HomeMy WebLinkAboutHEARING NOTICE re UDC to implement SB5290 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Josh D.Peters,AICP,Community Development Director
Chelsea Pronovost,DCD Administrative Services Manager
DATE: November 25,2024
SUBJECT: HEARING NOTICE APPROVAL re: Ordinance to Amend Development Code for
Implementation of Senate Bill 5290
STATEMENT OF ISSUE:
Department of Community Development(DCD) requests approval of a hearing notice to be published
December 4 and 11,2024 in anticipation of a public hearing on December 16, 2024, at 11:00 AM for
consideration of adoption of an ordinance to enact development code amendments needed to implement
Senate Bill (SB) 5290.
ANALYSIS:
The Washington State Legislature passed Senate Bill (SB) 5290,concerning consolidating local permit
review processes,during the 2023 legislative session. The governor signed the bill into law on May 8, 2023,
modifying parts of RCW 36.70BLocal Project Review, effective July 23, 2023 (Chapter 338,Laws of
2023).New permit time period requirements go into effect on January 1, 2025.
DCD staff have been working to ensure that Jefferson County complies with the provisions of SB 5290, and
now proposes adoption of an ordinance that amends the Unified Development Code (UDC, Title 18 of the
Jefferson County Code)by adjusting permit review procedures in JCC 18.40. The Prosecuting Attorney's
Office approved the proposed ordinance as-to-form. Adopting these code amendments via ordinance
requires a public hearing before the Board. Because the changes are procedural in nature only,there is no
corresponding Planning Commission recommendation to consider,pursuant to the Type V process exception
at JCC 18.40.040, Table 8-2, note 1.
FISCAL IMPACT:
There are standard fees for publishing legal notice two times in the local weekly newspaper.
RECOMMENDATION:
Approve hearing notice.
REVIEW BY:
G�
Mark McCauley, C#nty Administrator Date
1
Please publish 2 times: December 4 and December 11, 2024
Contact Person: Chelsea Pronovost
Bill to: Community Development
621 Sheridan St
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
Amendments to Jefferson County Code Chapter 18.40 Permit Application and Review Procedures
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for MONDAY,December 16, 2024 at 11:00 a.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said
hearing is to be published in the official newspaper of Jefferson County.
The Washington State Legislature passed Senate Bill (SB) 5290, concerning consolidating local
permit review processes, during the 2023 legislative session. The governor signed the bill into law
on May 8, 2023, modifying parts of RCW 36.70B Local Project Review, effective July 23, 2023
(Chapter 338, Laws of 2023). New permit time period requirements go into effect on January 1,
2025. Jefferson County proposes adoption of an ordinance that amends the Unified Development
Code (UDC, Title 18 of the Jefferson County Code)by adjusting permit review procedures in JCC
18.40.
The information is available for viewing on the County website by visiting: www.co.jefferson.wa.us
and follow this pathway—Services—Laserfiche Web Portal (username and password is: public) -
Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items— 12 December
2024-121624—HEARING re UDC to implement SB5290
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/i/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 addition,written testimony is also invited beginning on December 4, 2024 and ending on December
16,2024 at the end of the Public Hearing, unless extended by the Board of County Commissioners.
Written public testimony may be submitted by Email to:jeffbocc ,co.jefferson.wa.us You may view
documents and testimony received by visiting: www.co.iefferson.wa.us and following this pathway—
Services—Laserfiche Web Portal (username and password is: public)—Board of Commissioners—
BOCC Agenda Packets—2024 Weekly Agenda Items— 12 December 2024 — 121624
You can also Mail your testimony to: Jefferson County Commissioners' Office; PO 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 25t'day of November 2024.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Kate Dean, Chair
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Adopting Amendments to
Chapters 18.40 of the Jefferson County ORDINANCE NO.
Code Regarding Permit Application and
Review Procedures/SEPA Implementation;
to Facilitate a More Streamlined Review
Process for All Project Applications;
Adopting Findings of Facts; and Setting an
Effective Date
WHEREAS,Jefferson County adopted Joint Resolution No. 17-19 establishing a
program of regulatory reform directing County departments to accomplish reform goals such
as streamlining and simplifying the Jefferson County Code ("JCC");
WHEREAS,Goal 7 of the Growth Management Act (RCW 36.70A.020) provides
that local government permit applications should be processed in a timely and fair manner to
ensure predictability;
WHEREAS,RCW 36.7013, Local Project Review,provides the state rules governing
permit procedures and has been updated by state legislation, including 2SSB 5290 in 2023;
WHEREAS,2SSB 5290 is intended.to modernize and streamline local project review
and permitting procedure;
WHEREAS,the County's Unified Development Code(UDC) was originally adopted
on December 18, 2000, and was amended and incorporated into the Jefferson County Code in
2006. The permit procedures have not been comprehensively revised since 2006;
WHEREAS, County permit procedures should be written in plain language, well-
organized, and easy to use, and ensure an appropriate amount of public comment opportunity
is provided for an application based on the complexity and amount of discretion in the type of
application;
WHEREAS,JCC Chapter 18.40, Table 8-1, addresses the procedure of Type V
action, ordinances or regulations that address procedural issues related to land use planning
are not subject to review and recommendation by the planning commission;
WHEREAS,the proposed code amendments are to the application review procedures
and regulations and contain no substantive changes respecting to the environment, land use or
the procedures of the State Environmental Policy Act (SEPA); and therefore, are exempt from
SEPA pursuant to WAC 197-11-800(19);
1
WHEREAS, on November 15, 2024, a notice of intent to adopt and request for
expedited review were submitted to the Washington State Department of Commerce pursuant
to RCW 36.70A.106;
WHEREAS,the Jefferson County Board of County Commissioners conducted a
hearing on December 16, 2024 to review the proposed code amendments and receive public
testimony;
WHEREAS, adoption of these amendments is a non-project action designed to
improve and update existing code provisions, would streamline the permitting process, and is
consistent with the Jefferson County Comprehensive Plan;
WHEREAS,the BoCC has considered the proposed amendments to the Jefferson
County Code and finds them to be consistent with state law, it is deemed to be in the public
interest to adopt the proposed revisions, as set forth in Attachment A; and
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Jefferson County, Washington as follows:
Section 1. Findings of Fact. The BoCC adopts the recitals above(WHEREAS clauses) as
their own findings of fact for this ordinance.
Section 2. Purpose. The purpose of this ordinance is to comply with RCW 36.70B, Local
Project Review. The objective of the proposal is to improve the efficiency of the permitting
process and improve code clarity.
Section 3. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any portion of this ordinance shall not affect the validity of the remainder of
the ordinance.
Section 4. This Ordinance is categorically exempt from the State Environmental Policy Act
under WAC 197-11-800(19).
Section 5 Effective Date: This ordinance shall take effect January 1, 2025.
(SIGNATURES FOLLOW ON NEXT PAGE)
2
ADOPTED this day of December, 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean, Chair
Heidi Eisenhour. Member
ATTEST:
Greg Brotherton. Member
APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
3
Attachment A
4
Ordinance Attachment A-Jefferson County Code Page 1/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Sections:
Article I. Types of Project Permits
18.40.010 Purpose.
18.40.020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40.040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40.060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications
(Type I — IV)
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Determination of complete application — Additional information and project
revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice — Generally.
18.40.160 Notice of application — When required.
18.40.170 Notice of application —Time of issuance.
18.40.180 Notice of application — SEPA exempt projects.
18.40.190 Notice of application — Contents.
18.40.200 Notice of application — SEPA integration.
18.40.210 Notice of application — Mailing, publication, and posting requirements.
18.40.220 Notice of application — Public comment.
18.40.230 Notice of public hearing.
18.40.240 Additional public notice requirements —Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
18.40.270 Administrative approval subject to notice (Type II).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II
decisions).
18.40.290 Board of county commissioners action (Type IV decisions).
18.40.300 Final decision.
Ordinance Attachment A-Jefferson County Code Page 2/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.310 Expiration of applications.
18.40.320 Vesting of applications.
18.40.325 Suspension, revocation, or modification of permits.
Article V. Appeals
18.40.330 Administrative appeals.
18.40.340 Judicial appeals.
Article VI. Unified Development
Code Interpretation
18.40.350 Purpose.
18.40.360 Submission requirements.
18.40.370 Administrator's decision.
18.40.380 Time limitation and enforcement.
18.40.390 Appeals of administrator's interpretations.
18.40.400 Judicial appeal.
Article VII. Site Development Review Process
18.40.420 Purpose.
18.40.430 Applicability.
18.40.440 Application requirements.
18.40.450 Application review.
18.40.460 Approval criteria.
18.40.470 Limitations on approval.
18.40.480 Modifications to an approved site plan.
Article VIII. Conditional Uses
18.40.490 Purpose.
18.40.500 Scope.
18.40.510 Application submittal and contents.
18.40.520 Conditional use permit types — Review processes.
18.40.530 Approval criteria for all conditional uses.
18.40.540 Additional conditions.
18.40.550 Use of property before final decision.
18.40.560 Effective period — Expiration.
18.40.570 Modification of a conditional use permit.
18.40.580 Conditional use permit to run with the land.
18.40.590 Permit suspension or revocation.
18.40.600 Assurance device.
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
18.40.620 Scope.
18.40.630 Application submittal and contents.
18.40.640 Variance types — Review processes.
18.40.650 Approval criteria.
Ordinance Attachment A-Jefferson County Code Page 3/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.660 Additional conditions.
18.40.670 Limitation on authority.
18.40.680 Effective period — Expiration.
18.40.690 Assurance device.
Article X. State Environmental Policy Act
(SEPA) Implementation
18.40.700 Authority.
18.40.705 Adoption by Reference
18.40.710 Purpose.
18.40.720 Responsible official — Decision-making authority.
18.40.730 Lead agency determination and responsibilities.
18.40.740 Initiation of SEPA review — Limitations on actions during review.
18.40.750 Categorically exempt actions — Use of existing documents and analyses.
18.40.760 Analysis of nonexempt project and nonproject actions.
18.40.770 Substantive authority.
18.40.780 Public notice and comment.
18.40.790 Public hearings and meetings.
18.40.800 Critical areas.
18.40.810 Appeals.
Article XI. Development Agreements
18.40.820 Purpose.
18.40.830 General requirements.
18.40.840 Development standards to be addressed.
18.40.850 Procedures.
18.40.860 Effect.
Article I. Types of Project Permits
18.40.010 Purpose.
Articles I through VI of this Unified DevelepFnent Gedechapter are a mechanism for
implementing the provisions of Ghaptef= hapter 36.706 RCW (the Local Project Review Act)
regarding compliance, conformity, and consistency of proposed projects with the Jefferson
County Comprehensive Plan and development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the public
have made and wWshall continue to make in Jefferson County's Comprehensive Plan and
development regulations, it is essential that project review start from the fundamental land use
planning choices made in the Comprehensive Plan and regulations. If the Comprehensive Plan
or regulations identify the type of land use, specify density and identify and provide for the
provision of public facilities needed to review the proposed development and site, these
decisions, at a minimum, provide the foundation for further project review unless there is a
question of code interpretation. The project review process, including the environmental review
process under ChaptefLhapter 43.21C RCW and the consideration of consistency, should start
from this point and should not reanalyze these land use planning decisions in making a permit
decision, unless the county finds that the Comprehensive Plan and regulations do not fully
foresee site-specific issues and impacts identified through land use project application review.
Ordinance Attachment A-Jefferson County Code Page 4/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(2) Comprehensive plans and development regulations adopted by the county under
Chapterchapter 36.70A RCW (the Growth Management Act), sub-area plans, and environmental
policies, laws and rules adopted by the county, the state, and the federal government address a
wide range of environmental subjects and impacts. These provisions typically require
environmental studies and contain specific standards to address various impacts associated with
a proposed development (e.g., building size and location, drainage, transportation
requirements, and protection of environmentally sensitive areas). When the county applies
these existing requirements to a proposed project, some or all of a project's potential
environmental impacts may be avoided or otherwise mitigated. Through the integrated project
review process described in Articles I through V of this chapter, the administrator Wi4shall
determine whether existing requirements, including the applicable regulations or plans,
adequately analyze and address a project's environmental impacts. Project review generally
should not require additional studies and mitigation under Ghapterchapter 43.21C RCW where
existing regulations adequately address a proposed project's probable significant adverse
environmental impacts. Development regulations enable project review through the application
of established scientific standards, required studies and standard mitigation measures. [Ord. 8-
06 § 1]
18.40.020 Procedures for processing project development permit applications.
For the purpose of project permit processing under this code, all development permit
applications shall be classified as one of the following: Type I, Type II, Type III, or Type IV.
Legislative decisions are classified as Type V actions and are addressed in Chapterchapter 18.45
]CC. Exemptions from the requirements of project permit application processing are set forth in
]CC 18.40.080. [Ord. 8-06 § 1]
18.40.030 Determination of proper type of procedure.
(1) Determination by the Administrator. The administrator shall determine the proper procedure
for all development applications. If there is a question as to the appropriate type of procedure,
the administrator shall resolve it in favor of the higher numbered procedure type, except as
specifically authorized for discretionary conditional use permits under JCC 18.40.520(2).
(2) Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required for
any part of the application or processed individually under each of the procedures identified by
this code. The applicant may determine whether the application shall be processed collectively
or individually. If the application is processed under the individual procedure option, the highest
numbered type procedure must be processed prior to the subsequent lower numbered
procedure.
(3) Decision-maker(s). The board of county commissioners is the highest decision-maker,
followed by the hearing examiner and the administrator. Joint public hearings with other
agencies shall be processed in accordance with ]CC 18.40.050.
(4) Administrator. Upon issuance of a determination of completeness as described in JCC
18.40.110, the administrator shall assign a project planner to the project who will coordinate
and be responsible for all phases of development application administration.
(5) SEPA Review. Project review conducted pursuant to the State Environmental Policy Act
(SEPA), Chapte chapter 43.21C RCW, shall occur concurrently with project review. The SEPA
review process, including all public comment procedures, is set forth in Article X of this chapter.
Ordinance Attachment A-Jefferson County Code Page 5/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Nothing contained in Articles I through V of this chapter shall be construed as restricting the
need for full environmental review in accordance with Articles VI-C through VI-K of
Ghapterchapter 18.15 JCC, and Article X of this chapter. [Ord. 8-06 § 1]
18.40.040 Project permit application framework.
Table 8-1. Permits — Decisions'
Type .}IZ Type II Type III Type IV Type V
SeptiE pe Classification of Variances under Final plats Special use
unnamed and JCC 18.22.250 under permits, such as
discretionary uses Chapterchapter for siting
under Article II of 18.35 JCC essential public
ChapteFchapter 18.15 facilities under
JCC JCC 18.15.110
Allowed uses Release of six-year PRRDs under Final PRRDs Jefferson County
not requiring FPA moratorium for Article VI-M of under Article Comprehensive
notice of an individual single- Chapterchapter VI-M of Plan amendments
application family residence 18.15 JCC and Ghapterchapter under
(e.g., "Yes" under JCC 18.20.160 major amendments 18.15 JCC Ghapterchapter
uses listed in to PRRDs under 18.45 JCC
Table 3-1 in JCC 18.15.545(3)
JCC 18.15.0407-
g-
per s,eta)
Minor Cottage industries SheFeline Amendments to_
amendments under JCC 18.20.170 substantial title 18 JCC or
to planned Temporary housing other sections
rural facilities under JCC perms;Shoreline that qualify as
residential 18.20.385 conditional use development
developments permits, and regulations
(PRRDs) under variance permits
JCC 18.15.545 under the Jefferson
County shoreline
master program
(SMP)
Home Short subdivisions Amendments to
businesses under Article III of vaeatiens under the Jefferson
approved Ghapterchapter 18.35 3GG 18.35.030(3) County SMP
under JCC JCC
18.20.200
Temporary Binding site plans Long subdivisions Subarea and
outdoor use under Article V of under Article IV of utility plans and
permits under Chapterch,aapter 18.35 Chapterchapter amendments
JCC 18.20.380 JCC creating four or 18.35 JCC thereto
Ordinance Attachment A-Jefferson County Code Page 6/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type 111I2 Type II Type III Type IV Type V
fewer lots or leased Binding site plans
areas. creating 5 or more
Plat alterations and lots or leased
vacations under areas.
