HomeMy WebLinkAbout2024 05 01 PC Meeting - Agenda PacketDistrict 1 Kevin Coker Cynthia Koan Ahren Stroming
District 2 Matt Sircely, Vice Chair LD Richert Michael Shultz
District 3 Richard Hull, Chair Chris Llewellyn Andrew Schwartz
Public Comment: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that each person is limited to a three-minute comment.
AGENDA
JEFFERSON COUNTY PLANNING COMMISSION
Regular Meeting – May 1, 2024
Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 This will be a hybrid meeting with telephone or on-line options. The public is invited to attend in-person,
with a limit of up to 50 percent of the venue' s capacity, pursuant to Resolution 24-22.
You can join this meeting remotely via Zoom:
Jefferson County Planning Commission Regular Meeting Time: May 1, 2024 05:30 PM Pacific Time (US and Canada) https://zoom.us/j/96997604223?pwd=NUJoRktHNEtOUjFHTUF1VDdSaXpXZz09 Meeting ID: 969 9760 4223 Passcode: 742684
This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”
The public comment period is managed by the Chair.
Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality. This video will be closed-captioned enabled.
Meeting Materials: To access the Planning Commission folder on the county’s Laserfiche Web Portal, either navigate to the Jefferson County Planning Commission webpage to find the link there or click on this link. [Note: Both the username and password to Laserfiche are “public”]
5:30 Chair Welcome and Overview Presentation
1. Call to Order/Roll Call
2. Approval of Agenda
3. Approval of Minutes: April 17, 2024
District 1 Kevin Coker Cynthia Koan Ahren Stroming
District 2 Matt Sircely, Vice Chair LD Richert Michael Shultz
District 3 Richard Hull, Chair Chris Llewellyn Andrew Schwartz
Public Comment: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that each person is limited to a three-minute comment.
GENERAL UPDATES
4. Planning Commission Updates
5. DCD Staff Updates
a. Welcome new District 3 Planning Commissioner Andrew Schwartz
b. Stock Plans – $165,000 awarded to Jefferson County for engineering costs – Brent Butler
c. Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program –
implementation grant awarded to Jefferson County – Brent Butler
PUBLIC COMMENT – GENERAL
6. Public comments from attendees about any topic that is not on the agenda. Public comments are
limited to three (3) minutes for each person.
7. Transmitted Information:
a. April 17, 2024 PC meeting minutes
b. Flood Damage Prevention Draft Ordinance
c. Staff report for Flood Damage Prevention
d. Short-Term Rentals
i. Staff Report
ii. Emergency Control adopted by BoCC on April 8
e. Documents for Preliminary Docket:
i. Final Docket Analysis
ii. Draft Planning Commission Recommendation
f. Staff report for stock plans
g. Approval of a Public Hearing Notice: An Ordinance Adopting Rules for the Adoption of
Ordinances, Resolutions and Motions in Jefferson County REGULAR BUSINESS
8. Public Hearing: Flood Damage Prevention Ordinance continued from March 20, 2024 – Brent
Butler
9. Public Hearing: Annual Amendment Cycle Recommendations for Final Docket – Joel Peterson
a. Synopsis: 2024 Annual Amendment Cycle Final Docket Hearing. Ch. 18.45 JCC.
b. Assignment: Record findings of fact presented during public testimony. The Planning
Commission will compile findings to support recommendations to the Board of County
Commissioners (BoCC) regarding what suggested text amendments should be carried
forward to the Final Docket.
District 1 Kevin Coker Cynthia Koan Ahren Stroming
District 2 Matt Sircely, Vice Chair LD Richert Michael Shultz
District 3 Richard Hull, Chair Chris Llewellyn Andrew Schwartz
Public Comment: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that each person is limited to a three-minute comment.
c. Options & Decisions: The Planning Commission will develop recommendations for the
Board of County Commissioners regarding what should be on the annual preliminary
docket of amendments. The Planning Commission was briefed in the April 17, 2024
Planning Commission meeting and provided with background information and DCD Staff
recommendations. Community Development would like the Planning Commission to
complete this recommendation letter in this May 1 meeting after the hearing. This will
enable the BoCC to address the final docket question during the second regular meeting
in May. JCC 18.45.060(4).
Scheduling option: If the BoCC chooses to hold a public hearing regarding the contents of
the final amendment docket, that will need to occur on July 1st. JCC 18.45.060(4)(a).
10. Short-Term Rental Outreach Staff Presentation – Brent Butler
a. Summary of comments received during outreach events.
b. Public Comment period on Short-Term Rental policy. Each person is limited to 3 minutes.
c. Solicitation of ideas about proposed code amendments.
d. Next Steps – Staff prepares proposal based on input. Planning Commission holds public
hearing and makes recommendation to BoCC.
11. Stock Plan Presentation – Brent Butler
a. Summary of deliverables and next steps.
12. Adjourn
621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us
1
MEETING MINUTES
JEFFERSON COUNTY PLANNING COMMISSION Regular Meeting – April 17, 2024
Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 Actual start time 5:31 PM: Welcome Chair and Overview Presentation
• Call to Order/Roll Call
Kevin Coker Present Matt Sircely Present Richard Hull Present
Cynthia Koan Present LD Richert Present Chris Llewellyn Unexcused Absence
Ahren Stroming Present Michael Shultz Present Vacant Choose an item.
• Approval of Agenda: approved by acclimation
• Approval of Minutes:
a. March 20, 2024 Regular Meeting: KC 1st/AS 2nd – 6 yay, 0 abstention – approved
GENERAL UPDATES
1. Planning Commission Updates:
a. CK: The City of Port Townsend is putting on a planning seminar; The T-LAB 2nd annual
Moving in the Right Direction Conference on Friday April 19th at the American Legion Hall.
Commissioner Koan is planning to attend.
b. AS: Commissioner Stroming will be attending training put on by WDFW on climate
resiliency and land use planning on Monday April 22th online.
c. KC: Commissioner Coker will be out of the country in June and unable to attend the June
Planning Commission meetings.
2. DCD Staff Updates:
a. The BoCC enacted a Short-Term Rental (STR) Moratorium April 8, 2024. This provides up
to 12 months to work toward regulations governing STRs.
b. Chief Strategy Officer Brent Butler will present to the Jefferson County Planning
Commission on May 1, 2024 to review comments received about short-term rentals
during a series of three public meetings in March in each of the county’s commissioner
districts. A draft of the ordinance has been placed on the Planning Commission Web Page
c. BoCC Public Hearing: “Adopting Rules for the Adoption of Ordinances, Resolutions, and
Motions in Jefferson County.” Monday, May 6, 2024, at 11:00 am.
d. Planning Commission District 3 Seat: Recommendation for Andrew Schwartz at BoCC
Monday, April 22, 2024, 9:30 am.
e. “T-LAB” Transportation conference, April 19, 2024 – see transmitted information
f. “Connectivity Fair, 2024” April 20, 2024 – see transmitted information
• Planning Commission comments: Comments, in their entirety, can be viewed within the video
recording of the meeting at the time stamp location provided below:
• CK: 14:14 – 15:46
• MaSi: 18:00 – 18:57, 22:27 – 22:50
• KC 19:05 – 19:29
621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us
2
PUBLIC COMMENT – GENERAL
3. Public comments - Public comments, in their entirety, can be viewed within the video recording
of the meeting at the time stamp location provided below:
• Public Comment Liz Revord – Housing Solutions Network: 25:25 – 28:10
• Public Comment Tom Thiersch: 28:25 – 30:15
4. Transmitted Information: list any documents that were submitted as part of the agenda
a. 2024 Comprehensive Plan Annual Amendment Process Flowchart
b. Redistributing Staff memorandum document of March 20, 2024 PC meeting: 2024
Comprehensive Plan and UDC Text Amendment Preliminary Docket.
c. Web link to Chapter 18.45 Jefferson County Code provisions for annual amendments to
Comprehensive Plan and Unified Development Code:
https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonC
ounty1845.html#18.45
d. Growth Management Steering Committee (GMSC) meeting information can be accessed
through the Jefferson County Web Page, Boards & Committees button:
https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=5157569&dbid=0&repo
=Jefferson
e. Leader article about the Short-Term Rental Moratorium
f. Link to Jefferson County Code: https://www.codepublishing.com/WA/JeffersonCounty
g. Flyer for “T-Lab” transportation conference, April 19, 2024.
h. Link for “Connectivity Fair, 2024” event, April 20, 2024: https://l2020.org/connectivity-
2024/
REGULAR BUSINESS
• Preparation for Final Docket Recommendations, 2024 Annual Amendment Cycle
a. Synopsis: At the March 15, 2024, Planning Commission meeting, a summary of the 2024
Annual Amendment Cycle Preliminary Docket was provided in the DCD Staff
memorandum 2024 report to PC regarding 2024 Comprehensive Plan and UDC Text
Amendment Preliminary Docket.
An additional project will be placed in the 2024 Annual Amendment Cycle for review. The
Port of Port Townsend (“Port”) and Community Development have acknowledged over
the last several years, the need to address land use and zoning topics in the Jefferson
County Airport Essential Public Facility (AEPF) District. This would include a proposal to
expand Airport Overlay III (JCC 18.15.453), and thereby expanding the AEPF.
While we mesh schedules between the Comprehensive Plan Periodic Review, 2024
Annual Amendment Cycle, and Port planning, we have decided to integrate the review of
the Airport Essential Public Facility (AEPF) District and additional properties to include in
the AEPF, during the 2024 Annual Amendment Cycle.
b. Assignment: Prepare for May 1 public hearing and recommendation letter to BoCC:
621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us
3
i. Prepare to Track and organize your findings from your review of the Staff
memorandum 2024 report to PC regarding 2024 Comprehensive Plan and UDC
Text Amendment Preliminary Docket, (provided at the March 20, 2024 PC
meeting), findings from public testimony at the hearing, and overall from the
record.
ii. Review Chapter 18.45 JCC regarding the amendment process, if necessary.
iii. Review JCC 18.15.453 Airport Overlay III.
From JCC 18.45.060 (3) Planning Commission Hearing – Report and Recommendation.
“The planning commission shall hold a noticed public hearing to accept public comment
regarding the suggested amendments on the preliminary docket. Following the hearing,
the planning commission shall prepare a report and recommendation identifying those
suggested amendments that it is recommending for consideration by the board of county
commissioners during the annual amendment process. The planning commission’s
recommendation shall be based upon the perceived need, urgency and appropriateness
of each suggested amendment.”
A DCD Staff analysis will follow and be presented to the Planning Commission in advance
of the May 1 hearing.
After the May 1 hearing, Community Development would like the Planning Commission to
deliberate and complete a recommendation letter, if possible. This will enable staff to
bring the Planning Commission’s final docket recommendations to the BoCC during the
second regular meeting in May (5/13/2024). JCC 18.45.060(4).
c. Options & Decisions: Scheduling option: If it is not feasible for the Planning Commission
to complete the recommendations to the BoCC in the same meeting as the hearing, the
task will be completed in the next regular meeting, May 15, 2024, for BoCC consideration
May 20, 2024. At any rate, the BoCC will need to hold their hearing July 1, 2024, if the
Board chooses to hold their own hearing (JCC 18.45.060(4)(a)).
• 2025 Comprehensive Plan Periodic Review Information Items
a. Synopsis: The Growth Management Steering Committee (GMSC) held their second
meeting April 9, 2024. In that meeting, the GMSC selected the Medium Growth
Projection for Jefferson County, published by the State Office of Financial Management.
We will hold a brief informational discussion on what the next planning steps are with the
GMSC.
b. Assignment: None
c. Options & Decisions: None
• Adjournment
621 Sheridan St. P: 360-379-4450 Port Townsend, WA, 98368 PCommissionDesk@co.jefferson.wa.us
4
7:12 pm ADJOURNMENT
The next Planning Commission meeting is scheduled for 2024-05-01 at 5:30. These meeting minutes were approved this ____________ day of_____, 2024. Richard Hull, Chair Clerk
1
STATE OF WASHINGTON
County of Jefferson
An Ordinance Amending Repealing and
Replacing the Flood Damage Prevention
Ordinance in Chapter 15.15 of the Jefferson
County Code; ; Enacting a new chapter 15.15 of
the Jefferson County Code and Adding State of
Washington Model Flood Ordinance and Federal
Emergency Management Agency Community
Rating System Program Provisions; Repealing
Ordinance No. 05-0513-19; and Amending
Section 18.40.040 of the Jefferson County Code
;
ORDINANCE _____________
WHEREAS, Jefferson County, as a local community participating in the National Flood
Insurance Program (“NFIP”) administered by the Federal Emergency Management Agency
(“FEMA”), adopted a flood damage prevention ordinance (No. 05-0513-19) on May 13, 2019 that
repealed and replaced an earlier flood damage prevention ordinance (No. 07-0515-06); and
WHEREAS, as a participant in the NFIP, Jefferson County agrees to adopt and enforce a
floodplain management ordinance that seeks to reduce flood risks associated with new
development and substantial improvements occurring within areas of special flood hazard, and the
federal government agrees to make flood insurance available as financial protection against flood
losses; and
WHEREAS, the current Jefferson County flood damage prevention ordinance does not
include required provisions of the model flood hazard reduction ordinance approved December 9,
2019, as developed by FEMA and the Washington Department of Ecology, since the county’s
flood damage ordinance predates that model ordinance by approximately seven months; and
WHEREAS, the Jefferson County flood damage prevention ordinance also does not
currently include provisions that would enable the county to enroll in FEMA’s Community Rating
System (“CRS”) which is an optional program that reduces a community’s collective flood
insurance premium for higher regulatory standards undertaken above and beyond FEMA’s
requirements; and
WHEREAS, Jefferson County does not benefit from the lower flood insurance premiums
in recognition of its adoption of higher regulatory standards without enrollment in the CRS
program despite the finding that Washington State already requires local governments to
implement higher regulatory standards that reduce flood damage to properties by, among other
requirements, establishing the minimum elevation of flood prone properties to one foot above the
base flood elevation instead of at or above the base flood elevation pursuant to 44 CFR §
60.3(c)(2)(5); and
2
WHEREAS, the Chair of the Board of County Commissioners received a letter from the
Department of Ecology’s Regional NFIP Coordinator dated October 26, 2023 confirming that a
Community Assistance Visit had been scheduled to discuss Jefferson County’s NFIP participation
and
WHEREAS, a public hearing was noticed for the proposed revisions to the flood damage
prevention ordinance in the local newspaper on March 6, and March 13, 2024, and the Planning
Commission received all comments, then reviewed, voted upon the proposed flood damage
prevention ordinance, and forwarded its recommendation to the Board of County Commissioners;
and
WHEREAS, Jefferson County noticed the proposed revisions to the flood damage
prevention ordinance on March 6, and March 13, 2024 to comply with State Environmental Policy
Act requirements, and the county issued a Determination of Non-significance on March 13, 2024;
and
WHEREAS, WHEREAS, Jefferson County is amending the flood damage prevention
ordinance (codified in Chapter 15.15 JCC) to comply with the minimum NFIP requirements and
to enable CRS enrollment; and
WHEREAS, the amendments serve to benefit the public health, safety and welfare of the
residents of Jefferson County; and
WHEREAS, the amendments as reflected in Appendix B are consistent with the
Comprehensive Plan, and the Growth Management Act; and
WHEREAS, failing to amend the flood damage prevention ordinance to comply with the
minimum NFIP requirements likely could results in a an increase in insurance premiums of federal
flood insurance, or a lack of funding by FEMA in Jefferson County for flood insurance available
as financial protection against flood losses.
