HomeMy WebLinkAboutHEARING re 2024 Annual Amendments to Comp Plan and UDC JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST—Regular Session
TO: Board of County Commissioners
FROM: Josh D.Peters,AICP,Director,Community Development
Joel M.Peterson,Associate Planner,Community Development
DATE: December 9,2024
SUBJECT: HEARING and POSSIBLE ACTION re: 2024 Annual Amendments to
Comprehensive Plan and Unified Development Code
STATEMENT OF ISSUE:
On November 18, 2024 the Board of County Commissioners held a workshop with Community
Development to update the Board on the 2024 Amendment Cycle Docket and to address the Planning
Commission's recommendation for the Board to hold a public hearing on the proposals. In that workshop,
the Board approved a notice of public hearing for December 9, 2024. The hearing notice was published in
the November 20 and 27 editions of The Leader newspaper. The Board may deliberate and take action on
the 2024 Docket directly after the hearing.
BACKGROUND:
The following background information is repeated from the November 18, 2024 Agenda Request.
On May 13,2024,the Board of County Commissioners(BoCC) set the Final Docket for the 2024
Comprehensive Plan(CP)and Unified Development Code (UDC)Annual Amendment Cycle pursuant to
JCC 18.45.080. Subsequently,the Jefferson County Planning Commission completed its review of the
amendment proposals, including a public hearing on September 18, 2024, and deliberating on the record in
the same meeting.
Community Development's analysis of the 2024 proposals is presented in the 2024 Comprehensive Plan
Amendment Docket, Combined Staff Report and SEPA Addendum, September 4, 2024; and in the 2024
Comprehensive Plan Amendment Docket SUPPLEMENTAL Staff Report and SEPA Addendum, October 10,
2024. Modifications to Proposed Amendments 2 and 4 created a need for focused evaluation of those
changes and further documentation in the supplemental staff recommendations.
The Planning Commission deliberated on public comment and the record after the September 18, 2024
hearing, and recommended approval of the four amendment proposals. The Planning Commission met on
October 16,2024, and after review of the October 10, 2024 Supplemental Staff Report and SEPA
Addendum, the Planning Commission reconfirmed their September 18, 2024 recommended approval of all
2024 amendment proposals.
The Planning Commission recommendations to the BoCC are found in the attached Jefferson County
Planning Commission's Report and Recommendation for the Final 2024 Comprehensive Plan Amendment
Docket, dated November 6, 2024. This Planning Commission recommendation letter provides additional
1
detail regarding the Planning Commission process that occurred. The planning Commission, as well as
Community Development, recommends approval of all four proposals. The Planning Commission also
recommends that the Board hold their own public hearing.
Proposed Amendments to as originally submitted:
1.2024 Port Hadlock/Irondale UGA With implementation of the sanitary sewer in
Comprehensive Plan(CP)&UDC Amendments, Port Hadlock UGA,updated UGA regulations
and Potential 2024 UGA Amendments Continuing are urgently needed for the development of
through 2025 Periodic Update, Including Middle affordable housing.
Housing Amendments
2.2024 UGA CP& UDC Amendments to Modify Investigating the possibility of swapping rural
the Port Townsend UGA Boundary by Removing land with Port Townsend UGA, and thereby
Farmland following De-annexation and Adding the enabling urban infrastructure to Caswell-
Caswell-Brown Village(Housing Facility)and Brown Village,is critically important to
Adjacent Public Properties i.e. "UGA Swap") provide supportive housing.
3. Planning Commission UDC Rural Housing New development regulations enabling
Amendments Carried Forward from 2023 Cycle congregate housing and alternative
development standards in single-family
residential zones is urgently needed as one
solution to limited affordable housing supply.
4. Review of Land Use and Zoning in the Jefferson Timing is appropriate to accommodate
County Airport Essential Public Facility(AEPF), existing business growth and new job creation
Particularly Airport Overlay III,Jefferson County potential. Allowing additional zoning on port-
International Airport(JCIA): Port of Port Townsend owned property,adjacent to JCIA,offers the
community a path to maintaining good-paying
ob rowth that is needed in Jefferson County.
Modifications made to the proposals during the public process:
Proposal 2, Port Townsend UGA Boundary Amendment
Original Proposed Amendment 2: UGA Comprehensive Plan& UDC Amendments to Amend the Port
Townsend Urban Growth Area, Swapping Farm Land with Caswell-Brown Village and Adjacent
Properties.
Modified Proposed Amendment 2: Proposal to expand the Port Townsend Urban Growth Area(UGA)
boundary to include publicly-owned parcels for public purpose use, including the Caswell-
Brown Village for housing services. "
The process of land swaps between non-urban land in a UGA and urban land outside of a UGA results from
a legislative amendment to the Growth Management Act(GMA), codified at RCW 36.70A.110. This
process was being proposed as a way to expand the UGA boundary to include Caswell-Brown Village. This
process did not come to fruition between a prospective landowner, County and City. Proposal 2 was
modified by County and City to pursue the alternative of expanding the UGA boundary directly to include
public purpose land and Caswell-Brown Village.
Proposal 4, Expansion of Airport Essential Public Facility(AEPF)by 12 Acres and Expansion of Airport
Overlay III within the AEPF
2
The AEPF is currently ca. 316 acres. The Port of Port Townsend proposes to expand the AEPF by 12 acres
by adding two 6-acre parcels(APN 001332013 and APN 001332017)to the southwest boundary (Figure 3),
as well as expand the existing 24-acre Airport Overlay III within the resulting AEPF zone from 24 acres to
ca. 73.5 acres total. There are two distinct portions to the expanded overlay: 1) a 6.5-acre area in the
northeast corner of the AEPF, north of Airport Road, and 2)the main overlay area south of the FAA
building restriction line (boundary of Airport Overlay I).
Modifications to original Proposal 4 includes refinement of the proposed expansion area of the Overlay III
zone to include only properties that the Port of Port Townsend owns, and removing a parcel used as access
from the proposed Overlay III expansion. The revised map is evaluated in the supplemental staff report.
ANALYSIS:
The Staff Report and Supplementary Staff Report analyze modifications and refinements to the original
proposals and are part of the November 18, 2024 BoCC record. Final action on the docket must be taken by
the second regular Board meeting in December. JCC 18.45.080(2)(b).
The City of Port Townsend sent a letter of support and supplemental findings for the County proposal to
expand the Port Townsend Urban Growth Area(UGA)boundary to include publicly-owned parcels of
public purpose uses, including the Caswell-Brown Village for housing services(Proposal 2). This letter was
received after the November 18, 2024 workshop with Community Development and the Board and is
attached.
Modifications to the Draft Implementing Ordinance Since the November 18, 2024 Workshop:
Modifications were made to the draft ordinance previously attached to the November 18, 2024 Board agenda
packet. These modifications do not affect the proposals,but address the ordinance itself as follows:
1. A recital in the ordinance was deleted because it referred to the UGA land swap option of Proposal 2,
which was not used. Section 4 was also updated to remove land swap language.
2. Missing dates within the recitals for process that had not yet occurred, such as the final ordinance
adoption,were updated.
3. Section 11 was modified to provide an ordinance effective date for the UGA expansion at 60 days
per RCW 36.70A.067, and leaving an immediate effective date for the remaining amendments.
FISCAL IMPACT:
No significant fiscal impact from the decision to hold a public hearing.
RECOMMENDATION:
Conduct the public hearing on the 2024 Comprehensive Plan& UDC Amendments, deliberate, and take
final action on the amendment proposals.
REVIEWED BY:
®�
Mark McCauley,19ounty Administrator Date
CityofpQrt
David Faber I Mayor 1 360.379.2980 ( dfaber@cityofpt.us
Townsend
November 18, 2024
Board of County Commissioners
via email: JeffBoCC@co.iefferson.wa.us
RE: City of Port Townsend's Support of County proposal to expand the Port Townsend Urban
Growth Area (UGA) boundary to include publicly-owned parcels of public purpose uses,including the
Caswell-Brown Village for housing services.
Parcel Numbers: Assessor Parcel Numbers:001162022,001162001,001162002,001162003,
001162004,001162015,001161001,001162017
Greetings Commissioners:
The Port Townsend City Council reviewed the County Supplemental staff report and SEPA addendum
supporting a limited expansion of the Port Townsend UGA to include Caswell-Brown property and a
limited number of adjacent public parcels for access to City of Port Townsend urban services.After
review and discussion,the Council voted to support the proposal, aligning with the County's staff report
and emphasizing the following:
County Staff Report: "Either the subject parcels themselves already contain urban-style development or
they are located in close proximity to urban development, and by either measure,the subject area is
appropriate for urban growth.The growth pattern on or near these lands makes the parcels
incompatible with the primary use of land for the production of food, other agricultural products,or
fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands
designated pursuant to RCW 36.70A.170.The parcels are located in close proximity to urban services,
including but not limited to the City of Port Townsend's regional stormwater system,sanitary sewer
system, domestic water system, street cleaning services, fire and police protection services, public
transit services, healthcare and medical services, and other public utilities associated with urban areas
and normally not associated with rural areas."
City supplemental finding: The City of Port Townsend supports adoption of a City Capital Improvement
Plan (CIP)and General Sewer Plan (GSP)that ensures capacity for the expanded UGA service area. A lift
station to serve this area is funded in the 2022-2028 Capital Improvement Plan and a sewer connection
to CBV is listed in the proposed 2024-2010 CIP. The City Council will hold a public hearing on November
18, 2024 on the proposed GSP and on December 2, 2024 on the CIP update with final action on both
anticipated to occur on or before December 16, 2024. The City SEPA administrator signed a SEPA
Determination of Non-Significance (DNS)on the CIP with comments or appeals due November 28, 2024.
She also signed a SEPA DNS on the GSP October 8, 2024. No appeal or comments were received.
250 Madison Street•Suite 2• Port Townsend•WA 98368 I www.cityofpt.us
Cityofport'; David Faber I Mayor 1 360.379.2980 1 dfaber@cityofpt.us
Townsend
Additionally, the County applied for a Connecting Housing through Infrastructure Grant(CHIP)grant
from the Department of Commerce to extend utilities and recapture of the City's System Development
Charge fee deferrals that are made available for low-income housing development like Caswell Brown.
This UGA extension allows both the City and County to partner in providing efficient services for all
economic segments of our community.
County Staff Report: "The Caswell-Brown Village ("CBV") on Mill Road refers to the combined 50-bed
emergency shelter with permanent supportive housing and a 40-lot park consisting primarily of
recreational vehicles and tiny shelters to provide housing for persons experiencing housing insecurity. . .
The CBV currently has 50 tiny shelters available to unhoused people, and OIyCAP is working to build a
permanent support housing on site. It will be a continuum of care housing facility operated by OlyCAP
on a long-term lease with the County."
City supplemental finding: The City supports urgent UGA expansion to be eligible for and secure
Connecting Housing through Infrastructure Grant(CHIP)funding from the Department of Commerce,
which requires that Caswell Brown be fully within a UGA boundary. Moreover, there is an overriding
public interest and public benefit to include the proposed parcels within the UGA to protect public health
and safety by avoiding installation of a large onsite septic system and enabling efficient service of sewer
and water. The City has adopted an Emergency Shelter and Housing ordinance (Ordinance 3335)that
classifies a site such as CBV as a "Continuum of Care Facility"due to the mixed types of emergency, tiny
shelter, and safe parking available. This housing proposal both alleviates current stressors to provide
emergency shelter at the County-run American Legion shelter and provides a path forward to meet a
variety of shelter needs for the unhoused population.
The City used the parcel data in its Land Capacity Analysis to determine if any other suitable locations
exist within the UGA for a facility matching CBV.Staff referenced the Dept of Commerce Book 2 Guidance
for Updating Your Housing Element, and analyzed UGA capacity for emergency housing needs using
Option B, the assumed density method. The City of PT UGA does not contain a property with government
site control that can accommodate similar densities of that provided by a regionally comparable facility
that is also zoned to allow emergency shelter facilities such as CBV. For purposes of regional analysis, the
City used Serenity House in Port Angeles as a comparator, which offers beds at the density of 99 per acre
(188 beds approved in the City of PA Conditional Use Permit staff report on 1.89 acres). Additionally,
Serenity House offers multiple safe parking stalls and tent camping sites. It is the closest regional land
use to Port Townsend'definition of a Continuum of Care Facility. Three privately-owned large properties
that could accommodate a facility the size of Caswell Brown at Serenity House densities. However, each
lacked sufficient utilities, street access, or adequate unit densities with critical areas deductions to be
viable. The City owns a property as part of its Affordable Housing Inventory(the "Lewinsky"property),
but it also lacks utilities and contains critical areas. The Lewinsky property is not zoned for Emergency
Shelters or Continuum of Care facilities. The Housing Action Plan Tool(HAPT)projects a need of 280 units
of emergency housing for the 20-year planning period in the City of Port Townsend UGA. The CBV must
be successful to help meaningfully defray the need for 280 emergency housing beds in the Port
Townsend UGA.
\I.
250 Madison Street•Suite 2 • Port Townsend•WA 98368 1 www.cityofpt.us
cityof Port
David Faber I Mayor 1 360.379.2980 1 dfaber@cityofpt.us
Townsend
County Staff Report: "The zoning would change from Rural Residential (RR 1:20 and RR 1:5)to UGA
Public. The area proposed to be included within the Port Townsend UGA is characterized by urban
growth."
City supplemental finding: The City of Port Townsend concurs that this area is characterized by urban
growth.As part of the 2025 Periodic Update of the City's Comprehensive Plan, the City will amend its
map and plans to ensure consistency with the BOCC's decision on this UGA boundary adjustment matter.
The preliminary docket will be decided in early 2025. If BoCC action is taken, Council will approve a
docket item to make responsive changes.
In closing the City of Port Townsend greatly appreciates partnership with Jefferson County to help solve
our affordable housing emergency and address our respective Growth Management Act Housing
Comprehensive Plan goals.These efforts also reflect the cooperative effort to fulfill Growth
Management Act requirements and be consistent with Countywide Planning Policies. We look forward
to moving forward on this proposal in lockstep with our CIP and GSP and Periodic Update next year.
cerely,
David J. Faber
Mayor of Port Townsend
Cc:Josh Peters,Jefferson County Dept of Community Development Director;Ted Vanega, Department
of Commerce; Emma Bolin,City of PT Planning and Community Development Director
250 Madison Street-Suite 2 -Port Townsend-WA 98368 1 www.cityofpt-us
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Approving Amendments to
the County's Comprehensive Plan; and ORDINANCE NO.
Amendments to Title 18 JCC, Title 15 JCC
and Title 13 JCC
WHEREAS, the Board of Jefferson County Commissioners (°BOCC"), as required by
the Growth Management Act ("GMA"), chapter 36.70A Revised Code of Washington
("RCW"),annually creates and implements a process by which citizens and entities can propose
amendments to the Jefferson County's Comprehensive Plan (2018) ("Comprehensive Plan")
and title 18 of the Jefferson County Code ("JCC") also known as the Unified Development
Code ("UDC"), the Comprehensive Plan having been originally adopted via Resolution No.
72-98 on August 28, 1998 and as subsequently amended, and the UDC, adopted by Ordinance
No. 11-1218-00, effective January 16, 2001, and as subsequently amended; and
WHEREAS, RCW 36.70A.130(2)(a) requires Jefferson County to allow interested
persons to suggest amendments to the Comprehensive Plan or its development regulations
(RCW 36.70A.470(2)) during annual amendment cycles; and
WHEREAS, RCW 36.70A.130(2)(a), codified in JCC 18.45.010(1), requires that
revisions of the comprehensive plan are considered together,generally no more frequently than
once every year; and
WHEREAS,the UDC contains a process for annual amendments in chapter 18.45 JCC;
and
WHEREAS, as mandated by the GMA, the BoCC has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan that composed the 2024
Comprehensive Plan Amendment Docket ("the Docket"); and
WHEREAS,by the annual submittal deadline of March 1,2024,the preliminary docket
for the 2024 Comprehensive Plan and UDC amendment cycle was established for site-specific
and suggested amendments, consisting of five suggested amendment proposals: amendments
in titles 18, 15, and 13 JCC to coordinate implementation of sewer with Irondale and Port
Hadlock Urban Growth Area("UGA") development; Port Townsend UGA boundary revision
proposal; Planning Commission UDC amendment proposals for additional rural housing
opportunities; DCD-sponsored suggested text amendments to address code housekeeping; and
the Port of Port Townsend proposal to review Jefferson County Airport Essential Public
Facility ("AEPF"), and expand Airport Overlay III; and
WHEREAS, the Planning Commission re-submitted housing proposals for a series of
rural housing amendments, carried forward from 2023, and was timely re-submitted March 1,
2024; and
1
WHEREAS, the County timely submitted proposals for UDC amendments March 1,
2024 for amendments to the titles 18, 15, and 13 JCC necessary to implement regulations in
concert with development of sewer code and housing projects dependent on sewer; and
WHEREAS, the County timely submitted on March 1, 2024, a UDC Housekeeping
suggested amendment proposal to address minor UDC housekeeping amendments to be
brought forward during the 2024 amendment cycle; and
WHEREAS, Jefferson County timely submitted a proposal to expand the Port
Townsend UGA boundary to include publicly-owned parcels for public purpose use, including
the Caswell-Brown Village(CBV) for housing services; and
WHEREAS, on April 9, 2024, the Jefferson County Department of Community
Development ("Community Development") decided to add to the 2024 annual amendment
cycle, a Port of Port Townsend proposal to review possible expansion of Airport Overlay III,
responding to emergency timing so work can proceed with light industrial proponents on a new
location for operations, as well as substantive design on the light industrial park on the existing
JCIA III overlay (APN 001331005), with the application being received August 1, 2024; and
WHEREAS, the Jefferson County Planning Commission ("Planning Commission")
reviewed the 2024 preliminary docket proposals in their regular meetings on March 20, 2024,
and April 17, 2024; and
WHEREAS, on March 15, 2024, Community Development prepared a formal
Preliminary Docket of proposed amendments per JCC 18.45.050; and
WHEREAS,on March 20,2024,Community Development transmitted the Department
of Community Development report on the 2024 amendment proposals received; and
WHEREAS, on April 17, 2024, Community Development presented the Preliminary
Docket to the Planning Commission and briefed them on the annual Comprehensive Plan
Amendment cycle and the docket process; and
WHEREAS, on April 25,2024, Community Development distributed the"Department
of Community Development's Review and Recommendation for the 2024 Comprehensive Plan
Amendment Cycle Final Docket" to the BoCC, the Planning Commission, and the general
public, including a recommendation that the DCD proposal for a UDC housekeeping
amendment be removed from the work in 2024, in light of the added Port of Port Townsend
proposal and 2025 Periodic Update work also underway, providing another opportunity to
update UDC items; and
WHEREAS, on May 1, 2024, the Planning Commission held a public hearing on the
preliminary docket regarding which proposals should be on the 2024 amendment cycle final
docket; and
WHEREAS, on May 1, 2024, the Planning Commission deliberated on the 2024
amendment proposals and recommended that the BoCC place all proposals, not including a
UDC housekeeping proposal, on the Final Docket by a vote 7-0-1; and
2
WHEREAS, on May 2, 2024,the Planning Commission transmitted"Jefferson County
Planning Commission's Report and Recommendations for the 2024 Comprehensive Plan
Amendment Final Docket"to the BoCC; and
WHEREAS, on May 13, 2024, the BoCC adopted the recommendation brought
forward by Community Development and Planning Commission, without amendment and
thereby setting the final docket as the same without public hearing pursuant to JCC
18.45.060(4)(a); and
WHEREAS, due to scheduling issues with the regularly-scheduled Planning
Commission meetings in August, the County cancelled the August 7 and August 21 regular
meetings and held a Special Meeting on August 14,2024 to review Community Development's
draft analysis of the 2024 amendment docket; and
WHEREAS, on September 4, 2024, Community Development published a combined
Notice of Intent to Amend the CP and UDC, a 60-Day Notice to the Washington Department
of Commerce, notice of comment period and September 18, 2024 hearing date with the
Planning commission, and publication notice of the 2024 Comprehensive Plan Amendment
Docket, Combined Staff Report and SEPA Addendum, an integrated Growth Management Act
and State Environmental Policy Act(SEPA) document; and
WHEREAS, the integrated staff report analyzes the proposals on the Final Docket,
offers preliminary recommendations for each amendment proposed, and provides a SEPA
analysis; and
WHEREAS, at the September 4,2024 regular Planning Commission meeting, a review
of the Staff analysis and report was made by the Planning Commission and public; and
WHEREAS, on September 18, 2024, the Planning Commission held a duly noticed
public hearing to receive testimony on the merits of the 2024 amendment proposals; and
WHEREAS, on September 18, 2024, the Planning Commission deliberated on the
testimony and record for the amendment proposals and recommended approval of each
suggested amendment; and
WHEREAS, on October 10, 2024, Community Development submitted the 2024
Supplemental Staff Report ("October 10 Supplemental Staff Report") and SEPA Addendum,
and a Notice of Intent to Adopt Amendment to the Washington Department of Commerce; and
WHEREAS, the supplemental staff report provides additional analysis to the Port
Townsend UGA boundary expansion and the AEPF/Airport Overlay III proposals; and
WHEREAS, at the October 16, 2024 regular Planning Commission meeting and upon
consideration of the October 10 Supplemental Staff Report, the Planning Commission
confirmed consistency between the proposal as described in the October 10 Supplemental Staff
Report and the Planning Commission's recommendation on the Docket from the September
18, 2024 Planning Commission meeting; and
3
WHEREAS, on November 6, 2024, the Planning Commission transmitted their Report
and Recommendation for the Final 2024 Comprehensive Plan Amendment Docket to
Community Development; and
WHEREAS, on November 18, 2024, the BoCC held a workshop with Community
Development to discuss the amendment docket and consider the Planning Commission's
recommendation, and
WHEREAS, on November 18, 2024, the BoCC chose to hold their own hearing on the
amendments, as recommended by the Planning Commission; and
WHEREAS,the BoCC held their own hearing on December 9,2024 and after applying
the required growth factors and findings, the BoCC accepted the Planning Commission's
recommendation to approve all of the forwarded 2024 amendment proposals; and
WHEREAS, the 2024 amendment proposals have gone through the complete public
participation process required by the Growth Management Act ("GNU") and JCC 18.45.090;
and
WHEREAS, all amendments are found to be compliant with GMA and JCC; and
WHEREAS, for all amendment proposals considered in the 2024 Final Docket, the
BoCC finds the 2024 amendments serve to benefit the health, welfare, safety, and lifestyle of
the residents of Jefferson County; and
WHEREAS, the BoCC finds that the 2024 Docket amendments as summarized in
Attachment 1 referenced hereto and thereby incorporated in this ordinance, and reflected in
Appendices A, B, C, and D, are consistent with the Countywide Planning Policies and
consistent with the Growth Management Act; and
WHEREAS, JCC 18.45.080(2)(c) requires that BoCC analyze the 2024 amendments
and make the following findings on the full and complete record:
Growth Management Indicators, JCC 18.45.050(4)(b)(i)through_(4)(b)(vii):
(i) Whether growth and development as envisioned in the Comprehensive Plan is
occurring faster or slower than anticipated, or is failing to materialize;
WHEREAS,the BoCC finds that the growth rate is consistent with the Comprehensive
Plan. The unadjusted population growth rate over the last year was approximately 0.80%,
somewhat slower than the previous year, when the state's population grew by 1.1%. The 2024
population estimate for Jefferson County is 33,700, a net increase of 723 people since 2020.
Migration is the driving factor in Jefferson County population; and
(ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
4
WHEREAS, the BoCC finds the number of service providers in the County has not
decreased and the County continues to be equipped to provide the same levels of service
available at the time of Comprehensive Plan adoption. The County has adopted GMA-
compliant plans to provide the Irondale and Port Hadlock Urban Growth Area ("PHUGA")
with urban services, specifically sanitary sewer service and stormwater management.
Construction of the Port Hadlock Wastewater Facility has begun, with service connections
anticipated in Summer of 2025, and will enable planned densities within the UGA to come to
fruition; and
(iii) Whether sufficient urban land is designated and zoned to meet projected demand
and need;
WHEREAS, the BoCC finds that there is sufficient urban land designated to meet
projected demand. For the unincorporated Irondale and Port Hadlock UGA, an analysis of
vacant lands within the proposed UGA and a build-out analysis were updated in 2018.
(Comprehensive Plan, Appendix E) This analysis evaluated developable lands and the ability
to accommodate the allocated population. The UGA has sufficient capacity to accommodate
the projected 2038 population of 5,394 people with an estimated growth rate of 1.48%. With a
theoretical carrying capacity of over 30,000 people, the Port Townsend UGA also appears to
be adequately sized to accommodate anticipated future urban growth. However, following
analysis,the City of Port Townsend has informed Jefferson County via an email message dated
August 22, 2024 that there are no suitable sites within the existing Port Townsend UGA to
accommodate continuum-of-care special purpose housing. The City of Port Townsend
provided a letter with supplemental findings dated November 18, 2024, supporting the limited
expansion of the Port Townsend UGA. The City of Port Townsend will finalize an assessment
of available land in the Port Townsend UGA during the 2025 Periodic Update; and
(iv) Whether any of the assumptions upon which the plan is based are no longer found
to be valid;
WHEREAS, the BoCC finds that since the periodic review and adoption of the
Comprehensive Plan in 2018, the majority of assumptions made as part of the Plan continue to
be valid. Amendments to GMA and other laws made by the State Legislature and precedent-
setting decisions made by the Growth Management Hearings Boards will be under
consideration during the 2025 Periodic Update; and
(v) Whether changes in county-wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision Statement,-
WHEREAS, the BoCC finds that the Comprehensive Plan reflects, to the extent
possible, countywide attitudes about the future growth and management of the county. The
Comprehensive Plan was last updated in 2018. Updating the Comprehensive Plan in 2025 will
include an opportunity to reassess countywide attitudes.Between Comprehensive Plan updates,
countywide attitudes can best be inferred through local election results,perspectives expressed
by public representatives such as the Planning Commission, and comments received during
public comment periods; and
5
(vi) Whether changes in circumstances dictate a need for amendments;
WHEREAS, the BoCC finds that changing circumstances since adoption of the 2018
Comprehensive Plan include the Covid Pandemic, growing issues surrounding affordable
housing, and climate change. Jefferson County adopted development regulations outlining a
process for establishing legal lots of record, as well as regulations for siting and management
of temporary housing facilities. Additional analysis and recommendations for amendments to
meet emerging circumstances will be considered in the Comprehensive Plan periodic update;
and
(vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or
the Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
WHEREAS, the BoCC finds that the Comprehensive Plan is consistent with both the
Growth Management Act and the Countywide Planning Policy with regard to rural land use
districts and resource overlays. The UDC is found to be consistent with the 2018
Comprehensive Plan; and
Required Findings, JCC 18.45.080(1)(b)(i-iii):
(i) Whether circumstances related to the proposed amendments andlor the area in which
they are located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan.
WHEREAS, the BoCC finds that generally, the circumstances and planning
assumptions have not changed since the 2018 Comprehensive Plan Periodic Review. New
circumstances became present when emergency ordinances were initiated in response to the
Covid pandemic,creating urgency for regulations to allow temporary housing facilities.County
work now turns toward workforce housing and to address housing affordability; and
(ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is
based are no longer valid, or whether new information is available which was not considered
during the adoption process or any annual amendments of the Jefferson County Comprehensive
Plan.
WHEREAS, the BoCC finds that there is no indication that assumptions upon which
the Comp Plan is based are no longer valid. The Comprehensive Plan documents goals and
policies that support the amendment proposals; and
(iii)Whether the proposed amendment reflects current widely held values of the
residents of Jefferson County.
WHEREAS, the BoCC finds the Comprehensive Plan is intended to reflect, to the
extent possible, countywide attitudes about the future growth and management of the county.
The 2018 Comprehensive Plan update provides a relatively recent opportunity to reassess
countywide attitudes.The amendments are consistent with the Comprehensive Plan. Regarding
housing, the BoCC finds there are a large number of organizations and a significant amount of
6
County resources dedicated to addressing housing. The proposed amendments reflect a widely
held value of the County' s residents; and
WHEREAS,adopting Ordinance is required to formalize the BoCC's legislative action,
and;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON,AS FOLLOWS:
Section 1. Findings of Fact. the BoCC adopts the recitals above ("WHEREAS clauses"), the
Planning Commission findings, and Community Development findings as their own findings
of fact for this ordinance.
Section 2. Purpose. The purpose of this ordinance is to complete the 2024 Comprehensive Plan
Cycle pursuant to chapter 18.45 JCC.
Section 3. UDC Proposals Adopted. UDC proposals are adopted as the shown in Appendix A,
Exhibits 1-6.
Section 4. Port Townsend UGA Boundary Amendment. Port Townsend UGA expansion
proposal to include public purpose land and Caswell-Brown Village is adopted as shown in
Appendix B.
Section 5. UDC Amendments Regarding Rural Housing Proposals. UDC amendments
regarding rural housing proposals are adopted as shown in Appendix C, Exhibits 1-4.
Section 6. Comprehensive Plan Amendment. Comprehensive Plan is amended to reflect text
changes to Airport Overlay III as shown in Appendix D, Exhibit 1.
Section 7. Airport Overlay III amendments to the Chapter 18.15 JCC. Airport Overlay III
amendments to the chapter 18.15 JCC is adopted as shown in Appendix D, Exhibit 1.
Section 8. Map in Appendix D, Exhibit lAdopted and Incorporated by Reference. The Map
included in Appendix D, Exhibit 1 is-incorporated hereto by reference with this ordinance
showing Land Use Map expansion of the adopted Airport Overlay III extent is hereby adopted.
Section 9. Severability. If any section of the ordinance is deemed either non-compliant or
invalid pursuant to the Growth Management Act, such a finding of non-compliance or
invalidity shall not nullify or invalidate any other section of this ordinance.
Section 10. SEPA Compliance. A table showing SEPA compliance steps is below.
Year State Environmental Policy Act Document Description
1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS) and
addenda prepared in anticipation of adoption of the Comprehensive Plan M
7
1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively, and examined the potential cumulative environmental impacts of
adopting alternative versions of the Comprehensive Plan.
613011999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments
(Task III of Tri-Area/Glen Cove Special Study)
811811999 Final Supplemental Environmental Impact Statement. Jefferson County
Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study
Task IV.
611112001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision
Document,June 11, 2001.
2002 Integrated Growth Management Act/State Environmental Policy Act Document
Environmental Review of a Non-Project Action: Draft Supplemental EIS August
21,2002, to Supplement the Comprehensive Plan Draft and Final EIS (1997)
and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November
25, 2002 Integrated FSEIS 2002 Amendment Docket.
This FSEIS was appealed before the Western Washington Growth Management
Hearings Board(WWGMHB)of which the WWGMHB issued a Final Decision
and Order(FDO) and remanded it back to the Department for additional
environmental review.
The county hired Wheeler Consulting, to prepare additional environmental
review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on
March 3,2004. A FSEIS to the 2002 CPA SEIS was issued on May 12,2004
as part of the review and in consideration of MLA02-00235.
2003 Staff Recommendation and Environmental Analysis with Regard to the
Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson
County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003
SEPA Addendum for Suggested Amendments.
2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to
the Comprehensive Plan issued May 19, 2004.
2004 2004 Comprehensive Plan Amendment Docket Department of Community
Development Integrated Staff Report and SEPA Addendum issued September
22,2004.
2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporated
by reference: 1998 DEIS/FEIS and 2004 Addendum.
2006 Integrated GMA/SEPA Addendum Staff Rpt., July 19, 2006.
8
2007 SEPA Addendum, adopting by reference 2004 Staff Report and SEPA
Addendum for UGA Amendments to the Comprehensive Plan issued May 19,
2004 and 2004 Comprehensive Plan Amendment Docket Department of
Community Development Integrated Staff Report and SEPA Addendum issued
September 22, 2004.
2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted
by reference: 1998 DEIS/FEIS, and environmental documents from 2004, 2005.
2006, and 2007 environmental review.
2009 Port Hadlock UGA Sewer Facility Plan(2008) ("Sewer Plan") incorporated into
the County's Comprehensive Plan Capital Facilities Element("CFE")to comply
with the Growth Board's decision finding noncompliance with the County's
Urban Growth Area("UGA") and GMA capital facilities planning. Ordinance
No. 03-0323-09 (Re: MLA09-00024, UGA Final Compliance Action).
2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted
by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005,
2006, 2007, 2008, "and all supplementary information...supporting record,
analyses, materials."
2010 Integrated GMA/SEPA Addendum Staff Report, September 2010.
2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted
by reference all previous SEPA documents.
2015 Staff Report& SEPA Environmental Review, Proposal to Amend Unified
Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated
Growth Management Act/State Environmental Policy Act Analysis,
Environmental Review of a Non-Project Action.
2018 Jefferson County Comprehensive Plan Update 2018 SEPA Addendum to 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact
Statements and subsequent Supplemental EISs and Addenda. April 4, 2018.
2021 SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting
SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement("Final EIS"), May 27,
1998 and associated SEPA documents. These SEPA documents were adopted
and the additional information was determined not to involve significant new
impacts. A Determination of Significance and Notice of Adoption was published
on February 28, 2021.
2021 Port Hadlock UGA Sewer Facili , P� lan Update and Appendices(Feb. 2021).
The revisions to the Sewer Plan mostly related to funding, engineering
specifications low pressure system with grinders), and minor modifications to
9
the core service area. The revisions allowed the County to implement sewering
the core service area within six years. A Comprehensive Plan Amendment
(MLA20-00102)was adopted for the updated Sewer Plan in Ordinance No. 01-
0426-21, when the 2020 Comprehensive Plan Docket was approved. Ordinance
No. 01-0426-21 included a SEPA review through a staff issued Addendum to
the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental
Impact Statements ("EIS") and subsequent Supplement EISs, and a SEPA
Checklist and Addendum that addressed the 2020 Docket items, including the
proposed revisions to the Comprehensive Plan.
2022 Staff Report& SEPA Environmental Review to establish regulations for the
siting, establishment, and operation of temporary housing facilities for unhoused
people needing emergency housing services. Proposal to Amend Unified
Development Code chapter 18.20 JCC Performance&Use-Specific Standards,
chapter 18.10 JCC Definitions. Integrated Growth Management Act/State
Environmental Policy Act Addendum.April 20, 2022.
2022 Staff Report& Environmental Review, Proposal to Amend Unified
Development Code(UDC)Jefferson County Code (JCC) 18.12: `Legal Lot of
Record Determination and Lot Consolidation' and Amendments to chapters
18.10 and 18.35 JCC. Integrated Growth Management Act(GMA)/State
Environmental Policy Act(SEPA)Addendum. August 24, 2022.
2023 2023 Comprehensive Plan Amendment Docket, Staff Report and SEPA
Addendum. Integrated Growth Management Act/State Environmental Policy
Act Document, Environmental Review of a Non-Project Action: Addendum to
Existing Environmental Documents. October 11, 2023.
An agency may use previously prepared environmental documents to evaluate proposed
actions, alternatives, or environmental impacts. The proposals may be the same as or different
than those analyzed in the existing documents (WAC 197-11-600(2)). This ordinance is within
the scope of the previously prepared environmental documents.
Section 11. Effective Date: Except as provided in(a) of this section, this ordinance shall take
effect immediately upon adoption.
(a) Port Townsend UGA boundary amendment as adopted in Appendix B shall take
effect 60 days after the date of publication notice of adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
10
APPROVED and ADOPTED this day of 2024.
SEAL: JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
11
ATTACHMENT 1--Summary of Title 18 JCC 2024 Amendments
UDC Amendment Proposals for 2024 Annual Amendment
Cycle
Item Code Section Description
Appendix A— Ch. 18.19 JCC Adds specificity on application of urban
Exhibit 1 standards and transitional standards by
referring to official maps and reference to
sewer code in Title 13 JCC; outlines
conditions and process for development of on-
site septic system; and when sewer connection
is required.
Appendix A— Ch. 18.35 JCC New unit lot subdivision code.
Exhibit 2
Appendix A— Ch. 18.10 JCC Definitions for"emergency housing",
Exhibit 3 "emergency shelter", "permanent supportive
housing", "townhouse", "transitional
housing", "unit lot subdivision", and"zero lot
line".
Appendix A— Ch. 18.18 JCC Updates CP references, adds multifamily
Exhibit 4 housing uses, setback amendment, sewer
phasing language,Administrator discretion
with parking standards.
Appendix A— Title 13 JCC Amendments for consistency with chapter
Exhibit 5 18.18 JCC, when connection is required.
Appendix A— JC 15.05.047 Adds new section for automatic fire-
Exhibit 6 extinguishing systems, when required.
Appendix C— JCC 18.10.060 Updates definition of"Family"
Exhibit 1
Appendix C— Chapter 18.10 New definition"Congregate Living Facilities
Exhibit 2 JCC. (nontransient)"
Appendix C— JCC 18.15.040 Adds congregate living facilities to use table
Exhibit 3 3-1.
Appendix C— JCC 18.15.485 Clarifies calculation of dwelling unit density
Exhibit 4 to add accessory dwelling unit yield.
Appendix D— CP and Ch. 18.15 Adds new and updated language for expanded
Exhibit 1 JCC Airport Overlay III.
12
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
Appendices: UDC Amendments
Chapter 18.19
TRANSITIONAL RURAL DEVELOPMENT STANDARDS OF THE IRONDALE
AND PORT HADLOCK URBAN GROWTH AREA'
Sections:
18.19.100 Purpose.
18.19.110 Applicability.
18.19.120 Interim on-site septic systems.
18.19.130 Rural development standards.
18.19.140 Mini-storage facilities prohibited.
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under chapter 18.18 JCC in the Phase 1
area prior to initial startup of the PHUGA sewer system.
18.19.100 Purpose.
The purpose of this chapter is to provide clarity to which zoning designation and development
standards are applied during the transitional period of providing sewer facilities to the Irondale
and Port Hadlock Urban Growth Area (PHUGA). Sewer service availability is the
determinative factor of whether urban development standards or transitional rural
development standards will apply. [Ord. 9-09 § 2 (Exh. B)]
18.19.110 Applicability.
(1) Effective as of March 23, 2009, the effective date of Ordinance No. 03-0323-09,
Jefferson County shall apply transitional rural zoning in the Irondale and Port Hadlock
Urban Growth Area for parcels that do not yet have sewer available. The transitional
rural zoning is depicted on the map Irondale and Port Hadlock UGA Transitional Rural
Zoning, found in the UGA Element, Exhibit 1-21, Jefferson County Comprehensive
Plan(2018).
(2) Jefferson County maintains a Geographic Information Systems (GIS)database,which
is updated periodically. Official Maps are updated by the department of community
development and filed with the Jefferson County Auditor's Office, as required by JCC
18.05.100.No later than 30 days after the department of community development files
any update of the Official Maps with the Jefferson County Auditor's Office, the
director shall cause the Official Maps to be updated in the GIS database.
(3) The allowable uses are specified in chapter 18.15 JCC and JCC 18.15.40,Table 3-1 or
in JCC 18.18.040, Table 3A-1.
18.19.120 Interim on-site septic systems.
(1) If the proposed use or major modification is located within the Irondale and Port
Hadlock Urban Growth Area where sewers are not available as described in title 13
JCC, then transitional rural development standards in this chapter apply. For
13
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
any new development or redevelopment where sewers are not available as described
in title 13 JCC, the property owner shall install
an on-site septic system consistent with the requirements of chapter 8.15 JCC. For
system within critical aquifer recharge areas, as identified in Article III of chapter
18.22 JCC,the property owner shall satisfy all of the requirements of JCC 18.30.180,
on-site sewage disposal best management practices in critical aquifer recharge areas.
(2) Conditions to Interim On-Site Septic Systems and Connection to Future Sewer
Service. If an on-site sewage system is proposed for placement in the Irondale and Port
Hadlock Urban Growth Area for interim use prior to sewer availability, the
property owner shall sign an agreement with the operator of the Port Hadlock UGA
sewer utility (see JCC 13.01.070) agreeing that the property shall be connected to the
PHUGA sewer system within one year of sewer availability as described
in JCC 18.18.060(4)(a) and JCC 13.04.010. Concurrently with the connection of the
property to the PHUGA sewer system, but no later than 90 days after connection of
the property to the PHUGA sewer system, the on-site sewage system shall be
decommissioned in accordance with WAC 246-272A-0300.
The agreement shall be recorded with the Jefferson County Auditor' Office.
(3) No Protest Agreement. In addition, as a condition of development approval and for all
property owned by the same owner in a local improvement district (LID), the owner
shall sign an agreement not to protest a future LID or other pro rata sharing of costs to
construct and extend public sewer to the property within the next 20 years, as part of
the urban level of service phasing plan in the capital facilities plan for the PHUGA.
(4) Interpretations. Within this section, "new development" and "major modification"
means any development that requires wastewater/sanitary sewer provisions which
cannot be met with an existing system.
18.19.130 Rural development standards.
For rural development allowed in this chapter, development shall be consistent with the
following Uniform Development Code chapters:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts (except as
specified in JCC 18.19.140)
18.20 Performance and Use-Specific
Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
18.40 Permit Application and Review
Procedures/SEPA Implementation
14
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (Apex. B); Ord. 9-09 § 2 (Exh. B)]
18.19.140 Mini-storage facilities prohibited.
(1)Mini-storage facilities shall not be allowed in rural commercial areas within UGA planning
area, except as allowed below. Mini-storage facilities are not allowed in order to prevent land
uses in those rural commercial areas which are, by their nature, inconsistent with the goals of
the future UGA that are to promote employment, affordable housing, retail choices, better
water management, public health, and environmental protection that are made possible by
developing urban sewer service. For the purposes of this chapter, Table 3-1, JCC 18.15.040,
allowable and prohibited uses for mini-storage facilities shall be as follows, to show that
whereas they may be allowed in other similarly-designated rural commercial areas in the
county, mini-storage facilities are not allowed in the rural commercial areas found within the
planning area for the Irondale and Hadlock UGA:
15
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVE1,OPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
Resource Rural Publi UG
Lands Residential Rural Commercial Rural Industrial c A
Iron
dale
Forest and
Agricu — 1 Ru Reso Light Parks Port
1 1 ral Light , Had
Rural Comm D Conve Gene urce- Light Indu Heav
DU DU Vill Neighborho Industrial/Ma Prese lock
— ercial, U/ nience ral Base IndustriaUC strial
/10 /20 age od/Visitor nufacturing Y rves
Prime Rural 5 Crossr Cross d ommercial (Glen Indu
and and Ac Ac Ac Ce oad Crossroad road Indu (Glen Cove) Cove (Quilcene and strial and Urb
Local Inhold res res res me strial Eastview) Recre an
r ) ation Gro
ing wth
Are
a
Spe
cific
Lan R RR RR
d CF/RF R 1:1 1:2 RV UG
Use AG /IF 1:5 0 0 C CC NC GC RBI LI/C LI LI/M HI PPR A
Min No No No No No No No No No No No No No No No See
i- Cha
stor pter
age 18.1
facil 8
ities JCC
16
Appendix A,Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
(2) Exception. Expansion of existing mini-storage facilities may be allowed if:
(a) They are consistent with the requirements of this title including Table 3-1 found at
JCC 18.15.040.
(b) Mini-storage infill may only be allowed on parcels that contain the existing mini-
storage.
(c) Boundary line adjustments are not allowed to increase the size of the existing parcel
to accommodate expansions of mini-storage proposals.
(d) This exception applies only to lands containing existing mini-storage as they exist on
the effective date of this control. [Ord. 9-09 § 2 (Exh. B)]
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under chapter 18.18 JCC in the Phase 1 area prior
to initial startup of the PHUGA sewer system.
(1)Prior to availability of the Port Hadlock urban growth area sewer system("PHUGA sewer
system"),the director may,in their sole discretion,accept any application for processing under
title 15 JCC or this title in which the applicant desires connection to or anticipates a
requirement to connect to the PHUGA sewer system, under the following circumstances:
(a)The director of public works confirms that the applicant's proposal will be eligible for
connection, or will be required to connect, to the PHUGA sewer system when the sewer
becomes operational;
(b) The applicant's project is consistent with the urban growth area planning designation
for the Port Hadlock UGA contained in the Comprehensive Plan and implementing
development regulations in chapter 18.18 JCC, which will be in effect when the sewer
system is operational and available to the property; and
(c) The applicant agrees to assume the risk of starting project permitting prior to the date
at which the PHUGA sewer system is fully operational and available to applicant's
property, and agrees to a tolling of the time periods otherwise required by this title that
may be exceeded as a result of the following possible delays:
(i) The time necessary to complete installation of the sewer system connection to the
applicant's property; and
(ii) The time necessary for the sewer system to be declared operational.
(2) Authorization to submit a development application shall be conditioned on the following
requirements:
(a) The applicant signs an acknowledgement that:
17
Appendix A,Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
(i) Installation of the sewer system in the Port Hadlock UGA is a major public works
project for which schedule delays are foreseeable, despite best efforts;
(ii) Commencement of construction will not be granted for any project reviewed
pursuant to this section until the director of the department of public works provides
an authorization stating that the county has executed a contract for construction of the
pressure sewer to the applicant's property and providing a projected timeline for
completion of the sewer connection; and
(iii) A certificate of occupancy will not be issued for any project reviewed pursuant
to this section until the sewer connection to the applicant's property is completed and
the PHUGA sewer system is declared operational by the department of public works;
(b) The applicant signs a document containing the following provisions:
(i) An agreement of assumption of risk and waiver of any damages resulting from a
delay in commencement of construction or receipt of a certificate of occupancy as
required by subsection (2)(a) of this section; and
(ii)An agreement any time period set in this title,including but not limited to the 120-
day time period and JCC 18.40.300, will be tolled during the following possible
delays:
(A) The time necessary to complete installation of the sewer system connection to
the applicant's property; and
(B) The time necessary for the sewer system to be declared operational.
(3)No application submitted pursuant to this section will vest pursuant to JCC 18.40.320, if
vesting is authorized by state law to that type of application,until the development regulations
contained in chapter 18.18 JCC are in effect on the land and a fully complete application is
on file with DCD. [Ord. 11-23 § 8 (Att. A)]
1 Note: When sewer service is available,refer to chapter 18.18 JCC.Effective as of the date of adoption
of Ordinance No.03-0323-09,March 23,2009,Jefferson County will apply urban standards to parcels
where sewer is available. The applicable map for Irondale and Port Hadlock UGA Zoning is found in
the UGA Element, Exhibit 1-22 , Jefferson County Comprehensive Plan (2018) and the applicable
density standards and development requirements when sewer is available are found in chapter 18.18
JCC.
18
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Chapter 18.35
LAND DIVISIONS
Sections:
Article I. General Provisions
18.35.010 General authority.
18.35.020 Purpose.
18.35.030 Applicability.
18.35.040 Exemptions.
18.35.050 Violations—Penalties.
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
18.35.070 Application submittal and contents.
18.35.080 Review process and criteria.
Article III. Short Subdivisions
18.35.090 Scope.
18.35.100 Application submittal and contents.
18.35.110 Preliminary short plat preparation.
18.35.120 Preliminary short plat contents.
18.35.130 Short plat approval criteria.
18.35.140 Short plat review process.
18.35.150 Modifications to an approved preliminary short plat.
18.35.160 Surety.
18.35.170 Director of the department of public works certificate of improvements.
18.35.180 Final short plat requirements.
18.35.190 Accompanying documents—Final short plat.
18.35.200 Final short plat approval.
18.35.210 Time limitation on final short plat submittal.
18.35.220 Effect of an approved final short plat—Valid land use.
18.35.230 Distribution of copies and filing of final short plat.
18.35.240 Transfer of ownership following short plat approval.
18.35.250 Building and occupancy permits—Issuance after final short plat approval.
18.35.260 Accumulative short plats.
Article IV. Long Subdivisions
18.35.270 Scope.
18.35.280 Application submittal and contents.
18.35.290 Preliminary plat—Preparation.
18.35.300 Preliminary plat—Contents.
18.35.310 Approval criteria.
19
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.320 Preliminary long plat review process.
18.35.330 Preliminary plat approval—Phased development.
18.35.340 Modifications to an approved preliminary plat.
18.35.350 Surety.
18.35.360 Director of public works certificate of improvements.
18.35.370 Preparation of a final long plat.
18.35.380 Accompanying documents—Final long plat.
18.35.390 Final long plat application.
18.35.400 Time limitation on final long plat submittal.
18.35.410 Effect of an approved final long plat—Valid land use.
18.35.420 Distribution of copies and filing of final long plat.
18.35.430 Transfer of ownership following final long plat approval.
18.35.440 Building and occupancy permits—Issuance after final long plat approval.
Article V. Binding Site Plans
18.35.450 Purpose.
18.35.460 Scope.
18.35.470 Condominiums.
18.35.480 Application submittal and contents.
18.35.490 Binding site plan approval criteria.
18.35.500 Binding site plan review process.
18.35.510 Binding site plan development standards.
18.35.520 Modifications and vacations.
18.35.530 Distribution of copies and filing.
18.35.540 Time limit.
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
18.35.560 Effect of final binding site plan approval.
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
18.35.580 Transportation and drainage standards.
18.35.590 Responsibility for road improvements.
18.35.600 Health standards.
18.35.610 Fire and utility standards.
18.35.620 Plan review, inspection and fees.
18.35.630 Release of improvement guarantee.
18.35.640 Floods and flood control.
18.35.650 Additional requirements.
18.35.660 Phased subdivision.
Article VII. Plat Alteration
18.35.670 Purpose.
18.35.680 Application submittal and contents.
18.35.690 Review process and criteria.
20
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Article IX. Unit Lot Subdivisions
Article L General Provisions
18.35.010 General authority.
This chapter of the Jefferson County Unified Development Code is adopted under the
authority of chapter 58.17 RCW. [Ord. 8-06 § 1]
18.35.020 Purpose.
The purpose of this chapter is to regulate the division of land lying within Jefferson County,
and to promote the public health, safety, and general welfare in accordance with the standards
established by the state of Washington and Jefferson County, and to:
(1) Prevent the overcrowding of land;
(2) Lessen congestion and promote safe and convenient travel by the public on sidewalks,
pathways, streets and highways;
(3)Promote the efficient use of land;
(4)Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools,
parks, recreational areas, fire protection and other capital requirements;
(5)Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate
legal description;
(6)Facilitate the expeditious processing of development applications through the adoption of
clear, predictable and uniformly applied land division regulations; and
(7) Implement the goals, policies and substantive requirements of the Washington State
Growth Management Act (chapter 36.70A RCW) and the Jefferson County Comprehensive
Plan. [Ord. 8-06 § 11
18.35.030 Applicability.
(1) This chapter applies to the division of land into four parcels for short subdivisions and of
five or more parcels for long subdivisions. This chapter further applies to boundary line
adjustments and binding site plan review and regulation.
(2)Property boundary lines separating two or more lots of record may be adjusted only under
the specific provisions set forth in this chapter.
(3) The process for resubdivision, alteration and vacation of any existing subdivision is
identical to the process for initial subdivision.All such subdivision applications shall conform
with the applicable sections in this chapter governing the subdivision of property into lots,
tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria
set forth in RCW 58.17.212, as now adopted or hereafter amended.
21
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) Where this chapter imposes greater restrictions or higher standards upon the development
of land than other provisions of this code, laws, ordinances or restrictive covenants, the
provisions of this chapter shall prevail.
(5)Pursuant to chapters 79.125 and 58.17 RCW,tidelands boundaries that are coincident with
state-owned aquatic lands may not be altered in any fashion under this section. [Ord. 11-23 §
8 (Att. A); Ord. 8-06 § 1]
18.35.040 Exemptions.
This chapter does not apply to the following:
(1)Divisions of land into lots,tracts or parcels each one of which is one-sixteenth of a section
of land or larger, or 40 acres or larger if the land is not capable of description as a fraction of
a section of land; provided, that for purposes of computing the size of a lot that borders on a
street or road,the lot size shall be expanded to include that area that would be bounded by the
center line of the street or road and the side lot lines of the lot running perpendicular to such
center line; and provided further,that within the commercial forest district(i.e., CF-80), each
lot,tract or parcel shall be at least 80 acres in size;
(2) Cemeteries and burial plots while used for that purpose;
(3) Divisions of land made by testamentary provisions or the laws of descent; provided, that
this exemption shall not be construed to permit inter vivos transfers,and provided further,that
any structure or use on the property must comply with all other applicable county regulations;
and
(4) Divisions of land relating to the acquisition of a fee simple interest in land by public
agencies, including, but not limited to, divisions made for road or public right-of-way
conveyance or widening purposes. This exemption shall not be construed to include
acquisitions of easements. [Ord. 8-06 § 1]
(5) Boundary line agreement to resolve any dispute between two or more parcels of real
property where the boundaries cannot be identified from the existing public record,
monuments, and landmarks, provided such agreement shall be executed in conformance with
RCW 58.04.007.
18.35.050 Violations—Penalties.
(1)Criminal Penalties and Liability.Any person,firm,corporation,or association or any agent
of any person, firm, corporation or association who sells, offers for sale, leases, or transfers
any lot,tract,or parcel of land prior to compliance with this chapter is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by
imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment.
Each violation or each sale,offer for sale,lease,or transfer of each separate lot,tract,or parcel
of land in violation of any provision of this chapter is deemed a separate and distinct offense.
If performance of an offer of agreement to sell, lease or otherwise transfer a lot,tract or parcel
of land following preliminary approval of a short plat or long plat, but prior to final plat
approval, is expressly conditioned on the recording of the final plat containing the lot,tract or
parcel under this chapter,the offer or agreement does not violate any provision of this chapter.
All payments on account of an offer or agreement conditioned as provided in this chapter shall
22
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
be deposited in an escrow account and no disbursements to sellers are permitted until the final
plat is recorded. This prohibition of property transfers prior to compliance with this chapter
shall apply equally to transfers prior to completion of short subdivisions, long subdivisions
and binding site plans.
(2)title 19 JCC Applicable. In addition to the penalties provided in this section, all violations
of any provision of this chapter or any incorporated standards, or conditions of any permit
issued hereunder, are subject to the provisions of title 19 JCC. The administrator is authorized
to enforce the provisions of this chapter in accordance with title 19 JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long
subdivision, or binding site plan fails and refuses to install required improvements in the time
required by any preliminary or final approval, the county may withhold further building or
other development permits, make demand against any bonds, collect monies deposited in
escrow to secure installation of improvements, initiate a local improvement district, or take
such other action as may be necessary to cause the improvements to be made. [Ord. 9-20 § 2
(Appx. B); Ord. 8-06 § 1]
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
(1)Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines between platted or unplatted lots,tracts
or parcels, or both in order to:
(a)Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a
buildable lot or for any other lawful purpose;
(b)Rectify defects in legal descriptions;
(c)Achieve increased setbacks from property lines or critical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act, chapter
58.09 RCW and chapter 332-130 WAC.
(2)Prohibited Boundary Changes.This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan
or division as defined in chapter 18.10 JCC;
(b)Result in a lot,tract or parcel or site within a binding site plan that does not qualify as
a buildable lot as defined in chapter 18.10 JCC;
(c) An adjustment that crosses zoning district boundaries. Adjustments may be allowed
across different rural residential densities;
23
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(d)Be inconsistent with any restrictions or conditions of approval for a recorded short plat
or long plat; or circumvent the short subdivision or long subdivision procedures set forth
in this chapter.
(3)Lot Consolidation. The consolidation of two or more lots,tracts or parcels for the purpose
of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in
all cases be considered a minor adjustment of boundary lines and shall not be subject to the
short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not
require a survey or soil evaluation.
(4)Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall
be considered a single site and no lot lines on the site may be altered by a boundary line
adjustment to separate lots to another property not included in the original site plan of the
subject development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the
adjustment of boundary lines to match water bodies,roads, or fence lines, shall be considered
minor adjustments and shall not require a soil evaluation.
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary
line adjustment process, those lots shall not be permitted to use the boundary line adjustment
process again for five years with the exception of lot consolidations, testamentary divisions,
civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or
more property owners for the purpose of settling a dispute. [Ord. 9-22 § 4(Appx. C); Ord. 14-
18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the
following:
(1) Applications for boundary line adjustments shall be made on forms provided by the
Jefferson County department of community development and shall be submitted to the
department of community development, along with the appropriate fees established under the
Jefferson County fee ordinance;
(a) A single application may be submitted for multiple BLAs for adjacent parcels, lots,
tracts or sites within a binding site plan. However, standard application fee(s) shall apply
to each BLA after the first two per additional parcel, lot, tract or site;
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the
number of resulting parcels or lots;
(2) A completed land use permit application form, including all materials required pursuant
to chapter 18.40 JCC;
(3)A digital copy of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
24
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(b)The existing lot,tract or parcel lines proposed to be changed, indicated by light broken
lines;
(c)The location and dimensions of all structures/improvements existing upon the affected
lots, tracts or parcels and the distance between each such structure/improvement and the
proposed boundary lines, with structures proposed to be removed from the site depicted
with broken lines and structures to remain on the site depicted with solid lines;
(d)A north arrow indication and scale;
(e)All assessor's tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
(g) The location and dimensions of any easements within or adjacent to any affected lots,
tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or
platted streets or roads,whether public or private,and other public ways within or adjacent
to the affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
0) The existing on-site sewage system components and reserve areas and the proposed
location for on-site sewage systems and soil test pits for all affected lots that are not
currently served by an on-site sewage system or other approved wastewater treatment
system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(1) The approximate location and extent of any critical areas identified in chapter 18.22
JCC. The following notice will be recorded on the drawing when the parcels that are part
of the boundary line adjustment include, or are adjacent to, critical areas:
Notice to Public: Current Jefferson County geographic information systems
(GIS) maps identify the presence of a critical area such as stream, wetland,
flood, landslide hazard, erosion,aquifer recharge area, fish and wildlife habitat,
shoreline, etc., lying within and/or adjacent to the revised parcels encompassed
by this Boundary Line Adjustment. Prior to any land disturbing activity or
construction activity, applicant/owner shall contact the Jefferson County
department of community development regarding compliance for such critical
areas. Approval of this Boundary Line Adjustment does not guarantee a
buildable site within said parcel(s). Such determination is dependent on
approvals of water, septic, bulk and dimensional setbacks, and critical area
requirements.