Article VII of chapter
18.35 JCC
Stormwater Administrative Discretionary Development
management conditional use conditional use agreements and
permits under permits under]CC permits under JCC amendments
JCC 18.30.070 18.40.520(1) and 18.40.520(2) [i.e., thereto under
listed in Table 3-1 in listed in Table 3-1 Article XI of this
JCC 18.15.040 as in JCC 18.15.040 as chapter
"C(a)" "C(d)'l where
required by
administrator
Read access Discretionary Conditional use Master plans for
p^-Mi}S undo. conditional use permits under]CC master planned
jec i8. 0 permits under JCC 18.40.520(3) [i.e., resorts
Tree Rremoval 18.40.520(2) listed in uses listed in Table
R ermit Table 3-1 in ]CC 3-1 in JCC
18.15.040 as "C(d)" 18.15.040 as "C'J
unless Type III
process required by
administrator
Sign permits Minor variances under Major variances - d.r,l,.,rl.,,ents to -
under JCC JCC 18.40.640(2) under JCC the d--
18.30.150 18.40.640(3) Develepn9ent
Boundary line Shoreline substantial Wireless Cie
adjustments development permits, telecommunications
under Article II Administrative permits under JCC
of conditional use 18.20.130 and
Chapte chapter permits, under Chapterchapter
18.35 JCC Jefferson County SMP, 18.42 ]CC
]CC 18.25.620(3)
listed in ]CC
18.25.220, Table
18.25.220 as "C(a)"
Discretionary
conditional use
permits under
Jefferson County SMP,
]CC 18.25.620(4)
listed in ]CC
18.25.220, Table
Ordinance Attachment A-Jefferson County Code Page 7/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type .}Iz Type II Type III Type IV Type V
18.25.220 as "C(d),"
unless Type III
process required by
administrator
Minor Wireless Major industrial
adjustments to telecommunications development
approved permits under JCC conditional use
preliminary 18.20.130 and approval under
short plats Chapterchapter 18.42 Article VIII of
under JCC JCC ChapteFchapter
18.35.150 18.15 JCC
Minor Small-scale recreation Forest practices
amendments and tourist (SRT) uses release of a
to approved in SRT overlay district moratorium under
preliminary under JCC 18.15.572. Chapterchapter
long plats Plat alterations under 18.20 JCC
under JCC JCC 18.35.670
18.35.340
Site
development
review under
Article VII of
this chapter
Exemptions
under the
Jefferson
County SMP
Revisions to Unit lot subdivisions Unit lot
permits issued creating four or fewer subdivisions
under the lots under Article IX of creating five or
Jefferson chapter 18.35 JCC more lots under
County SMP Article IX of
chapter 18.35 JQC—
Beundap� line
development
undeF Art"' exception pursuant to
JCC 18.12.080
'8.35 Kc Innocent purchasers
Hospitality for value
ermit determinations
pursuant to JCC
18.12.100
Ordinance Attachment A-Jefferson County Code Page 8/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Type I}IZ I Type II Type III Type IV Type V
' If the process within Table 8-1 conflicts with process specified in other applicable sections in
title 18 JCC, the administrator shall exercise discretion to determine the final process
framework.
'If not categorically exempt puFsuant tefrom SEPA review, Type I projects shall be subject to
the notice requirements of]CC 18.40.150 through 18.40.220 and Article X of this chapter (the
SEPA integration section).
Table 8-2. Action Types— Process
Project Permit Application Procedures (Types I —
IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation Project Project Project N/A Planning
made by: planner planner planner commission'
Final decision Administrator Administrator Hearing Board of Board of county
made by: examiner county commissioners
commissioners
Notice of No Yes Yes No N/A
application:
Open record No Only if Yes, before No Yes, before
public hearing: administrator's hearing planning
decision is examiner, commission to
appealed, prior to make
open record permit recommendation
hearing before decision by to board of
hearing the hearing county
examiner examiner commissioners'
Closed record No No No N/A Yes, or board of
appeal/final county
decision: commissioners
could hold its
own hearing
Judicial appeal: Yes Yes Yes Yes Yes'
'Type V land use actions are subject to review and recommendation by the
planning commission, except for utility plans, ordinances or regulations that
address procedural issues related to land use planning, interim or
emergency ordinances, moratorium ordinances, development agreements
and amendment thereto, or remand actions from state administrative
boards or courts of law.
'Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington
Growth Management Hearings Board (WWGMHB) is authorized to hear and
Ordinance Attachment A-Jefferson County Code Page 9/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Project Permit Application Procedures (Types I — Legislative
IV)
Type I Type II 1 Type III Type IV Type V
determine petitions alleging that the county is not in compliance with the
requirements of Chapterchapter 36.70A RCW, ChaptefLhapter 90.58 RCW as
it relates to the adoption of the Shoreline Master Program, or
C-hapterchapter 43.21C RCW as it relates to plans, development regulations,
or amendments, adopted under RCW 36.70A.040 or Chapte 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]CC 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
C+.apterchapter 18.35 ]CC).
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,
development agreements and amendment thereto, 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--chapter 18.45 JCC).
[Ord. 9-22 § 5 (Appx. D); Ord. 5-22 § 3 (Appx. A(7)); Ord. 9-20 § 2 (Appx.
B); Ord. 12-19 § 4 (Appx. Q Ord. 4-19 § 1 (Exh._A); Ord. 14-18 § 4 (Exh.
B); Ord. 8-06 § 1]
Ordinance Attachment A-Jefferson County Code Page 10/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.050 Joint public hearings (other public agency hearings).
(1) Administrator's Decision to Hold Joint Public Hearings. The administrator may combine any
public hearing on a project permit application with any hearing that may be held by another
local, state, regional, federal, or other agency on the proposed action, as long as the hearing is
held within the county and the requirements of subsection (3) of this section are met.
(2) Applicant's Request for a Joint Hearing. The applicant may request that the public hearing
on a permit application be combined as long as the joint hearing ca+Rmay be held within the
time periods set forth in this chapter. In the alternative, the applicant may agree to a particular
schedule if additional time is needed in order to complete the hearings.
(3) Prerequisites to a Joint Hearing. A joint public hearing may be held with another local, state,
regional, federal or other agency and the county, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statute, ordinance or rule; and
(c) The agency has received the necessary information about the proposed project from the
applicant in enough time to hold its hearing at the same time as the local government
hearing. [Ord. 8-06 § 1]
18.40.060 Legislative enactments.
(1) Decision. The following decisions are legislative, and are not subject to the procedures in
this chapter, unless otherwise specified:
(a) Unified Development Code text, and land use district amendments (i.e., Land Use Map
amendments);
(b) Area-wide rezones to implement county policies contained within the Jefferson County
Comprehensive Plan and amendments thereto;
(c) Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
(d) Shoreline master program adoption and amendments; and
(e) All other master land use, subarea, functional and/or utility plans and amendments
thereto.
(2) Procedures. Except as otherwise provided in this chapter, the procedures for the legislative
decisions specified in this chapter are set forth in Chapterchapter 18.45 JCC. [Ord. 8-06 § 1]
18.40.070 Legislative enactments not restricted.
Nothing in this chapter shall limit the authority of the county to make changes to the Jefferson
County Comprehensive Plan as part of an annual revision process, this Unified Development
Code or any of the county's other development regulations, or to undertake any other
legislative actions. [Ord. 8-06 § 1]
18.40.080 Exemptions from project permit processing.
(1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development
Code has been designated as a Type II, III or IV permit, the procedures set forth in Articles I
Ordinance Attachment A-Jefferson County Code Page 1 1/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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through IV of this chapter shall be followed in project permit processing. The following permits
or approvals are specifically excluded from the procedures set forth in this chapter:
(a) Landmark designations;
(b) County road vacations; afl-d
(c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned
actions in the Jefferson County Comprehensive Plan or any amendments thereto. Planned
actions are those public or private projects specifically identified by county ordinance or
resolution adopted after environmental review conducted in conjunction with the adoption
or annual amendment of the Comprehensive Plan; and
(d) Site Development Review.
(2) Exemptions. If categorically exempt under SEPA, Chapterchapter 43.21C RCW, Type I
permits shall not be subject to the following provisions contained in this chapter':
(a) The notice of application requirements of]CC 18.40.150 through 18.40.220;
(b) Except as provided in RCW 36.7013.140, optional consolidated project permit review
processing under]CC 18.40.030(2);
(c) Joint public hearings under JCC 18.40.050; and
(d) A single report stating that all decisions and recommendations made as of the date of
the report on all project permits included in the consolidated permit process that do not
require an open record hearing and any recommendations on project permits that do not
require an open record hearing, as further set forth in RCW 36.70B.060(5).
(3) Netiee ef Deeisien. Unless the app"Eant waives the time deadlines in w4ing,all Type--I--
1]
Article II. Project Permit Applications (Type I —IV)
18.40.090 Optional p"Eat-iep-preapplication conference.
(1) Purpose. Preapplication conferences provide a prospective applicant and the county the
opportunity to determine if and how the regulations (e.g., envirenngentally sensitivecritical areas
and SEPA) may apply, an opportunity to acquaint the applicant with the requirements of the
Jefferson County Unified Development Code, and to discuss, if applicable, how the applicant
may modify the scope and design of the project to reduce or avoid restrictions which may be
imposed by the county.
(2) When Required. Preapplication conferences are optional. However, preapplication-_
conferences are encouraged rega+rtdfor all Type II, Type III, Type IV and Type V project
applications and Type I project applications proposing impervious surfaces of 10,000 square
feet or more and/or non-single-family structures of 5,000 square feet or more. Additionally,
preapplication conferences are FequiFed encouraged for industrial, commercial, and critical area
stewardship plan applications.
0
Ordinance Attachment A-Jefferson County Code Page 12/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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self evident, alFeady tFansmitted, er would net add value te the subsequent applicatien.
eenfeFenees will be eensidered by the adfflindstFater on a time available basis.
(3) Scheduling and Conceptual Design Review. The conference shoulda++ be held within 4-521
calendar days of the request and payment of the fee set forth in the most
recently adopted DCD fee schedule lee. The preapplication conference for a new
personal wireless facility shall be scheduled at such time the applicant demonstrates that the
required notice in JCC 18.42.070(2) was mailed to all other wireless providers licensed to
provide services within Jefferson County. Upon payment of the fee, the applicant shall submit to
DCD a preliminary sketch or conceptual design that illustrates the applicant's generalized ideas
of the proposal. This should include approximate lot lines, general topography of the site,
suggested vehicle access to the site, and provision of utilities. Final drawings are discouraged at
this preapplication stage. Additionally, the applicant shall identify all land uses on adjacent
properties and all platted and opened roads serving the site.
(4) Information Provided to Applicant. At the conference, the administrator shall provide the
applicant with:
(a) A list of the requirements for a completed application;
(b) A general summary of the procedures to be used to process the application;
(c) The references to the relevant code provisions or development standards that may
apply to the approval of the application; and
(d) A list of any applicable hourly review fees that may be charged by one or more county
agencies upon the filing of a project permit application with the county.
(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all
potential issues. The discussions at the conference or the information provided by the
administrator shall not bind or prohibit the county's future application or enforcement of all
applicable laws and regulations. No statements or assurances made by county representatives
shall in any way relieve the applicant of his or her duty to submit an application consistent with
all relevant requirements of county, state and federal codes, laws, regulations and land use
plans. [Ord. 14-18 § 4 (Exh. B); Ord. 3-13 § 1]
18.40.100 Development permit application.
(1) Information Required for All Applications. Applications for project permit decisions shall be
submitted upon forms provided by the administrator. A project permit application is complete
when it meets the submission requirements of this section. An application shall consist of all
materials required by the relevant section of this code or other applicable county ordinance or
regulation, and shall also include the following general information:
(a) A completed Site Development Review (SDR) under article VII of chapter 18.40 JCC.
C�JA completed project permit application form, including a SEPA checklist unless
categorically exempt from SEPA;
(c) A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the application
Ordinance Attachment A-Jefferson County Code Page 13/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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with the written consent of all owners of the affected property, and proof of ownership of
the property;
( ) Identification of a single contact person or entity to receive determinations and notices
required by this code;
(de) A legal description of the site, including the Jefferson County assessor's parcel number;
(fe) Payment of the applicable fee as set forth in the jeffersen Ge most_r_e_c_e_nt1v
adopted DCD fee scheduleeFdinanee;
(€g) For each building per development or proposed use necessitating potable water,
evidence of available and adequate water supply and, if applicable, compliance with the
requirements established by the Jefferson County department of health for the provision of
water; evidence may be in the form of a water right permit from the Department of
Ecology, or another form sufficient to verify the existence of an adequate water supply;
( ) Evidence of septic approval, a valid pending septic application, or sewer availability
and, if applicable, compliance with the requirements established by the Jefferson County
department of health for wastewater disposal;
(hj) A site plan, showing the leeatien ef all pFepesed lets and peints ef aEEeSS a14-
be dFawn te a SEale no smalleF than ene inch equals 50 feet fer a plet !aFgeF than ene aEFe
i Site Plan requirements for Permits. The following shall be depicted either in required
narrative above and/or on the site plan detailing the following (as applicable unless waived
by the administrator):
(i) Compass direction and graphic scale;
(ii) Parcel boundaries and dimensions;
(iii) Location of existing and proposed roads and access points;
(iv) Driveways and parking areas;
(v) Easement and rights-of-way located on the property within the proposed
developed/use area;
NO The location of septic, wells, and water lines within the developed areas;
(vii) The general description of the topography of the entire site (including slope
direction and 5 foot contours);
viii The location of existing & proposed structures including setbacks;
(ix) All proposed or existing uses;
(x) The location of existing and proposed landscaping if required for
development/use;
(xi) The areas to be graded and cleared (including source and volumes if over
500 cubic yards.);
(xii) The location of significant geographic features (including slopes exceeding_
40% slope) on the site and immediately adjoining properties;
(xiii) Location and type of water bodies, drainage ways or wetlands;
(xiv) Location and type of Shorelines and Critical Areas;
Ordinance Attachment A-Jefferson County Code Page 14/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(xv) Shoreline and Critical Area Buffers where trees/vegetation shall be retained
and if applicable, associated special reports; and
(xvi) Preliminary drainage plan including measures to address stormwater
management for development & land disturbing activity.
(�) Identification of other local, state and federal permits required for the proposal, to the
extent known by the applicant.
(k) All permit applications shall include the information specified in the chapter of the County
Code pertaining to the specific type of development permit being applied for. In addition to
this chapter, where applicable, with the following chapters in the Unified Development Code:
18.15 Land Use Districts
18.18 Irondale and Port Hadlock
UGA development regulation
implementation
18.19 Transitional Rural
Development Standards of
the Irondale/Port Hadlock
Urban Growth Area
18.20 Performance and Use-
Specific Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
The Qgttatycounty may require such additional information as reasonably necessary to fulfill
and properly evaluate the proposal.
(1) At every stage of the permit application process, the burden of demonstrating that any
proposed development is consistent with this chapter and other applicable adopted
regulations; is upon the applicant.
(2) Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist Uses —
Additional Application Requirements. In addition to the general information required under
subsection (1) of this section, all buildwigg permitdevelopment or proposed uses ads
involving commercial, industrial, multifamily, and small-scale recreational and tourist uses listed
in Table 3-1 in ]CC 18.15.040 shall include a site plan prepared by a civil engineer, architect or
landscape architect licensed in the state of Washington that includes or graphically depicts the
following information:
(a) A site plan prepared by a licensed civil engineer, architect or landscape architect unless
waived by the DC-Dadministrator (i.e., for low-intensity small-scale recreation and tourist
uses
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(b) Engineered drainage plan;
(c) Parking Plan (including ADA requirements;
(d) Lighting Plan;
(e) Landscaping Plan;
(fl Signage Plan;
(g) Fire Protection Requirements (water lines, hydrants, fire suppression systems uses
within structure, etc);
(h) Compliance with DCD land Use authorization requirements if not a "yes" use per Table
3-1, and
(i) Other requirements required by DCD for the review of the proposal.
� a,--
EwqeFShi-P
aFeas.
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(3) Additional Application Requirements. In addition to the information required under
subsections (1) and (2) of this section, the administrator may require additional information or
studies in order for the application to be considered complete. Such information may include,
but is not necessarily limited to, the following:
(a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be
developed in phases;
(b) Enumeration of the number of persons that will reside in a dwelling(s);
(c) Documentation of the date and method of segregation for the subject property verifying
that the lot or lots were not created in violation of the subdivision (i.e., either short or long)
laws in effect at the time of creation, or identifying whether the lots were created prior to
the advent of Chapterchapter 58.16 RCW in 1937 (now codified in Chapte chapter 58.17
RCW);
(d) A recorded survey of the subject property in order to verify property boundaries and
setback measurementsi:
(e) Special Reports pursuant to JCC 18.22 Article IX or as required by the administrator.