NOW, THERFORE, BE IT ORDAINED, by the Jefferson County Board of
Commissioners:
Section 1. Findings. The Board of County Commissioners hereby accepts the Planning
Commission recommendation as set forth in Appendix C, and adopts the recitals (the WHEREAS
statements) as its findings of fact in support of this revision to the flood damage prevention
ordinance.
Section 2. Modification of the Jefferson County Code. Chapter 15.15 JCC shall be modified
amended and replaced as set forth in Appendix A for which a clean copy is prepared for review as
Appendix B.
Section 3. Repeal and Replace Prior Ordinance. This Ordinance repeals and replaces Ordinance
No. 05-0513-19.
3
Section 4. Amendment of JCC 18.40.040. JCC 18.40.040 shall be amended as set forth in
Appendix B.
Section 45. Effective Date. The Ordinance shall take effect immediately upon adoption by the
Board of County Commissioners.
Section 6. Severability. The provisions of this ordinance are declared separate and severable. If
any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by
any court of competent jurisdiction, that holding shall in no way affect the validity of remainder
of the code or application of its provision to other persons or circumstances.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
4
APPROVED and ADOPTED this ________ day of _____________, 2024.
SEAL:
ATTEST:
_________________________________
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
_________________________________
Philip Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Kate Dean, Chair
________________________________________
Greg Brotherton, Member
________________________________________
Heidi Eisenhour, Member
5
APPENDIX A - Redline
6
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
15.15.010 Statutory authorization, findings of fact, purposes, and objectives.
15.15.020 Applicability.
15.15.025 Interpretation.
15.15.027 Existing easements, covenants, and deed restrictions.
15.15.015 Severability.
15.15.016 030 Definitions.
15.15.020 Findings of fact.
15.15.030 Statement of purpose.
15.15.040 Adoption of Flood insurance rate map (“FIRM”) and disclaimer of liability.
15.15.050 Designation and duties of floodplain administrator.
15.15.060 General provisionsDevelopment permit required.General exemptions.
15.15.070 Special flood hazard area variance.Development permit required.
15.15.075 Special flood hazard area variance.
15.15.080 ProvisionsStandards for flood hazard reduction.
15.15.090 Enforcement.
15.15.095 Severability.
15.15.010 Statutory authorization, findings of fact, purposes, and objectives.
(1) Statutory and constitutional authorization. The constitution and the legislature of the State
of Washington has delegated the responsibility to local governments to adopt regulations
designed to promote the public health, safety and general welfare of its citizens. Therefore,
Jefferson County enacts this Flood Damage Prevention Ordinance for the purposes set forth in
this section.
(2) Findings of fact.
(a) The flood hazard areas of Jefferson County are subject to periodic inundation which
results in loss of life and property, health, and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health,
safety, and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when inadequately
anchored damage uses in other areas. Uses that are inadequately floodproofed, elevated,
or otherwise protected from flood damage also contribute to the flood loss.
(3) Statement of purpose.
(a) The Legislature of the State of Washington has delegated the responsibility to local
governmental unitspurpose of this chapter is to adopt floodplain management regulations
7
designed to promote the public health, safety, and general welfare of its citizenry the
citizens of Jefferson County, pursuant to WAC 173-158-020. Therefore, Jefferson
County does ordain as follows.
(b) It is the purpose of this chapter to promote the public health, safety, and general
welfare; An additional purpose of this chapter is to reduce the annual cost of flood
insurance; and minimize public and private losses due to flood conditions in specific
areas by provisions designed:
(1i) To protect human life and health;
(2ii) To minimize expenditure of public money and costly flood control projects;
(3iii) To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4iv) To minimize prolonged business interruptions;
(5v) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas of
special flood hazard;
(6vi) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight
areas;
(7viii) To ensure that potential buyers are notified that property is in an area of
special flood hazard;
(8viii) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and
(9ix) To ensure that those who occupy areas within the special flood hazard area
participate in and maintain eligibility for flood insurance and disaster relief.
(4) Objectives and methods for reducing flood losses. In order to accomplish its purposes, this
chapter includes regulations to achieve the following objectives:
(a) Restricting or prohibiting development which is dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(b) Requiring that development vulnerable to floods, including facilities which serve such
development, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(d) Controlling filling, grading, dredging, and other development which may increase
flood damage; and
8
(e) Preventing or regulating the construction of flood barriers that unnaturally divert
floodwaters or may increase flood hazards in other areas.
15.15.015020 Severability Applicability.
If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this chapter.
(1) This chapter applies to all areas of special flood hazard within Jefferson County, as defined in
JCC 15.15.030, and to any development proposed or occurring within the area of special flood
hazard, as specified by this chapter.
(2) Development in any floodway is prohibited, except as expressly permitted by JCC
15.15.080(4).
(3) This chapter applies to development that proposes construction within critical areas, as
regulated in Title 18 JCC, and a special flood hazard area.
(4) Other chapters of Jefferson County Code that regulate special flood hazard areas, in addition
to this chapter, include:
(a) Chapter 18.22. JCC, which regulates development in frequently flooded areas as
defined in WAC 365-190-030(8).
(b) Chapter 18.25 JCC, which regulates development in areas under the jurisdiction of the
Shoreline Management Act, Chapter 90.58 RCW.
(c) Chapter 15.05 JCC, which adopts national and state building and fire codes, and local
amendments thereto.
(d) Chapter 18.30 JCC, which establishes development standards that govern
development in special flood hazard areas.
(e) Chapter 8.15 JCC, which establishes standards and regulations applicable to the
development, repair, and replacement of onsite sewage systems.
15.15.025 Interpretation.
(1) In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(2) Should the provisions of this chapter conflict with any other chapter in this code, the more
restrictive or protective standard shall prevail.
9
15.15.027 Existing easements, covenants, and deed restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.15.020 Findings of fact.
(1) The flood hazard areas of Jefferson County are subject to periodic inundation which results in
loss of life and property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
(3) Those development permits seeking to construct within critical areas and/or a flood hazard
area shall be subject to this chapter.
(4) Jefferson County regulates development in frequently flooded areas through critical
area protection standards found in Chapter 18.22 JCC.
(5) Regulations that govern development in flood hazard areas may be found in Chapter
18.25 JCC – Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in Chapter
15.05 JCC – Building Codes.
(7) Regulations that govern development in flood hazard areas may be found in Chapter
18.30 JCC – Development Standards.
(8) Regulations that govern development in flood hazard areas may be found in Chapter
8.15 JCC – On-Site Sewage Code.
(9) Development is prohibited in floodways, unless expressly allowed under the floodway
provisions of JCC 15.15.080(4).
15.15.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce
the annual cost of flood insurance; and minimize public and private losses due to flood
conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
10
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions; and
(9) To ensure that those who occupy areas within the special flood hazard area participate in and
maintain eligibility for flood insurance and disaster relief.
15.15.050030 Definitions.
“Alteration of watercourse” means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine water body.
“Appeal” means a request for a review of the interpretation of any provision of this chapter, or a
request for a variance.
“Area of shallow flooding” means a designated AO, AH, or VO zone on the flood insurance rate
map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one
to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow. AO zones have base flood depths that range from one to three feet above
the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH
indicates ponding, and is shown with standard base flood elevations.
“Area of special flood hazard” means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. It is shown on the flood insurance
rate map (FIRM) as zone A, AO, AH, AE, A99, or AR (V, VO, VE). “Special flood hazard area”
is synonymous in meaning with the phrase “area of special flood hazard.”
“American Society of Civil Engineers (‘ASCE’) 24” means the most recently published version of
ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil
Engineers.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”).
“Basement” means any area of the building having its floor subgrade (below ground level) on all
sides.
“Breakaway wall” means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or supporting foundation system.
11
“Building” means the same as "Structure."
“Building Code” means the currently effective versions of the International Building Code and
the International Residential Code adopted by the State of Washington Building Code Council.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone VE or V.
“Community” means unincorporated Jefferson County, Washington.
“Critical facility” means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
“Cumulative substantial damage” means flood-related damages sustained by a structure on two
separate occasions during a 10-year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
“Development” means any manmade anthropogenic change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
“Elevated building” means, for insurance purposes, a non-basement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
“Elevation certificate” means an administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine the proper insurance
premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map
revision based on fill (LOMR-F).
“Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24. Table 1-1
in ASCE 24-14 further identifies building occupancies that are essential facilities.
“Existing manufactured home park or subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
12
“Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural
products are not produced for the primary consumption or use by the occupants and the farm
owner.
“Flood” or “flooding” means:
(1) A general and temporary condition of partial or complete inundation of normally dry land
areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in subsection (1)(a) of this definition.
“Flood elevation study” means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also A “flood
elevation study” is also known as a Flood Insurance Study (“FIS”).
“Flood insurance rate map (‘FIRM’)” means an official map of a community, on which the
Federal Insurance Administration has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available digitally is
called a “digital flood insurance rate map (‘DFIRM’).”
“Floodplain administrator” means the community official designated by title to administer and
enforce the floodplain management regulations.
“Floodplain management regulations” means development regulations, zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other application of
police power. The term describes such state or local regulations, in any combination thereof,
which provide standards for the purpose of flood damage prevention and reduction.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. Flood proofed
structures are those that have the structural integrity and design to be impervious to floodwater
below the Base Flood Elevation. Floodproofing, as defined here, is limited to the nonresidential
development provisions of JCC 15.15.080(2)(b); floodproofing is not applicable to residential
development.
13
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. Also The “floodway” is also referred to as the
"Regulatory regulatory Floodwayfloodway."
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long-term storage or related
manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building’s lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at JCC 15.15.080(2) (i.e.,
provided there are adequate flood openings).
“Manufactured home” means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. This term includes park model manufactured homes. The term
“manufactured home” does not include a “recreational vehicles.”
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
14
“Mean Sea Level” means for purposes of the National Flood Insurance Program, the vertical datum
to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are
referenced.
“New construction” means, for the purposes of determining insurance rates, structures for which
the start of construction commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, “new construction” means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations adopted by a community.
“One-hundred-year flood” or “100-year flood” means that same as "Base base flood."
“Park model recreational vehicle” or “recreational park trailer” means a trailer-type unit that is
regulated under Chapter 296-150P WAC, primarily designed to provide temporary living
quarters for recreational, camping, or seasonal use, and meets the following criteria:
(1) It is built on a single chassis, mounted on wheels;
(2) It does not have a gross trailer area exceeding 400 square feet (37.15 square meters) in the
set-up mode; and
(3) It is certified by the manufacturer as complying with ANSI A119.5
A park model is a recreational vehicle for purposes of this chapter.
“Reasonably safe from flooding” means development that is designed and built to be safe from
flooding based on consideration of current flood elevation studies, historical data, high water
marks and other reliable data known to the community. In unnumbered A zones where no flood
elevation is available, “reasonably safe from flooding” means that the lowest floor is at least two
feet above the highest adjacent grade.
“Recreational vehicle” means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
15
This term includes park model manufactured homerecreational vehicle, as defined in this
chapter.
“Start of construction” includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The “actual start” means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the “actual start of construction”
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
“Structure” means, for floodplain management purposes, a walled and roofed building, including
a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
“Structure,” for insurance purposes, means:
(1) A building, with two or more outside rigid walls and a fully secured roof, that is affixed to a
permanent site;
(2) A manufactured home (a manufactured home, also known as a mobile home, is a structure
built on a permanent chassis, transported to its site in one or more sections, and affixed to a
permanent foundation); or
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that
is regulated under the community’s floodplain management and building ordinances or laws.
For the latter purpose, “structure” does not mean a recreational vehicle, or a park trailer model,
or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid
storage tank.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair work performed. The
term does not, however, include either:
(1) Any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions; or
16
(2) Any alteration of a historic structure; provided, that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Variance” means a grant of relief by a community from the terms of a floodplain management
regulation.
“Violation” means the failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in 44 CFR §§
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
“Water Water-dependent use” means a structure for commerce or industry that requires direct
contact with the water and cannot exist in any other location and is dependent on the water by
reason of the intrinsic nature of its operations. Ferry terminals and public fishing piers are
examples of water-dependent uses. Residential development is not a water-dependent use.
15.15.040 General provisions and Adoption of Flood insurance rate map (“FIRM”) and
disclaimer of liability.
(1) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of Jefferson County.
(21) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report entitled
“The Flood Insurance Study for Jefferson County, Washington, and Incorporated Areas” dated
June 7, 2019, and any revisions thereto, with an accompanying flood insurance rate map
(“FIRM”), and any revisions thereto, are hereby adopted by reference and declared to be a part of
this chapter. The flood insurance study and the FIRM are on file at Jefferson County department
of community development (621 Sheridan Street, Port Townsend, Washington 98368). The best
available information for flood hazard area identification as outlined in JCC 15.15.070040(32)(b)
shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under
JCC 15.15.070040(32)(b).
(32) Changes to Special Flood Hazard Area. If a project will alter the BFE base flood elevation
(“BFE”) or boundaries of the SFHAspecial flood hazard area, (“SPHA”) then the project
proponent shall provide the community county with engineering documentation and analysis
regarding the proposed change. If the change to the BFE or boundaries of the SFHA would
normally require a letter of map change, then the project proponent shall initiate, and receive
approval of, a conditional letter of map revision (“CLOMR”) prior to approval of the
development permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
(4) Requirement to Submit New Technical Data. Within six months, the county shall notify the
Federal Emergency Management Agency (“FEMA”) of changes in the base flood elevation by
submitting technical or scientific data, so that insurance rates and floodplain management
requirements will be based on current data not currently found in this chapter, as required by 44
CFR § 65.3.
17
(5) Penalties for Noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter and other
applicable regulations. Violations of the provisions of this chapter by failure to comply with any
of its requirements (including violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall be deemed to have committed a violation. Upon
conviction thereof, the violator may be fined not more than $1,000 or imprisoned for not more
than 90 days, or both, for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent Jefferson County from taking such
other lawful action as is necessary to prevent or remedy any violation.
(6) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(7) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(85) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of Jefferson County, any officer or
employee thereof, or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
15.15.050 AdministrationDesignation and duties of floodplain administrator.
(1) Designation of the Localfloodplain Administratoradministrator. The Jefferson County
development services manager Community Development Director is hereby appointed to
administer and implement this chapter by granting or denying development permit applications
in accordance with its provisions. The Community Development Director may appoint a
designee to implement the standards of this chapter. The person appointed shall be known as the
“floodplain administrator” for purposes of this chapter.
(2) Duties and Responsibilities of the Local floodplain Administratoradministrator. Duties of the
Community Development Director or their designee floodplain administrator shall include, but
not be limited to:
(a) Permit Review.
(i) Review all development permits to determine that the permit requirements of this
chapter have been satisfied.;
18
(ii) Review all development permits to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior
approval is required.;
(iii) Review all development permits to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment
provisions of JCC 15.15.080(4)(a) are met. ;
(iv) Determine that The the site is reasonably safe from flooding; and
(v) Notify FEMA when annexations occur in the special flood hazard area.
(b) Use of Other Base Flood Data (in A and V zones). When base flood elevation data has
not been provided (in A or V zones) in accordance with JCC 15.15.060(2), Basis for
Establishing the Areas of Special Flood Hazard, the development service manager floodplain
administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source, in order to administer JCC
15.15.080(2), Specific Standards, and 15.15.080(4), Floodways.
(c) Information to Be The floodplain administrator shall Obtained obtain and
Maintainedmaintain information and data as follows:.
(i) Where base flood elevation data is provided through the flood insurance study,
FIRM, or required as in subsection (32)(b) of this section, the floodplain administrator
shall obtain and record the actual (as-built) elevation (in relation to mean sea level) of
the lowest floor (including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement. Recorded The information shall be
recorded on a current elevation certificate with Section B completed by the local
officialfloodplain administrator.