(4) The original legal description of the entire property together with new separate legal
descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing
parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include
on the face a formal legal declaration of the boundary line adjustment, signed and notarized
25
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
by all legal owners of the subject properties. In cases where the property has not been
surveyed, the following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your
request for a Boundary Line Adjustment (BLA) has been approved. Since no
survey was submitted as part of your BLA application, the County accepts no
liability for what facts a survey might have revealed. A survey might have
revealed that a structure or improvement believed to be on the applicant's
property is, in fact, located wholly or partially upon someone else's property or
upon property that is not the subject of this BLA.But in the absence of a survey,
the applicant bears sole responsibility if such a problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or
planned rural residential development (PRRD) agreements pertaining to or affecting the
property; and
(6) If applicable, the applicant shall provide written verification from the Jefferson County
department of environmental health that the lots, tracts, parcels or sites, as each would exist
after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal
system. The location of soil logs must be shown on the drawing to show land area sufficient
to meet environmental health requirements for each resultant lot,tract, or parcel that does not
contain a dwelling.
This requirement shall be waived for resultant parcels that have limited the use of the resultant
parcel to agriculture, forestry, or open space through conservation easements, restrictive
covenant,or similar legal arrangement. The open space tax program shall not be used to fulfill
this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deeds of trust or mortgages)or any other encumbrances affecting the title
of said parcels. Such individuals or corporations shall sign and approve the final survey
prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d)Any easements or restrictions affecting the properties to be adjusted with a description
of purpose and referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.)policy may be required by the director of the
department of public works. [Ord. 9-22 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 8-
06 § 11
26
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.080 Review process and criteria.
(1)Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson
County assessor.
(2) Based on any comments solicited and received from the department of public works, the
department of environmental health or other applicable departments and agencies, the
administrator shall approve the proposed boundary line adjustment only upon finding that the
adjustment would not:
(a) Create any additional lot, tract, parcel, or site within a binding site plan or division or
relocate any lot,tract,parcel,or site within a binding site plan or division to another parent
parcel;
(b) Result in the creation of a lot which is not a buildable lot, unless such lot is restricted
by recorded instrument acknowledging the lot is for the purpose of conservation, open
space, or other similar purpose;
(c) Result in a lot, tract, parcel, site within a binding site plan or division that results in
insufficient area or dimension to meet water availability and the minimum requirements
for area and dimension as set forth in chapter 18.15 JCC and state and local health codes
and regulations;
(d) Diminish or impair drainage, water supply, existing sewage disposal, and access or
easement for vehicles or pedestrians, utilities, and fire protection for any lot,tract,parcel,
site(i.e., within an approved binding site plan), or division;
(e) Diminish or impair any public or private utility easement or deprive any parcel of
access or utilities;
(f)Diminish or impair the functions and values of critical areas designated under chapter
18.22 JCC, or create an unsafe or hazardous environmental condition;
(g) Create unreasonably restrictive or hazardous access to the property;
(h) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of
an existing lot, tract or parcel relative to chapter 18.15 JCC;
(i) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the
conditions of approval for any short or long subdivision; or
0) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception
of an adjustment across rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be
prepared by a licensed land surveyor in accordance with chapter 58.09 RCW and chapter 332-
130 WAC. The document shall contain a land surveyor's certificate and a recording
certificate. The final page of the record of survey document shall contain the following
signature blocks:
27
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(a) The Jefferson County assessor's office, to be signed by the Jefferson County assessor
or their designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and
referenced by auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A
BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6).
IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS,
PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON
SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY
PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE
BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS,
PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA
AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A
BUILDING SITE.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before
approval of any boundary line adjustment.
(6)Applications for boundary line adjustments shall be processed according to the procedures
for Type I land use decisions established in Chapter 18.40 JCC. [Ord. 9-22 § 4 (Appx. C);
Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
Article III. Short Subdivisions
18.35.090 Scope.
Any land being divided into four or fewer lots, tracts or parcels that has not been divided
through a short subdivision within the previous five years shall meet the requirements of this
article. Land within an approved short subdivision may not be further divided in any manner
within a period of five years without the filing of a long plat. However, when a short plat
contains fewer than four parcels, the owner of the short plat may file an alteration within the
five-year period to create up to four lots within the boundaries of the original short plat;
provided,that the parcel is not held in common ownership with a contiguous parcel which has
been subdivided within the preceding five years. [Ord. 8-06 § 1]
18.35.100 Application submittal and contents.
To be considered complete, applications for short subdivisions shall include the following
information:
(1)Applications for short subdivisions shall be made on forms provided by DCD and shall be
submitted to DCD, along with the appropriate fees established under the Jefferson County fee
ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to chapter 18.40 JCC;
28
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(3)A sworn certification by the applicant verifying whether the applicant has any interest in
any land adjacent to any portion of the subject property;such interest in land may be by reason
of ownership, contract for purchase by an agreement or option by any person,family member,
firm or corporation in any manner connected with the applicant or the development;
(4)The dimensions and area of each proposed lot, tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of chapter
18.15 JCC; provided, that the area of land contained in access easements, access panhandles
or pipestem configurations shall not be included in the area computations;
(5)Five paper copies of a preliminary short plat meeting the standards of JCC 18.35.110 and
18.35.120;
(6)Where applicable,any special reports or studies required under chapter 18.22 JCC(Critical
Areas);
(7) A preliminary drainage plan prepared in a manner consistent with the requirements of
chapter 18.30 JCC, including any soil test information that may be deemed necessary by the
director of the department of public works;
(8) The estimated quantities of any fill to be expected from the site and imported to the site;
and
(9) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 11-23 § 8 (Att. A); Ord. 8-06 § 1]
18.35.110 Preliminary short plat preparation.
The preliminary short plat shall be prepared in accordance with the following requirements:
(1) The preliminary short plat shall be prepared by a Washington State licensed engineer or
land surveyor registered or licensed by the state of Washington. The preparer shall certify on
the short plat that it is a true and correct representation of the land actually surveyed. The
preparation of the plat shall comply with the Survey Recording Act, chapter 58.09 RCW and
chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property,
the surveyor shall place temporary stakes on the property to enable the county to locate and
assess features of the short plat in the field. The datum to be used for all surveying and
mapping shall be as follows: The projection name is the state plane; the projection spheroid
is GRS 1980;the coordinate system is Washington State Plane North Zone; and the horizontal
datum is NAD 83.
(2) All geographic information portrayed by the preliminary short plat shall be accurate,
legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location
sketch and typical roadway cross-sections may be drawn to any other appropriate scale.
(3)A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders,
and if more than one sheet is needed,each sheet shall be numbered consecutively and an index
sheet showing the entire property and orienting the other sheets,at any appropriate scale, shall
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
29
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
index sheet showing the entire subdivision with road and highway names and block numbers
(if any)shall be provided.Each sheet,including the index sheet,shall be of the above specified
size.
(4) The area of each proposed lot, tract or parcel on the short plat map shall accurately show
that each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements.
The area of land contained in access easements,access panhandles or pipestem configurations
shall not be included in the area computations. [Ord. 8-06 § I]
18.35.120 Preliminary short plat contents.
(1) A preliminary short plat shall be submitted on one or more sheets and shall provide the
information described below. All specifications for required improvements shall conform to
the development standards contained in chapter 18.30 JCC.
(a) The name of the proposed subdivisions together with the words "Preliminary Short
Plat";
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d)Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e)Identification of all land intended to be cleared, and the location of the proposed access
to the site for clearing and grading during site development or construction; and
(f)A form for the endorsement of the administrator, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property,roads, and other
major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary short plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
30
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lots of record which are to be vacated, and all existing property lines for any property
adjacent to the subject property which is under the same ownership as the property to be
subdivided(as described in JCC 18.35.110(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be divided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to the subdivision as part of the proposal (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision(if applicable);
(i) The location of any critical areas as described in chapter 18.22 JCC;
0)The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well and associated setbacks existing within the proposed
subdivision;
(1) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet, labeled at intervals not to exceed 20
feet;
(n)The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of any proposed lots, tracts or parcels, the area and
dimensions of each proposed lot, tract or parcel, and the proposed identifying number or
letter to be assigned to each lot, tract or parcel, and block(if applicable);
(b) The right-of-way location and width, the proposed name of each road, street or other
public way to be created and the estimated tentative grades of such roads;where roadways
may exceed the maximum allowable grade or alignment,the director of the department of
31
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
public works may require sufficient data, including centerline profiles and cross-sections,
if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement to be created;
(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelope, as defined in JCC 18.10.020, shall be indicated for each lot;
(h)Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water
system improvements, including fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if
applicable) profiles and all pump stations and their connections to the existing system;
(k)Proposed location and description of all stormwater management improvements;
(1) Proposed road cross-sections, showing bicycle and pedestrian pathways, trails and
sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping(if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information, as deemed necessary, to satisfy any other regulatory requirements. The
administrator may also waive specific submittal requirements determined to be unnecessary
for review of an application. In such event,the administrator shall document the waiver in the
project file or log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.130 Short plat approval criteria.
In addition to the review criteria provided in chapter 18.40 JCC, the following criteria are the
minimum measures by which each proposed short subdivision will be considered:
(1) Short subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the administrator that all of the following have been
satisfied:
32
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
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 code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets
and other public ways, potable water, transit facilities, sewage disposal, parks,
playgrounds, schools, sidewalks and other improvements to assure safe walking
conditions for students who walk to and from school;
(c) Approving the proposed short subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in
accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed
subdivision may be denied because of flood, inundation or swamp conditions. Where any
portion of the proposed short subdivision lies within both a flood control zone, as specified
by chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the
county shall not approve the preliminary short plat unless:
(a)The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of chapter
18.15 JCC and any written recommendations of the Washington State Department of
Ecology. In such cases, the county shall issue no development permit associated with the
proposed short subdivision until flood control problems have been resolved.
18.35.140 Short plat review process.
(1)An application for a short subdivision shall be processed according to the procedures for
Type II land use decisions established in chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official, school district in which the proposal is located, adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
(3)Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC 18.35.130.
A proposed short plat shall only be approved when consistent with all the provisions of JCC
18.35.130.
33
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) An applicant for a short subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in chapter 18.40 JCC, and shall satisfy the criteria contained in
Article IV of chapter 18.40 JCC, Variances.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes must be paid before
the approval of a short subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.150 Modifications to an approved preliminary short plat.
(1)Minor modifications to a previously approved preliminary short plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in chapter 18.40 JCC; provided, that the modification does not involve any of the following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d)The relocation of an entire lot,tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the short subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application
approval; and
(c)The modification will not cause the short subdivision 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
preliminary short plat application. [Ord. 8-06 § 1]
18.35.160 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
not complete construction within one year, Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
34
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.170 Director of the department of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with the development
standards contained in chapter 18.30 JCC and any incorporated standards have been received
and approved by the director of the department of public works. All construction of
improvements shall be inspected and approved in conformance with the development
standards contained in chapter 18.30 JCC and any incorporated standards. After completion
of all required improvements or the guarantee of the construction of all required
improvements, the director of the department of public works shall submit a certificate in
triplicate to the administrator stating the required improvements or guarantees are in
accordance with the provisions of this chapter, the preliminary short plat, including the
county's decision approving the short plat, and in accordance with the development standards
contained in chapter 18.30 JCC and any incorporated standards. The administrator shall
transmit one copy of the certification to the subdivider, together with a notice advising the
subdivider to prepare a final plat for the proposed short subdivision. The administrator shall
retain one copy of the certificate. [Ord. 8-06 § 1]
18.35.180 Final short plat requirements.
The applicant must submit a reproducible copy, plus five paper copies of the proposed final
short plat to the administrator. The reproducible copy of the approved final short plat will
contain the elements as described in JCC 18.35.120 and shall include certifications and other
requirements as provided in JCC 18.35.370 for long plats. [Ord. 8-06 § 1]
18.35.190 Accompanying documents—Final short plat.
(1)In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within
a subdivision, a type written copy of such covenants, bearing all necessary signatures, shall
be submitted along with the final plat. Where the recordation of specific deed restrictions or
CC&R provisions have been required as a condition of preliminary plat approval, the
administrator shall approve and sign the deed restriction or CC&Rs prior to final plat approval.
(2) The final plat shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deeds or trust or mortgages)or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor's file number and/or recording
number; and
35
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.)policy may be required by the director of the
department of public works.
(3)All maintenance,performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the approved improvement method
report to guarantee the acceptability and/or performance of all required improvements. [Ord.
8-06 § 1]
18.35.200 Final short plat approval.
The final short plat shall be approved by the administrator upon satisfaction of all conditions
of approval and all requirements as provided in this article and Article VI of this chapter.Final
approval of short plats by the Jefferson County board of county commissioners shall be
required. All final short plats shall be approved, disapproved or returned to the applicant
within 30 days of their filing, unless the applicant consents to an extension of time in writing.
[Ord. 8-06 § 1]
18.35.210 Time limitation on final short plat submittal.
Approval of a preliminary short plat shall expire unless the applicant submits a proposed final
plat in proper form for final approval within three years after preliminary approval. The
department of community development shall not be responsible for notifying the applicant of
an impending expiration. [Ord. 8-06 § 11
18.35.220 Effect of an approved final short plat—Valid land use.
Any lots, tracts or parcels in a final short plat filed for record shall be a valid land use
notwithstanding any change in zoning for a period of five years from the date of filing. A
short subdivision shall be governed by the terms of approval of the final short plat, and the
statutes, ordinances and regulations in effect on the date of preliminary plat approval for a
period of five years after final short plat approval unless the Jefferson County board of
commissioners finds that a change in conditions creates a serious threat to the public health
or safety of residents within or outside the short subdivision. [Ord. 8-06 § I]
18.35.230 Distribution of copies and filing of final short plat.
The administrator shall distribute the original and copies of the approved final short plat as
follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording; and
(2) One recorded paper copy shall be retained in the files of the department of community
development. [Ord. 8-06 § 1]
18.35.240 Transfer of ownership following short plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to short subdivisions, no person, firm, or corporation shall sell or transfer any
such lot,tract or parcel without having first received final approval of the short plat and having
recorded the final short plat with the Jefferson County auditor. It is the responsibility of the
applicant to ensure that a final short plat is fully certified and filed for record with the Jefferson
County auditor prior to transferring ownership of any land. [Ord. 8-06 § I]
36
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.250 Building and occupancy permits—Issuance after final short plat approval.
(1)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
18.35.260 Accumulative short plats.
Accumulative short plats are not permitted. The short subdivision process may not be used to
apply for a series of short plats within two years from any application,thereby circumventing
the long subdivision procedures. [Ord. 8-06 § I]
Article IV. Long Subdivisions
18.35.270 Scope.
Long subdivisions, as processed under this article, shall include all divisions of land into five
or more lots, and shall require improvements so that any development will be in compliance
with this code and any other codes or ordinances which may apply. [Ord. 8-06 § I]
18.35.280 Application submittal and contents.
To be considered complete, the application for a long subdivision shall include the following
information:
(1) The application for approval of a long subdivision shall be submitted to the department of
community development on forms to be provided by the department along with the
appropriate fees established by the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to chapter 18.40 JCC;
(3)The area and dimensions of each proposed lot,tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of chapter
18.15 JCC. The area of land contained in access easements, access panhandles or pipestem
configurations shall not be included in the area computations;
(4) Five paper copies of a preliminary plat meeting the standards and requirements of JCC
18.35.290 and 18.35.300;
37
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(5) Where applicable, any special reports or studies required under chapter 18.15 JCC,
prepared in accordance with the requirements of Article VI-K of chapter 18.15 JCC;
(6) A preliminary drainage plan prepared in a manner consistent with the requirements of
chapter 18.30 JCC, including any soil test information as may be deemed necessary by the
director of the department of public works;
(7) The estimated quantities of any fill to be exported from the site and imported to the site;
and
(8) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 8-06 § 1]
18.35.290 Preliminary plat—Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
(1) The preliminary plat shall be prepared by a Washington State licensed engineer or land
surveyor registered or licensed by the state of Washington. The preparer shall certify on the
plat that it is a true and correct representation of the lands actually surveyed. The preparation
of the plat shall comply with the Survey Recording Act,chapter 58.09 RCW and Chapter 332-
130 WAC as now adopted or hereafter amended. Upon surveying the property, the surveyor
shall place temporary stakes on the property to enable the county to locate and assess features
of the long plat in the field. The datum to be used for all surveying and mapping shall be as
follows: The projection name is the state plane; the projection spheroid is GRS 1980; the
coordinate system is the Washington State Plane North Zone; and the horizontal datum is
NAD 83.
(2)All geographic information portrayed by the preliminary plat shall be accurate, legible and
drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and
typical roadway cross-sections may be drawn to any other appropriate scale.
(3)A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders,
and if more than one sheet is needed,each sheet shall be numbered consecutively and an index
sheet showing the entire property and orienting the other sheets,at any appropriate scale, shall
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
index sheet showing the entire subdivision with road and highway names and block number
(if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size.
(4) The area of each proposed lot or parcel depicted on the long plat map shall accurately
show that each lot, tract or parcel contains sufficient area to satisfy minimum zoning
requirements. The area of land contained in access easements, access panhandles or pipestem
configurations shall not be included in the lot size computations. [Ord. 8-06 § 1]
18.35.300 Preliminary plat—Contents.
(1)A preliminary plat shall be submitted on one or more sheets and shall provide the following
information. All specifications for public improvements shall conform to the standards
contained in chapter 18.30 JCC, including any standards incorporated therein:
38
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(a) The name of the proposed subdivision together with the words "Preliminary Plat";
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d) Numeric scale 50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e)Identification of all land intended to be cleared,and the location of the proposed access
to the site for clearing and grading during site development and construction; and
(f) A form for the endorsement of the administrator of the department of community
development, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property,roads, and other
major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lot of record which are to be vacated, and all existing property lines for any property
lying adjacent to the subject property which is under the same ownership as the property
to be subdivided(as described in JCC 18.35.290(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be subdivided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to as part of the proposed subdivision(if applicable);
39
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision(if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision(if applicable);
(i) The location of any critical areas as described in chapter 18.22 JCC;
0)The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well existing within the proposed subdivision;
(1) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet labeled at intervals not to exceed 20
feet;
(n)The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a)The boundaries in bold solid lines of all proposed lots,the area and dimensions of each
proposed lot, and the proposed identifying number or letter to be assigned to each lot
and/or block;
(b)The right-of-way location and width, the proposed name of each road, street, alley, or
other public way to be created and the estimated tentative grades of such streets; where
roadways may exceed the maximum allowable grade or alignment, the director of the
department of public works may require sufficient data, including centerline profiles and
cross-sections if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement created;
(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelopes, as defined in JCC 18.10.020, shall be indicated for each lot;
(h)Proposed monumentation;
40
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(i) Proposed location and description of all individual or community wells, or water
system improvements, including all proposed fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if
applicable)profiles, and, if needed, all pump stations and their connections to the existing
system;
(k) Proposed location and description of all stormwater management system
improvements;
(1) Proposed road cross-sections, showing proposed bicycle and pedestrian pathways,
trails and sidewalks (if applicable);
(m)Proposed type and location of road lighting (if applicable);
(n)Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information as needed to satisfy any other regulatory requirements. The administrator may
also waive specific submittal requirements determined to be unnecessary for review of an
application. In such event, the administrator shall document the waiver in the project file or
log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.310 Approval criteria.
In addition to the review criteria provided chapter 18.40 JCC, the following criteria are the
minimum measures by which each proposed subdivision will be considered:
(1) Long subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the county that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
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 code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets,
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools, sidewalks and other improvements that assure safe walking conditions for
students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed subdivision,
together with any practical means of mitigating adverse impacts, have been considered
41
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
such that the proposal will not have an unacceptable adverse effect upon the quality of the
environment, in accordance with the State Environmental Policy Act (SEPA)
implementing provisions contained within chapter 18.40 JCC and chapter 43.21C RCW;
(d)Approving the proposed subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
(2)Notwithstanding approval criteria set forth in subsection(1) of this section, in accordance
with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be
denied because of flood, inundation or swamp conditions. Where any portion of the proposed
subdivision lies within both a flood control zone, as specified by chapter 86.16 RCW, and
either the 100-year floodplain or the regulatory floodway, the county shall not approve the
preliminary plat unless:
(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no
feasible alternative exists to locating lots and building envelopes within the 100-year
floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of chapter
18.15 JCC and any written recommendations of the Washington State Department of
Ecology. In such cases, the county shall issue no development permit associated with the
proposed short subdivision until flood control problems have been resolved.
(3) Pursuant to RCW 84.56.345 current year and any delinquent taxes must be paid before
approval of any subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.320 Preliminary long plat review process.
(1) An application for a full subdivision shall be processed according to the procedures for
Type III land use decisions established in chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official,school district in which the proposal is located,adjacent jurisdictions
if the proposal is located within one mile of a city or other jurisdiction, Washington State
Department of Transportation, if the proposal is adjacent to a state highway, and any other
state, local or federal officials as may be necessary.
(3)Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC 18.35.310.
A proposed long subdivision shall only be approved when consistent with all the provisions
of JCC 18.35.310.
(4) An applicant for a long subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in chapter 18.40 JCC, and shall satisfy the criteria contained in
Article IV of chapter 18.40 JCC, Variances. [Ord. 8-06 § 1]
42
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.330 Preliminary plat approval—Phased development.
Where subdivision development is proposed in distinct phases,preliminary plat approval must
be granted for the entire subdivision. The plat map must delineate the separate divisions or
phases that are to be developed in increments. The preliminary approval is conditional upon
completion of the proposed phases in a particular sequence and may specify a completion date
for each phase. Final plat approval is granted for each separate phase of the preliminary plat.
Any changes in the development after preliminary approval will require approval in
accordance with JCC 18.35.320. [Ord. 8-06 § I]
18.35.340 Modifications to an approved preliminary plat.
(1) Minor modifications to a previously approved preliminary long plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in chapter 18.40 JCC; provided, that the modification does involve any of the following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d)The relocation of an entire lot,tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the long subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application
approval; and
(c) The modification will not cause the long subdivision 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
preliminary long plat application. [Ord. 8-06 § 1]
18.35.350 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
not complete construction within one year Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
43
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.360 Director of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with chapter 18.30
JCC and any incorporated standards have been received and approved by the director of the
department of public works. All construction of improvements shall be inspected and
approved in conformance with development standards contained in chapter 18.30 JCC and
any incorporated standards. After completion of all required improvements or the guarantee
of the construction of all required improvements, the director of the department of public
works shall submit a certificate in triplicate to the administrator stating the required
improvements or guarantees are in accordance with the provisions of this chapter, the
preliminary plat, including the county's decision approving the plat, and in accordance with
the development standards contained in chapter 18.30 JCC and any incorporated standards.
The administrator shall submit one copy of the certification to the subdivider, together with a
notice advising the subdivider to prepare a final plat for the proposed subdivision. One copy
of the certificate shall be retained by the administrator. [Ord. 8-06 § 1]
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or
a Washington state licensed engineer.
(2)Six paper copies of the final long plat shall be submitted,measuring 18 inches by 24 inches
in size, allowing one-half inch for border.
(3)A final long plat shall contain the following information:
(a) The name of the subdivision;
(b) Legal description of the property being subdivided;
(c)Numeric scale, graphic scale, true north point and date of preparation of the final plat;
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an
accurate traverse, with angular and linear dimensions and bearings;
(e) The exact location, width and name of all roads, streets, alleys and other public ways
within and adjacent to the subdivision;
(f) The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
(g) True courses and distances to the nearest established road lines, or sections or quarter
section corner monuments which shall accurately locate the subdivision;
(h) Section lines accurately tied to the lines of the plat by distances and courses;
(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet
and hundredths of feet;
44
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
0)All house address numbers as assigned by the county;
(k)Delineation of the building envelope of each lot;
(1) The radii, internal angles, points of curvature, tangent bearings and lengths of arc;
(m) The accurate location of each permanent control monument;
(n)All plat meander lines or reference lines along bodies of water shall be established as
above, but not farther than 20 feet from the high water line of such body;
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purpose of such dedication or reservation and any limitations
indicated thereon and in dedication;
(p)Accurate outlines of any area to be reserved by the deed covenant for common use of
owners of property within the subdivision,together with the purposes of such reservation;
(q)Any restrictions or conditions on the lots or tracts within the subdivision, as required
by the county or at the discretion of the property owner, including, but not limited to,
critical area buffers;
(r) The auditor's file number of all documents and conveyances recorded with the
Jefferson County auditor associated with preliminary or final plat approval;
(s)The name and seal of the Washington State licensed land surveyor or Washington State
licensed engineer responsible preparation of the final plat, and a signed certification on
the plat by said surveyor to the effect that it is a true and correct representation of the land
actually surveyed by him or her, that the existing monuments shown thereon exist as
located and that all dimensional and geodetic details are correct;
(t) A signed, notarized certification stating that the subdivision has been made with the
free consent and in accordance with the desires of the all persons with ownership and/or
security interests in the property. If the plat includes a dedication, the certificate or a
separate written instrument shall contain the dedication of all roads and other areas to the
public, any individual or individuals, or to any corporation,public or private, as shown on
the plat. Such certificate or instrument shall be signed and acknowledged before a notary
public by all parties having any interest in the land subdivided. The owner shall waive all
claims against the county, on behalf of the owner and the owner's successors and assigns,
which may be occasioned by the establishment and/or construction of any roads, streets,
storm drainage improvements or other improvements;
(u)An offer of dedication may include a waiver of right of direct access to any road from
any property. Such waiver may be required by the director of the department of public
works as a condition of approval. Any dedication, donation or grant as shown on the face
of the plat shall be considered as a quit claim deed to the said donee or grantee for use for
the purpose intended by the donation or grant;
45
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(v) Signature blocks for the appropriate certification of the county auditor, director of the
department of public works, director of the public health department, and DCD
administrator, as follows:
DIRECTOR OF PUBLIC WORKS CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in
compliance with the certificate of improvements issued pursuant to the
Jefferson County Unified Development Code and is consistent with all
applicable county improvement standards and requirements in force on the
date of preliminary plat approval, this day of ,
20
Director, Jefferson County Department
of Public Works or Designee
DEPARTMENT OF COMMUNITY DEVELOPMENT DIRECTOR'S
CERTIFICATE
I hereby certify that on this day of ,20_,that this
final plat is in substantial conformance with the preliminary plat and any
conditions attached thereto, which preliminary plat was approved by
Jefferson County on the day of , 20
Director, Jefferson County
Community Development Department or Designee
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
Approved by public health department on this day of ,
20
Director, Jefferson County Public Health Dept.
46
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
JEFFERSON COUNTY TREASURER'S CERTIFICATE
All taxes and/or assessments due are paid in full on this day of
, 20
Jefferson County Treasurer or Designee
(w)A form of the approval of the county assessor, as follows:
JEFFERSON COUNTY ASSESSOR'S CERTIFICATE
Examined and approved this day of , 20
Jefferson County Assessor or Designee
Attest:
Deputy Jefferson County Assessor
(x)A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this day of
, 20 , at minutes past_M., and recorded in
Volume of Plats, page Records of Jefferson County,
Washington.
Jefferson County Recording Number
Jefferson County Auditor or Designee
Superintendent of Records
(y)Any additional pertinent information as required at the discretion of the director of the
department of public works or the DCD administrator.
(4)All signatures or certifications appearing on a final plat shall in be reproducible black ink.
[Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1
18.35.380 Accompanying documents—Final long plat.
(1) In cases where any deed covenants or restrictions, including any CC&Rs, will apply to
lots or parcels within a subdivision,a typewritten copy of such covenants bearing all necessary
signatures shall be submitted along with the final plat.
47
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(2) The final plat shall be accompanied by a complete survey of the section or sections in
which the plat or replat is located, or as much thereof as may be necessary to properly orient
the plat within such section or sections. The plat and section survey shall be submitted with
complete field and computation notes, showing the original or re-established corners,with the
description of the same, and the actual traverse showing error or closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine
corners and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company
certification of:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deed of trust or mortgages) or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor's file number and/or recording
number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.) title policy may be required by the director
of the department of public works.
(4)The applicant shall provide the director of the department of public works with a computer
disk containing a complete set of the final plat maps and as-built drawings on CADD(c) or
other GIS-compatible software as acceptable to the director of the department of public works.
(5)All documents submitted under this section shall contain the name of the subdivision and
the name and address of the subdivider.
(6)All maintenance,performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the improvement method report to
guarantee the acceptability and/or performance of all improvements. For all improvements
constructed after final plat approval, reproducible as-built drawing and CADD(c) files shall
be submitted within 15 days of completion of construction. [Ord. 8-06 § 1]
18.35.390 Final long plat application.
(1) Applications for final long plat approval shall be made on forms provided by the
department along with the fee established in the Jefferson County fee ordinance.
(2) Applications for final plat approval shall be processed according to the procedures for
Type IV land use decisions established in chapter 18.40 JCC, and shall be approved,
48
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
disapproved, or returned to the applicant within 30 days of their filing, unless the applicant
consents to an extension of time in writing.
(3)Applications for final plat approval shall be submitted within five years of the date of the
preliminary plat approval.
(4) The final plat map shall be prepared in accordance with JCC 18.35.300 and 18.35.320.
(5) Prior to final approval, with the exception of the recording certificate, the applicant shall
obtain all signatures and certifications on the face of the plat in accordance with JCC
18.35.370. [Ord. 8-06 § 1]
18.35.400 Time limitation on final long plat submittal.
(1)Approval of a preliminary long plat shall be valid as follows:
(a)For preliminary long plats approved on or after January 1, 2015,the original and three
copies of a final long plat meeting all requirements of chapter 58.17 RCW shall be
transmitted by the administrator to the board of county commissioners within five years
of the date of the preliminary long plat approval.
(b)For preliminary long plats approved on or before December 31, 2014,the original and
three copies of the final long plat meeting all requirements of chapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within seven
years of the date of the preliminary long plat approval.
(c)For preliminary long plats approved on or before December 31, 2007, and not located
within shoreline jurisdiction, subject to chapter 90.58 RCW,the original and three copies
of a final long plat meeting all requirements of chapter 58.17 RCW shall be transmitted
by the administrator to the board of county commissioners within 10 years of the date of
the preliminary long plat approval.
(2)No extensions shall be granted.A plat granted preliminary approval but filed for final long
plat approval following the applicable time period shall be null and void. The department of
community development shall not be responsible for notifying the applicant of an impending
preliminary long plat expiration. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.410 Effect of an approved final long plat—Valid land use.
(1) Any lots in a final long plat filed for record on or after January 1, 2015, shall be a valid
land use notwithstanding any change in zoning laws for a period of five years from the date
of filing.
(2) Any lots in a final long plat filed for record on or before December 31, 2014, shall be a
valid land use notwithstanding any change in zoning laws for a period of seven years from the
date of filing.
(3) Any lots in a final long plat filed for record on or before December 31, 2007, and not
located within shoreline jurisdiction, subject to chapter 90.58 RCW, shall be a valid land use
notwithstanding any change in zoning laws for 10 years from the date of filing.
49
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) A long subdivision shall be governed by the terms of approval of the final long plat, and
the statutes, ordinances and regulations in effect on the date of preliminary long plat approval
for a period after final long plat approval as provided in subsections (1), (2) and (3) of this
section unless the board of county commissioners finds that a change in conditions creates a
serious threat to the public health or safety of residents within or outside the subdivision. [Ord.
14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.420 Distribution of copies and filing of final long plat.
The administrator shall distribute the original and copies of the approved final long plat as
follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording;
(2) Prior to the issuance of any building permits, one recorded reproducible copy shall be
transmitted to the director of the department of public works;
(3) One recorded paper copy shall be retained in the files of the department of community
development; and
(4) One recorded paper copy shall be provided to the building official for assignment of
addresses. [Ord. 8-06 § 1]
18.35.430 Transfer of ownership following final long plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to long subdivisions, no person, firm, or corporation shall sell or transfer or
advertise for sale or transfer any such lot, tract or parcel without having first received final
approval of the long plat and having recorded the final long plat with the Jefferson County
auditor. It is the responsibility of the applicant to ensure that a final long plat is fully certified
and filed for record with the Jefferson County auditor prior to transferring ownership of any
land. [Ord. 8-06 § 1]
18.35.440 Building and occupancy permits—Issuance after final long plat approval.
(1)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved long subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
50
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Article V. Binding Site Plans
18.35.450 Purpose.
The purpose of this article is to clearly delineate the criteria used by the county to review and
approve binding site plans. A binding site plan is intended to provide an alternative means of
dividing land.The binding site plan process provides a means for certain types of land division
applications to be processed administratively based upon the development standards and
regulations contained within this code and any other applicable ordinances and regulations.
Binding site plans tie a future development to an approved set of conditions and site layout.
[Ord. 8-06 § 1]
18.35.460 Scope.
This article shall only apply to one or more of the following:
(1) The use of a binding site plan to divisions of land for sale or lease of mixed use,
commercial or industrial zoned property where the applicant proposes a unified scheme of
development;
(2)Divisions of property for residential, commercial or industrial condominium development
as provided for in JCC 18.35.470; and
(3)Planned rural residential developments (PRRDs)proposed under Article VI-M of chapter
18.15 JCC where full short or long subdivision of the land into separate, legally segregated
lots, tracts or parcels is not required. [Ord. 8-06 § 1]
18.35.470 Condominiums.
For the purpose of approval of condominium developments, the provisions of this chapter
regarding short subdivision and long subdivision shall not apply if:
(1) A land division is proposed as a condominium and does not result in the subdivision of
land into separately owned lots in accordance with the definition for short or long
subdivisions, but subjects a portion of a lot, tract or parcel to chapter 64.34 RCW (the
Condominium Act) subsequent to the recording of a binding site plan for all such land;
(2)The improvements constructed or to be constructed thereon are required by the provisions
of the binding site plan proposed for a condominium project;
(3)Jefferson County has approved a binding site plan for all such land; and
(4) The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance
with this binding site plan, as it may be amended with the approval of
Jefferson County, and in accordance with such other government permits,
approvals, regulations, requirements, and restrictions that may be imposed
upon such land and the development and use thereof. Upon completion, the
improvements on the land shall be included in one (1) or more
condominiums or owned by an association or other legal entity in which the
51
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
owners' associations have a membership or other legal or beneficial interest.
This binding site plan shall be binding upon all persons, businesses,
corporations, partnerships or other entities now or hereafter having any
interest in the land described herein.
[Ord. 8-06 § 1]
18.35.480 Application submittal and contents.
To be considered complete, applications for binding site plan approval shall include the
following information:
(1) Applications for binding site plans shall be made on forms provided by the Jefferson
County department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to chapter 18.40 JCC;
(3) Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials
required pursuant to subsections (1) and(2) of this section, a binding site plan application for
mixed use, commercial or industrial proposals shall contain the same elements and
information as a preliminary long plat, in accordance with JCC 18.35.280, 18.35.290 and
18.35.300;
(4) Binding Site Plan for Residential Condominiums. In addition the materials required
pursuant to subsections (1) and (2) of this section, a binding site plan for residential
condominiums shall conform to the requirements of chapter 64.34 RCW,the "Condominium
Act."The applicant shall submit a sworn declaration from a registered land surveyor licensed
in the state of Washington that all requirements of RCW 64.34.232, as now adopted and
hereafter amended, have been satisfied. The county shall not be responsible for verification
that the proposal complies with chapter 64.34 RCW, but may rely upon the representation of
the licensed surveyor. The applicant shall submit five copies of the binding site plan map for
review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared
by a registered surveyor licensed in the state of Washington. In addition to the requirements
of chapter 64.34 RCW, the binding site plan map must include the following information:
(a) The name of the condominium project;
(b)Legal description of the entire parcel;
(c)The date, scale, and north arrow;
(d)Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots,
the location of all open spaces, utilities, and other improvements with accurate bearings,
dimensions of angles and arcs, and of all curve data describing the location of all
improvements;
52
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(e) Names and right-of-way widths of all roads or streets within the parcel and
immediately adjacent to the parcel. Street names shall be consistent with the names of
existing adjacent streets;
(f)Number of each lot and each block or division;
(g)Location,dimensions and purpose of any easements,noting if the easements are public
or private;
(h) Location and description of monuments, boundary corners set, and all lot corners set
and found;
(i) Datum elevations and primary control points approved by the department of public
works. Descriptions and ties to all control points will be shown with dimensions, angles,
and bearings;
0)A dedicatory statement acknowledging public and private dedications and grants;
(k) The statement required by JCC 18.35.470(4) must be on the face of the final binding
site plan; and
(1) Other restrictions, conditions, and requirements as deemed necessary by the county,
including all applicable development standards contained in chapter 18.30 JCC and any
standards incorporated therein. [Ord. 8-06 § 1]
18.35.490 Binding site plan approval criteria.
(1) Binding site plans shall be approved upon showing that all of the following have been
satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and federal
zoning, 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 code, including any incorporated standards;
(b)Utilities and other public services necessary to serve the needs of the proposed binding
site plan shall be made available, including open spaces, drainage ways,roads, streets and
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools, sidewalks and other improvements to assure safe walking conditions for students
who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site
plan, together with any practical means of mitigating adverse impacts, have been
considered such that the proposal will not have an unacceptable adverse effect upon the
quality of the environment, in accordance with the State Environmental Policy Act
(SEPA)implementing provisions contained within chapter 18.40 JCC and chapter 43.21 C
RCW;
53
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(d) Approving the proposed binding site plan will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2)Notwithstanding the approval criteria set forth in subsection(1)of this section, a proposed
binding site plan may be denied because of flood, inundation or swamp conditions. Where
any portion of the proposed binding site plan lies within both a flood control zone,as specified
by chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the
county shall not approve the binding site plan unless:
(a)The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of chapter
18.15 JCC and any written recommendations of the Washington State Department of
Ecology. In such cases, the county shall issue no development permit associated with the
proposed binding site plan until flood control problems have been resolved. [Ord. 8-06 §
1]
18.35.500 Binding site plan review process.
(1) An application for a binding site plan approval shall be processed according to the
procedures for Type III land use decisions established in chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official, school district in which the proposal is located,adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction,Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
(3) Based upon comments from county departments and applicable agencies, and other
information, the administrator shall review the proposal subject to the criteria of JCC
18.35.490. A proposed binding site plan shall only be approved when consistent with all the
provisions of JCC 18.35.490.Binding site plan approval may be based upon certain delineated
conditions. The county shall make written finding and conclusions documenting compliance
with all approval criteria.A binding site plan shall be granted preliminary approval only,until
all improvements are installed or the county has received adequate guarantees or assurances
of future installation of improvements.
(4) Upon satisfying all conditions of approval, if any, and satisfying all requirements of
chapter 18.30 JCC and any incorporated standards for the installation of all improvements,
the administrator shall administratively approve the final binding site plan for filing with the
Jefferson County assessor. The final binding site plan shall conform to the requirements of
JCC 18.35.370 and 18.35.380, as applicable.
(5)For all condominium projects,prior to final approval,the applicant shall obtain the written
approval from the Jefferson County assessor of the condominium CC&Rs. [Ord. 8-06 § 1]
54
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.510 Binding site plan development standards.
Binding site plans shall conform to the development standards contained in Article VI of this
chapter. [Ord. 8-06 § I]
18.35.520 Modifications and vacations.
Binding site plans may be modified or vacated subject to the following:
(1) Binding site plans may be modified only if the modification is minor in nature and the
original intent of the recorded binding site plan is not changed and if the modification does
not adversely impact public health and safety, the environment, or the delivery of services to
the site. The proposed modification must be clearly shown and be accompanied by a letter of
explanation and application for a plat alteration. Upon administrative approval of such
modification, the modifications shall become part of the binding site plan. If the proposed
modification constitutes a substantial modification, the proposal shall be processed as a new
binding site plan application.
(2)Prior to issuance of any building permit or other site development permits, including, but
not limited to, clearing and grading permits, a binding site plan may be vacated as a whole
only. Vacating a binding site plan releases all conditions and obligations on the parcel
associated with such plan. A binding site plan may be vacated with the submission to DCD of
a letter of intent to vacate the binding site plan. The letter shall become binding upon its
acceptance by the administrator. If the binding site plan has been recorded with the Jefferson
County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson
County auditor.
(3)After issuance of any building or other site development permits,including,but not limited
to, clearing and grading permits, the process for vacation of all or part of a binding site plan
is identical to the process for initial binding site plan approval. [Ord. 8-06 § I]
18.35.530 Distribution of copies and filing.
(1)Upon approval, a binding site plan shall follow the procedures of JCC 18.35.420.
(2) After approval of the general binding site plan for commercial or industrial divisions, the
approval for improvements and finalization of specific individual commercial and industrial
lots shall be done by administrative approval. [Ord. 8-06 § 1]
18.35.540 Time limit.
The applicant or owner of the property subject to a binding site plan shall obtain all permits
for the development of a site within five years of its recording under JCC 18.35.530. If the
applicant fails to obtain all permits within five years, no site development permits shall be
issued until the applicant files a new application and obtains binding site plan approval in
accordance with this article. [Ord. 8-06 § 1]
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
The applicant or owner of a property subject to a binding site plan having preliminary approval
prior to the initial adoption date of this Unified Development Code (UDC) shall obtain final
approval of the binding site plan within two years of the initial adoption of this code. If the
applicant fails to obtain final binding site plan approval within two years,no site development
55
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
permits shall be issued until the applicant files a new application and obtains binding site plan
approval in accordance with this article. [Ord. 8-06 § I]
18.35.560 Effect of final binding site plan approval.
(1) All provisions, conditions, and requirements of the binding site plan shall be legally
enforceable on the purchaser of any other person acquiring a lease or other legal or property
interest of any lot, tract, or parcel created pursuant to the binding site plan.
(2) Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site
plan, that does not conform to the requirements of the binding site plan, or without binding
site plan approval, shall be considered a violation of this article. [Ord. 8-06 § 1]
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
All improvements shall be designed and constructed in conformance with the development
standards contained in this article, as well as chapter 18.30 JCC and any standards
incorporated therein. Prior to construction of any improvements, as approved upon the
preliminary plat or binding site plan, the subdivider shall furnish construction plans. These
plans must be prepared, signed, dated and stamped by a Washington State licensed civil
engineer and shall be in accordance with the standards contained in chapter 18.30 JCC. The
construction plans must be reviewed and approved by the county prior to construction. [Ord.
8-06 § 1]
18.35.580 Transportation and drainage standards.
(1) Transportation Standards —Generally. All divisions of land covered by this chapter shall
be served by appropriate transportation facilities, including roads and facilities for transit,
pedestrians, and bicycles. Transportation facilities shall be adequate both the serve the
division of land and to avoid adverse effects to the existing transportation system. If
transportation facilities are inadequate, the applicant shall be required to make provision for
all necessary improvements. Transportation facilities shall be deemed adequate if necessary
improvements are planned and designated funding is secured in the Six-Year Transportation
Improvement Program.
(2)Road and Drainage Design and Construction Standards.
(a)All roads serving two or more lots shall comply with the road design and construction
standards specified in JCC 18.30.080;
(b) A drainage analysis shall be performed in conformance with JCC 18.30.070, and
drainage systems shall be designed to the standards set forth in JCC 18.30.060(2) and
18.30.070. [Ord. 8-06 § 11
18.35.590 Responsibility for road improvements.
Where reasonably necessary to mitigate the direct impacts of the proposed division of land
and/or to meet safety requirements,off-site road improvements may be required as a condition
of approval under this chapter. When required, the applicant shall bear the sole responsibility
to make such off-site road improvements. [Ord. 8-06 § 1]
56
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.600 Health standards.
The following health standards apply to all divisions of land governed by this chapter:
(1) Water. All divisions of land shall comply with the requirements established by the
Jefferson County department of health for the provision of water;
(2)Wastewater Disposal.All divisions of land shall comply with the requirements established
by the Jefferson County department of health for wastewater disposal; and
(3) Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical
aquifer recharge areas. All divisions of land shall meet the regulations for critical aquifer
recharge areas contained in Article VI-E of chapter 18.15 JCC. [Ord. 8-06 § 1]
18.35.610 Fire and utility standards.
All divisions of land governed by this chapter shall meet the fire protection and improvement
standards adopted by Jefferson County. [Ord. 8-06 § 11
18.35.620 Plan review, inspection and fees.
The department of community development and department of public works are responsible
for reviewing all engineering drawings and for the supervision, inspection and acceptance of
all subdivision improvements, and shall charge the subdivider the applicable fees as set forth
in the Jefferson County fee ordinance. [Ord. 8-06 § 1]
18.35.630 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted, such guarantee shall be
released in accordance with the development standards contained in chapter 18.30 JCC. [Ord.
8-06 § 1]
18.35.640 Floods and flood control.
The county may disapprove a proposed subdivision because of flood, inundation or regulated
wetlands if the county finds that such condition poses a threat to the public health, safety or
general welfare. Where any portion of the proposed subdivision lies within both a flood
control zone, as specified by chapter 86.16 RCW, and either the 100-year floodplain or the
regulatory floodway,the county shall impose a condition on the preliminary plat requiring the
subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard
requirements. In such cases,no development permit associated with the proposed subdivision
shall be issued by the county until said FEMA requirements have been met. Where feasible,
the county may require that all lots and/or building envelopes be located outside the 100-year
floodplain. The county may also require dedication of land to any public body and/or the
construction of improvements and may impose other conditions necessary to protect against
flooding or inundation. [Ord. 8-06 § 1]
18.35.650 Additional requirements.
The standards or requirements established in this chapter and chapter 18.30 JCC are minimum
requirements. These standards may be increased and additional requirements may be imposed
for the purpose of mitigating identified probable significant adverse environmental impacts
pursuant to the State Environmental Policy Act (SEPA), chapter 43.21C RCW, as now
established or hereafter amended. Such additional requirements may include, but are not
limited to, off-site improvements to any public facility,the dedication and/or improvement of
57
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
parks and open spaces, and contributions to any county fund established to finance the
provision of public services required by subdivision. [Ord. 8-06 § 1]
18.35.660 Phased subdivision.
Preliminary plat approval must be granted for the entire subdivision and must delineate the
separate divisions that are to be developed in phased increments. Where the preliminary plat
approval is conditioned upon completion of the proposed phases in a particular sequence, the
preliminary plat approval shall specify a completion date for each phase. Final plat approval
may be granted for each separate phase of the preliminary plat.Any changes at the preliminary
plat stage will require approval in accordance with JCC 18.35.340. [Ord. 8-06 § 11
Article VII. Plat Alteration
18.35.670 Purpose.
(1) To allow modifications to approved short plats, binding site plans, and subdivisions
including:
(a)The creation of additional lots within an existing subdivision or short plat resulting in
four or fewer lots within five years of final approval;
(b) Revision of lot lines, notes, notice to purchasers, or easements established in a
recorded plat;
(c) Vacation, in whole or in part, of a subdivision, binding site plan, mobile home park,
RV park, short subdivision, or large lot subdivision.
(2) This section does not apply to alteration or replatting of any plat of state-granted tide or
shore lands. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.680 Application submittal and contents.
To be considered complete, applications for plat alterations shall include the following:
(1)Applications for plat alterations shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to chapter 18.40 JCC;
(3) Current title company certification/plat certificate.
(a) For a plat vacation, signatures of all parties having an ownership interest, including
deeds of trust, in that portion of the short plat, long plat, or binding site plan subject to the
proposed vacation; or
(b) For a plat alteration or replat, signatures of a majority of those parties having an
ownership interest, including deeds of trust, of the lots, tracts, parcels, sites or divisions
in the subject short plat, long plat or binding site plan, or portion to be altered; or
58
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(c) For a plat alteration affecting open space, easements, or public or private rights-of-
way signatures of all parties that make use of the portion being altered;
(4) A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions,
easements,planned rural residential development(PRRD)agreements,or other encumbrances
restricting the use of the property;
(5) Five paper copies of the plat map and any surveys of record, with proposed alteration(s)
or vacation(s) depicted in red ink. [Ord. 8-06 § 1]
18.35.690 Review process and criteria.
(1) An application for a plat amendment shall be processed according to the procedures for
Type II land use decisions established in chapter 18.40 JCC and the criteria listed in RCW
58.17.215;
(2)Notice shall be given to the affected parties, a public hearing may be requested by a person
receiving notice within 14 days of receipt of notice. When a public hearing is requested the
application shall be processed according to the procedures for Type III decisions established
in chapter 18.40 JCC and the criteria listed in RCW 58.17.215;
(3) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official, school district in which the proposal is located,adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary;
(4)Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in this section. A
proposed plat amendment shall only be approved when consistent with all the provisions of
JCC 18.35.690 and RCW 58.17.215. [Ord. 8-06 § 1]
Article VIII. Boundary Line Agreements
(Repealed)
Article IX Unit Lot Subdivisions
18.35.800 Purpose and Applicability.
1. Purpose.
The primary purpose of these provisions is to establish a process which allows greater
flexibility in the development of single-family detached and attached housing on lots which
do not strictly conform to the development standards of chapters 18.18 and this title. For
single-family attached and townhouse dwellings, the intent is to apply only those site
development standards applicable to the parent site as a whole, rather than individual lot
standards. For single-family detached dwellings, these standards are intended to provide an
59
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
alternative to the traditional method of land division for creating sellable lots for townhouse,
and cottage housing developments
2. Scope.
The provisions of this chapter apply exclusively to the unit lot subdivision of land for single-
family attached and detached housing in the Irondale and Port Hadlock Urban Growth Area
(PHUGA)where such uses are allowed.
3. Applicability.
41.Single -Family Attached and Townhouse Unit Lot Development. The provisions of
this chapter apply to the division of land for single-family attached dwelling
developments in zones that allow this use. To use this process, a development shall
have a minimum of two single-family attached units.
42.Single-Family Detached and Cottage Housing. This process may be used as an
alternative to a conventional subdivision or short subdivision and shall be permitted in
any residential zone allowing for the development of single-family detached dwellings.
To use this process, developments shall contain at least two single-family detached
dwellings.
4. Approval Process.
Unit lot subdivisions of four or fewer lots shall be processed in the same manner as short plats,
as a Type II permit pursuant to chapter 18.35 Article III. Unit lot subdivisions of five or more
lots shall be processed as long subdivisions, as a Type III permit pursuant to chapter 18.35
Article IV.
5. Site Development Plan Approval Required.
All developments using the unit lot subdivision process are required to submit a site
development plan for review and approval as part of the land division application. The site
plan must demonstrate compliance with the applicable regulations of chapters 18.18 and this
title.
18.35.810 Unit lot subdivision standards applicable to all developments.
All applications for unit lot subdivisions or short subdivisions shall be considered under the
following standards of chapters 18.18, this title, and where applicable:
• chapter 18.05 —Introductory Provisions;
• chapter 18.10—Definitions;
• chapter 18.15 —Land Use Districts;
• chapter 18.19—Transitional Rural Development Standards of the Irondale/Port Hadlock
Urban Growth Area;
60
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
• chapter 18.20—Performance and Use-Specific Standards;
• chapter 18.22 —Critical Areas;
• chapter 18.25 —Shoreline Master Program;
• chapter 18.30 —Development Standards;
• chapter 18.35 —Land Divisions
• chapter 18.40—Permit Application and Review Procedures/SEPA Implementation
• Comprehensive Plan and GMA Implementing Regulations Amendment Process.
18.35.820 Unit lot subdivision standards—single-family attached and townhouse.
A. Development on individual unit lots within the unit lot subdivision need not conform to
the minimum lot area or dimensional standards of chapter 18.18, provided that overall
development of the parent site meets the development and design standards of the
underlying zoning and the requirements of this section. There shall be no minimum
required lot area for individual lots for attached dwellings, provided the area of the unit
lot shall be large enough to contain the dwelling unit and any accessory structures,decks,
fences, garages, driveways, private yard areas, parking, landscaping or other
improvements that are accessory to the dwelling unit; provided further, so long as
conforming to the approved site development plan, such accessory improvements may
encroach upon or be located in an adjoining unit lot or common area pursuant to an
appropriate easement.
B. Overall development of the parent site shall meet the development and design standards
of the underlying land use district.
C. Access easements,joint use and maintenance agreements,and covenants,conditions and
restrictions (CC&Rs) identifying the rights and responsibilities of property owners
and/or the homeowners' association must be executed for use and maintenance of
common garage, parking and vehicle access areas, underground utilities, stormwater
treatment and/or detention facilities, common open space, exterior building facades and
roofs,and other similar features,and must be recorded with the Jefferson County auditor.
18.35.830 Ownership of common areas.
Portions of the parent site not subdivided for individual unit lots or not dedicated to the county
as public streets or public utility systems shall be owned in common by the owners of the
individual lots within the subdivision,by a homeowners' association comprised of the owners
of the individual unit lots within the subdivision or by a qualified organization managing the
development.
18.35.840 Building Setbacks.
Building setbacks shall be as required for the zone as applied to the underlying parent site as
a whole. There shall be no setback required from unit lot lines which are interior to the
61
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
perimeter of the parent site; provided, however, that any structure located upon a unit lot
created hereunder shall comply with the setbacks applicable to the approved site development
plan.
18.35.850 Building and occupancy permits — Issuance after final unit lot plat approval.
39.No building permit for a structure other than a temporary contractor's office or
temporary storage building shall be issued for a lot or parcel within an approved unit lot
subdivision until the applicant complies with all requirements of the final plat approval.
40.No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved unit lot subdivision prior to final inspection and approval of all required
improvements which will serve such lot or parcel,to the satisfaction of the public works
director and county building official.
18.35.860 Transfer of ownership following final unit lot plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or
transfer, any such lot, tract or parcel without having first had an approved final plat for such
subdivision or short plat filed for record. It is the responsibility of the applicant to ensure that
a final plat is fully certified and filed for record with the Jefferson County auditor prior to
transferring ownership of any land.
62
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
Chapter 18.10
DEFINITIONS
Sections:
18.10.001 Scope.
18.10.005 Interpretations.
18.10.010 A definitions.
18.10.020 B definitions.
18.10.030 C definitions.
18.10.040 D definitions.
18.10.050 E definitions.
18.10.060 F definitions.
18.10.070 G definitions.
18.10.080 H definitions.
18.10.090 I definitions.
18.10.100 J definitions.
18.10.110 K definitions.
18.10.120 L definitions.
18.10.130 M definitions.
18.10.140 N definitions.
18.10.150 O definitions.
18.10.160 P definitions.
18.10.170 Q definitions.
18.10.180 R definitions.
18.10.190 S definitions.
18.10.200 T definitions.
18.10.210 U definitions.
18.10.220 V definitions.
18.10.230 W definitions.
18.10.240 X definitions.
18.10.250 Y definitions.
18.10.260 Z definitions.
18.10.001 Scope.
This chapter contains definitions of technical and procedural terms used throughout this code.
[Ord. 8-06 § 1
18.10.005 Interpretations.
(1) For the purpose of this code, all words shall have their normal and customary meanings,
unless specifically defined otherwise in this chapter. In general, words used in the present
tense shall include the future; the singular shall include the plural; and the plural the singular.
The words "shall," "must," "will," "may not," and "no... may" are always mandatory. The
word "should" indicates that which is recommended but not required. The word "may"
indicates a use of discretion in making a decision. The word "used" includes "designed,
63
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
intended, or arranged"to be used. The masculine gender includes the feminine and vice versa.
References to"distance"means distance as measured horizontally unless otherwise specified.
(2) All definitions which reference the Revised Code of Washington (RCW), Washington
Administrative Code (WAC), and International Building Code (ICODE) are intended to
mirror the definitions in these codes at the effective date of the ordinance codified in the
Unified Development Code (this code) or as amended. If the definition in this code conflicts
with a definition under state law or regulation, the state definition shall control over this
definition.
(3) These definitions are not intended to establish regulations. [Ord. 8-06 § 1]
18.10.010 A definitions.
"Abandon"means to terminate the use of a structure by an affirmative act, such as changing
to a new use; or to cease,terminate, or vacate a use or structure through nonaction. Except for
ongoing agricultural activities, there shall be a presumption that a use has been abandoned if
it is not undertaken, utilized, implemented or performed for a period of two years.
"Abutting"means adjoining with a common boundary line or any portion thereof.
"Accessory dwelling unit"means an additional dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure on the same lot as the
main structure, for use as a complete, independent living facility with provisions within the
accessory dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be
considered an accessory use to the main dwelling and be clearly subordinate to the main
dwelling.
"Accessory use" means use of land or of a building or portion thereof incidental and
subordinate to the principal use or building and located on the same lot with the principal use.
"Accessory uses (to agriculture)" mean uses accessory to agriculture that support, promote,
or sustain agricultural operations and production, as provided in JCC 18.20.030.
"Accumulative short subdivision"means multiple short subdivision of contiguous land under
common ownership. "Ownership," for purposes of chapter 18.35 JCC, means ownership as
established at the date of the initial short subdivision approval. Ownership by persons related
by blood or marriage where an interfamily land conveyance has occurred within two years of
making application for short subdivision approval shall be construed to be common
ownership.
"Acre"means a unit of measure of land area which consists of 43,560 square feet.
"Adequate"means acceptable but not excessive.
"Adequate capacity(adequate capital or public facilities)"means capital facilities and services
that have the capacity available to serve development at the time of occupancy or use without
decreasing levels of service (LOS) below the standards set forth in the Comprehensive Plan.