(4) Application Requirements in Other Applicable Regulations. Applications for the following land
use permits must satisfy JCC 18.40.100(1), (2) and, if required, (3), and the following
provisions of this Unified Development Code and applicable county ordinances and regulations:
(a) Building permits under the Jefferson County building code, Chapterchapter 15.05 JCC,
or its successor ordinance;
(b) On-site septic systems pursuant to Chapterchapter 8.15 JCC;
(c) Critical areas variance under JCC 18.22.250;
tdIReasonable economic use exception vaHaREe permits under JCC 18.221-5.2260;
(de) Planned rural residential developments (PRRDs) under Article VI-M of Chaptetchapter
18.15 JCC;
(ef) Cottage industries under JCC 18.20.170;
(€g) Home businesses under JCC 18.20.200;
(gh) Temporary outdoor use permits under JCC 18.20.380;
(hi) Stormwater management permits under JCC 18.30.070;
(ij) Sign permits under JCC 18.30.150;
(jk) Boundary line adjustments under Article II of Chapterchapter 18.35 JCC;
(W) Short plats under Article III of Chapte chapter 18.35 JCC;
(1m) Long plats under Article IV of Chapterchapter 18.35 JCC;
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(mn) Binding site plans under Article V of C-hapterchapter 18.35 JCC;
(no) Written exemptions, shoreline substantial development permits for primary and
secondary uses, and shoreline conditional use and variance permits under the Jefferson
County Shoreline Master Program;
(ep) Wireless telecommunications permits under JCC 18.20.130 and C-fpterchapter 18.42
JCC; and
(pg) Plat alterations under Article VII of Chapterchapter 18.35 JCC.
(r) Unit lot subdivisions under Article IX of chapter 18.35 JCC.
All application requirements identified in other code sections that supplement or supersede the
requirements of this chapter shall be met before an application is deemed complete.
(5) Waivers. The administrator may waive any specific submittal requirements determined to be
unnecessary for review of any application. In such event, the administrator shall document the
waiver in the project file or project log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.110 Determination of complete application —Additional information and
project revision.
(1) Determination of Completeness. Within 28 calendar days after receiving a project permit
application the administrator shall mail a determination to the applicant that states either that:
(a) The application is complete; or
(b) The application is incomplete and information necessary to make the application
complete.
(2) Identification of Other Agencies With with Jurisdiction. To the extent known by the county,
other agencies with jurisdiction over the project permit application shall be identified in the
county's determination of completeness.
(3) Incomplete Application Procedure.
(a) Application Fee. The applicant shall have 28 days from the invoice date to remit the
required fee to DCD. -If applicable fee is not received enby the 291h day, the application
shall be considered abandoned.
(,bZIf the applicant receives a determination that the application is incomplete or that
additional information is required, the applicant shall have 90 calendar days to submit the
necessary information to the administrator. Within 14 calendar days after the applicant has
submitted the additional information, the administrator shall again make the determination
described in subsection (2) of this section.
(4b) Additional Information Request:
(a) The applicant shall have 90 calendar days to submit the necessary information from the
date of written notification. If the applicant refuses to submit additional information, or does
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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not request additional time to submit the required information within the 90-calendar-day
period, a second request shall be issued for an additional 60 calendar days.
(b) DCD shall invite the applicant to a meeting in an attempt to resolve outstanding issues
during the review process. The meeting should be scheduled within 14 days of a second
additional information request. If the meeting cannot resolve the issues and DCD proceeds
with a third request for additional information or corrections, then DCD must approve or
deny the application upon receiving the additional information or corrections.
(c) If an applicant is not responsive for more than 30 consecutive calendar days after the
third written request was sent, -the application wiRshall be considered abandoned and
therefore withdrawn and the applicant shall forfeit the application fee. For the purposes of
this subsection, "non-responsiveness" means that the applicant is not making demonstrable
progress on providing additional requested information to the county, or that there is no
ongoing communication from the applicant to the county on the applicant's ability or
willingness to provide the additional information.
DCD shall not be responsible for notifying the applicant of an impending expiration.
(4) County's Failure to Provide a Determination of Completeness. A project permit application
shall be deemed complete under this section if the administrator does not provide a written
determination to the applicant that the application is incomplete as provided in subsection (1) of
this section. Notwithstanding a failure to provide a determination of completeness, the
administrator may request additional information as provided in subsection (6) of this section.
(5) Date of Acceptance of Application. A project permit application is complete for purposes of
this section when it meets the submission requirements in ]CC 18.40.100, as well as any
additional submission requirements contained in other applicable provisions of this code. This
determination of completeness shall be made when the application is sufficient for continued
processing even though additional information may be required or project modifications may be
undertaken after submittal. When the project permit application is determined to be complete,
the administrator shall accept it and note the date of acceptance in the project file. Upon
providing a determination of completeness, the administrator shall assign the project to a
project planner.
(6) Additional Information. The administrator's determination of completeness shall not
preclude the administrator from requiring additional information, that the applicant correct
plans or perform studies at any time if new information is required for project review, or if there
are substantial changes in the proposed action.
(a) Any period during which the administrator has requested the applicant to correct plans,
perform required studies, or provide additional information shall be excluded from the 329-
deyrequired processing time period or other applicable time period set forth in ]CC
18.40.300.
(b) The time period for requiring additional information shall be calculated from the date
the administrator notifies the applicant of the need for additional information until the
earlier of:
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(i) The date the administrator determines whether the information satisfies the request
for information; or
(ii) Fourteen calendar days after the date the information has been provided to the
administrator.
(7) Effect of Project Permit Application Revisions — Substantial Revisions. If, in the judgment of
the administrator, the content of an application is so substantially revised by an applicant,
either voluntarily or to conform to applicable standards and requirements, that such revised
proposal constitutes a substantially different proposal than that originally submitted, the
administrator shall deem the revised proposal to be a new application.
(a) In reaching a decision whether a revision is substantial, the administrator shall consider
the relative (to the application in its initial form) and absolute magnitude of the revision,
the environmental sensitivity of the site, any changes in location of significant elements of
the project and their relation to public facilities, surrounding lands and land uses and the
stage of review of the proposal.
(b) Lesser revisions that would not constitute substantial revisions during early stages of
review may be substantial during later stages due to the reduced time and opportunity
remaining for interested parties to review and comment upon such changes.
(c) Written notice of such determination of substantial revision shall be provided to the
applicant and all parties of record, including the reasons for the administrator's decision.
(d) A determination that any revision is substantial shall result in the time periods
mandated by this chapter starting from the date at which the revised project application is
determined to be complete. The revised project application shall be subject to all laws,
regulations and standards in effect on the date of the determination of completeness of the
substantial revision. [Ord. 11-23 § 8 (Att. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the administrator shall do the following:
(1) Transmit a copy of the application, or appropriate parts of the application, to each affected
agency and county department for review and comment, including those agencies responsible
for determining compliance with state and federal requirements. The affected agencies and
county departments shall have 14 calendar days to comment, exEept that state agenemes shall
DiStFiEt (ESA), ef Chapter 18.15 jGG et al., including habitat management plans and Wetland
Fq+t+gatien pfafs . Affected agencies and county departments are presumed not to have
comments if not submitted within the 14-calendar-day period, , as
abeve;provided, that the administrator may grant an extension of time if needed. Additionally,
in the event that the state agency or agencies involved communicate verbally or in writing
intention to waive the opportunity to submit comments, the corresponding state agency
comment period shall terminate and be so noted in the case file.
(2) Applications for developments and planned actions subject to the State Environmental Policy
Act (SEPA), Chapte chapter 43.21C RCW, shall be reviewed in accordance with the policies and
procedures contained in Article X of this chapter. SEPA review shall be conducted concurrently
with development project review. The following are exempt from concurrent review:
Ordinance Attachment A-Jefferson County Code Page 20/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(a) Projects categorically exempt from SEPA; and
(b) Components of planned actions previously reviewed and approved in the Jefferson
County Comprehensive Plan or amendments thereto to the extent permitted by law and
consistent with the SEPA determination for the planned action.
(3) If a Type II or III procedure is required, DCD shall provide for notice and/or hearing as set
forth in Article III of this chapter. [Ord. 8-06 § 1]
18.40.130 Scope of project review.
(1) Fundamental land use planning choices made in the Jefferson County Comprehensive Plan,
subarea plans, this Unified Development Code and any other applicable development
regulations shall serve as the foundation for project review. The review of a proposed project's
consistency with this Unified Development Code under JCC 18.40.140, other applicable
development regulations, or in the absence of applicable regulations, the adopted Jefferson
County Comprehensive Plan or subarea plan(s), shall incorporate the data collected under this
section.
(2) During project review, the administrator or any subsequent reviewing body (e.g., the
hearing examiner) shall determine whether the items listed in this subsection are defined in this
Unified Development Code or any other applicable development regulations applicable to the
proposed project or, in the absence of applicable regulations, the adopted Jefferson County
Comprehensive Plan or subarea plan(s). At a minimum, such regulations or plans shall be
determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned rural residential developments and conditional uses, if the
criteria for their approval have been satisfied;
(b) Density of residential development; and
(c) Availability and adequacy of public facilities identified in the Jefferson County
Comprehensive Plan, if the plan provides funding of these facilities.
(3) During project review, the administrator shall not re-examine alternatives to or hear appeals
on the items identified in subsection (2) of this section.
(4) The administrator may determine that the requirements for environmental analysis and
mitigation measures in this Unified Development Code and other applicable regulations provide
adequate mitigation for some or all of the project's specific probable significant adverse
environmental impacts to which the requirements apply. In making this determination the
administrator shall:
(a) Determine if the applicable regulations require measures that are sufficient to
adequately address site-specific, probable significant adverse environmental impacts
identified through project application review; and
(b) Determine whether additional studies are required and/or whether the project permit
application should be conditioned with additional mitigation measures.
Ordinance Attachment A-Jefferson County Code Page 21/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(5) Nothing in this section shall be construed as limiting the authority of the county to approve,
condition, or deny a project as provided in this Unified Development Code or any other
development regulations adopted under the authority of Chapter- hapters 36.70A and/or 43.21C
RCW, including project review under Articles VI-D through VI-I of Ghapterchapter 18.15 JCC,
and Article X of this chapter. [Ord. 8-06 § 1]
18.40.140 Project consistency.
(1) A proposed project's consistency with this Unified Development Code or other development
regulations adopted under Chapterchapter 36.70A RCW or, in the absence of applicable
development regulations, the appropriate elements of the Jefferson County Comprehensive Plan
or subarea plan adopted under Chapterchapter 36.70A RCW shall be determined by
consideration of:
(a) The type of land use;
(b) The level of development such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development;
and
(d) The character of the development.
(2) In determining consistency, the determinations made pursuant to JCC 18.40.130 shall be
controlling.
(3) For purposes of this section, the term "consistency"shall include all terms used in this
chapter and Chapter—chapter 36.70A RCW to refer to performance in accordance with this
chapter and ChapteFchapter 36.70A RCW, including, but not limited to, compliance, conformity,
and consistency.
(4) Nothing in this section requires documentation, dictates procedures for considering
consistency, or limits the administrator from asking more specific or related questions with
respect to any of the four main categories listed in subsections (1)(a) through (1)(d) of this
section.
(5) For purposes of assisting in determining consistency with the UDC for a particular project
permit, the administrator shall also utilize review of the site plan submittal required by JCC
18.40.100-(1)(#i) to ensure compliance with the requirements of Chapter chapters 18.20 and
18.30 JCC. [Ord. 8-06 § 1]
Article III. Public Notice Requirements
18.40.150 Public notice— Generally.
(1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If
not SEPA exempt, Type I projects are subject to the notice of application and SEPA notice
requirements set forth in JCC 18.40.160 through 18.40.220 and Article X of this chapter.
(2) Public notice of the notice of application and of the open record public hearing, if any, is
required for all Type II and Type III actions. Published notice is not required for closed record
public meetings before the county commissioners (i.e., Type IV approvals of final plats, lefl<�--
plats and PRRDs), because no new testimony or evidence is allowed at such meetings or
Ordinance Attachment A-Jefferson County Code Page 22/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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hearings. Mailed notice of closed record public hearings shall be provided to all parties of
record.
(3) Public notice is not required for other Type IV actions because no public hearing is held.
(4) Public notice of Type V legislative actions must be published as described in Chapterchapter
18.45 ]CC and as required by state law.
(5) The applicant shall be responsible for all costs of public notice. [Ord. 12-19 § 4 (Appx. Q
Ord. 8-06 § 1]
18.40.160 Notice of application —When required.
The administrator shall issue a notice of application on projects requiring SEPA review and all
Type II and Type III project permit applications. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.170 Notice of application —Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of issuing the
determination of completeness. If an open record public hearing is required for the requested
project permit(s), the notice of application shall be issued at least 15 calendar days prior to the
public hearing. [Ord. 12-19 § 4 (Appx. Q Ord. 8-06 § 1]
18.40.180 Notice of application — SEPA exempt projects.
A notice of application shall not be required for project permits that are categorically exempt
under SEPA unless a public comment period or an open record hearing is required. A notice of
application shall be required for all Type II and Type III projects, regardless of whether such
projects are exempt from SEPA. [Ord. 11-23 § 8 (Att. A); Ord. 12-19 § 4 (Appx. C); Ord. 8-06 §
1]
18.40.190 Notice of application —Contents.
The notice of application shall include the following:
(1) The name and address of the applicant or the applicant's representative;
(2) The date of application, the date of the notice of completion for the application, and the
date of the notice of application;
(3) The street address location of the project or, if unavailable, a description of the subject
property reasonably sufficient to inform the public of its location, which may include a vicinity
location (map), the location in reference to roadway intersections, or a written description (rural
route box or subdivision lot and block alone are not sufficient);
(4) A description of the proposed project action, use or development and a list of project
permits included in the application and, if applicable, a list of any additional studies requested
under]CC 18.40.110(6);
(5) The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
(6) The identification of existing environmental documents that evaluate the proposed project,
and the location of where the application and any studies e-anmay be reviewed;
(7) The name and phone number of the contact project planner;
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(8) A statement of the limits of the public comment period, which shall be 14 calendar days
following the date of the notice of application (or 20 or 30 calendar days if the application
involves a permit under the Jefferson County Shoreline Master Program, as further set forth in
]CC 18.40.220);
(9) Statements of the right of any person to comment on the application, become a party of
record, receive notice of and participate in any hearings, request a copy of the decision once
made, and any appeal rights;
(10) A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed project's consistency with applicable development
regulations and of those development regulations that will be used for project mitigation, as
provided in RCW 36.7013.040 and ]CC 18.40.140;
(11) The SEPA responsible official shall ensure that SEPA requirements are address for all
permits issue. This may include a determination that a project is exempt from SEPA or -
issuance of a SEPA threshold determination For Type I and II permits the SEPA responsible
official has discretion to utilize the Determination of Non-Significance (DNS) process outlined in
WAC 197-11-340, or the Optional DNSSE-RA process as outlined in WAC 197-11-355. All notices
shall specify if the DNS (WAC 197-11-340) or Optional DNS (WAC 197-11-355) process is being
utilized.
For Type III permits, DNS process pursuant to WAC 197-11-340 should be utilized and the final
SEPA threshold determination should be combined with the notice of public hearing. This
would allow the appeal of the SEPA to be consolidated with the underlying permit before the
Hearing Examiner.
(WAC 197 11 inn . Gotiena' DNS
(12) The date, time, place and type of hearing, if applicable, and if scheduled prior to the date
of the notice of application;
(13) A statement of when and where a copy of the application, all supporting documentation
and evidence relied upon by the applicant, and applicable development regulations may be
available for public inspection; and
Ordinance Attachment A-Jefferson County Code Page 24/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(14) Any other information the administrator determines appropriate. [Ord. 12-19 § 4 (Appx.