(ii) For all new or substantially improved floodproofed nonresidential structures where
base flood elevation data is provided through the FIS, FIRM, or as required in subsection
(3)(b) of this section:
(A) Obtain and record the elevation (in relation to mean sea level) to which the
structure was floodproofed.
(B) Maintain the floodproofing certifications required in subsection (1)(b)(iii) of this
section.
(iii) Maintain for public inspection all records pertaining to the provisions of this
chapter.
(iv) Obtain and maintain documentation of the elevation of the bottom of the lowest
horizontal structural member in V or VE zones.
(v) Certification Complete certification required by JCC 15.15.080(4).
(vi) Maintain Records records of all variance actions, including justification for their
issuance.
19
(vii) Improvement Maintain records of improvement and damage calculations.
(d) Alteration of Watercourses.
(i) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(ii) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(e) Interpretation of FIRM Boundaries. Make interpretations where needed as to exact
location of the boundaries of the areas of special flood hazards (e.g., where there appears to
be a conflict between a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation. An appeal of the floodplain administrator’s determination of the location of
the boundary may be filed with the Jefferson County Hearing Examiner as an appeal of an
administrative decision pursuant to JCC 2.30.100. Such appealsAn appeal may only be
shall be granted if it is determined to be consistent with the standards of Section 44 CFR §
60.6 of the Rules and Regulations of the (National Flood Insurance Program federal
regulations).
15.15.016060 General exemptions.
(1) To determine if a development proposal is exempt from the requirement for a flood
development permit, the project proponent shall submit documentation supporting compliance
with the applicable exemption below for review by the floodplain administrator,development
services manager Community Development Director or their designee,who shall retain
documentation of the decision.
(2) These The following exemptions are limited in scope and shall not be approved if any of the
following are part of a larger development proposal. After review and approval by the
development services manager floodplain administratorCommunity Development Director or
their designee , the following may be exempt from the requirement for a flood development
permit:
(1a) Routine maintenance of existing landscaping that does not involve grading,
excavation, or filling;
(2b) Removal of noxious weeds, hazardous trees, and replacement of nonnative
vegetation with native vegetation; provided, weed removal is based on the Jefferson
County noxious weed list and is conducted in accordance with the noxious weed control
board weed control guidance;
(3c) Normal maintenance of above-ground public utilities and facilities, such as replacing
power lines and utility poles, but does not include connecting or extending lines onto
private property, such as residential utility lines;
(4d) Normal road maintenance, such as filling potholes, repaving, installing signs and
traffic signals; provided, that no expansion is proposed;
20
(5e) Normal maintenance of a levee or other flood control facility, as prescribed in the
operations and maintenance plan for the facility; provided, that normal maintenance does
not include repair from flood damage, any expansion of the prism, face or toe, or the
addition of material for protection or armor; and
(6f) Plowing and other normal farm practices on legally existing agricultural areas;
provided, that there are not new structures, filling, or ground clearing.
15.15.070 Development permit required.
(1). A development permit is required for all development that is subject to this chapter,
including, but not limited to: structures, including manufactured homes as defined in JCC
15.15.050030, and for all development including fill and other activities, as defined in JCC
15.15.050030.
(2) A development permit shall be obtained before construction or development begins within
any area of special flood hazard established in JCC 15.15.060040(1).
(3) Application for a development permit shall be made on forms furnished by the department of
community development floodplain administrator for Jefferson County and may include, but not
be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing. Specifically, tThe following submittal
information is required:
(i) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
(iii) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in JCC
15.15.080(2)(b); and
(iv) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.;
(v) A V-zone design certificate, if a structure is proposed in a V, V1-30, or VE zone;
(vi) An engineering analysis indication no rise of the Base Flood Elevation, if
development is proposed in a floodway; and
(vii) Any other such information that may be reasonably required by the Floodplain
floodplain Administrator administrator in order to review the application.
(4) A development permit under this chapter shall be processed as a Type 1 permit decision
pursuant to JCC 18.40.260 and applicable sections of chapter 18.40 JCC. Any decision by the
floodplain administrator may be appealed to superior court, consistent with chapter 36.70C RCW
(Land Use Petition Act).
21
15.15.070 075 dSpecial flood hazard area variance.
(1) A special flood hazard area variance permit shall be processed as a Type III decision pursuant
to JCC 18.40.280 and applicable sections of chapter 18.40 JCC.
(a) The hearing examiner shall conduct a pre-decision hearing on a variance request in
accordance with chapters 2.30 and 18.40 of the Jefferson County Code.
(b) Upon consideration of the factors listed in this section and the purposes, objectives
and findings of fact for this chapter contained in JCC 15.15.010, the hearing examiner
may attach reasonable conditions to the grant of a variance request as may be necessary
to further the purposes of this chapter.
(c) Any decision by the hearing examiner is a final decision of the county that may be
appealed to superior court, consistent with JCC 2.30.130.
(d) The floodplain administrator shall maintain records of any appeal action and report
any variance granted to the Federal Insurance Administrator.
(2) Burden of proof; variances seldom granted.
(a) Burden of proof for request for variance. The applicant bears the burden of proof to
demonstrate by a preponderance of the evidence that the application meets all of the
applicable criteria for granting a variance. Flood hazard variances are not favored and
the applicant bears the burden of proof to show that there is no reasonable alternative to
granting a variance.
(b) Request for variance, generally. It is the duty of Jefferson County under federal and
state law to use its regulatory authority to protect the citizens of Jefferson County from
flooding. Given the compelling need to protect human life and property from flooding,
variances are granted sparingly, and only due to a unique characteristic of the land itself
(not the structure or property owners) that is not shared by parcels in the vicinity.
(3) Parameters for granting of a variance under the National Flood Insurance Program.
(a) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic or
financial circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from the flood elevations should be quite
rare.
(b) Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can
be determined that such action will have low damage potential, complies with all other
variance criteria except subsection (4)(d) of this section, and otherwise complies with
JCC 15.15.080(1)(a), (1)(c), and (1)(d).
(ac) Generally, the only condition under which a variance from the elevation standard
may be issued is for new construction and substantial improvements to be erected on a
22
small or irregularly-shaped lot contiguous to and surrounded by lots with existing
structures constructed below the base flood level. As the lot size increases, the technical
justification required for issuing the variance increases.
(bd) Variances shall not be issued within a designated floodway if any increase in flood
levels during the base flood discharge would result.
(ce) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(f) In considering a variance application, the decision maker shall consider all
technical evaluations, all relevant factors, and all standards specified in other
sections of this chapter.
(3) General variance criteria. Variances shall only be issued upon:
(a) A showing by the applicant of good and sufficient cause, demonstrating consistency
with the factors identified in this section and the purpose and intent of this chapter;
(b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c) A determination that the variance is conditioned to be the minimum necessary to
afford relief, considering the area of special flood hazard;
(d) A determination that the granting of the variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense; and
(e) A determination that the granting of the variance will not cause a public nuisance,
fraud on or victimization of the public, or conflict with Jefferson County Code.
(4) Special flood hazard area variance factors to consider. The decision maker must consider
the following factors in determining whether to grant a special flood hazard variance, and
make detailed findings concerning their applicability:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
23
(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in time of flood for ordinary and emergency
vehicles;
(j) The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer, gas,
electrical, water system, and streets and bridges.
(4) Conditions for Variances.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or
irregularly shaped lot contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases, the technical justification
required for issuing the variance increases.
(b) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(iii) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(e) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from flood elevations should be quite rare.
24
(f) Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be
determined that such action will have low damage potential, complies with all other variance
criteria except subsection (4)(b) of this section, and otherwise complies with JCC
15.15.080(1)(a), (1)(c), and (1)(d).
(5) Any applicant to whom a variance is granted shall be given written notice that the permitted
structure will be built with its lowest floor below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk.
(i) The danger that materials may be swept onto other lands to the injury of others;
(ii) The danger to life and property due to flooding or erosion damage;
(iii) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(iv) The importance of the services provided by the proposed facility to the community;
(v) The necessity to the facility of a waterfront location, where applicable;
(vi) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated development;
(viii) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(ix) The safety of access to the property in time of flood for ordinary and emergency
vehicles;
(x) The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
15.15.080 Standards for flood hazard reduction.
(1) General Standards. In all areas of special flood hazards, the following standards are required:
(a) Anchoring.
(i) All new construction and substantial improvements, including those related to
manufactured homes, shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
(ii) All manufactured homes (including park model manufactured homes) shall be
anchored to prevent flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
(b) Construction Materials and Methods.
25
(i) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(ii) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(iii) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed so as to prevent water from entering or accumulating
within the components during conditions of flooding. Locating such equipment below
the base flood elevation may cause annual flood insurance premiums to be increased.
(c) Storage of Materials and Equipment.
(i) The storage or processing of materials that could be injurious to human, animal, or
plant life if released due to damage from flooding is prohibited in special flood hazard
areas.
(ii) Storage of other material or equipment may be allowed if not subject to damage by
floods and if firmly anchored to prevent flotation, or if readily removable from the area
within the time available after flood warning.
(d) Utilities.
(i) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems;
(ii) Water wells shall be located on high ground that is not in the floodway;
(iii) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters; and
(iv) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(e) Subdivision proposals and other development involving: creation of 50 or more lots, or
development of an area five or more acres in size, whichever is less. Any proposal under
section shall:Other Development Where 50 or More Lots Are Being Created or the Project
Includes Five or More Acres.
(i) All subdivision proposals shall bBe consistent with the need to minimize flood
damage;
(ii) All subdivision proposals shall hHave public utilities and facilities, such as sewer,
gas, electrical, and water systems, located and constructed to minimize or eliminate
flood damage;
(iii) All subdivision proposals shall hHave adequate drainage provided to reduce
exposure to flood damage; and
26
(iv) Generate base flood elevation data if it has not been provided or is not available
from another authoritative source.
Where base flood elevation has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or five acres (whichever is less).
(f) Review of building permits. Where elevation data is not available either through the flood
insurance study, FIRM, or from another authoritative source (JCC 15.15.070050(32)(b)),
applications for building permits shall be reviewed to assure that proposed construction will
be reasonably safe from flooding. The test of reasonableness is a local judgment and includes
use of historical data, high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two feet above the highest adjacent grade in these zones may result
in higher insurance rates.
(2) Specific Standards. In all areas of special flood hazards where base flood elevation data has
been provided as set forth in JCC 15.15.060040(21) (Basis for Establishing the Areas of Special
Flood Hazard) or JCC 15.15.070050(32)(b) (Use of Other Base Flood Data), the following
standards are required:
(a) Residential Construction.
(i) In AE and A1-30 zones or other A zoned areas where the base flood elevation
(“BFE”) has been determined or can be reasonably obtained, new construction and
substantial improvement of any residential structure shall have the lowest floor,
including basement, and all machinery, utilities and mechanical equipment elevated one
foot or more above the BFE.
(i) (ii) N ew construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated one foot or ore above the base flood
elevation (BFE) in an AO zone shall meet the requirements in 15.15.080(5).
(iii) Mechanical equipment and utilities in an AO zone shall be elevated at least one foot
above the depth number identified on the community’s FIRM and designed so as to
prevent water from entering or accumulating within the components during flooding.
(iv) New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained
shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least
two feet above the Highest Adjacent Grade.
(v) New construction and substantial improvement of any residential structure in a V
zone shall meet the requirements in 15.15.080(6).
(vi) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect or
must meet or exceed the following minimum criteria:
27
(A) The design must include A a minimum of two openings having with a total net
area of not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided.:
(B) The bottom of all openings shall be no higher than one foot above grade. and
(C) Openings may be equipped with screens, louvers, valves or other coverings or
devices; provided that they permit the automatic entry and exit of flood waters; and
(D) A garage attached to a residential structure, constructed with the garage floor slab
below the BFE, must be designed to allow for the automatic entry and exit of flood
waters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
(b) Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together
with attendant utility and sanitary facilities, shall: meet the following requirements:
(i) Preferred alternative. All of the requirements of this subsection (i) of this section
shall be met if feasible. If not feasible, the requirements of subsection (ii) must be met:
(i) Be floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
(AA) In AE and A1-30 zones or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial
improvement of any commercial, industrial, or other nonresidential structure shall
have the lowest floor, including basement, elevated one foot or more above the BFE,
or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and
utilities shall be waterproofed or elevated least one foot above the BFE, or as required
by ASCE 24, whichever is greater.;
(BB) If located in an AO zone, the structure shall meet the requirements in JCC
15.15.080 (5).);
(CC) If located in an Unnumbered A zone for which a BFE is not available and
cannot be reasonably obtained, the structure shall be reasonably safe from flooding,
but in all cases the lowest floor shall be at least two feet above the Highest Adjacent
Grade.;
(DD) If located in a V, V1-30, or VE zone, the structure shall meet the requirements
in 15.15.080 (6).); and
(EE) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
28
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
(11) Have a minimum of two openings with a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding.;
(22) The bottom of all openings shall be no higher than one foot above grade.;
(33) Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of floodwater.;
and
(44) A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry and exit of
flood waters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
(ii) If the requirements of subsection (1) of this section are not met, then new
construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
(A) Be dry floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or
dry floodproofed to the elevation required by ASCE 24, whichever is greater;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in Section 15.15.070 (2); and
(D) For nonresidential structures that are elevated and not floodproofed, must meet
the same standards for space below the lowest floor as described in 15.15.080 (2)(a)
(vi).
(iii) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in JCC 15.15.070 (3) (c)(ii); and
29
(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection 2 (a) (ii) of this
section.
(c) Manufactured Homes. All manufactured homes in the floodplain to be placed or
substantially improved on sites within the special flood hazard area shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home and all
machinery, utilities and equipment is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(i) Outside a manufactured home park or subdivision; when.
(ii) In a new manufactured home park or subdivision;
(iii) An expansion to an existing manufactured home park or subdivision;
(iv) On a site in an existing park where a manufactured home has incurred substantial
damage as a result of a flood.
(d) Recreational vehicles, including park models. Recreational vehicles placed on sites
within the special flood hazard area are required to either:
(i) Be on the site for fewer than 180 consecutive days;
(ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached
to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(iii) Meet the requirements of subsection (2)(c) of this section and the elevation and
anchoring requirements for manufactured homes.
(e) Enclosed Area Below the Lowest Floor. If a building or manufactured home is
constructed or substantially improved with fully enclosed area below the lowest floor, the
area shall be used solely for parking of vehicles, building access, or storage.
(3) AE and A1-30 Zones with Base Flood Elevations But No Floodways. In areas with base
flood elevations (but a regulatory floodway has not been designated), no new construction,
substantial improvements, or other development (including fill) shall be permitted within zones
A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one foot at any point
within the community.
(4) Floodways. Areas designated as floodways are located Located within areas of special flood
hazard established in JCC 15.15.040 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase
erosion potential, the following standards apply:
30
(a) No Rise Standard. Prohibit eEncroachments, including fill, new construction, substantial
improvements, and other development are prohibited, unless certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels during the occurrence of the base flood
discharge;
(b) Residential Construction in the Floodways. Construction or reconstruction of residential
structures is prohibited within designated floodways, except for:
(i) repairs, reconstruction, or improvements to a structure which do not increase
the ground floor area; and
(ii) repairs, reconstruction or improvements to a structure, the cost of which does
not exceed 50 percent of the market value of the structure either:
(A) before the repair, or reconstruction is started, or
(B) if the structure has been damaged, and is being restored, before the
damage occurred. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be excluded
in the 50 percent;
(c) If the “no-rise” standard contained in subsection (4)(a) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable flood hazard
reduction provisions of this section. ; and
(d) Replacement of Farmhouses in Floodway.