"Adequate capacity" also includes a financial commitment that is in place to complete the
improvements, or noncapital strategies,necessary to provide a specific level of service within
64
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
six years. (See also"Available capital facilities (available capacity)," "Concurrency,""Level
of service (LOS).")
"Adjacent" means (in addition to abutting) that which is near or close; for example, an
industrial district across the road or highway from a commercial district shall be considered
as "adjacent."
"Adjacent lands, shoreline" means lands adjacent to the shorelines of the state (outside of
shoreline jurisdiction). See RCW 90.58.340.
"Administrator"means the Jefferson County department of community development director
or a designated representative.
"Adverse"means contrary to one's interest or welfare;harmful or unfavorable circumstances.
"Adverse impacts" means a condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development
or on off-site property or facilities or on wildlife or wildlife habitat.
"Affordable housing"means those housing units available for purchase or rent to individuals
or families with a gross income between the federally recognized poverty level and the median
income for working families in Jefferson County; and whose costs, including utilities, would
not exceed 30 percent of gross income.
"Aggrieved person"means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code, federal
or state law or regulation to consider in making a land use decision;
(c) The person is a party of record, as defined in JCC 18.10.160; and
(d) A decision on appeal in favor of the person would substantially eliminate or redress
the prejudice alleged to be caused by the land use decision.
"Agricultural activities" has the same meaning as in RCW 90.58.065(2)(a), as it may be
modified in the future, and currently reads "agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and changing
agricultural crops; allowing land used for agricultural activities to lie fallow in which it is
plowed and tilled but left unseeded; allowing land used for agricultural activities to lie
dormant as a result of adverse agricultural market conditions; allowing land used for
agricultural activities to lie dormant because the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement
facility is no closer to the shoreline than the original facility; and maintaining agricultural
lands under production or cultivation."
65
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Agricultural best management practices(BMWs)"means schedules of activities,prohibitions
of practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
"Agricultural checklist"means the checklist required by JCC 18.22.830(1).
"Agricultural land"has the same meaning as in WAC 365-190-030(1).
"Agricultural land of local importance" means land in addition to designated prime
agricultural land that is of local importance for the production of food, fiber, forage,or oilseed
crops. Generally, additional farmlands of local importance include those that are nearly prime
farmland and that economically produce high yields of crops when treated or managed
according to acceptable farming methods. Such farmlands may include areas of commercial
aquaculture.
"Agricultural product or commodity"is defined as follows,except for chapter 18.22 JCC. For
all other chapters, "agricultural product or commodity"means any plant or part of a plant, or
animal, or animal product, produced by a producer primarily for sale, consumption,
propagation,or other use by people or animals. For chapter 18.22 JCC"agricultural products"
are defined in RCW 90.58.065(2)(b).
"Agricultural resource lands (agricultural lands)" means lands that are primarily devoted to
the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable,
or animal products or of berries, grain,hay, straw,turf, seed, or Christmas trees not subject to
the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or
livestock, and that have long-term commercial significance for agricultural production(RCW
36.70A.030(2)).Agricultural resource lands are divided into two land use designations,prime
(AP-20) and local (AL-20), in the Comprehensive Plan.
"Agricultural warehouse (public warehouse)" means any elevator, mill, subterminal grain
warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is
used or usable for the storage of agricultural products, and in which commodities are received
from the public for storage, handling, conditioning, or shipment for compensation. The term
does not include any warehouse storing or handling fresh faits or vegetables, any warehouse
used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons
of an agricultural commodity for compensation.
"Agriculture" means the science, art, and business of producing crops, or raising livestock;
farming.
"Agriculture,existing and ongoing"is defined as follows,except for chapter 18.22 JCC which
is governed by the definition of"agricultural activities." For all other chapters, "agriculture,
existing and ongoing"means any agricultural activity conducted on an ongoing basis on lands
enrolled in the open space tax program for agriculture or designated as agricultural lands of
long-term commercial significance on the official map of Comprehensive Plan land use
designations; provided, agricultural activities were conducted on those lands at any time
during the five-year period preceding April 28, 2003. Agricultural use ceases when the area
on which it is conducted is converted to a nonagricultural use.
66
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Agriculture, new" is defined as follows, except for chapter 18.22 JCC which is governed by
the definition of "agricultural activities." For all other chapters, "agriculture, new" means
agricultural activities proposed or conducted after April 28, 2003, and that do not meet the
definition of"existing and ongoing agriculture."
"Agritourism"means agriculturally related accessory uses designed to bring the public to the
farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm
products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides,
farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc.
"Airport"means an area of land or facility publicly owned and open to general public use for
aircraft operations, except any airfield or airstrip as defined herein. An airport may include
related services and facilities.
"Airstrip"means a privately owned area of land, closed to the public, and restricted to use by
the owner primarily for noncommercial aircraft operations and,on an occasional basis,invited
guests of the owner or for emergency purposes.
"Allowable outright use"means land uses and activities which are exempt from the provisions
of this Unified Development Code.
"Allowed use ("Yes" use)" means uses allowed subject to the provisions of this code,
including meeting applicable performance and development standards; if a building, or other
development permit (e.g., stormwater permit) is required, the use is subject to the project
review and approval process.
"Alteration,nonconforming structures"means any change or rearrangement in the supporting
members of existing buildings, such as bearing walls, columns, beams, girders, or interior
partitions, as well as any changes in doors, windows, means of egress or ingress or any
enlargement to or diminution of a building or structure, horizontally or vertically, or the
moving of a building from one location to another. This definition excludes normal repair and
maintenance, such as painting or roof replacement, but includes more substantial changes.
"Alteration, nonconforming use" means the expansion, modification or intensification of a
use that does not conform to the land use regulations of the UDC.
"Animal feeding operation(AFO)"means agricultural enterprises where animals are kept and
raised in confined situations.AFOs congregate animals, feed,manure and urine, dead animals
and production operations on a small land area. Feed is brought to the animals rather than the
animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. The formal
definition in federal regulations is "a lot or facility (other than an aquatic animal production
facility)where the following conditions are met: (1)animals(other than aquatic animals)have
been, are or will be stabled or confined and fed or maintained for a total of 45 days or more
in any 12-month period, and (2) crops, vegetation, forage, growth, or post-harvest residues
are not sustained in the normal growing season over any portion of the lot or facility." (40
CFR 122.23(b)(1))
67
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Animal feeding operation, concentrated (CAFO)"means an AFO that is defined as a "large
CAFO" or as a "medium CAFO" according to federal regulations or that is designated as a
CAFO by the permitting authority. Two or more AFOs under common ownership are
considered to be a single AFO for the purposes of determining the number of animals at an
operation, if they adjoin each other or if they use a common area or system for the disposal of
wastes. (40 CFR 122.23(b)(2))
"Large CAFO"means an AFO that meets or exceeds one of the following thresholds: 700
mature dairy cows; 1,000 beef cattle or heifers; 2,500 swine (each 55 pounds or more);
10,000 swine (each under 55 pounds); 1,000 veal calves; 500 horses; 10,000 sheep or
lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure handling systems); 5,000
ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling
systems); 125,000 chickens, except laying hens (other than liquid manure handling
systems); 82,000 laying hens (other than liquid manure handling systems).
"Medium CAFO" means an AFO where either a manmade ditch or pipe carries manure
or wastewater from the operation to surface water or animals come into contact with
surface water running through the area where they are confined; and the operation meets
or exceeds the following thresholds: 200 mature dairy cows; 300 beef cattle or heifers;
750 swine (each 55 pounds or more); 3,000 swine (each under 55 pounds); 300 veal
calves; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks(other than liquid
manure handling systems); 1,500 ducks(liquid manure handling systems);9,000 chickens
(liquid manure handling systems); 37,500 chickens, except laying hens (other than liquid
manure handling systems); 25,000 laying hens (other than liquid manure handling
systems).
"Animal commercial kennel or cattery"means a kennel where five or more adult dogs or cats
are boarded, bred or trained for compensation. Commercial kennels exceed the number of
animals allowed by a hobby kennel, regardless if compensation is received for services.
Commercial kennels or catteries do not including a small animal hospital or clinic, pet shop
or shelter. (See also "Animal shelter" and"Animal hobby kennel.")
"Animal hobby kennel" means a noncommercial kennel at or adjoining a private residence
where five or more adult dogs, cats or combination thereof are kept for purposes other than
breeding as a primary interest, such as for hunting or organized field trials, obedience or
confirmation competition. Hobby kennels exceeding 10 dogs, cats or combination thereof
shall be subject to the provisions of a commercial kennel.
"Animal shelter" means a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals. Shelters are owned,operated or maintained by a public body,
established humane society, animal welfare society, society for the prevention or cruelty to
animals or other nonprofit organization devoted to the welfare, protection and humane
treatment of animals. Shelters also include facilities for the rehabilitation of wildlife.
"Appeal" means a request by an applicant or citizen that a decision made pursuant to this
UDC be reviewed for its correctness and legality by another person, agency or court of law
having jurisdiction to hear such an appeal.
68
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
Appeal, Open Record. (See"Open record hearing.")
"Applicant"means the owner or owners of record of the property subject to a project permit
application under this code, or authorized representative thereof.
"Application"means the forms, plans and accompanying documents required for any project
permit approval under this code.
"Approving authority" means either the administrator, as defined in this UDC, the Jefferson
County hearing examiner or the Jefferson County board of commissioners, depending on the
type of permit process or decision specified in the applicable portion of this UDC.
"Aquaculture"means the farming or culturing of aquatic organisms.
"Aquifer" means a body of permeable saturated rock material or soil capable of conducting
groundwater.
"Aquifer recharge areas"means lands through which precipitation and surface water infiltrate
the soil and are transmitted through rocks and soil to create groundwater storage.
"Archaeological" means having to do with the scientific study of material remains of past
human life and activities.
"Archaeological site"means an area of ancestral human use such as middens, burial grounds,
and earthworks.
"Area"means the size of a parcel of land, as expressed in square feet or acres to two decimal
places. When a public road right-of-way lies within a tract of land otherwise in contiguous
ownership, area within the right-of-way may be included in gross area for the purpose of
calculating maximum allowable density. When public road right-of-way abuts a tract of land,
area to the centerline may not be included in the gross area of the parcel for this purpose.
"Area, nominal" means the approximate area of a parcel of land, such as the aliquot part or
the land area in the assessor's records.
"Area of special flood hazard" means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year, as indicated on the flood
insurance rate maps (FIRMs).
"Assembly facility" means a facility designed and used for the gathering of people, or in
which they may come together in a body, such as a meeting hall, community club or center,
church, etc. (See also "Community structure" and"Religious assembly facility.")
"Assessor's parcel number"means a geocoding number assigned by the assessor's office for
property tax assessment purposes only.
"Automobile service station and repair"means any building,land area,or other premises used
for the retail dispensing or sales of vehicular fuels and the servicing or repair of automobiles.
"Automobile wrecking and salvage yards" means an outdoor area used for the wrecking,
storage, and recycling/salvage of vehicles for scrap metal and/or parts. (See"Junk yard.")
69
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Available capital facilities (available capacity)" means capital facilities or services that are
in place ("existing capacity"), or for which a financial commitment is in place to provide the
facilities or services within a specified time ("planned capacity"). "Available capacity"
consists of existing plus planned capacity. (See also "Adequate capacity (adequate capital or
public facilities),""Concurrency," and"Level of service (LOS).")
"Average vehicular trips"means the average number of all vehicles entering or leaving a site
during a defined period. [Ord. 5-20 § 3 (Appx. A); Ord. 12-19 § 4 (Apex. C); Ord. 14-18 § 4
(Exh. B); Ord. 8-06 § 1]
18.10.020 B definitions.
"Backstop" means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
"Baffles"means barriers constructed to contain bullets or to reduce,redirect or suppress sound
waves.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in
any given year; also known as the"100-year flood," as shown on the FIRM maps.
"Base flood elevation" means the elevation for which there is a one percent chance in any
given year that flood levels will equal or exceed it.
"Bed and breakfast inn" means a hospitality commercial use containing four to six lodging
units without cooking facilities, which provides overnight accommodation and meals in a
proprietor-occupied or owner-occupied existing single-family residence and additional legal
structures or up to 10 lodging units in an existing historic structure.
"Bed and breakfast residence" means a hospitality commercial use containing one to three
lodging units without cooking facilities,which provides overnight accommodation and meals
in an owner-occupied existing single-family residence.
"Berm" means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
"Best available science" means with regard to designating and protecting critical areas, best
available science refers to the utilization of the most current, widely accepted scientific data,
research, studies and/or reports in making land use and policy decisions. (See WAC 365-195-
900.)
"Best management practices (BMP)" means systems of practices, schedules of activities,
prohibitions, maintenance procedures, and management measures that prevent or minimize
adverse impacts to the environment.
Best Management Practices, Agricultural. (See "Agricultural best management practices
(BMPs).")
"Binding site plan"means a drawing to appropriate scale that:
70
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(a)Identifies and shows the areas and locations of all roads, improvements, utilities, open
space, and any other matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by Jefferson County; and
(c) Contains provisions requiring that any development be in conformity with the site
plan.
"Block"means a group of lots, tracts or parcels within well-defined and fixed boundaries.
"Board (BOCC)" means the board of county commissioners for Jefferson County. Also
referenced as board of commissioners or county commissioners.
"Boat building and repair, commercial" means a commercial establishment where boats are
constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon.
"Boundary line adjustment" means the relocation or other adjustment of the boundaries of a
lot, tract or parcel, in which the relocation neither results in the creation of any additional lot,
tract or parcel nor results in creation of any lot, tract or parcel which is more nonconforming
or insufficient in area or dimension.
"Buffer" means an area that is intended to protect the functions and values of critical areas.
Protecting these functions and values includes the preservation of existing native and
nonnative vegetation where it exists, unless otherwise required to be replaced with native
vegetation through mitigation or voluntarily enhanced or restored.
"Buffer zone, strip, or area" means an area designed to separate incompatible uses or
activities.
Buildable Lot. (See "Lot, buildable.")
"Building envelope"means:
(a)A three-dimensional space in which a building or structure may be built;
(b) A plat restriction for the purpose of defining building coverage areas for individual
lot, or for describing shoreline building setbacks;
(c) The buildable area of a lot, tract or parcel after applicable setbacks, easements and
other restrictions on the lot, tract or parcel are taken into account.
"Bulk plant or terminal facility" means that portion of a property where flammable or
combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle and are
stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline,
tank car, tank vehicle, portable tank or container(cf. International Fire Code).
"Bullet" means a single projectile fired from a firearm. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20
§ 1 (Appx. A); Ord. 14-18 § 4(Exh. B); Ord. 8-06 § 1]
71
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
18.10.030 C definitions.
"Calendar day"means any day of the week, including weekends and holidays. When used for
computing time,the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
"Campground and camping facilities" means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
"Capital facilities"means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
"Capital improvements" means improvements to land, structures, initial furnishings, and
selected equipment.
"Caretaker residence"means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
"CC&Rs"means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in
accordance with chapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the county.
"Certificate of occupancy or use"means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
"Certified feed lot" means any place, establishment, or facility commonly known as a
commercial feed lot, or the like,which complies with all of the requirements of chapter 16.58
RCW and associated rules and which holds a valid license from the state.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. "Channel
migration zone"means the historic channel migration zone(which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area(which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
"Channel migration zone"does not include disconnected migration areas,which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities built above or constructed to
remain intact through the 100-year flood elevation),that are no longer available for migration
by the river. "Channel migration zone" may exclude areas that lie behind a lawfully
72
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. "High channel migration hazard" (or high risk
CMZ)for the Big Quilcene,Little Quilcene,Dosewallips,Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
"moderate channel migration hazard" (or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
"low channel migration hazard"(or low risk CMZ)means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame.For the Lower Hoh River,
"moderately high hazard" (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
"moderate hazard" means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame,and"low hazard"means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
"Clearing" means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including,but not limited to,root material or topsoil material.
"Cluster development" means a development design technique that groups or "clusters"
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
"Co-housing (intentional communities)" means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M of chapter 18.15 JCC, Planned Rural
Residential Developments (PRRDs), where applicable.
"Commercial communication towers" means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
"Commercial kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
"Commercial recreational facility" means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
"Commercial shooting facility"means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
to the public, open only to private membership, or any combination of the above that for the
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
73
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term "commercial shooting facility" does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b)Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner's guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
"Commercial sign" means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
"Commercial use"means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
"Common area" means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
"Common open space"means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
"Community structure" means a structure which is intended for the common use of the
residents of a particular subdivision or community.
"Compatible" means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
"Comprehensive Plan" means the Jefferson County Comprehensive Plan and all of its goals,
objectives,policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to chapter
36.70A RCW.
Concentrated Animal Feeding Operation (CAFO). (See "Animal feeding operation,
concentrated(CAFO).")
"Concurrency"means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
74
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
development occur. (See also "Adequate capacity (adequate capital or public facilities),"
"Available capital facilities (available capacity),"and "Level of service (LOS).")
"Conditional use" means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
"Conditional use permit"means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
"Condominium"means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with chapters 64.32 and 64.34 RCW. Condominiums are not
confined to residential units, such as apartments, but also include offices and other types of
space in commercial buildings.
"Conservation district"means a"special purpose district,"like a fire district or school district,
organized in accordance with chapter 89.08 RCW for the purpose of providing assistance to
landowners for the conservation of renewable resources.
"Construction/contractor yards and offices" means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See"Applicant.")
"Convenience store" means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
"Cottage Housing"means residential units on a lot with a common open space that is owned
in common.
"Cottage industry" means a commercial or manufacturing activity conducted in whole or in
part in either the resident's single-family dwelling unit or in an accessory building, but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
scale commercial or industrial activity, including fabrication,with limited retail sales,that can
be conducted without substantial adverse impact on the residential character in the vicinity.
"County"means Jefferson County, Washington, its board, commissions, and departments.
"Critical aquifer recharge areas"has the same meaning as in WAC 365-190-030(3).
"Critical area buffer"means any buffer required by chapter 18.22 JCC.
75
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Critical areas"has the same meaning as in WAC 365-190-030(4).
"Critical habitat" means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
"Cul-de-sac"means a road closed at one end by an area of sufficient size for turning vehicles
around.
"Current use"means the use of land or improvements at the time of permit application.
"Custom meat facility"means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
"Custom slaughtering establishment" means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx.A); Ord. 3-20 § 1 (Appx.A); Ord. 12-19 §4(Appx. C); Ord. 14-18 §4 (Exh. B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
18.10.040 D definitions.
"Day care, commercial"means a person or agency that provides care for 13 or more children
during part of the 24-hour day (RCW 74.15.020).
(1)"Home day care provider"means a state-licensed day care provider who regularly provides
day care for not more than 12 children in the provider's home in the family living quarters
(RCW 74.15.020).
(2) "Child day care center" means a person or agency providing care during part of the 24-
hour day to 12 or fewer children in a facility other than the family abode of the person or
persons under whose direct care the children are placed(RCW 35.63.170).
"Days, calendar" means so many days computed according to the course of the calendar. In
computing comment and appeal periods under this code, if the last day so computed is a
Saturday, Sunday or legal holiday,the comment or appeal period shall run to the next business
day.
"DCD"means the Jefferson County department of community development.
"Dedicate" means to set aside a piece of real property, a structure, or a facility for public or
private use or ownership.
"Dedication"means a deliberate appropriation of land by its owners for any general and public
uses,reserving to the owner/dedicator no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
"Degrade" means to scale down in desirability or salability, to impair in respect to some
physical property or to reduce in structure or function, in terms of Jefferson County standards
and environment.
"Density"means the quantity per unit area, such as the number of dwelling units per acre.
76
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Design capacity"means the theoretical or calculated maximum ability of a system or device
to handle the duty for which it is to be used.
"Developable area" means the area of land which is not constrained from development by
land use restrictions.
"Development" means the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or any
extension of the use of land; dredging, drilling, dumping, filling, earth movement, clearing or
removal of vegetation, forest practice activities that are being conducted as a part of a
conversion from forestry to non-forestry use,storage of materials or equipment in a designated
floodway, or other site disturbance, which either requires a permit, approval, review, or
authorization from the county or is proposed by a public agency.
"Development application"means an application for a development permit.
"Development envelope" means the portion of a lot which may be used for development. A
development envelope must include space for utilities, driveways, and any other
improvements necessary to complete development.As applied to a buildable lot for residential
purposes, the development envelope is the portion of a lot that may contain a dwelling(s) and
accessory structures.
"Development permit"means any permit issued by Jefferson County allowing development.
"Development regulation or regulations" means the controls placed on development or land
use activities, including, but not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances, together with any amendments
thereto. A development regulation does not include a decision to approve a project permit or
project permit application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county (RCW
36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not
include ordinances or regulations that address administrative processes and procedures related
to land use planning, interim or emergency ordinances, moratorium ordinances, or remand
actions from state administrative boards or courts of law.
"Development right" means the right to develop property subject to federal, state, and local
restrictions and regulations.
"Director" means, unless otherwise specified, the director of the county's department of
community development(DCD) or the director's designee.
"Discretionary use"means all unnamed and certain named uses in Table 3-1 in JCC 18.15.040
which, subject to the administrative review and classification criteria set out in chapter 18.15
JCC, may be classified by the administrator as an allowed outright "Yes" use, a conditional
"C"use or a prohibited "No"use in the applicable district for which the use is proposed.
"District"means a part,zone,or geographic area within Jefferson County within which certain
development regulations apply.
77
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Disturbed area"means any place where activities clearly in preparation for,or during,surface
mining have physically disrupted, covered, compacted, moved, or otherwise altered the
characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity.
Disturbed areas may include but are not limited to: working faces, water bodies created by
mine-related excavation,pit floors,the land beneath processing plant and stock pile sites,spoil
pile sites, and equipment staging areas. Disturbed areas shall also include aboveground waste
rock sites and tailing facilities, and other surface manifestations of underground mines.
Disturbed areas do not include surface mine access roads in mineral resource land
designations unless these have characteristics of topography, drainage, slope stability, or
ownership that, in the opinion of the department of natural resources, make reclamation
necessary, lands that have been reclaimed to all standards outlined in this chapter, rules of the
department of natural resources, any applicable SEPA document, and the approved
reclamation plan, and subsurface aspects of underground mines, such as portals, tunnels,
shafts, pillars, and stopes.
"Division of land" means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership(see chapter 18.35 JCC).
DOT. (See "WADOT" or"WSDOT.")
"Drainage" means surface water runoff; the removal of surface water or groundwater from
land by drains, grading, or other means, which include runoff controls to minimize erosion
and sedimentation during and after construction or development.
"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar
depression into which surface water flows.
"Dredging"means the removal of earth from the bottom of a stream, river, lake,bay, or other
water body.
"Drinking establishment (lounge)" means a business primarily engaged in the retail sale of
alcoholic beverages for consumption on the premises.A restaurant operated as part of a lounge
is considered to be accessory to the lounge.
"Drive-thru window service" means businesses where patrons may carry on business on the
premises while in a motor vehicle (see also "Mobile food unit").
"Driveway"means a strip of land which provides vehicular access to one or two lots.
Duplex. (See"Dwelling unit,two-family.")
"Dwelling unit" means one or more rooms or structures designed for occupancy by an
individual or family for living and sleeping purposes, containing kitchen facilities and rooms
with internal accessibility, for use solely by the dwelling's occupants.
"Dwelling unit, multiple-family" means one or more structures containing three or more
dwelling units.
"Dwelling unit,two-family"(duplex)means a single structure containing two dwelling units.
[Ord. 9-22 § 2 (Appx. A); Ord. 4-19 § 1 (Exh. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § I]
78
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
18.10.050 E definitions.
"Eating establishment (restaurant)" means a business primarily engaged in the retail sale of
food for consumption on the premises.A lounge operated as part of a restaurant is considered
to be accessory to the restaurant.
"Emergency housing" means temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the
basic health,food,clothing,and personal hygiene needs of individuals or families.Emergency
housing may or may not require occupants to enter into a lease or an occupancy agreement.
"Emergency shelter" means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to enter
into a lease or an occupancy agreement. Emergency shelter facilities may include day and
warming centers that do not provide overnight accommodations.
"Ecology (WDOE)"means the state of Washington Department of Ecology.
"Endangered species" means a species which is in danger of extinction throughout all or a
significant portion of its range, as classified by the Washington Department of Fish and
Wildlife, WAC 232-12-014 and the Washington Department of Natural Resources,
Washington Natural Heritage Plan.
"Environmental checklist" means a form prescribed by the administrator and the state of
Washington to identify the potential environmental impacts of a given proposal.
"Environmental impact statement (EIS)" means a draft, final, or supplemental written
document that reviews the likely significant and nonsignificant adverse and positive impacts
of a proposal, ways to avoid, minimize or lessen the adverse impacts, and alternatives to the
proposal.
"Equestrian center" means uncovered and covered facilities for commercial boarding,
training,teaching,breeding and rental of horses including facilities for shows and competitive
events, and riding trails. This shall not include stables used solely for the private personal use
of the property owner or stables used solely for boarding or breeding of horses.
"Erosion"means the detachment and movement of soil or rock by water,wind, ice, or gravity.
"Erosion hazard areas" has the same meaning as in WAC 365-190-030(5).
"Essential public facilities" means those important and necessary facilities which provide
essential services that are typically difficult to site,such as airports,state educational facilities,
state or regional transportation facilities, state and local correctional facilities, solid waste
handling facilities, and in-patient facilities including substance-abuse facilities,mental health
facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public
facilities or services; they may be, but are not necessarily, publicly owned. Essential public
facilities in Jefferson County include airports, large-scale transportation facilities, solid waste
handling and disposal facilities,correctional facilities, in-patient treatment facilities including
substance-abuse facilities, and mental health facilities, state-owned educational facilities, and
wastewater treatment plants.
79
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Excavation"means the mechanical removal of earth.
Exemption(Exception). Reserved.
"Existing use"means the use of a lot or structure or improvements at the time of the enactment
of the Unified Development Code (this code), unless otherwise specified.
Expansion,Nonconforming Use. (See "Intensification, nonconforming use.")
"Extraction" means the commercial removal of naturally occurring materials from the earth,
excluding water. [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.060 F definitions.
"Facility and service provider" means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
"Family"means an individual or two or more persons related by blood or marriage or a group
of not more than five persons living together as a single housekeeping unit and doing their
cooking on the premises as distinguished from a group occupying a boarding house or
rooming house or motel.
"Farm assistance agencies"means federal,state,or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service,the Washington Department of Agriculture,
or the Jefferson County conservation district.
"Farm equipment" for all chapters in this title, except chapter 18.22 JCC, includes, but is not
limited to, tractors, trailers, combines, tillage implements, balers, and other equipment,
including attachments and accessories that are used in the planting, cultivating, irrigation,
harvesting, and marketing of agricultural, horticultural, or livestock products. "Farm
equipment" for purposes of chapter 18.22 JCC is governed by the definition of"agricultural
activities."
"Farm plan" means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner's goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
resources such as machinery or buildings and finances available. The terms "conservation
plan" and"farm plan" are interchangeable in this context.
"Farm worker housing"means a place,area, or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
"Farmed wetland"means wet meadow,grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
"Feasible alternative"means an alternative that:
80
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(a)Meets the requirements of federal, state, and local laws and regulations;
(b)Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of"upset conditions" (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
"Federal candidate species" means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
"Federal endangered species" means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
"Federal sensitive species" means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
"Federal threatened species" means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See "Recording.")
81
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Fill"means any sand, gravel, earth, or other materials of any composition whatsoever placed
or deposited by humans.
"Final plat"means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
chapter 18.35 JCC and all other applicable codes and ordinances.
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol,"
"rifle," "short-barreled rifle," "shotgun," "short-barreled shotgun," "machine gun," and
"antique firearm" as those terms are defined in RCW 9.41.010. The term "firearm" shall not
include: (a) devices, including but not limited to "nail guns," which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a"destructive device" as defined in 18 U.S.C. Section 921(a)(2).
"Firing line"means a line parallel to the targets from which firearms are discharged.
"Firing point"means a location from which one individual fires at an associated target located
down range.
"Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-
030(6).
"Flood Insurance Rate Map(FIRM)"means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
"Flood or flooding" means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
"Forest land"has the same meaning as in WAC 365-190-030(7).
"Forest management" means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
"Forest practice, conversion"means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
"Forest practice, conversion option harvest plan (COUP)"means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas,road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class II, III, or IV special forest
82
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
practice permit application,and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
"Forest resource lands" means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production(RCW 36.70A.030(8)).
"Frequently flooded areas"has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(APpx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 11
18.10.070 G definitions.
"Geologically hazardous areas"has the same meaning as in WAC 365-190-030(9).
"Geotechnical professional" means a person with experience and training in analyzing,
evaluating, and mitigating any of the following: landslide, erosion, seismic, or mine hazards,
or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional
shall be licensed in the state of Washington as an engineering geologist, hydrogeologist, or
professional engineer. In accordance with WAC 196-27-020 and 308-15-140, licensed
engineering geologists, hydrogeologists, and professional engineers shall affix their
signatures or seals only to plans or documents dealing with subject matter in which they are
qualified by training or experience.
"Grade, existing" means the elevation of the ground or site prior to any work being done or
any changes being made to the ground or site.
"Grade, finished"means the final elevation of the ground level after development.
"Grade plane" means a reference plane representing the average of the finished ground level
adjoining the building at all exterior walls. Where the finished ground level slopes away from
the exterior walls,the reference plane shall be established by the lowest points within the area
between the building and the lot line or, where the lot line is more than six feet from the
building between the structure and a point six feet from the building.
"Grading" means stripping, cutting, filling, or stock-piling land including the land in its cut
or filled condition to create new grade.
Grandfathered Uses and Structures. (See "Nonconforming," "Nonconforming lot,"
"Nonconforming structure," "Nonconforming use," "Alteration, nonconforming structures,"
and"Alteration, nonconforming use.")
"Grocery store"means a commercial establishment selling primarily packaged food products
typically in combination with household products and sundries.
"Gross area"means the total area included within the boundaries of any parcel including land
area up to any abutting public road right-of-way.
Groundwater. (See "Water, ground.")
"Group home" means a residential occupancy that exceeds the definition of"family" in a
single-family residence.
83
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Group housing" means a residential dwelling that exceeds the definition of a single-family
residence and which is not a multifamily dwelling.
"Growth Management Act(GMA)"means the State of Washington Growth Management Act,
chapter 36.70A RCW, as amended. [Ord. 5-20 § 3 (Appx. A); Ord. 8-06 § 11
18.10.080 H definitions.
"Habitat" means the place or type of site where a plant or animal naturally or normally lives
and grows.
"Hangars"means covered areas and enclosed structures for housing and repairing aircraft.
"Hazardous substance" means hazardous substance as defined in RCW 70.105D.020(13), as
it exists now or may be amended in the future.
"Hazardous waste"means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
"Hearing examiner"has the same meaning as "examiner" in JCC 2.30.030(8).
"Hearing Examiner Rules of Procedure" means the Hearing Examiner Rules of Procedure
adopted pursuant to JCC 2.30.070.
"Heavy equipment sales or rental services"means the use of any internal or external space for
the sale, rental and display of construction or other heavy equipment, machinery or vehicles
or parts thereof.
"Height, building" means the vertical distance from grade plane to the average height of the
highest roof surface (cf. International Building Code).
"Height,story"means the vertical distance from the top to top of two successive tiers of beams
or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top
of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters (cf.
International Building Code).
"Historic site, structure or landmark" means a site, structure, building, district, or object of
archaeological, architectural, historical or cultural significance. This is shown by its listing,
or its determination of eligibility for listing, in the National Register of Historic Places, the
Washington Heritage Register, or determined to be contributing to the character and/or
historical significance of a district for which the State Historic Preservation Officer has made
a determination of eligibility pursuant to Section 106 of the National Historic Preservation
Act. This definition also applies to a site, structure, building, district, or object of
archaeological, architectural, historical or cultural significance shown by its designation, or
determination of eligibility for designation, by a local jurisdiction, or its inclusion in the
Washington State Inventory of Cultural Resources as administered by the Department of
Archaeology and Historic Preservation.
"Hobby kennel" means a kennel, as now defined in JCC 6.07.020, as it exists now or may be
amended in the future, which is not a commercial kennel at or adjacent to a private residence.
84
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
Home Business. Home-based businesses are secondary and incidental to the primary
residential use of the structure, provide supplemental income for a family, consist of limited-
scale service or fabrication, and limited retail sales.
"Homeowners association" means an incorporated nonprofit organization operating under
recorded land agreements, including, but not limited to, CC&Rs,through which:
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the
organization's activities, such as maintaining commonly owner property; and
(c)A charge, if unpaid, becomes a lien against the real property.
"Hotel" (or "lodge") means a commercial building in which lodging is provided and offered
to the public for compensation, and which is open to transient guests, and is not a motel or
bed and breakfast inn as otherwise defined in this code.
"Household"means one or more related or unrelated persons occupying a dwelling unit.
"Hydrogeologist"means a person who is qualified to engage in the practice of hydrogeology,
has met the qualifications in hydrogeology established under chapter 18.220 RCW, and has
been issued a license in hydrogeology by the Washington State Geologist Licensing Board.
In accordance with WAC 196-27-020 and 308-15-140, licensed hydrogeologists shall affix
their signatures or seals only to plans or documents dealing with subject matter in which they
are qualified by training or experience. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Apex. A);
Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 13-12 § 1; Ord. 8-06 § 1]
18.10.090 I definitions.
"Illegal use"means any use of land or a structure which is inconsistent with current codes or
was inconsistent with previous codes in effect when the use or structure was established. An
illegal use is different than a"nonconforming use." (See also "Nonconforming.")
"Impact area" means the area in a backstop or bullet trap directly behind the target where
bullets are expected to impact or the area downrange where bullets will impact if not captured
by a backstop or bullet trap.
"Impervious surface" means a hard surface area that either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development. A hard surface
area which causes water to run off the surface in greater quantities or at an increased rate of
flow from the flow present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways,
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen
materials,and oiled,macadam or other surfaces which similarly impede the natural infiltration
of stormwater. Open, uncovered retention/detention facilities shall not be considered as
impervious surfaces for purposes of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be
considered impervious surfaces for purposes of runoff modeling.
85
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Improvements"means the facilities and infrastructure of a land development, including, but
not limited to, the roads, sidewalks, street lights, stormwater facilities, sewage disposal
facilities, domestic water facilities, and other utilities and facilities required by chapter 18.35
JCC to be constructed in conjunction with any particular land division, as approved by the
necessary county departments.
"Incidental" means subordinate to, minor in significance, and bearing a reasonable
relationship with the primary use.
"Incompatible"means uses and activities that are not compatible. (See"Compatible.")
"Indoor entertainment or recreational facilities" means places designed and equipped for the
conduct of sports and leisure-time activities, including, but not limited to, physical fitness
clubs, bowling alleys, theaters,playhouses, and billiard rooms.
"Indoor shooting facility" means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and
accessories.
"Industrial use, heavy or resource-based" means a use engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw materials or
natural resources; a use engaged in storage of or manufacturing processes using flammable,
hazardous or explosive materials; or manufacturing processes that potentially involve
hazardous or commonly recognized adverse conditions.
"Infrastructure"means existing installed facilities and services including capital facilities such
as water supply, sewage disposal, and storm drainage systems, and transportation facilities
such as public roads.
"Inoperable (or unlicensed) vehicle"means any motor vehicle (excluding farm machinery or
implements), trailer, or semitrailer which is inoperable and which, by virtue of its condition,
cannot be economically restored to operable condition; provided, that such vehicle,trailer, or
semitrailer shall be presumed to be an inoperable or unlicensed vehicle if no license plates are
displayed or if the license plates displayed have been invalid for more than three years.
"Institutional facilities or development" means structures and related activity areas used by
organizations providing educational, social, or noncommercial recreational services to the
community, including performance halls, government service offices, facilities for assembly,
colleges, primary and secondary schools, museums, and libraries.
"In-stream resources"means features,properties, or other beneficial assets which exist within
a stream corridor, such as fish and wildlife habitat, recreation, and scenic beauty.
"Intensification of nonconforming use" means any increase or expansion in the quality or
quantity of products, goods, services, structures or adverse impacts upon parcels within the
vicinity of the nonconforming use produced, generated, served, created or performed at the
site of the legal nonconforming use by the owner or occupant of that legal nonconforming
use.
86
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Intensive" means highly concentrated, very large, or considerable, in terms of Jefferson
County standards and environment.
"International Building Code" means the building code officially adopted by Jefferson
County.
"Inter vivos" means a transfer or conveyance of property during the life of the owner, as
distinguished from testamentary transfers where the property passes at death. [Ord. 3-20 § 1
(Appx. A); Ord. 8-06 § 1]
18.10.100 J definitions.
"Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of
the following requirements: (a) three years or older; (b) extensively damaged, such damage
including, but not limited to, the following: a broken window or windshield, missing seats,
wheels, tires, motor, or transmission; (c) apparently inoperable; and/or (d) has approximate
fair market value equal only to the approximate value of the scrap in it.
"Junk yard" means a primary or accessory use of structures or land for storage, recycling,
dismantling or selling of cast-off, unused, scrap, or salvage material of any sort. [Ord. 8-06 §
1]
18.10.110 K definitions.
"Kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be amended in
the future.
"Kitchen"means a room used for cooking or preparing food. [Ord. 14-18 § 4 (Exh. B); Ord.
8-06 § 1]
18.10.120 L definitions.
"Land disturbing activity" means any activity that results in movement of earth, or a change
in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography.Land disturbing activities include,but are not limited to,clearing,grading,filling,
and excavation. Compaction that is associated with stabilization of structures and road
construction shall also be considered a land disturbing activity. Vegetation maintenance
practices are not considered land-disturbing activity.
Land Division. (See "Division of land.")
"Land use decision"means a final determination by the county's hearing body or officer with
the highest level of authority to make the determination,including those with authority to hear
appeals, on:
(a) An application for a project permit or other governmental approval required by law
before real property may be improved,developed,modified,sold,transferred,or used,but
excluding applications for permits or approvals to use, vacate, or transfer streets, parks,
and similar types of public property; excluding applications for legislative approvals such
as area-wide rezones and annexations; and excluding applications for business licenses;
87
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(b) An interpretative or declaratory decision regarding the application to a specific
property of zoning or other ordinances or rules regulating the improvement,development,
modification, maintenance, or use of real property; and
(c) The enforcement by the county of regulations governing the improvement,
development, modification, maintenance,or use of real property.
"Landslide hazard areas"has the same meaning as in WAC 365-190-030(10).
"Landward"means to or toward the land.
"Legal lot of record" means any lot that is determined to be a legal lot of record pursuant to
chapter 18.12 JCC and satisfies the "legal lot of record" requirement in WAC 246-272A-
0320.
"Level of service (LOS)" means the number of units of capacity per unit of demand (e.g.,
trips,population,school-age residents)or other appropriate measure of need sufficient to meet
the standards for adequate service set forth in the Comprehensive Plan. (See also "Adequate
capacity (adequate capital or public facilities)," "Available capital facilities (available
capacity)," and"Concurrency.")
"Light industrial"means a use involving: (a)basic processing and manufacturing of materials
or products predominantly from previously prepared materials; or (b) finished products or
parts, including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of such products, but excluding basic processing of raw materials
except food products.
"Livestock"means horses,mules, donkeys, cattle, bison, sheep, goats, swine,rabbits, llamas,
alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute.
Livestock does not mean free-ranging wildlife as defined in RCW Title 77.
"Livestock management" includes breeding, birthing, feeding, care, processing and sales of
animals and animal products, birds, honey bees, fish and shellfish.
"Logging"means activities related to and conducted for purposes of harvesting or processing
timber.
"Long-term commercial significance"has the same meaning as in WAC 365-190-030(11).
"Lot" means a contiguous quantity of land in possession of, owned by or recorded as the
property of a person or entity.A lot also shall include any individually numbered or separately
designated parcels of property in an approved subdivision or development.
"Lot, buildable means: (a)a lot that is a legal lot of record, consistent with chapter 18.12 JCC
and applicable law, and (b) has site development review approval pursuant to JCC 18.40.420
et seq.A guaranteed right to development of a lot can only be established once a development
permit application or building permit application vests pursuant to JCC 18.40.320.
"Lot, corner"means a lot situated at the intersection of two roads, by which the interior angle
does not exceed 135 degrees.
88
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Lot coverage" means the surface area of a lot or lots within a single development which is
occupied by buildings, excluding roof overhangs and covered porches not used for sales,
storage, or service.
"Lot, frontage"means the boundary of a lot that is along an existing or dedicated public road,
or where no public road exists, along a private road, easement or access way. On an interior
lot, it is the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line
most parallel to the nearest road from which access is obtained.
"Lot of record" means a lot or parcel of land that was created by a metes and bounds
description or through platting or other means, and met all applicable zoning and subdivision
requirements in effect at the time of lot creation.A lot of record is not necessarily developable
or buildable, but may be conveyed pursuant to chapter 58.17 RCW.
"Lot, pipestem" means a lot not meeting minimum frontage requirements and where access
to the public road is by a narrow private right-of-way or driveway. The term is synonymous
with"flag lot."
"Lot, substandard"means a lot or parcel of land that has less than the required minimum area
or width as established by the land use district in which it is located or as defined in any other
section of the code.
"Lot, through" means a lot that has both ends fronting on a road or street; both ends shall be
deemed front.
"Lumber mill, portable" means portable equipment to mill, split, or otherwise process forest
products.
"Lumber mill, stationary"means a permanently located facility or equipment used to process
forest products. [Ord. 9-22 § 2 (Appx. A); Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1]
18.10.130 M definitions.
"Maintenance agreement"means a written agreement between parties to physically maintain
a facility for common use in a manner which conforms to standards of adequacy specified in
such an agreement.
"Major industrial development" means a master planned location for a specific
manufacturing, industrial, or commercial business that (a) requires a parcel of land so large
that no suitable parcels are available within an urban growth area; or(b) is a natural resource-
based industry requiring a location near agricultural land, forest land, or mineral resource land
upon which it is dependent. A major industrial development shall not be for the purpose of
retail commercial development or multi-tenant office parks. (cf. RCW 36.70A.365(1).)
"Managing agency" means an individual or organization applying to permit a temporary
housing facility under JCC 18.20.385(2)(a). Managing agencies are limited to religious
organizations and nonprofit agencies. A "managing agency" may be the same entity as the
sponsor.
89
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Manufactured home" means a single-family dwelling built according to the Department of
Housing and Urban Development Manufactured Home Construction and Safety Standards
Act, which is a national, preemptive building code. A manufactured home also: (a) includes
plumbing, heating, air conditioning, and electrical systems; and (b) is built on a permanent
chassis; and(c)can be transported in one or more sections with each section at least eight feet
wide and 40 feet long when transported; or when installed on the site is 320 square feet or
greater. (See also "Mobile home.")
Manufactured Housing. (See"Manufactured home" and"Mobile home.")
"Manufacturing"means the mechanical or chemical transformation of materials or substances
into new products, including the assembling of component parts,the creation of products, and
the blending of materials, such as lubricating oils, plastics, resins, or liquors.
"Market value"means the most probable price which a property should bring in a competitive
and open market under all conditions requisite to a fair sale, the buyer and seller, each acting
prudently, knowledgeably and assuming the price is not affected by undue stimulus.
"Master planned resort"means a self-contained and fully integrated planned unit development
in a setting of significant natural amenities, with primary focus on destination resort facilities
consisting of short-term visitor accommodations associated with a range of on-site indoor or
outdoor recreational facilities. A master planned resort may include other residential uses
within its boundaries, but only if the residential uses are integrated into and support the on-
site recreational nature of the resort. (cf. RCW 36.70A.360.)
"Material change"means a measurable change that has significance for existing or proposed
development or for the existing environment.
"Meander line" means a line along a body of water intended to be used solely as a reference
for surveying.
"Mine hazard areas"has the same meaning as in WAC 365-190-030(12).
"Mineral extraction" means the removal of naturally occurring materials from the earth for
economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay,
coal, and various types of stone. This shall not include the following:
(a) Excavation and grading at building construction sites where such construction is
authorized by a valid building permit; or
(b) Excavation and grading in public rights-of-way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the county;
or
(c) Excavation and grading for the purpose of developing ponds or manure lagoons for
agricultural purposes; or
(d)Excavation and grading in connection with and at the site of any creek,river, or flood-
control or storm drainage channel for the purpose of enlarging hydraulic capacity or
90
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
changing the location or constructing a new channel or storm drain where such work has
been approved by the county; or
(e) Excavation and grading where the excavated material will be used on the same
property or on property contiguous to and under the same ownership as the excavation.
"Mineral processing" means activities accessory to mineral extraction that include material
washing, sorting, crushing or more intensive modification or alteration through mechanical or
chemical means to a mineral resource after it has been removed from the earth. This does not
include asphalt or concrete batch plants.
"Mineral resource lands"has the same meaning as in WAC 365-190-030(13).
"Minerals"has the same meaning as in WAC 365-190-030(14).
"Mini storage" means a structure or structures containing separate, individual, and private
storage spaces leased or rented individually for varying periods of time.
"Minimal demands on existing infrastructure"means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection,water,wastewater
disposal or stormwater control,that is not provided by the applicant.
"Minimal impacts"means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
"Mitigation" means measures prescribed and implemented to avoid, minimize, lessen, or
compensate for adverse impacts.
"Mobile food unit" means a readily movable food and/or beverage establishment. (See also
JCC 18.20.182, Food and beverage stands.)
"Mobile home" means a factory-built dwelling built prior to June 15, 1976, to the standards
other than the HUD Code, and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into the state. Mobile homes have not been built
since the introduction of the HUD Manufactured Home Construction and Safety Standards
Act. (See also "Manufactured home" and"Manufactured housing.")
"Mobile home park" means a development with two or more improved pads or spaces with
required improvements and utilities designed to accommodate mobile homes, according to
RCW 59.20.030 (4).
"Motel" means a commercial building or group of buildings in which lodging is provided to
transient guests, offered to the public for compensation, and in which access to and from each
room or unit is through an exterior door.
"Motor home" means a motor vehicle originally designed, reconstructed, or permanently
altered to provide facilities for human habitation,which include lodging,cooking,and sewage
disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or
similar unit constructed separately and affixed to a motor vehicle (RCW 46.04.305).
91
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
Multifamily Dwelling. (See "Dwelling unit, multiple-family.") [Ord. 5-22 § 3 (Appx. A(1));
Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.140 N definitions.
"National Pollutant Discharge Elimination System (NPDES)"means a joint federal and state
permitting system for the control, monitoring, and reduction of point-sources of pollution,
established under the Federal Water Pollution Control Act(Clean Water Act)(Public Law 92-
500).
"National Register of Historic Places" means the official federal list, established by the
National Historic Preservation Act, of sites, districts, buildings, structures and objects
significant in the nation's history and prehistory, or whose artistic or architectural value is
unique.
"Native vegetation"means plant species that are indigenous to Jefferson County.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or filling.
"Natural resource lands"has the same meaning as in WAC 365-190-030(15).
"Natural Resources Conservation Service" is a U.S. Department of Agriculture division that
provides technical assistance to decision-makers to protect, maintain and improve soil,water,
air, plant, and animal resources and related human considerations.
"Noise" means any sound not occurring in the natural environment which causes or tends to
cause an adverse psychological or physiological effect on humans. This includes sounds
arising from the amplification of noises generated by expected or permitted uses of a lot or
structure.
"Nonconforming"means a use, structure, site,or lot which conformed to the applicable codes
in effect on the date of its creation but which no longer complies because of changes in code
requirements. Nonconformity is different than and not to be confused with illegality (see
"Illegal use"). Legal nonconforming lots, structures, and uses are commonly referred to as
"grandfathered."
"Nonconforming lot" means a lot of record in existence prior to the effective date of the
ordinance codified in this Unified Development Code and any amendments thereto, which
does not meet the minimum lot size and other requirements as set forth in this code.
"Nonconforming structure" means a structure which does not conform to the dimensional
regulations, including but not limited to setback, height, lot coverage, density, and building
configuration regulations of the land use district in which it is located due to changes in code
requirements. (See also "Alteration, nonconforming structures.")
"Nonconforming use" means a use of a structure or of land which does not conform to the
regulations of the land use district in which the use exists due to changes in code requirements.
(See also "Alteration, nonconforming use.")
92
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Nonconsumptive use"means a use which does not permanently deplete, degrade, or destroy
the resource involved.
"Nonpoint source" means the release of waste or other flows which occurs over a broad or
undefined area. Releases which can be described as confined to a small area, such as
discharges from a pipe or conduit, are referred to as "point-source discharges." (See also
"Point-source discharge.")
"NRA Range Source Book" means the 2012 version of the NRA Range Source Book
published by the National Rifle Association.
"Nursery" means lands or greenhouses used to raise flowers, shrubs, and plants for
commercial purposes.
"Nursing/convalescent/assisted living facility" means a facility or residence that provides
health or long-term care services to residents, including nursing or other supportive or
restorative health services on a 24-hour basis (RCW 43.190.020). [Ord. 5-20 § 3 (Appx. A);
Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.150 O definitions.
"Off-street parking" means an area of land located outside of any public right-of-way or
private roadway and used for vehicular parking.
"Office"means a commercial use which provides business,professional, or personal services
to customers.
"Official maps" means the maps identified in the Jefferson County Comprehensive Plan as
the "official maps." These maps show the applicable land use designation(s), overlays, and
maximum allowable density for all property in the county.
"On-site waste disposal" means any one of several means for disposal of sanitary waste on
the property from which it is generated(e.g., septic tank and drainfield).
"Open record hearing" means a hearing, conducted by a single hearing body or officer that
creates the record through testimony and submission of evidence and information, under
procedures prescribed by ordinance or resolution. An open record hearing may be held prior
to the decision on a project permit to be known as an "open record predecision hearing."An
open record hearing may be held on an appeal, to be known as an "open record appeal
hearing," if no open record predecision hearing has been held on the project permit.
"Open space"means lands committed to farming and forestry uses and any parcel, lot, or area
of land or water essentially unimproved and set aside, dedicated, designated, or reserved for
public or private use or enjoyment.
"Open space tax program" means a county program associated with property taxation. Land
being used for agriculture may be enrolled in the tax program through the county assessor.
The tax program is independent of land use designation (i.e., zoning) and these development
regulations,except in the context of identifying"existing and ongoing agriculture,"as defined
and regulated in this code.
93
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Operating entity" for purposes of the temporary housing facility regulations in JCC
18.20.385 means the sponsor, managing agency, and individuals or organizations determined
by the administrator to be qualified under JCC 18.20.385(2)(a)to operate a temporary housing
facility.
"Operator" means any person who is in actual physical or electronic control of a powered
watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle.
"Outdoor commercial amusement facility"means permanent developments containing single
or multiple outdoor amusements such as batting cages, go-cart tracks, bumper cars,
amusement rides, or games of chance. This shall not include casinos or theme parks.
"Outdoor shooting facility" means a commercial shooting facility that is not an indoor
shooting facility.
Outdoor Storage Yards. (See"Storage yard, outdoor.")
"Overlay district" means a district that provides policies and regulations in addition to those
of other sections in this code for certain land areas and for uses which warrant specific
recognition and management. Except as otherwise provided, the provisions of an overlay
district shall prevail over any conflicting provisions of this code for the duration of the overlay
district, subject to RCW Title 36.
"Owner"means an individual, firm, business entity,trust, association, syndicate,partnership,
or corporation having sufficient property interest to seek development of land.
"Owner-occupied" means the residential occupancy of a building or property by the owner.
[Ord. 5-22 § 3 (Appx. A(2)); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.160 P definitions.
"Panhandle" means an irregular extension or protrusion of a lot created for the purpose of
providing such lot with frontage on a public or private road, street or access way.
Parcel. (See"Lot.")
"Parent parcel" means each existing lot that is located within the perimeter of a proposed
boundary line adjustment application.
"Park"means a tract of land designated and used by the public for recreation.
"Parking lot"means an off-street,ground level open area,usually improved,for the temporary
storage of motor vehicles.
"Parties of record" means persons or entities who wish to receive a copy of the hearing
examiner's decision and notice of upcoming hearings. "Parties of record" includes the
applicant, appellant, petitioner, respondent, their agents and representatives, the county, and
persons or entities who: indicate on a sign-up sheet, at a public hearing, that they wish to
become a party of record; or for public hearings specifically advised the examiner's office by
individual written letter or electronic mail of their desire to become a party of record.Persons
94
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
who only signed petitions or mechanically produced form letters may be excluded as parties
of record.
"Performance standard"means a set of criteria or limits relating to certain characteristics that
a particular use or process may not exceed.
"Permanent supportive housing"is subsidized, leased housing with no limit on length of stay
that prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal
history, and personal behaviors. Permanent supportive housing is paired with on-site or off-
site voluntary services designed to support a person living with a complex and disabling
behavioral health or physical health condition who was experiencing homelessness or was at
imminent risk of homelessness prior to moving into housing to retain their housing and be a
successful tenant in a housing arrangement, improve the resident's health status, and connect
the resident of the housing with community-based health care, treatment, or employment
services. Permanent supportive housing is subject to all of the rights and responsibilities
defined in chapter 59.18 RCW.
"Permit center"means the Jefferson County department of community development.
"Permit exemption statement" means a written statement of administrative finding and
conclusions that a land use or development is consistent with applicable regulations and is not
subject to permit requirements of this code.
"Permit review" means the process of reviewing applications for project permits for
consistency with the requirements of this code.
"Permittee"means the entity to whom a permit is granted.
"Person" means any individual, owner, contractor, tenant, partnership, corporation, business
entity, association, organization, cooperative, public or municipal corporation, agency of a
state or local governmental unit however designated, public or private institution, or an
employee or agent of any of the forgoing entities.
"Personal and professional services" means, for the purposes of this code, establishments
primarily engaged in providing assistance, as opposed to products, to individuals, business,
industry, government, and other enterprises, not listed specifically in this code as a distinct
use for regulatory purposes, such as laundry and dry cleaning services; barber shops and
beauty salons; locksmiths, banks, legal, engineering, architectural, design, financial and
accounting services, and the like.
"Pervious surface"means a surface that absorbs water.
"Physical containment" with respect to a commercial shooting facility means the use of
physical barriers that are sufficient to contain the projectile from the highest power firearm
used on a shooting range when the shooting range is used in accordance with its operating
permit. Physical containment may include but is not limited to baffles, sidewalls, backstops
95
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
and berms of adequate design, quantity, and location to ensure that projectiles cannot escape
the commercial shooting facility.
"Planned rural residential development (PRRD)" means development characterized by a
unified site design, clustered residential units, and areas of common open space pursuant to
Article VI-M of chapter 18.15 JCC.
"Planning department"means the Jefferson County department of community development.
"Plat" means a map or representation of a subdivision or short subdivision of land showing
the division of a parcel of land into lots, roads, dedications, common areas, restrictions and
easements, as regulated by chapter 58.17 RCW and this code.
Plat Alteration. (See "Subdivision, alteration of.")
Plat, Long. (See"Subdivision, long.")
Plat, Short. (See "Subdivision, short.")
Plat Vacation. (See"Subdivision, vacation of.")
"Playing field" means a land area designed and used for outdoor games, such as baseball,
football, soccer, track events and tennis. It includes public outdoor swimming pools.
"Point-source discharge"means the release of waste or other flows which can be described as
confined to a small area, such as discharges from a pipe or conduit. Releases occurring over
a broad or undefined area are referred to as"nonpoint sources."(See also"Nonpoint source.")
"Predecision hearing, open record"means a hearing, conducted by the hearing examiner,that
creates the county's record through testimony and submittal of evidence and information,
under procedures prescribed by the county by ordinance or resolution. An "open record
predecision hearing" may be held prior to the county's decision on a project permit (RCW
36.70B.020).
"Preliminary approval" means the fmal action of the county granting approval to a short or
long subdivision, subject to applicable conditions that must be fully satisfied prior to fmal plat
approval.
"Preliminary plat"means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision
consistent with the provisions of this code.
"Primary use"means the principal use of a property.
"Prime farmland soil" means land that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber and oilseed crops and is available for
these uses. (See Part 603.05, National Soils Handbook, Department of Agriculture, Soil
Conservation Service.) (WAC 365-190-030(1)(a).)
"Priority species" means all state and federal endangered, threatened, and sensitive species,
and all federal candidate species; and all species of local concern as defined in this chapter.
96
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Private road"or"private street"means an approved road or street that is not dedicated to the
county and is used for access to secondary lots that have no direct access to a public way.
"Producer" means a person engaged in agricultural activities, including but not limited to
farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or another comparable person.
"Prohibited uses" means any use or activity which is not specifically enumerated or
interpreted as allowable in the applicable land use district.
"Project permit"or"project permit application"means any land use or environmental permit
or license required from the county for a project action.
"Projectile"means an object fired from a firearm.
"Proof of ownership"means a photocopy of a recorded deed to property and/or a current title
insurance policy insuring the status of an applicant as the owner in fee title to real property.
"Proprietor-occupied" means the residential occupancy by the owner of a building or
property.
"Provision" means any written language contained in this code, including without limitation
any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition.
"Public access areas"means ways or means of approach to provide the general public with a
physical entrance to a property.
"Public facilities"has the same meaning as in WAC 365-190-030(16).
"Public livestock market" means any place, establishment or facility commonly known as a
"public livestock market,""livestock auction market,""livestock sales ring,"yards selling on
commission,or the like,conducted or operated for compensation or profit as a public livestock
market, consisting of pens and other enclosures, and their appurtenances in which livestock is
received, held, sold, or kept for sale or shipment. The term does not include the operation of
a person licensed under chapter 16.65 RCW to operate a special open consignment horse sale.
"Public meeting"means an informal meeting,hearing,workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit
prior to a decision. A public meeting may include, but is not limited to, a community
association meeting or a scoping meeting on a draft environmental impact statement (DEIS).