C); Ord. 8-06 § 1]
18.40.200 Notice of application — SEPA integration.
the
net issue its thFesheld-
' . If
the county has made a determination of significance under Chapterchapter 43.21C RCW
concurrently with the notice of application, the notice of application may be combined with the
threshold determination and the scoping notice for a draft environmental impact statement
(DEIS). However, nothing in this chapter prevents a DS and scoping notice from being issued
prior to the notice of application. [Ord. 8-06 § 1]
18.40.210 Notice of application — Mailing, publication, and posting requirements.
(1) Published Notice. For all Type III permit applications, tThe administrator shall publish notice
in the official county newspaper at least once. The administrator has the discretion to publish
Type II permits, when the proposal could impact the general public. Published notice shall
include the project's road or street address or location, project description, type(s) of permit(s)
required, comment period dates, and location where the complete application and notice of
application may be reviewed. DCD also shall allow the general public to review permits on-line
that are subject to public notice.
(2) Posting. For all Type II and III Permits, Tthe applicant shall post a notice of application on
the property as follows:
(a) A single notice board shall be placed at the midpoint of the site road frontage or as
otherwise directed by the county for maximum visibility, where it is completely visible to
vehicle traffic and pedestrians.
(b) Additional notice boards may be required where the site does not abut a public road, for
a large site that abuts more than one public road, or the administrator determines that
additional notice boards are necessary to provide adequate public notice.
(c) Notice boards shall be constructed and installed in accordance with any specifications
promulgated by the county.
(d) Notice boards shall be maintained in good and legible condition by the applicant during
the notice period, be in place at least 15 calendar days prior to the date of the hearing, and
be removed within 15 calendar days after the end of the notice period.
(e) The applicant prior to the hearing or final comment date shall submit an affidavit of
posting to the administrator. If the affidavit is not filed as required, any scheduled hearing
or date by which the public may comment on the application wi+lshall be postponed in order
to allow compliance with this notice requirement.
(3) Mailing.
(a) For all Type II and III permits, Tthe administrator shall send a notice of application by
mail to the applicant, the owners of the subject property (if different from the applicant),
and to all owners of property within 300 feet of any portion of the exterior boundaries of
the subject property. The DCD shall be responsible for preparation of the list of adjacent
property owners; provided, that the administrator retains the authority to require the
Ordinance Attachment A-Jefferson County Code Page 25/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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applicant to supply and certify the list of adjacent property owners in circumstances where
the information is not readily available to the county. DCD shall obtain addresses for mailed
notice shall from the county's geographic information system (GIS) or real property tax
records. The administrator shall make a notation in the file affirming mailing of notice to all
persons entitled to notice under this chapter._DCD eaflnay also send notices by email
instead of by mail when doing so is determined to be sufficient for reaching necessary
parties.
(b) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first. Failure to
send notice by mail shall not invalidate such proceedings where the owner appears at the
hearing or receives actual notice. [Ord. 8-06 § 1]
18.40.220 Notice of application — Public comment.
(1) Length of Comment Period. The comment period shall be not less than 14 calendar days,
nor more than 30 days from the date of the notice of application (RCW 36.70B.110(2)(e)),
except as may otherwise be provided for: a 15-day comment period for an open record
predecision hearing pursuant to RCW 36.70B.110(3), commenting on preliminary plat
applications (i.e., 20 days pursuant to RCW 58.17.095(2)), for commenting on scoping and
draft and final environmental impact statements pursuant to WAC 197-11-408 and 197-11-500
and Article X of this chapter, and for commenting on permits under the Jefferson County
Shoreline Master Program (SMP) (see subsection (2) of this section).
(2) Comment Periods for Permits Under the Jefferson County Shoreline Master Program (SMP).
The content of notice under the SMP shall be identical to the notice set forth in ]CC 18.40.190
except that:
(a) The public may provide comments on a shoreline development permit application for 30
calendar days after the notice of application (notice for shoreline permits is longer than the
comment period for other Type II and III permits pursuant to RCW 90.58.140(4)); and
(b) The public comment period shall be 20 calendar days for a shoreline permit for limited
utility extensions or for construction of a bulkhead or other measures to protect a single-
family residence and its appurtenant structures from shoreline erosion (see RCW
90.58.140(11)); and
(c) A notice of application for a shoreline substantial development permit shall notify the
public of the 20-day or 30-day comment period.
(3) Comments may be mailed, emailed, personally delivered or sent by facsimile. Comments
shall be as specific as possible.
(4) The administrator wH4shall receive public comments during regular business hours any time
up to and during the open record hearing, if any, or if there is no predecision hearing, prior to
the decision on the project permit.
(5) The county may not issue a decision or recommendation on the project permit(s) until the
expiration of the public comment period on the notice of application. [Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1]
Ordinance Attachment A-Jefferson County Code Page 26/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.230 Notice of public hearing.
Notice of public hearing shall be provided not less than 10 calendar days prior to the hearing. If
the notice of application does not specify a hearing date, a separate notice of public hearing
shall be provided. For Type III projects, the DNS process pursuant to WAC 197-11-340 should
be utilized and the SEPA threshold determination should be combined with the notice of public
hearing. This would allow an appeal of the SEPA threshold determination to be consolidated
with the Type III Permit at the hearing before the Hearing Examiner. Notice under this section
shall be accomplished as follows:
(1) Published Notice. The administrator shall publish a notice of public hearing in the official
county newspaper at least one time. This notice shall include (and republish if necessary) the
appropriate information from JCC 18.40.190.
(2) Mailed Notice. The administrator shall send a notice of public hearing to all of the persons
entitled to notice, as described in JCC 18.40.210(3), including any person who submits written
or oral comments on the notice of application.
(3) Posted Notice. Posted notice of the public hearing is required for all Type III project permit
applications, which shall be posted as set forth in JCC 18.40.210(2). In addition, notice of Type
III preliminary plat actions and proposed subdivisions must be given as set forth in JCC
18.40.240, [Ord. 8-06 § 1]
18.40.240 Additional public notice requirements—Type III preliminary plat
actions.
In addition to the notice for Type III actions above, pursuant to chapter 58.17 RCW,
additional notice for preliminary plats and proposed subdivisions shall be provided as follows:
(1) Notice of the filing of a preliminary plat application of a proposed subdivision located
adjacent to or within one mile of the municipal boundaries of a city or town utilities shall be
given to the appropriate city or town officials, pursuant to RCW 58.17.080 and 58.17.090.
(2) Notice of the filing of a preliminary plat application for a proposed subdivision located
adjacent to the right-of-way of a state highway or within two miles of the boundary of a state
or municipal airport shall be given to the Washington State Secretary of Transportation, who
must respond as to the effect of the proposed subdivision on the state highway or airport within
15 calendar days of such notice.
(3) Special notice of the hearing shall be given to adjacent landowners by any other reasonable
method the county deems necessary. Adjacent landowners are the owners of real property, as
shown by the records of the county assessor, located within 300 feet of any portion of the
boundary of the proposed subdivision. If the owner of the real property which is proposed to be
subdivided owns another parcel or parcels of real property which lie adjacent to the real
property proposed to the subdivided, mailed notice shall be given to owners of real property
located within 300 feet of any portion of the boundaries of such adjacently located parcel(s).
[Ord. 8-06 § 1]
18.40.250 Optional additional public notice.
(1) As optional methods of providing public notice of any project permits, the county may:
(a) Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
Ordinance Attachment A-Jefferson County Code Page 27/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(b) Notify the news media;
(c) Place notices in appropriate regional or neighborhood newspapers or trade journals;
(d) Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
(e) Mail to neighboring property owners; or
(f) Place notices on the Internet.
(2) The county's failure to provide the optional notice as described in this section shall not be
grounds for invalidation of any permit decision. [Ord. 8-06 § 1]
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
The administrator may approve, approve with conditions, or deny (with or without
prejudice) all Type I permit applications which are categorically exempt from SEPA without
notice (see Tables 8-1 and 8-2 in JCC 18.40.040, and JCC 18.40.080(2)). Expedited review
process is available for Type I permit applications if the projects are categorically exempt under
SEPA and are consistent with adopted development regulations. Type I permit applications that
are not subject to public notice and are submitted as complete applications may take priority
over other projects.
(Z)-Type I projects that are not categorically exempt under SEPA shall be subject to the notice
of application and comment period provisions of JCC 18.40.150 through 18.40.220, and the
SEPA notice requirements of Article X of this chapter. The administrator's decision under this
section shall be final on the date issued, and may not be appealed to the hearing examiner.
[Ord. 8-06 § 1]
18.40.270 Administrative approval subject to notice (Type II).
(1) The administrator may approve, grant preliminary approval, approve with conditions, or
deny (with or without prejudice) all Type II permit applications, subject to the notice and
appeal requirements of this article and Article III of this chapter. The administrator shall issue
written findings and conclusions supporting all Type II decisions.
(2) Type II administrative decisions shall become final subject to the following: an applicant or
party of record may appeal the decision to the hearing examiner for an open record hearing, as
further set forth in Article V of this chapter. [Ord. 8-06 § 1]
18.40.280 Hearing examiner review and decision (Type III decisions and appeals
of Type II decisions).
(1) The hearing examiner shall review and make findings, conclusions and a decision on all
Type III permit applications and appeals listed under subsection (3)(b) of this section.
(2) For Type III actions, the administrator shall prepare a staff report on the proposed
development or action summarizing and considering timely public comments, summarizing and
considering recommendations of county departments and affected agencies or special districts,
and evaluating the development's consistency with this Unified Development Code, adopted
Ordinance Attachment A-Jefferson County Code Page 28/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
plans, and regulations. The staff report shall include proposed findings, conclusions, and
recommendations for disposition of the development application.
(3) Upon receiving a recommendation from the administrator or notice of any other matter
requiring the hearing examiner's attention (e.g., an appeal of a Type II administrative decision),
the hearing examiner shall perform the following actions as appropriate:
(a) Hold an open record hearing on a Type III permit application and make a decision after
reviewing the recommendation of the administrator; or
(b) Hold an open record appeal hearing and make a decision on the following matters:
(i) Appeals of Type II administrative decisions;
(ii) Appeals of administrative interpretations made under Article VI of this chapter;
(iii) Appeals of SEPA threshold determinations made pursuant to Article X of this
chapter (other than determinations of significance); and
(iv) Other matters not prohibited by law.
(4) The hearing examiner shall conduct a public hearing on all Type III development proposals
and appeals listed under subsection (3)(b) of this section. Notice of the hearing examiner
hearing shall be in accordance with JCC 18.40.230.
(5) Repealed by Ord. 12-19.
(6) In the hearing examiner's decision regarding Type III actions and appeals of Type II
administrative decisions, the hearing examiner shall make written findings and conclusions.
[Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.290 Board of county commissioners action (Type IV decisions).
(1) The board of county commissioners shall make a decision after reviewing Type IV actions
during a regularly scheduled meeting.
(2) In its decision, the board of county commissioners shall make its decision by motion,
resolution or ordinance, as appropriate. [Ord. 8-06 § 1]
18.40.300 Final decision.
(1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and
Type II and III project permit decisions under this code shall be final unless appealed pursuant
to Article V of this chapter.
(2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of
certain Type V decisions, as more fully set forth in Chapte chapter 18.45 JCC, the board of
county commissioners shall be in writing and shall include findings and conclusions based on
the record.
(3) Notice of Final Decision.
(a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final
decision, the administrator shall provide a notice of decision that includes a statement of all
Ordinance Attachment A-Jefferson County Code Page 29/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
determinations made under SEPA and the procedures for administrative appeal, if any, of
the permit decision. The notice of decision may be a copy of the report or decision on the
project permit application. It shall also state that affected property owners may request a
change in valuation for property tax purposes notwithstanding any program of revaluation
fully set forth in RCW 36.7013.130. The administrator shall post a copy of the decision on
the County on-line permit system, DCD website, and provide the notice of decision to the
county assessor's office.
(b) A copy of the notice of decision shall be mailed, emailed, or hand delivered to the
applicant, any person who, prior to the rendering of the decision, requested notice of the
decision, and to all persons who submitted substantive written comments on the
application. The notice of decision shall be provided to the Jefferson County assessor.
(4) Timing of Notice of Final Decision.
In order to
meet the following time periods outlined in RCW 36.70B, as amended, applicants are required
to submit more detailed and thorough applications, obtains discretionary approvals for their
projects, and have received approvals from other department or agencies besides DCD. The
permit applications as classified in Table 8-1 should be processed within the following time
periods after the applicant files a complete application, subject to JCC 18.40.100:
(a)Type I permits not listed in JCC 18.40.080(l) should be processed and a notice of
decision issued within 65 calendar days.
(b)All Type II permits should be processed and a notice of decision or preliminary approval
issued within 100 calendar days.
(C) All Type III permits should be processed and a notice of decision or preliminary approval
issued within 170 calendar days.
(0-The above time deadlines may be amended if: unless:
Cq
_(ia) Certain days are excluded from the time calculation pursuant to subsection (5) of
this section;
_(iib) The application involves a shoreline permit application for limited utility extensions
(RCW 90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a
single-family residence and its appurtenant structures from shoreline erosion. In those
cases, the decision to grant or deny the permit shall be issued within 21 calendar days of
the last day of the comment period specified in JCC 18.40.220(2);
(iiid) The application involves a final short plat application under Article III of
Chapte 18.35 JCC, or a final long plat application under Article IV of Chapterchapter
18.35 JCC. In such cases, the application shall be approved, disapproved or returned to the
applicant within 30 days from the date of the determination of completeness; er
(i_ve) The administrator makes written findings that a specific amount of additional time
is needed to process the project permit or application, consistent with JCC 18.40.310
(Expiration of applications)., or
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(v) The applicant and DCD mutually agree to an extension of time deadlines in writing_
(5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the
number of calendar days that have elapsed since the determination of completeness, the
following periods shall be excluded:
(a) Any period during which the applicant has been requested by the county to correct
plans, perform studies, or provide additional information. The period shall be calculated as
set forth in JCC 18.40.110(6)(b).
(b) If substantial project revisions are made or requested by an applicant, the 124-calendar
days wH4shall be calculated from the time the county determines the revised application is
complete and issues a new determination of completeness.
(c) All time required for the preparation of an environmental impact statement (EIS)
following a determination of significance (DS) pursuant to Chapterchapter 43.21C RCW.
(d) Any period for open record appeals of project permits under KC 18.40.330; pFevided,
ca'eRd.F days.
(e) Any extension of time mutually agreed upon by the county and the applicant.
(f) Any time required for the preparation of an administrator's code interpretation pursuant
to Article VI of this chapter.
(g) Any time required for the hearing examiner to enter findings of fact and conclusions of
law, and issue a decision after the public hearing is closed.
(6) The time limits established in this chapter do not apply if a project permit application:
(a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified
Development Code; or
(b) Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200.
this faet to the pFejeEt app'*Eaigt. The netice shall include a statement ef reasens why the tiffle
(87) Effective Date. The final decision of the administrator, hearing examiner, or board of
county commissioners shall be effective on the date stated in the decision, motion, resolution or
ordinance; provided, however, that the appeal periods shall be calculated from the date of the
decision, as further provided in ]CC 18.40.330 and 18.40.340. [Ord. 12-19 § 4 (Appx. Q Ord.
14-18 § 4 (Exh. B); Ord. 8-06 § 1. Formerly 18.40.320]
18.40.310 Expiration of applications.
(1) A land use application shall be null and void if the applicant fails to submit the requested
additional information under KC 18.40.110, within 180 calendar days from the department's
request or within a time period as specified by the hearing examiner. Appimeations pending as ef-
Ordinance Attachment A-Jefferson County Code Page 31/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Gcteber 1, 2919, shall have 189 days te provide the requested additienal infeFfflatien PFOeF te
of th;. seat,,,. Land use applications expired under this section shall forfeit all application fees.
(2) The administrator may grant one or more 180-day extension(s) of time for land use
application(s) that:
(a) Have made substantial progress in obtaining required approvals and have minor
approvals remaining;
(b) Have submitted written proof demonstrating a path for obtaining all remaining
approvals within the 180-day extension; or
(c) Demonstrate other written justifiable cause to the administrator.
(3) The administrator may review a land use application(s) and make any necessary corrections
to the application(s) expiration date caused by inaccurate and/or missed data entries.
Documentation of such corrections shall be made part of the file's written record. [Ord. 12-19 §
4 (Appx. C)]
18.40.320 Vesting of applications.
(1) Purpose. The purpose of this section is to provide for vesting of land use applications and
permits under this title, consistent with state law. ,
s vested pursuant te this seEtien te the regulations app"Eable te the appimEatien until the permit,
(2) Applicability.