Repairs, reconstruction, replacement, or improvements to existing farmhouse structures (as
defined in JCC15.15.030) located in designated floodways and that are located on lands
designated as agricultural lands of long-term commercial significance under RCW
36.70A.170 may be permitted subject to the following:
(i) The new farmhouse is a replacement for an existing farmhouse on the same farm site;
(ii) There is no potential building site for a replacement farmhouse on the same farm
outside the designated floodway;
(iii) Repairs, reconstruction, or improvements to a farmhouse shall not increase the total
square footage of encroachment of the existing farmhouse;
(iv) A replacement farmhouse shall not exceed the total square footage of encroachment
of the farmhouse it is replacing;
(v) A farmhouse being replaced shall be removed, in its entirety, including foundation,
from the floodway within ninety days after occupancy of a new farmhouse;
31
(vi) For substantial improvements and replacement farmhouses, the elevation of the
lowest floor of the improvement and farmhouse respectively, including basement, is a
minimum of one foot higher than the BFE;
(vii) New and replacement water supply systems are designed to eliminate or minimize
infiltration of flood waters into the system;
(viii) New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of flood water into the system and discharge from the
system into the flood waters; and
(ix) All other utilities and connections to public utilities are designed, constructed, and
located to eliminate or minimize flood damage.
(5) Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on
FIRMs as AO zones with depth designations. The base flood depths in these zones range from
one to three feet above ground where a clearly defined channel does not exist, or where the path
of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
(a) New construction and substantial improvements of residential structures and
manufactured homes within AO zones shall have the lowest floor (including basement,
utilities and mechanical equipment) elevated above the highest adjacent grade to the
structure, one foot or more above the depth number specified in feet on the community’s
FIRM (at least two feet above the highest adjacent grade to the structure if no depth number
is specified);
(b) New construction and substantial improvements of nonresidential structures within AO
zones shall either:
(i) Have the lowest floor (including basement) elevated above the highest adjacent grade
of the building site, one foot or more above the depth number specified on the FIRM (at
least two feet if no depth number is specified). Recorded on a current elevation
certificate with Section E completed; or
(ii) Together with attendant utility and sanitary facilities, be floodproofed to or above
that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If
this method is used, compliance shall be certified by a registered professional engineer
or architect as in subsection (2)(b)(iii) of this section;
(c) Require adequate drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures; and
(d) If a recreational vehicle is placed on a site within an AO zone on the community’s FIRM,
the recreational vehicle is Recreational vehicles placed on sites within AO zones on the
community’s FIRM are required to either:
(i) Be on the site for fewer than 180 consecutive days; or
32
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached additions; or
(iii) Meet the requirements of subsections (5)(a) and (5)(c) of this section and the
anchoring requirements for manufactured homes (subsection (1)(a) of this section).
(6) Coastal High Hazard Areas. Coastal high hazard areas are located Located within areas of
special flood hazard established in JCC 15.15.040(2) are coastal high hazard areas, and are
designated as zones V1-30, VE and/or V. These areas have special flood hazards associated with
high velocity waters from surges. and therefore, inIn addition to meeting all other provisions in
this chapter, the following provisions shall also apply:
(a) All new construction and substantial improvements in zones V1-30 and VE (V if base
flood elevation data is available) on the community’s FIRM shall be elevated on pilings and
columns so that:
(i) The bottom of the lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated one foot or more above the base flood level or meets
the elevation requirements of ASCE 24, whichever is higher; and
(ii) The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water loading values shall
each have a one percent chance of being equaled or exceeded in any given year (100-
year mean recurrence interval).
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of subsections (6)(a)(i) and (ii) of this section;
(b) Obtain OThe applicant shall obtain the elevation (in relation to mean sea level) of the
bottom of the lowest structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures in zones V1-30, VE, and V on the
community’s FIRM and disclose whether or not t suchthe structures contains a basement.
The development service managerdevelopment service manager floodplain administrator
shall maintain a record of all such information;
(c) All new construction within zones V1-30, VE, and V on the community’s FIRM shall be
located landward of the reach of mean high tide;
(d) Provide that aAll Provide that all nnew construction and substantial improvements within
zones V1-30, VE, and V on the community’s FIRM shall have the space below the lowest
floor either free of obstruction or constructed with non-supporting breakaway walls, open
wood lattice-work, or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage to the elevated portion of
the building or supporting foundation system. For the purposes of this subsection, a
breakaway wall shall have a design safe loading resistance of not less than 10 and no more
33
than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by local or
state codes) may be permitted only if a registered professional engineer or architect certifies
that the design proposed meets the following conditions:
(i) Breakaway wall collapse shall result from water load less than that which would
occur during the base flood; and
(ii) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination
shall each have a one percent chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be usable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation;
(e) Prohibit tThe use of fill for structural support of buildings within zones V1-30, VE, and
V on the community’s FIRM is prohibited;
(f) Prohibit manmadeAnthropogenic alteration of sand dunes within zones V1-30, VE, and V
on the community’s FIRM which is prohibited, if the alteration would increase potential
flood damage;
(g) All manufactured homes to be placed or substantially improved within zones V1-30, V,
and VE on the community’s FIRM shall meet the standards of subsections (6)(a) through (f)
of this section. Manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision within zones V1-30, V, and VE on the
FIRM shall meet the requirements of subsection (2)(c)(ii) of this section. This subsection
applies to manufactured homes placed on the following sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured
home has incurred “substantial damage” as the result of a flood; shall meet the standards
of subsections (6)(a) through (f) of this section and manufactured homes placed or
substantially improved on other sites in an existing manufactured home park or
subdivision within zones V1-30, V, and VE on the FIRM shall meet the requirements of
subsection (2)(c)(ii) of this section; and
(h) All Recreational recreational vehicles placed on sites within zones V1-30, V, and VE on
the community’s FIRM eithershall meet the following requirements:
(i) Be on the site for fewer than 180 consecutive days; or
34
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions; or
(iii) Meet the requirements of JCC 15.15.070(1)(a) (Development Permit permit
Requiredrequired) and subsections (6)(a) through (f) of this section.
(7) Critical Facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the special flood hazard area (“SFHA”) (100-year floodplain). Construction of new critical
facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical
facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE
or to the height of the 500-year flood, whichever is higher. , and Access access to and from the
critical facility should also be protected to the that height utilized above. Floodproofing and
sealing measures must be taken to ensure that toxic substances will not be displaced by or
released into floodwaters. Access routes elevated to or above the level of the base flood elevation
shall be provided to all critical facilities to the extent possible.
(8) Appurtenant Structures (Detached Garages garages and Storage storage Structuresstructures).
In A zones (A, AE, A1-30, AH, AO), appurtenant structures used solely for parking of vehicles,
storage, or access may be constructed such that the floor is below the BFE, provided the structure
is designed and constructed in accordance with the following requirements:
(a) Use of the appurtenant structure must be limited to parking of vehicles or storage;
(b) The portions of the appurtenant structure located below the BFE must be built using
flood-resistant materials;
(c) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and
lateral movement;
(d) Any machinery or equipment servicing the appurtenant structure must be elevated or
floodproofed to or above the BFE;
(e) The appurtenant structure must comply with floodway encroachment provisions in
subsection (4)(a) of this section; and
(f) The appurtenant structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with subsection (2)(a)(ii) of this section.
Detached garages, storage structures, and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards in subsection (1)(b) of
this section.
Upon completion of the structure, certification that the requirements of this section have been
satisfied shall be provided to the floodplain administrator for verification.
(9) General Requirements for Other Development.
35
All development, including manmade anthropogenic changes to improved or unimproved real
estate for which specific provisions are not specified in this ordinance or the state building codes
with adopted amendments and any Jefferson County amendments, shall:
a) Be located and constructed to minimize flood damage;
b) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;
c) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
d) Be constructed of flood damage-resistant materials;
e) Meet the flood opening requirements of Section 5.2-1(5), ); and
f) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
(10) Livestock Sanctuaries. Elevated areas for the for the purpose of creating a flood sanctuary for
livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall
be sized appropriately for the expected number of livestock and be elevated sufficiently to protect
livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive
requirements of this chapter.
15.15.090 Enforcement.
The provisions of this chapter shall be enforced under Title 19 of the Jefferson County Code.
Jefferson County may seek any remedy available under law as is necessary to prevent or correct
any violation of this chapter.
15.15.095 Severability.
The provisions of this code are declared separate and severable. If any section, clause, sentence,
or phrase of this chapter is held to be invalid or unconstitutional by any court of competent
jurisdiction, that holding shall in no way affect the validity of remainder of the code or
application of its provision to other persons or circumstances.
36
APPENDIX B – Chapter 18.40 JCC Amendments
Table 8-1. Permits – Decisions
Type I1 Type II Type III Type IV Type V
Septic permits Classification of unnamed
and discretionary uses
under Article II of
Chapter 18.15 JCC
Variances under
JCC 18.22.250
Special flood hazard
area variances under
JCC 15.15.075
Final plats under
Chapter 18.35 JCC
Special use permits,
such as for siting
essential public
facilities under
JCC 18.15.110
Allowed uses not
requiring notice of
application (e.g., “Yes”
uses listed in Table 3-1
in JCC 18.15.040,
building permits, special
flood hazard area
development permits,
etc.)
Release of six-year FPA
moratorium for an
individual single-family
residence under
JCC 18.20.160
PRRDs under Article VI-
M of Chapter 18.15 JCC
and major amendments
to PRRDs under
JCC 18.15.545(3)
Final PRRDs under
Article VI-M of
Chapter 18.15 JCC
Jefferson County
Comprehensive Plan
amendments under
Chapter 18.45 JCC
Minor amendments to
planned rural residential
developments (PRRDs)
under JCC 18.15.545
Cottage industries under
JCC 18.20.170
Temporary housing
facilities under
JCC 18.20.385
Shoreline substantial
development permits,
conditional use permits,
and variance permits
under the Jefferson
County shoreline master
program (SMP)
Amendments to
development
regulations
Home businesses
approved under
JCC 18.20.200
Short subdivisions under
Article III of
Chapter 18.35 JCC
Plat alterations and
vacations under
JCC 18.35.030(3)
Amendments to the
Jefferson County
SMP
Temporary outdoor use
permits under
JCC 18.20.380
Binding site plans under
Article V of
Chapter 18.35 JCC
Long subdivisions under
Article IV of
Chapter 18.35 JCC
Subarea and utility
plans and
amendments thereto
Stormwater management
permits under
JCC 18.30.070
Administrative conditional
use permits under
JCC 18.40.520(1) and
listed in Table 3-1 in
JCC 18.15.040 as “C(a)”
Discretionary conditional
use permits under
JCC 18.40.520(2) [i.e.,
listed in Table 3-1 in
JCC 18.15.040 as
“C(d)”] where required
by administrator
Development
agreements and
amendments thereto
under Article XI of
this chapter
Road access permits
under JCC 18.30.080
Discretionary conditional
use permits under
JCC 18.40.520(2) listed in
Table 3-1 in
JCC 18.15.040 as “C(d)”
unless Type III process
required by administrator
Conditional use permits
under JCC 18.40.520(3)
[i.e., uses listed in Table
3-1 in JCC 18.15.040 as
“C”]
Master plans for
master planned
resorts
Sign permits under
JCC 18.30.150
Minor variances under
JCC 18.40.640(2)
Major variances under
JCC 18.40.640(3)
Amendments to the
Unified Development
Code Boundary line
adjustments under
Article II of
Chapter 18.35 JCC
Administrative conditional
use permits, under
Jefferson County SMP,
JCC 18.25.620(3) listed in
JCC 18.25.220,
Table 18.25.220 as “C(a)”
Wireless
telecommunications
permits under
JCC 18.20.130 and
Chapter 18.42 JCC
37
Table 8-1. Permits – Decisions
Type I1 Type II Type III Type IV Type V
Discretionary conditional
use permits under
Jefferson County SMP,
JCC 18.25.620(4) listed in
JCC 18.25.220,
Table 18.25.220 as “C(d),”
unless Type III process
required by administrator
Minor adjustments to
approved preliminary
short plats under
JCC 18.35.150
Wireless
telecommunications
permits under
JCC 18.20.130 and
Chapter 18.42 JCC
Major industrial
development conditional
use approval under
Article VIII of
Chapter 18.15 JCC
Forest practices release
of a moratorium under
Chapter 18.20 JCC
Minor amendments to
approved preliminary
long plats under
JCC 18.35.340
Small-scale recreation
and tourist (SRT) uses in
SRT overlay district under
JCC 18.15.572.
Plat alterations under
JCC 18.35.670 Site development review
under Article VII of this
chapter
Exemptions under the
Jefferson County SMP
Revisions to permits
issued under the
Jefferson County SMP
Boundary line
agreements under Article
VIII of
Chapter 18.35 JCC
Residential development
exception pursuant to
JCC 18.12.080
Innocent purchasers for
value determinations
pursuant to
JCC 18.12.100
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).
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I – IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation
made by:
Project
planner
Project planner Project planner N/A Planning commission1
Final decision
made by:
Administrator Administrator Hearing examiner Board of county
commissioners
Board of county
commissioners
Notice of
application:
No Yes Yes No N/A
Open record
public hearing:
No Only if administrator’s
decision is appealed,
open record hearing
before hearing
examiner
Yes, before
hearing examiner,
prior to permit
decision by the
hearing examiner
No Yes, before planning
commission to make
recommendation to board
of county commissioners1
Closed record
appeal/final
decision:
No No No N/A Yes, or board of county
commissioners could hold
its own hearing
38
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I – IV) Legislative
Type I Type II Type III Type IV Type V
Judicial appeal: Yes Yes Yes Yes Yes2
1Type V land use actions are subject to review and recommendation by the planning commission, except
for utility plans, ordinances or regulations that address procedural issues related to land use planning,
interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative
boards or courts of law.
2Pursuant 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.
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. Appeal to
superior court.
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: Notice and public hearing before planning commission, with planning commission recommendation to board of
county commissioners, except for utility plans, ordinances or regulations that address procedural issues related to
land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law. Notice and public hearing before board of county commissioners with final
legislative action by the board of county commissioners (see Chapter 18.45 JCC).
1
JEFFERSON COUNTY
PLANNING COMMISSION
TO: Honorable Chair and Members of the Planning Commission
FROM: Phil Cecere, Floodplain Administrator and Chief Building Official
Brent A. Butler, AICP, Chief Strategy Officer
DATE: May 1, 2024
SUBJECT: Flood Damage Prevention – Jefferson County Code Chapter 15.15
_____________________________________________________________________________________
STATEMENT OF ISSUE:
On February 7, 2024, and January 17, 2024, the Chief Strategy Officer (CSO) delivered a presentation
regarding proposed amendments to Chapter 15.15 of the Jefferson County Code (JCC) – Flood Damage
Prevention. As part of these presentations, the CSO summarized proposed revisions to Chapter 15.15 JCC
that would bring it into compliance with the Federal Emergency Management Agency (FEMA)
regulations as more fully set forth in FEMA’s model ordinance, and recommended to the Planning
Commission to identify how many public input sessions may be necessary and to direct staff to schedule a
public hearing on the proposed revised Flood Damage Prevention ordinance. The Planning Commission
accepted the staff recommendations, and staff published notice of the March 6th public hearing.
At the March 6th public hearing, the CSO informed the Planning Commission that while the Department
of Ecology (ECY) representative had already reviewed the ordinance, FEMA had neither reviewed the
draft ordinance nor submitted any agency comments. Consequently, staff recommended that the Chair
open the public hearing to accept testimony, and continue it to 6 PM on May 1, 2024, in the hope that
FEMA’s comments would be before the Planning Commission prior to deliberations. Additionally, staff
sought to ensure that anyone who read the advertised announcement of the March 6th public hearing in the
newspaper of record, the Leader, would know that the Planning Commission continued the hearing to
May 1, 2024.