A public meeting does not include an open record hearing. The proceeding at a public meeting
may be recorded and a report or recommendation may be included in the county's project
permit application file.
"Public purpose facilities" means lands and facilities needed to provide the full range of
services to the public provided by government, substantially funded by government,
contracted for by government, or provided by private entities to meet public service
obligations.
97
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Public road or public street" means an approved road or street, whether improved or
unimproved, held in public ownership or control (i.e., either through deed or easement
conveyance) and intended to be open as a matter of right to public vehicular travel.
"Public schools" means a building (and grounds) or part thereof designed, constructed, or
used for publicly operated education and/or instruction.
"Public services"has the same meaning as in WAC 365-190-030(17).
"Public transportation systems"means public facilities for air, water, or land transportation.
"Public way" means any publicly owned land set aside for utilities, surface transportation
purposes, including motorized vehicular and nonmotorized (e.g., bicycle and pedestrian)
transportation, whether improved or unimproved. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1
(Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.10.170 Q definitions.
"Qualified shooting range evaluator" means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
"Qualified wetlands consultant"means a person who has the qualifications to conduct wetland
studies and make recommendations for wetland mitigation. These qualifications include
specialization in wetland biology, botany, and hydrology, with appropriate education and
experience. [Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.180 R definitions.
"Rare, endangered, threatened and sensitive species" means plant and animal species
identified and listed by the Washington State Department of Natural Resources, Washington
Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S.
Fish and Wildlife Service, as being severely limited or threatened with extinction within their
native ranges.
"RCW" means the Revised Code of Washington, as it now exists or may be amended in the
future.
"Reclamation"means rehabilitation for the appropriate future use of disturbed areas resulting
from surface mining including areas under associated mineral processing equipment, areas
under stockpiled materials, and aboveground waste rock and tailing facilities, and all other
surface disturbances associated with underground mines. Although both the need for and the
practicability of reclamation will control the type and degree of reclamation in any specific
surface mine, the basic objective shall be to reestablish on a perpetual basis the vegetative
cover, soil stability, and water conditions appropriate to the approved subsequent use of the
surface mine and to prevent or mitigate future environmental degradation.
"Reclamation setbacks" include those lands along the margins of surface mines wherein
minerals and overburden shall be preserved in sufficient volumes to accomplish reclamation
according to the approved plan and the minimum reclamation standards. Maintenance of
reclamation setbacks may not preclude other mine-related activities within the reclamation
setback.
98
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Recording"means the filing of a document(s) for recordation with the county auditor.
"Recreational development" means parks and facilities for camping, indoor and outdoor
sports, and similar developments.
"Recreational park trailer" means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping or seasonal use, that meets the following
criteria: (a) built on a single chassis, mounted on wheels; (b) having a gross trailer not
exceeding 400 square feet in the set-up mode; (c) certified by the manufacturer as complying
with ANSI A119.5.
"Recreational uses" means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
"Recreational vehicle (RV)"means a vehicle designed primarily for recreational camping or
travel use that has its own motive power or is mounted on or towed by another vehicle,
including travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and
motor homes, but not mobile homes (RCW 43.22.335).
"Recreational vehicle park" means a commercially developed tract of land in which two or
more recreational vehicle sites are established as the principal use of the land.
"Recycling"means the process of segregating solid waste for sale, processing, and beneficial
use. Materials which can be removed through recycling include but are not limited to
newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not
include combustion of solid waste or preparation of a fuel from solid waste.
"Recycling center" means an area, with or without buildings, upon which used materials are
separated and processed for shipment.
"Recycling collection facilities"means neighborhood facilities for the drop-off and temporary
storage of recyclables but without waste processing.
"Regulated substance"means:
Any substance defined in Section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980 (but not including any
substance regulated as a hazardous waste under Subtitle C of the Federal Solid Waste
Disposal Act, or a mixture of such hazardous waste and any other regulated substances);
and
Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute). The term "regulated substance" includes but is not limited to petroleum and
petroleum-based substances comprised of a complex blend of hydrocarbons derived from
crude oil through processes of separation, conversion, upgrading and finishing, such as
motor fuels,jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents,
and used oils. The term "regulated substance" does not include propane or asphalt or any
99
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
other petroleum product which is not liquid at standard conditions of temperature and
pressure (WAC 173-360-120).
"Religious assembly facility" means a facility designed and used primarily for ceremonies,
rituals, and education pertaining to a particular system of spiritual beliefs (e.g., a church).
"Residential care facility" means a facility that provides room, board and care with 24-hour
supervision for persons who, by reason of circumstance or condition, require care. This may
include care for the aged or functionally disabled persons but shall not include correctional
facilities, inpatient substance abuse or inpatient mental health facilities that are otherwise
identified as essential public facilities by the Comprehensive Plan and regulated under JCC
18.15.110.
"Residential development" means development of land with dwelling units for nontransient
occupancy. For the purposes of this code,accessory dwelling units, garages, and other similar
structures accessory to a dwelling unit shall also be considered residential development unless
regulated otherwise by this code or subarea plans. (See also "Dwelling unit' and "Accessory
dwelling unit.")
"Resource-based industrial"means a forest resource-based industrial land use designation that
recognizes existing, active sawmills and related activities.
"Resource lands" means agricultural, forest, and mineral lands that have long-term
commercial significance.
"Resource management system" means a conservation system that meets or exceeds the
quality criteria in the NRCS FOTG for resource sustainability for all identified resource
concerns for soil, water, air, plants and animals.
"Restoration"means to return to an original or like condition.
"Restriction"means a limitation placed upon the use of parcel(s) of land.
"Retail sales and services"means establishments engaged in retail sales of goods, including,
but not limited to, the retail sale of merchandise not specifically listed under another use
classification in Table 3-1 in JCC 18.15.040. This classification includes, but is not limited
to, department stores, clothing stores, shoe stores,jewelry stores, hardware stores, furniture
stores, antique stores, pharmacies, appliance stores, agricultural feed and supply stores,
stationary stores, office supply stores and other similar uses; and establishments engaged in
the sale of services directly to the consumer including, but not limited to, small equipment
repair, plumbing and electrical repair services, and other similar uses.
Right-of-Way. (See "Public way.")
"Right-to-farm provisions"means provisions intended to enhance and encourage agricultural
operations by recognizing agricultural activities as essential rural activities that do not
constitute a nuisance.
100
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Right-to-forestry provisions" means provisions intended to enhance and encourage
sustainable forestry operations by recognizing forestry activities as essential rural activities
that do not constitute a nuisance.
"Road" means an improved and maintained public or private right-of-way which provides
vehicular access to abutting properties, and which may also include provision for public
utilities, pedestrian access, cut and fill slopes, and drainage.
"Road, access"means a road that functions solely to provide access to two or more properties.
"Road, arterial"means roads designated as arterial roads in the Transportation Element of the
Comprehensive Plan.
"Road, collector" means:
(a) Roads designated as collector roads in the Transportation Element of the
Comprehensive Plan.
(b)A street or road whose principal function is to carry traffic between access and arterial
roads and streets.
"Road end"means:
(a)A road closed at one end that may be designed for future road extensions.
(b) The point at which a public road meets the tidelands or a body of water.
"Road, primary" means any existing or proposed road designated as an arterial or collector
road in the Transportation Element of the Comprehensive Plan or so designated by the
Jefferson County engineer.
"Roadway"means that portion of an approved road or street intended for the accommodation
of vehicular traffic, generally between curb lines on an improved surface.
"Rules and regulations"with reference to a commercial shooting facility means requirements
used for the safe operation of a commercial shooting facility.
"Runoff' means water originating from rainfall and other precipitation that is found in
drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as
shallow groundwater. In addition, that portion of rainfall or other precipitation that becomes
surface flow and interflow.
"Runway" means the defined area at an airport, airfield, or airstrip indicated for landing and
takeoff of aircraft along its length.
"Rural character" means a quality of the landscape dominated by pastoral, agricultural,
forested, and natural areas interspersed with single-family homes, limited economic
development, and farm structures. Rural character refers to the patterns of land use and
development established by the Comprehensive Plan:
101
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(a)In which open space, the natural landscape, and vegetation predominate over the built
environment;
(b)That foster traditional rural lifestyles,rural-based economies,and opportunities to both
live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and
communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife
habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low
density development;
(f) That generally do not require the extension of urban governmental services; and
(g)That are consistent with the protection of natural surface water flows and groundwater
and surface water recharge and discharge areas. (cf. RCW 36.70A.030(14).)
"Rural commercial designation" means the land use designation of the Comprehensive Plan
designed to provide opportunities for some commercial uses to be located in rural areas.
"Rural commercial uses" means the use of land or the use or construction of structures or
facilities involving the retail sale of goods or services which is either unsuitable for a rural
village center or rural crossroad or is better suited to rural lands and that does not require
urban governmental services.
"Rural crossroads"means those areas established by virtue of historic transportation patterns
and characterized by existing concentrations of small-scale commercial uses fronting on, or
in close proximity to,major transportation routes and intersections. The following three types
of commercial rural crossroads exist in Jefferson County: neighborhood/visitor crossroads,
convenience crossroads, and general crossroads:
(1) Convenience Crossroads (CC). Those crossroads that provide a limited selection of basic
retail goods and services, and serve a lower intensity population base and the traveling public.
Convenience crossroads are characterized by a single convenience/general store. There are
three convenience crossroads in Jefferson County:Nordland,Beaver Valley and Wawa Point.
(2) Neighborhood/Visitor Crossroads (NC). Those crossroads which provide multiple uses
and services serving both the local community and the traveling public. There are five
neighborhood/visitor crossroads identified in Jefferson County: Mats Mats, Discovery Bay,
Four Corners, Chimacum and Gardiner.
(3)General Crossroads (GC). Similar to neighborhood crossroads, general crossroads serve a
higher local population base and offer a wider variety of goods and services. There are three
general crossroads identified in Jefferson County: Ness' Corner, Irondale Corner and SR
19/20 Intersection.
102
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Rural governmental services" means those public services provided to rural areas at a scale
consistent with the rural character of the area.
"Rural lands" means the class of land use designations which are intended to preserve the
rural character of the county. Rural land designations include the following: rural residential,
rural commercial, and rural industrial.
"Rural recreational lodging or cabins" means a rural commercial establishment consisting of
tourist lodging facilities such as cabins and/or motel, hotel, inn or lodge units that provide for
overnight sleeping accommodations and may also provide limited small-scale conference or
retreat facilities consistent with the standards set forth in JCC 18.20.350.
"Rural residential designation" means the land use designation in the Comprehensive Plan
designed to recognize existing residential development patterns of the rural landscape and
provide for a variety of residential living opportunities at densities which maintain the
primarily rural residential character of an area.
"Rural village center" means small, unincorporated commercial and residential community
centers that provide a rural level of services and which serve as a focal point for the local
population. In Jefferson County these centers include: Quilcene and Brinnon. [Ord. 5-20 § 3
(APpx. A); Ord. 3-20 § 1 (Apex. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.190 S definitions.
"Sale"means the conveyance for consideration of legal or beneficial ownership.
"Salt water intrusion"means the underground flow of salt water into wells and aquifers.
"Screening" means a method of visually shielding or obscuring a structure or use from view
by fencing, walls, trees, or densely planted vegetation.
"Seaward"means to or toward the sea.
Seawater Intrusion. (See "Salt water intrusion.")
"Seawater intrusion protection zone(SIPZ)"means aquifers and land overlying aquifers with
some degree of vulnerability to seawater intrusion.
"Sedimentation" means the process by which material is transported and deposited by water
or wind.
"Seiche and landslide generated wave hazard areas" means lake and marine shoreline areas
susceptible to flooding, inundation, debris impact, or mass wasting as the result of a seiche or
landslide generated waves. No known best available science is currently available to
characterize potential seiche hazards in Jefferson County.
"Seismic hazard areas"has the same meaning as in WAC 365-190-030(18).
"Sensitive areas" associated with JCC 18.20.345, Sexually oriented businesses, include:
schools, day care facilities, libraries, off-road public trails and paths, public indoor
recreational facilities, hospitals, parks and playgrounds, places of worship (i.e., churches),
103
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
community centers, senior citizen centers, cemeteries, residential neighborhoods, master
planned resorts.
"Sensitive species" means species that could become threatened as classified by the State of
Washington Department of Fish and Wildlife, Nongame Program, and the Department of
Natural Resources, Washington Natural Heritage Plan.
"Service area"means a geographic area defined by a county or intergovernmental agreement
in which a defined set of public facilities provides service to development within the area
(e.g., an area identified by a public water system that includes the ability to provide a water
tap).
"Setback" means the distance a structure is placed behind a specified line or topographic
feature.
"Sewerage treatment facilities" means the management, storage, collection, transportation,
treatment, utilization, and processing of sewage from a municipal or community sewage
treatment plant, not including community drain fields.
"Sexually oriented business"means:
(1)Any exhibition, performance or dance conducted in an sexually oriented business facility
where such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified sexual
activities or any specified anatomical areas; or
(2) Any exhibition, performance or dance intended to sexually stimulate any patron and
conducted in a sexually oriented business facility where such exhibition, performance or
dance is performed for,arranged with,or engaged in with fewer than all patrons in the sexually
oriented business facility at that time, with separate consideration paid, either directly or
indirectly, for such performance, exhibition or dance. For purposes of example and not
limitation, such exhibitions, performances or dances are commonly referred to as table
dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing; or
(3)Sexually oriented retail store,meaning an enclosed building,or any portion thereof,which,
for money or any other form of consideration, devotes a significant or substantial portion of
stock in trade to the sale,exchange,rental, loan,trade,transfer or viewing of sexually oriented
materials. For purposes of this definition, a retail store devotes a significant or substantial
portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan,
trade, transfer or viewing of such sexually oriented materials is clearly material to the
economic viability of the business. It is rebuttably presumed that such sexually oriented
materials are clearly material to the viability of the business if sexually oriented materials
account for:
(a)Twenty-five percent or more of the retail dollar value of gross sales over any quarterly
period;
(b) Twenty-five percent or more of the floor area of the store open to the public;
104
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(c) Twenty-five percent or more of the retail dollar value of all merchandise displayed in
the store;
(d) Twenty-five percent or more of the store's inventory (whether measured by retail
dollar value or number of items); or
(e) Twenty-five percent or more of the store's stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually
oriented materials be considered a sexually oriented retail store.
(4)Also see JCC 5.10.030 for a more complete list of definitions.
"Shooting range" consists of a firing line or firing points, and an impact area.
"Shoreline Management Act" means the Shoreline Management Act of 1971 (chapter 90.58
RCW), as amended.
"Shoreline Master Program (SMP)"means the Jefferson County Shoreline Master Program.
"Short plat"means a neat and accurate drawing of a short subdivision, prepared for filing for
record with the county auditor, and containing all elements and requirements set forth in
chapter 18.35 JCC.
"Sign" means any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images. Excluded from this definition are signs required by law, such as handicapped parking
signs, and the flags of national and state governments.
"Sign, commercial" means a sign that directs attention to a business or profession, to a
commodity or service sold, offered, or manufactured, or to an entertainment offered on the
premises where the sign is located.
"Sign, freestanding"means a sign not attached to a structure.
"Silviculture" means the study and practice of controlling the establishment, composition,
constitution, health, growth, and quality of forest stands.
"Single-family residence" means a dwelling unit designed for and occupied by no more than
one family.
"SIPZ"means seawater intrusion protection zones.
"Site evaluation checklist"means all the information described in JCC 18.22.945(3)(d).
"Small equipment repair, sales and rental services" means commercial establishments
engaged primarily in the repair, and/or rental and sale of small equipment, including, but not
limited to, tools, watches, appliances, televisions and other electronic devices, computers,
lawnmowers, bicycles and similar items.
105
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Small-scale"means of a size or intensity which has minimal impacts on the surrounding area
and which makes minimal demands on the existing infrastructure.
"Small-scale recreation or tourist uses"means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in
JCC 18.20.350.
"Soil log" means the excavation and written record of soil septic suitability as per health
department written guidelines and requirements.
"Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes, except
wastes identified in WAC 173-304-015, including, but not limited to,junk vehicles, garbage,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and
crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-
solid materials which are not the primary products of public, private, industrial, commercial,
mining and agricultural operations. Solid waste includes but is not limited to sludge from
wastewater treatment plants and septage from septic tanks,wood waste,dangerous waste, and
problem wastes. Unrecovered residues from recycling operations shall be considered solid
waste.
"Solid waste disposal"means the act or process of disposing of rubbish and garbage.
"Sound" means an oscillation in pressure, particle displacement, particle velocity, or other
physical parameter in a medium with internal forces that causes compression and rarefaction
of that medium, including any characteristics of sound, such as duration, intensity, and
frequency.
"Source of contamination"means a facility or disposal or storage site for material that impairs
the quality of groundwater to a degree that creates a potential hazard to the environment,
public health,or interferes with a beneficial use;or in reference to well drilling,a specific area
or source as defined in WAC 173-160-171.
"Special flood hazard"means land in the floodplain subject to a one percent or greater chance
of flooding in any given year.
"Special report" means a technical report or study containing certain site analyses or project
evaluations or a plan describing mitigation or monitoring recommendations.
"Species of local importance"has the same meaning as in WAC 365-190-030(19).
"Sponsor"for purposes of the temporary housing facility regulations in JCC 18.20.385 means
an organization that is:
(a) A state of Washington registered not-for-profit corporation and federally recognized
tax exempt 501(c)(3) organization that invites a temporary housing facility to reside on
land it owns or leases; or
106
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(b) Recognized by the Internal Revenue Service as exempt from federal income taxes as
a religious organization, which expresses its religious mission, in part, by organizing
living accommodations for those experiencing homelessness.
"Sprawl, low density" means scattered, poorly planned low density development that occurs
particularly in urban fringe and rural areas and frequently invades land important for
environmental and natural resource protection. Sprawl typically manifests itself in one or
more of the following patterns:
(a)Leap frog development:when new development of urban or suburban character is sited
away from an existing developed urban or suburban area,bypassing vacant parcels located
in or closer to the developed area that are suitable for development;
(b) Strip development: when large amounts of commercial, retail, or other nonresidential
development are located in a linear pattern along one or both sides of a major arterial or
collector and, typically, accessing directly onto the arterial or collector; and
(c) Large expanses of low density, single-family dwelling development, outside of urban
areas, rural village centers, or master planned resorts, that are located in relatively close
proximity to one another.
"State endangered species"means a species native to the state of Washington that is seriously
threatened with extinction throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232-12-014.
"State sensitive species"means a species, native to the state of Washington,that is vulnerable
or declining and is likely to become endangered or threatened in a significant portion of its
range within the state without cooperative management or the removal of threats. Sensitive
species are legally designated in WAC 232-12-011.
"State threatened species"means a species, native to the state of Washington,that is likely to
become endangered in the foreseeable future throughout a significant portion of its range
within the state without cooperative management or the removal of threats. Threatened
species are legally designated in WAC 232-12-011.
"Stockyard" means any place, establishment, or facility commonly known as a stockyard
consisting of pens or other enclosures and their appurtenances in which livestock services
such as feeding, watering,weighing, sorting,receiving and shipping are offered to the public;
provided, that "stockyard" shall not include any facilities where livestock is offered for sale
at public auction, feed lots, or quarantined registered feed lots.
"Storage yard, outdoor"means an outdoor area used for the storage of equipment, vehicles or
materials for periods exceeding 72 hours.
"Street" means a public or private thoroughfare or easement that affords primary means of
access. For the purposes of chapter 18.35 JCC, the definition of street includes all public and
private utilities such as communication lines, cable television lines, electrical lines and
equipment, gas distribution lines, stormwater, sidewalks, and other similar facilities
commonly found in street rights-of-way.
107
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Street or road frontage" means the length along a street which a structure, business, or lot
abuts or fronts.
"Structure" means a permanent or temporary edifice or building or any piece of work
artificially built up or composed of parts joined together in some definite manner, whether
installed on, above, or below the surface of the ground or water, except for vessels (WAC
173-27-030).
"Subarea plan" means a detailed plan consistent with but more specific than this code or the
Comprehensive Plan. It may be a detailed land use plan for a specific geographic area, or a
functional long-range plan for a land use or resource issue of county-wide concern.
"Subdivision" means the division or redivision of land into lots, tracts, parcels sites or
divisions for the purpose of sale, lease or transfer of ownership.
"Subdivision, alteration of means the alteration of lots or changes in dedications or
restrictions or easements shown on the face of a plat of a subdivision or short subdivision;
except as provided by RCW 58.17.040(6) for boundary line adjustments.
"Subdivision development standards" means the county's engineering, design and
construction standards and specifications contained in chapter 18.30 JCC, including any
incorporated standards, governing the construction of public and private improvements
serving new divisions of land. The county's subdivision development standards include the
adopted public works standards for design and construction of transportation facilities and
standards for clearing and grading, erosion control, stormwater facilities, and water and
sewage disposal improvements.
"Subdivision, long" means the division or redivision of land into five or more lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, phased" means a subdivision that is developed in increments over a period of
time.
"Subdivision, short" means the division or redivision of land into four or fewer lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, vacation of means the removal of lots, boundaries, roads, dedications,
restrictions, or easements of a recorded subdivision or short subdivision.
"Surface mine" means any area or areas in close proximity to each other, as determined by
the department,where extraction of minerals results: (a) in more than three acres of disturbed
area, (b) surface-mined slopes greater than 30 feet high and steeper than one foot horizontal
to one foot vertical, (c) more than one acre of disturbed area within an eight-acre area; when
the disturbed area results from mineral prospecting or exploration activities. Surface mines
include areas where mineral extraction from the surface or subsurface occurs by the auger
method or by reworking mine refuse or tailings, when the disturbed area exceeds the size or
height thresholds listed in of this definition. Surface mining occurs when operations have
created or are intended to create a surface mine as defined by this subsection. Surface mining
shall exclude excavations or grading used primarily for on-site construction, on-site road
108
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
maintenance, or on-site landfill construction, for the purpose of public safety or restoring the
land following a natural disaster, for the purpose of removing stockpiles, for forest or farm
road construction or maintenance on site or on contiguous lands, primarily for public works
projects if the mines are owned or primarily operated by counties with 1993 populations of
less than 20,000 persons, and if each mine has less than seven acres of disturbed area, and for
sand authorized by RCW 79A.05.630.
Surrounding (Area or Property). A lot of record shall be considered to be a "surrounding"
property with respect to the subject parcel or parcels if any portion of that lot of record is
within 300 feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are
designated on the land use map as rural, residential, resource area, or parks preserve and
recreation and shall be considered surrounding if any portion of the lot of record is within 100
feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are designated as
urban growth area or rural commercial. For industrial the criteria for "surrounding"property
shall be 600 feet.
"Sustainable" means actions or activities which preserve and enhance resources for future
generations. [Ord. 5-22 § 3 (Appx. A(3)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A);
Ord. 14-18 § 4 (Exh. B); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]
18.10.200 T definitions.
"Target"means a mark to shoot at.
"Target line"means the line where targets are placed.
"Temporary housing facility"means a facility providing temporary housing accommodations
pursuant to JCC 18.20.385. Temporary housing facilities include temporary structures as
defined in this section and may also include a safe parking area and common use structures.
"Temporary structures" includes tents, RVs,tiny shelters, and any other structure designed to
provide personal and private shelter to an individual or family.
"Temporary tent facility" means a temporary housing facility for unhoused people that is
composed of tents or other temporary structures, as approved pursuant to JCC 18.20.385.
"Temporary tiny shelter village"means a temporary housing facility for unhoused people that
is composed of purpose-built tiny structures, as approved by the administrator, on a site
permitted by the department pursuant to JCC 18.20.385. Temporary tiny structures for
unhoused people are typically less than 200 square feet and easily constructed and moved to
various locations. For the purposes of JCC 18.20.385, temporary tiny structures are not
dwelling units for purposes of chapter 15.05 JCC.
"Threatened species" means a species that is likely to become an endangered species within
the foreseeable future, as classified by the Washington Department of Fish and Wildlife,
Wildlife Policy No. 602, and the Department of Natural Resources, Washington Natural
Heritage Program.
"Threshold determination" means the decision by the responsible official under the State
Environmental Policy Act (SEPA) regarding the likelihood that a project or other "action"
109
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(WAC 197-11-704) will have a probable significant adverse impact on an element of the
environment.
"Timber land"means land supporting or capable of supporting a stand of merchantable timber
and which is not being developed or used for an activity which is incompatible with timber
production.
"Tourist uses"means used by persons traveling for pleasure or culture.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less than
two sides.
Tract. (See"Lot.")
"Trailer"means a structure standing on wheels, towed or hauled by another vehicle, and used
for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary
office.
"Transfer of development rights (TDR)" means the transfer of the right to develop or build,
expressed in dwelling units per acre, from land in one land use designation to land in another
designation or from one property owner to another, where such a transfer is permitted.
"Transient accommodations"means a commercial use involving the rental of any structure or
portion thereof for the purpose of providing lodging for periods less than 30 days.
"Transient residence or transient ADU" means a single-family residential unit or ADU used
for short-term transient occupancy (for periods less than 30 days).
"Transitional housing" means a project that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means roads, trails, airports, airfields, public docks, ferries and
related terminals, and parking areas.
"Tree line" means the line created by existing trees, at the trunk line, growing in a generally
continuous line, as opposed to a line drawn between a few isolated trees.
"Tsunami hazard areas" means coastal areas susceptible to flooding, inundation, debris
impact, or mass wasting as the result of a tsunami generated by seismic events. [Ord. 5-22 §
3 (Appx. A(4)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.210 U definitions.
"Unimproved, dormant platted land" means land within the limits of a plat recorded prior to
1937 that, as of the date of the initial adoption of the ordinance codified in this Unified
Development Code, does not contain a building that is or has been used as a dwelling unit or
as a viable business facility.
"Unit Lot Subdivision" means a land division of a parent site into separately owned unit lots.
110
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Uplands"means lands outside of the jurisdiction of the Shoreline Master Program.
"Urban growth" has the same meaning as in WAC 365-190-030(20).
"Urban growth area" means an area designated by the county within which urban growth is
to be encouraged and outside of which growth is not intended to be urban in nature. (cf.
chapter 36.70A RCW.)
Urban Services. Pursuant to RCW 36.70A.030 (19), urban services are those public services
and public facilities at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems,municipal water systems,street cleaning services,
fire and police protection services, public transit services, street improvements such as
sidewalks, curbs and gutters and other public utilities associated with urban areas and
normally not associated with rural.
"U.S.C."means the United States Code, as it now exists or is later amended.
"Use" means the purpose that land or building or structures now serve or for which they are
or may be occupied, maintained, arranged, designed, or intended.
"Utilities" means facilities serving the public through a network of wires or pipes, and
ancillary structures thereto, including systems for the delivery of natural gas, electricity, and
telecommunications services.
"Utility distribution lines"means pipes, wires, and associated structural supports.
"Utility facilities"means facilities directly used for the distribution or transmission of services
to an area, excluding utility service offices.
"Utility substations"means the intermediate substations used for the transmission of utilities.
(See"Utility facilities.")
"Utility transmission lines"means pipes, wires and associated structural supports. [Ord. 5-20
§ 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.220 V definitions.
"Vacation,roads and streets"means a statutory procedure by which the county may relinquish
its interest in streets, alleys, or easements.
"Variance"means the means by which an adjustment is made in the application of the specific
bulk, dimensional, or performance standards set forth in this code to a particular piece of
property, which property, because of special circumstances applicable to it is deprived of
privileges commonly enjoyed by other properties in the same land use designation or vicinity
and which adjustment remedies disparity in privileges. Variances shall not be used to vary
from the allowable, conditional and prohibited uses set forth in Table 3-1 in JCC 18.15.040.
"Variance, major" means all variances other than those meeting the definition of a minor
variance.
111
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Variance, minor" means variances that would permit expansion of an existing building that
would extend no more than 10 percent beyond the dimensional, area and bulk requirements
specified by this code. Minor variances also include variances to allow expansion of an
existing building that is nonconforming as to setback or lot coverage requirements when the
proposed expansion would not:
(a) Increase the nonconformity of the building; and
(b) Result in any portion of the building or expansion being located closer to the nearest
abutting property line than does the existing building at its nearest point to the property
line.
"Vicinity" means, in rural and resource lands, the area generally within one mile of the
exterior boundary of a given parcel. [Ord. 8-06 § 1]
18.10.230 W definitions.
"WAC"means the Washington Administrative Code, as it now exists or may be amended in
the future.
WADOT. (See "WSDOT" or"DOT.")
"Warehouse (or wholesale distribution center)" means a building, establishment or place of
business used primarily for the storage of goods and materials for commercial or industrial
purposes. Retail sales from such establishments shall be incidental to the primary use and
limited to that allowed by JCC 18.20.220, Industrial uses—Standards for site development.
Warehouse, Agricultural. (See "Agricultural warehouse (public warehouse).")
"Water conservation"means a reduction in the amount of water used to carry out a beneficial
water use without a reduction in the value of service the water provides.
"Water, ground" means all waters that exist beneath the land surface or beneath the bed of
any stream, lake or reservoir, or any other body of water within the boundaries of the state, as
defined in RCW 90.44.035.
"Water, potable"means water suitable for human consumption.
"Water purveyor"means any agency or subdivision of the state or any municipal corporation,
firm, company, mutual or cooperative association, institution, partnership, or person or any
other entity that owns or operates a public water system. Includes the authorized agents of any
such entities.
"Water storage tanks"means tanks or reservoirs used for the storage of water.
"Water supply plans" means a design sketch showing proposed source and lots to be served
or detailed engineering plans and specifications.
"Water system, alternative" means any source of water for an individual single-family use
other than a legally constructed well that produces more than 400 gallons per day, or an
112
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
approved public water system that can provide adequate water for the intended use of a
structure.
"Water system, approved"means any water source approved by the county health department
and Washington Department of Health, including but not limited to wells, ponds, roof
collection systems, treated systems, and public water supplies.
"Water system, individual (residential)" means any water supply system which is not subject
to the State Board of Health drinking water regulations, chapter 246-290 WAC.An individual
water supply system generally provides water to one single-family residence and no more
than one accessory dwelling unit, or in the case of family farms, four or fewer connections on
the same farm.
"Water system,public"means any water system subject to the State Board of Health drinking
water regulations, chapter 246-290 WAC, excluding a system serving only one single-family
residence or a system with four or fewer connections all of which serve residences on the
same farm, providing piped water for human consumption, including (a) any collection,
treatment, storage or distribution facilities which are under control of the purveyor and used
primarily in connection with a system, and(b)any collection of pretreatment storage facilities
which are not under the control of the purveyor but are primarily used in connection with the
system.
"WDFW"means Washington Department of Fish and Wildlife.
"WDOE"means the Washington Department of Ecology. (See "Ecology (WDOE).")
"Well testing" means acquiring data directly from a constructed well in order to determine
characteristics of the well, the water found in the well, or the geologic formations through
which the well has passed. The well test may include pump testing, water quality testing, or
geophysical testing.
"Wetland" or"wetlands"has the same meaning as in WAC 365-190-030(22).
"Wetland alteration"means any human-induced action which impacts the existing condition
of a wetland or its buffer.Alterations include but are not limited to: grading; filling; dredging;
draining;channelizing; installing drainage tiles;cutting,pruning,limbing or topping,clearing,
relocating, planting or removing vegetation; applying herbicides or pesticides or any
hazardous or toxic substance; discharging pollutants excepting stormwater; grazing domestic
animals;paving,construction,application of gravel;modifying for surface water management
purposes;or any other human activity that impacts the existing vegetation,hydrology,wildlife
or wildlife habitat. Alteration does not include walking, passive recreation, fishing, or other
similar activities.
"Wetland buffer"means the area immediately adjoining and contiguous with a wetland.
"Wetland creation" means the action performed to intentionally establish a wetland or a
portion of a wetland where one did not formerly exist.
113
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Wetland delineation" means the technical process of determining the edge of the wetland in
the field and ascertaining its classification and value.
"Wetland edge" means the boundary of a wetland as identified using the required wetland
delineation procedure.
"Wetland, emergent" means a regulated wetland, or portion thereof, with at least 30 percent
of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost
vegetative strata.
"Wetland enhancement" means alteration of an existing wetland or habitat to improve or
increase its characteristics and processes without degrading other existing functions.
Enhancements are to be distinguished from wetland or habitat creation or restoration projects.
"Wetland, forested"means a regulated wetland, or portion thereof, with at least 20 percent of
the surface area covered by woody vegetation greater than 20 feet in height.
"Wetland functions and values"means the beneficial roles performed by wetlands include but
are not limited to: water quality protection and enhancement; fish and wildlife habitat; food
chain support; flood storage, conveyance and attenuation; groundwater recharge and
discharge; erosion control; wave attenuation; historical and archaeological and aesthetic
value; and recreation.
"Wetland, isolated"means those regulated wetlands which:
(a)Are outside of and not contiguous to any 100-year floodplain of a lake,river,or stream;
(b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and
any surface water; and
(c) Have no surface water connection to a lake, river, or stream during any part of the
year.
"Wetland, maintenance and repair" means activities that change the size or scope of a use or
structure beyond its original nature; or which drain, dredge, fill, flood, or otherwise alter
additional regulated critical areas.
"Wetland, regulated" means a wetland that meets the standards of this code. However, a
wetland that does not meet these standards may still be regulated under the federal Clean
Water Act.
"Wetland restoration"means the actions performed to re-establish a wetland in an area which
was historically wetland but which does not now provide or contain the necessary functional
characteristics.
"Wetland, scrub-shrub"means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
"Wetland specialist"means a person with experience and training in wetlands issues and with
experience in performing delineations, analyzing wetland functions and values, analyzing
114
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
wetland impacts, and recommending wetland mitigation and restoration. Qualifications
include: (a) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany,
environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two
years of related work experience, including a minimum of one year experience delineating
wetlands and preparing wetland reports and mitigation plans using the following manuals and
guidelines: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of
Engineers Wetlands Delineation Manual 1987 Edition and corresponding guidance letters,
March 1997 Washington State Wetlands Identification and Delineation Manual, Washington
State Wetlands Rating System for Western Washington, as now or hereafter amended.
Additional education may substitute for one year of related work experience; or(b)four years
of related work experience and training,with a minimum of two years' experience delineating
wetlands using the manuals cited above and preparing wetland reports and mitigation plans.
The person should be familiar with the Pierce County Site Development Regulations, Pierce
County Wetland Management Policies, Ordinance Nos. 88-182 and 89-162, and the
requirements of this title.
"Wildlife biologist" means a person with experience and training within the last 10 years in
the principles of wildlife management and with practical knowledge in the habits,distribution,
and environmental management of wildlife. Qualifications include:
(a) Certification as professional wildlife biologist through the Wildlife Society;
(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife
biology, ecology, zoology, or a related field from an accredited institution and two years
of professional field experience; or
(c)Five or more years of experience as a practicing wildlife biologist with a minimum of
three years of practical field experience.
"Wildlife (wildlife species)" includes both plant and animal species for the purposes of this
code.
"WSDOT" means Washington State Department of Transportation. (See also "WADOT" or
"DOT.") [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.240 X definitions.
"Xeriscaping" means a water-conserving method of landscaping that utilizes native or other
plants that are drought-tolerant. [Ord. 8-06 § 1]
18.10.250 Y definitions.
Reserved. [Ord. 8-06 § 1]
18.10.260 Z definitions.
"Zero Lot Line" means a common lot line on which a shared wall of structure may be
constructed.
115
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Chapter 18.18
IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Sections:
18.18.005 General applicability.
18.18.010 Purpose.
18.18.020 Establishment of urban growth area(UGA) land use and zoning districts.
18.18.030 Purpose of UGA land use and zoning districts.
18.18.040 Use tables.
18.18.050 Density, dimension and open space standards.
18.18.060 Development requirements and performance standards.
18.18.070 Landscaping.
18.18.080 Parking and pedestrian circulation.
18.18.090 Lighting.
18.18.100 Signs.
18.18.110 Design standards.
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
18.18.130 Development standards in this title.
18.18.005 General applicability.
The land use regulations in this chapter implement the Comprehensive Plan and ensure urban
development is accompanied by urban infrastructure and services, in compliance with the
State Growth Management Act. The availability of sewer facilities is a precondition to
developing inside the UGA at urban densities or standards. Jefferson County will apply urban
standards to parcels where sewer is available. When sewer service is available, refer to this
chapter. [Ord. 9-09 § 2 (Exh. B)]
18.18.010 Purpose.
The purpose of this chapter is to establish land use controls and regulations for the
unincorporated Irondale and Port Hadlock Urban Growth Area ("PHUGA") consistent with
the adopted Jefferson County Comprehensive Plan.
Zoning designations are depicted on the map Irondale and Port Hadlock Urban Zoning,found
in the UGA Element, Exhibit 1-22, Jefferson County Comprehensive Plan (2018)
This chapter's development regulations shall be used for urban development that has urban
services available. Urban development will not be allowed before the availability of urban
services, namely, sewer availability. Development in those areas in the UGA that do not yet
have sewer available shall be consistent with chapter 18.19 JCC. See JCC 18.18.060,
Development requirements and performance standards, for specific information about sewer
availability and when urban development standards will apply. If there is conflict between
development regulations in this chapter and elsewhere in this title, then this chapter prevails.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
116
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Urban Residential Urban low density
residential (ULDR)
Urban moderate
density residential
(UMDR)
Urban high density
residential (UHDR)
Urban Commercial Urban commercial
(UC)
Visitor-oriented
commercial (VOC)
Urban Industrial Urban light
industrial (ULI)
Public Public (P)
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.030 Purpose of UGA land use and zoning districts.
The purposes of the land use and zoning districts are as follows:
(1) Urban Commercial (UC). The purpose of the urban commercial designation is to provide
for a wide range of commercial activities and uses compatible with the expressed needs of the
community that will provide goods and services for the UGA, nearby residents and serve the
traveling public;
(2) Visitor-Oriented Commercial (VOC). The purpose of this designation is to recognize the
unique area of the Old Alcohol Plant and allow commercial uses and for visitor-oriented
lodging, goods and services that supplement the historical and tourism-related character of
this area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to provide
for areas of single-family urban residential development that are separate from commercial
and industrial uses and activities;
(4) Urban Moderate Density Residential (UMDR). The purpose of the UMDR district is to
provide for areas of mixed single-family and moderate density multifamily urban residential
development;
(5)Urban High Density Residential(UHDR). The purpose of the UHDR district is to provide
for areas of high density multifamily residential development;
117
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(6) Urban Light Industrial (ULI). The purpose of the ULI designation is to allow for low
intensity and low nuisance potential industrial uses;
(7)Public(P). The purpose of the P designation is to provide for the siting of important public
facilities and services compatible. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.040 Use tables.
This section establishes whether a specific use is allowed,prohibited,conditional or otherwise
designated.
Table 3A-1. Allowable and Prohibited Uses
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified
by the following:
• The location may have a multiple designation. This would be true of the Shoreline
Master Program, a subarea plan, or an overlay district applied to the location. The
Shoreline Master Program (SMP) should be consulted if the location of interest is subject
to the SMP jurisdiction. See also Notes 1 to 3 to this table.
• All regulations in this code apply to the uses in these tables. To determine whether a
particular use or activity can occur in a particular land use district and location, all relevant
regulations must also be consulted in addition to this table.
• A development proposal within 200 feet of the ordinary high water mark of a regulated
shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the
applicable provisions of the SW in this title.
• Overlay districts provide policies and regulations in addition to those of the underlying
land use districts for certain land areas and for uses that warrant specific recognition and
management. For any land use or development proposed to be located entirely or partly
within an overlay district, or within the jurisdiction of a subarea plan, the applicable
provisions of the overlay district or subarea plan as provided in Articles VI and VII of
chapter 18.15 JCC shall prevail over any conflicting provisions of the UDC.
Categories of Uses
Yes = Uses allowed subject to the
provisions of this code,
including meeting applicable
performance standards
(chapter 18.20 JCC) and
development standards
(chapter 18.30 JCC); if a
building or other
118
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
development permit is
required, this use is also
subject to project permit
approval; see chapter 18.40
JCC.
D = Discretionary uses are certain
named and all unnamed uses
which may be allowed
subject to administrative
approval and consistency
with the UDC, unless the
administrator prohibits the
use or requires a conditional
use permit based on project
impacts; see JCC 18.15.045
and chapter 18.40 JCC.
C = Conditional uses, subject to
criteria, public notice, written
public comment and public
hearing procedure; see JCC
18.40.080.
C(a) = Conditional uses, subject to
criteria, public notice, written
public comment, and an
administrative approval
procedure, but not a public
hearing; see JCC 18.40.080.
C(d) = Conditional uses, subject to
criteria, public notice, written
public comment and, at the
discretion of the
administrator, a public
hearing procedure, if
warranted, based on the
project's potential impacts,
size or complexity, according
to criteria in JCC 18.40.550-9
see JCC 18.40.080.
No = Prohibited use.
119
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Uses
Single-Family Housing
Single-family residences Existing Existing Yes Yes No No No
only only
Duplexes Existing Existing Yes Yes No No No
only only
Manufactured/mobile home parks Existing No Yes Existing Yes No No
only only
Multifamily Housing
Multifamily residential units(3+ D Existing No Yes Yes No No
units) only
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted Yes No Yes Yes Yes No No
living facilities
Emergency housing/emergency Yes No No No No No No
shelters
Permanent supportive Yes No No No No No No
housing/transitional housing
121
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Accessory Uses
Accessory dwelling units Existing Existing Yes Yes Yes No No
only only
Home businesses' Yes Yes Yes Yes Yes No No
Cottage industries' Yes Yes No No No No No
Commercial Uses
Animal shelters and kennels, C(a) C(a) No No No No No
commercial
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No No No No No
Automobile repair and/or Yes Yes No No No Yes No
restoration
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
121
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use l i C VOC ULDR UMDR UHDR ULI P
Bed and breakfast residence Yes Yes Yes Yes Yes No No
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales Yes Yes No No No Yes No
Bowling alley Yes Yes No No No No No
Building supply and hardware Yes No No No No No No
store
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental,and Yes Yes No No No No No
vision)and veterinary clinics and
hospitals
Commercial indoor shooting D D No No No D No
facility
Commercial outdoor shooting No No No No No No No
facility
Convenience store Yes Yes No No No No No
122
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Moderate High
Commercial Oriented Density Density Density Light Public
Commercial Residential Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Contractor yards(commercial Yes No No No No Yes No
excavating)
Drinking establishment Yes Yes No No No No Yes
Eating establishment Yes Yes No No No YeS2 Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl. Yes Yes No No No No No
motel/hotel)'
Lumber yard Yes No No No No No No
Marijuana recreational retailer Yes No No No No Yes No
Mini-storage facilities No No No No No Yes No
Personal and professional services Yes Yes No No No No No
123
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Retail sales and services (not Yes Yes No No No No No
including recreational marijuana)'
Sexually oriented businesses' C C No No No C No
Unnamed commercial uses D [) No No No No No
Industrial Uses
Asphalt batch plants No No No No No No No
Boat storage No No No No No Yes No
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental Yes No No No No Yes No
services
Heavy industry No No No No No No No
Light industry (not including No No No No No Yes No
recreational marijuana)
Outdoor storage yards Yes No No No No Yes No
124
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Resource processing, accessory to No No No No No Yes No
extraction operations
Marijuana recreational processor No No No No No Yes No
Mining and mineral extraction No No No No No Yes No
activities
Recycling center C No No No No Yes Yes
Warehouse/moving storage No No No No No Yes No
Warehouse/wholesale distribution C(a) No No No No Yes No
center
(Automobile) wrecking and No No No No No Yes No
salvage yards
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See JCC 18.15.1 10
Public Purpose Facilities
• College or technical school Yes C No No No Yes Yes
125
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
• Emergency services (fire, Yes Yes C C C Yes Yes
police,EMS)
• Government offices Yes Yes No No No No Yes
• Library/museum/post office Yes Yes No No No No Yes
• Parks No Yes Yes Yes Yes No Yes
• Public works Yes No No No No Yes Yes
maintenance/equipment storage
shops
• Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
• School, primary and secondary Yes Yes C C C No Yes
• Visitor/community center Yes Yes C(d) C(d) C(d) No Yes
• Water and wastewater Yes Yes C(d) C(d) C(d) Yes Yes
treatment facilities
Cemeteries No No C(d) C(d) C(d) No Yes
Church C(d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) C(d) Yes No No
Unnamed institutional facilities D D D D D D D
126
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths,public or private Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D
Utility Uses
Commercial communication See JCC 18.20.130
facilities
Utility developments,major C C' C C C C C
Utility developments,minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing No No Yes No
only
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal No No No No No Yes No
processing and storage
127
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Lumber mill, stationary No No No No No No No
Marijuana recreational producer No No No No No Yes No
Nurseries Yes No No No No No No
Unnamed agricultural and forestry D D D D D D D
uses
Home businesses and cottage industries are allowed in existing residential structures within commercial and visitor-oriented commercial
zones.
2 Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density requirement.
4 See JCC 18.20.345 for performance standards.
s Outdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses.
6 Lawful incidental sales of firearms,ammunition,component parts and accessories for indoor shooting facilities shall be allowed.However,
in industrial zones,JCC 18.20.220(1)(c)(i), ii and(iW shall apply, but iv shall not.
[Ord. 3-20 § 1 (Appx. A); Ord.4-15 § 3 (Att. B); Ord. 3-12 § 1 (Exh. H);Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
128
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban
development within the UGA.
NOTES TO TABLE 3A-2:
1. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline
Master Program (SMP) or when impairing safe sight lines, as determined by the county
engineer.
2. Setbacks do not apply to mailboxes; wells;pump houses; bus shelters; septic systems and
drainfields (except in the SMP); landscaping (including berms); utility apparatus such as
poles, wires, pedestals, manholes, and vaults. No other structures or communication devices
(such as antennas, satellite dishes) shall be located in the front setback area unless approved
by the administrator.The administrator may reduce the minimum front road setbacks provided
the proposed structures or required plantings do not interfere with sight distances and the
reduced sight lines for vehicular traffic do not create a public safety concern.
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles,
utility lines and poles, skylights, communication sending and receiving devices, HVAC and
similar equipment, and spires associated with places of worship are exempt from height
requirements.
4. Structures used for the storage of materials for agricultural activities are exempt from the
maximum building height requirements.
5. Approved subarea plans may establish different bulk and dimensional requirements for
those areas.
6. "N/A"=Not applicable.
7. Road Classifications. To clarify the setbacks for urban development activities within the
UGA consistent with the requirements of this section, the following road designations shall
apply:
• Principal arterials. None classified in the UGA.
• Minor arterials. SR 19 (Rhody Drive).
• Major collectors. SR 116 (Ness' Corner Road, Oak Bay Road to Flagler Road and Flagler
Road), Chimacum Road, Irondale Road.
• Minor collectors.
• Local access roads.
• Alleys.
• Private roads.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply to outbuildings
for residential or agricultural uses such as detached garages, storage sheds or tool sheds,
except for existing lots of record less than five acres wherein the minimum rear and side yard
setbacks for outbuildings shall be five feet.
129
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)
Table 3A-2 Commercial Residential Industrial Public
Density and Dimensional Urban Urban
Urban Low Urban High
Standards Commercial/Visitor- Moderate Urban Light
Oriented Density Density Density Industrial Public
Commercial Residential Residential Residential
Development Standard UCNOC ULDR UMDR UHDR ULI P
Allowed Residential Density N/A 4-6 7— 12 13— 18 N/A N/A
units/acre units/acre units/acre
Note: Standard densities apply to development with connection required to sanitary sewer system. On-site sewer code allows minimum
12,500 sq. ft. lot for on-site septic systems with waivers possible to approximately minimum 7,500 sq. ft. However,the code does not
allow waivers less than 12,500 sq. ft. for lots within critical aquifer recharge areas (CARAs). Therefore standard density in the ULDR
zone(inside CARAs and outside of phased sewer service areas where sewer service is available) is approximately 3.5 DUs/acre.
Standard density of 4 DUs/acre in the ULDR zone (outside CARAs and outside of phased sewer service areas where sewer is available)
may be achieved only by compliance with the waiver provisions of the on-site septic code. Maximum density of 6 DUs/acre in the
ULDR is only achievable by connection to sanitary sewer.
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public health and environmental protection
standards contained in the Jefferson County regulations. Ability to subdivide is regulated by the
permitted development density.
Minimum Front or Street Setbacks Note: The administrator may alter the local access road setback requirements for subdivisions;
provided, that pedestrian facilities are constructed and that reduced sight lines for vehicular traffic
do not create a public safety concern.
local Access Roads 20 20 20 20 20 20
• Alleys 0 0 0 0 0 0
• Private roads 10 10 10 10 10 10
Minor Collector 20 20 20 20 20 20
130
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
lrondale and Port Hadlock Urban Growth Area(UGA)
Table 3A-2 Commercial Residential Industrial Public
Density and Dimensional Urban Urban
Urban Low Urban High
Standards Commercial/Visitor- Moderate Urban Light
Oriented Density Density Density Industrial Public
Commercial Residential Residential Residential
Development Standard UCNOC ULDR UMDR UHDR ULI P
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 35 35 35
Minimum Rear and Side Yard 5 5 5 5 10 20
Setbacks (See Key Notes)'
Maximum Building Dimensions Note: Maximum building height recommended for increase from 35 feet to 70 feet in all
commercial/industrial zones and in urban residential high density zones to allow for and
accommodate increased densities.
Building Height(feet) 70 35 35 70 70 70
Lot Coverage, Buildings Only (%) No maximum2 60 70 70 No
maximum2
Total Building Size(sq. ft.) None specified
' Special rear and side setbacks:
• Wherever a light industrial use is proposed to abut a commercial or residential use or zone,the setback shall be 25 feet,unless otherwise
specified in this code.
• Wherever a commercial use is proposed to abut a residential use or zone,the setback shall be 10 feet, unless otherwise specified in this
code.
131
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
2 Adequate space must be provided for required parking, setbacks, landscaping, utilities, septic system (if no sewer available) and
stormwater management facilities, as applicable.
[Ord. 9-09 § 2 (Etch. B); Ord. 3-09 § 5 (Exh. G)]
132
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all property
proposed for development within the Irondale and Port Hadlock urban growth area(PHUGA).
No development approval shall be given, and no building permit shall be issued, unless the
proposed development is in compliance with the provisions of this section and chapter 18.30
JCC, Development Standards.
Development within the Irondale and Port Hadlock UGA shall be governed by the following
level of service standards:
(1) Street Standards.As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall construct roads which the county determines are
consistent with the adopted urban street standards in JCC 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall obtain a certificate of water availability for the
proposed use from Jefferson PUD No. 1 and connect to the PUD No. 1 water system. Fire
flow requirements shall be as specified by the Jefferson County fire marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner shall
construct surface and stormwater management improvements as determined by the county to
be consistent with the surface water management standards adopted in the Jefferson County
stormwater management plan (adopted November 27, 2006, Resolution No. 74-06).
(4) Sanitary Sewer Service.
(a) Sewer Service Area. The sewer service area is the same as the 20-year planning
boundary of the Irondale and Port Hadlock urban growth area.No development approval
shall be given, and no building permit issued, unless the proposed development complies
with the provisions of this chapter. For development under this chapter, as a condition of
any new development approval or major modification to an existing commercial,
industrial, or residential use located within a sanitary sewer service area, as identified in
the adopted general sewer plan for the Irondale and Port Hadlock urban growth area, as
amended, the property owner must obtain confirmation of sewer availability from the
PHUGA sewer system operator prior to development approval. Sewers shall be
considered to be available for the purposes of turning off the transitional rural zoning in
chapter 18.19 JCC for the Irondale and Port Hadlock urban growth area as described in
title 13 JCC.
(b)Areas with Sewer Not Yet Available—Interim On-Site Septic Systems.If the proposed
use or major modification is located within the Irondale and Port Hadlock urban growth
area but outside of areas where sewer is available,then transitional rural development
standards in chapter 18.19 JCC apply.
(5) Other Facilities and Services. Reserved.
(6)Credit for Prior Contributions and Infrastructure Improvements. All of the agreements not
to protest formation of local improvement districts or other pro rata cost sharing arrangements
133
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
described in this section shall include credit for any contributions or facility construction
already made or completed by the individual property owners (or their predecessor) for the
particular urban public facility or service contemplated by the capital facilities plan. [Ord. 14-
18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed use, and multifamily developments in
the UGA shall comply with the following standards and shall be exempt from the rural
provisions of JCC 18.30.130,Landscaping/screening:
(1)Landscaping Definitions.
(a) "Visual screen" means evergreen and deciduous trees (no more than 50 percent
deciduous) planted 20 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(b) "Visual buffer" means evergreen and deciduous trees (no more than 75 percent
deciduous) planted 30 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(2) Plant Standards.
(a) Deciduous trees must be one and one-half inches diameter at chest height (four and
one-half feet from ground level) and must have a survivability rate of 100 percent after
one year and 80 percent after two years of planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of 100
percent after one year and 80 percent after two years of planting.
(c) Ground cover is low evergreen or deciduous plantings at three-foot spacing in all
directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a
survivability rate of 100 percent after one year and 80 percent after two years of planting.
(e) The retention of existing natural vegetation in place of new plants is encouraged and
allowed. The use of existing native and/or drought-tolerant landscape materials shall be
utilized whenever possible, and may be used in lieu or in combination with existing
plantings to demonstrate substantial consistency with the requirements of this section.
(3) Screening Standards.
(a)New or expanding commercial or industrial land uses within commercial or industrial
zones shall provide a five-foot visual buffer along all street frontages between the street
and on-site parking areas and a 10-foot visual screen along any property line abutting a
residential zoning district to minimize aesthetic impacts to residential properties.
(b)New multifamily dwellings over four dwelling units in residential zones shall provide
a five-foot visual buffer along all street frontages.
134
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(4) Alternative Designs. Alternative designs may be allowed if, upon review by the
administrator, they are determined to provide landscaping substantially equivalent to the
standards in this section. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.080 Parking and pedestrian circulation.
Unless as approved by the administrator, parking for all new development shall comply with
JCC 18.30.100, Parking, and JCC 18.30.110, Off-street loading space requirements.
Pedestrian facilities shall be provided in accordance with JCC 18.30.090, Pedestrian
circulation. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.090 Lighting.
Lighting shall comply with the standards set forth in JCC 18.30.140,Lighting;shall not permit
direct illumination of the sky (skyglow); and shall not provide more illumination into an
adjoining property than is received from the adjoining property measured at a vertical plane
at the property boundary (light trespass). [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.100 Signs.
Signs shall comply with the standards set forth in JCC 18.30.150, Sign Code. No sign shall
hereafter be erected or used for any purpose or in any manner in the urban growth area except
as permitted by the regulations of this section.All signs subject to this section shall be subject
to approval and issuance of a sign permit by the administrator according to a Type I permit
approval process as specified in chapter 18.40 JCC. The administrator may waive certain
requirements of this section or require additional conditions for any sign permit, if deemed
necessary to maintain consistency with the Comprehensive Plan.
(1)Prohibited Signs. The following signs are prohibited:
(a)Abandoned signs;
(b) Billboards;
(c) Flashing, revolving or moving signs, excepting clocks and electronic reader boards
allowed within urban commercial zones;
(d) Off-site signs which advertise a business;
(e) Signs or sign structures, which by coloring, shape, working, or location resemble or
conflict with traffic-control signs or devices;
(f) Signs which create a safety hazard for pedestrians or vehicular traffic; and
(g) Signs attached to utility poles or traffic signs.
(2)Exemptions. The following signs are exempt from the provisions of this section:
(a) Traffic and standardized public signs installed by a government entity;
(b) Window and merchandise displays, point of purchase advertising displays such as
product dispensers and barber poles;
135
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(c)National flags, flags of a political subdivision, and symbolic flags of an institution or
business;
(d)Legal notices required by law;
(e)Historic site plaques and markers and gravestones;
(f) Personal signs displaying personal messages such as "yard sale" or "no trespassing"
not to exceed eight square feet;
(g)Political signs safely displayed on private property;
(h) Structures intended for separate use, such as recycling containers and phone booths;
(i)Real estate signs; and
0) Lettering painted on or magnetically flush-mounted onto a motor vehicle operating in
the normal course of business.
(3) Design Standards. Signs regulated by this section include signs that are attached to the
building (e.g., facade, projection or wall signs) and signs that are set apart from the building
(e.g., freestanding or monument signs). All signs must meet the following standards:
(a) The following standards apply to the illumination and illustration of signs:
(i)The illumination of signs shall be shaded,shielded,or directed so the light intensity
or brightness shall not adversely affect surrounding properties or public and private
rights-of-way or create a hazard or nuisance to the traveling public, or to surrounding
properties. Illumination of signs shall comply with JCC 18.18.090;
(ii)No sign or part thereof shall consist of rotating,revolving,or moving parts;consist
of banners, streamers, or spinners; or involve flashing, blinking, or alternating lights.
Two exceptions to this standard are (A) temporary signs associated with local
festivals, fairs, parades, or special events pursuant to JCC 18.30.150(8)(b); and (B)
electronic reader board signs or message boards which are only allowed within urban
commercial districts and residential districts for public purpose facilities, subject to
the requirements of this code and JCC 18.30.150(6).
(b) Sign size shall be regulated as follows:
(i) There is no maximum sign size for businesses in the commercial and industrial
districts in the Irondale and Port Hadlock UGA except as specified in this section.
Multitenant developments in urban commercial and industrial districts may have one
freestanding sign,64 square feet in size plus 15 square feet for each occupant,for each
access point, commonly identifying the businesses within multitenant developments
provided such signs total no more than 100 square feet in aggregate. The maximum
size for signs placed on a multitenant building identifying individual occupants shall
be no larger than 15 square feet per occupant;
136
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(ii) The square footage of signs shall be calculated by the outside dimensions
necessary to frame the information displayed. No sign mounted on a building shall
extend above or beyond the eaves,rake,or parapet of the wall on which it is mounted.