(a) This section applies to Eemplete land use appleEatiens undeF this title, complete
applications for building permits (RCW 19.27.095(4-)), complete applications for t#re-
proposed division of land (RCW 58.17.033(+)), and complete applications under
development agreements (RCW 36.70B.180) ,
(b) This section does not vest applications to development regulations required by federal
or state law that are subject to final approval by a federal or state agency, including but not
limited to applications for permits under the Shoreline Master Program, Chapterchapter
18.25 ]CC, or Flood Damage Prevention, Chapte chapter 15.15 JCC.
(c) This section does not apply to issued permits or approvals.
(d) This section does not apply to legal lot of record determinations pursuant to
Chapterchapter 18.12 ]CC or to site development review pursuant to Article VII of this
chapter (JCC 18.40.420 et seq.).
(3) Vesting of Applications.
(a) A complete application under ]CC 18.40.110 shall vest consistent with
applicability ef-
thes seet;en and state law.
Ordinance Attachment A-Jefferson County Code Page 32/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(b) A Eengplete appliEatien subjeet te vesting pursuant te this seEtien shall be subjeEt te all
(eb) A complete application is vested for the specific use, density, and physical development
that is identified in the application submittal, provided the permit is not required by state or
federal law, including any applicable statue or regulation. .
(d) The applicant is responsible for monitoring the time limitations and review deadlines for
the application. The county shall not be responsible for maintaining a valid application. If
the application expires, a new application may be filed with the department, but shall be
subject to the development regulations in effect on the date of the new application is
complete.
(e) Substantial revisions to applications which increase the specific uses, density, or
physical development are subject to vesting at the time of the major or substantial revision.
Substantial revisions shall be considered a new application consistent with ]CC
18.40.110(7).
(1) WaiveF ef Vesting. An appliEant may veluntaNy waive vested Fights at any tinge duFiRg the
stating that the app"Eant agrees te eengply with all develepment FegulatieRs in effeEt en the
18.40.325 Suspension, revocation, or modification of permits.
(1) The hearing examiner may suspend, revoke, or modify a Type I, II, or III land use permit or
approval after a notice of noncompliance to the affected parties, a recommendation from the
administrator, a public hearing consistent with the Hearing Examiner Rules of Procedure, and
with written findings when:
(a) Decision, approval, or permit was obtained by fraud, misrepresentation, or clear
inadvertent error;
(b) Use for which such decision, approval, or permit was granted is not being exercised
within three years of approval, unless the decision, approval, or permit provides for a
greater period of time or the administrator has authorized an allowable extension of time;
(c) Use for which decision, approval, or permit was granted ceased to exist or has been
suspended for three years or more unless the administrator has authorized an allowable
extension of time;
(d) Decision, approval, or permit is being, or recently has been exercised contrary to the
terms or conditions of such decision, approval, or permit or is in violation of any local or
state law or regulation; or
(e) Use for which decision, approval, or permit was granted was so exercised as to be
detrimental to the public health or safety, or so as to constitute a public nuisance. [Ord. 12-
19 § 4 (Appx. C)]
Ordinance Attachment A-Jefferson County Code Page 33/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Article V. Appeals
18.40.330 Administrative appeals.
In the absence of a specific right of appeal authorized under this UDC, there shall be no right to
administrative appeals.
(1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding
the appropriate permit process to be used for discretionary conditional use permit applications
(i.e., "C(d)" uses listed in Table 3-1 in JCC 18.15.040) under JCC 18.40.520, are not appealable
to the hearing examiner. HeweveF,
(2) Type II Permits.
(a) The administrator's final decision on a Type II permit application may be appealed by a
party of record to the hearing examiner for an open record appeal hearing as further set
forth in JCC 18.40.280. The responsible official's SEPA determination of nonsignificance
(DNS) or mitigated determination of nonsignificance (MDNS) may also be appealed by a
party of record to the hearing examiner for an open record appeal hearing. Administrative
appeals of a DS or draft or final EIS are not allowed.
(b) All appeals of Type II permit decisions must be in writing, conform with the procedures
for appeal set forth in Chapterchapter 2.30 JCC and the Hearing Examiner Rules of
Procedure and shall be filed within 14 calendar days after the notice of decision is issued.
Appeals of threshold determinations under SEPA, except for a determination
of significance (DS), shall be consolidated with any open record hearing on the project
permit. (See RCW 36.70B.110(6)(d).)
(3) SEPA Decisions.
(a) The responsible official's DNS or MDNS may be appealed to the hearing examiner by the
applicant or anyone commenting on the environmental impacts of the proposal (as further
set forth in JCC 18.40.780). The appeal must be in writing, in conformance with
Chapterchapter 2.30 JCC and the Hearing Examiner Rules of Procedure, and be filed within
14 calendar days after the threshold determination is issued as set forth in subsection
(3)(b) of this section. Appeals of environmental determinations under SEPA shall be
consolidated with any open record hearing on the project permit. (See RCW
36.70B.110(6)(d).) Administrative appeals of a DS or draft or final EIS are not allowed.
(b) The SEPA appeal period shall be calculated from the date the decision is issued
pursuant to WAC 197-11-340(2)(d). [Ord. 12-19 § 4 (Apex. C); Ord. 8-06 § 1]
18.40.340 Judicial appeals.
(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final
decision of the administrator or hearing examiner to a court of competent jurisdiction in a
manner consistent with state law. All appellants must timely exhaust all administrative remedies
prior to filing a judicial appeal.
(2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in RCW 36.70C.040, within the applicable time period.
Ordinance Attachment A-Jefferson County Code Page 34/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing
all records ordered certified by the court or desired by the appellant for the appeal. Prior to the
preparation of any records, the appellant shall post an advance fee deposit in an amount
specified by the county auditor with the county auditor. Any overage w 4ishall be promptly
returned to the appellant. [Ord. 12-19 § 4 (Appx. Q Ord. 8-06 § 1]
Article VI. Unified Development
Code Interpretation
18.40.350 Purpose.
An interpretation of the provisions of this Unified Development Code is intended to clarify
conflicting or ambiguous wording, interpret proper classification of a use, or interpret the scope
or intent of the provisions of this code; provided, however, that interpretations of the provisions
adopted under the Jefferson County building code, Chapterchapter 15.05 JCC, or its successor
ordinance, may not be requested under this article. An interpretation of the provisions of this
code may not be used to amend the code. Further, code interpretations are not considered a
project permit action subject to "typing"and the public notice requirements contained in Articles
I through V of this chapter. [Ord. 8-06 § 1]
18.40.360 Submission requirements.
(1) Who May Request Interpretation. Any person may request a written interpretation of the
provisions of this code. Additionally, the administrator may issue an interpretation on the
administrator's own initiative.
(2) The administrator may require that any request that seeks interpretation of more than four
UDC sections be broken down into smaller requests, each requiring the standard fee. The
administrator may limit the code interpretation to what is deemed necessary to clarify the
section and may decline responding to requests that are deemed excessive or onerous or those
that ask hypothetical questions.
(3) Submittal Requirements. Any person requesting an interpretation of this code shall submit a
written request specifying each provision of the code for which an interpretation is requested,
why an interpretation of each provision is necessary, and any reasons or materials in support of
a proposed interpretation. The applicant shall pay the fee set forth in the Jeffersen Geuntymost
recently adopted DCD fee schedule eFd4nanee or an administrator's interpretation.
(4) Factors for Consideration. In making an interpretation of the provisions of this code, the
administrator should consider the following, as applicable:
(a) The applicable provisions of this code, including its purpose and context;
(b) The implications of the interpretation for development within the county as a whole,
including the precedent the interpretation wfl4shall set for other applicants; and
(c) Consistency with the Jefferson County Comprehensive Plan and other relevant
ordinances and policies.
(5) Conflicts with Other Regulations. Where conflicts occur between the provisions of this code
and the Jefferson County building code, Ghapterchapter 15.05 JCC, or its successor ordinance,
or other regulations of the county, the more restrictive shall apply. If any conflict between the
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land use districts map and the text of this code ensue, the text of this code shall prevail. [Ord.
8-06 § 1]
18.40.370 Administrator's decision.
(1) The DCD administrator's decision on a request for an interpretation shall include the name
of the applicant, the description of the subject proposal, the language of the provisions of this
code subject to interpretation, the explanation of the DCD administrator's interpretation, and
any other necessary information reasonably related to the proposal.
(2) Response to Written Request. The DCD administrator shall mail a written response to any
person filing a written request to interpret the provisions of this code within 28� na90 days
of having received the request or as soon as reasonably practicable; provided, however, that
when a request is made by a permit applicant while a project is pending and after a
determination of completeness has been issued, the permit applicant must agree to waive the
time frame required under Article IV of this chapter to allow for preparation of the
interpretation, and any changes to the project that the interpretation might require. [Ord. 8-06
§ 1]
18.40.380 Time limitation and enforcement.
(1) Time Limitation. An interpretation of this code remains in effect unless and until rescinded in
writing by the administrator, or superseded by a formal amendment under JCC 18.45.090.
(2) Enforcement. An interpretation of this code issued in accordance with this article may be
enforced in the same manner that any provision of this code is enforced (see K&Title 19 JCC).
All written interpretations of this code, with a current index of such interpretations shall be
maintained by DCD and made available for public inspection. [Ord. 8-06 § 1]
18.40.390 Appeals of administrator's interpretations.
When an interpretation is made in response to a written request pursuant to the provisions of
this article, the person filing the written request may appeal the decision of the administrator to
the hearing examiner within 14 calendar days of the decision using the process for appeals of
Type II permit decisions as set forth in JCC 18.40.330, Chap chapter 2.30 JCC, and the
Hearing Examiner Rules of Procedure. The fee for such appeal shall be as set forth in the
most recently adopted DCD fee schedule and must be paid by
the appellant at the time of filing the appeal. [Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.40.400 .judicial appeal.
Appeals from the final decision of the hearing examiner shall be made to the Jefferson County
superior court within 21 calendar days of the date the decision or action becomes final, as set
forth in JCC 18.40.340. All appeals must conform to the provisions of JCC 18.40.340, and are
subject to the requirements set forth in that section. [Ord. 8-06 § 1]
Article VII. Site Development Review Process2
18.40.420 Purpose.
The purpose of this article is to provide owners or developers of land a means to obtain an
assessment of site requirements for development of a parcel witheA- rip or to applying for a
development permit. Site development review is an assessment of the physical aspects and
constraints of the site for the purpose of development. While a site development reviewi-t will
not vest a property to development regulations, it-a site development review provides for a
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professional analysis of the site according to current development regulations. Vesting for
development purposes may only occur in the manner outlined in ]CC 18.40.320. Site
development review is intended to reduce the cost of development and aid in the facilitation of
predevelopment financing for applicants. [Ord. 9-22 § 5 (Appx. D)]
18.40.430 Applicability.
(1) Site development review shall be required prior to land disturbing activity or any
development activity; submittal of any development permit application, on-site sewage system
permit application pursuant to Chapter 8.15 ]CC, land use permit application, or land division
permit application, or prior to any process to adjust property boundaries, including
condominimization.
(2) Any landowner or their representative who wishes to make application for development shall
use the site development review process to determine whether their site is a legal lot of record
and buildable. No development application may vest until the site development review is
completed.
(3) PFeperties that meet base density peF jGC 18.12.059(l)(b)(4) 6F the pFevisieRs ef ice
(4)-Site development review is not required for the following:
(a) Mechanical, plumbing replacement, hot water, propane, reroofing, and window
replacement permits;
(b) Permits for cell tower alteration and modification; and
(c) Interior remodels that do not increase the building's footprint or include land disturbing
activity, or are not substantial improvements pursuant to Chapterchapter 15.15 ]CC.
(d) The administrator may waive or modify the SDR requirements for Legal Lots of Record
that contain existing legally established development (met criteria in place when
established) through a limited site development review, provided the proposals meet the
following criteria:
i. Residential Development only. The proposal is for residential structures including
common appurtenant structures such as garages workshops addition to existing legal
structure, installation and/or replacement of septic system; and
ii. Sited within Developed and/or Disturbed Areas. The proposed development is located
within previously authorized or properly permitted disturbed areas; and
�Jii.Complies with Jefferson County Unified Development Code (UDC The proposed
development complies with current shoreline critical areas zoning and other UDC
requirements.
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(5) Any repair requiring an emergency permit under JCC Ttitle 8 or 15 JCC, or this title, or in
circumstances that qualify as an emergency constituting an immediate public health and safety
hazard, in the opinion of the director, does not require site development review prior to
executing the repair to alleviate the hazard. The director at their discretion may require the
applicant to apply for site development review after the fact. [Ord. 9-22 § 5 (Appx. D)]
18.40.440 Application requirements.
(1) Each application for site development review shall include:
(a) A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the application
with the written consent of all owners of the affected property, and proof of ownership of
the property;
(b) Identification of a single contact person or entity to receive determinations and notices
required by this code;
(c) A legal description of the site, including the Jefferson County assessor's parcel number;
(d) Payment of the applicable fee as set forth in the ' tiymost recently adopted
fee 0FElinaHEeschedule;
(e) A written description of the specific proposed use of the property for which the
application is being submitted; and
(f) Sufficient documentation to evidence that a lot or parcel is a legal lot of record. The
administrator in their sole discretion may require one or more of the following types of
documentation for review:
(i) Recorded plat or associated AFN.
(ii) Approved unrecorded subdivision.
(iii) Deed prior to August 11, 1969.
(iv) Prior recognition of legal lot status by the county.
(v) Title report.
(vi) Deed history.
(vii) Tax history.
(2) Any landowner or representative who applies for site development review under this article
and is proposing a commercial, industrial, small-scale recreational and tourist use, or
multifamily residential use listed as a "Yes" use in Table 3-1 in JCC 18.15.040 (or classified as
such by the administrator), may be required to submit information in addition to the specific
submittal requirements of JCC 18.40.100(1) through (4), where determined by the
administrator to be necessary for the site development review application.
(3) The administrator may waive specific submittal requirements determined to be unnecessary
for site development review. [Ord. 9-22 § 5 (Appx. D)]
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18.40.450 Application review.
Review of applications for site development review shall be as follows:
(1) Review Procedures. When the administrator determines that an application is technically
complete, as defined in JCC 18.40.110, the application shall be processed as a Type I permit
(2) Referral and Review of Application. The administrator shall transmit a copy of the
application, or appropriate parts of the application, to affected agencies and county
departments for review and comment. [Ord. 9-22 § 5 (Appx. D)]
18.40.460 Approval criteria.
(1) Site development review permits shall be approved upon showing that all of the following
have been satisfied:
(a) The proposed development conforms to all applicable county, state and federal, land
use, environmental and health regulations and plans, including, but not limited to the
following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this title, including any incorporated standards;
(b) All lots in the proposed development must be legal lots of record in compliance with the
requirements of Chapterchapter 18.12 ]CC;
(c) Adequate provisions for utilities and other public services necessary to serve the needs
of the proposed site plan have been demonstrated, including open spaces, drainage ways,
roads, and other public ways, drinking water, sewage disposal, fire flow and other
improvements;
(d) The site contains one or more development envelopes large enough to accommodate
the use proposed; and
(e) The proposed development will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
(2) The submittal of additional information may be required by the department to determine
whether site development review eaRmay be approved, or as a condition of approval. Additional
information includes, but is not limited to the following: a critical areas study, special flood
hazard area information, stormwater review, roads and utility review, a water availability
statement, and soil logs and other applicable information necessary to determine compliance
with the Jefferson County department of public health regulations regarding on-site septic
disposal. [Ord. 9-22 § 5 (Appx. D)]
18.40.470 Limitations on approval.
(1) An approved site development review shall not constitute vesting of development
regulations or specific site features or improvements (e.g., wells, septic systems, stormwater
drainage facilities, etc.). Any site with an approved site development review shall not be
immune from changes in county, state, or federal laws which are enacted or have an effective
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date after the date of approval affecting the performance and implementation of the associated
use or development.
