;
(h) Development review procedures, processes and standards for implementing
decisions, including methods of reimbursement to the county for review processes;
(i) Other appropriate development requirements or procedures.
(2) A development agreement may obligate a party to fund or provide services,
infrastructure, or other facilities. Project applicants and governmental entities may
include provisions and agreements whereby applicants are reimbursed over time for
financing public facilities.
(3) Development agreements shall:
(a) Establish a process for amending the agreement;
(b) Specify a termination date upon which the agreement expires;
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(c) Establish a vesting period for applicable standards; and
(d) Reserve authority to impose new or different regulations to the extent required by
a serious threat to public health and safety. [Ord. 2-02 § 1; Ord. 7-01 § 2 (Exh. B); Ord.
11-00 § 8.11(3)]
18.40.880850 Procedures.
(1) A development agreement shall be initiated by a written request from the property
owner to the administrator of the department of community development. The request
should describe the project and the specific reasons why the project is suitable for a
development agreement. The request should identify the development standards set forth
in JCC 18.40.870 840 that the applicant is requesting to be included in the development
agreement and any other reasonable information requested by the county.
(2) If the administrator determines in his or her discretion that a development
agreement should be considered by the county, the property owner shall be so informed,
except that development agreements shall be required for the approval of master planned
resorts in accordance with JCC 18.15.126 and for the approval of major industrial
developments in accordance with JCC 18.15.605.
(3) When a development agreement is being considered prior to project permit
approvals, the property owner shall provide the county with the same information that
would be required for a complete application for such project permits in order for the
county to determine the development standards and conditions to be included in the
development agreement.
(4) When a development agreement is being considered following approval of project
permits, the development standards and other conditions set forth in such project permits
shall be used in the development agreement without modification.
(5) The county shall only approve a development agreement by ordinance or
resolution after a public hearing. The board of county commissioners may, in its sole
discretion, approve the development agreement. If the development agreement relates to
a project permit application, the provisions of Chapter 36.70C RCW shall apply to the
appeal of the decision on the development agreement.
(6) An approved and fully executed development agreement shall be recorded with
the county auditor. [Ord. 2-02 § 1; Ord. 7-01 § 2 (Exh. B); Ord. 11-00 § 8.11(4)]
18.40.890860 Effect.
(1) A development agreement is binding on the parties and their successors, including
a city that assumes jurisdiction through incorporation or annexation of the area covering
the property subject to the development agreement.
(2) A development agreement shall be enforceable during its term by a party to the
agreement.
(3) A development agreement shall govern during the term of the agreement all or
that part of the development specified in the agreement and may not, unless otherwise
agreed to in the development agreement, be subject to an amendment to a local
government land use ordinance or development standard or regulation or a new local
government land use ordinance or development standard or regulation adopted after the
effective date of the agreement.
(4) Permits issued by the county after the execution of the development agreement
shall be consistent with the agreement.
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(5) Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Ch. 374,
Laws of 1995, or this chapter is intended to authorize the county to impose impact fees,
inspection fees, or dedications or to require any other financial contributions or
mitigation measures except as expressly authorized by other applicable provisions of
state law. [Ord. 2-02 § 1; Ord. 7-01 § 2 (Exh. B); Ord. 11-00 § 8.11(5)]
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