Any sign projecting beyond six inches from a perpendicular wall shall be at least six
feet eight inches above grade;
(iii) Directional, identification or advertising signs for any use located in any urban
residential district shall not exceed 32 square feet, with the exception of institutional
use signs, which shall not exceed 64 square feet;
(iv)Freestanding signs with reader boards for a single business shall be no larger than
128 square feet.
(c) Uses located in any urban commercial or industrial land use districts shall have no
more than two on-premises signs, except as allowed in this section for multitenant
developments.
(d) Signs attached to or painted against the structure to which they relate shall not be
computed as a part of the overall total square footage, or number of signs allowed.
(e) All signs shall be continuously maintained. Signs that present a public hazard as
determined by the Jefferson County building official or department of public works shall
be subject to abatement.
(f) The design of freestanding signs shall include measures to restrict vehicles from
passing beneath them, unless otherwise permitted by the Jefferson County department of
public works. All freestanding pole signs or projecting signs shall provide pedestrian
clearance to a minimum of eight feet, where applicable.
(g) Signs should be incorporated into the landscaping of the site when landscaping is
provided.
(h) No signs, other than those related to water-dependent uses, such as a marina, are
permitted to face seaward, excepting signs relating to safety concerns, such as cable-
crossing, construction-dredging, fuel area, etc.
(i)No sign shall be placed in the public right-of-way or in the vision clearance triangle of
intersections and curb cuts, unless otherwise approved by the Jefferson County
department of public works.
(4)Specialty Signs. Specialty signs may be established when consistent with the standards set
forth below:
(a) Signs and banners promoting public festivals, community or special events, and grand
openings may be displayed up to 30 days prior to the event, and shall be removed no later
than seven days after the event. The sponsoring entity is responsible for sign removal.
Event signs may be located off site.
137
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(b) Signs which identify a recognized community or unincorporated place are permitted
at each entrance to the community. Said signs are limited to one per entrance, and may
not exceed 64 square feet or eight feet in height. Signs relating to clubs, societies, orders,
fraternities and the like shall be permitted as part of the community sign.
(c)Businesses may erect temporary on-site sandwich board signs subject to the following
criteria:
(i)No more than two sandwich board signs may be erected per business;
(ii) Sandwich board signs shall not exceed four feet in height or three feet in width;
(iii) Sandwich board signs shall be displayed during business hours only;
(iv) Sandwich board signs shall not be placed on sidewalks; and
(v) Sandwich board signs shall not be placed in public road rights-of-way unless
approved by the Jefferson County department of public works.
(d) Off-site signs may only be allowed when they meet all of the following standards:
(i)Are directional in nature;
(ii)Located on private property along a major or minor arterial;
(iii)Located no more than 600 feet from an intersection;
(iv)No larger than 12 square feet.
(5) Nonconforming Signs. Legally established signs in place prior to the adoption of the
ordinance codified in this chapter and not in conformance with these standards shall be
considered legal, nonconforming signs, and may remain as provided below:
(a)Nonconforming off-premises signs shall be removed within five years of adoption of
the ordinance codified in this chapter. Until then, such signs must be continually
maintained,not relocated,and not structurally altered.Nonconforming off-premises signs
may be replaced by off-site directional signs as allowed in this section;
(b) Nonconforming on-premises signs may remain provided they are continually
maintained, not relocated, and not structurally altered;
(c) Billboards which are in place prior to the adoption of the ordinance codified in this
chapter may remain provided they are continually maintained, not relocated, and not
structurally altered. [Ord. 14-18 §4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh.
G)]
18.18.110 Design standards.
Reserved. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
138
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or public water
to a site, any approval for a commercial, industrial, mixed use, multifamily, high density
residential, or single-family residential subdivision in the ULDR zone is required to include a
site plan which:
(1) Complies with the applicable health regulations and other Jefferson County development
and building regulations (e.g., critical areas, stormwater management, etc.);
(2)Provides for sanitary sewer connection and other utilities.
The site plan prepared under this section and reviewed and approved by the administrator
shall address the following: buffers, landscaping,traffic access and parking standards,current
septic and future sanitary sewer provisions, height and scale in relation to surrounding uses
and future uses, vegetation removal, stormwater, potable water, and lot coverage.
Development of the site shall be consistent with the approved site plan. Minor modification
to the site plan may be allowed by the administrator; provided, that all other regulations and
conditions placed on the approval are met. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.130 Development standards in this title.
In addition to this chapter, development and standards in the UGA shall also comply, where
applicable, with the following chapters in the Unified Development Code:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts
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
18.40 Permit Application and Review
Procedures/SEPA Implementation
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (APpx. B); Ord. 14-18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B)]
139
Appendix A,Exhibit 5
Jefferson County Code
Title 13 UTILITIES
APPENDIX A, Exhibit 5
The following sections in title 13 JCC shall be amended for consistency with the changes
proposed for title 18 JCC in Appendix A.
JCC 13.02.010 is amended as shown below.
13.02.010 "A" definitions.
"Accessory dwelling unit" or"ADU"has the same meaning as in JCC 18.10.010.
"Aggrieved person" means a person who received an adverse decision by the director on
decisions listed in JCC 13.07.060.
"Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"means a fee to be paid by the property owner for the cost of private construction
of PHUGA sewer system improvements for property within an assessment reimbursement
area.
"Assessment Reimbursement Area" means that area within the Port Hadlock UGA, which
includes all parcels or real property likely to require connection to or service by PHUGA
sewer system improvements constructed by a developer and the county.
"Available"and"availability"means that the PHUGA sewer system is available to a property
as described in chapter 13.04.010 JCC.
JCC 13.04.010 is amended as shown below.
13.04.010 Connection-when required or permitted.
(1) This section concerns areas within the Port Hadlock UGA where the PHUGA sewer
system is"available"as described in JCC 13.04.010,where individual properties within those
areas are required or permitted to connect to the PHUGA sewer system.
(2) The following Table 4-1 is intended to add clarification to when properties within the
PHUGA are required to connect to the sewer system.
Use "Adequate"(1) Sewer System Connection
On-Site Sewage "Available"(2) Required?
System? ?
Sewer Not "Available" 2
Existing structure N/A No No
Major modification of existing No No No
structure
New structure N/A No No
"Available" 2
Existing single-family residence or FNo Yes Yes
duplex
140
Appendix A,Exhibit 5
Jefferson County Code
Title 13 UTILITIES
10Wse "Adequate"(1) Sewer System Connection
On-Site Sewage "Available"(2) Required?
System? ?
Major modification of a single-family No Yes Yes
residence or duplex
Modification of a single-family Yes Yes No
residence or duplex
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit(ADU) N/A Yes Yes(4)
Garage or addition to structure without Yes Yes No
plumbing
Existing multifamily dwelling N/A Yes Yes
Major modification to a multifamily No Yes Yes
dwelling
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average Yes Yes No(3)
water use
Existing non-residential structure with
less than 1 ERU per month average No Yes Yes
water use
Existing non-residential structure with
equal to or greater than 1 ERU per N/A Yes Yes
month average water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential No Yes Yes
structure
"Adequate"means that the on-site sewage system ("OSS") has a current inspection, is not
failing or in need of significant repairs or replacement, and existing flows or proposed flows
resulting from a building remodel or change of use will not trigger the need for modification to
the OSS as determined by the Director of the Jefferson County Department of Environmental
Health. If the Director of the Jefferson County Department of Environmental Health determines
that a major modification, remodel, or change of use would require modification to or
expansion of an OSS, then a sewer connection is required if the PHUGA sewer system is
"available."
If there is any question whether the on-site sewage system is "adequate," consult with Jefferson
County Environmental Health Department. See JCC 18.19.120 and chapter 8.15 JCC.
"Available" is as described in this section. When sewers are "available,"urban growth area
standards in chapter 18.18 JCC apply.
Subject to No Protest Agreement or other binding agreement requiring connection to sewer
when"available"per JCC 18.19.120(3).
When connecting a new detached ADU to the sewer system, all other structures with plumbing
on the same property are required to connect to sewer at the same time.
141
Appendix A,Exhibit 5
Jefferson County Code
Title 13 UTILITIES
142
Appendix A,Exhibit 6
Jefferson County Code
Title 15 BUILDING
Appendix A / Exhibit 6
The following changes to title 15 JCC are made to be consistent with the amendment made to
tile 18 JCC (Appendix A):
New Section 15.05.047 Automatic fire-extinguishing systems.
(1)An automatic fire-extinguishing system shall be installed in all structures as set forth in
this section, and as described in chapter 9 of the currently adopted editions of both the
International Fire Code and the International Building Code as amended and adopted by
the state of Washington. For the purposes of this section, fire barriers and fire walls of any
type do not constitute separate buildings.
(a) In all newly constructed residential buildings (R occupancies), located within any
Urban Growth Area(UGA)in unincorporated Jefferson County,with a gross floor area
of five thousand (5,000) or greater square feet, regardless of type or use, as well as
zero lot line townhouses with an aggregate area of all connected townhouses five
thousand(5,000) square feet or greater;
(b) In all newly constructed buildings, located within any UGA in unincorporated
Jefferson County, other than R occupancies with a gross floor area of ten thousand
(10,000) or greater square feet; unless prior authorized by the fire code official.
143
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
18.10.060 F definitions.
"Facility and service provider" means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
"Family"means any number of persons living together as a single housekeeping
unit and doing their cooking on the premises as distinguished from a group occupying a
boarding house or rooming house or motel.
"Farm assistance agencies"means federal, state,or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service, the Washington Department of Agriculture,
or the Jefferson County conservation district.
"Farm equipment" for all chapters in this title, except chapter 18.22 JCC, includes, but is not
limited to, tractors, trailers, combines, tillage implements, balers, and other equipment,
including attachments and accessories that are used in the planting, cultivating, irrigation,
harvesting, and marketing of agricultural, horticultural, or livestock products. "Farm
equipment" for purposes of chapter 18.22 JCC is governed by the definition of"agricultural
activities."
"Farm plan" means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner's goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
resources such as machinery or buildings and finances available. The terms "conservation
plan" and"farm plan" are interchangeable in this context.
"Farm worker housing"means a place,area,or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
"Farmed wetland"means wet meadow,grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
"Feasible alternative"means an alternative that:
(a)Meets the requirements of federal, state, and local laws and regulations;
(b)Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
144
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of"upset conditions" (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
"Federal candidate species" means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
"Federal endangered species" means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
"Federal sensitive species" means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
"Federal threatened species" means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See "Recording.")
"Fill"means any sand,gravel, earth, or other materials of any composition whatsoever placed
or deposited by humans.
"Final plat" means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
chapter 18.35 JCC and all other applicable codes and ordinances.
145
Appendix C,Exhibit I
Jefferson County Code
18.10.060 DEFINITIONS
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol,"
"rifle," "short-barreled rifle," "shotgun," "short-barreled shotgun," "machine gun," and
"antique firearm" as those terms are defined in RCW 9.41.010. The term "firearm" shall not
include: (a) devices, including but not limited to "nail guns," which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a"destructive device" as defined in 18 U.S.C. Section 921(a)(2).
"Firing line"means a line parallel to the targets from which firearms are discharged.
"Firing point"means a location from which one individual fires at an associated target located
down range.
"Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-
030(6).
"Flood Insurance Rate Map(FIRM)"means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
"Flood or flooding" means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
"Forest land"has the same meaning as in WAC 365-190-030(7).
"Forest management" means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
"Forest practice, conversion"means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
"Forest practice, conversion option harvest plan (COHP)"means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas,road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class II, III, or IV special forest
practice permit application,and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
146
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
"Forest resource lands" means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production(RCW 36.70A.030(8)).
"Frequently flooded areas"has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 11
147
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
18.10.030 C definitions.
"Calendar day"means any day of the week, including weekends and holidays. When used for
computing time,the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
"Campground and camping facilities" means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
"Capital facilities"means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
"Capital improvements" means improvements to land, structures, initial furnishings, and
selected equipment.
"Caretaker residence"means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
"CC&Rs"means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in
accordance with chapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the county.
"Certificate of occupancy or use"means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
"Certified feed lot" means any place, establishment, or facility commonly known as a
commercial feed lot, or the like,which complies with all of the requirements of chapter 16.58
RCW and associated rules and which holds a valid license from the state.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. "Channel
migration zone"means the historic channel migration zone(which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area(which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
"Channel migration zone"does not include disconnected migration areas,which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
148
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
channel migration (such as levees and transportation facilities built above or constructed to
remain intact through the 100-year flood elevation),that are no longer available for migration
by the river. "Channel migration zone" may exclude areas that lie behind a lawfully
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. "High channel migration hazard" (or high risk
CMZ) for the Big Quilcene,Little Quilcene,Dosewallips,Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
"moderate channel migration hazard"(or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
"low channel migration hazard"(or low risk CMZ)means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame. For the Lower Hoh River,
"moderately high hazard" (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
"moderate hazard" means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame,and"low hazard"means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
"Clearing" means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including,but not limited to,root material or topsoil material.
"Cluster development" means a development design technique that groups or "clusters"
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
"Co-housing (intentional communities)" means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M of chapter 18.15 JCC, Planned Rural
Residential Developments (PRRDs), where applicable.
"Commercial communication towers" means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
"Commercial kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
"Commercial recreational facility" means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
"Commercial shooting facility"means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
149
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
to the public, open only to private membership, or any combination of the above that for the
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term "commercial shooting facility" does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b)Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner's guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
"Commercial sign" means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
"Commercial use"means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
"Common area"means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
"Common open space"means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
"Community structure" means a structure which is intended for the common use of the
residents of a particular subdivision or community.
"Compatible" means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
"Comprehensive Plan" means the Jefferson County Comprehensive Plan and all of its goals,
objectives, policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to chapter
36.70A RCW.
Concentrated Animal Feeding Operation (CAFO). (See "Animal feeding operation,
concentrated(CAFO).")
150
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
"Concurrency"means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
development occur. (See also "Adequate capacity (adequate capital or public facilities),"
"Available capital facilities (available capacity)," and"Level of service (LOS).")
"Conditional use" means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
"Conditional use permit"means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
"Condominium"means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with chapters 64.32 and 64.34 RCW. Condominiums are not
confined to residential units, such as apartments, but also include offices and other types of
space in commercial buildings.
"Congregate Living Facilities (nontransient)" means a building or part thereof that does not
contain more than two dwelling units, with 16 or fewer nontransient occupants, and contains
sleeping units where residents share bathroom or kitchen facilities,or both,as regulated under
310.4 Residential Group R-3, Washington State Building Code.
"Conservation district"means a"special purpose district,"like a fire district or school district,
organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to
landowners for the conservation of renewable resources.
"Construction/contractor yards and offices"means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See"Applicant.")
"Convenience store" means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
"Cottage industry" means a commercial or manufacturing activity conducted in whole or in
part in either the resident's single-family dwelling unit or in an accessory building,but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
scale commercial or industrial activity,including fabrication,with limited retail sales,that can
be conducted without substantial adverse impact on the residential character in the vicinity.
"County"means Jefferson County, Washington, its board, commissions, and departments.
151
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
"Critical aquifer recharge areas"has the same meaning as in WAC 365-190-030(3).
"Critical area buffer"means any buffer required by Chapter 18.22 JCC.
"Critical areas"has the same meaning as in WAC 365-190-030(4).
"Critical habitat" means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
"Cul-de-sac"means a road closed at one end by an area of sufficient size for turning vehicles
around.
"Current use"means the use of land or improvements at the time of permit application.
"Custom meat facility" means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
"Custom slaughtering establishment" means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx.A); Ord. 3-20 § 1 (Appx.A); Ord. 12-19 §4 (Appx. C); Ord. 14-18 §4 (Exh. B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
152
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial Ru
Forest
Agricultural Commercial, 1 1 1 Rural ConvenienceRe!
Prime and Rural DU/5 DU/10 DU/20 Village Neigh General Ba
Crossroad Crossroad Crossroad
Local and Acres Acres Acres Center Inc
Inholding
RR RR RR
Specific Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC R13
Residential Uses
Single-Family Housing
Accessory dwellings units Yes Yes Yes Yes Yes Yes No No No No
Caretaker residence (public No No No No No No No No No No
parks)
Co-housing/intentional Yes No Yes Yes Yes Yes No No No No
communities (subject to
PRRD overlay in RR districts)
Congregate Living Yes No Yes Yes Yes Yes No Yes Yes No
Facilities—nontransient
153
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial Ru
Forest
gricultural Commercial,I 1 I Rural Rc!
Prime and Ural DU/5 DU/10 DU/20 Village Convenient Neighborhood/Visitor General 13a,
Local and Acres Acres Acres enter Crossroad Crossroad Crossroad Inc
Inholding
RR RR RR
Specific Land Use AG F/RF/IF 1:5 1:10 1:20 RVC CC NC GC RB
Manufactured/mobile home No No Yes Yes Yes Yes No Yes Yes No
parks (subject to PRRD
overlay in RR districts)
Single-family residences Yes Yes Yes Yes Yes Yes No No No No
Transient rental of residence Yes Yes Yes Yes Yes Yes No No No No
or accessory dwelling unit
Duplexes (subject to meeting Yes Yes Yes Yes Yes Yes No No No No
underlying density
requirements)
Farm worker housing See JCC No No No No No No No No No
18.20.030
Multifamily Housing
154
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial u
Forest
Agricultural Commercial, 1 1 1 Rural Rey
Prime and Rural DU/5 DU/lODU/20 illageConvenienceNeighborhood/Visito General Bay
Crossroad Crossroad Crossroad
Local and Acres Acres Acres Center Ind
Inholding
RR RR RR
Specific Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC RB
Multifamily residential units No No No No No Yes No Yes Yes No
(3+ units)
Residential care facilities with No No Yes Yes Yes Yes No No Yes No
up to 5 persons
Residential care facilities with No No C C C Yes No No No No
6 to 20 persons
Nursing/convalescent/assisted No No C C C Yes No Yes Yes No
living facilities
Unnamed residential uses No No D D D D No D D No
155
Planned Rural Residential (PRRD) Amendment
18.15.485 Minimum and maximum land area—Dwelling unit cap and cluster cap.
The permissible number of dwelling units within a PRRD shall be calculated based upon the
dwelling unit density of the underlying land use district. For the purposes of this chapter,
dwelling units and accessory dwelling units are considered equivalent and may be combined
when calculating dwelling unit density of the underlying land use district, so that the yield of
permissible units is the sum of primary units plus accessory units.
(1)The minimum land area required for PRRD proposals shall be as follows:
(a)RR 1:5 district— 10 gross acres;
(b)RR 1:10 district—20 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts—40 gross acres.
(2) The maximum land area that may be included in a PRRD proposal shall be as follows:
(a) RR 1:5 district—225 gross acres;
(b)RR 1:10 district—450 gross acres; and
(c)RR 1:20 and agricultural (AP-20 and AL-20) districts—900 gross acres.
(3) The maximum number of dwelling units that may be permitted in a PRRD proposal shall
be limited to 45, contained within dwelling unit clusters of not more than 20 dwelling units
each; except,that where a density bonus is requested under JCC 18.15.520,the proposal may
include up to a total of 54 dwelling units, contained within dwelling unit clusters of not more
than 22 dwelling units each.
(4) Dwelling unit clusters within PRRD proposals shall be sufficiently separated to provide
visual relief and maintain rural character. Where feasible, clusters shall be separated by the
natural topographical features of the site, including, but not limited to, critical areas,
watercourses, and ridge lines. However, in no case shall dwelling unit clusters be located
closer than 600 lineal feet from one another. These requirements regarding separation of
dwelling unit clusters shall also be applied to circumstances where the adjoining property or
properties have previously been developed through the PRRD process as set forth in this
Article VI-M. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § I]
156
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
AIRPORT OVERLAY AMENDMENTS
Comprehensive Plan
Page 1-20
JCIA LI/M Overlay III
Page 1-83:
Exhibit/--20 will require modification to accurately depict the new geographic extent of the JC
IA L11M Overlay ///
[NOTE- SEE REQUEST CYRUS/ATWELL TO PRODUCE ANOTHER MAP WHICH
EXCISES SETON, FIRE DISTRICT AND THE PARCELS ON EITHER SIDE OF THE A.
OWEN PARCEL]
[INSERT MODIFIED/DOWNSCOPED MAP EXHIBIT HERE]
Page 1-91:
The map depicting the extent of the Jefferson County International Airport Non AviationRelated
Light Industrial/Manufacturing Rural Light Industrial Area will require modification to
accurately depict the new geographic extent of the land use designation; no amendment to the
text accompanying the map is required.
Page 6-7
First paragraph:
Ancillary uses of the facility which attracts public interest and increases use in the airport
includes businesses and organizations such as an aero museum, flight instruction school,
airplane mechanics, airplane restoration school, restaurant, and areas designated for non-
aviation-related light industrial/manufacturing development.
Page 7-20:
Second to fourth and fifth paragraphs:
Industrial sites in Jefferson County include the Port of Port Townsend, Port Townsend
Industrial Park (which has become a commercial and business park), Glen Cove, Eastview,
Quilcene Industrial Area, the Irondale/Port Hadlock UGA, the Port Townsend Paper
Company, 24 acres at a Light Industrial/Manufacturing area at the Jefferson County
International Airport, and Resource Based Industrial zoned sites.
In addition to the industrial sites described above, the light industrial manufacturing park at the
Jefferson County International Airport, also known as the Airport Light Industrial Park also
allows non- aviation related industrial and manufacturing uses. Development of the Airport
Light Industrial Park will require Binding Site Plan approval(s) and clearing and installation of
infrastructure before business operations may commence.
Unified Development Code Proposed Amendatory Language:
18.15.1110 Designated.
157
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
The Jefferson County International Airport(JCIA) is a general purpose, public aviation airport
that provides recreational, business, flight training, charter and air taxi services and other uses.
The airport essential public facility district designation (see the official Jefferson County
Comprehensive Plan land use designations map) shall apply to the following:
(1)Parcels designated as an airport essential public facility on the official Jefferson
County Comprehensive Plan land use designations map;
(2)Any parcel or parcels (a) subsequently acquired by the Port depicted on the Airport Layout
Plan(ALP)Map of the FAA-approved Airport Master Plan or(b) currently owned by the Port,
which are approved for inclusion in the airport essential public facility district through the
Jefferson County Comprehensive Plan text and land use amendment process, or any other
applicable process.
18.15.453 Airport Overlay III.
(1)Purpose. The purpose of the Airport Overlay III is to provide a limited opportunity for rural
scale non- aviation-related industrial uses that contribute to the long-term financial viability
of the AEPF and to enhance the economic vitality and quality of life for the citizens of
Jefferson County.
(2) Overlay Map. Jefferson County will prepare and maintain an Airport Overlay III map that
identifies the parcels located within the overlay.
(3)Other Regulations. Any parcel considered part of the JCIA-III overlay is still subject to the
FAA established Building Restriction Line and all applicable regulations.
158
RED LINE VERSION
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Approving Amendments to
the County's Comprehensive Plan; and ORDINANCE NO.
Amendments to Title 18 JCC, Title 15 JCC
and Title 13 JCC
WHEREAS, the Board of Jefferson County Commissioners ("BOCC"), as required by
the Growth Management Act ("GMA"), chapter 36.70A Revised Code of Washington
("RCW"),annually creates and implements a process by which citizens and entities can propose
amendments to the Jefferson County's Comprehensive Plan (2018) ("Comprehensive Plan")
and title 18 of the Jefferson County Code ("JCC") also known as the Unified Development
Code ("UDC"), the Comprehensive Plan having been originally adopted via Resolution No.
72-98 on August 28, 1998 and as subsequently amended, and the UDC, adopted by Ordinance
No. 11-1218-00, effective January 16, 2001, and as subsequently amended; and
WHEREAS, RCW 36.70A.130(2)(a) requires Jefferson County to allow interested
persons to suggest amendments to the Comprehensive Plan or its development regulations
(RCW 36.70A.470(2)) during annual amendment cycles; and
WHEREAS, RCW 36.70A.130(2)(a), codified in JCC 18.45.010(1), requires that
revisions of the comprehensive plan are considered together,generally no more frequently than
once every year; and
WHEREAS,the UDC contains a process for annual amendments in chapter 18.45 JCC;
and
WHEREAS, as mandated by the GMA, the BoCC has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan that composed the 2024
Comprehensive Plan Amendment Docket("the Docket"); and
WHEREAS,by the annual submittal deadline of March 1,2024,the preliminary docket
for the 2024 Comprehensive Plan and UDC amendment cycle was established for site-specific
and suggested amendments, consisting of five suggested amendment proposals: amendments
in titles 18, 15, and 13 JCC to coordinate implementation of sewer with Irondale and Port
Hadlock Urban Growth Area("UGA") development; Port Townsend UGA boundary revision
proposal; Planning Commission UDC amendment proposals for additional rural housing
opportunities; DCD-sponsored suggested text amendments to address code housekeeping; and
the Port of Port Townsend proposal to review Jefferson County Airport Essential Public
Facility ("AEPF"), and expand Airport Overlay III; and
WHEREAS, the Planning Commission re-submitted housing proposals for a series of
rural housing amendments, carried forward from 2023, and was timely re-submitted March 1,
2024; and
1
WHEREAS, the County timely submitted proposals for UDC amendments March 1,
2024 for amendments to the titles 18, 15, and 13 JCC necessary to implement regulations in
concert with development of sewer code and housing projects dependent on sewer; and
WHEREAS, the County timely submitted on March 1, 2024, a UDC Housekeeping
suggested amendment proposal to address minor UDC housekeeping amendments to be
brought forward during the 2024 amendment cycle; and
WHEREAS, Jefferson County timely submitted a proposal to expand the Port
Townsend UGA boundary to include publicly-owned parcels for public purpose use, including
the Caswell-Brown Village(CBV) for housing services; and
WHEREAS, on April 9, 2024, the Jefferson County Department of Community
Development ("Community Development") decided to add to the 2024 annual amendment
cycle, a Port of Port Townsend proposal to review possible expansion of Airport Overlay III,
responding to emergency timing so work can proceed with light industrial proponents on a new
location for operations, as well as substantive design on the light industrial park on the existing
JCIA III overlay (APN 001331005), with the application being received August 1, 2024; and
WHEREAS, the Jefferson County Planning Commission ("Planning Commission")
reviewed the 2024 preliminary docket proposals in their regular meetings on March 20, 2024,
and April 17, 2024; and
WHEREAS, on March 15, 2024, Community Development prepared a formal
Preliminary Docket of proposed amendments per JCC 18.45.050; and
WHEREAS,on March 20,2024,Community Development transmitted the Department
of Community Development report on the 2024 amendment proposals received; and
WHEREAS, on April 17, 2024, Community Development presented the Preliminary
Docket to the Planning Commission and briefed them on the annual Comprehensive Plan
Amendment cycle and the docket process; and
WHEREAS, on April 25,2024, Community Development distributed the"Department
of Community Development's Review and Recommendation for the 2024 Comprehensive Plan
Amendment Cycle Final Docket" to the BoCC, the Planning Commission, and the general
public, including a recommendation that the DCD proposal for a UDC housekeeping
amendment be removed from the work in 2024, in light of the added Port of Port Townsend
proposal and 2025 Periodic Update work also underway, providing another opportunity to
update UDC items; and
WHEREAS, on May 1, 2024, the Planning Commission held a public hearing on the
preliminary docket regarding which proposals should be on the 2024 amendment cycle final
docket; and
WHEREAS, on May 1, 2024, the Planning Commission deliberated on the 2024
amendment proposals and recommended that the BoCC place all proposals, not including a
UDC housekeeping proposal, on the Final Docket by a vote 7-0-1; and
2
RED LINE VERSION
WHEREAS, on May 2, 2024,the Planning Commission transmitted"Jefferson County
Planning Commission's Report and Recommendations for the 2024 Comprehensive Plan
Amendment Final Docket"to the BoCC; and
WHEREAS, on May 13, 2024, the BoCC adopted the recommendation brought
forward by Community Development and Planning Commission, without amendment and
thereby setting the final docket as the same without public hearing pursuant to JCC
18.45.060(4)(a); and
WHEREAS, due to scheduling issues with the regularly-scheduled Planning
Commission meetings in August, the County cancelled the August 7 and August 21 regular
meetings and held a Special Meeting on August 14,2024 to review Community Development's
draft analysis of the 2024 amendment docket; and
WHEREAS, on September 4, 2024, Community Development published a combined
Notice of Intent to Amend the CP and UDC, a 60-Day Notice to the Washington Department
of Commerce, notice of comment period and September 18, 2024 hearing date with the
Planning commission, and publication notice of the 2024 Comprehensive Plan Amendment
Docket, Combined Staff Report and SEPA Addendum, an integrated Growth Management Act
and State Environmental Policy Act(SEPA) document; and
WHEREAS, the integrated staff report analyzes the proposals on the Final Docket,
offers preliminary recommendations for each amendment proposed, and provides a SEPA
analysis; and
WHEREAS, at the September 4,2024 regular Planning Commission meeting, a review
of the Staff analysis and report was made by the Planning Commission and public; and
WHEREAS, on September 18, 2024, the Planning Commission held a duly noticed
public hearing to receive testimony on the merits of the 2024 amendment proposals; and
WHEREAS, on September 18, 2024, the Planning Commission deliberated on the
testimony and record for the amendment proposals and recommended approval of each
suggested amendment; and
WHEREAS, on October 10, 2024, Community Development submitted the 2024
Supplemental Staff Report ("October 10 Supplemental Staff Report") and SEPA Addendum,
and a Notice of Intent to Adopt Amendment to the Washington Department of Commerce; and
WHEREAS, the supplemental staff report provides additional analysis to the Port
Townsend UGA boundary expansion and the AEPF/Airport Overlay III proposals; and
WHEREAS, at the October 16, 2024 regular Planning Commission meeting and upon
consideration of the October 10 Supplemental Staff Report, the Planning Commission
confirmed consistency between the proposal as described in the October 10 Supplemental Staff
Report and the Planning Commission's recommendation on the Docket from the September
18, 2024 Planning Commission meeting; and
3
WHEREAS, on November 6, 2024, the Planning Commission transmitted their Report
and Recommendation for the Final 2024 Comprehensive Plan Amendment Docket to
Community Development; and
WHEREAS, on November 18, 2024, the BoCC held a workshop with Community
Development to discuss the amendment docket and consider the Planning Commission's
recommendation, and
WHEREAS, on November 18, 2024,the BoCC chose to hold their own hearing on the
amendments, as recommended by the Planning Commission; and
WHEREAS,the BoCC held their own hearing on December 9,2024 and after applying
the required growth factors and findings, the BoCC accepted the Planning Commission's
recommendation to approve all of the forwarded 2024 amendment proposals; and
WHEREAS, the 2024 amendment proposals have gone through the complete public
participation process required by the Growth Management Act ("GMA") and JCC 18.45.090;
and
WHEREAS, all amendments are found to be compliant with GMA and JCC; and
WHEREAS, for all amendment proposals considered in the 2024 Final Docket, the
BoCC finds the 2024 amendments serve to benefit the health, welfare, safety, and lifestyle of
the residents of Jefferson County; and
WHEREAS, the BoCC finds that the 2024 Docket amendments as summarized in
Attachment 1 referenced hereto and thereby incorporated in this ordinance, and reflected in
Appendices A, B, C, and D, are consistent with the Countywide Planning Policies and
consistent with the Growth Management Act; and
WHEREAS, JCC 18.45.080(2)(c) requires that BoCC analyze the 2024 amendments
and make the following findings on the full and complete record:
Growth Management Indicators, JCC 18.45.050(4)(b)(i)through (4)(b)(vii):
(i) Whether growth and development as envisioned in the Comprehensive Plan is
occurring faster or slower than anticipated, or is failing to materialize;
WHEREAS,the BoCC finds that the growth rate is consistent with the Comprehensive
Plan. The unadjusted population growth rate over the last year was approximately 0.80%,
somewhat slower than the previous year, when the state's population grew by 1.1%. The 2024
population estimate for Jefferson County is 33,700, a net increase of 723 people since 2020.
Migration is the driving factor in Jefferson County population; and
(ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
4
RED LINE VERSION
WHEREAS, the BoCC finds the number of service providers in the County has not
decreased and the County continues to be equipped to provide the same levels of service
available at the time of Comprehensive Plan adoption. The County has adopted GMA-
compliant plans to provide the Irondale and Port Hadlock Urban Growth Area ("PHUGA")
with urban services, specifically sanitary sewer service and stormwater management.
Construction of the Port Hadlock Wastewater Facility has begun, with service connections
anticipated in Summer of 2025, and will enable planned densities within the UGA to come to
fruition; and
(iii) Whether sufficient urban land is designated and zoned to meet projected demand
and need,-
WHEREAS, the BoCC finds that there is sufficient urban land designated to meet
projected demand. For the unincorporated Irondale and Port Hadlock UGA, an analysis of
vacant lands within the proposed UGA and a build-out analysis were updated in 2018.
(Comprehensive Plan, Appendix E) This analysis evaluated developable lands and the ability
to accommodate the allocated population. The UGA has sufficient capacity to accommodate
the projected 2038 population of 5,394 people with an estimated growth rate of 1.48%. With a
theoretical carrying capacity of over 30,000 people, the Port Townsend UGA also appears to
be adequately sized to accommodate anticipated future urban growth. However, following
analysis,the City of Port Townsend has informed Jefferson County via an email message dated
August 22, 2024 that there are no suitable sites within the existing Port Townsend UGA to
accommodate continuum-of-care special purpose housing. The City of Port Townsend
provided a letter with supplemental findings dated November 18, 2024, supporting the limited
expansion of the Port Townsend UGA. The City of Port Townsend will finalize an assessment
of available land in the Port Townsend UGA during the 2025 Periodic Update; and
(iv) Whether any of the assumptions upon which the plan is based are no longer found
to be valid,-
WHEREAS, the BoCC finds that since the periodic review and adoption of the
Comprehensive Plan in 2018, the majority of assumptions made as part of the Plan continue to
be valid. Amendments to GMA and other laws made by the State Legislature and precedent-
setting decisions made by the Growth Management Hearings Boards will be under
consideration during the 2025 Periodic Update; and
(v) Whether changes in county-wide attitudes necessitate amendments to the goals of
the plan and the basic values embodied within the Comprehensive Plan Vision Statement,-
WHEREAS, the BoCC finds that the Comprehensive Plan reflects, to the extent
possible, countywide attitudes about the future growth and management of the county. The
Comprehensive Plan was last updated in 2018. Updating the Comprehensive Plan in 2025 will
include an opportunity to reassess countywide attitudes.Between Comprehensive Plan updates,
countywide attitudes can best be inferred through local election results,perspectives expressed
by public representatives such as the Planning Commission, and comments received during
public comment periods; and
5
(vi) Whether changes in circumstances dictate a need for amendments;
WHEREAS, the BoCC finds that changing circumstances since adoption of the 2018
Comprehensive Plan include the Covid Pandemic, growing issues surrounding affordable
housing, and climate change. Jefferson County adopted development regulations outlining a
process for establishing legal lots of record, as well as regulations for siting and management
of temporary housing facilities. Additional analysis and recommendations for amendments to
meet emerging circumstances will be considered in the Comprehensive Plan periodic update;
and
(vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or
the Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
WHEREAS, the BoCC finds that the Comprehensive Plan is consistent with both the
Growth Management Act and the Countywide Planning Policy with regard to rural land use
districts and resource overlays. The UDC is found to be consistent with the 2018
Comprehensive Plan; and
Required Findings, JCC 18.45.080(1)(b)(i-iii):
(i) Whether circumstances related to the proposed amendments andlor the area in which
they are located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan.
WHEREAS, the BoCC finds that generally, the circumstances and planning
assumptions have not changed since the 2018 Comprehensive Plan Periodic Review. New
circumstances became present when emergency ordinances were initiated in response to the
Covid pandemic,creating urgency for regulations to allow temporary housing facilities.County
work now turns toward workforce housing and to address housing affordability; and
(ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is
based are no longer valid, or whether new information is available which was not considered
during the adoption processor any annual amendments of the Jefferson County Comprehensive
Plan.
WHEREAS, the BoCC finds that there is no indication that assumptions upon which
the Comp Plan is based are no longer valid. The Comprehensive Plan documents goals and
policies that support the amendment proposals; and
(iii)Whether the proposed amendment reflects current widely held values of the
residents of Jefferson County.
WHEREAS, the BoCC finds the Comprehensive Plan is intended to reflect, to the
extent possible, countywide attitudes about the future growth and management of the county.
The 2018 Comprehensive Plan update provides a relatively recent opportunity to reassess
countywide attitudes.The amendments are consistent with the Comprehensive Plan. Regarding
housing, the BoCC finds there are a large number of organizations and a significant amount of
6
RED LINE VERSION
County resources dedicated to addressing housing. The proposed amendments reflect a widely
held value of the County' s residents; and
WHEREAS,adopting Ordinance is required to formalize the BoCC's legislative action,
and;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, STATE OF WASHINGTON,AS FOLLOWS:
Section 1. Findings of Fact. the BoCC adopts the recitals above ("WHEREAS clauses"), the
Planning Commission findings, and Community Development findings as their own findings
of fact for this ordinance.
Section 2. Purpose. The purpose of this ordinance is to complete the 2024 Comprehensive Plan
Cycle pursuant to chapter 18.45 JCC.
Section 3. UDC Proposals Adopted. UDC proposals are adopted as the shown in Appendix A,
Exhibits 1-6.
Section 4. Port Townsend UGA Boundary Amendment. Port Townsend UGA expansion
proposal to include public purpose land and Caswell-Brown Village is adopted as shown in
Appendix B.
Section 5. UDC Amendments Regarding Rural Housing Proposals. UDC amendments
regarding rural housing proposals are adopted as shown in Appendix C, Exhibits 1-4.
Section 6. Comprehensive Plan Amendment. Comprehensive Plan is amended to reflect text
changes to Airport Overlay III as shown in Appendix D,Exhibit 1.
Section 7. Airport Overlay III amendments to the Chapter 18.15 JCC. Airport Overlay III
amendments to the chapter 18.15 JCC is adopted as shown in Appendix D,Exhibit 1.
Section 8. Map in Appendix D, Exhibit lAdopted and Incorporated by Reference. The Map
included in Appendix D, Exhibit 1 is-incorporated hereto by reference with this ordinance
showing Land Use Map expansion of the adopted Airport Overlay III extent is hereby adopted.
Section 9. Severability. If any section of the ordinance is deemed either non-compliant or
invalid pursuant to the Growth Management Act, such a finding of non-compliance or
invalidity shall not nullify or invalidate any other section of this ordinance.
Section 10. SEPA Compliance. A table showing SEPA compliance steps is below.
Year State Environmental Policy Act Document Description
1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS)and
addenda prepared in anticipation of adoption of the Comprehensive Plan in
7
1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998,
respectively, and examined the potential cumulative environmental impacts of
adopting alternative versions of the Comprehensive Plan.
613011999 Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments
(Task III of Tri-Area/Glen Cove Special Study)
811811999 Final Supplemental Environmental Impact Statement. Jefferson County
Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study
Task IV.
611112001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision
Document,June 11, 2001.
2002 Integrated Growth Management Act/State Environmental Policy Act Document
Environmental Review of a Non-Project Action: Draft Supplemental EIS August
21, 2002,to Supplement the Comprehensive Plan Draft and Final EIS (1997)
and Comprehensive Plan 1999 Amendments Draft and Final SEIS. November
25, 2002 Integrated FSEIS 2002 Amendment Docket.
This FSEIS was appealed before the Western Washington Growth Management
Hearings Board(WWGMHB)of which the WWGMHB issued a Final Decision
and Order(FDO) and remanded it back to the Department for additional
environmental review.
The county hired Wheeler Consulting,to prepare additional environmental
review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on
March 3,2004. A FSEIS to the 2002 CPA SEIS was issued on May 12,2004
as part of the review and in consideration of MLA02-00235.
2003 Staff Recommendation and Environmental Analysis with Regard to the
Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson
County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003
SEPA Addendum for Suggested Amendments.
2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to
the Comprehensive Plan issued May 19, 2004.
2004 2004 Comprehensive Plan Amendment Docket Department of Community
Development Integrated Staff Report and SEPA Addendum issued September
22, 2004.
2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporated
by reference: 1998 DEIS/FEIS and 2004 Addendum.
2006 Integrated GMA/SEPA Addendum Staff Rpt.,July 19, 2006.
8
RED LINE VERSION
2007 SEPA Addendum,adopting by reference 2004 Staff Report and SEPA
Addendum for UGA Amendments to the Comprehensive Plan issued May 19,
2004 and 2004 Comprehensive Plan Amendment Docket Department of
Community Development Integrated Staff Report and SEPA Addendum issued
September 22, 2004.
2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted
by reference: 1998 DEIS/FEIS, and environmental documents from 2004, 2005,
2006, and 2007 environmental review.
2009 Port Hadlock UGA Sewer Facility Plan(2008) ("Sewer Plan") incorporated into
the County's Comprehensive Plan Capital Facilities Element("CFE")to comply
with the Growth Board's decision finding noncompliance with the County's
Urban Growth Area("UGA") and GMA capital facilities planning. Ordinance
No. 03-0323-09 (Re: MLA09-00024, UGA Final Compliance Action).
2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted
by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005,
2006, 2007, 2008, "and all supplementary information...supporting record,
analyses,materials."
2010 Integrated GMA/SEPA Addendum Staff Report, September 2010.
2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted
by reference all previous SEPA documents.
2015 Staff Report& SEPA Environmental Review, Proposal to Amend Unified
Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated
Growth Management Act/State Environmental Policy Act Analysis,
Environmental Review of a Non-Project Action.
2018 Jefferson County Comprehensive Plan Update 2018 SEPA Addendum to 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact
Statements and subsequent Supplemental EISs and Addenda. April 4, 2018.
2021 SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting
SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement("Final EIS"), May 27,
1998 and associated SEPA documents. These SEPA documents were adopted
and the additional information was determined not to involve significant new
impacts. A Determination of Significance and Notice of Adoption was published
on February 28, 2021.
2021 Port Hadlock UGA Sewer Facili , P� lan Update and Appendices(Feb. 2021).
The revisions to the Sewer Plan mostly related to funding, engineering
specifications low pressure system with grinders), and minor modifications to
9
the core service area. The revisions allowed the County to implement sewering
the core service area within six years. A Comprehensive Plan Amendment
(MLA20-00102)was adopted for the updated Sewer Plan in Ordinance No. 01-
0426-21, when the 2020 Comprehensive Plan Docket was approved. Ordinance
No. 01-0426-21 included a SEPA review through a staff issued Addendum to
the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental
Impact Statements ("EIS")and subsequent Supplement EISs, and a SEPA
Checklist and Addendum that addressed the 2020 Docket items, including the
proposed revisions to the Comprehensive Plan.
2022 Staff Report& SEPA Environmental Review to establish regulations for the
siting, establishment,and operation of temporary housing facilities for unhoused
people needing emergency housing services. Proposal to Amend Unified
Development Code chapter 18.20 JCC Performance& Use-Specific Standards,
chapter 18.10 JCC Definitions. Integrated Growth Management Act/State
Environmental Policy Act Addendum. April 20, 2022.
2022 Staff Report&Environmental Review, Proposal to Amend Unified
Development Code (UDC)Jefferson County Code (JCC) 18.12: `Legal Lot of
Record Determination and Lot Consolidation' and Amendments to chapters
18.10 and 18.35 JCC. Integrated Growth Management Act(GMA)/State
Environmental Policy Act(SEPA)Addendum. August 24, 2022.
2023 2023 Comprehensive Plan Amendment Docket, Staff Report and SEPA
Addendum. Integrated Growth Management Act/State Environmental Policy
Act Document, Environmental Review of a Non-Project Action: Addendum to
Existing Environmental Documents. October 11, 2023.
An agency may use previously prepared environmental documents to evaluate proposed
actions, alternatives, or environmental impacts. The proposals may be the same as or different
than those analyzed in the existing documents (WAC 197-11-600(2)). This ordinance is within
the scope of the previously prepared environmental documents.
Section 11. Effective Date: Except as provided in(a) of this section,this ordinance shall take
effect immediately upon adoption.
(a) Port Townsend UGA boundary amendment as adopted in Appendix B shall take
effect 60 days after the date of publication notice of adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
10
RED LINF VERSION
APPROVED and ADOPTED this day of 2024.
SEAL: JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
11
ATTACHMENT 1--Summary of Title 18 JCC 2024 Amendments
UDC Amendment Proposals for 2024 Annual Amendment
Cycle
Item Code Section Description
Appendix A— Ch. 18.19 JCC Adds specificity on application of urban
Exhibit 1 standards and transitional standards by
referring to official maps and reference to
sewer code in Title 13 JCC; outlines
conditions and process for development of on-
site septic system; and when sewer connection
is required.
Appendix A— Ch. 18.35 JCC New unit lot subdivision code.
Exhibit 2
Appendix A— Ch. 18.10 JCC Definitions for"emergency housing",
Exhibit 3 "emergency shelter", "permanent supportive
housing", "townhouse", "transitional
housing", "unit lot subdivision", and"zero lot
line".
Appendix A— Ch. 18.18 JCC Updates CP references, adds multifamily
Exhibit 4 housing uses, setback amendment, sewer
phasing language, Administrator discretion
with parking standards.
Appendix A— Title 13 JCC Amendments for consistency with chapter
Exhibit 5 18.18 JCC, when connection is required.
Appendix A— JC 15.05.047 Adds new section for automatic fire-
Exhibit 6 extinguishing systems, when required.
Appendix C— JCC 18.10.060 Updates definition of"Family"
Exhibit 1
Appendix C— Chapter 18.10 New definition "Congregate Living Facilities
Exhibit 2 JCC. (nontransient)"
Appendix C— JCC 18.15.040 Adds congregate living facilities to use table
Exhibit 3 3-1.
Appendix C— JCC 18.15.485 Clarifies calculation of dwelling unit density
Exhibit 4 to add accessory dwelling unit yield.
Appendix D— CP and Ch. 18.15 Adds new and updated language for expanded
Exhibit 1 JCC Airport Overlay III.
12
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE RED LINE VERSION
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
Appendices: UDC Amendments
Chapter 18.19
TRANSITIONAL RURAL DEVELOPMENT STANDARDS OF THE IRONDALE
AND IPORT HADLOCK URBAN GROWTH AREA'
Sections:
18.19.100 Purpose.
18.19.110 Applicability.
18.19.120 Interim on-site septic systems.
18.19.130 Rural development standards.
18.19.140 Mini-storage facilities prohibited.
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under Chapter-chapter 18.18 JCC in the
Phase 1 area prior to initial startup of the PHUGA sewer system.
18.19.100 Purpose.
The purpose of this chapter is to provide clarity to which zoning designation and development
standards are applied during the transitional period of providing sewer facilities to the Irondale
and Port Hadlock Urban Growth Area PHUGA . Sewer service availability is the
determinative factor of whether urban development standards or transitional rural
development standards will apply. [Ord. 9-09 § 2 (Exh. B)]
18.19.110 Applicability.
(LEffective as of March 23. 2009, the effective date of adoption of Ordinance No. 03-
0323-09, Mareh 2-3-, 2899;Jefferson County shall wi44 apply transitional rural zoning
in the Irondale and/Port Hadlock Urban Growth Area for parcels that do not yet have
sewer available. The transitional rural zoning is depicted on the map Irondale and Port
Hadlock UGA Transitional Rural Zoning, found in the UGA Element, Figue 2-
4-aExhibit 1-21, Jefferson County Comprehensive Plan(2018).
(2) Jefferson Cognly maintains a Geographic Information Systems(GIS) database, which
is updated periodically. Official Mans are update d by the department of community
development and filed with the Jefferson Cognly Auditor's Office, as required by JCC
18.05.100.No later than 30 days after the department of community development files
any update of the Official Mans with the Jefferson Coup Auditor's Office, the
director shall cause the Official Mans to be update d in the GIS database.
{�(3) The allowable uses are specified in Chapter-chapter 18.15 JCC and JCC
18.15.40, Table 3-1 or in JCC 18.18.040, Table 3A-1. {Ord 9$9*2( B*
18.19.120 Interim on-site septic systems.
(11(4 If the proposed use or major modification is located within the Irondale and Port
Hadlock Urban Growth Area where sewers are not available as described in title 13
JCC, outside of a phased sewer sen4ee area where sewers are a ailable, then
13
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
transitional rural development standards in this chapter apply. For M nNew
development or redevelopment where sewers are not available as described in title 13
JCC,using an existing(as of date of adeptien of ChapteF 18.18 3CC4 appFeved on site
of system may be allowed; provided that no expansion of the
eapaeity of on site system is needed to serve the ,and provided that the
publie seweF system is net yet available to the pl=epeFt3,as defined in subseetien(4)of
this section. Tthe property owner shall install must eens4uet an on-site septic system
consistent with the requirements of Chapterchapter 8.15 JCC. For system within ;
development within identified critical aquifer recharge areas, as identified in Article
III of Chapterchapter 18.22 JCC, the propegy owner and shall satisfy all of also meet
the requirements of JCC 18.30.180, Son-site sewage disposal best management
practices in critical aquifer recharge areas.
(1)(2) Conditions to Interim On-Site Septic Systems and Connection to Future Sewer
Service. If an on-site sewageseptie system is proposed for placement in the Irondale
and Port Hadlock Urban Growth Area planned and adopted 20 yes sewer service area
for interim use prior to sewer availability, the roe owner shall sign an agreement
with the o ep rator of the Port Hadlock UGA sewer utili see JCC 13.01.070)agreeing
that the propegy shall be connected to the PHUGA sewer s_ sy tem eeunty shall• issue
any approval for the septic system with a eendition that it he deeommissi and the
pFepeFty eenneeted to the sewer system within one year of sewer availability as
described in JCC 18.18.060(4)(a) and JCC 13.04.010. Concurrently with the
connection of the roe to the PHUGA sewers stem,but no later than 90 days after
connection of the propegy to the PHUGA sewersystem, the on-site sewage system
shall be decommissioned in accordance with WAC 246-272A-0300.;defined as when
the sewer eK4ensien is within 2-W feet of the elesest property Tine:St" on site septic
systems shall be professional ly
situ designed, installed monitored and maintained
aeeOFding to the following^r'��
(a) Meeting the requirements of the jeffer-sen County health department,Washington
State Department of Health,, of Washington State Department of €eeleg3; as
appropriate;.
(b)Consider advaneed forms of pFieF to discharge into the seih
(e) Genside pretreatment devices to Fe€ine high strength eemmeFeial
wastes pFieF to soil tr-e n and disposal.
(d)Disinfeetion prier to disposal into more sensitive .
(2) (e) System maintenance and by eeFti€ed professionals undeF a program
managed by the Tyson County health department The agreement shall be recorded
with the Jefferson Coup Auditor' Office.
(3) (-3)No Protest Agreement. In addition, as a condition of development approval and for
all property owned by the same owner in a local improvement district(LID),the owner
shall sign an agreement not to protest a future LID or other pro rata sharing of costs to
construct and extend public sewer to the property within the next 20 years, as part of
the urban level of service phasing plan in the capital facilities plan for the PHUGA.
(4) (4)Interpretations. Within this section, "new development" and"major modification"
means any development that requires wastewater/sanitary sewer provisions which
cannot be met with an existing system. Nothing in this seetien shall be eenstmed as
14
Jefferson County Code RED LINE VERSION
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
prehibiting the plaeement of an on site septie system in the i r�unless the prepefty
is iee-ated within 200 feet of an e*isting sewer ser-viee area whie has Eapaeil�, to
aeeommod the Pad developmein {Ord:9-09§2 f£�r. B*
18.19.130 Rural development standards.
For rural development allowed in this chapter, development shall be consistent with the
following Uniform Development Code chapters:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts (except as
specified in JCC 18.19.140)
18.20 Performance and Use-Specific
Standards
18.22 Critical Areas
18.25 Shoreline Master Program
18.30 Development Standards
18.35 Land Divisions
18.40 Permit Application and Review
Procedures/SEPA Implementation
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (Appx. B); Ord. 9-09 § 2 (Exh. B)]
18.19.140 Mini-storage facilities prohibited.
(1)Mini-storage facilities shall not be allowed in rural commercial areas within UGA planning
area, except as allowed below. Mini-storage facilities are not allowed in order to prevent land
uses in those rural commercial areas which are, by their nature, inconsistent with the goals of
the future UGA that are to promote employment, affordable housing, retail choices, better
water management, public health, and environmental protection that are made possible by
developing urban sewer service. For the purposes of this chapter, Table 3-1, JCC 18.15.040,
allowable and prohibited uses for mini-storage facilities shall be as follows, to show that
whereas they may be allowed in other similarly-designated rural commercial areas in the
county, mini-storage facilities are not allowed in the rural commercial areas found within the
planning area for the Irondale and Hadlock UGA:
15
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL,
DEVELOPMENT STANDARDS OF THE
IRONDALE AND PORT HADLOCK URBAN
GROWTH AREA
Resource Rural Publi UG
Lands Residential Rural Commercial Rural Industrial c A
Iron
dale
Forest and
Ru Parks Port
Agricu — 1 Reso Light 1 1 ral Light ,
ltural Comm D Conve Gene urce- Light Indu Heav Had
DU DU Vill Neighborho Industrial/Ma Prese lock
— ercial, U/ nience ral Base IndustriaVC stria)
/10 /20 age od/Visitor nufacturing Y rves
Prime Rural 5 Crossr Cross d ommercial (Glen Indu
and and Ac Ac Ac Ce oad Crossroad road Indu (Glen Cove) Cove (Quilcene and strial and Urb
Local Inhold res res res me strial Eastview) Recre an
r ) ation Gro
ing wth
Are
a
Spe
cific
Lan R RR RR
d CF/RF R 1:1 1:2 RV UG
Use AG /IF 1:5 0 0 C CC NC GC RBI LI/C LI LI/M HI PPR A
Min No No No No No No No No No No No No No No No See
i- Cha
stor pter
age 18.1
facil 8
ities JCC
16
Appendix A,Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL RED LINE VERSION
DEVELOPMENT STANDARDS OF THE
IRONDALE AND MORT HADLOCK URBAN
GROWTH AREA
(2) Exception. Expansion of existing mini-storage facilities may be allowed if:
(a) They are consistent with the requirements of this title including Table 3-1 found at
JCC 18.15.040.
(b) Mini-storage infill may only be allowed on parcels that contain the existing mini-
storage.
(c) Boundary line adjustments are not allowed to increase the size of the existing parcel
to accommodate expansions of mini-storage proposals.
(d) This exception applies only to lands containing existing mini-storage as they exist on
the effective date of this control. [Ord. 9-09 § 2 (Exh. B)]
18.19.150 Submittal of development and land use applications for approval of urban
development with sewer connection under Chapterchaj ter 18.18 JCC in the Phase 1
area prior to initial startup of the PHUGA sewer system.
(1)Prior to availability of the Port Hadlock urban growth area sewer system("PHUGA sewer
system"),the director may,in their sole discretion,accept any application for processing under
Jr�e title 15 JCC or this title in which the applicant desires connection to or anticipates
a requirement to connect to the PHUGA sewer system, under the following circumstances:
(a)The director of public works confirms that the applicant's proposal will be eligible for
connection, or will be required to connect, to the PHUGA sewer system when the sewer
becomes operational;
(b) The applicant's project is consistent with the urban growth area planning designation
for the Port Hadlock UGA contained in the Comprehensive Plan and implementing
development regulations in Chapterchapter 18.18 JCC, which will be in effect when the
sewer system is operational and available to the property; and
(c) The applicant agrees to assume the risk of starting project permitting prior to the date
at which the PHUGA sewer system is fully operational and available to applicant's
property, and agrees to a tolling of the time periods otherwise required by this title that
may be exceeded as a result of the following possible delays:
(i) The time necessary to complete installation of the sewer system connection to the
applicant's property; and
(ii) The time necessary for the sewer system to be declared operational.
(2)Authorization to submit a development application shall be conditioned on the following
requirements:
(a) The applicant signs an acknowledgement that:
17
Appendix A,Exhibit 1
Jefferson County Code
Chapter 18.19 TRANSITIONAL RURAL
DEVELOPMENT STANDARDS OF THE
IRONDALE AND/PORT HADLOCK URBAN
GROWTH AREA
(i) Installation of the sewer system in the Port Hadlock UGA is a major public works
project for which schedule delays are foreseeable, despite best efforts;
(ii) Commencement of construction will not be granted for any project reviewed
pursuant to this section until the director of the department of public works provides
an authorization stating that the county has executed a contract for construction of the
pressure sewer to the applicant's property and providing a projected timeline for
completion of the sewer connection; and
(iii) A certificate of occupancy will not be issued for any project reviewed pursuant
to this section until the sewer connection to the applicant's property is completed and
the PHUGA sewer system is declared operational by the department of public works;
(b) The applicant signs a document containing the following provisions:
(i) An agreement of assumption of risk and waiver of any damages resulting from a
delay in commencement of construction or receipt of a certificate of occupancy as
required by subsection (2)(a) of this section; and
(ii)An agreement any time period set in this title, including but not limited to the 120-
day time period and JCC 18.40.300, will be tolled during the following possible
delays:
(A) The time necessary to complete installation of the sewer system connection to
the applicant's property; and
(B) The time necessary for the sewer system to be declared operational.