Given the additional review time, staff consulted with the Office of the Prosecuting Attorney and now
propose additional edits to improve the organization of Chapter 15.15 JCC and to clarify the permit
pathways for regular permits and variances by amending Chapter 18.40 JCC (see Exhibit A – Draft
Ordinance). Additionally, Commissioner Stroming requested information about the regulatory
framework associated with the Door 2 pathway during the Planning Commission deliberations at the
public hearing on March 6, 2024. The background section is now updated to share what we know about
the Door 2 pathway.
BACKGROUND:
Created by Congress in 1968, the National Flood Insurance Program (NFIP) provides insurance to help
reduce the socio-economic impact of floods. Flood insurance is a separate insurance policy that can cover
buildings, the contents in a building, or both. The NFIP provides flood insurance to property owners,
renters, and businesses, and having this coverage helps them recover faster when floodwaters recede. The
NFIP is a public-private partnership between the federal government, the property and casualty insurance
2
industry, states, local officials, lending institutions, and property owners. The NFIP is administered by
FEMA, while insurance policies are sold and serviced by a network of more than 50 insurance companies
and the NFIP directly.
FEMA conducts its audit through a state agency, ECY to ensure the Floodplain Management regulations
meet or exceed the minimum criteria outlined in 44 Code of Federal Regulations (CFR) Part 60.3 entitled
Flood plain management criteria for flood-prone areas. In the fourth quarter, ECY conducted a field
survey of the Jefferson County floodplain to identify new or substantially improved floodplain
development and requested the associated permit files for auditing purposes. ECY also requested copies
of all permits issued by Jefferson County over the last five years where the county authorized construction
in the regulatory floodplain and met with county staff as part of the Customer Assistance Visit (CAV)
audit that should occur once every five years. The regulatory floodplain areas are commonly referred to
as the “area of special flood hazard,” the “special flood hazard area” (SFHA)areas subject to the one
percent chance flood or the 100-year flood area. All of these terms denote areas subject to the provisions
of the attached ordinance (see Attachment 1 – JCC Chapter 15.15 Flood Damage Prevention).
On January 10, 2024, county staff met with the FEMA representative at ECY to discuss required or
recommended amendments to Chapter 15.15 Flood Damage Prevention. Some of these revisions are
required to bring Jefferson County into compliance with the model flood damage prevention ordinance or,
alternatively, to implement the criteria of a voluntary program known as the Community Rating System
(CRS), that reward communities with further reductions in flood insurance premiums commensurate with
the communities’ adoption of higher regulatory standards. The Jefferson County Ordinance, Chapter
15.15 JCC responds to an earlier lawsuit, as more fully set forth below.
FEMA NFIP Biological Opinion Compliance
A 2004 lawsuit held that FEMA had a responsibility to consult with the National Marine Fisheries Service
(NMFS) about impacts of the NFIP on listed species under Section 7 of the Endangered Species Act
(ESA). The plaintiffs (the National Wildlife Federation) believed that the operation of the NFIP resulted
in impacts on several species listed under the ESA and their critical habitats within Puget Sound. A
consultation is the mechanism used to review federal programs or permitting activities and determine
what is needed to address any impacts to endangered species. Consultations are handled either by the
National Marine Fisheries Service (NMFS) or the United States Fish and Wildlife Service (USFWS). The
result of that consultation was the issuance in September 2008 by NMFS of a Biological Opinion (BiOp)
under the ESA. The BiOp prepared for the NFIP found that some elements “jeopardized” several ESA-
listed species in the Puget Sound, including Chinook salmon and Orca whales. These elements included
FEMA floodplain mapping, the community rating system and the minimum development standards. The
BiOp includes “reasonable and prudent alternatives” (RPAs) that must be implemented by the federal
agency
The most critical element for purposes of local government administration of floodplain regulations
relates to FEMA’s minimum development criteria, which local jurisdictions are required to adopt to
participate in the NFIP. RPA Element 3 directs FEMA to tighten significantly the minimum development
criteria that is used by local governments to regulate floodplain development.
NMFS prepared a description in February 2011 of what is required by RPA Element 3 in the
publication Reasonable & Prudent Alternative Element 3: Floodplain Management Criteria [Pdf].
3
Affected jurisdictions such as Jefferson County were given a deadline of September 23, 2011, to show
compliance with the BiOp requirements. Jurisdictions could elect one of three “doors” to achieve
compliance. See FEMA’s description of compliance options here. A jurisdiction could choose to (1) adopt
a model ordinance drafted by NMFS (Door 1), (2) adopt a programmatic approach utilizing existing
regulations and supplementing with new regulations and policies, as needed (Door 2), or (3) undertake a
project-by-project review to determine compliance with the BiOp (Door 3). A jurisdiction operates under
Door 3 (permit-by-permit) until a Door 1 or Door 2 proposal has been approved by FEMA.
Jefferson County’s Response to Bi-Op Requirements - Jefferson County’s attempt to comply with the
Door 1 or 2 approach was unsuccessful, and Jefferson County is currently reviewing projects on a case-
by-case basis (Door 3) for compliance with the BiOp, utilizing its new procedures in JCC 15.15. In
response to Commissioner Stroming inquiry, the provisions regarding Door 2 are attached as Exhibit B.
ANALYSIS:
Through ECY, FEMA provided technical assistance to ensure Jefferson County’s NFIP compliance. A
specific focus is Chapter 15.15 JCC entitled Flood Damage Prevention. ECY’s clear and concise
guidance includes how to implement best available science is reflected in Comprehensive Plan Goal EN-
G-6 of the Jefferson County Comprehensive Plan, which states:
“Continue to implement, periodically review, and update critical area
regulations under the Jefferson County Critical Areas Ordinance
(CAO) consistent with GMA requirements, including best available
science.”
This comprehensive plan goal is implemented through Policy EN-P-6.2 of the Comprehensive Plan which
states:
“Continue to protect flood hazard areas from development and uses that
compromise the flow, storage, and buffering of flood water, normal
channel functions, and fish and wildlife habitat, and minimize flood and
river process risk to life and property under the Critical Area Ordinance
(CAO). Continue to periodically review and update CAO regulations
relating to flood hazards, including best available science.”
Since the proposed revisions to Chapter 15.15 JCC are consistent with the Comprehensive Plan, as set
forth above, JCC provisions that guide the amendment process are codified in JCC 18.45.010 (3), which
states:
“Planning Commission Role. The Jefferson County planning commission is
an advisory body that shall make recommendations to the county
commissioners on all Comprehensive Plan matters, including amendments
to the plan text and land use map, development regulations and subarea
plans.”
and JCC 18.45.090 (1) (a):
“(1) Initiation. The text of the county’s development regulations (RCW
36.70A.030(7)) may be amended at any time, provided the amendment is
4
consistent with the Jefferson County Comprehensive Plan and land use
map…..(a) When consistent with the [comprehensive] plan, at any time at
the direction of the board of county commissioners or by the planning
commission pursuant to RCW 36.70.550;”
Based on the foregoing discussion, the CSO recommends that the Planning Commission concur with the
conclusion that these changes implement Comprehensive Plan Goal EN-G-6, and recommend
amendments to JCC 15.15, and JCC 18.40 to incorporate “best available science.”
RECOMMENDATION:
The Planning Commission should recommend that the Board of County Commissions hold a public
hearing to approve the Draft Ordinance Attached as Exhibit A, which revises the March 6, 2024 public
hearing draft.
1
JEFFERSON COUNTY
PLANNING COMMISSION
Staff Report
TO: Honorable Chair and Members of the Planning Commission
FROM: Brent A. Butler, AICP, Chief Strategy Officer
DATE: May 1, 2024
SUBJECT: Workshops on regulations governing rentals for less than 30 days
STATEMENT OF ISSUE:
In consultation with the Planning Commission, the Chief Strategy Officer (“CSO”) scheduled three
workshops with community members in different geographic areas of the county. The goal of these
workshops was to explain the existing regulations and obtain community input on how to craft a better
short-term rental (STR) ordinance.
STRs are defined as those rentals that are for less than 30 days and cover a broad range of housing types
commonly known among other terms as short-term rentals, transient accommodations, HIP Camp,
Glamping, Arbnb, VRBO, and home sharing. The first workshop attended by Commissioner Kate Dean
and Planning Commissioner Cynthia Koan occurred on March 12, 2024 at the Cape George Fire Station;
the second workshop attended by Commissioner Heidi Eisenhour and Planning Commissioners Schultz
and Koan occurred on March 13, 2024 at the Tri-Area Community Center, and the third one attended by
Commissioner Brotherton and Planning Commissioner Koan occurred on March 14, 2024 at the Quilcene
Community Center. Attendance varied with approximately 40 people at the Cape George workshop, 20 to
30 people at the Tri-Area, and between 5 and 10 participants at the Quilcene workshop. A summary of the
first two meetings is included in the packet, (see Attachment 1 – March 12th workshop notes) & (see
Attachment 2 – March 13th workshop notes); however, due to time constraints, the third workshop, which
occurred on March 14, 2024 will be provided as a handout at the planning commission meeting.
As outlined in the Comprehensive Plan the Comprehensive Plan’s Housing Action Plan contains Exhibit
3-7 which states:
•Evaluate short-term rentals using available local and state data sources.
Determine if a registration program and limits on numbers, zones, or
locations are appropriate to help ensure a sufficient housing supply for year-
round residents.
•Evaluate short-term rentals. To ensure such uses do not further restrict the
housing supply for year-round residents, the County could examine the
prevalence of short-term rentals and determine if a registration program and
limits on numbers, zones, or locations are appropriate.
2
Consistent with the Housing Action Plan, a goal of these workshops was to work with the community to
gather ideas and to review them with the Planning Commission so that short-term rental regulations may
be revised as directed by the Board of County Commissioners (“BoCC” or “Board”). This process has the
ongoing support of Commissioner Kate Dean who is the CSO’s liaison to the BoCC on this planning
topic. In the interim period, a moratorium has been adopted by the BoCC (see Attachment 3 – Ordinance
01-0408-24 Short Term Rental Moratorium).
BACKGROUND:
Significant distinctions exist between transient rentals in structures for which a septic permit was
designed and properly permitted and HIP Camp or glamping type accommodations, which may not
include septic permit approvals unless permitted in accordance with the conditional use provisions of the
Jefferson County Code (JCC). For purposes of this agenda item, HIP Camp type of short-term rentals are
considered separately, and identified as transient rentals without structures.
Considerations Affecting Both Types of Short-Term Rentals
The municipal research service center has broadly discussed the concerns associated with these types of
uses and writes:
1. Lack of lodging and sales tax collection on these short-term rental stays;
2. Unregulated traffic, parking, and noise impacts on the surrounding neighborhood; and/or
3. Non-compliance with life/safety standards that are commonly applied to other types of lodging
establishments (such as hotels, motels, and bed-and-breakfasts)?”
You can access more information on this topic by going to: https://mrsc.org/stay-informed/mrsc-
insight/february-2016/local-government-catching-up-with-airbnb
Transient Rentals without Structures (TRWS)
Community issues surrounding short term rentals of existing housing units is similar to but somewhat
different than the issues surrounding the renting of properties in open space areas without structures
which, as stated, are currently permitted through the conditional use permit process. Generally, such uses
are considered for approval under the “small-scale recreation” requiring a conditional use permit after
public notice, a written public comment period and, at the discretion of the administrator, a public hearing
procedure. While there has been significant concern raised by abutting neighbors in Marrowstone Island
and the Tri-Area about unauthorized HIP camps or glampers in the past year, staff generally sees the
existing conditional use permit process as working. Staff has, however, looked at ways to streamline this
process and in the analysis, identifies the potential pitfalls.
Permitting pathway for TRWS
As stated, Jefferson County established a permitting process for short term rentals such as HIP Camps,
which involve a conditional use permit as set forth in JCC 18.15.040 Categories of land use.
Significantly, this is similar to how Clallam County also known as a tourist destination permits these
types of uses.
3
Short Term Rentals in Structures (STRS)
Short term rentals, alternatively, are broadly permitted throughout the county in the zoning districts
abbreviated as AG, CF, RF,IF, RR:1:5,RR1:10,RR1:20 & RVC and also in the Port Ludlow Master
Planned Resort’s RC/CF Zone. Additionally, the county code requires that at least 65% of the
accommodations in the Pleasant Harbor Master Planned Resort consist of short-term rentals, as it is
envisioned as a tourist destination (see JCC 17.60.070 Resort cap and residential use restrictions and JCC
18.15.123 Allowable uses, where subsection (2) clearly states that short term visitor accommodations,
including, but not limited to, hotels, motels, lodges, and other residential uses…constitute no less than
65%). It is also more broadly discussed in the definitions as permissible in Master Planned Resorts (see,
18.10.130 M definitions “Master Planned Resort”, and JCC 18.15.126 Requirements for master planned
resorts)
ANALYSIS
At this point, the scope of review is limited to short term rentals in structures, as more fully set forth in the
title of the moratorium, and the accompanying workplan submitted as section 6 of Ordinance No. 01-0408-
24 (see Attachment 3 – Ordinance Relating to Development Regulations for Short-Term Rentals,
Declaring an Emergency and Establishing a Moratorium). The scope of work is based on uses identified in
Jefferson County Code (JCC) Section 18.20.210(3), which specifies: Transient Residence or Transient
Guest House (Accessory Dwelling Unit).
4
As stated in this section of the JCC, the moratorium therefore applies “to all short-term (less than 30 days)
transient rentals of single-family residential units and guest houses (ADUs) or portions thereof:”
During this planning session, staff recommends commencing with step 1 by identifying the thematic areas
that should be considered based on comments received at the March 12, 13 and 14th workshops, and as part
of the May 1st comments and discussion.
WORKPLAN
Step 1 – Study the issues concerning short term rentals
Step 2 – Prepare a draft Ordinance with appropriate revisions to Jefferson County’s zoning and land
use regulations and if necessary, the comprehensive plan
Step 3 - Perform State Environmental Policy Act (SEPA_ review of the draft ordinances, and
Step 4 – Conduct a public review process for the amendments, which includes public hearings before
Jefferson County’s Planning Commission and Board of County Commissioners, if required.
RECOMMENDATION:
After the presentation, consider the thematic areas which should be the focus of revisions and provide
direction.
ATTACHMENTS:
Attachment 1 - Meeting Notes – March 12, 2024
Attachment 2 – Meeting Notes - March 13, 2024
Attachment 3 – Moratorium Adopted by the Board of County Commissioners
ATTACHMENT 1 – March 12, 2024 Meeting Notes
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
DATE: April 23, 2024
FROM: Brent A. Butler, Chief Strategy Officer
TO: Attendees of Short-Term Rental Workshop # 1
RE: March 12, 2024 meeting notes
------------------------------------------------------------------------------------------------------------------------------
At the March 12, 2024 workshop in the Cape George Fire Station, the Chief Strategy Officer (CSO)
summarized existing regulations as outlined in the attached PowerPoint presentation (see Attachment 1
– PowerPoint Presentation) and accepted community members’ comments, ideas and concerns. As part
of this workshop, participants shared several examples to illustrate problems with short term rentals, and
asked several questions. These examples and questions along with their respective answers appear
below.
Using real life examples of practices, participants shared concerns as set forth below.