(2)
(,}Approval under this section does not constitute authority to commence any development or
building activity until such time as final authorizing permits are issued. Approval of a site
development review permit application does not vest the proposed use or development. The
approval certifies the suitability of a site for the proposed use or development at the time of
application processing only. [Ord. 9-22 § 5 (Appx. D)]
18.40.480 Modifications to an approved site plan.
(1) Minor modifications to a previously approved site development review under this article may
be requested by the applicant and approved by the administrator subject to the provisions for
Type I decisions; provided, that the modification does not involve any of the following:
(a) A change of proposed land use to one other than that approved for the original site
plan;
(b) The location or relocation of a road or street (excluding driveways, internal parking or
accessways);
(c) An adjustment that crosses land use district boundaries where the administrator
reasonably believes that the adjustment is intended to serve as a rationale for a future site-
specific land use district redesignation application;
(d) The creation of an additional lot, tract or parcel;
(e) Would create a site plan for a parcel that does not qualify as a building site pursuant to
this code;
(f) Would make the site plan inconsistent with any restrictions or conditions of approval for
a recorded short plant, long plat, boundary line adjustment, plat amendment or binding site
plan.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will ret shall be inconsistent with the previously approved site
development review; and
(b) The modification wWshall not cause the site development review to violate any
applicable county policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or
exceed the criteria set forth in subsection (2) of this section, shall be processed as a new site
development review application. [Ord. 9-22 § 5 (Appx. D)]
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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Article VIII. Conditional Uses
18.40.490 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the application of
the use regulations contained in this code in order to accommodate uses that may be
appropriate in an established district under certain circumstances, but inappropriate in the same
district under others. At the time of application, a review of the location, design, configuration,
and potential impact of the proposed use shall be conducted by comparing the use to the goals
and policies established in the Jefferson County Comprehensive Plan and to adopted
development standards. This review shall determine whether the proposed use should be
permitted by weighing the public need or the benefit to be derived from the use against the
impact that it may cause. [Ord. 8-06 § 1]
18.40.500 Scope.
This article shall apply to each application for a conditional use permit. Only those uses
indicated by a "C(a),""C(d)"or"C" opposite the use in Table 3-1 in ]CC 18.15.040 will be
considered for a conditional use permit. [Ord. 8-06 § 1]
18.40.510 Application submittal and contents.
(1) The application for a conditional use permit shall be submitted to DCD on forms provided by
the department, along with the appropriate fees established under the geffeFsen Ge most
recently adopted DCD fee schedule. eFdiflanEe. The application shall include all materials
required pursuant to ]CC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be unnecessary
for review of an application. [Ord. 8-06 § 1]
18.40.520 Conditional use permit types— Review processes.
(1) Applications for uses listed as an administrative conditional use permit (i.e., "Qa)'� in Table
3-1 in JCC 18.15.040 shall be processed according to the procedures for Type II land use
decisions established in Article IV of this chapter.
(2) Applications for uses listed as discretionary conditional use permits (i.e., "C(d)'� in Table 3-1
in ]CC 18.15.040 shall, at a minimum, be processed according to the procedures for Type II
land use decisions established in Article IV of this chapter. However, in accordance with this
subsection, the administrator may on a case-by-case basis refer a discretionary conditional use
permit application to the hearing examiner to be processed according to the procedures for
Type III land use decisions established in Article IV of this chapter.
(a) Required Findings. Prior to referring an application for a use listed as"C(d)" in Table 3-1
in ]CC 18.15.040 to the hearing examiner, the administrator shall make one or both of the
following findings:
(i) In the discretion of the administrator, the
application involves potentially significant issues relating to location, design,
configuration, and potential impacts to surrounding properties and the community that
eanmay be more appropriately considered and addressed through an open public
record pre-decision hearing before the Jefferson County hearing examiner; or
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(ii) In the discretionexElasive, diSEFetienary jbidgirrien of the administrator, the
application seeks approval of a use involving complex legal issues necessitating special
expertise in the decision-maker.
(b) Timing. The administrator may determine whether or not to refer an application to the
hearing examiner for a public hearing, concurrent with the determination of completeness
required under JCC 18.40.110(1), or after the public comment period has expired.
(c) Discretion of the Administrator. The administrator's decision to refer an application to
the hearing examiner under this subsection to be processed as a Type III application shall
be for the purpose of affording maximum fairness in decision-making and procedural due
process protection, and shall not affect the substantive applicability of local, state or federal
policies or law applicable to any permit application. The decision to refer any application to
the hearing examiner to be processed as a Type III application rests exclusively within the
discretion of the administrator.
(d) No Notice or Hearing Required. Because the administrator's decision to refer (or not to
refer) an application for a use listed as"C(d)" in Table 3-1 in JCC 18.15.040 to the hearing
examiner for a public hearing rests solely in the administrator's discretion, the county is not
required to provide prior notice of the administrator's decision. The administrator shall not
be required to hold a public hearing on such a decision. The decision of the administrator
made pursuant to this subsection (2) shall not constitute an appealable administrative
decision.
(3) Applications for uses listed as a "C" in Table 3-1 in JCC 18.15.040 shall be processed
according to the procedures for Type III land use decision established in Article IV of this
chapter. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.530 Approval criteria for all conditional uses.
(1) The county may approve or approve with modifications an application for a conditional use
permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as "C(a),""C(d)" or"C'� if all of the
following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and appearance
with the existing or intended character and quality of development in the vicinity of the
subject property and with the physical characteristics of the subject property;
(b) The conditional use w iRshall be served by adequate infrastructure including roads, fire
protection, water, wastewater disposal, and stormwater control;
(c) The conditional use w 4fshall not be materially detrimental to uses or property in the
vicinity of the subject parcel;
(d) The conditional use w H4shall not introduce noise, smoke, dust, fumes, vibrations, odors,
or other conditions or which unreasonably impact existing uses in the vicinity of the subject
parcel;
(e) The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use w fl4shall not unreasonably interfere with allowable
development or use of neighboring properties;
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Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(f) The pedestrian and vehicular traffic associated with the conditional use wdlshall not be
hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
(g) The conditional use complies with all other applicable criteria and standards of this title
and any other applicable provisions of the Jefferson County Code or state law; and more
specifically, conforms to the standards contained in Cerchapters 18.20 and 18.30 ]CC;
(h) The proposed conditional use wH4shall not result in the siting of an incompatible use
adjacent to an airport or airfield;
(i) The conditional use wH4shall not cause significant adverse impacts on the human or
natural environments that cannot be mitigated through conditions of approval;
(j) The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson
County Comprehensive Plan; and
(1) The public interest suffers no substantial detrimental effect. Consideration shall be given
to the cumulative effect of similar actions in the area.
(2) In instances where all of the above findings cannot be made, the application shall be
denied.
(3) The administrator may consider applications for modifications of lawfully established
conditional uses and developments approved under this code and conditional uses in existence
on December 18, 2000, when the application proposes to bring the existing use substantially
closer to compliance with the standards of this code. The administrator may approve,
conditionally approve, or deny the modification application. A site plan conforming to the
provisions of this chapter and Article II, Project Permit Applications (Type I — IV), of this
chapter shall accompany the application showing the location, size and type of modification
proposed by the applicant.
(4) Modifications may be approved by the administrator under Type I review procedures;
provided, that the cumulative modifications of the approved use w+4shall not exceed the
following limitations:
(a) The modification wMshall not increase residential use by more than one unit, if allowed
by the land use district;
(b) The modification "shall not increase the required amount of parking by more than 20
percent or 20 spaces (whichever is less);
(c) The proposed modification wiffshall not expand the total square footage of all structures
and/or outdoor use areas, excluding parking, by more than 20 percent. In addition, the
proposed expansion of the structure shall not result in total size of the structure exceeding
the maximum building size limits in GhaptefLhapter 18.30 JCC;
(d) The modification wH4shall not change or modify any special condition imposed under any
previous official review;
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(e) The modification wiiishall not significantly reduce the amount or location of required site
screening;
(f) The modification wH4shall not expand an existing nonconforming use or structure, or
render a conforming use or structure nonconforming;
(g) The modification wi+lshall not establish a new use;
(h) The modification wvtiishall not expand a mining/site operation, mineral processing or
mineral batching activity;
(i) In the determination of the administrator, the modification wd4shall not create or
materially increase any adverse impacts or undesirable effects of the project, or cause the
use or structure to become inconsistent with the Comprehensive Plan or the purpose of the
land use class and district.
(5) All proposed uses, structures and site improvements (and modifications thereof) shall
comply with the development standards of this code.
(6) Any proposed modification that does not meet all the requirements of this subsection shall
not be approved through this process, but shall be reviewed through the current review
procedures as outlined by this chapter.
(7) Decisions to administratively approve modifications shall be administered through a
consistency review of development permits in accordance with this code and any previous
conditions of approval. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.540 Additional conditions.
The county may impose additional conditions on a particular use if it is deemed necessary for
the protection of the surrounding properties, the neighborhood, or the general welfare of the
public. The conditions may:
(1) Increase requirements in the standards, criteria or policies established by this code;
(2) Stipulate an exact location for the conditional use on the subject property as a means of
minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
(3) Require structural features or equipment as a means of minimizing hazards to life, limb,
property damage, erosion, landslides or traffic; or
(4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted
in the same zone with respect to avoiding nuisance generating features in matters of noise,
odors, air pollution, wastes, vibration, traffic and physical hazards. [Ord. 8-06 § 1]
18.40.550 Use of property before final decision.
No building permit shall be issued for any use involved in an application for approval for a
conditional use permit until the conditional use permit is approved and becomes effective. [Ord.
8-06 § 1]
18.40.560 Effective period — Expiration.
(1) A conditional use permit automatically expires and becomes void if the applicant fails to file
for a building permit or other necessary development permit within three years of the effective
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date (the date of the decision granting the permit) of the permit unless the permit approval
provides for a greater period of time.
(2) Extensions to the duration of the original permit approval are prohibited.
(3) The department of community development shall not be responsible for notifying the
applicant of an impending expiration. [Ord. 8-06 § 1]
18.40.570 Modification of a conditional use permit.
The county may modify an approved conditional use permit as follows: the county may delete,
modify or impose additional conditions upon finding that the use for which the approval was
granted has been intensified, changed or modified by the property owner or by person(s) who
control the property without approval so as to significantly impact surrounding land uses. A
modification wd4shall be processed as a Type II land use decision pursuant to JCC 18,40.270.
[Ord. 8-06 § 11
18.40.580 Conditional use permit to run with the land.
A conditional use permit granted under this article shall continue to be valid upon a change of
ownership of the site, business, service, use or structure that was the subject of the permit
application. No other use is allowed without approval of an additional conditional use permit.
[Ord. 8-06 § 1]
18.40.590 Permit suspension or revocation.
The county may suspend or revoke an approved conditional use permit pursuant to Title 19
K-C upon finding that:
(1) The use for which the approval was granted has been abandoned for a period of at least
one year;
(2) Approval of the permit was obtained by misrepresentation of material fact; or
(3) The permit is being exercised contrary to the terms of approval. [Ord. 8-06 § 1]
18.40.600 Assurance device.
In appropriate circumstances, the administrator may require a reasonable performance or
maintenance assurance device, in a form acceptable to the county prosecutor, to assure
compliance with the provisions of this code and the conditional use permit as approved. [Ord.
8-06 § 1]
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
The purpose of this article is to ensure that all persons and their property are guaranteed equal
rights and opportunities under similar circumstances. A variance is never to be used to endow
certain persons or property with special privileges denied to all others under similar
circumstances. Variances may only be granted for dimensional, area and bulk requirements
(e.g., height, setbacks, yard size, lot coverage, frontage, floor area and the like) specified by
this code. [Ord. 8-06 § 1]
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18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except
for reasonable economic use variances and environmentally sensitive area buffer width
reductions, which shall be governed by the provisions of Article VI-D of Chapterchapter 18.15
JCC. [Ord. 8-06 § 1]
18.40.630 Application submittal and contents.
(1) The application for a variance shall be submitted to DCD on forms provided by the
department, along with the appropriate fees established under the jeffersen GeufAy most
recently adopted DCD fee schedule fee efdonance. The application shall include all materials
required pursuant to JCC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be unnecessary
for review of an application. [Ord. 8-06 § 1]
18.40.640 Variance types— Review processes.
The following are subject to this permit review process:
(1) Minor and Major Variances Distinguished.
(a) Minor variances include variances that would permit minor deviation from f-
an existing building, or a new development byextend no more than 10
percent beyond the dimensional, area`-and-bulk requirements, setback or lot coverage
requirements specified by this code.
The applicant shall demonstrate the pFepesed expansien proposed
deviation -would not:
(i) Constitute a threat to the public health, safety and general welfare;
ii Increase the nonconformity of the existing building; and
(ii) Result in any portion of the existing building being located closer to an
abutting property line than does the existing building at its nearest point to the
property line.
(b) Major variances include all other variances (i.e., all variances not described in subsection
(1)(a) of this section).
(2) Minor Variances. Applications for minor variances shall be processed according to the
procedures for Type II land use decisions established in JCC 18.40.270.
(3) Major Variances. Applications for major variances shall be processed according to the
procedures for Type III land use decisions established in Article IV of this chapter. [Ord. 8-06 §
1]
18.40.650 Approval criteria.
A variance may be granted only if the applicant demonstrates all of the following:
(1) The variance wi14shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and land use district in which the subject
property is located;
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(2) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the land use district in which the
subject property is located;
(3) The granting of the variance wfl4shall not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and land use district in which the
subject property is located;
(4) The special circumstances of the subject property make the strict enforcement of the
provisions of this code an unnecessary hardship to the property owner;
(5) The special circumstances are not the result of the actions of the applicant; and
(6) The variance is consistent with the purposes and intent of this Unified Development Code.
[Ord. 8-06 § 1]
18.40.660 Additional conditions.
In granting any variance, the decision-maker may prescribe appropriate conditions and
safeguards to assure that the purpose and intent of this code will not be violated. [Ord. 8-06 §
1]
18.40.670 Limitation on authority.
The administrator or hearing examiner (as applicable) may not grant a variance under this
article for the following:
(1) The provisions of this code establishing allowed, conditional, discretionary and prohibited
uses within the various land use districts (i.e., Table 3-1 in JCC 18.15.040);
(2) The density provisions of this code;
(3) The procedural or administrative provisions of this code; or
(4) Any provision of this code which, by its terms, is not subject to a variance. [Ord. 8-06 § 1]
18.40.680 Effective period — Expiration.
(1) A variance approval automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the date of the
decision granting the variance unless the variance approval provides for a greater period of
time.
(2) Extensions to the duration of the original variance approval are prohibited.
(3) The department of community development shall not be responsible for notifying the
applicant of an impending expiration. [Ord. 8-06 § 1]
18.40.690 Assurance device.
In appropriate circumstances, the administrator or hearing examiner (as applicable) may
require a reasonable performance or maintenance assurance device, in a form acceptable to the
prosecuting attorney, to assure compliance with the provisions of this title and the variance as
approved. [Ord. 8-06 § 1]
Ordinance Attachment A-Jefferson County Code Page 47/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
(1) This section contains county procedures and policies implementing the State Environmental
Policy Act (SEPA) (Chapterchapter 43.21C RCW). Jefferson County adopts this article under
RCW 43.21C.120, as amended, and WAC 197-11-904.
18.40.705 Adoption by reference.
(12) SEPA Rules — Adoption by Reference. The county hereby adopts by reference the SEPA
rules, Chapte chapter 197-11 WAC. The SEPA rules must be used in conjunction with this
article. This article contains uniform usage and definitions of terms under SEPA and the SEPA
rules.
82 The county adopts by reference the definitions in WAC 197-11-700 et seq., as
supplemented by Chapterchapter 18.10 JCC. [Ord. 8-06 § 1]
18.40.710 Purpose.
The purpose of this article is to adopt regulations that implement SEPA, consistent with the
SEPA rules. This is accomplished by ensuring that:
(1) Environmental values are considered in making land use and agency decisions, and
reasonable alternatives and conditions are identified and implemented to mitigate (as provided
in this article) the adverse environmental impacts of proposed actions on the environment;
(2) Adequate and timely environmental information is gathered and provided to decision-
makers, and procedural delay and duplication is avoided; and
(3) Opportunity for public involvement is included in the decision-making process. [Ord. 8-06 §
1]
18.40.720 Responsible official — Decision-making authority.
(1) The responsible official shall be the administrator.
(2) For those proposals for which the county is the lead agency, the responsible official is
vested with authority to and shall make the threshold determination, determine an exemption
(if any), supervise scoping and preparation of any required environmental impact statement
(EIS), administer the SEPA rules and this article, and perform any other functions assigned to
the "lead agency" or "responsible official" by the SEPA rules.