(3) No application submitted pursuant to this section will vest pursuant to JCC 18.40.320, if
vesting is authorized by state law to that type of application,until the development regulations
contained in Chapterchapter 18.18 JCC are in effect on the land and a fully complete
application is on file with DCD. [Ord. I 1-23 § 8 (Att. A)]
I Note: When sewer service is available, refer to Chapter--chapter 18.18 JCC. Effective as of the date
of adoption of Ordinance No. 03-0323-09, March 23, 2009, Jefferson County will apply urban
standards to parcels where sewer is available.The applicable map for Irondale and Port Hadlock UGA
Zoning is found in the UGA Element, Exhibit 1-22I a 2-4, Jefferson County Comprehensive Plan
2( 018) and the applicable density standards and development requirements when sewer is available
are found in Chapterchapter 18.18 JCC.
18
Appendix A,Exhibit 2
Jefferson County Code RED LINF VERSION
Chapter 18.35 LAND DIVISIONS
Chapter 18.35
LAND DIVISIONS
Sections:
Article I. General Provisions
18.35.010 General authority.
18.35.020 Purpose.
18.35.030 Applicability.
18.35.040 Exemptions.
18.35.050 Violations—Penalties.
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
18.35.070 Application submittal and contents.
18.35.080 Review process and criteria.
Article III. Short Subdivisions
18.35.090 Scope.
18.35.100 Application submittal and contents.
18.35.110 Preliminary short plat preparation.
18.35.120 Preliminary short plat contents.
18.35.130 Short plat approval criteria.
18.35.140 . Short plat review process.
18.35.150 Modifications to an approved preliminary short plat.
18.35.160 Surety.
18.35.170 Director of the department of public works certificate of improvements.
18.35.180 Final short plat requirements.
18.35.190 Accompanying documents—Final short plat.
18.35.200 Final short plat approval.
18.35.210 Time limitation on final short plat submittal.
18.35.220 Effect of an approved final short plat—Valid land use.
18.35.230 Distribution of copies and filing of final short plat.
18.35.240 Transfer of ownership following short plat approval.
18.35.250 Building and occupancy permits—Issuance after final short plat approval.
18.35.260 Accumulative short plats.
Article IV. Long Subdivisions
18.35.270 Scope.
18.35.280 Application submittal and contents.
18.35.290 Preliminary plat—Preparation.
18.35.300 Preliminary plat—Contents.
18.35.310 Approval criteria.
19
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.320 Preliminary long plat review process.
18.35.330 Preliminary plat approval—Phased development.
18.35.340 Modifications to an approved preliminary plat.
18.35.350 Surety.
18.35.360 Director of public works certificate of improvements.
18.35.370 Preparation of a final long plat.
18.35.380 Accompanying documents—Final long plat.
18.35.390 Final long plat application.
18.35.400 Time limitation on final long plat submittal.
18.35.410 Effect of an approved final long plat—Valid land use.
18.35.420 Distribution of copies and filing of final long plat.
18.35.430 Transfer of ownership following final long plat approval.
18.35.440 Building and occupancy permits—Issuance after final long plat approval.
Article V. Binding Site Plans
18.35.450 Purpose.
18.35.460 Scope.
18.35.470 Condominiums.
18.35.480 Application submittal and contents.
18.35.490 Binding site plan approval criteria.
18.35.500 Binding site plan review process.
18.35.510 Binding site plan development standards.
18.35.520 Modifications and vacations.
18.35.530 Distribution of copies and filing.
18.35.540 Time limit.
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
18.35.560 Effect of final binding site plan approval.
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
18.35.580 Transportation and drainage standards.
18.35.590 Responsibility for road improvements.
18.35.600 Health standards.
18.35.610 Fire and utility standards.
18.35.620 Plan review, inspection and fees.
18.35.630 Release of improvement guarantee.
18.35.640 Floods and flood control.
18.35.650 Additional requirements.
18.35.660 Phased subdivision.
Article VII. Plat Alteration
18.35.670 Purpose.
18.35.680 Application submittal and contents.
18.35.690 Review process and criteria.
20
Appendix A,Exhibit 2
Jefferson County Code pED INr vFRSfON
Chapter 18.35 LAND DIVISIONS
AFtiele V411. Boundafy Lone_^. �..�,.,o„+s
1 4 Z5.70no
1 Q 3 c 710 tents
rv=srn � cvmcnrs:
Q Z z o 720 Review pr-eeess and^f�-.Article IX. Unit Lot Subdivisions
Article I. General Provisions
18.35.010 General authority.
This chapter of the Jefferson County Unified Development Code is adopted under the
authority of Chapter-ch_apter 58.17 RCW. [Ord. 8-06 § 1]
18.35.020 Purpose.
The purpose of this chapter is to regulate the division of land lying within Jefferson County,
and to promote the public health, safety, and general welfare in accordance with the standards
established by the state of Washington and Jefferson County, and to:
(1)Prevent the overcrowding of land;
(2) Lessen congestion and promote safe and convenient travel by the public on sidewalks,
pathways, streets and highways;
(3)Promote the efficient use of land;
(4)Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools,
parks, recreational areas, fire protection and other capital requirements;
(5) Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate
legal description;
(6)Facilitate the expeditious processing of development applications through the adoption of
clear, predictable and uniformly applied land division regulations; and
(7) Implement the goals, policies and substantive requirements of the Washington State
Growth Management Act (Chapter-chapter 36.70A RCW) and the Jefferson County
Comprehensive Plan. [Ord. 8-06 § 1]
18.35.030 Applicability.
(1) This chapter applies to the division of land into four parcels for short subdivisions and of
five or more parcels for long subdivisions. This chapter further applies to boundary line
adjustments and binding site plan review and regulation.
(2)Property boundary lines separating two or more lots of record may be adjusted only under
the specific provisions set forth in this chapter.
(3) The process for resubdivision, alteration and vacation of any existing subdivision is
identical to the process for initial subdivision.All such subdivision applications shall conform
21
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
with the applicable sections in this chapter governing the subdivision of property into lots,
tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria
set forth in RCW 58.17.212, as now adopted or hereafter amended.
(4) Where this chapter imposes greater restrictions or higher standards upon the development
of land than other provisions of this code, laws, ordinances or restrictive covenants, the
provisions of this chapter shall prevail.
(5) Pursuant to Chapterchapters 79.125 and 58.17 RCW, tidelands boundaries that are
coincident with state-owned aquatic lands may not be altered in any fashion under this section.
[Ord. 11-23 § 8 (Att. A); Ord. 8-06 § 1]
18.35.040 Exemptions.
This chapter does not apply to the following:
(1)Divisions of land into lots,tracts or parcels each one of which is one-sixteenth of a section
of land or larger, or 40 acres or larger if the land is not capable of description as a fraction of
a section of land; provided, that for purposes of computing the size of a lot that borders on a
street or road,the lot size shall be expanded to include that area that would be bounded by the
center line of the street or road and the side lot lines of the lot running perpendicular to such
center line; and provided further,that within the commercial forest district(i.e., CF-80), each
lot,tract or parcel shall be at least 80 acres in size;
(2) Cemeteries and burial plots while used for that purpose;
(3) Divisions of land made by testamentary provisions or the laws of descent; provided, that
this exemption shall not be construed to permit inter vivos transfers,and provided further,that
any structure or use on the property must comply with all other applicable county regulations;
and
(4) Divisions of land relating to the acquisition of a fee simple interest in land by public
agencies, including, but not limited to, divisions made for road or public right-of-way
conveyance or widening purposes. This exemption shall not be construed to include
acquisitions of easements. [Ord. 8-06 § 1]
Boundary line agreement to resolve 4ny dispute between two or more parcels of real
propeqy where the boundaries cannot be identified from the existingpublic record,
monuments, and landmarks, provided such agreement shall be executed in conformance with
RCW 58.04.007.
18.35.050 Violations—Penalties.
(1)Criminal Penalties and Liability.Any person,firm,corporation,or association or any agent
of any person, firm, corporation or association who sells, offers for sale, leases, or transfers
any lot,tract, or parcel of land prior to compliance with this chapter is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by
imprisonment in jail for a term not exceeding 90 days,or by both such fine and imprisonment.
Each violation or each sale,offer for sale,lease,or transfer of each separate lot,tract,or parcel
of land in violation of any provision of this chapter is deemed a separate and distinct offense.
If performance of an offer of agreement to sell, lease or otherwise transfer a lot,tract or parcel
22
Appendix A,Exhibit 2 RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
of land following preliminary approval of a short plat or long plat, but prior to final plat
approval, is expressly conditioned on the recording of the final plat containing the lot,tract or
parcel under this chapter,the offer or agreement does not violate any provision of this chapter.
All payments on account of an offer or agreement conditioned as provided in this chapter shall
be deposited in an escrow account and no disbursements to sellers are permitted until the final
plat is recorded. This prohibition of property transfers prior to compliance with this chapter
shall apply equally to transfers prior to completion of short subdivisions, long subdivisions
and binding site plans.
(2)JCV-Title-title 19 JCC Applicable. In addition to the penalties provided in this section, all
violations of any provision of this chapter or any incorporated standards, or conditions of any
permit issued hereunder, are subject to the provisions of XG Title itle 19 JCC. The
administrator is authorized to enforce the provisions of this chapter in accordance with JC-C
Title-title 19 JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long
subdivision, or binding site plan fails and refuses to install required improvements in the time
required by any preliminary or final approval, the county may withhold further building or
other development permits, make demand against any bonds, collect monies deposited in
escrow to secure installation of improvements, initiate a local improvement district, or take
such other action as may be necessary to cause the improvements to be made. [Ord. 9-20 § 2
(Appx. B); Ord. 8-06 § 1
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
(1)Purpose and Scope. The purpose of this article is to provide procedures and criteria for the
review and approval of adjustments to boundary lines between platted or unplatted lots,tracts
or parcels, or both in order to:
(a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a
buildable lot or for any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c)Achieve increased setbacks from property lines or critical areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act,
Chap chapter 58.09 RCW and Ehapterchapter 332-130 WAC.
(2)Prohibited Boundary Changes.This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan
or division as defined in Ehapterchapter 18.10 JCC;
23
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(b)Result in a lot, tract or parcel or site within a binding site plan that does not qualify as
a buildable lot as defined in Capterchapter 18.10 JCC;
(c) An adjustment that crosses zoning district boundaries. Adjustments may be allowed
across different rural residential densities;
(d)Be inconsistent with any restrictions or conditions of approval for a recorded short plat
or long plat; or circumvent the short subdivision or long subdivision procedures set forth
in this chapter.
(3)Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose
of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in
all cases be considered a minor adjustment of boundary lines and shall not be subject to the
short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not
require a survey or soil evaluation.
(4)Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall
be considered a single site and no lot lines on the site may be altered by a boundary line
adjustment to separate lots to another property not included in the original site plan of the
subject development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the
adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered
minor adjustments and shall not require a soil evaluation.
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary
line adjustment process, those lots shall not be permitted to use the boundary line adjustment
process again for five years with the exception of lot consolidations, testamentary divisions,
civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or
more property owners for the purpose of settling a dispute. [Ord. 9-22 § 4(Appx. C); Ord. 14-
18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the
following:
(1) Applications for boundary line adjustments shall be made on forms provided by the
Jefferson County department of community development and shall be submitted to the
department of community development, along with the appropriate fees established under the
Jefferson County fee ordinance;
(a) A single application may be submitted for multiple BLAB for adjacent parcels, lots,
tracts or sites within a binding site plan. However, standard application fee(s) shall apply
to each BLA after the first two per additional parcel, lot,tract or site;
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the
number of resulting parcels or lots;
24
Appendix A,Exhibit 2
Jefferson County Code RED LINE VERSION
Chapter 18.35 LAND DIVISIONS
(2) A completed land use permit application form, including all materials required pursuant
to Chaptercha ter 18.40 JCC;
(3)A digital copy of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b)The existing lot,tract or parcel lines proposed to be changed, indicated by light broken
lines;
(c)The location and dimensions of all structures/improvements existing upon the affected
lots, tracts or parcels and the distance between each such structure/improvement and the
proposed boundary lines, with structures proposed to be removed from the site depicted
with broken lines and structures to remain on the site depicted with solid lines;
(d)A north arrow indication and scale;
(e)All assessor's tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
(g)The location and dimensions of any easements within or adjacent to any affected lots,
tracts or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or
platted streets or roads,whether public or private,and other public ways within or adjacent
to the affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
0) The existing on-site sewage system components and reserve areas and the proposed
location for on-site sewage systems and soil test pits for all affected lots that are not
currently served by an on-site sewage system or other approved wastewater treatment
system;
(k)The location of all existing and proposed water and storm drainage facilities; and
(1) The approximate location and extent of any critical areas identified in Chapterchapter
18.22 JCC. The following notice will be recorded on the drawing when the parcels that
are part of the boundary line adjustment include, or are adjacent to, critical areas:
Notice to Public: Current Jefferson County geographic information systems
(GIS) maps identify the presence of a critical area such as stream, wetland,
flood, landslide hazard,erosion, aquifer recharge area, fish and wildlife habitat,
shoreline, etc., lying within and/or adjacent to the revised parcels encompassed
by this Boundary Line Adjustment. Prior to any land disturbing activity or
construction activity, applicant/owner shall contact the Jefferson County
department of community development regarding compliance for such critical
areas. Approval of this Boundary Line Adjustment does not guarantee a
buildable site within said parcel(s). Such determination is dependent on
25
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
approvals of water, septic, bulk and dimensional setbacks, and critical area
requirements.
(4) The original legal description of the entire property together with new separate legal
descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing
parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include
on the face a formal legal declaration of the boundary line adjustment, signed and notarized
by all legal owners of the subject properties. In cases where the property has not been
surveyed, the following disclaimer shall be recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your
request for a Boundary Line Adjustment (BLA) has been approved. Since no
survey was submitted as part of your BLA application, the County accepts no
liability for what facts a survey might have revealed. A survey might have
revealed that a structure or improvement believed to be on the applicant's
property is, in fact, located wholly or partially upon someone else's property or
upon property that is not the subject of this BLA.But in the absence of a survey,
the applicant bears sole responsibility if such a problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or
planned rural residential development (PRRD) agreements pertaining to or affecting the
property; and
(6) If applicable, the applicant shall provide written verification from the Jefferson County
department of environmental health that the lots, tracts, parcels or sites, as each would exist
after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal
system. The location of soil logs must be shown on the drawing to show land area sufficient
to meet environmental health requirements for each resultant lot, tract, or parcel that does not
contain a dwelling.
This requirement shall be waived for resultant parcels that have limited the use of the resultant
parcel to agriculture, forestry, or open space through conservation easements, restrictive
covenant,or similar legal arrangement. The open space tax program shall not be used to fulfill
this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deeds of trust or mortgages)or any other encumbrances affecting the title
of said parcels. Such individuals or corporations shall sign and approve the final survey
prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
26
Appendix A,Exhibit 2 RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(d)Any easements or restrictions affecting the properties to be adjusted with a description
of purpose and referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.)policy may be required by the director of the
department of public works. [Ord. 9-22 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 8-
06 § 1]
18.35.080 Review process and criteria.
(1)Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson
County assessor.
(2) Based on any comments solicited and received from the department of public works, the
department of environmental health or other applicable departments and agencies, the
administrator shall approve the proposed boundary line adjustment only upon finding that the
adjustment would not:
(a) Create any additional lot, tract, parcel, or site within a binding site plan or division or
relocate any lot,tract,parcel,or site within a binding site plan or division to another parent
parcel;
(b)Result in the creation of a lot which is not a buildable lot, unless such lot is restricted
by recorded instrument acknowledging the lot is for the purpose of conservation, open
space, or other similar purpose;
(c) Result in a lot, tract, parcel, site within a binding site plan or division that results in
insufficient area or dimension to meet water availability and the minimum requirements
for area and dimension as set forth in chapter 18.15 JCC and state and local health
codes and regulations;
(d) Diminish or impair drainage, water supply, existing sewage disposal, and access or
easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel,
site(i.e., within an approved binding site plan), or division;
(e) Diminish or impair any public or private utility easement or deprive any parcel of
access or utilities;
(f) Diminish or impair the functions and values of critical areas designated under
Chapter-chapter 18.22 JCC, or create an unsafe or hazardous environmental condition;
(g) Create unreasonably restrictive or hazardous access to the property;
(h) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of
an existing lot, tract or parcel relative to der- hapter 18.15 JCC;
(i) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the
conditions of approval for any short or long subdivision; or
0) Create a lot,tract, or parcel that crosses zoning district boundaries, with the exception
of an adjustment across rural residential densities.
27
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(3) Following approval by the administrator, a final record of survey document shall be
prepared by a licensed land surveyor in accordance with Chapterchapter 58.09 RCW and
Ch Aer-chapter 332-130 WAC. The document shall contain a land surveyor's certificate and
a recording certificate. The final page of the record of survey document shall contain the
following signature blocks:
(a) The Jefferson County assessor's office, to be signed by the Jefferson County assessor
or their designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and
referenced by auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A
BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6).
IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS,
PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON
SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY
PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE
BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS,
PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA
AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A
BUILDING SITE.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before
approval of any boundary line adjustment.
(6)Applications for boundary line adjustments shall be processed according to the procedures
for Type I land use decisions established in Chapter 18.40 JCC. [Ord. 9-22 § 4 (Appx. C);
Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
Article III. Short Subdivisions
18.35.090 Scope.
Any land being divided into four or fewer lots, tracts or parcels that has not been divided
through a short subdivision within the previous five years shall meet the requirements of this
article. Land within an approved short subdivision may not be further divided in any manner
within a period of five years without the filing of a long plat. However, when a short plat
contains fewer than four parcels, the owner of the short plat may file an alteration within the
five-year period to create up to four lots within the boundaries of the original short plat;
provided,that the parcel is not held in common ownership with a contiguous parcel which has
been subdivided within the preceding five years. [Ord. 8-06 § I]
18.35.100 Application submittal and contents.
To be considered complete, applications for short subdivisions shall include the following
information:
28
RED LINE VERSION
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(1)Applications for short subdivisions shall be made on forms provided by DCD and shall be
submitted to DCD, along with the appropriate fees established under the Jefferson County fee
ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Chapter chapter 18.40 JCC;
(3)A sworn certification by the applicant verifying whether the applicant has any interest in
any land adjacent to any portion of the subject property; such interest in land may be by reason
of ownership,contract for purchase by an agreement or option by any person, family member,
firm or corporation in any manner connected with the applicant or the development;
(4)The dimensions and area of each proposed lot,tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of
Chaplerchan 18.15 JCC; provided, that the area of land contained in access easements,
access panhandles or pipestem configurations shall not be included in the area computations;
(5)Five paper copies of a preliminary short plat meeting the standards of JCC 18.35.110 and
18.35.120;
(6)Where applicable, any special reports or studies required under Chapter--chapter 18.22 JCC
(Critical Areas);
(7) A preliminary drainage plan prepared in a manner consistent with the requirements of
Eherchapter 18.30 JCC, including any soil test information that may be deemed necessary
by the director of the department of public works;
(8) The estimated quantities of any fill to be expected from the site and imported to the site;
and
(9) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 11-23 § 8 (Att. A); Ord. 8-06 § 1]
18.35.110 Preliminary short plat preparation.
The preliminary short plat shall be prepared in accordance with the following requirements:
(1) The preliminary short plat shall be prepared by a Washington State licensed engineer or
land surveyor registered or licensed by the state of Washington. The preparer shall certify on
the short plat that it is a true and correct representation of the land actually surveyed. The
preparation of the plat shall comply with the Survey Recording Act, Chapter chapter 58.09
RCW and Chapte>chapter 332-130 WAC as now adopted or hereafter amended. Upon
surveying the property, the surveyor shall place temporary stakes on the property to enable
the county to locate and assess features of the short plat in the field. The datum to be used for
all surveying and mapping shall be as follows: The projection name is the state plane; the
projection spheroid is GRS 1980; the coordinate system is Washington State Plane North
Zone; and the horizontal datum is NAD 83.
29
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(2) All geographic information portrayed by the preliminary short plat shall be accurate,
legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location
sketch and typical roadway cross-sections may be drawn to any other appropriate scale.
(3)A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders,
and if more than one sheet is needed,each sheet shall be numbered consecutively and an index
sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
index sheet showing the entire subdivision with road and highway names and block numbers
(if any)shall be provided.Each sheet,including the index sheet,shall be of the above specified
size.
(4) The area of each proposed lot, tract or parcel on the short plat map shall accurately show
that each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements.
The area of land contained in access easements, access panhandles or pipestem configurations
shall not be included in the area computations. [Ord. 8-06 § 1]
18.35.120 Preliminary short plat contents.
(1) A preliminary short plat shall be submitted on one or more sheets and shall provide the
information described below. All specifications for required improvements shall conform to
the development standards contained in Chaptefchapter 18.30 JCC.
(a) The name of the proposed subdivisions together with the words "Preliminary Short
Plat";
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d)Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e)Identification of all land intended to be cleared, and the location of the proposed access
to the site for clearing and grading during site development or construction; and
(f)A form for the endorsement of the administrator, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property,roads, and other
major constructed and natural features.
30
Appendix A,Exhibit 2 RED LINE VERSIU"
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(3) Except as otherwise specified in this chapter, the preliminary short plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lots of record which are to be vacated, and all existing property lines for any property
adjacent to the subject property which is under the same ownership as the property to be
subdivided(as described in JCC 18.35.110(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be divided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to the subdivision as part of the proposal (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision(if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision(if applicable);
(i) The location of any critical areas as described in Chapterchapter 18.22 JCC;
0)The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well and associated setbacks existing within the proposed
subdivision;
(1) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet, labeled at intervals not to exceed 20
feet;
(n)The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
31
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of any proposed lots, tracts or parcels, the area and
dimensions of each proposed lot, tract or parcel, and the proposed identifying number or
letter to be assigned to each lot,tract or parcel, and block(if applicable);
(b) The right-of-way location and width, the proposed name of each road, street or other
public way to be created and the estimated tentative grades of such roads;where roadways
may exceed the maximum allowable grade or alignment,the director of the department of
public works may require sufficient data, including centerline profiles and cross-sections,
if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement to be created;
(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelope, as defined in JCC 18.10.020, shall be indicated for each lot;
(h)Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water
system improvements, including fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if
applicable)profiles and all pump stations and their connections to the existing system;
(k) Proposed location and description of all stormwater management improvements;
(1) Proposed road cross-sections, showing bicycle and pedestrian pathways, trails and
sidewalks (if applicable);
(m)Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping(if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information, as deemed necessary, to satisfy any other regulatory requirements. The
administrator may also waive specific submittal requirements determined to be unnecessary
32
Appendix A,Exhibit 2
Jefferson County Code RED LINE VERSION
Chapter 18.35 LAND DIVISIONS
for review of an application. In such event,the administrator shall document the waiver in the
project file or log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.130 Short plat approval criteria.
In addition to the review criteria provided in Eerchapter 18.40 JCC,the following criteria
are the minimum measures by which each proposed short subdivision will be considered:
(1) Short subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the administrator that all of the following have been
satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
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 code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets
and other public ways, potable water, transit facilities, sewage disposal, parks,
playgrounds, schools, sidewalks and other improvements to assure safe walking
conditions for students who walk to and from school;
(c) Approving the proposed short subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in
accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed
subdivision may be denied because of flood, inundation or swamp conditions. Where any
portion of the proposed short subdivision lies within both a flood control zone, as specified
by Chapterchapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway,
the county shall not approve the preliminary short plat unless:
(a)The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
Ghapterchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed short subdivision until flood control problems have been
resolved.
18.35.140 Short plat review process.
(1)An application for a short subdivision shall be processed according to the procedures for
Type II land use decisions established in Chapterchapter 18.40 JCC.
33
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official,school district in which the proposal is located,adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
(3)Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC 18.35.130.
A proposed short plat shall only be approved when consistent with all the provisions of JCC
18.35.130.
(4) An applicant for a short subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Ehapterchapter 18.40 JCC, and shall satisfy the criteria contained
in Article IV of Chapter-chapter 18.40 JCC, Variances.
(5) Pursuant to RCW 84.56.345, current year and any delinquent taxes must be paid before
the approval of a short subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.150 Modifications to an approved preliminary short plat.
(1)Minor modifications to a previously approved preliminary short plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in Chapter-chapter 18.40 JCC; provided, that the modification does not involve any of the
following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d)The relocation of an entire lot,tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the short subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application
approval; and
(c)The modification will not cause the short subdivision to violate any applicable county
policy or regulation.
34
Appendix A,Exhibit 2
Jefferson County Code REb LINE VERSION
Chapter 18.35 LAND DIVISIONS
(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
preliminary short plat application. [Ord. 8-06 § 1]
18.35.160 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
not complete construction within one year, Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
18.35.170 Director of the department of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with the development
standards contained in Chapter-chapter 18.30 JCC and any incorporated standards have been
received and approved by the director of the department of public works. All construction of
improvements shall be inspected and approved in conformance with the development
standards contained in Chapter-chapter 18.30 JCC and any incorporated standards. After
completion of all required improvements or the guarantee of the construction of all required
improvements, the director of the department of public works shall submit a certificate in
triplicate to the administrator stating the required improvements or guarantees are in
accordance with the provisions of this chapter, the preliminary short plat, including the
county's decision approving the short plat, and in accordance with the development standards
contained in C—kapterchapter 18.30 JCC and any incorporated standards. The administrator
shall transmit one copy of the certification to the subdivider, together with a notice advising
the subdivider to prepare a final plat for the proposed short subdivision. The administrator
shall retain one copy of the certificate. [Ord. 8-06 § 1]
18.35.180 Final short plat requirements.
The applicant must submit a reproducible copy, plus five paper copies of the proposed final
short plat to the administrator. The reproducible copy of the approved final short plat will
contain the elements as described in JCC 18.35.120 and shall include certifications and other
requirements as provided in JCC 18.35.370 for long plats. [Ord. 8-06 § 1]
18.35.190 Accompanying documents—Final short plat.
(1)In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within
a subdivision, a type written copy of such covenants, bearing all necessary signatures, shall
be submitted along with the final plat. Where the recordation of specific deed restrictions or
CC&R provisions have been required as a condition of preliminary plat approval, the
administrator shall approve and sign the deed restriction or CC&Rs prior to final plat approval.
(2) The final plat shall be accompanied by a current (i.e., within 30 days) title company
certification of the following:
35
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deeds or trust or mortgages)or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor's file number and/or recording
number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association(A.L.T.A.)policy may be required by the director of the
department of public works.
(3)All maintenance,performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the approved improvement method
report to guarantee the acceptability and/or performance of all required improvements. [Ord.
8-06 § 1]
18.35.200 Final short plat approval.
The final short plat shall be approved by the administrator upon satisfaction of all conditions
of approval and all requirements as provided in this article and Article VI of this chapter.Final
approval of short plats by the Jefferson County board of county commissioners shall be
required. All final short plats shall be approved, disapproved or returned to the applicant
within 30 days of their filing, unless the applicant consents to an extension of time in writing.
[Ord. 8-06 § 1]
18.35.210 Time limitation on final short plat submittal.
Approval of a preliminary short plat shall expire unless the applicant submits a proposed final
plat in proper form for final approval within three years after preliminary approval. The
department of community development shall not be responsible for notifying the applicant of
an impending expiration. [Ord. 8-06 § 1]
18.35.220 Effect of an approved final short plat—Valid land use.
Any lots, tracts or parcels in a final short plat filed for record shall be a valid land use
notwithstanding any change in zoning for a period of five years from the date of filing. A
short subdivision shall be governed by the terms of approval of the final short plat, and the
statutes, ordinances and regulations in effect on the date of preliminary plat approval for a
period of five years after final short plat approval unless the Jefferson County board of
commissioners finds that a change in conditions creates a serious threat to the public health
or safety of residents within or outside the short subdivision. [Ord. 8-06 § I]
18.35.230 Distribution of copies and filing of final short plat.
The administrator shall distribute the original and copies of the approved final short plat as
follows:
36
Appendix A,Exhibit 2
Jefferson County Code RED LINE VERSION
Chapter 18.35 LAND DIVISIONS
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording; and
(2) One recorded paper copy shall be retained in the files of the department of community
development. [Ord. 8-06 § 1]
18.35.240 Transfer of ownership following short plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to short subdivisions, no person, firm, or corporation shall sell or transfer any
such lot,tract or parcel without having first received final approval of the short plat and having
recorded the final short plat with the Jefferson County auditor. It is the responsibility of the
applicant to ensure that a final short plat is fully certified and filed for record with the Jefferson
County auditor prior to transferring ownership of any land. [Ord. 8-06 § 1]
18.35.250 Building and occupancy permits—Issuance after final short plat approval.
(1)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved short subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
18.35.260 Accumulative short plats.
Accumulative short plats are not permitted. The short subdivision process may not be used to
apply for a series of short plats within two years from any application,thereby circumventing
the long subdivision procedures. [Ord. 8-06 § I]
Article IV. Long Subdivisions
18.35.270 Scope.
Long subdivisions, as processed under this article, shall include all divisions of land into five
or more lots, and shall require improvements so that any development will be in compliance
with this code and any other codes or ordinances which may apply. [Ord. 8-06 § 1]
18.35.280 Application submittal and contents.
To be considered complete, the application for a long subdivision shall include the following
information:
37
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(1) The application for approval of a long subdivision shall be submitted to the department of
community development on forms to be provided by the department along with the
appropriate fees established by the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Eliapterchapter 18.4018 49 JCC;
(3)The area and dimensions of each proposed lot,tract or parcel to accurately show that each
lot, tract or parcel contains sufficient area to satisfy the minimum requirements of
Chaptenhapter 18.15 JCC. The area of land contained in access easements,access panhandles
or pipestem configurations shall not be included in the area computations;
(4) Five paper copies of a preliminary plat meeting the standards and requirements of JCC
18.35.290 and 18.35.30OX-C ' Q 3 c 290 and 1 Q 35 300;
(5)Where applicable,any special reports or studies required under Chapter-chapter 18.15 JCC,
prepared in accordance with the requirements of Article VI-K of Ehapter-chapter 18.15 JCC;
(6) A preliminary drainage plan prepared in a manner consistent with the requirements of
Ch Aerchapter 18.30 JCC, including any soil test information as may be deemed necessary
by the director of the department of public works;
(7) The estimated quantities of any fill to be exported from the site and imported to the site;
and
(8) Documentation of water availability and adequacy for each parcel affected sufficient to
meet the requirements of JCC 18.30.030. [Ord. 8-06 § 1]
18.35.290 Preliminary plat—Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
(1) The preliminary plat shall be prepared by a Washington State licensed engineer or land
surveyor registered or licensed by the state of Washington. The preparer shall certify on the
plat that it is a true and correct representation of the lands actually surveyed. The preparation
of the plat shall comply with the Survey Recording Act, chapter 58.09 RCW and
Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property,
the surveyor shall place temporary stakes on the property to enable the county to locate and
assess features of the long plat in the field.The datum to be used for all surveying and mapping
shall be as follows: The projection name is the state plane; the projection spheroid is GRS
1980; the coordinate system is the Washington State Plane North Zone; and the horizontal
datum is NAD 83.
(2)All geographic information portrayed by the preliminary plat shall be accurate, legible and
drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and
typical roadway cross-sections may be drawn to any other appropriate scale.
(3)A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders,
and if more than one sheet is needed,each sheet shall be numbered consecutively and an index
sheet showing the entire property and orienting the other sheets,at any appropriate scale, shall
38
Appendix A,Exhibit 2 RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
be provided. In addition to other map submittals, the applicant shall submit one copy of each
sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an
index sheet showing the entire subdivision with road and highway names and block number
(if any) shall be provided. Each sheet, including the index sheet, shall be of the above-
specified size.
(4) The area of each proposed lot or parcel depicted on the long plat map shall accurately
show that each lot, tract or parcel contains sufficient area to satisfy minimum zoning
requirements. The area of land contained in access easements, access panhandles or pipestem
configurations shall not be included in the lot size computations. [Ord. 8-06 § I]
18.35.300 Preliminary plat—Contents.
(1)A preliminary plat shall be submitted on one or more sheets and shall provide the following
information. All specifications for public improvements shall conform to the standards
contained in Chapter-chapter 18.30 JCC, including any standards incorporated therein:
(a) The name of the proposed subdivision together with the words "Preliminary Plat";
(b)The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional
land surveyor who prepared the preliminary plat;
(d) Numeric scale 50 feet or fewer to the inch), graphic scale, true north point, and date
of preparation;
(e)Identification of all land intended to be cleared,and the location of the proposed access
to the site for clearing and grading during site development and construction; and
(f) A form for the endorsement of the administrator of the department of community
development, as follows:
APPROVED BY JEFFERSON COUNTY
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and
boundaries of the proposed subdivision with respect to surrounding property,roads, and other
major constructed and natural features.
(3) Except as otherwise specified in this chapter, the preliminary plat shall contain the
following existing geographic features, drawn lightly in relation to proposed geographic
features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent
property under the same ownership as the land to be subdivided, to be indicated by bold
lines;
39
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines
for lot of record which are to be vacated, and all existing property lines for any property
lying adjacent to the subject property which is under the same ownership as the property
to be subdivided(as described in JCC 18.35.290(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or
platted roads, whether public or private, and other public ways within 200 feet of the
property to be subdivided;
(e) The location, widths and purposes of any existing easements lying within or adjacent
to the proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater
management facilities lying within or adjacent to the proposed subdivision or those that
will be connected to as part of the proposed subdivision(if applicable);
(g) The location and size of existing water system facilities including all fire hydrants
lying within or adjacent to the proposed subdivision or those which will be connected to
as part of the proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities
lying within or adjacent to the proposed subdivision(if applicable);
(i) The location of any critical areas as described in Chapter-chapter 18.22 JCC;
0)The location of existing sections and municipal corporation boundary lines lying within
or adjacent to the proposed subdivision;
(k) The location of any well existing within the proposed subdivision;
(1) The location of any individual or on-site sewage disposal system existing within the
proposed subdivision;
(m) Existing contour lines at intervals of five feet labeled at intervals not to exceed 20
feet;
(n)The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to
be removed shall be indicated by solid lines.
(4)The preliminary plat shall show the following proposed geographic features:
(a)The boundaries in bold solid lines of all proposed lots,the area and dimensions of each
proposed lot, and the proposed identifying number or letter to be assigned to each lot
and/or block;
(b)The right-of-way location and width, the proposed name of each road, street, alley, or
other public way to be created and the estimated tentative grades of such streets; where
roadways may exceed the maximum allowable grade or alignment, the director of the
40
Appendix A,Exhibit 2
Jefferson County Code RED LWE VERSION
Chapter 18.35 LAND DIVISIONS
department of public works may require sufficient data, including centerline profiles and
cross-sections if necessary, to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement created;
(d) The boundaries, dimensions and area of public and common park and open space
areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the
purpose and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be
indicated by solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelopes, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water
system improvements, including all proposed fire hydrants (if applicable);
0) Proposed location and description of all sewage disposal improvements, including (if
applicable)profiles, and, if needed, all pump stations and their connections to the existing
system;
(k) Proposed location and description of all stormwater management system
improvements;
(1) Proposed road cross-sections, showing proposed bicycle and pedestrian pathways,
trails and sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if
applicable).
(5) Upon review of an application, the administrator may require additional pertinent
information as needed to satisfy any other regulatory requirements. The administrator may
also waive specific submittal requirements determined to be unnecessary for review of an
application. In such event, the administrator shall document the waiver in the project file or
log. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.310 Approval criteria.
In addition to the review criteria provided Chapter-chapter 18.40 JCC, the following criteria
are the minimum measures by which each proposed subdivision will be considered:
41
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(1) Long subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the county that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning,
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 code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, roads, streets,
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools, sidewalks and other improvements that assure safe walking conditions for
students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed subdivision,
together with any practical means of mitigating adverse impacts, have been considered
such that the proposal will not have an unacceptable adverse effect upon the quality of the
environment, in accordance with the State Environmental Policy Act (SEPA)
implementing provisions contained within Ckapter—chapter 18.40 JCC and Chapte
chapter 43.21 C RCW;
(d)Approving the proposed subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
(2)Notwithstanding approval criteria set forth in subsection(1) of this section, in accordance
with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be
denied because of flood, inundation or swamp conditions. Where any portion of the proposed
subdivision lies within both a flood control zone, as specified by Ghapterchapter 86.16 RCW,
and either the 100-year floodplain or the regulatory floodway, the county shall not approve
the preliminary plat unless:
(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no
feasible alternative exists to locating lots and building envelopes within the 100-year
floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
Chaptefchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed short subdivision until flood control problems have been
resolved.
(3) Pursuant to RCW 84.56.345 current year and any delinquent taxes must be paid before
approval of any subdivision. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
42
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS RED LINF VERSION
18.35.320 Preliminary long plat review process.
(1) An application for a full subdivision shall be processed according to the procedures for
Type III land use decisions established in Chapter-chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official, school district in which the proposal is located,adjacent jurisdictions
if the proposal is located within one mile of a city or other jurisdiction, Washington State
Department of Transportation, if the proposal is adjacent to a state highway, and any other
state, local or federal officials as may be necessary.
(3)Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in JCC
18.35.310XG 18.35. . A proposed long subdivision shall only be approved when
consistent with all the provisions of JCC 18.35.310X8.35.
(4) An applicant for a long subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Chapter-chapter 18.40 JCC, and shall satisfy the criteria contained
in Article IV of erchapter 18.40 JCC, Variances. [Ord. 8-06 § 1]
18.35.330 Preliminary plat approval—Phased development.
Where subdivision development is proposed in distinct phases,preliminary plat approval must
be granted for the entire subdivision. The plat map must delineate the separate divisions or
phases that are to be developed in increments. The preliminary approval is conditional upon
completion of the proposed phases in a particular sequence and may specify a completion date
for each phase. Final plat approval is granted for each separate phase of the preliminary plat.
Any changes in the development after preliminary approval will require approval in
accordance with JCC 18.35.320. [Ord. 8-06 § 1]
18.35.340 Modifications to an approved preliminary plat.
(1) Minor modifications to a previously approved preliminary long plat may be requested by
the applicant and approved by the administrator subject to the provisions for Type I decisions
in chapter 18.40 JCC; provided, that the modification does involve any of the
following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to
this code;
(d)The relocation of an entire lot,tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
43
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(a) The modification will not be inconsistent or cause the long subdivision to be
inconsistent with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application
approval; and
(c) The modification will not cause the long subdivision 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
preliminary long plat application. [Ord. 8-06 § I]
18.35.350 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of
subdivision improvements within one year of final plat approval. The surety shall be for 200
percent of the cost of construction of those improvements estimated by a licensed engineer.
Surety shall be in a form acceptable to Jefferson County. In the event that the applicant does
not complete construction within one year Jefferson County shall be authorized to complete
the construction and pay for the work from the surety account. Surety shall not be accepted
for developing potable water sources. Surety may only be released only after inspection by
Jefferson County. [Ord. 8-06 § 1]
18.35.360 Director of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be
issued by the county until the improvement method report, all construction drawings,
proposed performance guarantees, and other submittals in conformance with Chapterchapter
18.30 JCC and any incorporated standards have been received and approved by the director
of the department of public works. All construction of improvements shall be inspected and
approved in conformance with development standards contained in Chapter--chapter 18.30 JCC
and any incorporated standards. After completion of all required improvements or the
guarantee of the construction of all required improvements, the director of the department of
public works shall submit a certificate in triplicate to the administrator stating the required
improvements or guarantees are in accordance with the provisions of this chapter, the
preliminary plat, including the county's decision approving the plat, and in accordance with
the development standards contained in Chaptercha ter 18.30 JCC and any incorporated
standards. The administrator shall submit one copy of the certification to the subdivider,
together with a notice advising the subdivider to prepare a final plat for the proposed
subdivision. One copy of the certificate shall be retained by the administrator. [Ord. 8-06 § I]
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or
a Washington state licensed engineer.
(2)Six paper copies of the final long plat shall be submitted,measuring 18 inches by 24 inches
in size, allowing one-half inch for border.
44
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS RED LINE VERSION
(3)A final long plat shall contain the following information:
(a) The name of the subdivision;
(b) Legal description of the property being subdivided;
(c)Numeric scale, graphic scale,true north point and date of preparation of the final plat;
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an
accurate traverse, with angular and linear dimensions and bearings;
(e) The exact location, width and name of all roads, streets, alleys and other public ways
within and adjacent to the subdivision;
(f) The exact location, width and purpose of all easements and dedications for rights-of-
way provided for public and private services and utilities;
(g) True courses and distances to the nearest established road lines, or sections or quarter
section corner monuments which shall accurately locate the subdivision;
(h) Section lines accurately tied to the lines of the plat by distances and courses;
(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet
and hundredths of feet;
0)All house address numbers as assigned by the county;
(k)Delineation of the building envelope of each lot;
(1) The radii, internal angles, points of curvature, tangent bearings and lengths of arc;
(m) The accurate location of each permanent control monument;
(n)All plat meander lines or reference lines along bodies of water shall be established as
above, but not farther than 20 feet from the high water line of such body;
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for
public use, with the purpose of such dedication or reservation and any limitations
indicated thereon and in dedication;
(p)Accurate outlines of any area to be reserved by the deed covenant for common use of
owners of property within the subdivision,together with the purposes of such reservation;
(q) Any restrictions or conditions on the lots or tracts within the subdivision, as required
by the county or at the discretion of the property owner, including, but not limited to,
critical area buffers;
(r) The auditor's file number of all documents and conveyances recorded with the
Jefferson County auditor associated with preliminary or final plat approval;
(s)The name and seal of the Washington State licensed land surveyor or Washington State
licensed engineer responsible preparation of the final plat, and a signed certification on
45
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
the plat by said surveyor to the effect that it is a true and correct representation of the land
actually surveyed by him or her, that the existing monuments shown thereon exist as
located and that all dimensional and geodetic details are correct;
(t) A signed, notarized certification stating that the subdivision has been made with the
free consent and in accordance with the desires of the all persons with ownership and/or
security interests in the property. If the plat includes a dedication, the certificate or a
separate written instrument shall contain the dedication of all roads and other areas to the
public,any individual or individuals, or to any corporation,public or private, as shown on
the plat. Such certificate or instrument shall be signed and acknowledged before a notary
public by all parties having any interest in the land subdivided. The owner shall waive all
claims against the county, on behalf of the owner and the owner's successors and assigns,
which may be occasioned by the establishment and/or construction of any roads, streets,
storm drainage improvements or other improvements;
(u)An offer of dedication may include a waiver of right of direct access to any road from
any property. Such waiver may be required by the director of the department of public
works as a condition of approval. Any dedication, donation or grant as shown on the face
of the plat shall be considered as a quit claim deed to the said donee or grantee for use for
the purpose intended by the donation or grant;
(v) Signature blocks for the appropriate certification of the county auditor, director of the
department of public works, director of the public health department, and DCD
administrator, as follows:
DIRECTOR OF PUBLIC WORKS CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in
compliance with the certificate of improvements issued pursuant to the
Jefferson County Unified Development Code and is consistent with all
applicable county improvement standards and requirements in force on the
date of preliminary plat approval, this day of ,
20
Director, Jefferson County Department
of Public Works or Designee
DEPARTMENT OF COMMUNITY DEVELOPMENT
ADMINISTRATOR'SDIRECTOR'S CERTIFICATE
I hereby certify that on this day of ,20_,that this
final plat is in substantial conformance with the preliminary plat and any
conditions attached thereto, which preliminary plat was approved by
Jefferson County on the day of 120 .
Administfator-Director, Jefferson County
Community Development Department or Designee
46
Appendix A,Exhibit 2
Jefferson County Code RED LINF VERSION
Chapter 18.35 LAND DIVISIONS
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
Approved by public health department on this day of ,
20
Director, Jefferson County Public Health Dept.
47
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
JEFFERSON COUNTY TREASURER'S CERTIFICATE
All taxes and/or assessments due are paid in full on this day of
, 20 .
Jefferson County Treasurer or Designee
(w)A form of the approval of the county assessor, as follows:
JEFFERSON COUNTY ASSESSOR'S CERTIFICATE "
APPROVAL
A T
Examined and approved this day of , 20
Jefferson County Assessor or Designee
Attest:
Deputy Jefferson County Assessor
(x)A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this day of
1120 , at minutes past_M., and recorded in
Volume of Plats, page Records of Jefferson County,
Washington.
Jefferson County Recording Number
Manager-Jefferson County Auditor or Designee
Superintendent of Records
(y)Any additional pertinent information as required at the discretion of the director of the
department of public works or the DCD administrator.
(4)All signatures or certifications appearing on a final plat shall in be reproducible black ink.
[Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.380 Accompanying documents—Final long plat.
(1) In cases where any deed covenants or restrictions, including any CC&Rs, will apply to
lots or parcels within a subdivision,a typewritten copy of such covenants bearing all necessary
signatures shall be submitted along with the final plat.
48
Appendix A,Exhibit 2
RED LINE VE18I0M
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(2) The final plat shall be accompanied by a complete survey of the section or sections in
which the plat or replat is located, or as much thereof as may be necessary to properly orient
the plat within such section or sections. The plat and section survey shall be submitted with
complete field and computation notes, showing the original or re-established corners,with the
description of the same, and the actual traverse showing error or closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine
corners and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company
certification of:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security
interest(such as deed of trust or mortgages) or any other encumbrances affecting the title
of said parcel. Such individuals or corporations shall sign and approve the final plat prior
to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the
owner(s) signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a
description of purpose and referenced by the auditor's file number and/or recording
number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) title policy may be required by the director
of the department of public works.
(4)The applicant shall provide the director of the department of public works with a computer
disk containing a complete set of the final plat maps and as-built drawings on CADD(c) or
other GIS-compatible software as acceptable to the director of the department of public works.
(5)All documents submitted under this section shall contain the name of the subdivision and
the name and address of the subdivider.
(6)All maintenance,performance and guarantee bonds or other guarantees as may be required
by the director of the department of public works and the improvement method report to
guarantee the acceptability and/or performance of all improvements. For all improvements
constructed after final plat approval, reproducible as-built drawing and CADD(c) files shall
be submitted within 15 days of completion of construction. [Ord. 8-06 § 1]
18.35.390 Final long plat application.
(1) Applications for final long plat approval shall be made on forms provided by the
department along with the fee established in the Jefferson County fee ordinance.
(2) Applications for final plat approval shall be processed according to the procedures for
Type IV land use decisions established in Chapter-chapter 18.40 JCC, and shall be approved,
49
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
disapproved, or returned to the applicant within 30 days of their filing, unless the applicant
consents to an extension of time in writing.
(3)Applications for final plat approval shall be submitted within five years of the date of the
preliminary plat approval.
(4) The final plat map shall be prepared in accordance with JCC 18.35.300'4�00 and
18.35.32014z�20.
(5) Prior to final approval, with the exception of the recording certificate, the applicant shall
obtain all signatures and certifications on the face of the plat in accordance with JCC
18.35.370. [Ord. 8-06 § 1]
18.35.400 Time limitation on final long plat submittal.
(1)Approval of a preliminary long plat shall be valid as follows:
(a)For preliminary long plats approved on or after January 1, 2015,the original and three
copies of a final long plat meeting all requirements of Ghapte chapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within five years
of the date of the preliminary long plat approval.
(b)For preliminary long plats approved on or before December 31, 2014,the original and
three copies of the final long plat meeting all requirements of Chapter--chapter 58.17 RCW
shall be transmitted by the administrator to the board of county commissioners within
seven years of the date of the preliminary long plat approval.
(c)For preliminary long plats approved on or before December 31, 2007, and not located
within shoreline jurisdiction,subject to Chapterchapter 90.58 RCW,the original and three
copies of a final long plat meeting all requirements of Chapter-chapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within 10 years
of the date of the preliminary long plat approval.
(2)No extensions shall be granted.A plat granted preliminary approval but filed for final long
plat approval following the applicable time period shall be null and void. The department of
community development shall not be responsible for notifying the applicant of an impending
preliminary long plat expiration. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.410 Effect of an approved final long plat—Valid land use.
(1) Any lots in a final long plat filed for record on or after January 1, 2015, shall be a valid
land use notwithstanding any change in zoning laws for a period of five years from the date
of filing.
(2) Any lots in a final long plat filed for record on or before December 31, 2014, shall be a
valid land use notwithstanding any change in zoning laws for a period of seven years from the
date of filing.
(3) Any lots in a final long plat filed for record on or before December 31, 2007, and not
located within shoreline jurisdiction, subject to chapter 90.58 RCW, shall be a valid
land use notwithstanding any change in zoning laws for 10 years from the date of filing.
50
RED LINE VERSION
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(4) A long subdivision shall be governed by the terms of approval of the final long plat, and
the statutes, ordinances and regulations in effect on the date of preliminary long plat approval
for a period after final long plat approval as provided in subsections (1), (2) and (3) of this
section unless the board of county commissioners finds that a change in conditions creates a
serious threat to the public health or safety of residents within or outside the subdivision. [Ord.
14-18 § 4 (Each. B); Ord. 8-06 § 1]
18.35.420 Distribution of copies and filing of final long plat.
The administrator shall distribute the original and copies of the approved final long plat as
follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county
auditor for recording;
(2) Prior to the issuance of any building permits, one recorded reproducible copy shall be
transmitted to the director of the department of public works;
(3) One recorded paper copy shall be retained in the files of the department of community
development; and
(4) One recorded paper copy shall be provided to the building official for assignment of
addresses. [Ord. 8-06 § 1]
18.35.430 Transfer of ownership following final long plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this
article relating to long subdivisions, no person, firm, or corporation shall sell or transfer or
advertise for sale or transfer any such lot, tract or parcel without having first received final
approval of the long plat and having recorded the final long plat with the Jefferson County
auditor. It is the responsibility of the applicant to ensure that a final long plat is fully certified
and filed for record with the Jefferson County auditor prior to transferring ownership of any
land. [Ord. 8-06 § 11
18.35.440 Building and occupancy permits—Issuance after final long plat approval.
(1)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision prior
to a determination by the relevant fire district chief or designee that adequate fire protection
and access for construction needs exists.
(2)No building permit for a structure other than a temporary contractor's office or temporary
storage building shall be issued for a lot or parcel within an approved long subdivision until
the applicant complies with the improvement method report, all requirements of the
department of public works certificate of improvements, and all requirements of the final plat
approval.
(3) No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary building shall be issued for a structure on a lot or parcel within an
approved long subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel to the satisfaction of the director of the department of
public works and county building official. [Ord. 8-06 § 1]
51
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
Article V. Binding Site Plans
18.35.450 Purpose.
The purpose of this article is to clearly delineate the criteria used by the county to review and
approve binding site plans. A binding site plan is intended to provide an alternative means of
dividing land.The binding site plan process provides a means for certain types of land division
applications to be processed administratively based upon the development standards and
regulations contained within this code and any other applicable ordinances and regulations.
Binding site plans tie a future development to an approved set of conditions and site layout.
[Ord. 8-06 § 1]
18.35.460 Scope.
This article shall only apply to one or more of the following:
(1) The use of a binding site plan to divisions of land for sale or lease of mixed use,
commercial or industrial zoned property where the applicant proposes a unified scheme of
development;
(2)Divisions of property for residential, commercial or industrial condominium development
as provided for in JCC 18.35.470; and
(3) Planned rural residential developments (PRRDs) proposed under Article VI-M of
Chaptefch� 18.15 JCC where full short or long subdivision of the land into separate,
legally segregated lots,tracts or parcels is not required. [Ord. 8-06 § 1]
18.35.470 Condominiums.
For the purpose of approval of condominium developments, the provisions of this chapter
regarding short subdivision and long subdivision shall not apply if:
(1) A land division is proposed as a condominium and does not result in the subdivision of
land into separately owned lots in accordance with the definition for short or long
subdivisions,but subjects a portion of a lot,tract or parcel to C--haapterchapter 64.34 RCW(the
" ondominium ActL) subsequent to the recording of a binding site plan for all such land;
(2)The improvements constructed or to be constructed thereon are required by the provisions
of the binding site plan proposed for a condominium project;
(3) Jefferson County has approved a binding site plan for all such land; and
(4) The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance
with this binding site plan, as it may be amended with the approval of
Jefferson County, and in accordance with such other government permits,
approvals, regulations, requirements, and restrictions that may be imposed
upon such land and the development and use thereof. Upon completion,the
improvements on the land shall be included in one (1) or more
condominiums or owned by an association or other legal entity in which the
52
Appendix A,Exhibit 2 RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
owners' associations have a membership or other legal or beneficial interest.
This binding site plan shall be binding upon all persons, businesses,
corporations, partnerships or other entities now or hereafter having any
interest in the land described herein.
[Ord. 8-06 § 1]
18.35.480 Application submittal and contents.
To be considered complete, applications for binding site plan approval shall include the
following information:
(1) Applications for binding site plans shall be made on forms provided by the Jefferson
County department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
to Ehapter-chapter 18.40 JCC;
(3) Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials
required pursuant to subsections (1) and(2) of this section, a binding site plan application for
mixed use, commercial or industrial proposals shall contain the same elements and
information as a preliminary long plat, in accordance with JCC 18.35.280, 18.35.290 and
18.35.300;
(4) Binding Site Plan for Residential Condominiums. In addition the materials required
pursuant to subsections (1) and (2) of this section, a binding site plan for residential
condominiums shall conform to the requirements of Ehapterchapter 64.34 RCW, the
"Condominium Act." The applicant shall submit a sworn declaration from a registered land
surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now
adopted and hereafter amended, have been satisfied. The county shall not be responsible for
verification that the proposal complies with Ehaptefchapter 64.34 RCW, but may rely upon
the representation of the licensed surveyor. The applicant shall submit five copies of the
binding site plan map for review. The site plan shall have dimensions of 18 inches by 24
inches and must be prepared by a registered surveyor licensed in the state of Washington. In
addition to the requirements of Chaptercq ter 64.34 RCW, the binding site plan map must
include the following information:
(a) The name of the condominium project;
(b)Legal description of the entire parcel;
(c) The date, scale, and north arrow;
(d) Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots,
the location of all open spaces, utilities, and other improvements with accurate bearings,
dimensions of angles and arcs, and of all curve data describing the location of all
improvements;
53
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(e) Names and right-of-way widths of all roads or streets within the parcel and
immediately adjacent to the parcel. Street names shall be consistent with the names of
existing adjacent streets;
(f)Number of each lot and each block or division;
(g)Location,dimensions and purpose of any easements,noting if the easements are public
or private;
(h) Location and description of monuments, boundary corners set, and all lot corners set
and found;
(i) Datum elevations and primary control points approved by the department of public
works. Descriptions and ties to all control points will be shown with dimensions, angles,
and bearings;
0)A dedicatory statement acknowledging public and private dedications and grants;
(k) The statement required by JCC 18.35.470(4) must be on the face of the final binding
site plan; and
(1) Other restrictions, conditions, and requirements as deemed necessary by the county,
including all applicable development standards contained in Chapterchapter 18.30 JCC
and any standards incorporated therein. [Ord. 8-06 § 1]
18.35.490 Binding site plan approval criteria.
(1) Binding site plans shall be approved upon showing that all of the following have been
satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and federal
zoning, 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 code, including any incorporated standards;
(b)Utilities and other public services necessary to serve the needs of the proposed binding
site plan shall be made available, including open spaces, drainage ways,roads, streets and
other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds,
schools,sidewalks and other improvements to assure safe walking conditions for students
who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site
plan, together with any practical means of mitigating adverse impacts, have been
considered such that the proposal will not have an unacceptable adverse effect upon the
quality of the environment, in accordance with the State Environmental Policy Act
(SEPA) implementing provisions contained within Chapter-chapter 18.40 JCC and
Ehapte chapter 43.21C RCW;
54
Appendix A,Exhibit 2
RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(d) Approving the proposed binding site plan will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
(2)Notwithstanding the approval criteria set forth in subsection(1) of this section,a proposed
binding site plan may be denied because of flood, inundation or swamp conditions. Where
any portion of the proposed binding site plan lies within both a flood control zone,as specified
by Chapterchapter 86.16 RCW,and either the 100-year floodplain or the regulatory floodway,
the county shall not approve the binding site plan unless:
(a)The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain;
and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of
C-hapterchapter 18.15 JCC and any written recommendations of the Washington State
Department of Ecology. In such cases, the county shall issue no development permit
associated with the proposed binding site plan until flood control problems have been
resolved. [Ord. 8-06 § I]
18.35.500 Binding site plan review process.
(1) An application for a binding site plan approval shall be processed according to the
procedures for Type III land use decisions established in Chapterchapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official,school district in which the proposal is located,adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary.
(3) Based upon comments from county departments and applicable agencies, and other
information, the administrator shall review the proposal subject to the criteria of JCC
18.35.490. A proposed binding site plan shall only be approved when consistent with all the
provisions of JCC 18.35.490.Binding site plan approval may be based upon certain delineated
conditions. The county shall make written finding and conclusions documenting compliance
with all approval criteria.A binding site plan shall be granted preliminary approval only,until
all improvements are installed or the county has received adequate guarantees or assurances
of future installation of improvements.
(4) Upon satisfying all conditions of approval, if any, and satisfying all requirements of
Cha Aerchapter 18.30 JCC and any incorporated standards for the installation of all
improvements,the administrator shall administratively approve the final binding site plan for
filing with the Jefferson County assessor. The final binding site plan shall conform to the
requirements of JCC 18.35.370 and 18.35.380, as applicable.
(5)For all condominium projects,prior to final approval,the applicant shall obtain the written
approval from the Jefferson County assessor of the condominium CC&Rs. [Ord. 8-06 § 1]
55
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.510 Binding site plan development standards.
Binding site plans shall conform to the development standards contained in Article VI of this
chapter. [Ord. 8-06 § 1]
18.35.520 Modifications and vacations.
Binding site plans may be modified or vacated subject to the following:
(1) Binding site plans may be modified only if the modification is minor in nature and the
original intent of the recorded binding site plan is not changed and if the modification does
not adversely impact public health and safety, the environment, or the delivery of services to
the site. The proposed modification must be clearly shown and be accompanied by a letter of
explanation and application for a plat alteration. Upon administrative approval of such
modification, the modifications shall become part of the binding site plan. If the proposed
modification constitutes a substantial modification, the proposal shall be processed as a new
binding site plan application.