Example 1 - A workshop participant shared his experience in Sedona, Arizona. In his example, which
was more fully discussed in a newspaper article, see Jefferson County/Port Townsend Leader,
https://www.ptleader.com/stories/short-term-rental-options-under-review,162565, the former Sedona
resident who now lives in Cape George shared that his particular Sedona neighborhood with
approximately 190 homes went from zero short term rentals (STR) in 2016 (when the governor signed
legislation restricting local government’s ability to regulate STR) to about 72% in 2023, approximately
6 years later (see, https://azcapitoltimes.com/news/2016/06/01/governor-signs-bill-that-could-turn-
neighborhoods-into-vacation-rental-zones/), a change so drastic that he no longer desired to live there.
Of these, many were owned by corporations and individuals living elsewhere. This law was largely
reversed in 2022 (see, https://www.axios.com/local/phoenix/2022/11/21/arizona-cities-regulations-short-
term-rentals), per Senate Bill 1168 (see, https://www.azleg.gov/legtext/55leg/2R/laws/0343.pdf).
Example 2 – A workshop participant shared the concern about a short-term rental practice that is
harmful to families. In this instance, a homeowner rents his home to a long-term tenant, a family, in the
slow season, typically the winter and winter’s shoulder seasons. Then the tenant, a low-income family,
was required to move every summer to enable the homeowner to rent out the home to short term tenants.
Example 3 – A participant shared Seaside’s example where the number of vehicles became problematic,
and the regulations were crafted to limit the number of vehicles through the short-term rental provisions,
and used the police to enforce provisions.
Example 4 – One workshop participant suggested that the county address enforcement by imposing a
penalty immediately borrowing from the Coast Guard’s practice, and removing the penalty once
compliance is achieved.
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
Questions and Answers –
1) What does the Comprehensive Plan (Comp Plan) say about Short Term Rentals?
Answer: A search of “short term rentals” in the Jefferson County Comprehensive Plan
documents that the term appears ten times.
The Comp Plan’s Housing Element (HE) in page 3-3 says:” While short-term rentals support
tourism and provide income for homeowners, they reduce year-round housing supply for
permanent residents contributing to rising rent.” HE goes on to share on page 3-10 that “Another
challenge to housing supply and attainability may include short term rentals…. The almost 25%
of vacant units are likely occupied by second-home owners, and a share is used as short-term
rentals. Use of housing for short-term rentals can help the homeowner with their mortgage costs;
however, if homes are purchased with the primary purpose to rent them on a short-term basis,
that can lower the supply of housing and increase costs for permanent residents. Other
communities have developed polices and regulations designed to ensure short-term rentals are
registered and located in areas that are less disruptive to year-round residents. (MRSC, 2016).
Transient housing includes hotels, bed and breakfasts, boarding homes, rooming homes, and
short-term rentals (e.g., AirBnB/VRBO) see page 3-10. In conclusion, the HE says: “Evaluate
short-term rentals and consider policies to ensure a sufficient housing supply for year-round
residents.”
In the Action Plan on page 3.5, Exhibit 3-7, it says:
• “Evaluate short-term rentals using available local and state data sources. Determine if a
registration program and limits on numbers, zones, or locations are appropriate to help
ensure a sufficient housing supply for year-round residents.”
• “Evaluate short-term rentals. To ensure such uses do not further restrict the housing
supply for year-round residents, the County could examine the prevalence of short-term
rentals and determine if a registration program and limits on numbers, zones, or locations
are appropriate.
2) What does the HOA for Cape George say regarding Short Term Rentals?
Answer: While the CSO neither reviewed the Cape George HOA nor found a copy of it on the
Cape George website for review, according to the workshop discussion, the Cape George
subdivision HOA allows short term rentals. If the Cape George community’s HOA allows short
term rentals, the applicable standards would be governed by the existing county provisions as
outlined in the PowerPoint presentation (see, Attachment 1 – PowerPoint Presentation).
However, since the county neither reviews HOAs nor enforces the provisions, if a HOA
prohibition on Short Term Rentals were adopted by Cape George, it would not be regulated or
enforced by the county. It would be a private party agreement.
Nonetheless, according to the Municipal Research Service Center, Homeowners’ Associations
must abide by the regulations in Chapter 64.38 Revised Code of Washington (RCW) (see,
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
https://mrsc.org/research-tools/ask-mrsc-archives/planning#Can-a-city-ordinance-that-allows-
accessory-dwellin). A quick review suggests that not only does state law regulate HOA, it also
places some limitations on what an HOA can privately regulate. The law prohibits an HOA’s
governing documents (i.e., CCRs) from excluding solar panels, certain types of drought resistant
landscaping, and adult family homes. See RCW 64.38.055 thru 060. Under the law, the
governing documents may not prohibit the display of flags or political signs.
3) What can we do about unpermitted short-term rentals?
Answer: If you are concerned that a structure is rented for less than 30 days and that it is
unpermitted, please go to the county GIS. https://www.co.jefferson.wa.us/293/GIS. Once there,
depress Tax Parcel Viewer, and then search by address or parcel number. Short term rental
permits issued prior to December 6, 2022 are available online. If you cannot find a permit, please
e-mail DCD at: dcd@co.jefferson.wa.us. We respond faster by e-mail. You could alternatively
visit county offices at 621 Sheridan Street. If it is an illegal short-term rental, please fill out a
complaint form by going to: https://www.co.jefferson.wa.us/formcenter/dcd-11/complaint-form-
70. Please be aware that the county’s enforcement process places life-safety at the top of any
enforcement. Other complaints not creating a life-safety hazard are best addressed through
nuisance complaints. If this is the case, please contact the Sherriff Department’s dispatch at
1.360.344.9779 and you will be put in touch with a Sherriff’s Deputy.
4) How do I know if someone is renting out their home legally versus illegally?
Answer: Please follow the steps above in the answer to question number three. Jefferson County
is in the process of updating the county’s new permitting software on July 1, 2024 with a
customer service portal, which we envision shall enable you to go online to determine if a short-
term rental permit exists. Since this feature is not yet available, please follow the steps above or
visit county offices at 621 Sheridan Street.
5) We have a high level of non-compliance – what can be done?
Answer: It appears that there are approximately 75 permitted Short-Term Rentals (in structures),
and that nearly 500 STR were identified by one of the platforms, Granicus, which assists
governments develop regulations and enforce existing short term rental provisions. Several ways
to manage this include: (1) third-party contracts with a provider such as Granicus to conduct
enforcement on behalf of the county. A downside of this would be cost. Other enforcement
approaches include: (2) revising the county code to require platforms to post only those short-
term rentals with a valid permit which a participant said is comparable to Seattle’s approach, see
https://www.seattle.gov/business-regulations/short-term-rentals. This approach would also be
comparable to Washington State’s regulations that set forth five provisions governing short term
rental platforms, as more fully set forth in RCW 64.37.040 – short term rental platforms.
6) Could we consider a cap (maximum) for someone living in the housing?
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
Answer: Yes. Several ideas were presented as to how we could determine what would be a
reasonable cap including: (1) population size, (2) availability of water, (3) geography and
population; (5) someone also suggested a novel approach which requires those leasing short term
rentals also have a long-term rental available.
A brief discussion regarding recently adopted STR regulations elsewhere, namely the City of Port
Angeles highlighted their cap of 200 permits or 2% of housing units. They also define two types: Type 1
is for the owner’s or lessee’s principal residence and Type 2, is for others. In the PowerPoint
presentation, the CSO shared the San Juan and Chelan counties examples, among others.
7) What options exist for reducing corporate or investor interest in short term rentals?
Answer: Several ideas were proposed, including: (1) prohibiting short term rentals for the 1st
two years of ownership, (2) requiring a carbon-based life form, (3) requiring an annual permit
process.
Of the ideas presented, one ensures equitable access to STR permits such as requiring an annual
permitting process. This also would likely decrease the interest of corporate investors.
8) What about trailers and campers – are they going to be counted as short-term rentals?
Answer: Currently anything that is not in an approved structure, would need to obtain a
conditional use permit to establish a campground. There are some limited exceptions to this rule.
ATTACHMENT 2 – March 13, 2024 Meeting Notes
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
DATE: April 24, 2024 FROM: Brent A. Butler, Chief Strategy Officer
TO: Attendees of Short-Term Rental Workshop # 2 RE: March 13, 2024 meeting notes ------------------------------------------------------------------------------------------------------------------------------
At the March 13, 2024 workshop in the Tri-Area Community Center, the Chief Strategy Officer (CSO) summarized existing regulations as outlined in the attached PowerPoint presentation (see Attachment 1 – PowerPoint Presentation) and accepted community members’ comments, ideas and concerns. As part of this workshop, participants shared several examples to illustrate problems with rentals and asked
several questions. These examples and questions along with their respective answers appear below.
Using real life examples of practices, participants shared concerns as set forth below. Example 1 – A workshop participant shared the example of short-term rental(s) in a treehouse in
Canada. In this example, the owner dedicated half of the proceeds to some other entity that helped the
local community. Example 2 - A workshop participant shared his experience in the community with long term rentals, and helping 13 others obtain their first home. He prefers not to rent to any long-term renters due to problems.
However, he shared that he has had no problems with short term rentals. Rights of long-term renters was
identified as a problem; one of the highlighted problems occurred during the pandemic when renters who had failed to pay their rent couldn’t be evicted. Example 3 – A community member shared that the procedures of Cayucos California may be worth
investigating because they address the impacts on residential communities. In reviewing the regulations,
we see that in all residential land use categories, no residential vacation rental shall be located within a 100-foot radius and/or within 200 linear feet of a parcel on the same block on which is located any residential vacation rental or other type of visitor serving accommodation (i.e., Bed and Breakfast or Homestay) that is outside of the Commercial land use category. Distances are measured from the closest
property line of the existing residential vacation rental unit or other visitor serving accommodation to
the closest property line of the proposed residential vacation rental unit. Example 4 – A planning commissioner recommended reviewing Portland’s regulations. And, the CSO, reviewed both Portland Maine’s and Portland Oregon’s short term rental policies, as they are both
relevant to this discussion. First, Portland, Oregon regulations vary if you’re renting two bedrooms or
you’re renting to five or less guest it’s an allowed use in residential areas that requires (1) land use review, so you apply Type A permit, (2) pay a $180 application fee, (3) notify neighbors, (4) self-attest to proper entrance and exits, and (5) also attest that you have smoke and carbon monoxide detectors in place. Finally, (6) you have to renew the permit every couple of years.
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
If you have more than two bedrooms, the process requires (1) a Type B land-use review, (2) payment of the city fee of $7,700, (3) complete a traffic study, (4) supply architectural drawings, (5) explain how the use of this house is compatible with the area., and (6) the license doesn’t expire. See, https://www.portland.gov/bds/astr-permits/before-you-apply
Unlike jurisdictions in Washington, Portland, Maine is permitted to establish rent controls, and embedded its short-term rental provisions within their rent control ordinance. The ordinance states that short-term rentals are (1) subject to the same annual rent increase caps that long-term rentals are, (2) must submit information annually and follow other rules of the new ordinance. Exempt from the rules,
for both short-term and long-term rentals, are landlord-occupied buildings with fewer than five units.
Questions and Answers – 1) What happens if you are denied a short-term rental if there’s a cap? Is it a competition? Does it
go underground?
Answer: By cap, we assume you mean a limit on the number of short-term rentals (STR), and what happens if you apply after that is limit reached. There are several ways jurisdictions handle this which include: (1) one has to wait until the number of STR fall below the cap, (2) once the
cap is reached one has to wait until the next year if there’s an annual permitting process, (3) once
the cap is reached, and it falls below the number that number, a jurisdiction may offer a rental to the next name on the waitlist, if one is maintained by the local government. Let us know your ideas as to what may work best.
Regarding a competition – a cap creates a first come first serve approach, which isn’t actually a
competition as we are not comparing one rental against another. After enforcement issues are addressed, and depending upon the approach used, homeowners who illegally rent out their properties may face step fees, and penalties, assuming this is Planning
Commission’s recommendation that’s accepted by the Board of County Commissioners.
2) Someone stated that the cap should be based on density. Answer/Discussion: A community member suggested that the STR should be based on the
density of short-term rentals within the local community. This is similar to how the State of
California approves alcohol permits by determining the density of existing permits under their public necessity and convenience provisions. In this instance, when California’s Alcoholic Beverage Control Board (ABC) finds that there is an oversaturation of alcohol beverage outlets in a particular census tract, state law prohibits ABC from issuing or transferring alcohol licenses.
Comparable regulations could be adopted. If the density of short-term rentals is below a certain
threshold in a specific area such as a census tract, then the local government may issue a permit. The converse would be the no STR permit would be issued if the existing number already exceeds a certain threshold.
3) Someone commented that Airbnb increases housing values. Is this true?
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
Answer: A survey of peer reviewed literature appears below. The CSO could not find any studies to support the finding that housing values or rents decline in markets with unregulated short term rentals such as Arbnb. Granicus, however, states that there is a positive economic
impact insofar through increased tax revenue, guests spending money in other visitor related
amenities such as restaurants, bars and museums. See, https://granicus.com/blog/six-ways-that-short-term-vacation-rentals-are-impacting-communities/. This summary also finds that short term rentals leads to less long-term rentals available, neighborhood changes, increased tourism activity, unfair playing field for traditional lodging partners, and lost tax revenue.
In one study, entitled Evidence from Airbnb, the authors found that “Airbnb has a positive impact on house prices and rents. This effect is stronger in zip codes with a lower share of owner-occupiers, consistent with non-owner-occupiers being more likely to reallocate their homes from the long- to the short-term rental market. At the median owner-occupancy rate zipcode, we find
that a 1% increase in Airbnb listings leads to a 0.018% increase in rents and a 0.026% increase in
house prices. Finally, we formally test whether the Airbnb effect is due to the reallocation of the housing supply. Consistent with this hypothesis, we find that, while the total supply of housing is not affected by the entry of Airbnb, Airbnb listings increase the supply of short-term rental units and decrease the supply of long-term rental units.” See,
https://marketing.wharton.upenn.edu/wp-content/uploads/2019/08/09.05.2019-Proserpio-Davide-
Paper.pdf Another study entitled The Impact of Airbnb on residential property values and rents: Evidence from Portugal finds that “on average a 1pp increase in a municipality Airbnb share results in a
3.7% increase in house prices. “ See,
https://www.sciencedirect.com/science/article/abs/pii/S0166046221000272 And finally, the Economic Policy Institute, a nonpartisan policymaking organization completed a study entitled, The economic costs and benefits of Airbnb. This study concludes in its summary
that “s that the costs of Airbnb expansion to renters and local jurisdictions likely exceed the
benefits to travelers and property owners. Thus there is no reason policymakers should reverse long-standing regulatory decisions simply to accommodate the rise of a single company.” See, https://files.epi.org/pdf/157766.pdf
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
4) Weigh economic benefit versus impacts. How much is coming in by VERBO or Airbnb? Answer/Discussion: The commenter also stated that for every person who doesn’t live here, there
are impacts on the local economy and that caps may or may not work. While we can neither
share information on specific businesses such as VERBO or Airbnb beyond what is publicly available nor whether a business reported the amount of their sales or sales tax pursuant to RCW
82.32.330, the Office of the Treasurer reports information on Special Hotel-Motel Sales Tax. See insert below and on the next page.
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
By looking at the Special Hotel/Motel & Transient Rental Sales Tax -Fund 125, and the local distribution of the income received, we budgeted nearly $735,000 to be generated in 2024. All of this revenue goes to Fund 125 and is used to promote tourism in Jefferson County and overnight lodging. Overnight lodging also pays sales tax that funds basic county services, including
affordable housing and mental health programs. The impact of short-term rentals in private
residences other than hotels and motels on the local economy is hard to determine without extensive research or partnering with a third party. By looking specifically at supply and demand, we realize that short term rentals increase supply of short-term housing for tourists, and therefore reduces the demand for hotel and motel units. According to the Oxford Economics
Analysis, https://www.ahla.com/sites/default/files/SOTI_report_Oxford_Data_Occupancy.pdf,
Washington State had a projected 2023 local occupancy rate of 66.3% which appears to be one of the top seven occupancy rates after Hawaii (78.7%), Alaska (71.2%), Florida (70.5), District of Columbia (68.7%), Arizona (67.9%), and New York (67.5%). According to Hotel Tech, this suggests that while the hotel occupancy rate is good, it’s not ideal. Ideal is 70% and 95%. See,
https://hoteltechreport.com/news/occupancy-rate.