(3) The responsible official shall be responsible for the written comments of the county in
response to a consultation request:
(a) Prior to issuance of a threshold determination;
(b) For participation in scoping; or
(c) For review of a draft environmental impact statement (DEIS).
(4) The department of community development (DCD) shall maintain all documents required by
chapter 40.14 RCW Preservation and Destruction of Public Records)SE�u'es and make them
available in accordance with ChapteF chapter 42.56 RCW (Public Records Act).12.17 RCW (the
Ordinance Attachment A-Jefferson County Code Page 48/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
18.40.730 Lead agency determination and responsibilities.
(1) The county department receiving application for or initiating a proposal that includes a non-
exempt action shall determine the lead agency for the proposal under WAC 197-11-050 and
WAC 197-11-922 through 197-11-940, unless lead agency has been previously established.
(2) When the county is lead agency, the responsible official shall supervise compliance with
threshold determination requirements. If an EIS is required, that official shall supervise
preparation of the EIS.
(3) When the county is not lead agency, the county shall use and consider the determination of
nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), or final
environmental impact statement (FEIS) of the lead agency in making decisions on the proposal.
Unless required under WAC 197-11-600 no DNS or EIS in addition to that issued by the lead
agency shall be prepared. The county may, however, conduct supplemental environmental
review under WAC 197-11-600.
(4) If the county receives a lead agency determination that appears inconsistent with criteria
contained in WAC 197-11-922 through 197-11-940, it may object to the determination.
Objection must be made to the agency that made the determination and must be resolved
within 15 calendar days of receipt of the determination, or the county must petition the
Department of Ecology for lead agency determination under WAC 197-11-946 within the 15-
calendar-day period. The responsible official may initiate any such petition on behalf of the
county.
(5) Any county department making lead agency determination for a private proposal shall
require sufficient information to identify all other agencies with jurisdiction over the proposal.
[Ord. 8-06 § 1]
18.40.740 Initiation of SEPA review — Limitations on actions during review.
(1) Initiation of Review. The county's SEPA process begins when a permit application is
submitted to the county, or when the county proposes to take an official action as defined in
WAC 197-11-704.
(2) Limitations on Actions during SEPA Process. Until the responsible official issues a final DNS
or FEIS and the SEPA appeal period has lapsed, the county shall not take any project action
(issuing permits, approvals, etc.) on a nonexempt project, or take any nonproject action
(decisions on policies, plans, programs, etc.), that would have an adverse environmental impact
or would limit the choice of reasonable alternatives. [Ord. 8-06 § 1]
18.40.750 Categorically exempt actions — Use of existing documents and
analyses.
(1) Categorically Exempt Levels.
(a) Except with the adoption of flexible threshold limits as set forth in subsections (1)(b)
through (e) of this section, Jefferson County adopts and incorporates by reference the
categorical exemption levels set forth in WAC 197-11-800.
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or
excavation activity in Jefferson County shall be 500 cubic yards.
Ordinance Attachment A-Jefferson County Code Page 49/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction
of a barn, loafing shed, farm equipment storage building, produce storage or packing
structure, or similar agricultural structure, covering 30,000 square feet, and to be used only
by the property owner or his or her agent in the conduct of farming the property. This
exemption shall not apply to feed lots.
(d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction
of an office, school, commercial, recreational, service or storage building with 12,000
square feet of gross floor area, and with associated parking facilities designed for up to 40
automobiles.
(e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40
automobiles shall be exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this
section do not require review under this article or the preparation of an environmental impact
statement, and may not be conditioned or denied under SEPA, except as provided in WAC 197-
11-305 and subsection (3) of this section.
(3) Use of Exemptions.
(a) The responsible official "shall determine the applicability of a categorical exemption.
The determination by the responsible official that a proposal is exempt from SEPA is final.
None of the procedural requirements of this article (except as provided in WAC 197-11-305
and this subsection) apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official shall
determine the lead agency pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize
exempt actions prior to compliance with procedural requirements of this article, except as
provided in subsections (3)(d) through (3)(g) of this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not
authorize the use of exemptions for:
(i) Actions that are not exempt;
(ii) Any action that would have a probable significant adverse environmental impact;
(iii) A series of exempt actions that are physically or functionally related which together
would result in a probable significant adverse environmental impact for the overall
project; or
(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to modification
of the physical environment when such modification would serve no purpose if nonexempt
action(s) were not approved (see WAC 197-11-305(1) (b)(i)).
Ordinance Attachment A-Jefferson County Code Page 50/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
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(f) The county may withhold approval of exempt actions that would lead to substantial
financial expenditures by a private applicant when the expenditures would serve no purpose
if the non-exempt action(s) were not approved
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall
remain exempt under SEPA even when located in one or more of the environmentally
sensitive areas (ESAs) classified, designated and mapped under Article VI-D of
Ghapter-chapter 18.15 ]CC. However, the categorical exemptions listed in WAC 197-11-800
shall not apply when undertaken wholly or partly on lands covered by water, regardless of
whether or not such lands are mapped as ESAs. Proposals in areas subject to this
subsection (3)(g) shall require environmental review and a threshold determination, and
may be conditioned or denied under this article (see WAC 197-11-756, 197-11-800, and
197-11-908).
(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation
of existing documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630,
and 197-11-635.
(5) Planned Actions.
(a) The county may, as part of its planning processes, elect to perform or have performed
for it in advance of any development proposal, the environmental review and analysis for
certain actions and their probable impacts. These "planned actions" must be so designated
by ordinance or resolution adopted by the county after the analysis of the actions and their
impacts has been completed.
(b) Planned actions must be located in an urban growth area, a master planned resort
(MPR), or a fully contained community, and meet the additional requirements contained in
RCW 43.21C.031(2).
(c) The analysis must be sufficient to identify and analyze all probable significant impacts
and most nonsignificant impacts of the actions, and to identify (and, optionally, provide) to
a great extent the mitigation necessary (i.e., the significant impacts must be "adequately
addressed" in an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a
development proposal being prepared under a planned action does not require a threshold
determination or the preparation of an environmental impact statement, but is subject to a
full environmental review of its impacts and full requirements for mitigation as identified
and specified by the review for the planned action in subsection (5)(c) of this section.
(e) If the environmental review identifies additional impacts not addressed by the planned
action, a checklist and threshold determination shall be required. [Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1]
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
(1) Submittal of Environmental Checklist.
Ordinance Attachment A-Jefferson County Code Page 51/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(a) A completed environmental checklist shall be submitted with any application for a
permit or approval not specifically exempted as per JCC 18.40.750(1). However, a checklist
is not required if the county and applicant agree that an EIS is required, if SEPA compliance
has been completed, or if SEPA compliance has been initiated by another agency. The
county shall use the checklist to determine lead agency and to make the threshold
determination if the county is lead agency.
(b) Applicants for private proposals shall complete the checklist, and the county shall
provide assistance as appropriate. For county proposals, the department initiating the
proposal shall complete the checklist.
(2) Review of Project Impacts. The responsible official shall review the checklist, other
information about a project, and the applicable regulations to review the environmental impacts
of the project and make a threshold determination. In making this review the responsible
official may determine:
(a) All of the project's probable significant adverse environmental impacts have been
adequately identified and analyzed. If not, additional studies and analyses may be required;
(b) Some or all of the probable significant adverse environmental impacts have been
adequately addressed and mitigated in this UDC and other development regulations
adopted by Jefferson County, the Comprehensive Plan, or in other applicable local, state, or
federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by
the Growth Management Act (Chapte chapter 36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately
mitigated, the responsible official may condition the project with additional mitigation
measures or deny the permit;
(c) To determine if the probable significant adverse environmental impacts have been
addressed by an existing rule or law of another agency with jurisdiction, the county shall
consult orally or in writing with that agency and may expressly defer to that agency. In
making this deferral, the county shall base or condition its project approval on compliance
with that agency's rules or laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in part on
compliance with the requirements or mitigation measures identified in subsections (2)(b)(i)
and (2)(b)(ii), during project review the county shall not impose additional mitigation under
SEPA for those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or mitigation of
a project to adopt or otherwise rely on environmental analyses and requirements under
other laws, as provided by SEPA.
(3) Threshold Determination. The "threshold determination" is the decision regarding whether
there is a reasonable likelihood that the project *ifl,,h ill have a probable significant adverse
Ordinance Attachment A-Jefferson County Code Page 52/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
environmental impact on an element of the environment. A threshold determination is required
for any proposal that meets the definition of an "action" under WAC 197-11-704 and is not
categorically exempt, a planned action, or subject to WAC 197-11-600(3). The responsible
official shall make and publish the threshold determination for public comment as provided in
JCC 18.40.780:
(a) Determination of Significance (DS). If a project may have a probable significant adverse
environmental impact, a DS shall be issued, and an EIS shall be required. In determining an
impact's significance, the responsible official shall take into account the guidance in WAC
197-11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the
effects, and effects on environmentally sensitive or special areas; and
(ii) Mitigation measures that will be implemented. The responsible official shall not
balance whether beneficial aspects of a proposal outweigh its adverse environmental
impacts in determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse
environmental impact, a DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission
of an environmental checklist and prior to the responsible official's threshold determination
on a proposal, an applicant may ask the responsible official to indicate whether it is
considering a DS. If the responsible official indicates a DS is likely, the applicant may clarify
or change features of the proposal to mitigate the impacts that led the responsible official
to consider a DS likely. The applicant shall revise the environmental checklist as may be
necessary to describe the clarifications or changes. The responsible official shall make its
threshold determination based upon the changed or clarified proposal. If a proposal
continues to have one or more probable significant adverse environmental impacts, even
with mitigation measures, an EIS shall be prepared. The county's indication under this
section that a DS appears likely shall not be construed as a determination of significance.
Likewise, the preliminary discussion of clarifications or changes to a proposal shall not bind
the county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a
MDNS as provided in this subsection and in WAC 197-11-350, based on conditions attached to
the proposal by the responsible official or on changes to or clarifications of the proposal made
by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS
shall be deemed conditions of approval of the permit decision, and may be enforced in the
same manner as any term or condition of the permit. The county may incorporate
implementation or enforcement provisions in the MDNS and require performance
guarantees.
(b) If the tentative county decision on a permit or approval does not include mitigation
measures that were incorporated in a MDNS, the county shall evaluate the threshold
determination to assure consistency with WAC 197-11-340(3)(a) (i.e., withdrawal of a
DNS).
Ordinance Attachment A-Jefferson County Code Page 53/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(5) The responsible official shall provide for prompt and coordinated review by government
agencies and the public on compliance with applicable environmental laws and plans, including
mitigation for specific probable significant adverse impacts arising from the project that have
not been considered and addressed at the plan or development regulation level. The county
may clarify or change features in their own proposal, and may specify mitigation measures in
their DNSs, as a result of comments by other agencies or the public or as a result of additional
agency planning (see WAC 197-11-350).
(6) Durations of comment periods are as provided in ]CC 18.40.780. At the end of the comment
period the threshold determination becomes final unless retained, modified, or withdrawn, and
the appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final environmental
impact statement (FEIS) and supplemental environmental impact statement (SEIS) are the
responsibility of the county under the direction of the responsible official. Before the county
issues an EIS the responsible official must be satisfied that it complies with this article and
with ChapteFchapter 197-11 WAC. When a DS is issued, an opportunity w+Nshall be provided
to comment on the scope of the EIS that Y,414shall be developed.
(b) The DEIS, FEIS or SEIS wMshall be prepared by the county or by a consultant in
accordance with county procedures established for consultant selection. If the county
requires an EIS for a proposal and the responsible official determines that a consultant
vv44shall prepare the EIS, the applicant shall be so notified immediately after completion of
the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to provide
information the county does not possess. The applicant is not required to supply
information for the purpose of EIS preparation if such information is not required under this
article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is
prepared in a responsible manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all
substantive information submitted through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
(e) The responsible official shall maintain procedures for preparation of EISs in accordance
with the above.
(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff
recommendations to any appropriate decision-making body (e.g., the hearing examiner).
(9) The county shall not take any action on the project permit application until the SEPA appeal
period has lapsed.
Ordinance Attachment A-Jefferson County Code Page 54/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810.
[Ord. 8-06 § 1]
18.40.770 Substantive authority.
(1) The county may attach conditions to a permit or approval for nonexempt actions pursuant
to WAC 197-11-660; provided, that:
(a) The conditions are necessary to mitigate probable significant adverse environmental
impacts identified in environmental documents prepared pursuant to this code and
Chapterchapter 197-11 WAC;
(b) Such conditions are in writing;
(c) The mitigation measures included in such conditions are reasonable and capable of
being accomplished;
(d) The responsibility to implement the mitigation measures are imposed only to the extent
attributable to the identified adverse environmental impacts of the applicant's proposal,
although voluntary additional mitigation may occur;
(e) The county has considered whether the requirements of the Jefferson County
Comprehensive Plan and development regulations adopted to implement the Plan, as well
as other local, state, and federal laws or rules, provide adequate analysis of and mitigation
for probable significant adverse environmental impacts of the project proposal; and
(f) Such conditions are based on one or more policies in subsection (3) of this section.
(2) The county may deny a permit or approval for nonexempt actions pursuant to WAC 197-11-
660; provided, that:
(a) A finding is made that approving the proposal would be likely to result in probable
significant adverse environmental impacts that are identified in an FEIS or final SEIS
prepared pursuant to this code and Chapte chapter 197-11 WAC;
(b) A finding is made that there are no reasonable mitigation measures capable of being
accomplished that are sufficient to mitigate the identified impact;
(c) The denial is based on one or more policies set forth in subsection (3) of this section.
(3) The county designates and adopts by reference the following county plans, ordinances and
policies as the basis for exercise of county authority pursuant to this article:
(a) The county adopts by reference the policies in the following Jefferson County plans and
ordinances:
(i) The Jefferson County Comprehensive Plan, as now exists or may hereafter be
amended;
(ii) The Jefferson County Shoreline Master Program, as now exists or may hereafter be
amended;
(iii) This Unified Development Code, as now exists or may hereafter be amended;
Ordinance Attachment A-Jefferson County Code Page 55/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(iv) The Jefferson County building code, Chapte cha ter 15.05 JCC, as now exists or
may hereafter be amended;
(v) The Jefferson County flood damage protection ordinance, Chapterchaptef 15.15
JCC, as now exists or may hereafter be amended;
(vi) The Jefferson County stormwater management ordinance, JCC 18.30.070, as now
exists or may hereafter be amended;
(vii) The Jefferson County Road, Traffic and Circulation Standards, as they now exist or
may hereafter be amended;
(viii) The Secretary of the Interior's Standards for Rehabilitating Historic Buildings; and
(ix) All other county plans, ordinances, regulations and guidelines adopted after the
effective date of this Unified Development Code.
(b) The policies enumerated in RCW 43.21C.020.
(c) The county further designates and adopts the following policies as the basis for its
exercise of authority pursuant to this article. The county shall use all practicable means,
consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs and resources to the end that the state and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(ii) Assure for all people of the state of Washington and Jefferson County a safe,
healthful, productive and aesthetically and culturally pleasing surrounding;
(iii) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural and natural aspects of our national heritage;
(v) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources; and
(vi) Achieve a balance between population and resource use, which Wv 4shall permit a
high quality of life for all residents of Jefferson County. [Ord. 8-06 § 1]
18.40.780 Public notice and comment.
(1) When the responsible official makes a threshold determination and issues a DNS or MDNS
under WAC 197-11-340(2), the lead agency shall not act upon a proposal for fedrceer^r14 days
after the date of issuance. The responsible official shall send the DNS and environmental
checklist to agencies with jurisdiction, the department of ecology, and affected tribes and each
local agency or political subdivision whose public services would be changed as a result of
implementation of the proposal and shall give notice as set forth in JCC 18.40.210.
As an alternative, the responsible official sha4-may utilizeuse the "optional DNS process"
pursuant to WAC 197-11-355. Under this process, where the county is the lead agency for a
project and the responsible official has a reasonable basis for determining significant adverse
Ordinance Attachment A-Jefferson County Code Page 56/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
environmental impacts are unlikely, it shall use a single integrated 14-day comment period to
obtain comments on the notice of application and the likely threshold determination for the
proposal. When the "optional DNR process" is used, There there +n HI beis no second comment
period when following issuance of the DNS or MDNS a.