(2) Prior to issuance of any building permit or other site development permits, including, but
not limited to, clearing and grading permits, a binding site plan may be vacated as a whole
only. Vacating a binding site plan releases all conditions and obligations on the parcel
associated with such plan.A binding site plan may be vacated with the submission to DCD of
a letter of intent to vacate the binding site plan. The letter shall become binding upon its
acceptance by the administrator. If the binding site plan has been recorded with the Jefferson
County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson
County auditor.
(3)After issuance of any building or other site development permits, including,but not limited
to, clearing and grading permits, the process for vacation of all or part of a binding site plan
is identical to the process for initial binding site plan approval. [Ord. 8-06 § 1]
18.35.530 Distribution of copies and filing.
(1) Upon approval, a binding site plan shall follow the procedures of JCC 18.35.420.
(2)After approval of the general binding site plan for commercial or industrial divisions, the
approval for improvements and finalization of specific individual commercial and industrial
lots shall be done by administrative approval. [Ord. 8-06 § 1]
18.35.540 Time limit.
The applicant or owner of the property subject to a binding site plan shall obtain all permits
for the development of a site within five years of its recording under JCC 18.35.530. If the
applicant fails to obtain all permits within five years, no site development permits shall be
issued until the applicant files a new application and obtains binding site plan approval in
accordance with this article. [Ord. 8-06 § I]
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
The applicant or owner of a property subject to a binding site plan having preliminary approval
prior to the initial adoption date of this Unified Development Code (UDC) shall obtain final
approval of the binding site plan within two years of the initial adoption of this code. If the
applicant fails to obtain final binding site plan approval within two years,no site development
56
Appendix A,Exhibit 2 RED LINE VERSlhf,
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
permits shall be issued until the applicant files a new application and obtains binding site plan
approval in accordance with this article. [Ord. 8-06 § I]
18.35.560 Effect of final binding site plan approval.
(1) All provisions, conditions, and requirements of the binding site plan shall be legally
enforceable on the purchaser of any other person acquiring a lease or other legal or property
interest of any lot, tract, or parcel created pursuant to the binding site plan.
(2) Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site
plan, that does not conform to the requirements of the binding site plan, or without binding
site plan approval, shall be considered a violation of this article. [Ord. 8-06 § I]
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
All improvements shall be designed and constructed in conformance with the development
standards contained in this article, as well as Chapter-chapter 18.30 JCC and any standards
incorporated therein. Prior to construction of any improvements, as approved upon the
preliminary plat or binding site plan, the subdivider shall furnish construction plans. These
plans must be prepared, signed, dated and stamped by a Washington State licensed civil
engineer and shall be in accordance with the standards contained in Chapter--chapter 18.30
JCC. The construction plans must be reviewed and approved by the county prior to
construction. [Ord. 8-06 § 1]
18.35.580 Transportation and drainage standards.
(1) Transportation Standards —Generally. All divisions of land covered by this chapter shall
be served by appropriate transportation facilities, including roads and facilities for transit,
pedestrians, and bicycles. Transportation facilities shall be adequate both the serve the
division of land and to avoid adverse effects to the existing transportation system. If
transportation facilities are inadequate, the applicant shall be required to make provision for
all necessary improvements. Transportation facilities shall be deemed adequate if necessary
improvements are planned and designated funding is secured in the Six-Year Transportation
Improvement Program.
(2)Road and Drainage Design and Construction Standards.
(a)All roads serving two or more lots shall comply with the road design and construction
standards specified in JCC 18.30.080;
(b) A drainage analysis shall be performed in conformance with JCC 18.30.070, and
drainage systems shall be designed to the standards set forth in JCC 18.30.060(2) and
18.30.070. [Ord. 8-06 § 1]
18.35.590 Responsibility for road improvements.
Where reasonably necessary to mitigate the direct impacts of the proposed division of land
and/or to meet safety requirements,off-site road improvements may be required as a condition
of approval under this chapter. When required, the applicant shall bear the sole responsibility
to make such off-site road improvements. [Ord. 8-06 § I]
57
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
18.35.600 Health standards.
The following health standards apply to all divisions of land governed by this chapter:
(1) Water. All divisions of land shall comply with the requirements established by the
Jefferson County department of health for the provision of water;
(2)Wastewater Disposal.All divisions of land shall comply with the requirements established
by the Jefferson County department of health for wastewater disposal; and
(3) Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical
aquifer recharge areas. All divisions of land shall meet the regulations for critical aquifer
recharge areas contained in Article VI-E of chapter 18.15 JCC. [Ord. 8-06 § 1]
18.35.610 Fire and utility standards.
All divisions of land governed by this chapter shall meet the fire protection and improvement
standards adopted by Jefferson County. [Ord. 8-06 § 1]
18.35.620 Plan review, inspection and fees.
The department of community development and department of public works are responsible
for reviewing all engineering drawings and for the supervision, inspection and acceptance of
all subdivision improvements, and shall charge the subdivider the applicable fees as set forth
in the Jefferson County fee ordinance. [Ord. 8-06 § 1]
18.35.630 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted, such guarantee shall be
released in accordance with the development standards contained in Ehapter-chapter 18.30
JCC. [Ord. 8-06 § 1]
18.35.640 Floods and flood control.
The county may disapprove a proposed subdivision because of flood, inundation or regulated
wetlands if the county finds that such condition poses a threat to the public health, safety or
general welfare. Where any portion of the proposed subdivision lies within both a flood
control zone, as specified by Chalkchapter 86.16 RCW, and either the 100-year floodplain
or the regulatory floodway, the county shall impose a condition on the preliminary plat
requiring the subdivider to conform to the Federal Emergency Management Agency(FEMA)
flood hazard requirements.In such cases,no development permit associated with the proposed
subdivision shall be issued by the county until said FEMA requirements have been met.Where
feasible,the county may require that all lots and/or building envelopes be located outside the
100-year floodplain.The county may also require dedication of land to any public body and/or
the construction of improvements and may impose other conditions necessary to protect
against flooding or inundation. [Ord. 8-06 § 1]
18.35.650 Additional requirements.
The standards or requirements established in this chapter and Chapterchapter 18.30 JCC are
minimum requirements. These standards may be increased and additional requirements may
be imposed for the purpose of mitigating identified probable significant adverse
environmental impacts pursuant to the State Environmental Policy Act (SEPA),
Eh �tffchapter 43.21C RCW, as now established or hereafter amended. Such additional
requirements may include, but are not limited to, off-site improvements to any public facility,
58
Appendix A,Exhibit 2
Jefferson County Code RED LINE VERSION
Chapter 18.35 LAND DIVISIONS
the dedication and/or improvement of parks and open spaces, and contributions to any county
fund established to finance the provision of public services required by subdivision. [Ord. 8-
06 § 1]
18.35.660 Phased subdivision.
Preliminary plat approval must be granted for the entire subdivision and must delineate the
separate divisions that are to be developed in phased increments. Where the preliminary plat
approval is conditioned upon completion of the proposed phases in a particular sequence, the
preliminary plat approval shall specify a completion date for each phase. Final plat approval
may be granted for each separate phase of the preliminary plat.Any changes at the preliminary
plat stage will require approval in accordance with JCC 18.35.340. [Ord. 8-06 § 1]
Article VII. Plat Alteration
18.35.670 Purpose.
(1) To allow modifications to approved short plats, binding site plans, and subdivisions
including:
(a) The creation of additional lots within an existing subdivision or short plat resulting in
four or fewer lots within five years of final approval;
(b) Revision of lot lines, notes, notice to purchasers, or easements established in a
recorded plat;
(c) Vacation, in whole or in part, of a subdivision, binding site plan, mobile home park,
RV park, short subdivision, or large lot subdivision.
(2) This section does not apply to alteration or replatting of any plat of state-granted tide or
shore lands. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.35.680 Application submittal and contents.
To be considered complete, applications for plat alterations shall include the following:
(1)Applications for plat alterations shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of
community development, along with the appropriate fees established under the Jefferson
County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant
Ito Ghapterchapter 18.40 JCC;
(3) Current title company certification/plat certificate.
(a) For a plat vacation, signatures of all parties having an ownership interest, including
deeds of trust, in that portion of the short plat, long plat, or binding site plan subject to the
proposed vacation; or
(b) For a plat alteration or replat, signatures of a majority of those parties having an
ownership interest, including deeds of trust, of the lots, tracts, parcels, sites or divisions
in the subject short plat, long plat or binding site plan, or portion to be altered; or
59
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
(c) For a plat alteration affecting open space, easements, or public or private rights-of-
way signatures of all parties that make use of the portion being altered;
(4) A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions,
easements,planned rural residential development(PRRD)agreements,or other encumbrances
restricting the use of the property;
(5) Five paper copies of the plat map and any surveys of record, with proposed alteration(s)
or vacation(s) depicted in red ink. [Ord. 8-06 § I]
18.35.690 Review process and criteria.
(1) An application for a plat amendment shall be processed according to the procedures for
Type II land use decisions established in Chapterchapter 18.40 JCC and the criteria listed in
RCW 58.17.215-9
(2)Notice shall be given to the affected parties, a public hearing may be requested by a person
receiving notice within 14 days of receipt of notice. When a public hearing is requested the
application shall be processed according to the procedures for Type III decisions established
in C-haptercha ter 18.40 JCC and the criteria listed in RCW 58.17.215-9
(3) The administrator shall solicit comments from the director of the department of public
works, the chief of the fire district in which the proposal is located, local utility providers,
sheriff,building official, school district in which the proposal is located,adjacent jurisdictions
if the proposal is within one mile of a city or other jurisdiction, Washington State Department
of Transportation if the proposal is adjacent to a state highway, and any other local, state or
federal officials as may be necessary;
(4) Based on comments from county departments, applicable agencies and other information,
the administrator shall review the proposal subject to the criteria contained in this section. A
proposed plat amendment shall only be approved when consistent with all the provisions of
JCC 18.35.690 and RCW 58.17.215. [Ord. 8-06 § 1]
Arrrtiel N7111. BeandaFy Line Agreements
18.35.700 Purpose.
M Purpose and Pepe:The purpose of this article is to provide procedures and^,. for-the
review and appreval of d;,��to bed lines through agfeement. hone Per a point or
Ii-ne detefmining the boundary between two or more parcels of real property eannot be
identified from the eNisting publie reed monuments and landmarks, or is in dispute.
Landowners a€€eeted by the dote.,,..inati of the point or line may resolve any dispute and
fix the boundary point or line by the preeedur-e in this article; in eon€erfnance with RCW
58.04.007.
(2-) T4iis article is not intended to eenflie with applicable state laws or regulations. 4 any
portion of this article eenfliCts with awe state law or regulation, the state law or
regulationshall eentrel over this article: 14-18 §4( B}}
60
Appendix A,Exhibit 2
Jefferson County Code RED LINE VERSION
Chapter 18.35 LAND DIVISIONS
submittal and Contents:
If a point or line deter the boundary between two or more parcels of real property
cannot be identified from the existing public r-eeer-d; monumentsi and landmarks, or is in
dispute, all of the a€-eeted may agree to a deseriptien and marling of a point or
line detemini g a boundary: To apply for- a boundary h*e agreement; the a€€eeted propet:ty
owners shall submit an appheatien for- a boundat-j, line agreement. To be zd a
eemplete application it must include the following.:
(4 Applications for- boundary line agreements shall be made on €orms provided by the
>o�on County department of community develepme;at and shall be submitted to the
department o€eon development-,along with the appr-opFiate fees established under the
ran County €ee —dinanee. The application shall include the signature of all a€€eeted
pr-opefty owner-s;
(2) A completed land use permit applieation, including all materials required pursuant to
Chapter 18.40 3CC;
(3.)Three eopies of a proposed written instFument€er the boundary line agreement, ineluding
appropriate legal deseriptions and a survey;
(4)Three eepies of a clean and legible surer}drawing,, consistent with the Survey Il eeoFding
Act,Chapter 58.09 RCW and Chapter 332-130 suitable€or reeerding;and
(54 T-hfee copies of the existing and proposed legal . ford. 14-18§4(E-xlr l�}}
18.35.720 >D,,., em,pis and r.teria.
(�} The I-e- rsen County department of eemmunity development and ether appropriate
county o€fiees shall review the proposed boundary true agreement application: This rev�iev�
may inelude, but is net limited to, a review of the application, proposed legal ,
surveys), vffiaea instmment,and eemplianee with this article and applicable legal and state
laws or rules.
(2) Upon review in. , .1, the agreement shall be r-eeeFded with the e r-sem Count.
auditor- ..r-d nee with /'hapto..g to.. G4 09 D!'W
(J) An application for a—boundary lino agreement shall be pr-eeessed aeeer-dingt tl.
proEedureSfer-4�ype 1 land use decisions-established-in Chapter: apse A-49 XG rn a 14
Article VIII. Boundary Line Agreements
(Repealed)
Article IX Unit Lot Subdivisions
18.35.800 Purpose and Applicability.
1. Purpose.
61
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
The rip mart' purpose of these provisions is to establish a process which allows greater
flexibility in the development of single-family detached and attached housing on lots which
do not strictly conform to the development standards of chapters 18.18 and this title. For
single-family attached and townhouse dwellings, the intent is to apply only those site
development standards applicable to the parent site as a whole, rather than individual lot
standards. For single-family detached dwellings, these standards are intended to provide an
alternative to the traditional method of land division for creating sellable lots for townhouse,
and cottage housing developments
2. Scope.
The provisions of this chapter apply exclusively to the unit lot subdivision of land for single-
family attached and detached housing in the Irondale and Port Hadlock Urban Growth Area
P� HUGA)where such uses are allowed.
3. Applicability.
41.Single -Family Attached and Townhouse Unit Lot Development. The provisions of
this chapter apply to the division of land for single-family attached dwelling
developments in zones that allow this use. To use this process, a development shall
have a minimum of two single-family attached units.
42.Single-Family Detached and Cottage Housing_ This process may be used as an
alternative to a conventional subdivision or short subdivision and shall be permitted in
Apy residential zone allowing for the development of single-family detached dwellings.
To use this process, developments shall contain at least two single-family detached
dwellings.
4. Approval Process.
Unit lot subdivisions of four or fewer lots shall be processed in the same manner as short plats_,
as a Tvpe II permit pursuant to E-kapte�chapter 18.35 Article III. Unit lot subdivisions of five
or more lots shall be processed as long subdivisions, as a Tvpe III permit pursuant to
!chapter 18.35 Article IV.
5. Site Development Plan Approval Required.
All developments using the unit lot subdivision process are required to submit a site
development plan for review and approval as pgrt of the land division application. The site
plan must demonstrate compliance with the applicable regulations of chapters 18.18 and this
title.
18.35.810 Unit lot subdivision standards applicable to all developments.
All applications for unit lot subdivisions or short subdivisions shall be considered under the
following standards of chapters 18.18, this title, and where applicable:
• E#apterchapter 18.05 =Introductory Provisions;
• ChMAerchapter 18.10—Definitions,
62
Appendix A,Exhibit 2 RED LINE VERSION
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
• chapter 18.15 _Land Use Districts;
• C-h%pterchapter 18.19 = Transitional Rural Development Standards of the Irondale/Port
Hadlock Urban Growth Area;
• C-hapterchapter 18.20=Performance and Use-Specific Standards;
• Ehffl2terchapter 18.22=Critical Areas;
• chapter 18.25 = Shoreline Master Program;
• ghapter 18.30=Development Standards;
• E3 a hapter 18.35 =Land Divisions
• Eha 1gNhapter 18.40 = Permit Application and Review Procedures/SEPA
Implementation
• Comprehensive Plan and GMA Implementing Regulations Amendment Process.
18.35.820 Unit lot subdivision standards_single-family attached and townhouse.
A. Development on individual unit lots within the unit lot subdivision need not conform to
the minimum lot area or dimensional standards of�erchapter 18.18, provided that
overall development of the parent site meets the development and design standards of
the underlying zoning and the requirements of this section. There shall be no minimum
required lot area for individual lots for attached dwellings, provided the area of the unit
lot shall be large enough to contain the dwelling unit and any accessory structures,decks,
fences, garages, driveways, private yard areas, parking, landscaping or other
improvements that are accessory to the dwelling unit; provided further, so long as
conforming to the approved site development plan, such accessory improvements may
encroach upon or be located in an adjoining unit lot or common area pursuant to an
appropriate easement.
B. Overall development of the parent site shall meet the development and design standards
of the underlying land use district.
C. Access easements,joint use and maintenance agreements, and covenants, conditions and
restrictions CC&Rs identifying the fights and responsibilities of propeM owners
and/or the homeowners' association must be executed for use and maintenance of
common garage, parking and vehicle access areas, underground utilities, stormwater
treatment and/or detention facilities, common open space, exterior building facades and
roofs,and other similar features,and must be recorded with the Jefferson Coup auditor.
18.35.830 Ownership of common areas.
Portions of the parent site not subdivided for individual unit lots or not dedicated to the counly
as public streets or public utili systems shall be owned in common by the owners of the
individual lots within the subdivision,by a homeowners' association comprised of the owners
63
Appendix A,Exhibit 2
Jefferson County Code
Chapter 18.35 LAND DIVISIONS
of the individual unit lots within the subdivision or by a qualified organization managing the
development.
18.35.840 Building Setbacks.
Building setbacks shall be as re uired for the zone as applied to the underlying parent site as
a whole. There shall be no setback re uired from unit lot lines which are interior to the
perimeter of the parent site; provided, however, that any structure located upon a unit lot
created hereunder shall comply with the setbacks applicable to the approved site development
plan.
18.35.850 Building and occupancy permits=Issuance after final unit lot plat approval.
39.No building permit for a structure other than a temporary contractor's office or
temporary storage building shall be issued for a lot or parcel within an approved unit lot
subdivision until the applicant complies with all requirements of the final plat approval.
40.No occupancy permit for a structure other than a temporary contractor's office or other
approved temporary buildin shall be issued for a structure on a lot or pgLcel within an
approved unit lot subdivision prior to final inspection and approval of all required
improvements which will serve such lot or parcel,to the satisfaction of the public works
director and counly building official.
18.35.860 Transfer of ownership following final unit lot plat approval.
Whenever M parcel of land 1 in within the counly is divided under the provisions of this
chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or
transfer, aM such lot tract or pgLcel without having first had an approved final plat for such
subdivision or short plat filed for record. It is the responsibility of the applicant to ensure that
a final plat is fully certified and filed for record with the Jefferson Coup auditor prior to
transferring ownership of any land.
64
Appendix A,Exhibit 3
Jefferson County Code RED
AWE VE14S►ON
Chapter 18.10 DEFINITIONS
-Chapter 18.10
DEFINITIONS
Sections:
18.10.001 Scope.
18.10.005 Interpretations.
18.10.010 A definitions.
18.10.020 B definitions.
18.10.030 C definitions.
18.10.040 D definitions.
18.10.050 E definitions.
18.10.060 F definitions.
18.10.070 G definitions.
18.10.080 H definitions.
18.10.090 I definitions.
18.10.100 J definitions.
18.10.110 K definitions.
18.10.120 L definitions.
18.10.130 M definitions.
18.10.140 N definitions.
18.10.150 O definitions.
18.10.160 P definitions.
18.10.170 Q definitions.
18.10.180 R definitions.
18.10.190 S definitions.
18.10.200 T definitions.
18.10.210 U definitions.
18.10.220 V definitions.
18.10.230 W definitions.
18.10.240 X definitions.
18.10.250 Y definitions.
18.10.260 Z definitions.
18.10.001 Scope.
This chapter contains definitions of technical and procedural terms used throughout this code.
[Ord. 8-06 § 1]
18.10.005 Interpretations.
(1) For the purpose of this code, all words shall have their normal and customary meanings,
unless specifically defined otherwise in this chapter. In general, words used in the present
tense shall include the future; the singular shall include the plural; and the plural the singular.
The words "shall," "must," "will," "may not," and "no... may" are always mandatory. The
word "should" indicates that which is recommended but not required. The word "may"
indicates a use of discretion in making a decision. The word "used" includes "designed,
65
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
intended,or arranged"to be used. The masculine gender includes the feminine and vice versa.
References to"distance"means distance as measured horizontally unless otherwise specified.
(2) All definitions which reference the Revised Code of Washington (RCW), Washington
Administrative Code (WAC), and International Building Code (ICODE) are intended to
mirror the definitions in these codes at the effective date of the ordinance codified in the
Unified Development Code (this code) or as amended. If the definition in this code conflicts
with a definition under state law or regulation, the state definition shall control over this
definition.
(3) These definitions are not intended to establish regulations. [Ord. 8-06 § 1]
18.10.010 A definitions.
"Abandon"means to terminate the use of a structure by an affirmative act, such as changing
to a new use; or to cease,terminate,or vacate a use or structure through nonaction. Except for
ongoing agricultural activities, there shall be a presumption that a use has been abandoned if
it is not undertaken, utilized, implemented or performed for a period of two years.
"Abutting"means adjoining with a common boundary line or any portion thereof.
"Accessory dwelling unit"means an additional dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure on the same lot as the
main structure, for use as a complete, independent living facility with provisions within the
accessory dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be
considered an accessory use to the main dwelling and be clearly subordinate to the main
dwelling.
"Accessory use" means use of land or of a building or portion thereof incidental and
subordinate to the principal use or building and located on the same lot with the principal use.
"Accessory uses (to agriculture)" mean uses accessory to agriculture that support, promote,
or sustain agricultural operations and production, as provided in JCC 18.20.030.
"Accumulative short subdivision"means multiple short subdivision of contiguous land under
common ownership. "Ownership," for purposes of Chapterchapter 18.35 JCC, means
ownership as established at the date of the initial short subdivision approval. Ownership by
persons related by blood or marriage where an interfamily land conveyance has occurred
within two years of making application for short subdivision approval shall be construed to
be common ownership.
"Acre"means a unit of measure of land area which consists of 43,560 square feet.
"Adequate" means acceptable but not excessive.
"Adequate capacity(adequate capital or public facilities)"means capital facilities and services
that have the capacity available to serve development at the time of occupancy or use without
decreasing levels of service (LOS) below the standards set forth in the Comprehensive Plan.
"Adequate capacity" also includes a financial commitment that is in place to complete the
improvements, or noncapital strategies,necessary to provide a specific level of service within
66
RED LINE VERSION
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
six years. (See also "Available capital facilities (available capacity)," "Concurrency,""Level
of service(LOS).")
"Adjacent" means (in addition to abutting) that which is near or close; for example, an
industrial district across the road or highway from a commercial district shall be considered
as "adjacent."
"Adjacent lands, shoreline" means lands adjacent to the shorelines of the state (outside of
shoreline jurisdiction). See RCW 90.58.340.
"Administrator"means the Jefferson County department of community development director
or a designated representative.
"Adverse"means contrary to one's interest or welfare; harmful or unfavorable circumstances.
"Adverse impacts" means a condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development
or on off-site property or facilities or on wildlife or wildlife habitat.
"Affordable housing"means those housing units available for purchase or rent to individuals
or families with a gross income between the federally recognized poverty level and the median
income for working families in Jefferson County; and whose costs, including utilities, would
not exceed 30 percent of gross income.
"Aggrieved person"means a party of record who can demonstrate the following:
(a) The land use decision will prejudice the person;
(b) The asserted interests are among those the county is required by county code, federal
or state law or regulation to consider in making a land use decision;
(c) The person is a party of record, as defined in JCC 18.10.160; and
(d) A decision on appeal in favor of the person would substantially eliminate or redress
the prejudice alleged to be caused by the land use decision.
"Agricultural activities" has the same meaning as in RCW 90.58.065(2)(a), as it may be
modified in the future, and currently reads "agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and changing
agricultural crops; allowing land used for agricultural activities to lie fallow in which it is
plowed and tilled but left unseeded; allowing land used for agricultural activities to lie
dormant as a result of adverse agricultural market conditions; allowing land used for
agricultural activities to lie dormant because the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement
facility is no closer to the shoreline than the original facility; and maintaining agricultural
lands under production or cultivation."
67
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Agricultural best management practices(BMPs)"means schedules of activities,prohibitions
of practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
"Agricultural checklist" means the checklist required by JCC 18.22.830(1).
"Agricultural land"has the same meaning as in WAC 365-190-030(1).
"Agricultural land of local importance" means land in addition to designated prime
agricultural land that is of local importance for the production of food,fiber, forage,or oilseed
crops. Generally, additional farmlands of local importance include those that are nearly prime
farmland and that economically produce high yields of crops when treated or managed
according to acceptable farming methods. Such farmlands may include areas of commercial
aquaculture.
"Agricultural product or commodity" is defined as follows, except for chapter 18.22
JCC. For all other chapters,"agricultural product or commodity"means any plant or part of a
plant, or animal, or animal product, produced by a producer primarily for sale, consumption,
propagation, or other use by people or animals. For Chapterchapter 18.22 JCC "agricultural
products" are defined in RCW 90.58.065(2)(b).
"Agricultural resource lands (agricultural lands)" means lands that are primarily devoted to
the commercial production of horticultural,viticultural, floricultural, dairy, apiary, vegetable,
or animal products or of berries, grain, hay, straw,turf, seed, or Christmas trees not subject to
the excise tax imposed by RCW 84.33.100 through 84.33.140, fmfish in upland hatcheries,or
livestock, and that have long-term commercial significance for agricultural production(RCW
36.70A.030(2)).Agricultural resource lands are divided into two land use designations,prime
(AP-20) and local (AL-20), in the Comprehensive Plan.
"Agricultural warehouse (public warehouse)" means any elevator, mill, subterminal grain
warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is
used or usable for the storage of agricultural products, and in which commodities are received
from the public for storage, handling, conditioning, or shipment for compensation. The term
does not include any warehouse storing or handling fresh fruits or vegetables, any warehouse
used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons
of an agricultural commodity for compensation.
"Agriculture" means the science, art, and business of producing crops, or raising livestock;
farming.
"Agriculture, existing and ongoing" is defined as follows, except for Chapter-chapter 18.22
JCC which is governed by the definition of"agricultural activities." For all other chapters,
"agriculture, existing and ongoing"means any agricultural activity conducted on an ongoing
basis on lands enrolled in the open space tax program for agriculture or designated as
agricultural lands of long-term commercial significance on the official map of Comprehensive
Plan land use designations; provided, agricultural activities were conducted on those lands at
any time during the five-year period preceding April 28, 2003. Agricultural use ceases when
the area on which it is conducted is converted to a nonagricultural use.
68
Appendix A,Exhibit 3
Jefferson County Code RED LINE VERSION
Chapter 18.10 DEFINITIONS
"Agriculture, new" is defined as follows, except for Chapter-chapter 18.22 JCC which is
governed by the definition of"agricultural activities." For all other chapters, "agriculture,
new"means agricultural activities proposed or conducted after April 28,2003, and that do not
meet the definition of"existing and ongoing agriculture."
"Agritourism"means agriculturally related accessory uses designed to bring the public to the
farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm
products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides,
farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc.
"Airport"means an area of land or facility publicly owned and open to general public use for
aircraft operations, except any airfield or airstrip as defined herein. An airport may include
related services and facilities.
"Airstrip"means a privately owned area of land, closed to the public, and restricted to use by
the owner primarily for noncommercial aircraft operations and,on an occasional basis,invited
guests of the owner or for emergency purposes.
"Allowable outright use"means land uses and activities which are exempt from the provisions
of this Unified Development Code.
"Allowed use ("Yes" use)" means uses allowed subject to the provisions of this code,
including meeting applicable performance and development standards; if a building, or other
development permit (e.g., stormwater permit) is required, the use is subject to the project
review and approval process.
"Alteration,nonconforming structures"means any change or rearrangement in the supporting
members of existing buildings, such as bearing walls, columns, beams, girders, or interior
partitions, as well as any changes in doors, windows, means of egress or ingress or any
enlargement to or diminution of a building or structure, horizontally or vertically, or the
moving of a building from one location to another. This definition excludes normal repair and
maintenance, such as painting or roof replacement, but includes more substantial changes.
"Alteration, nonconforming use" means the expansion, modification or intensification of a
use that does not conform to the land use regulations of the UDC.
"Animal feeding operation(AFO)"means agricultural enterprises where animals are kept and
raised in confined situations.AFOs congregate animals, feed,manure and urine, dead animals
and production operations on a small land area. Feed is brought to the animals rather than the
animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. The formal
definition in federal regulations is "a lot or facility (other than an aquatic animal production
facility)where the following conditions are met:(1)animals(other than aquatic animals)have
been, are or will be stabled or confined and fed or maintained for a total of 45 days or more
in any 12-month period, and (2) crops, vegetation, forage, growth, or post-harvest residues
are not sustained in the normal growing season over any portion of the lot or facility." (40
CFR 122.23(b)(1))
69
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Animal feeding operation, concentrated (CAFO)"means an AFO that is defined as a"large
CAFO" or as a "medium CAFO" according to federal regulations or that is designated as a
CAFO by the permitting authority. Two or more AFOs under common ownership are
considered to be a single AFO for the purposes of determining the number of animals at an
operation, if they adjoin each other or if they use a common area or system for the disposal of
wastes. (40 CFR 122.23(b)(2))
"Large CAFO"means an AFO that meets or exceeds one of the following thresholds: 700
mature dairy cows; 1,000 beef cattle or heifers; 2,500 swine (each 55 pounds or more);
10,000 swine (each under 55 pounds); 1,000 veal calves; 500 horses; 10,000 sheep or
lambs; 55,000 turkeys; 30,000 ducks (other than liquid manure handling systems); 5,000
ducks (liquid manure handling systems); 30,000 chickens (liquid manure handling
systems); 125,000 chickens, except laying hens (other than liquid manure handling
systems); 82,000 laying hens (other than liquid manure handling systems).
"Medium CAFO" means an AFO where either a manmade ditch or pipe carries manure
or wastewater from the operation to surface water or animals come into contact with
surface water running through the area where they are confined; and the operation meets
or exceeds the following thresholds: 200 mature dairy cows; 300 beef cattle or heifers;
750 swine (each 55 pounds or more); 3,000 swine (each under 55 pounds); 300 veal
calves; 150 horses; 3,000 sheep or lambs; 16,500 turkeys; 10,000 ducks(other than liquid
manure handling systems); 1,500 ducks(liquid manure handling systems);9,000 chickens
(liquid manure handling systems); 37,500 chickens, except laying hens (other than liquid
manure handling systems); 25,000 laying hens (other than liquid manure handling
systems).
"Animal commercial kennel or cattery"means a kennel where five or more adult dogs or cats
are boarded, bred or trained for compensation. Commercial kennels exceed the number of
animals allowed by a hobby kennel, regardless if compensation is received for services.
Commercial kennels or catteries do not including a small animal hospital or clinic, pet shop
or shelter. (See also "Animal shelter" and"Animal hobby kennel.")
"Animal hobby kennel" means a noncommercial kennel at or adjoining a private residence
where five or more adult dogs, cats or combination thereof are kept for purposes other than
breeding as a primary interest, such as for hunting or organized field trials, obedience or
confirmation competition. Hobby kennels exceeding 10 dogs, cats or combination thereof
shall be subject to the provisions of a commercial kennel.
"Animal shelter" means a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals. Shelters are owned,operated or maintained by a public body,
established humane society, animal welfare society, society for the prevention or cruelty to
animals or other nonprofit organization devoted to the welfare, protection and humane
treatment of animals. Shelters also include facilities for the rehabilitation of wildlife.
"Appeal" means a request by an applicant or citizen that a decision made pursuant to this
UDC be reviewed for its correctness and legality by another person, agency or court of law
having jurisdiction to hear such an appeal.
70
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
Appeal, Open Record. (See"Open record hearing.")
"Applicant" means the owner or owners of record of the property subject to a project permit
application under this code, or authorized representative thereof.
"Application"means the forms, plans and accompanying documents required for any project
permit approval under this code.
"Approving authority" means either the administrator, as defined in this UDC, the Jefferson
County hearing examiner or the Jefferson County board of commissioners, depending on the
type of permit process or decision specified in the applicable portion of this UDC.
"Aquaculture"means the farming or culturing of aquatic organisms.
"Aquifer" means a body of permeable saturated rock material or soil capable of conducting
groundwater.
"Aquifer recharge areas"means lands through which precipitation and surface water infiltrate
the soil and are transmitted through rocks and soil to create groundwater storage.
"Archaeological" means having to do with the scientific study of material remains of past
human life and activities.
"Archaeological site"means an area of ancestral human use such as middens, burial grounds,
and earthworks.
"Area"means the size of a parcel of land, as expressed in square feet or acres to two decimal
places. When a public road right-of-way lies within a tract of land otherwise in contiguous
ownership, area within the right-of-way may be included in gross area for the purpose of
calculating maximum allowable density. When public road right-of-way abuts a tract of land,
area to the centerline may not be included in the gross area of the parcel for this purpose.
"Area, nominal" means the approximate area of a parcel of land, such as the aliquot part or
the land area in the assessor's records.
"Area of special flood hazard" means the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year, as indicated on the flood
insurance rate maps (FIRMS).
"Assembly facility" means a facility designed and used for the gathering of people, or in
which they may come together in a body, such as a meeting hall, community club or center,
church, etc. (See also "Community structure" and"Religious assembly facility.")
"Assessor's parcel number" means a geocoding number assigned by the assessor's office for
property tax assessment purposes only.
"Automobile service station and repair"means any building, land area,or other premises used
for the retail dispensing or sales of vehicular fuels and the servicing or repair of automobiles.
"Automobile wrecking and salvage yards" means an outdoor area used for the wrecking,
storage, and recycling/salvage of vehicles for scrap metal and/or parts. (See"Junk yard.")
71
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Available capital facilities (available capacity)" means capital facilities or services that are
in place ("existing capacity"), or for which a financial commitment is in place to provide the
facilities or services within a specified time ("planned capacity"). "Available capacity"
consists of existing plus planned capacity. (See also "Adequate capacity (adequate capital or
public facilities),""Concurrency," and"Level of service (LOS).")
"Average vehicular trips"means the average number of all vehicles entering or leaving a site
during a defined period. [Ord. 5-20 § 3 (Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4
(Exh. B); Ord. 8-06 § 1]
18.10.020 B definitions.
"Backstop" means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
"Baffles"means barriers constructed to contain bullets or to reduce,redirect or suppress sound
waves.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in
any given year; also known as the"100-year flood," as shown on the FIRM maps.
"Base flood elevation" means the elevation for which there is a one percent chance in any
given year that flood levels will equal or exceed it.
"Bed and breakfast inn" means a hospitality commercial use containing four to six lodging
units without cooking facilities, which provides overnight accommodation and meals in a
proprietor-occupied or owner-occupied existing single-family residence and additional legal
structures or up to 10 lodging units in an existing historic structure.
"Bed and breakfast residence" means a hospitality commercial use containing one to three
lodging units without cooking facilities,which provides overnight accommodation and meals
in an owner-occupied existing single-family residence.
"Berm" means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
"Best available science" means with regard to designating and protecting critical areas, best
available science refers to the utilization of the most current, widely accepted scientific data,
research, studies and/or reports in making land use and policy decisions. (See WAC 365-195-
900.)
"Best management practices (BMP)" means systems of practices, schedules of activities,
prohibitions, maintenance procedures, and management measures that prevent or minimize
adverse impacts to the environment.
Best Management Practices, Agricultural. (See "Agricultural best management practices
(BMPs).")
"Binding site plan"means a drawing to appropriate scale that:
72
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
(a)Identifies and shows the areas and locations of all roads, improvements,utilities, open
space, and any other matters specified by local regulations;
(b) Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by Jefferson County; and
(c) Contains provisions requiring that any development be in conformity with the site
plan.
"Block"means a group of lots,tracts or parcels within well-defined and fixed boundaries.
"Board (BOCC)" means the board of county commissioners for Jefferson County. Also
referenced as board of commissioners or county commissioners.
"Boat building and repair, commercial" means a commercial establishment where boats are
constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon.
"Boundary line adjustment" means the relocation or other adjustment of the boundaries of a
lot, tract or parcel, in which the relocation neither results in the creation of any additional lot,
tract or parcel nor results in creation of any lot, tract or parcel which is more nonconforming
or insufficient in area or dimension.
"Buffer" means an area that is intended to protect the functions and values of critical areas.
Protecting these functions and values includes the preservation of existing native and
nonnative vegetation where it exists, unless otherwise required to be replaced with native
vegetation through mitigation or voluntarily enhanced or restored.
"Buffer zone, strip, or area" means an area designed to separate incompatible uses or
activities.
Buildable Lot. (See"Lot, buildable.")
"Building envelope"means:
(a)A three-dimensional space in which a building or structure may be built;
(b) A plat restriction for the purpose of defining building coverage areas for individual
lot, or for describing shoreline building setbacks;
(c) The buildable area of a lot, tract or parcel after applicable setbacks, easements and
other restrictions on the lot,tract or parcel are taken into account.
"Bulk plant or terminal facility" means that portion of a property where flammable or
combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle and are
stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline,
tank car, tank vehicle, portable tank or container(cf. International Fire Code).
"Bullet" means a single projectile fired from a firearm. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20
§ 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
73
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
18.10.030 C definitions.
"Calendar day"means any day of the week, including weekends and holidays. When used for
computing time,the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
"Campground and camping facilities"means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
"Capital facilities"means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
"Capital improvements" means improvements to land, structures, initial furnishings, and
selected equipment.
"Caretaker residence"means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
"CC&Rs"means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in
accordance with Chapterchapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the
county.
"Certificate of occupancy or use"means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
"Certified feed lot" means any place, establishment, or facility commonly known as a
commercial feed lot, or the like, which complies with all of the requirements of
Eha Aefchapter 16.58 RCW and associated rules and which holds a valid license from the
state.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. "Channel
migration zone"means the historic channel migration zone(which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area(which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
"Channel migration zone"does not include disconnected migration areas,which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities built above or constructed to
74
Appendix A,Exhibit 3
Jefferson County Code aED uNF vERSiOn�
Chapter 18.10 DEFINITIONS
remain intact through the 100-year flood elevation),that are no longer available for migration
by the river. "Channel migration zone" may exclude areas that lie behind a lawfully
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. "High channel migration hazard" (or high risk
CMZ)for the Big Quilcene,Little Quilcene,Dosewallips,Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
"moderate channel migration hazard" (or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
"low channel migration hazard" (or low risk CMZ)means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame.For the Lower Hoh River,
"moderately high hazard" (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
"moderate hazard" means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame, and"low hazard"means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
"Clearing" means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including,but not limited to,root material or topsoil material.
"Cluster development" means a development design technique that groups or "clusters"
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
"Co-housing (intentional communities)" means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M of Ghapterchapter 18.15 JCC, Planned
Rural Residential Developments (PRRDs), where applicable.
"Commercial communication towers" means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
"Commercial kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
"Commercial recreational facility" means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
"Commercial shooting facility"means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
to the public, open only to private membership, or any combination of the above that for the
75
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term "commercial shooting facility" does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b)Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner's guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
"Commercial sign" means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
"Commercial use"means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
"Common area"means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
"Common open space"means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
"Community structure" means a structure which is intended for the common use of the
residents of a particular subdivision or community.
"Compatible" means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
"Comprehensive Plan" means the Jefferson County Comprehensive Plan and all of its goals,
objectives, policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to
Chapterchapter 36.70A RCW.
Concentrated Animal Feeding Operation (CAFO). (See "Animal feeding operation,
concentrated(CAFO).")
76
Appendix A,Exhibit 3
RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Concurrency"means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
development occur. (See also "Adequate capacity (adequate capital or public facilities),"
"Available capital facilities (available capacity)," and"Level of service (LOS).")
"Conditional use" means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
"Conditional use permit"means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
"Condominium"means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with Chapter--chapters 64.32 and 64.34 RCW. Condominiums are
not confined to residential units, such as apartments, but also include offices and other types
of space in commercial buildings.
"Conservation district"means a"special purpose district,"like a fire district or school district,
organized in accordance with Chapterchapter 89.08 RCW for the purpose of providing
assistance to landowners for the conservation of renewable resources.
"Construction/contractor yards and offices"means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See"Applicant.")
"Convenience store" means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
"Cottage Housing" means residential units on a lot with a common open space that is owned
in common.
"Cottage industry" means a commercial or manufacturing activity conducted in whole or in
part in either the resident's single-family dwelling unit or in an accessory building, but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
scale commercial or industrial activity,including fabrication,with limited retail sales,that can
be conducted without substantial adverse impact on the residential character in the vicinity.
"County"means Jefferson County, Washington, its board, commissions, and departments.
"Critical aquifer recharge areas"has the same meaning as in WAC 365-190-030(3).
77
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Critical area buffer"means any buffer required by Chapter-chapter 18.22 JCC.
"Critical areas"has the same meaning as in WAC 365-190-030(4).
"Critical habitat" means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
"Cul-de-sac"means a road closed at one end by an area of sufficient size for turning vehicles
around.
"Current use"means the use of land or improvements at the time of permit application.
"Custom meat facility" means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
"Custom slaughtering establishment" means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx.A); Ord. 12-19 §4(APpx. C); Ord. 14-18 § 4(Exh. B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 11
18.10.040 D defmitions.
"Day care, commercial"means a person or agency that provides care for 13 or more children
during part of the 24-hour day (RCW 74.15.020).
(1)"Home day care provider"means a state-licensed day care provider who regularly provides
day care for not more than 12 children in the provider's home in the family living quarters
(RCW 74.15.020).
(2) "Child day care center" means a person or agency providing care during part of the 24-
hour day to 12 or fewer children in a facility other than the family abode of the person or
persons under whose direct care the children are placed (RCW 35.63.170).
"Days, calendar" means so many days computed according to the course of the calendar. In
computing comment and appeal periods under this code, if the last day so computed is a
Saturday, Sunday or legal holiday,the comment or appeal period shall run to the next business
day.
"DCD"means the Jefferson County department of community development.
"Dedicate" means to set aside a piece of real property, a structure, or a facility for public or
private use or ownership.
"Dedication"means a deliberate appropriation of land by its owners for any general and public
uses,reserving to the owner/dedicator no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property has been devoted.
"Degrade" means to scale down in desirability or salability, to impair in respect to some
physical property or to reduce in structure or function, in terms of Jefferson County standards
and environment.
"Density"means the quantity per unit area, such as the number of dwelling units per acre.
78
Appendix A,Exhibit 3 RED SINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Design capacity"means the theoretical or calculated maximum ability of a system or device
to handle the duty for which it is to be used.
"Developable area" means the area of land which is not constrained from development by
land use restrictions.
"Development" means the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or any
extension of the use of land; dredging, drilling, dumping, filling, earth movement, clearing or
removal of vegetation, forest practice activities that are being conducted as a part of a
conversion from forestry to non-forestry use,storage of materials or equipment in a designated
floodway, or other site disturbance, which either requires a permit, approval, review, or
authorization from the county or is proposed by a public agency.
"Development application"means an application for a development permit.
"Development envelope" means the portion of a lot which may be used for development. A
development envelope must include space for utilities, driveways, and any other
improvements necessary to complete development.As applied to a buildable lot for residential
purposes,the development envelope is the portion of a lot that may contain a dwelling(s) and
accessory structures.
"Development permit"means any permit issued by Jefferson County allowing development.
"Development regulation or regulations" means the controls placed on development or land
use activities, including, but not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances, together with any amendments
thereto. A development regulation does not include a decision to approve a project permit or
project permit application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county (RCW
36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not
include ordinances or regulations that address administrative processes and procedures related
to land use planning, interim or emergency ordinances, moratorium ordinances, or remand
actions from state administrative boards or courts of law.
"Development right" means the right to develop property subject to federal, state, and local
restrictions and regulations.
"Director" means, unless otherwise specified, the director of the county's department of
community development(DCD) or the director's designee.
"Discretionary use"means all unnamed and certain named uses in Table 3-1 in JCC 18.15.040
which, subject to the administrative review and classification criteria set out in Chapter-chapter
18.15 JCC, may be classified by the administrator as an allowed outright "Yes" use, a
conditional "C" use or a prohibited "No" use in the applicable district for which the use is
proposed.
79
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"District"means a part,zone,or geographic area within Jefferson County within which certain
development regulations apply.
"Disturbed area"means any place where activities clearly in preparation for,or during,surface
mining have physically disrupted, covered, compacted, moved, or otherwise altered the
characteristics of soil, bedrock, vegetation, or topography that existed prior to such activity.
Disturbed areas may include but are not limited to: working faces, water bodies created by
mine-related excavation,pit floors,the land beneath processing plant and stock pile sites,spoil
pile sites, and equipment staging areas. Disturbed areas shall also include aboveground waste
rock sites and tailing facilities, and other surface manifestations of underground mines.
Disturbed areas do not include surface mine access roads in mineral resource land
designations unless these have characteristics of topography, drainage, slope stability, or
ownership that, in the opinion of the department of natural resources, make reclamation
necessary, lands that have been reclaimed to all standards outlined in this chapter,rules of the
department of natural resources, any applicable SEPA document, and the approved
reclamation plan, and subsurface aspects of underground mines, such as portals, tunnels,
shafts, pillars, and stopes.
"Division of land" means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership (see Ehapter-chapter 18.35 JCC).
DOT. (See"WADOT" or"WSDOT.")
"Drainage" means surface water runoff; the removal of surface water or groundwater from
land by drains, grading, or other means, which include runoff controls to minimize erosion
and sedimentation during and after construction or development.
"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar
depression into which surface water flows.
"Dredging"means the removal of earth from the bottom of a stream, river, lake, bay, or other
water body.
"Drinking establishment (lounge)" means a business primarily engaged in the retail sale of
alcoholic beverages for consumption on the premises.A restaurant operated as part of a lounge
is considered to be accessory to the lounge.
"Drive-thru window service" means businesses where patrons may carry on business on the
premises while in a motor vehicle(see also "Mobile food unit").
"Driveway"means a strip of land which provides vehicular access to one or two lots.
Duplex. (See "Dwelling unit,two-family.")
"Dwelling unit" means one or more rooms or structures designed for occupancy by an
individual or family for living and sleeping purposes, containing kitchen facilities and rooms
with internal accessibility, for use solely by the dwelling's occupants.
"Dwelling unit, multiple-family" means one or more structures containing three or more
dwelling units.
80
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Dwelling unit,two-family"(duplex)means a single structure containing two dwelling units.
[Ord. 9-22 § 2 (Appx. A); Ord. 4-19 § 1 (Exh. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.050 E definitions.
"Eating establishment (restaurant)" means a business primarily engaged in the retail sale of
food for consumption on the premises. A lounge operated as part of a restaurant is considered
to be accessory to the restaurant.
"Emergency housing" means temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the
basic health, food,clothing, and personal hygiene needs of individuals or families.Emergency
housing may or may not require occupants to enter into a lease or an occupancy agreement.
"Emergency shelter" means a facilily that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter play not require occupants to enter
into a lease or an occupancy agreement. Emergency shelter facilities may include day and
warming centers that do not provide overnight accommodations.
"Ecology (WDOE)"means the state of Washington Department of Ecology.
"Endangered species" means a species which is in danger of extinction throughout all or a
significant portion of its range, as classified by the Washington Department of Fish and
Wildlife, WAC 232-12-014 and the Washington Department of Natural Resources,
Washington Natural Heritage Plan.
"Environmental checklist" means a form prescribed by the administrator and the state of
Washington to identify the potential environmental impacts of a given proposal.
"Environmental impact statement (EIS)" means a draft, final, or supplemental written
document that reviews the likely significant and nonsignificant adverse and positive impacts
of a proposal, ways to avoid, minimize or lessen the adverse impacts, and alternatives to the
proposal.
"Equestrian center" means uncovered and covered facilities for commercial boarding,
training,teaching,breeding and rental of horses including facilities for shows and competitive
events, and riding trails. This shall not include stables used solely for the private personal use
of the property owner or stables used solely for boarding or breeding of horses.
"Erosion"means the detachment and movement of soil or rock by water,wind, ice, or gravity.
"Erosion hazard areas"has the same meaning as in WAC 365-190-030(5).
"Essential public facilities" means those important and necessary facilities which provide
essential services that are typically difficult to site,such as airports,state educational facilities,
state or regional transportation facilities, state and local correctional facilities, solid waste
handling facilities, and in-patient facilities including substance-abuse facilities, mental health
facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public
facilities or services; they may be, but are not necessarily, publicly owned. Essential public
facilities in Jefferson County include airports, large-scale transportation facilities, solid waste
81
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
handling and disposal facilities, correctional facilities, in-patient treatment facilities including
substance-abuse facilities, and mental health facilities, state-owned educational facilities, and
wastewater treatment plants.
"Excavation"means the mechanical removal of earth.
Exemption(Exception). Reserved.
"Existing use"means the use of a lot or structure or improvements at the time of the enactment
of the Unified Development Code(this code), unless otherwise specified.
Expansion, Nonconforming Use. (See"Intensification, nonconforming use.")
"Extraction" means the commercial removal of naturally occurring materials from the earth,
excluding water. [Ord. 5-20 § 3 (Apex. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.060 F definitions.
"Facility and service provider" means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
"Family"means an individual or two or more persons related by blood or marriage or a group
of not more than five persons living together as a single housekeeping unit and doing their
cooking on the premises as distinguished from a group occupying a boarding house or
rooming house or motel.
"Farm assistance agencies"means federal,state,or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service,the Washington Department of Agriculture,
or the Jefferson County conservation district.
"Farm equipment" for all chapters in this title, except Chopter-chapter 18.22 JCC, includes,
but is not limited to, tractors, trailers, combines, tillage implements, balers, and other
equipment, including attachments and accessories that are used in the planting, cultivating,
irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
"Farm equipment"for purposes of Chapter--chapter 18.22 JCC is governed by the definition of
"agricultural activities."
"Farm plan" means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner's goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
resources such as machinery or buildings and finances available. The terms "conservation
plan" and"farm plan" are interchangeable in this context.
"Farm worker housing"means a place,area,or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
82
RE[)LINE VERSION
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Farmed wetland"means wet meadow, grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
"Feasible alternative"means an alternative that:
(a)Meets the requirements of federal, state, and local laws and regulations;
(b)Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of"upset conditions" (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
"Federal candidate species" means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
"Federal endangered species" means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
"Federal sensitive species" means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
"Federal threatened species" means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
83
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See "Recording.")
"Fill"means any sand, gravel, earth, or other materials of any composition whatsoever placed
or deposited by humans.
"Final plat"means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
Ehap6eafchapter 18.35 JCC and all other applicable codes and ordinances.
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol,"
"rifle," "short-barreled rifle," "shotgun," "short-barreled shotgun," "machine gun," and
"antique firearm" as those terms are defined in RCW 9.41.010. The term "firearm" shall not
include: (a) devices, including but not limited to "nail guns," which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a"destructive device" as defined in 18 U.S.C. Section 921(a)(2).
"Firing line"means a line parallel to the targets from which firearms are discharged.
"Firing point"means a location from which one individual fires at an associated target located
down range.
"Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-
030(6).
"Flood Insurance Rate Map(FIRM)"means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
"Flood or flooding" means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
"Forest land"has the same meaning as in WAC 365-190-030(7).
"Forest management" means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
84
Appendix A,Exhibit 3 RED LINE VFRSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Forest practice,conversion"means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
"Forest practice, conversion option harvest plan(COHP)"means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas,road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class Il, III, or IV special forest
practice permit application, and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
"Forest resource lands" means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production(RCW 36.70A.030(8)).
"Frequently flooded areas"has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.070 G definitions.
"Geologically hazardous areas"has the same meaning as in WAC 365-190-030(9).
"Geotechnical professional" means a person with experience and training in analyzing,
evaluating, and mitigating any of the following: landslide, erosion, seismic, or mine hazards,
or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional
shall be licensed in the state of Washington as an engineering geologist, hydrogeologist, or
professional engineer. In accordance with WAC 196-27-020 and 308-15-140, licensed
engineering geologists, hydrogeologists, and professional engineers shall affix their
signatures or seals only to plans or documents dealing with subject matter in which they are
qualified by training or experience.
"Grade, existing" means the elevation of the ground or site prior to any work being done or
any changes being made to the ground or site.
"Grade, finished" means the final elevation of the ground level after development.
"Grade plane" means a reference plane representing the average of the finished ground level
adjoining the building at all exterior walls. Where the finished ground level slopes away from
the exterior walls,the reference plane shall be established by the lowest points within the area
between the building and the lot line or, where the lot line is more than six feet from the
building between the structure and a point six feet from the building.
"Grading" means stripping, cutting, filling, or stock-piling land including the land in its cut
or filled condition to create new grade.
Grandfathered Uses and Structures. (See "Nonconforming," "Nonconforming lot,"
"Nonconforming structure," "Nonconforming use," "Alteration, nonconforming structures,"
and"Alteration, nonconforming use.")
"Grocery store"means a commercial establishment selling primarily packaged food products
typically in combination with household products and sundries.
85
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Gross area"means the total area included within the boundaries of any parcel including land
area up to any abutting public road right-of-way.
Groundwater. (See "Water, ground.")
"Group home" means a residential occupancy that exceeds the definition of"family" in a
single-family residence.
"Group housing" means a residential dwelling that exceeds the definition of a single-family
residence and which is not a multifamily dwelling.
"Growth Management Act(GMA)"means the State of Washington Growth Management Act,
Chapterchapter 36.70A RCW, as amended. [Ord. 5-20 § 3 (Appx. A); Ord. 8-06 § 1]
18.10.080 H definitions.
"Habitat" means the place or type of site where a plant or animal naturally or normally lives
and grows.
"Hangars"means covered areas and enclosed structures for housing and repairing aircraft.
"Hazardous substance" means hazardous substance as defined in RCW 70.105D.020(13), as
it exists now or may be amended in the future.
"Hazardous waste"means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
"Hearing examiner"has the same meaning as "examiner" in JCC 2.30.030(8).
"Hearing Examiner Rules of Procedure" means the Hearing Examiner Rules of Procedure
adopted pursuant to JCC 2.30.070.
"Heavy equipment sales or rental services"means the use of any internal or external space for
the sale, rental and display of construction or other heavy equipment, machinery or vehicles
or parts thereof.
"Height, building" means the vertical distance from grade plane to the average height of the
highest roof surface(cf. International Building Code).
"Height,story"means the vertical distance from the top to top of two successive tiers of beams
or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top
of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters (cf.
International Building Code).
"Historic site, structure or landmark" means a site, structure, building, district, or object of
archaeological, architectural, historical or cultural significance. This is shown by its listing,
or its determination of eligibility for listing, in the National Register of Historic Places, the
Washington Heritage Register, or determined to be contributing to the character and/or
historical significance of a district for which the State Historic Preservation Officer has made
a determination of eligibility pursuant to Section 106 of the National Historic Preservation
Act. This definition also applies to a site, structure, building, district, or object of
86
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
archaeological, architectural, historical or cultural significance shown by its designation, or
determination of eligibility for designation, by a local jurisdiction, or its inclusion in the
Washington State Inventory of Cultural Resources as administered by the Department of
Archaeology and Historic Preservation.
"Hobby kennel" means a kennel, as now defined in JCC 6.07.020, as it exists now or may be
amended in the future, which is not a commercial kennel at or adjacent to a private residence.
Home Business. Home-based businesses are secondary and incidental to the primary
residential use of the structure, provide supplemental income for a family, consist of limited-
scale service or fabrication, and limited retail sales.
"Homeowners association" means an incorporated nonprofit organization operating under
recorded land agreements, including, but not limited to, CC&Rs,through which:
(a) Each lot owner is automatically a member;
(b) Each lot is automatically subject to a proportionate share of the expenses for the
organization's activities, such as maintaining commonly owner property; and
(c)A charge, if unpaid, becomes a lien against the real property.
"Hotel" (or "lodge") means a commercial building in which lodging is provided and offered
to the public for compensation, and which is open to transient guests, and is not a motel or
bed and breakfast inn as otherwise defined in this code.
"Household"means one or more related or unrelated persons occupying a dwelling unit.
"Hydrogeologist"means a person who is qualified to engage in the practice of hydrogeology,
has met the qualifications in hydrogeology established under motel-chapter 18.220 RCW,
and has been issued a license in hydrogeology by the Washington State Geologist Licensing
Board. In accordance with WAC 196-27-020 and 308-15-140, licensed hydrogeologists shall
affix their signatures or seals only to plans or documents dealing with subject matter in which
they are qualified by training or experience. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx.
A); Ord. 12-19 § 4 (Appx. C); Ord. 14-18 § 4 (Exh. B); Ord. 13-12 § 1; Ord. 8-06 § 1]
18.10.090 I definitions.
"Illegal use" means any use of land or a structure which is inconsistent with current codes or
was inconsistent with previous codes in effect when the use or structure was established. An
illegal use is different than a"nonconforming use." (See also"Nonconforming.")
"Impact area" means the area in a backstop or bullet trap directly behind the target where
bullets are expected to impact or the area downrange where bullets will impact if not captured
by a backstop or bullet trap.
"Impervious surface" means a hard surface area that either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development. A hard surface
area which causes water to run off the surface in greater quantities or at an increased rate of
flow from the flow present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways,
87
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen
materials,and oiled,macadam or other surfaces which similarly impede the natural infiltration
of stormwater. Open, uncovered retention/detention facilities shall not be considered as
impervious surfaces for purposes of determining whether the thresholds for application of
minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be
considered impervious surfaces for purposes of runoff modeling.
"Improvements"means the facilities and infrastructure of a land development, including, but
not limited to, the roads, sidewalks, street lights, stormwater facilities, sewage disposal
facilities, domestic water facilities, and other utilities and facilities required by chapter 18.35
JCC to be constructed in conjunction with any particular land division, as approved by the
necessary county departments.