This suggests that the short term rentals in private residences may negatively impact local hotel and motel revenue but not sufficiently to reduce interest in new hotel construction, see https://www.ptleader.com/stories/new-hotel-proposed-for-downtown-port-townsend,126339.
Nonetheless, a shortage of hotel, motel and other accommodations was identified as a reason that
THING didn’t return for a fourth year. (see, https://www.ptleader.com/stories/thing-fest-leaves-pt,148934). In conclusion, a firm understanding of the impact on the local economy of regulating short term rentals in private business will be unanswered without more extensive analysis.
5) Is a Campsite limited to five acres?
Answer: Based on the Jefferson County Code, campsites must be on a minimum of five acres. This finding is pursuant to JCC 18.20.350 Small-scale recreation and tourist uses subsection (6) which states: (a)The use of any parcel for an RV/campground park and any modifications to an existing
RV/campground park shall comply with the following standards and requirements: (i) The minimum
parcel area for an RV/trailer park or commercial campground shall be five acres. The maximum area of any parcel devoted to the principal RV/travel trailer or commercial campground use shall not exceed 20 acres.
6) Is it possible to limit certain activities, e.g., fireworks, parties, etc.
Answer: Yes. Many communities include conditions in the permit approval such as Jefferson County’s permit, which requires annual fire inspections similar to other commercial lodgings
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
7) Could we reduce impacts by allowing unlimited short-term rentals in commercial zones, and restricting them elsewhere?
Answer: Yes. This would be a classic function of zoning. The zoning table could be redesigned to
limit short term rentals in certain zones.
8) Is there a point in having regulations if they are not enforced? This shouldn’t be retroactive. Answer: Yes. The county’s enforcement ability is dependent upon resources, and other factors. For
example, we learned as part of this review process that local governments could amend their short-
term regulations by adopting a new ordinance to require platforms to self-enforce short term rentals, meaning advertising on a platform would be prohibited without a permit number. The CSO assumes that the commenter means that the enforcement should not be retroactive.
Generally speaking, enforcement retroactively is difficult if not impossible as the county’s voluntary
compliance process is designed to offer community members an opportunity to correct the violation before penalizing. This is typically done by notifying the party who is in violation of the concern, and giving them a specific time to correct this violation. If not corrected, penalties could be imposed.
ATTACHMENT 3 - Moratorium – Short Term Rentals
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3
For information, contact BOCC Chair Kate Dean: kdean@co.jefferson.wa.us; 360-301-1750
On April 8, 2024, Jefferson County enacted a moratorium for one year to pause land use applications
for short-term rentals. The moratorium applies only to permit applications for Department of
Community Development (DCD) approval of hospitality establishments per section 18.20.210 of the
Jefferson County Code (JCC), and specifically for subsection (3), transient residences or transient
guest houses (accessory dwelling units) proposed for short-term accommodations, defined as fewer
than 30 days.
The purpose of the moratorium is to evaluate whether to change existing regulations. The pause is
to enable completion of a public planning process to consider amendments to the development
regulations that govern short-term rentals. Kate Dean, Chair of the Board of County Commissioners
(BOCC), commented that, “We continue to be concerned about the availability of affordable housing
in Jefferson County. That is why the Commissioners declared a housing emergency in 2017 when
for-rent vacancy was one percent or less. Additionally, the University of Washington College of Built
Environment currently ranks Jefferson County as the second-least affordable County in Washington
based on median home prices compared to wages.”
Information suggests that there may be over 400 short-term rentals in unincorporated Jefferson
County operating without the required land use permits. This moratorium will allow adoption of
new regulations, if any, before processing a substantial set of short-term rental applications under
current rules. One concern is that without adequate land use regulation of short-term rentals, there
may be life and safety concerns or impacts to neighbors.
The moratorium ordinance requires County staff to complete a workplan in which DCD will lead a
public process to assess and prepare a draft ordinance with possible recommended revisions to the
development code. There will be opportunity for public participation during the review process
before the Planning Commission and the Board of County Commissioners. “The ordinance gives staff
a year to complete this process, but we’re aiming to get a proposal on the table for consideration
and action sooner than that,” said Community Development Director Josh Peters.
Chief Strategy Officer Brent Butler will present to the Jefferson County Planning Commission on May
1, 2024 to review comments received about short-term rentals during a series of three public
meetings in March in each of the county’s commissioner districts. The Planning Commission agenda
will include a set of preliminary options for potential code amendments. Planning Commission
meeting information may be found at this webpage: www.co.jefferson.wa.us/580/Planning-
Commission.
While the planning process continues, unpermitted vacation rentals will continue to be considered
low priority for code compliance, unless there are life-safety concerns or other code violations on
the property that warrant code compliance action. Additionally, public nuisance complaints to the
Jefferson County Sheriff’s Office will be managed in the same way during the moratorium as before.
2
According to DCD Director Peters, following adopting of any new rules, there will be a grace period
for operators of vacation rental businesses to apply for hospitality establishment permits before
initiation of an enforcement program.
The moratorium ordinance can be found on the county’s homepage: www.co.jefferson.wa.us.
A public hearing will be held within 60 days of passage of the moratorium ordinance to allow for
public testimony, as required by state law.
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/260/Community-Development
Page 1 of 4
Department of Community Development’s Review and Recommendation
for the 2024 Comprehensive Plan Amendment Cycle Final Docket
TO: Jefferson County Board of Commissioners, County Administrator, Planning Commission, and
Interested Parties
FROM: Department of Community Development
DATE: April 25, 2024
Preliminary Docket Review Process
Chapter 18.45 of the Jefferson County Code (JCC) specifies a process of developing, evaluating, and establishing
an annual docket of proposed amendments to the Comprehensive Plan and Unified Development Code (UDC).
The Jefferson County Department of Community Development (DCD) annually accepts applications for formal
site-specific Comprehensive Plan amendments (i.e., re-zones) and suggested text amendments to the Jefferson
County Comprehensive Plan and UDC for inclusion in the annual Comprehensive Plan amendment preliminary
docket. In addition, DCD submits staff-suggested amendments for potential inclusion on the final docket.
This report evaluates the 2024 preliminary docket and provides DCD’s recommendations to the Board of County
Commissioners (BoCC), which establishes the contents of the final docket. This evaluation addresses the need,
urgency, and appropriateness of each suggested amendment, as well as consideration of DCD staff capacity and
costs to review the suggested amendments and manage the public process.
For the 2024 annual amendment cycle, DCD received no site-specific amendment proposals as of March 1, 2024.
The preliminary docket is exclusively suggested text amendments. (DCD previously provided the Planning
Commission a Comprehensive Plan and UDC Text Amendment Preliminary Docket report dated March 15, 2024.)
Regarding the 2024 suggested text amendments, DCD is coordinating concurrent processes for: 1) the 2024
Comprehensive Plan and UDC Annual Amendment Cycle, and 2) the 2025 Periodic Update per the state Growth
Management Act (GMA). The manner of this coordination promotes those suggested amendments that have a
time-sensitive component to be addressed during the 2024 annual amendment cycle, and will incorporate
available information being developed concurrently from the 2025 periodic update work.
Planning Commission Review of Preliminary Docket
DCD’s review and recommendations are presented to the PC for their review of the preliminary docket. After a
public hearing, the PC makes a recommendation to the BoCC on which proposed amendments should be
included in the final docket. If the BoCC decides to change the PC’s recommendation by adding, deleting, or
modifying proposed docket items, they are required to hold a separate public hearing prior to the adoption of
the final docket. Once the final docket is adopted by the BoCC, DCD staff processes the proposed amendments
consistent with the timeline below.
Page 2 of 4
2024 Amendment Schedule
Figure 1 - Process and Proposed Timeline for Establishing and Processing the Docket
Date Activity
March 1, 2024 Deadline for submittal of proposed Comp Plan and UDC text Amendments for the
preliminary docket per JCC 18.45.040(2)(a).
March 15, 2024 Staff prepared a formal Preliminary Docket of proposed amendments (attached) per JCC
18.45.050.
April 17, 2024 Staff presented the Preliminary Docket to the Planning Commission and briefed them on
the annual Comp Plan cycle and the docket process.
May 1, 2024 The Planning Commission holds a public hearing on the Preliminary Docket and crafts a
recommendation to the BoCC on contents of the final docket.
May 13 (or 20),
2024
Staff presents the Preliminary Docket and Planning Commission Recommendation to the
BoCC.
June 2024 BoCC adopts a Final Docket should they accept the PC’s recommendation, or after they
hold a public hearing should they choose to vary from the PC recommendation.
July-Sept, 2024 Staff analyzes docket and produces a report with a recommendation on approval, denial,
or approval with conditions or modifications for each proposed amendment.
October 2024 Planning Commission reviews Staff Report and Recommendation, holds public hearing,
and makes recommendation to BoCC on approval of Final Docket.
Oct-Nov, 2024 BoCC reviews Amendments, Staff, and Planning Commission recommendations. Holds
public hearing if changing Planning Commission recommendation. Staff drafts adopting
ordinance in collaboration with the Prosecuting Attorney’s Office (PAO).
December 9, 2024 BoCC shall take final legislative action on 2024 Docket by second regular board meeting
in December, unless extended by the BoCC consistent with WAC 365-196-640(3)(a).
Schedule pursuant to Chapter 18.45 JCC
2024 Proposed CP & UDC Text Amendments
1. 2024 Port Hadlock/Irondale UGA Comprehensive Plan (CP) & UDC Amendments, and Potential 2024
UGA Amendments Continuing through 2025 Periodic Update, Including Middle Housing Amendments
Project Description: Amendments to the Port Hadlock Urban Growth Area development regulations (Ch. 18.18)
are proposed to address changing conditions resulting from the initiation of a sanitary sewer system, as well as
responding to legislative amendments to the state Growth Management Act (GMA). Future public outreach and
contracted work on middle housing amendments will result in specific proposed text amendments to CP & UDC.
The 2024 proposal is anticipated to include unit lot subdivision standards applicable to different housing
typologies, amended Chapter 18.30 performance standards applicable to the Port Hadlock UGA consistent with
‘best practices’ for smart growth, flexible densities responsive to a project’s delivery of community benefits, and
the establishment of a new mixed-use zoning district (or modification of uses allowed within existing
Commercial district). The subdivision provisions would apply to the division of land for single-family attached
dwelling developments or may be used as an alternative to a conventional subdivision or short subdivision for
the development of single-family detached dwellings. The proposal also addresses the application of automatic
fire-extinguishing systems in Title 15 of the JCC (i.e., Building Codes and Fire Zones).
Staff Analysis:
a) Need: Develop provisions in UDC that will enhance urban development in the Port Hadlock UGA.
Page 3 of 4
b) Urgency: Enable affordable housing developers (e.g., Habitat for Humanity, Bayside Housing Services,
Peninsula Housing Authority, Shelter Resources, Tribes, Olympic Housing Trust, and Olympic Community
Action Partnerships) to develop housing projects as sewer service becomes available.
c) Appropriateness: Housing is a critical issue in Jefferson County. Urban zoning within initial sewer service
area in Port Hadlock UGA anticipated to come into effect mid-2025.
d) DCD staff capacity to substantively review and manage the suggested text amendments: Sufficient.
e) Anticipated DCD cost and budget for processing the suggested amendments: This scope of work will be
covered by the General Fund, the Department of Commerce Middle Housing Grant, and other grant
resources, as available.
2. 2024 UGA CP & UDC Amendments to Modify the Port Townsend UGA Boundary by Removing
Farmland following De-annexation and Adding the Caswell-Brown Village (Housing Facility) and
Adjacent Public Properties (i.e., “UGA Swap”)
Project Description: Investigate the applicability and implementation of recent state legislative amendments to
GMA governing the process of land swaps between rural lands and urban growth areas. Amendment proposals
include Zoning Text Amendments, Comprehensive Plan Amendments, Zoning Map Amendments.
Staff Analysis:
a) Need: Use new state legislation that allows a net-zero “swap” involving land that is not suitable for urban
development for land appropriate for urban development or services.
b) Urgency: Time-sensitive state grant provisions for Caswell-Brown Village infrastructure that sunset in 2024.
c) Appropriateness: Wastewater systems (sewers) provide a better option than septic systems for increased
service capacity. The Caswell-Brown Village site currently houses those in Jefferson County facing housing
insecurity and its expansion is constrained by land needed for a large onsite septic system.
d) DCD staff capacity: Sufficient, in collaboration with City of Port Townsend staff.
e) Anticipated DCD cost and budget for processing the suggested amendments: DCD anticipates that this
project analysis will require approximately $10,000 equivalent hours in staff time out of the General Fund.
3. Planning Commission UDC Rural Housing Amendments Carried Forward from 2023 Cycle
Project Description: Develop new rural housing code to add development regulations specific to congregate
housing and farmworker housing. Create a rural housing overlay applying alternative development standards for
sites that can accommodate multiple small homes or a congregate housing structure in a single-family
residential zone, and that can demonstrate lower impacts through meeting new performance standards.
Staff Analysis:
a) Need: Provide alternative rural residential development.
b) Urgency: The climate for developing housing alternatives is present at state and local levels.
c) Appropriateness: Work has already begun in 2023 is carried into 2024.
d) DCD staff capacity and Cost: The scope of work is included in the Department of Commerce Planning Update
Grant.
4. 2024 UDC Annual Housekeeping Amendment Docket
Project Description: Annual Housekeeping Docket of Proposed UDC amendments to reconcile with state
legislative amendments, correct scrivener errors, or provide consistency updates not addressed by other
suggested amendments.
Page 4 of 4
Staff Analysis:
a) Need: It is beneficial to keep UDC up to date and readable for better code administration.
b) Urgency: This proposal is not urgent considering other work occurring.
c) Appropriateness: It would be appropriate to defer a UDC housekeeping amendment.
d) DCD staff capacity and Cost: DCD recommends this proposal not be carried forward in 2024.
5. Review of Land Use and Zoning in the Jefferson County Airport Essential Public Facility (AEPF),
Particularly Airport Overlay III, Jefferson County International Airport (JCIA): Port of Port Townsend
Staff Analysis:
a) Need: The Port, Economic Development Council (EDC Team Jefferson), and County have all reported an
increase in demand or need for industrially zoned land in Jefferson County.
b) Urgency: Timing is appropriate to accommodate existing business growth and new job creation potential.
Allowing additional zoning on port-owned property, adjacent to JCIA, offers the community a path to
maintaining good-paying job growth that is needed in Jefferson County. The Port of Port Townsend stresses
that this process can’t wait until the 2024 Periodic Update is completed.
c) Appropriateness: The Port owns 303 acres at JCIA, but only 22 acres are included within the county’s JCIA-III
overlay, which allows for low impact, airport compatible, industrial uses. Additional areas within and
adjacent to the current AEPF District will be considered for inclusion with Airport Overlay III.
d) DCD staff capacity and anticipated DCD cost: DCD has agreed to assign this project to an on-call consultant.
The Port of Port Townsend has agreed to reimburse DCD for associated costs.
Department of Community Development Final Docket Recommendation
From the review of the preliminary docket, DCD recommends that the applications go forward to the final
docket except for proposal #4, 2024 UDC Annual Housekeeping Amendment Docket, which is currently a lower
priority. Urgent UDC amendments will be addressed in the other 2024 proposals, and other UDC work continues
as part of the 2025 Periodic Update process.