(a) The notice of application shall contain the information regarding the optional DNS
process as set forth in ]CC 18.40.190(11), and shall be noticed as set forth in ]CC
18.40.210. The notice of application and environmental checklist shall be sent to agencies
with jurisdiction, the Department of Ecology, affected tribes, and each local agency or
political subdivision whose public services would be changed as a result of the
implementation of the proposal, as well as anyone requesting a copy of the environmental
checklist for the specific proposal.
(b) For Type II projects, the threshold determination shall be issued concurrently with the
notice of the administrator's decision on the underlying project, as further set forth in JCC
18.40.300(3).
(c) For Type III projects, the notice of the threshold determination shall be issued
concurrently with the notice of public hearing on the underlying project before the hearing
examiner.
(d) If the county indicates on the notice of application that a DNS or MDNS is likely, an
agency with jurisdiction may assume lead agency status during the comment period on the
notice of application pursuant to WAC 197-11-355(3) and 197-11-948.
(e) Type I projects that are not categorically exempt from SEPA shall be subject to notice of
application and comment period provisions of]CC 18.40.150 through 18.40.220, as well as
the notice requirements of this section.
(f) If a DS is made concurrent with the notice of application, the DS and scoping notice
shall be combined with the notice of application; provided, however, that the DS/scoping
notice may be issued before the notice of application (RCW 36.7013.110). If sufficient
information is not available to make a threshold determination when the notice of
application is issued, the DS may be issued later in the review process (WAC 197-11-
310(6)). If the responsible official issues a DS under WAC 197-11-360(3), the responsible
official shall state the scoping procedure for the proposal in the DS, as required by WAC
197-11-408, by publishing notice in the official county newspaper.
(2) If the county issues a DEIS under WAC 197-11-455(5), FEIS under WAC 197-11-5460, or
SEIS under WAC 197-11-620, notice of availability of the documents shall be given by
publishing notice in the official county newspaper; by notifying groups which have expressed
interest in a certain proposal being considered; by notifying the news media; by sending notice
to agency mailing lists; and by other means deemed appropriate by the responsible official.
(3) The applicant shall be responsible for all costs of the public notice requirements under this
article.
(4) Comment periods begin with the publication of notice as provided in this section. Comments
must be received within:
(a) Fourteen calendar days for a DNS or MDNS;
Ordinance Attachment A-Jefferson County Code Page 57/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(b) Twenty-one calendar days for a DS and scoping notice. Pursuant to WAC 197-11-
408(2)(a)(iii), the date of issuance for purposes of computing this comment period shall be
the date the DS is sent to the Department of Ecology and other agencies with jurisdiction
and is made publicly available; and
(c) Thirty calendar days for a DEIS.
(5)� If the DNS process is utilized per WAC 197-11-340 the SEPA notice shall state the
following:
(a) This shall be the only opportunity to comment on the environmental impacts of the
proposal.
(b) Unless the Responsible Official withdraws the threshold determination pursuant to
WAC 197-11-340(3)(a), the threshold determination shall be final at the end of the comment
period.
(c) Agencies and interested parties shall be notified if the threshold determination is
withdrawn".
(B) If the optional DNS process is utilized per WAC 197-11-355
and the responsible official shall either issue a DNS or MDNS after the comment period with no_
additional comment period using the procedures set forth in Article IV of this chapter and this
article; or issue a DS; or require additional information or studies prior to making a threshold
determination. A copy of the DNSL-ef�-mitigated DNS or modified DNS shall be sent to agencies
with jurisdiction, the Department of Ecology, those who commented, and anyone requesting a
copy. A copy of the environmental checklist need not be recirculated.
(6) A DNS or MDNS becomes final at the end of the comment period unless the determination is
modified or withdrawn by the responsible official. Appeals of a SEPA threshold determination
shall follow procedures in JCC 18.40.810.
(a) When a DS is withdrawn and a DNS issued, a new netiEe must be pub'ished aS pFE)vided
pFevided in this seEtieR by the respensible effieial. A Rew appeal peFied shall then
eemr3lenee
(7) Notice for public hearings shall be given consistent with this section and ]CC 18.40.230, and
may be combined with other notice(s). [Ord. 8-06 § 1]
18.40.790 Public hearings and meetings.
(1) If a public hearing on the proposal is held under some other requirement of law, the hearing
shall be open to consideration of the environmental impact of the proposal, together with any
environmental document that is available. This does not require extension of the comment
periods for environmental documents.
Ordinance Attachment A-Jefferson County Code Page 58/63
Chapter 18.40 PERMIT APPLICATION AND REVIEW
PROCEDURES/SEPA IMPLEMENTATION
(2) In all other cases a public hearing on the environmental impact of a proposal shall be held
whenever one or more of the following situations occur:
(a) The county determines that a public hearing would assist it in meeting its responsibility
to implement the purposes and policies of SEPA and its implementing rules;
(b) When 100 or more persons who reside within the county, or who would be adversely
affected by the environmental impact of the proposal, make written request to the lead
agency within 30 calendar days of issuance of the DEIS; or
(c) When two or more agencies with jurisdiction over a proposal make written request to
the lead agency within 30 calendar days of the issuance of the DEIS.
(3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no
earlier than 15 calendar days from the date the DEIS is issued, and not later than 50 calendar
days from its issuance. Notice shall be given as set forth in JCC 18.40.780(6).
(4) Whenever a public hearing is held under subsection (2) of this section, it shall be open to
discussion of all environmental documents and any written comments that have been received
by the county prior to the hearing. A copy of the environmental document shall be available at
the public hearing.
(5) Comments at public hearings should be as specific as possible (see WAC 197-11-550).
(6) The county may hold informal public meetings or workshops. Such gatherings may be more
flexible than public hearings and are not subject to the above notice and similar requirements
for public hearings.
(7) Public meetings held under Chapterchapter 36.70B RCW may be used to meet SEPA public
hearing requirements so long as the requirements of this section are met. A public hearing
under this section need not be an open record hearing as defined in RCW 36.70B.020(3). [Ord.
8-06 § 1]
18.40.800 Critical areas.
(1) Actions identified as categorically exempt from SEPA under JCC 18.40.750(1) shall remain
exempt under SEPA even when located in one or more of the critical areas classified,
designated and mapped under Chapterchapter 18.22 JCC. A threshold determination shall not
be required for actions identified as categorically exempt.
(2) Actions located in one or more critical areas that are categorically exempt from review
under this article, and which require issuance of a permit or approval under this code or any
other applicable county ordinance or regulation, shall be reviewed, and as necessary,
conditioned or denied to assure consistency with the protection standards contained in
Chapterchapter 18.22 3CC. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.810 Appeals.
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations
on Type I permit decisions may not be appealed administratively to the hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits — Open Record Hearing. The
decision of the responsible official on Type II permits making a threshold determination of a
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DNS or MDNS, approving a proposal subject to conditions, or denying a proposal under SEPA's
substantive authority may be appealed to the hearing examiner pursuant to JCC 18.40.280,
Ghapterchapter 2.30 JCC, and the Hearing Examiner Rules of Procedure for an open record
appeal hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b),
and must be consolidated with any appeal on the underlying Type II permit decision.
(3) Appeal of a Threshold Determination for Type III Permits — Open Record Hearing. The
decision of the responsible official on Type III permits making a threshold determination of a
DNS, approving a proposal subject to conditions, or denying a project under SEPA's substantive
authority may be appealed to the hearing examiner pursuant to JCC 18.40.280, Cha chapter
2.30 JCC, and the Hearing Examiner Rules of Procedure. The open record public hearing on the
SEPA appeal shall be before the hearing examiner, who shall consider the appeal together with
the decision on the project application in a single, consolidated hearing as further set forth in
Article IV of this chapter.
(4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the
responsible official on Type V decisions (other than a DS) may not be appealed to the hearing
examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a
DS it shall not be appealable. In addition, issues relating to the adequacy of the EIS and other
procedural issues may not be appealed under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapte chapter 18.10
JCC, may file a SEPA appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the threshold
determination must be filed within 14 calendar days after the notice of decision is issued.
(8) Form of Appeal. A person or group appealing the decision of the responsible official shall
submit a written appeal in the form and manner set forth in Chapter-chapter 2.30 JCC and the
Hearing Examiner Rules of Procedure.
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible
official's decision, and shall enter findings and/or conclusions into the record to support the
decision. In making the decision, the hearing examiner shall give deference to and afford
substantial weight to the decision of the responsible official.
(10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the
underlying permit decision, appeals under this article shall be commenced within such time
period. The county shall give official notice stating the date and place for commencing an
appeal.
(a) Optional Limitation Period. If there is no time period for appealing the underlying
government action, the county, applicant for or proponent of an action may use a notice of
action pursuant to RCW 43.21C.075 and 43.21C.080. The notice shall describe the action
and state time limitations for commencing a challenge to that action, in a form substantially
similar to that provided in WAC 197-11-990. The notice shall be published by DCD,
applicant or proponent pursuant to RCW 43.21C.080, and any action to set aside, enjoin,
review or otherwise challenge any such governmental action shall be commenced within 21
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days from the date of the last newspaper publication of the notice of action, as further set
forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapte chapter
90.58 RCW, the Shoreline Management Act. Appeals of SEPA mitigation measures
pertaining to projects subject to Chapterchapter 90.58 RCW shall be made to the Shoreline
Hearings Board along with the appeal of the county's shoreline decision, as further set forth
in Chapterchapter 90.58 RCW. In addition, as an alternative dispute resolution process, any
SEPA appeal, whether involving a shoreline issue or not, may be made to the Shoreline
Hearings Board upon the consent of the parties to the action, as further set forth in RCW
43.21C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions of this
article whenever he or she determines that a condition exists in violation of this article or permit
issued hereunder. All violations of any provisions of this article, incorporated standard or permit
issued pursuant to this article are made subject to the provisions of JCC Title 19 JCC, which
provides for voluntary correction, notice and orders to correct the violation, stop work, and
assessment of civil penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to the public
health, safety and welfare and are public nuisances, and may be corrected by any reasonable
and lawful means, as further set forth in JCS Title title 19 JCC.
(13) Alternative Remedies. As an alternative to any other judicial or administrative remedy
provided in this article or by law or ordinance, any person who willfully or knowingly violates or
fails to comply with any stop work order issued pursuant to JC-C—Title 19 JCC is guilty of a
misdemeanor and upon conviction shall be punished as set forth in JCC 19.10.020(2). Each day
such violation or failure to comply continues shall be considered an additional misdemeanor
offense. [Ord. 11-23 § 8 (Att. A); Ord. 9-20 § 2 (Appx. B); Ord. 12-19 § 4 (Appx. Q Ord. 8-06
§ 1]
Article XI. Development Agreements
18.40.820 Purpose.
This article establishes the mechanism under which Jefferson County may enter into
development agreements as authorized by RCW 36.70B.170. A decision to enter into a
development agreement shall be made on a case-by-case basis. A development agreement may
be appropriate for large, complex or phased projects, or projects which were not contemplated
by existing development regulations or existing application procedures. [Ord. 8-06 § 1]
18.40.830 General requirements.
(1) Discretion to Enter Development Agreement. A development agreement is an optional
device that may be used at the sole discretion of the county, except a development agreement
shall be required for applications for master planned resorts in accordance with JCC 18.15.126
and major industrial developments in accordance with JCC 18.15.605.
(2) Who May Enter. The property owner(s) and the county shall be parties to a development
agreement; provided, that if a proposed development is within an adopted municipal UGA, the
applicable town or city shall also be a party to the agreement. The following may be considered
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for inclusion as additional parties in a development agreement: contract purchasers, lenders,
third-party beneficiaries and utility service providers.
(3) Content of Development Agreements. A development agreement shall be prepared by the
applicant and shall set forth the development standards and other conditions that shall apply to
and govern the development, use and mitigation of the property subject to the agreement.
(4) When Development Agreements May Be Approved. A development agreement may be
entered into prior to, concurrent with or following approval of project permits for development
of the property.
(5) Consistency with Unified Development Code. The development standards and conditions set
forth in a development agreement shall be consistent with the applicable development
regulations set forth in the Unified Development Code, except in the case of a master planned
resort (which requires a site-specific Comprehensive Plan amendment), where adopted
standards may be modified by the development standards contained in the agreement, so long
as all project impacts have been adequately mitigated. However, the minimum requirements
related to the protection of critical areas in Cerchapter 18.22 JCC may not be varied by
adoption of any development agreement. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.840 Development standards to be addressed.
(1) A development agreement shall include, but need not be limited to, one or more of any of
the following types of development controls and conditions:
(a) Project elements such as permitted uses, residential and nonresidential densities, scale
and intensity of uses and/or building sizes;
(b) Mitigation measures, development conditions and other requirements pursuant to
environmental review under Cerchapter 43.21C RCW;
(c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development features;
(d) Roads, water, sewer, storm drainage and other infrastructure requirements;
(e) Affordable housing;
(f) Recreational uses and open space preservation;
(g) Phasing;
(h) Development review procedures, processes and standards for implementing decisions,
including methods of reimbursement to the county for review processes;
(i) Other appropriate development requirements or procedures.
(2) A development agreement may obligate a party to fund or provide services, infrastructure,
or other facilities. Project applicants and governmental entities may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
(3) Development agreements shall:
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(a) Establish a process for amending the agreement;
(b) Specify a termination date upon which the agreement expires;
(c) Establish a vesting period for applicable standards; and
(d) Reserve authority to impose new or different regulations to the extent required by a
serious threat to public health and safety. [Ord. 8-06 § 1]
18.40.850 Procedures.
(1) A development agreement shall be initiated by a written request from the property owner to
the administrator of the department of community development. The request should describe
the project and the specific reasons why the project is suitable for a development agreement.
The request should identify the development standards set forth in JCC 18.40.840 that the
applicant is requesting to be included in the development agreement and any other reasonable
information requested by the county.
(2) If the administrator determines in his or her discretion that a development agreement
should be considered by the county, the property owner shall be so informed, except that
development agreements shall be required for the approval of master planned resorts in
accordance with JCC 18.15.126 and for the approval of major industrial developments in
accordance with JCC 18.15.605.
(3) When a development agreement is being considered prior to project permit approvals, the
property owner shall provide the county with the same information that would be required for a
complete application for such project permits in order for the county to determine the
development standards and conditions to be included in the development agreement.
(4) When a development agreement is being considered following approval of project permits,
the development standards and other conditions set forth in such project permits shall be used
in the development agreement without modification.
(5) The county shall only approve a development agreement by ordinance or resolution after a
public hearing and after notice of the hearing has been given by publication in a newspaper of
general circulation. The board of county commissioners, as the legislative authority for the
unincorporated area of Jefferson County, acts upon the recommendation of the administrator
and the Jefferson County Prosecuting Attorney's Office. The board of county commissioners
may, in its sole discretion, approve the development agreement (see Table 8-4-2 above). If the
development agreement relates to a project permit application, the provisions of
Chapte chapter 36.70C RCW shall apply to the appeal of the decision on the development
agreement.
(6) An approved and fully executed development agreement shall be recorded with the county
auditor. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.40.860 Effect.
(1) A development agreement is binding on the parties and their successors, including a city
that assumes jurisdiction through incorporation or annexation of the area covering the property
subject to the development agreement.
(2) A development agreement shall be enforceable during its term by a party to the agreement.
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(3) A development agreement shall govern during the term of the agreement all or that part of
the development specified in the agreement and may not, unless otherwise agreed to in the
development agreement, be subject to an amendment to a local government land use
ordinance or development standard or regulation or a new local government land use ordinance
or development standard or regulation adopted after the effective date of the agreement.
(4) Permits issued by the county after the execution of the development agreement shall be
consistent with the agreement.
(5) Nothing in RCW 36.7013.170 through 36.706.200 and Sectiensection 501, GhaptefLhapter
374, Laws of 1995, or this chapter is intended to authorize the county to impose impact fees,
inspection fees, or dedications or to require any other financial contributions or mitigation
measures except as expressly authorized by other applicable provisions of state law. [Ord. 8-06
§ 1]
t Pursuant to RCW 36.70B.140(2), boundary line adjustments, building and other construction
permits, or similar administrative approvals categorically exempt from environmental review
under SEPA (i.e., ChapteFchapter 43.21C RCW), or permits/approvals for which environmental
review has been completed in connection with other project permits, are excluded from the
provisions of RCW 36.7013.060, and 36.706.110 through 36.7013.130.
z Code reviser's note: Ord. 9-22 adds this article as Sectiensections 18.40.440 through
18.40.500. They have been editorially renumbered to avoid duplication of numbering.