Recommendation Summary
Proposal Recommendation
1. Port Hadlock UGA CP & UDC amendments Final Docket
2. Port Townsend UGA “Swap”: modification of boundary to include
Caswell-Brown Village in exchange for farmland currently within city
Final Docket
3. Planning Commission Rural Housing Overlays Final Docket
4. UDC Housekeeping Amendments Do not place on Final Docket
5. Review of AEPF/Airport Overlay III, Jefferson Co. International Airport Final Docket
JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: PlanComm@co.jefferson.wa.us
www.co.jefferson.wa.us/580/Planning-Commission
1
TO: Jefferson County Board of Commissioners
FROM: Jefferson County Planning Commission
DATE: May 1, 2024
SUBJECT: Jefferson County Planning Commission’s Report and Recommendation for the
2024 Comprehensive Plan Amendment Final Docket
The Jefferson County Planning Commission (PC) has conducted its review of the 2024 Preliminary Docket and
submits this report and recommendations to the Jefferson County Board of Commissioners (BoCC). This report
identifies those suggested text amendments the Planning Commission is recommending for consideration by the
BoCC during the 2024 annual amendment process.
On March 20, 2024, the PC received the Department of Community Development’s (DCD) report on the 2024
amendment proposals received. There were no site-specific amendment proposals.
On April 17, 2024, the PC reviewed the proposals on the preliminary docket with DCD, including a new proposal
by the Port of Port Townsend regarding expansion of Airport Overlay III.
On May 1, 2024 the PC held a duly noticed public hearing to accept testimony regarding the suggested text
amendments on the Preliminary Docket. [No written comments] [Written comments] were received from the
public prior to, and no verbal testimony was taken during the public hearing.
We submit to you the following recommendations regarding which suggested text amendments should be
placed on the Final Docket:
2024 Suggested Text Amendments for Final Docket
We have based our recommendation on need, urgency, and appropriateness of each suggested text
amendment. Through a motion and affirmative vote with [number] in favor and [number] opposed, and zero (0)
abstaining, the PC at the regularly scheduled meeting of May 1, 2024, recommends the following suggested
amendments be placement on the 2024 Final Docket:
Proposal Findings of Need, Urgency & Appropriateness Recommendation
1. 2024 Port Hadlock/Irondale
UGA Comprehensive Plan (CP)
& UDC Amendments, and
Potential 2024 UGA
Amendments Continuing
through 2025 Periodic
With implementation of the sanitary sewer in
Port Hadlock UGA, updated UGA regulations
are urgently needed for the development of
affordable housing.
Final Docket
Jefferson County Planning Commission Recommendations on Final Docket
2024 Comprehensive Plan & Unified Development Code Annual Amendment Cycle
2
Update, Including Middle
Housing Amendments
2. 2024 UGA CP & UDC
Amendments to Modify the
Port Townsend UGA
Boundary by Removing
Farmland following De-
annexation and Adding the
Caswell-Brown Village
(Housing Facility) and
Adjacent Public Properties
(i.e., “UGA Swap”)
Investigating the possibility of swapping rural
land with Port Townsend UGA, and thereby
enabling urban infrastructure to Caswell
Brown Village, is critically important to provide
supportive housing.
Final Docket
3. Planning Commission UDC
Rural Housing Amendments
Carried Forward from 2023
Cycle
New development regulations enabling
congregate housing and alternative
development standards in single-family
residential zones is urgently needed as one
solution to limited affordable housing supply.
Final Docket
4. 2024 UDC Annual
Housekeeping Amendment
Docket
We concur with Community Development that
a UDC housekeeping proposal is not critical to
the 2024 docket.
Do Not Docket
5. Review of Land Use and
Zoning in the Jefferson
County Airport Essential
Public Facility (AEPF),
Particularly Airport Overlay III,
Jefferson County
International Airport (JCIA):
Port of Port Townsend
Timing is appropriate to accommodate existing
business growth and new job creation
potential. Allowing additional zoning on port-
owned property, adjacent to JCIA, offers the
community a path to maintaining good-paying
job growth that is needed in Jefferson County.
Final Docket
Thank you for your consideration.
___________________________________ ________________
Richard Hull, Chair Date
1
JEFFERSON COUNTY
PLANNING COMMISSION
Staff Report
TO: Honorable Chair and Members of the Planning Commission
FROM: Brent A. Butler, AICP, Chief Strategy Officer
DATE: May 1, 2024
RE: Grant Awards for Pre-approved (Stock) Plans & Commercial Property
Assessed Clean Energy and Resiliency (C-PACER) Program
STATEMENT OF ISSUE:
On April 22, 2024, Jefferson County received notice of two grant awards in response to the
Department of Commerce’s call for applications under the Energy Efficiency & Conservation
Block Grant (EECBG) which provides capacity-building planning grants for local
governments (see Attachment 1 – Grant Award Notice). On April 1, 2024, the Chief Strategy
Officer (CSO) submitted grant applications requesting $160,000 and $110,000 to advance two
county projects currently underway including (1) the Preapproved (Stock) Plans program and
the Commercial Property Assessed Clean Energy and Resiliency (C-PACER) program
respectively.
The purpose of this staff report is to identify next steps to fund engineering of the selected
stock plans should there be insufficient funding for all of the plans to be engineered through
the recently received grant award.
BACKGROUND:
Given the small size of the Jefferson County community and the concern that architects or
designers would have little incentive to submit plans engineered in accordance with the new
building codes without payment for their services, the CSO submitted a grant application after
briefing the Board of County Commissioners (“BoCC” or “Board”) in March. The Board
recommended that the CSO seek appropriate funding to obtain the detailed engineering that
typically goes along with submitted floor plans, if eligible. At the Board briefing, the CSO
was accompanied by the Chair of the Climate Action Committee (CAC), Kees Kloff, MD,
because a second grant was sought on the CAC’s behalf to advance the C-PACER program
through commercial energy audits.
As recommended by the Joint City/County Stock Plan Committee (“SPC”) on December 13,
2023, the Board approved funding for eight plans vetted by the SPC. This step followed
closely on the heels of the SPC’s unanimous December 13 vote to advance eight plans from
2
the 34 plans received after this year’s public solicitation for plans. After considering comments
at a publicly noticed meeting (see Attachment 1 – October 9, 2023 minutes), a lunch and learn
scheduled in the Council Chambers (see Attachment 2 – November 8, 2023 Lunch and Learn
Notes), and survey/questionnaire resulting in nearly 50 responses, the SPC completed their
assigned task by identifying eight plans for submission to the BoCC for funding.
The SPC consisted of two Jefferson County Planning Commissioners, and two City of Port
Townsend Planning Commissioners who were nominated by the Port Townsend City Council.
They unanimously selected eight plans for funding after extensive public outreach that
included publicly noticed community meetings, newspaper articles, website promotion, and a
questionnaire followed by a separate survey, which had 42 responses.
ANALYSIS:
Stock plans are used as an innovative tool to reduce permitting timelines, cost, and
noncompliance with local state and federal regulations. They can be used for a primary house,
accessory dwelling unit, or multifamily structure. Currently many jurisdictions throughout
western Washington authorize stock plans. Some of these municipalities limit stock plans to
accessory dwellings while others allow them for other housing types. Currently, the cities of
Port Angeles (see, https://cityofpa.us/1306/Permit-Ready-Plans), Olympia, Lacey, Tumwater,
Renton, Kent (see, https://www.thurstoncountywa.gov/departments/community-planning-and-
economic-development/community-planning/comprehensive-plan-home/lacey-olympia-
tumwater-joint-plans) and Seattle, among others, have approved stock plan programs. The
three cost categories include 1) plan set, 2) plan engineering, and 3) hourly support.
While site-specific land use review is still required as some areas may have critical areas or
other development constraints unique to the site, the availability of stock plans will provide
many benefits, including:
• Expedite delivery of housing by eliminating the need for review and approval of the
initial plan set
• Architect is available to assist the homeowners/builder for an hourly rate
• Reduced design costs
• Designs may be more appealing and offer cost competitive options to manufactured
structures
• Pre-packaged designs are guaranteed to meet local and state building codes
• Applicant saves on the jurisdiction’s Plan Review fees since the structural plans are
already approved
• Reduced design costs. New structural single family designs average 8-12% of the total
valuation of the construction cost. At an average of $300/sq ft of building cost for
average grade construction, project valuations for these designs range from $86,400-
$450,000. Typical design costs on a per project basis would therefore range between
$8,600 and $45,000. However, this program enables the designer to skip several steps
and lower costs on their designs similar to cheaper pre-designed plans available on the
internet. Multifamily designs are typically more expensive; therefore, reduced plan
costs may encourage more infill development within the Tri-Area where sewer is
planned.
3
The eight recommended plans are listed in alphabetical order. Each plan recommended by the
BoCC appears on a separate page
Artisan Group – Flexible (600 square feet) / Plan Review $667.55 / Inspection: $1,027
Notable Characteristics: (1) American with Disabilities Act (ADA) accessible, (2) Energy
Efficient Design
4
The Blackberry Plan – 432 Square Feet / Plan Check $503.75 / Inspection $775
Notable Characteristics: (1) Prescriptive Engineering; (2) Roof Design Variation Available to
reduce cost (Hip, Gable or Shed Roof), 2’ increments for ease of construction/decreased waste
5
Cabo – 544 Square Feet / Plan Review $614.90 / Inspection $946
Notable Characteristics: (1) Includes a Loft Version with an additional 200 square feet (2)
Variations include front or side porches
6
Care Pod – 448 square feet / Plan Review $ 521.30 / Inspections $802
Notable Characteristics: (1) Equipped for persons with disabilities, e.g., lift and mobilization
track, and other interior monitoring systems
7
Freedom – 320 Square Feet (net)/ Plan Review $398.45 / Inspection $613
Notable Characteristics: (1) American with Disabilities (ADA) Accessible, (2) Veterans
Administration Approved, (3) Ceiling and Lift Stations available
8
Hilltop – 828 to 1015 Square Feet / For the two-bedroom option – Plan Review $981.50/
Inspection $1,510.
Notable Characteristics: (1) Two Bedrooms
9
Tomato – 1,008 Square Feet / Plan Review $976.75/ Inspection $1,503
Notable Characteristics: (1) Two Bedrooms, (2) Universal Design, (3) Utility Room
10
Urban Cottage – 288 Square Feet / Plan Review $363.35 / Inspection $559
Notable Characteristics: (1) Accessible, (2) Lot Cost, (3) Best Bath ADA Compliant, (4)
Insulated Roof Panels – ready cut, easy to assemble kit of parts
11
FISCAL IMPACT
Completion of the next steps are fully funded by this grant, as it includes the recovery of staff
costs not to exceed 10% of the professional engineering services.
RECOMMENDATION:
After hearing the presentation consider the best approach to prioritize plans for review.
ATTACHMENT 1 – Grant Award Notice
12
ATTACHMENT 1 – GRANT AWARD NOTICE
Sent: Monday, April 22, 2024 4:17 PM
To: Brent Butler <BButler@co.jefferson.wa.us>
Cc: mmccaulley@co.jefferson.wa.us; Amanda M. Christofferson
<AMChristofferson@co.jefferson.wa.us>; Chelsea Pronovost
<CPronovost@co.jefferson.wa.us>
Subject: Commerce grant award - EECBG
Dear Brent Butler,
Congratulations! Jefferson County has been selected for two awards from the Energy
Efficiency and Conservation Block Grant program.
Cornerstone Commercial Audits Serving the Rural Economy/CPACER - $110,000.00
DIY Residential Plans Engineered for Energy Efficiency/Stock Plans - $165,000.00
These awards are contingent upon no successful protests of the award decisions. Award letters
officially confirming the awards are scheduled to go out the third week of May. After that and
as soon as contract negotiations are completed, the grant contract can be signed and projects
begin.
Next Steps:
• I would like to set a 30-minute introduction meeting with you on May 1, 2, or 3. It
should include the Project Manager and any additional staff that will be involved, for
example on the grant accounting. Will you please reply with some windows of times
available on those dates?
• We will send an award letter through DocuSign to Mark McCaulley for signature and
Amanda Christofferson, Chelsea Pronovost, and Brent Butler will receive a copy.
Contact us if we should send this letter elsewhere.
• Sign the award letter by June 1, 2024. If you will be unable to return the letter by this
date, please contact us now to discuss.
I will be your contract manager. Please do not hesitate to email our team at
energyretrofits@commerce.wa.gov or call me at (360) 515-8112, if you have questions or
need assistance.
We look forward to working with you to complete your EECBG project!
Kristen Kalbrener
Kristen Kalbrener (she/her) | PROGRAM MANAGER
Energy Retrofits for Public Buildings
Washington State Department of Commerce
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: April 15,2024
SUBJECT: Approval of a Public Hearing Notice: An Ordinance Adopting Rules for the
Adoption of Ordinances,Resolutions and Motions in Jefferson County
STATEMENT OF ISSUE:
The Board of County Commissioners held a workshop on March 18, 2024 to discuss a proposed
ordinance. A hearing notice was published by regarding the proposed ordinance and a hearing was
held on April 8, 2024. Because of flaws in the initial hearing notice, a new hearing notice should be
issued by the Board. If the Board approves the publication of the new hearing notice the continued
hearing will take place on Monday, May 6,2024 at 11:00 am in the Board Chambers in the County
Courthouse.
ANALYSIS:
The proposed ordinance, if adopted, would establish rules for county staff governing the adoption of
ordinances,resolutions and motions. This would help improve consistency, efficiency and
transparency of Jefferson County's government.
FISCAL IMPACT:
This request has no identifiable fiscal impact although efficiency would be improved through the use of a
common set ofrules.
RECOMMENDATION:
Approve the attached hearing notice for publication.
REVIEWED BY:
l Z
Mark McCau ,County Administrator Date
Please publish 1 times: April 17, 2024
Contact Person: Adiel McKnight
Bill to: Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
Adopting Rules for the Adoption of Ordinances, Resolutions, and Motions in Jefferson County
NOTICE IS HEREBY GIVEN that a public hearing has been continued by the Jefferson County
Board of Commissioners for MONDAY.May 6. 2024 at 11:00 a.m. in the Commissioners'
Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Notice of said
continued public hearing is to be published in the official newspaper ofJefferson County.
This continued hearing is to discuss the revised proposed ordinance adopting rules for the adoption
of ordinances, resolutions and motions. Said rules are designed to improve the consistency,
efficiency and transparency of Jefferson County's government and have been revised since the
public hearing held on April 8, 2024.
The revised draft ordinance is available for viewing on the County website by clicking on:
www.co.iefferson.wa.us—Services—Laserfiche Web Portal(username and password is: public)—Board of
Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items—05 May 2024—050624—
Hearing/Testimony re: Adoption of Rules for Ordinances and Resolutions
You are welcome to participate in this hearing. You will need to join the meeting by 11:00 a.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to "raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON: In the BOCC
Chambers.
If you experience difficulties joining the meeting or viewing documents please call 360-385-9100 to
report any issues.
In addition, additional written testimony is also invited beginning on April 15,2024 and ending on May
6,2024 at the end of the Public Hearing,unless extended by the Board ofCounty Commissioners.
Written public testimony may be submitted by Email to:jeffbocc(dco jefferson.wa.us You may view
testimony received by clicking here: www.co.*efferson.wa.us—Services—Laserfiche Web Portal(username
and password is: public—Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items—
05 May 2024—050624—Hearing/Testimony re: Adoption of Rules for Ordinances and Resolutions
You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
Signed this 15u' day of April, 2024.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
S/Kate Dean, Chair