"Incidental" means subordinate to, minor in significance, and bearing a reasonable
relationship with the primary use.
"Incompatible"means uses and activities that are not compatible. (See"Compatible.")
"Indoor entertainment or recreational facilities" means places designed and equipped for the
conduct of sports and leisure-time activities, including, but not limited to, physical fitness
clubs, bowling alleys, theaters,playhouses, and billiard rooms.
"Indoor shooting facility" means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and
accessories.
"Industrial use, heavy or resource-based" means a use engaged in the basic processing and
manufacturing of materials or products predominately from extracted or raw materials or
natural resources; a use engaged in storage of or manufacturing processes using flammable,
hazardous or explosive materials; or manufacturing processes that potentially involve
hazardous or commonly recognized adverse conditions.
"Infrastructure"means existing installed facilities and services including capital facilities such
as water supply, sewage disposal, and storm drainage systems, and transportation facilities
such as public roads.
"Inoperable (or unlicensed) vehicle"means any motor vehicle (excluding farm machinery or
implements), trailer, or semitrailer which is inoperable and which, by virtue of its condition,
cannot be economically restored to operable condition; provided,that such vehicle, trailer, or
semitrailer shall be presumed to be an inoperable or unlicensed vehicle if no license plates are
displayed or if the license plates displayed have been invalid for more than three years.
"Institutional facilities or development" means structures and related activity areas used by
organizations providing educational, social, or noncommercial recreational services to the
community, including performance halls, government service offices, facilities for assembly,
colleges, primary and secondary schools, museums, and libraries.
"In-stream resources"means features,properties,or other beneficial assets which exist within
a stream corridor, such as fish and wildlife habitat, recreation, and scenic beauty.
88
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Intensification of nonconforming use" means any increase or expansion in the quality or
quantity of products, goods, services, structures or adverse impacts upon parcels within the
vicinity of the nonconforming use produced, generated, served, created or performed at the
site of the legal nonconforming use by the owner or occupant of that legal nonconforming
use.
"Intensive" means highly concentrated, very large, or considerable, in terms of Jefferson
County standards and environment.
"International Building Code" means the building code officially adopted by Jefferson
County.
"Inter vivos" means a transfer or conveyance of property during the life of the owner, as
distinguished from testamentary transfers where the property passes at death. [Ord. 3-20 § 1
(Appx. A); Ord. 8-06 § 1]
18.10.100 J definitions.
"Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of
the following requirements: (a) three years or older; (b) extensively damaged, such damage
including, but not limited to, the following: a broken window or windshield, missing seats,
wheels, tires, motor, or transmission; (c) apparently inoperable; and/or (d) has approximate
fair market value equal only to the approximate value of the scrap in it.
"Junk yard" means a primary or accessory use of structures or land for storage, recycling,
dismantling or selling of cast-off, unused, scrap, or salvage material of any sort. [Ord. 8-06 §
1]
18.10.110 K definitions.
"Kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be amended in
the future.
"Kitchen"means a room used for cooking or preparing food. [Ord. 14-18 § 4 (Exh. B); Ord.
8-06 § 1]
18.10.120 L definitions.
"Land disturbing activity" means any activity that results in movement of earth, or a change
in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography.Land disturbing activities include,but are not limited to,clearing,grading,filling,
and excavation. Compaction that is associated with stabilization of structures and road
construction shall also be considered a land disturbing activity. Vegetation maintenance
practices are not considered land-disturbing activity.
Land Division. (See "Division of land.")
"Land use decision"means a final determination by the county's hearing body or officer with
the highest level of authority to make the determination, including those with authority to hear
appeals, on:
89
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(a) An application for a project permit or other governmental approval required by law
before real property may be improved,developed,modified, sold,transferred,or used,but
excluding applications for permits or approvals to use, vacate, or transfer streets, parks,
and similar types of public property; excluding applications for legislative approvals such
as area-wide rezones and annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific
property of zoning or other ordinances or rules regulating the improvement,development,
modification, maintenance, or use of real property; and
(c) The enforcement by the county of regulations governing the improvement,
development, modification, maintenance, or use of real property.
"Landslide hazard areas"has the same meaning as in WAC 365-190-030(10).
"Landward"means to or toward the land.
"Legal lot of record" means any lot that is determined to be a legal lot of record pursuant to
Chapterchapter 18.12 JCC and satisfies the "legal lot of record" requirement in WAC 246-
272A-0320.
"Level of service (LOS)" means the number of units of capacity per unit of demand (e.g.,
trips,population,school-age residents)or other appropriate measure of need sufficient to meet
the standards for adequate service set forth in the Comprehensive Plan. (See also "Adequate
capacity (adequate capital or public facilities)," "Available capital facilities (available
capacity)," and"Concurrency.")
"Light industrial"means a use involving: (a)basic processing and manufacturing of materials
or products predominantly from previously prepared materials; or (b) finished products or
parts, including processing, fabrication, assembly, treatment, packaging, incidental storage,
sales, and distribution of such products, but excluding basic processing of raw materials
except food products.
"Livestock"means horses, mules, donkeys, cattle, bison, sheep, goats, swine,rabbits, llamas,
alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute.
Livestock does not mean free-ranging wildlife as defined in RCW Title 77.
"Livestock management" includes breeding, birthing, feeding, care, processing and sales of
animals and animal products, birds, honey bees, fish and shellfish.
"Logging"means activities related to and conducted for purposes of harvesting or processing
timber.
"Long-term commercial significance" has the same meaning as in WAC 365-190-030(11).
"Lot" means a contiguous quantity of land in possession of, owned by or recorded as the
property of a person or entity.A lot also shall include any individually numbered or separately
designated parcels of property in an approved subdivision or development.
90
Appendix A,Exhibit 3 RED UNF VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Lot, buildable means: (a) a lot that is a legal lot of record, consistent with ClapteFchapter
18.12 JCC and applicable law, and(b)has site development review approval pursuant to JCC
18.40.420 et seq. A guaranteed right to development of a lot can only be established once a
development permit application or building permit application vests pursuant to JCC
18.40.320.
"Lot, corner"means a lot situated at the intersection of two roads,by which the interior angle
does not exceed 135 degrees.
"Lot coverage" means the surface area of a lot or lots within a single development which is
occupied by buildings, excluding roof overhangs and covered porches not used for sales,
storage, or service.
"Lot, frontage"means the boundary of a lot that is along an existing or dedicated public road,
or where no public road exists, along a private road, easement or access way. On an interior
lot, it is the lot line abutting a road; or, on a pipestem (i.e., flag) lot it is the interior lot line
most parallel to the nearest road from which access is obtained.
"Lot of record" means a lot or parcel of land that was created by a metes and bounds
description or through platting or other means, and met all applicable zoning and subdivision
requirements in effect at the time of lot creation.A lot of record is not necessarily developable
or buildable, but may be conveyed pursuant to Chapterchapter 58.17 RCW.
"Lot, pipestem" means a lot not meeting minimum frontage requirements and where access
to the public road is by a narrow private right-of-way or driveway. The term is synonymous
with"flag lot."
"Lot, substandard"means a lot or parcel of land that has less than the required minimum area
or width as established by the land use district in which it is located or as deemed in any other
section of the code.
"Lot, through" means a lot that has both ends fronting on a road or street; both ends shall be
deemed front.
"Lumber mill, portable" means portable equipment to mill, split, or otherwise process forest
products.
"Lumber mill, stationary"means a permanently located facility or equipment used to process
forest products. [Ord. 9-22 § 2 (Appx. A); Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B);
Ord. 8-06 § 1
18.10.130 M definitions.
"Maintenance agreement"means a written agreement between parties to physically maintain
a facility for common use in a manner which conforms to standards of adequacy specified in
such an agreement.
"Major industrial development" means a master planned location for a specific
manufacturing, industrial, or commercial business that (a) requires a parcel of land so large
that no suitable parcels are available within an urban growth area; or(b) is a natural resource-
91
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
based industry requiring a location near agricultural land,forest land, or mineral resource land
upon which it is dependent. A major industrial development shall not be for the purpose of
retail commercial development or multi-tenant office parks. (cf. RCW 36.70A.365(1).)
"Managing agency" means an individual or organization applying to permit a temporary
housing facility under JCC 18.20.385(2)(a). Managing agencies are limited to religious
organizations and nonprofit agencies. A "managing agency" may be the same entity as the
sponsor.
"Manufactured home" means a single-family dwelling built according to the Department of
Housing and Urban Development Manufactured Home Construction and Safety Standards
Act, which is a national, preemptive building code. A manufactured home also: (a) includes
plumbing, heating, air conditioning, and electrical systems; and (b) is built on a permanent
chassis; and(c)can be transported in one or more sections with each section at least eight feet
wide and 40 feet long when transported; or when installed on the site is 320 square feet or
greater. (See also "Mobile home.")
Manufactured Housing. (See"Manufactured home" and"Mobile home.")
"Manufacturing"means the mechanical or chemical transformation of materials or substances
into new products, including the assembling of component parts,the creation of products,and
the blending of materials, such as lubricating oils,plastics, resins, or liquors.
"Market value"means the most probable price which a property should bring in a competitive
and open market under all conditions requisite to a fair sale, the buyer and seller, each acting
prudently, knowledgeably and assuming the price is not affected by undue stimulus.
"Master planned resort"means a self-contained and fully integrated planned unit development
in a setting of significant natural amenities, with primary focus on destination resort facilities
consisting of short-term visitor accommodations associated with a range of on-site indoor or
outdoor recreational facilities. A master planned resort may include other residential uses
within its boundaries, but only if the residential uses are integrated into and support the on-
site recreational nature of the resort. (cf. RCW 36.70A.360.)
"Material change"means a measurable change that has significance for existing or proposed
development or for the existing environment.
"Meander line" means a line along a body of water intended to be used solely as a reference
for surveying.
"Mine hazard areas"has the same meaning as in WAC 365-190-030(12).
"Mineral extraction" means the removal of naturally occurring materials from the earth for
economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay,
coal, and various types of stone. This shall not include the following:
(a) Excavation and grading at building construction sites where such construction is
authorized by a valid building permit; or
92
RED LINE VERSION
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
(b) Excavation and grading in public rights-of-way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the county;
or
(c) Excavation and grading for the purpose of developing ponds or manure lagoons for
agricultural purposes; or
(d)Excavation and grading in connection with and at the site of any creek,river,or flood-
control or storm drainage channel for the purpose of enlarging hydraulic capacity or
changing the location or constructing a new channel or storm drain where such work has
been approved by the county; or
(e) Excavation and grading where the excavated material will be used on the same
property or on property contiguous to and under the same ownership as the excavation.
"Mineral processing" means activities accessory to mineral extraction that include material
washing, sorting, crushing or more intensive modification or alteration through mechanical or
chemical means to a mineral resource after it has been removed from the earth. This does not
include asphalt or concrete batch plants.
"Mineral resource lands"has the same meaning as in WAC 365-190-030(13).
"Minerals"has the same meaning as in WAC 365-190-030(14).
"Mini storage" means a structure or structures containing separate, individual, and private
storage spaces leased or rented individually for varying periods of time.
"Minimal demands on existing infrastructure" means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection, water,wastewater
disposal or stormwater control, that is not provided by the applicant.
"Minimal impacts"means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
"Mitigation" means measures prescribed and implemented to avoid, minimize, lessen, or
compensate for adverse impacts.
"Mobile food unit" means a readily movable food and/or beverage establishment. (See also
JCC 18.20.182, Food and beverage stands.)
"Mobile home" means a factory-built dwelling built prior to June 15, 1976, to the standards
other than the HUD Code, and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into the state. Mobile homes have not been built
since the introduction of the HUD Manufactured Home Construction and Safety Standards
Act. (See also "Manufactured home" and"Manufactured housing.")
"Mobile home park" means a development with two or more improved pads or spaces with
required improvements and utilities designed to accommodate mobile homes, according to
RCW 59.20.030 (4).
93
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Motel" means a commercial building or group of buildings in which lodging is provided to
transient guests, offered to the public for compensation,and in which access to and from each
room or unit is through an exterior door.
"Motor home" means a motor vehicle originally designed, reconstructed, or permanently
altered to provide facilities for human habitation,which include lodging,cooking,and sewage
disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or
similar unit constructed separately and affixed to a motor vehicle(RCW 46.04.305).
Multifamily Dwelling. (See "Dwelling unit, multiple-family.") [Ord. 5-22 § 3 (Appx. A(1));
Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.140 N definitions.
"National Pollutant Discharge Elimination System(NPDES)"means a joint federal and state
permitting system for the control, monitoring, and reduction of point-sources of pollution,
established under the Federal Water Pollution Control Act(Clean Water Act)(Public Law 92-
500).
"National Register of Historic Places" means the official federal list, established by the
National Historic Preservation Act, of sites, districts, buildings, structures and objects
significant in the nation's history and prehistory, or whose artistic or architectural value is
unique.
"Native vegetation"means plant species that are indigenous to Jefferson County.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or filling.
"Natural resource lands"has the same meaning as in WAC 365-190-030(15).
"Natural Resources Conservation Service" is a U.S. Department of Agriculture division that
provides technical assistance to decision-makers to protect,maintain and improve soil,water,
air, plant, and animal resources and related human considerations.
"Noise" means any sound not occurring in the natural environment which causes or tends to
cause an adverse psychological or physiological effect on humans. This includes sounds
arising from the amplification of noises generated by expected or permitted uses of a lot or
structure.
"Nonconforming"means a use, structure, site,or lot which conformed to the applicable codes
in effect on the date of its creation but which no longer complies because of changes in code
requirements. Nonconformity is different than and not to be confused with illegality (see
"Illegal use"). Legal nonconforming lots, structures, and uses are commonly referred to as
"grandfathered."
"Nonconforming lot" means a lot of record in existence prior to the effective date of the
ordinance codified in this Unified Development Code and any amendments thereto, which
does not meet the minimum lot size and other requirements as set forth in this code.
94
Appendix A,Exhibit 3 RED UNE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Nonconforming structure" means a structure which does not conform to the dimensional
regulations, including but not limited to setback, height, lot coverage, density, and building
configuration regulations of the land use district in which it is located due to changes in code
requirements. (See also "Alteration, nonconforming structures.")
"Nonconforming use" means a use of a structure or of land which does not conform to the
regulations of the land use district in which the use exists due to changes in code requirements.
(See also"Alteration, nonconforming use.")
"Nonconsumptive use"means a use which does not permanently deplete, degrade, or destroy
the resource involved.
"Nonpoint source" means the release of waste or other flows which occurs over a broad or
undefined area. Releases which can be described as confined to a small area, such as
discharges from a pipe or conduit, are referred to as "point-source discharges." (See also
"Point-source discharge.")
"NRA Range Source Book" means the 2012 version of the NRA Range Source Book
published by the National Rifle Association.
"Nursery" means lands or greenhouses used to raise flowers, shrubs, and plants for
commercial purposes.
"Nursing/convalescent/assisted living facility" means a facility or residence that provides
health or long-term care services to residents, including nursing or other supportive or
restorative health services on a 24-hour basis (RCW 43.190.020). [Ord. 5-20 § 3 (Appx. A);
Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.150 O definitions.
"Off-street parking" means an area of land located outside of any public right-of-way or
private roadway and used for vehicular parking.
"Office"means a commercial use which provides business,professional, or personal services
to customers.
"Official maps" means the maps identified in the Jefferson County Comprehensive Plan as
the "official maps." These maps show the applicable land use designation(s), overlays, and
maximum allowable density for all property in the county.
"On-site waste disposal" means any one of several means for disposal of sanitary waste on
the property from which it is generated(e.g., septic tank and drainfield).
"Open record hearing" means a hearing, conducted by a single hearing body or officer that
creates the record through testimony and submission of evidence and information, under
procedures prescribed by ordinance or resolution. An open record hearing may be held prior
to the decision on a project permit to be known as an "open record predecision hearing."An
open record hearing may be held on an appeal, to be known as an "open record appeal
hearing," if no open record predecision hearing has been held on the project permit.
95
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Open space"means lands committed to farming and forestry uses and any parcel, lot, or area
of land or water essentially unimproved and set aside, dedicated, designated, or reserved for
public or private use or enjoyment.
"Open space tax program" means a county program associated with property taxation. Land
being used for agriculture may be enrolled in the tax program through the county assessor.
The tax program is independent of land use designation (i.e., zoning) and these development
regulations,except in the context of identifying"existing and ongoing agriculture,"as defined
and regulated in this code.
"Operating entity" for purposes of the temporary housing facility regulations in JCC
18.20.385 means the sponsor,managing agency, and individuals or organizations determined
by the administrator to be qualified under JCC 18.20.385(2)(a)to operate a temporary housing
facility.
"Operator" means any person who is in actual physical or electronic control of a powered
watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle.
"Outdoor commercial amusement facility"means permanent developments containing single
or multiple outdoor amusements such as batting cages, go-cart tracks, bumper cars,
amusement rides, or games of chance. This shall not include casinos or theme parks.
"Outdoor shooting facility" means a commercial shooting facility that is not an indoor
shooting facility.
Outdoor Storage Yards. (See"Storage yard, outdoor.")
"Overlay district" means a district that provides policies and regulations in addition to those
of other sections in this code for certain land areas and for uses which warrant specific
recognition and management. Except as otherwise provided, the provisions of an overlay
district shall prevail over any conflicting provisions of this code for the duration of the overlay
district, subject to RCW Title 36.
"Owner"means an individual, firm, business entity,trust, association, syndicate,partnership,
or corporation having sufficient property interest to seek development of land.
"Owner-occupied" means the residential occupancy of a building or property by the owner.
[Ord. 5-22 § 3 (Apex. A(2)); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.160 P definitions.
"Panhandle" means an irregular extension or protrusion of a lot created for the purpose of
providing such lot with frontage on a public or private road, street or access way.
Parcel. (See "Lot.")
"Parent parcel" means each existing lot that is located within the perimeter of a proposed
boundary line adjustment application.
"Park"means a tract of land designated and used by the public for recreation.
96
Appendix A,Exhibit 3 RFn UNF vFaS1nti,
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Parking lot"means an off-street,ground level open area,usually improved,for the temporary
storage of motor vehicles.
"Parties of record" means persons or entities who wish to receive a copy of the hearing
examiner's decision and notice of upcoming hearings. "Parties of record" includes the
applicant, appellant, petitioner, respondent, their agents and representatives, the county, and
persons or entities who: indicate on a sign-up sheet, at a public hearing, that they wish to
become a party of record; or for public hearings specifically advised the examiner's office by
individual written letter or electronic mail of their desire to become a party of record. Persons
who only signed petitions or mechanically produced form letters may be excluded as parties
of record.
"Performance standard"means a set of criteria or limits relating to certain characteristics that
a particular use or process may not exceed.
"Permanent supportive housing" is subsidized, leased housing with no limit on leng1h of s�
that prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to en than would be lypical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal
history, and personal behaviors. Permanent supportive housing is paired with on-site or off-
site voluntary services designed to support a person living with a complex and disabling
behavioral health or physical health condition who was experiencing homelessness or was at
imminent risk of homelessness prior to moving into housing to retain their housing and be a
successful tenant in a housing arrangement, improve the resident's health status, and connect
the resident of the housing with community-based health care, treatment, or employment
services. Permanent supportive housing is subject to all of the rights and responsibilities
defined in chapter 59.18 RCW.
"Permit center"means the Jefferson County department of community development.
"Permit exemption statement" means a written statement of administrative finding and
conclusions that a land use or development is consistent with applicable regulations and is not
subject to permit requirements of this code.
"Permit review" means the process of reviewing applications for project permits for
consistency with the requirements of this code.
"Permittee"means the entity to whom a permit is granted.
"Person" means any individual, owner, contractor, tenant, partnership, corporation, business
entity, association, organization, cooperative, public or municipal corporation, agency of a
state or local governmental unit however designated, public or private institution, or an
employee or agent of any of the forgoing entities.
"Personal and professional services" means, for the purposes of this code, establishments
primarily engaged in providing assistance, as opposed to products, to individuals, business,
industry, government, and other enterprises, not listed specifically in this code as a distinct
use for regulatory purposes, such as laundry and dry cleaning services; barber shops and
97
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
beauty salons; locksmiths, banks, legal, engineering, architectural, design, financial and
accounting services, and the like.
"Pervious surface"means a surface that absorbs water.
"Physical containment" with respect to a commercial shooting facility means the use of
physical barriers that are sufficient to contain the projectile from the highest power firearm
used on a shooting range when the shooting range is used in accordance with its operating
permit. Physical containment may include but is not limited to baffles, sidewalls, backstops
and berms of adequate design, quantity, and location to ensure that projectiles cannot escape
the commercial shooting facility.
"Planned rural residential development (PRRD)" means development characterized by a
unified site design, clustered residential units, and areas of common open space pursuant to
Article VI-M of Ehaptefchapter 18.15 JCC.
"Planning department" means the Jefferson County department of community development.
"Plat" means a map or representation of a subdivision or short subdivision of land showing
the division of a parcel of land into lots, roads, dedications, common areas, restrictions and
easements, as regulated by Chapterchapter 58.17 RCW and this code.
Plat Alteration. (See"Subdivision, alteration of.")
Plat, Long. (See"Subdivision, long.")
Plat, Short. (See"Subdivision, short.")
Plat Vacation. (See"Subdivision, vacation of.")
"Playing field" means a land area designed and used for outdoor games, such as baseball,
football, soccer, track events and tennis. It includes public outdoor swimming pools.
"Point-source discharge"means the release of waste or other flows which can be described as
confined to a small area, such as discharges from a pipe or conduit. Releases occurring over
a broad or undefined area are referred to as"nonpoint sources."(See also"Nonpoint source.")
"Predecision hearing, open record"means a hearing, conducted by the hearing examiner,that
creates the county's record through testimony and submittal of evidence and information,
under procedures prescribed by the county by ordinance or resolution. An "open record
predecision hearing" may be held prior to the county's decision on a project permit (RCW
36.70B.020).
"Preliminary approval" means the final action of the county granting approval to a short or
long subdivision, subject to applicable conditions that must be fully satisfied prior to final plat
approval.
"Preliminary plat"means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision
consistent with the provisions of this code.
98
Appendix A,Exhibit 3 RED UNE V6RSK_.
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Primary use"means the principal use of a property.
"Prime farmland soil" means land that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber and oilseed crops and is available for
these uses. (See Part 603.05, National Soils Handbook, Department of Agriculture, Soil
Conservation Service.) (WAC 365-190-030(1)(a).)
"Priority species" means all state and federal endangered, threatened, and sensitive species,
and all federal candidate species; and all species of local concern as defined in this chapter.
"Private road"or"private street'means an approved road or street that is not dedicated to the
county and is used for access to secondary lots that have no direct access to a public way.
"Producer" means a person engaged in agricultural activities, including but not limited to
farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or another comparable person.
"Prohibited uses" means any use or activity which is not specifically enumerated or
interpreted as allowable in the applicable land use district.
"Project permit" or"project permit application"means any land use or environmental permit
or license required from the county for a project action.
"Projectile"means an object fired from a firearm.
"Proof of ownership"means a photocopy of a recorded deed to property and/or a current title
insurance policy insuring the status of an applicant as the owner in fee title to real property.
"Proprietor-occupied" means the residential occupancy by the owner of a building or
property.
"Provision" means any written language contained in this code, including without limitation
any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition.
"Public access areas" means ways or means of approach to provide the general public with a
physical entrance to a property.
"Public facilities"has the same meaning as in WAC 365-190-030(16).
"Public livestock market" means any place, establishment or facility commonly known as a
"public livestock market,""livestock auction market,""livestock sales ring,"yards selling on
commission,or the like,conducted or operated for compensation or profit as a public livestock
market,consisting of pens and other enclosures, and their appurtenances in which livestock is
received, held, sold, or kept for sale or shipment. The term does not include the operation of
a person licensed under Ehapter-chapter 16.65 RCW to operate a special open consignment
horse sale.
"Public meeting"means an informal meeting,hearing,workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit
prior to a decision. A public meeting may include, but is not limited to, a community
99
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
association meeting or a scoping meeting on a draft environmental impact statement (DEIS).
A public meeting does not include an open record hearing. The proceeding at a public meeting
may be recorded and a report or recommendation may be included in the county's project
permit application file.
"Public purpose facilities" means lands and facilities needed to provide the full range of
services to the public provided by government, substantially funded by government,
contracted for by government, or provided by private entities to meet public service
obligations.
"Public road or public street" means an approved road or street, whether improved or
unimproved, held in public ownership or control (i.e., either through deed or easement
conveyance) and intended to be open as a matter of right to public vehicular travel.
"Public schools" means a building (and grounds) or part thereof designed, constructed, or
used for publicly operated education and/or instruction.
"Public services"has the same meaning as in WAC 365-190-030(17).
"Public transportation systems"means public facilities for air, water, or land transportation.
"Public way" means any publicly owned land set aside for utilities, surface transportation
purposes, including motorized vehicular and nonmotorized (e.g., bicycle and pedestrian)
transportation, whether improved or unimproved. [Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1
(Appx. A); Ord. 12-19 § 4 (Appx. C); Ord. 8-06 § 1]
18.10.170 Q definitions.
"Qualified shooting range evaluator" means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
"Qualified wetlands consultant"means a person who has the qualifications to conduct wetland
studies and make recommendations for wetland mitigation. These qualifications include
specialization in wetland biology, botany, and hydrology, with appropriate education and
experience. [Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.180 R definitions.
"Rare, endangered, threatened and sensitive species" means plant and animal species
identified and listed by the Washington State Department of Natural Resources, Washington
Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S.
Fish and Wildlife Service, as being severely limited or threatened with extinction within their
native ranges.
"RCW" means the Revised Code of Washington, as it now exists or may be amended in the
future.
"Reclamation"means rehabilitation for the appropriate future use of disturbed areas resulting
from surface mining including areas under associated mineral processing equipment, areas
under stockpiled materials, and aboveground waste rock and tailing facilities, and all other
surface disturbances associated with underground mines. Although both the need for and the
100
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS RED LINE VERSION
practicability of reclamation will control the type and degree of reclamation in any specific
surface mine, the basic objective shall be to reestablish on a perpetual basis the vegetative
cover, soil stability, and water conditions appropriate to the approved subsequent use of the
surface mine and to prevent or mitigate future environmental degradation.
"Reclamation setbacks" include those lands along the margins of surface mines wherein
minerals and overburden shall be preserved in sufficient volumes to accomplish reclamation
according to the approved plan and the minimum reclamation standards. Maintenance of
reclamation setbacks may not preclude other mine-related activities within the reclamation
setback.
"Recording"means the filing of a document(s) for recordation with the county auditor.
"Recreational development" means parks and facilities for camping, indoor and outdoor
sports, and similar developments.
"Recreational park trailer" means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping or seasonal use, that meets the following
criteria: (a) built on a single chassis, mounted on wheels; (b) having a gross trailer not
exceeding 400 square feet in the set-up mode; (c) certified by the manufacturer as complying
with ANSI A119.5.
"Recreational uses" means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping or
travel use that has its own motive power or is mounted on or towed by another vehicle,
including travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and
motor homes, but not mobile homes (RCW 43.22.335).
"Recreational vehicle park" means a commercially developed tract of land in which two or
more recreational vehicle sites are established as the principal use of the land.
"Recycling"means the process of segregating solid waste for sale, processing, and beneficial
use. Materials which can be removed through recycling include but are not limited to
newsprint, cardboard, aluminum, glass, plastics, and ferrous metal. Recycling does not
include combustion of solid waste or preparation of a fuel from solid waste.
"Recycling center" means an area, with or without buildings, upon which used materials are
separated and processed for shipment.
"Recycling collection facilities"means neighborhood facilities for the drop-off and temporary
storage of recyclables but without waste processing.
"Regulated substance"means:
Any substance defined in Section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980 (but not including any
substance regulated as a hazardous waste under Subtitle C of the Federal Solid Waste
101
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
Disposal Act, or a mixture of such hazardous waste and any other regulated substances);
and
Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute). The term "regulated substance" includes but is not limited to petroleum and
petroleum-based substances comprised of a complex blend of hydrocarbons derived from
crude oil through processes of separation, conversion, upgrading and finishing, such as
motor fuels,jet fuels, distillate fuel oils,residual fuel oils, lubricants, petroleum solvents,
and used oils. The term "regulated substance" does not include propane or asphalt or any
other petroleum product which is not liquid at standard conditions of temperature and
pressure(WAC 173-360-120).
"Religious assembly facility" means a facility designed and used primarily for ceremonies,
rituals, and education pertaining to a particular system of spiritual beliefs (e.g., a church).
"Residential care facility" means a facility that provides room, board and care with 24-hour
supervision for persons who, by reason of circumstance or condition, require care. This may
include care for the aged or functionally disabled persons but shall not include correctional
facilities, inpatient substance abuse or inpatient mental health facilities that are otherwise
identified as essential public facilities by the Comprehensive Plan and regulated under JCC
18.15.110.
"Residential development" means development of land with dwelling units for nontransient
occupancy. For the purposes of this code, accessory dwelling units, garages, and other similar
structures accessory to a dwelling unit shall also be considered residential development unless
regulated otherwise by this code or subarea plans. (See also "Dwelling unit" and"Accessory
dwelling unit.")
"Resource-based industrial"means a forest resource-based industrial land use designation that
recognizes existing, active sawmills and related activities.
"Resource lands" means agricultural, forest, and mineral lands that have long-term
commercial significance.
"Resource management system" means a conservation system that meets or exceeds the
quality criteria in the NRCS FOTG for resource sustainability for all identified resource
concerns for soil, water, air, plants and animals.
"Restoration"means to return to an original or like condition.
"Restriction"means a limitation placed upon the use of parcel(s) of land.
"Retail sales and services" means establishments engaged in retail sales of goods, including,
but not limited to, the retail sale of merchandise not specifically listed under another use
classification in Table 3-1 in JCC 18.15.040. This classification includes, but is not limited
to, department stores, clothing stores, shoe stores,jewelry stores, hardware stores, furniture
stores, antique stores, pharmacies, appliance stores, agricultural feed and supply stores,
stationary stores, office supply stores and other similar uses; and establishments engaged in
102
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS RED LINE VERSION
the sale of services directly to the consumer including, but not limited to, small equipment
repair, plumbing and electrical repair services, and other similar uses.
Right-of-Way. (See "Public way.")
"Right-to-farm provisions"means provisions intended to enhance and encourage agricultural
operations by recognizing agricultural activities as essential rural activities that do not
constitute a nuisance.
"Right-to-forestry provisions" means provisions intended to enhance and encourage
sustainable forestry operations by recognizing forestry activities as essential rural activities
that do not constitute a nuisance.
"Road" means an improved and maintained public or private right-of-way which provides
vehicular access to abutting properties, and which may also include provision for public
utilities, pedestrian access, cut and fill slopes, and drainage.
"Road, access"means a road that functions solely to provide access to two or more properties.
"Road, arterial"means roads designated as arterial roads in the Transportation Element of the
Comprehensive Plan.
"Road, collector"means:
(a) Roads designated as collector roads in the Transportation Element of the
Comprehensive Plan.
(b)A street or road whose principal function is to carry traffic between access and arterial
roads and streets.
"Road end"means:
(a)A road closed at one end that may be designed for future road extensions.
(b) The point at which a public road meets the tidelands or a body of water.
"Road, primary" means any existing or proposed road designated as an arterial or collector
road in the Transportation Element of the Comprehensive Plan or so designated by the
Jefferson County engineer.
"Roadway"means that portion of an approved road or street intended for the accommodation
of vehicular traffic, generally between curb lines on an improved surface.
"Rules and regulations"with reference to a commercial shooting facility means requirements
used for the safe operation of a commercial shooting facility.
"Runoff' means water originating from rainfall and other precipitation that is found in
drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as
shallow groundwater. In addition, that portion of rainfall or other precipitation that becomes
surface flow and interflow.
103
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Runway" means the defined area at an airport, airfield, or airstrip indicated for landing and
takeoff of aircraft along its length.
"Rural character" means a quality of the landscape dominated by pastoral, agricultural,
forested, and natural areas interspersed with single-family homes, limited economic
development, and farm structures. Rural character refers to the patterns of land use and
development established by the Comprehensive Plan:
(a) In which open space,the natural landscape, and vegetation predominate over the built
environment;
(b)That foster traditional rural lifestyles,rural-based economies,and opportunities to both
live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and
communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife
habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low
density development;
(f) That generally do not require the extension of urban governmental services; and
(g)That are consistent with the protection of natural surface water flows and groundwater
and surface water recharge and discharge areas. (cf. RCW 36.70A.030(14).)
"Rural commercial designation" means the land use designation of the Comprehensive Plan
designed to provide opportunities for some commercial uses to be located in rural areas.
"Rural commercial uses" means the use of land or the use or construction of structures or
facilities involving the retail sale of goods or services which is either unsuitable for a rural
village center or rural crossroad or is better suited to rural lands and that does not require
urban governmental services.
"Rural crossroads"means those areas established by virtue of historic transportation patterns
and characterized by existing concentrations of small-scale commercial uses fronting on, or
in close proximity to,major transportation routes and intersections. The following three types
of commercial rural crossroads exist in Jefferson County: neighborhood/visitor crossroads,
convenience crossroads, and general crossroads:
(1) Convenience Crossroads (CC). Those crossroads that provide a limited selection of basic
retail goods and services,and serve a lower intensity population base and the traveling public.
Convenience crossroads are characterized by a single convenience/general store. There are
three convenience crossroads in Jefferson County:Nordland,Beaver Valley and Wawa Point.
(2) Neighborhood/Visitor Crossroads (NC). Those crossroads which provide multiple uses
and services serving both the local community and the traveling public. There are five
104
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
neighborhood/visitor crossroads identified in Jefferson County: Mats Mats, Discovery Bay,
Four Corners, Chimacum and Gardiner.
(3) General Crossroads (GC). Similar to neighborhood crossroads, general crossroads serve a
higher local population base and offer a wider variety of goods and services. There are three
general crossroads identified in Jefferson County: Ness' Corner, Irondale Corner and SR
19/20 Intersection.
"Rural governmental services" means those public services provided to rural areas at a scale
consistent with the rural character of the area.
"Rural lands" means the class of land use designations which are intended to preserve the
rural character of the county. Rural land designations include the following: rural residential,
rural commercial, and rural industrial.
"Rural recreational lodging or cabins" means a rural commercial establishment consisting of
tourist lodging facilities such as cabins and/or motel, hotel, inn or lodge units that provide for
overnight sleeping accommodations and may also provide limited small-scale conference or
retreat facilities consistent with the standards set forth in JCC 18.20.350.
"Rural residential designation" means the land use designation in the Comprehensive Plan
designed to recognize existing residential development patterns of the rural landscape and
provide for a variety of residential living opportunities at densities which maintain the
primarily rural residential character of an area.
"Rural village center" means small, unincorporated commercial and residential community
centers that provide a rural level of services and which serve as a focal point for the local
population. In Jefferson County these centers include: Quilcene and Brinnon. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.190 S definitions.
"Sale"means the conveyance for consideration of legal or beneficial ownership.
"Salt water intrusion"means the underground flow of salt water into wells and aquifers.
"Screening" means a method of visually shielding or obscuring a structure or use from view
by fencing, walls, trees, or densely planted vegetation.
"Seaward"means to or toward the sea.
Seawater Intrusion. (See "Salt water intrusion.")
"Seawater intrusion protection zone (SIPZ)"means aquifers and land overlying aquifers with
some degree of vulnerability to seawater intrusion.
"Sedimentation" means the process by which material is transported and deposited by water
or wind.
"Seiche and landslide generated wave hazard areas" means lake and marine shoreline areas
susceptible to flooding, inundation, debris impact, or mass wasting as the result of a seiche or
105
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
landslide generated waves. No known best available science is currently available to
characterize potential seiche hazards in Jefferson County.
"Seismic hazard areas" has the same meaning as in WAC 365-190-030(18).
"Sensitive areas" associated with JCC 18.20.345, Sexually oriented businesses, include:
schools, day care facilities, libraries, off-road public trails and paths, public indoor
recreational facilities, hospitals, parks and playgrounds, places of worship (i.e., churches),
community centers, senior citizen centers, cemeteries, residential neighborhoods, master
planned resorts.
"Sensitive species" means species that could become threatened as classified by the State of
Washington Department of Fish and Wildlife, Nongame Program, and the Department of
Natural Resources, Washington Natural Heritage Plan.
"Service area"means a geographic area defined by a county or intergovernmental agreement
in which a defined set of public facilities provides service to development within the area
(e.g., an area identified by a public water system that includes the ability to provide a water
tap).
"Setback" means the distance a structure is placed behind a specified line or topographic
feature.
"Sewerage treatment facilities" means the management, storage, collection, transportation,
treatment, utilization, and processing of sewage from a municipal or community sewage
treatment plant, not including community drain fields.
"Sexually oriented business"means:
(1)Any exhibition, performance or dance conducted in an sexually oriented business facility
where such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified sexual
activities or any specified anatomical areas; or
(2) Any exhibition, performance or dance intended to sexually stimulate any patron and
conducted in a sexually oriented business facility where such exhibition, performance or
dance is performed for,arranged with,or engaged in with fewer than all patrons in the sexually
oriented business facility at that time, with separate consideration paid, either directly or
indirectly, for such performance, exhibition or dance. For purposes of example and not
limitation, such exhibitions, performances or dances are commonly referred to as table
dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing; or
(3)Sexually oriented retail store,meaning an enclosed building,or any portion thereof,which,
for money or any other form of consideration, devotes a significant or substantial portion of
stock in trade to the sale, exchange,rental,loan,trade,transfer or viewing of sexually oriented
materials. For purposes of this definition, a retail store devotes a significant or substantial
portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan,
trade, transfer or viewing of such sexually oriented materials is clearly material to the
economic viability of the business. It is rebuttably presumed that such sexually oriented
106
Appendix A,Exhibit 3
RED UNF 1/FRSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
materials are clearly material to the viability of the business if sexually oriented materials
account for:
(a)Twenty-five percent or more of the retail dollar value of gross sales over any quarterly
period;
(b) Twenty-five percent or more of the floor area of the store open to the public;
(c) Twenty-five percent or more of the retail dollar value of all merchandise displayed in
the store;
(d) Twenty-five percent or more of the store's inventory (whether measured by retail
dollar value or number of items); or
(e) Twenty-five percent or more of the store's stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to sexually
oriented materials be considered a sexually oriented retail store.
(4)Also see JCC 5.10.030 for a more complete list of defmitions.
"Shooting range" consists of a firing line or firing points, and an impact area.
"Shoreline Management Act"means the Shoreline Management Act of 1971 (Chaptercha ter
90.58 RCW), as amended.
"Shoreline Master Program (SMP)"means the Jefferson County Shoreline Master Program.
"Short plat"means a neat and accurate drawing of a short subdivision, prepared for filing for
record with the county auditor, and containing all elements and requirements set forth in
Ghapterchapter 18.35 JCC.
"Sign" means any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images. Excluded from this definition are signs required by law, such as handicapped parking
signs, and the flags of national and state governments.
"Sign, commercial" means a sign that directs attention to a business or profession, to a
commodity or service sold, offered, or manufactured, or to an entertainment offered on the
premises where the sign is located.
"Sign, freestanding"means a sign not attached to a structure.
"Silviculture" means the study and practice of controlling the establishment, composition,
constitution, health, growth, and quality of forest stands.
"Single-family residence"means a dwelling unit designed for and occupied by no more than
one family.
107
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"SIPZ"means seawater intrusion protection zones.
"Site evaluation checklist"means all the information described in JCC 18.22.945(3)(d).
"Small equipment repair, sales and rental services" means commercial establishments
engaged primarily in the repair, and/or rental and sale of small equipment, including, but not
limited to, tools, watches, appliances, televisions and other electronic devices, computers,
lawnmowers, bicycles and similar items.
"Small-scale"means of a size or intensity which has minimal impacts on the surrounding area
and which makes minimal demands on the existing infrastructure.
"Small-scale recreation or tourist uses"means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in
JCC 18.20.350.
"Soil log" means the excavation and written record of soil septic suitability as per health
department written guidelines and requirements.
"Solid waste" means all putrescible and nonputrescible solid and semi-solid wastes, except
wastes identified in WAC 173-304-015, including, but not limited to,junk vehicles, garbage,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and
crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-
solid materials which are not the primary products of public, private, industrial, commercial,
mining and agricultural operations. Solid waste includes but is not limited to sludge from
wastewater treatment plants and septage from septic tanks,wood waste,dangerous waste, and
problem wastes. Unrecovered residues from recycling operations shall be considered solid
waste.
"Solid waste disposal" means the act or process of disposing of rubbish and garbage.
"Sound" means an oscillation in pressure, particle displacement, particle velocity, or other
physical parameter in a medium with internal forces that causes compression and rarefaction
of that medium, including any characteristics of sound, such as duration, intensity, and
frequency.
"Source of contamination"means a facility or disposal or storage site for material that impairs
the quality of groundwater to a degree that creates a potential hazard to the environment,
public health,or interferes with a beneficial use; or in reference to well drilling,a specific area
or source as defined in WAC 173-160-171.
"Special flood hazard"means land in the floodplain subject to a one percent or greater chance
of flooding in any given year.
"Special report" means a technical report or study containing certain site analyses or project
evaluations or a plan describing mitigation or monitoring recommendations.
"Species of local importance"has the same meaning as in WAC 365-190-030(19).
108
Appendix A,Exhibit 3
Jefferson County Code RED LfIVF /FRcI(l�'
Chapter 18.10 DEFINITIONS
"Sponsor"for purposes of the temporary housing facility regulations in JCC 18.20.385 means
an organization that is:
(a) A state of Washington registered not-for-profit corporation and federally recognized
tax exempt 501(c)(3) organization that invites a temporary housing facility to reside on
land it owns or leases; or
(b) Recognized by the Internal Revenue Service as exempt from federal income taxes as
a religious organization, which expresses its religious mission, in part, by organizing
living accommodations for those experiencing homelessness.
"Sprawl, low density" means scattered, poorly planned low density development that occurs
particularly in urban fringe and rural areas and frequently invades land important for
environmental and natural resource protection. Sprawl typically manifests itself in one or
more of the following patterns:
(a)Leap frog development:when new development of urban or suburban character is sited
away from an existing developed urban or suburban area,bypassing vacant parcels located
in or closer to the developed area that are suitable for development;
(b) Strip development: when large amounts of commercial, retail, or other nonresidential
development are located in a linear pattern along one or both sides of a major arterial or
collector and, typically, accessing directly onto the arterial or collector; and
(c) Large expanses of low density, single-family dwelling development, outside of urban
areas, rural village centers, or master planned resorts, that are located in relatively close
proximity to one another.
"State endangered species"means a species native to the state of Washington that is seriously
threatened with extinction throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232-12-014.
"State sensitive species"means a species, native to the state of Washington,that is vulnerable
or declining and is likely to become endangered or threatened in a significant portion of its
range within the state without cooperative management or the removal of threats. Sensitive
species are legally designated in WAC 232-12-011.
"State threatened species"means a species, native to the state of Washington, that is likely to
become endangered in the foreseeable future throughout a significant portion of its range
within the state without cooperative management or the removal of threats. Threatened
species are legally designated in WAC 232-12-011.
"Stockyard" means any place, establishment, or facility commonly known as a stockyard
consisting of pens or other enclosures and their appurtenances in which livestock services
such as feeding, watering, weighing, sorting,receiving and shipping are offered to the public;
provided, that "stockyard" shall not include any facilities where livestock is offered for sale
at public auction, feed lots, or quarantined registered feed lots.
109
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Storage yard, outdoor"means an outdoor area used for the storage of equipment, vehicles or
materials for periods exceeding 72 hours.
"Street" means a public or private thoroughfare or easement that affords primary means of
access. For the purposes of Chapterchapter 18.35 JCC, the definition of street includes all
public and private utilities such as communication lines, cable television lines, electrical lines
and equipment, gas distribution lines, stormwater, sidewalks, and other similar facilities
commonly found in street rights-of-way.
"Street or road frontage" means the length along a street which a structure, business, or lot
abuts or fronts.
"Structure" means a permanent or temporary edifice or building or any piece of work
artificially built up or composed of parts joined together in some definite manner, whether
installed on, above, or below the surface of the ground or water, except for vessels (WAC
173-27-030).
"Subarea plan" means a detailed plan consistent with but more specific than this code or the
Comprehensive Plan. It may be a detailed land use plan for a specific geographic area, or a
functional long-range plan for a land use or resource issue of county-wide concern.
"Subdivision" means the division or redivision of land into lots, tracts, parcels sites or
divisions for the purpose of sale, lease or transfer of ownership.
"Subdivision, alteration of means the alteration of lots or changes in dedications or
restrictions or easements shown on the face of a plat of a subdivision or short subdivision;
except as provided by RCW 58.17.040(6) for boundary line adjustments.
"Subdivision development standards" means the county's engineering, design and
construction standards and specifications contained in Chapterchapter 18.30 JCC, including
any incorporated standards, governing the construction of public and private improvements
serving new divisions of land. The county's subdivision development standards include the
adopted public works standards for design and construction of transportation facilities and
standards for clearing and grading, erosion control, stormwater facilities, and water and
sewage disposal improvements.
"Subdivision, long" means the division or redivision of land into five or more lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, phased" means a subdivision that is developed in increments over a period of
time.
"Subdivision, short" means the division or redivision of land into four or fewer lots, tracts,
parcels or sites or divisions for the purpose of sale, lease, or transfer of ownership.
"Subdivision, vacation of means the removal of lots, boundaries, roads, dedications,
restrictions, or easements of a recorded subdivision or short subdivision.
"Surface mine" means any area or areas in close proximity to each other, as determined by
the department, where extraction of minerals results: (a) in more than three acres of disturbed
110
Appendix A,Exhibit 3 RED HNF N/FRSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
area, (b) surface-mined slopes greater than 30 feet high and steeper than one foot horizontal
to one foot vertical, (c) more than one acre of disturbed area within an eight-acre area; when
the disturbed area results from mineral prospecting or exploration activities. Surface mines
include areas where mineral extraction from the surface or subsurface occurs by the auger
method or by reworking mine refuse or tailings, when the disturbed area exceeds the size or
height thresholds listed in of this definition. Surface mining occurs when operations have
created or are intended to create a surface mine as defined by this subsection. Surface mining
shall exclude excavations or grading used primarily for on-site construction, on-site road
maintenance, or on-site landfill construction, for the purpose of public safety or restoring the
land following a natural disaster, for the purpose of removing stockpiles, for forest or farm
road construction or maintenance on site or on contiguous lands, primarily for public works
projects if the mines are owned or primarily operated by counties with 1993 populations of
less than 20,000 persons, and if each mine has less than seven acres of disturbed area, and for
sand authorized by RCW 79A.05.630.
Surrounding (Area or Property). A lot of record shall be considered to be a "surrounding"
property with respect to the subject parcel or parcels if any portion of that lot of record is
within 300 feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are
designated on the land use map as rural, residential, resource area, or parks preserve and
recreation and shall be considered surrounding if any portion of the lot of record is within 100
feet of any boundary of the subject parcel(s) when the subject parcel(s) is/are designated as
urban growth area or rural commercial. For industrial the criteria for"surrounding"property
shall be 600 feet.
"Sustainable" means actions or activities which preserve and enhance resources for future
generations. [Ord. 5-22 § 3 (Appx.A(3)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A);
Ord. 14-18 § 4 (Exh. B); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]
18.10.200 T definitions.
"Target"means a mark to shoot at.
"Target line"means the line where targets are placed.
"Temporary housing facility"means a facility providing temporary housing accommodations
pursuant to JCC 18.20.385. Temporary housing facilities include temporary structures as
defined in this section and may also include a safe parking area and common use structures.
"Temporary structures" includes tents,RVs,tiny shelters, and any other structure designed to
provide personal and private shelter to an individual or family.
"Temporary tent facility" means a temporary housing facility for unhoused people that is
composed of tents or other temporary structures, as approved pursuant to JCC 18.20.385.
"Temporary tiny shelter village"means a temporary housing facility for unhoused people that
is composed of purpose-built tiny structures, as approved by the administrator, on a site
permitted by the department pursuant to JCC 18.20.385. Temporary tiny structures for
unhoused people are typically less than 200 square feet and easily constructed and moved to
various locations. For the purposes of JCC 18.20.385, temporary tiny structures are not
Idwelling units for purposes of Ehapterchapter 15.05 JCC.
111
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Threatened species" means a species that is likely to become an endangered species within
the foreseeable future, as classified by the Washington Department of Fish and Wildlife,
Wildlife Policy No. 602, and the Department of Natural Resources, Washington Natural
Heritage Program.
"Threshold determination" means the decision by the responsible official under the State
Environmental Policy Act (SEPA) regarding the likelihood that a project or other "action"
(WAC 197-11-704) will have a probable significant adverse impact on an element of the
environment.
"Timber land"means land supporting or capable of supporting a stand of merchantable timber
and which is not being developed or used for an activity which is incompatible with timber
production.
"Tourist uses"means used by persons traveling for pleasure or culture.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less than
two sides.
Tract. (See"Lot.")
"Trailer"means a structure standing on wheels,towed or hauled by another vehicle, and used
for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary
office.
"Transfer of development rights (TDR)" means the transfer of the right to develop or build,
expressed in dwelling units per acre, from land in one land use designation to land in another
designation or from one property owner to another, where such a transfer is permitted.
"Transient accommodations"means a commercial use involving the rental of any structure or
portion thereof for the purpose of providing lodging for periods less than 30 days.
"Transient residence or transient ADU" means a single-family residential unit or ADU used
for short-term transient occupancy (for periods less than 30 days).
"Transitional housing" means a rp oject that provides housing and supportive services to
homeless persons or families for ap to two years and that has as its pMose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means roads, trails, airports, airfields, public docks, ferries and
related terminals, and parking areas.
"Tree line" means the line created by existing trees, at the trunk line, growing in a generally
continuous line, as opposed to a line drawn between a few isolated trees.
"Tsunami hazard areas" means coastal areas susceptible to flooding, inundation, debris
impact, or mass wasting as the result of a tsunami generated by seismic events. [Ord. 5-22 §
3 (Appx. A(4)); Ord. 5-20 § 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
112
Appendix A,Exhibit 3 RED LINE VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
18.10.210 U definitions.
"Unimproved, dormant platted land" means land within the limits of a plat recorded prior to
1937 that, as of the date of the initial adoption of the ordinance codified in this Unified
Development Code, does not contain a building that is or has been used as a dwelling unit or
as a viable business facility.
I "Unit Lot Subdivision" means a land division of a parent site into separately owned unit lots.
"Uplands"means lands outside of the jurisdiction of the Shoreline Master Program.
"Urban growth"has the same meaning as in WAC 365-190-030(20).
"Urban growth area" means an area designated by the county within which urban growth is
to be encouraged and outside of which growth is not intended to be urban in nature. (cf.
C-hapterchapter 36.70A RCW.)
Urban Services. Pursuant to RCW 36.70A.030 (19), urban services are those public services
and public facilities at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems,municipal water systems,street cleaning services,
fire and police protection services, public transit services, street improvements such as
sidewalks, curbs and gutters and other public utilities associated with urban areas and
normally not associated with rural.
"U.S.C."means the United States Code, as it now exists or is later amended.
"Use" means the purpose that land or building or structures now serve or for which they are
or may be occupied, maintained, arranged, designed, or intended.
"Utilities" means facilities serving the public through a network of wires or pipes, and
ancillary structures thereto, including systems for the delivery of natural gas, electricity, and
telecommunications services.
"Utility distribution lines"means pipes, wires, and associated structural supports.
"Utility facilities"means facilities directly used for the distribution or transmission of services
to an area, excluding utility service offices.
"Utility substations"means the intermediate substations used for the transmission of utilities.
(See"Utility facilities.")
"Utility transmission lines"means pipes, wires and associated structural supports. [Ord. 5-20
§ 3 (Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 8-06 § 1]
18.10.220 V definitions.
"Vacation,roads and streets"means a statutory procedure by which the county may relinquish
its interest in streets, alleys, or easements.
"Variance"means the means by which an adjustment is made in the application of the specific
bulk, dimensional, or performance standards set forth in this code to a particular piece of
property, which property, because of special circumstances applicable to it is deprived of
113
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
privileges commonly enjoyed by other properties in the same land use designation or vicinity
and which adjustment remedies disparity in privileges. Variances shall not be used to vary
from the allowable, conditional and prohibited uses set forth in Table 3-1 in JCC 18.15.040.
"Variance, major" means all variances other than those meeting the definition of a minor
variance.
"Variance, minor" means variances that would permit expansion of an existing building that
would extend no more than 10 percent beyond the dimensional, area and bulk requirements
specified by this code. Minor variances also include variances to allow expansion of an
existing building that is nonconforming as to setback or lot coverage requirements when the
proposed expansion would not:
(a) Increase the nonconformity of the building; and
(b) Result in any portion of the building or expansion being located closer to the nearest
abutting property line than does the existing building at its nearest point to the property
line.
"Vicinity" means, in rural and resource lands, the area generally within one mile of the
exterior boundary of a given parcel. [Ord. 8-06 § I]
18.10.230 W definitions.
"WAC" means the Washington Administrative Code, as it now exists or may be amended in
the future.
WADOT. (See"WSDOT" or"DOT.")
"Warehouse (or wholesale distribution center)" means a building, establishment or place of
business used primarily for the storage of goods and materials for commercial or industrial
purposes. Retail sales from such establishments shall be incidental to the primary use and
limited to that allowed by JCC 18.20.220, Industrial uses—Standards for site development.
Warehouse,Agricultural. (See "Agricultural warehouse (public warehouse).")
"Water conservation"means a reduction in the amount of water used to carry out a beneficial
water use without a reduction in the value of service the water provides.
"Water, ground" means all waters that exist beneath the land surface or beneath the bed of
any stream, lake or reservoir, or any other body of water within the boundaries of the state, as
defined in RCW 90.44.035.
"Water, potable"means water suitable for human consumption.
"Water purveyor"means any agency or subdivision of the state or any municipal corporation,
firm, company, mutual or cooperative association, institution, partnership, or person or any
other entity that owns or operates a public water system. Includes the authorized agents of any
such entities.
"Water storage tanks"means tanks or reservoirs used for the storage of water.
114
Appendix A,Exhibit 3
Jefferson County Code FIED �ic4c,nn
Chapter 18.10 DEFINITIONS
"Water supply plans" means a design sketch showing proposed source and lots to be served
or detailed engineering plans and specifications.
"Water system, alternative" means any source of water for an individual single-family use
other than a legally constructed well that produces more than 400 gallons per day, or an
approved public water system that can provide adequate water for the intended use of a
structure.
"Water system, approved"means any water source approved by the county health department
and Washington Department of Health, including but not limited to wells, ponds, roof
collection systems, treated systems, and public water supplies.
"Water system, individual (residential)"means any water supply system which is not subject
to the State Board of Health drinking water regulations, Ehapterchapter 246-290 WAC. An
individual water supply system generally provides water to one single-family residence and
no more than one accessory dwelling unit, or in the case of family farms, four or fewer
connections on the same farm.
"Water system,public"means any water system subject to the State Board of Health drinking
water regulations,Chapter--chapter 246-290 WAC,excluding a system serving only one single-
family residence or a system with four or fewer connections all of which serve residences on
the same farm, providing piped water for human consumption, including (a) any collection,
treatment, storage or distribution facilities which are under control of the purveyor and used
primarily in connection with a system, and(b)any collection of pretreatment storage facilities
which are not under the control of the purveyor but are primarily used in connection with the
system.
"WDFW"means Washington Department of Fish and Wildlife.
"WDOE"means the Washington Department of Ecology. (See"Ecology (WDOE).")
"Well testing" means acquiring data directly from a constructed well in order to determine
characteristics of the well, the water found in the well, or the geologic formations through
which the well has passed. The well test may include pump testing, water quality testing, or
geophysical testing.
"Wetland" or"wetlands"has the same meaning as in WAC 365-190-030(22).
"Wetland alteration" means any human-induced action which impacts the existing condition
of a wetland or its buffer.Alterations include but are not limited to: grading; filling; dredging;
draining;channelizing;installing drainage tiles;cutting,pruning,limbing or topping,clearing,
relocating, planting or removing vegetation; applying herbicides or pesticides or any
hazardous or toxic substance; discharging pollutants excepting stormwater; grazing domestic
animals;paving,construction,application of gravel;modifying for surface water management
purposes;or any other human activity that impacts the existing vegetation,hydrology,wildlife
or wildlife habitat. Alteration does not include walking, passive recreation, fishing, or other
similar activities.
"Wetland buffer"means the area immediately adjoining and contiguous with a wetland.
115
Appendix A,Exhibit 3
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Wetland creation" means the action performed to intentionally establish a wetland or a
portion of a wetland where one did not formerly exist.
"Wetland delineation"means the technical process of determining the edge of the wetland in
the field and ascertaining its classification and value.
"Wetland edge" means the boundary of a wetland as identified using the required wetland
delineation procedure.
"Wetland, emergent" means a regulated wetland, or portion thereof, with at least 30 percent
of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost
vegetative strata.
"Wetland enhancement" means alteration of an existing wetland or habitat to improve or
increase its characteristics and processes without degrading other existing functions.
Enhancements are to be distinguished from wetland or habitat creation or restoration projects.
"Wetland, forested"means a regulated wetland, or portion thereof,with at least 20 percent of
the surface area covered by woody vegetation greater than 20 feet in height.
"Wetland functions and values"means the beneficial roles performed by wetlands include but
are not limited to: water quality protection and enhancement; fish and wildlife habitat; food
chain support; flood storage, conveyance and attenuation; groundwater recharge and
discharge; erosion control; wave attenuation; historical and archaeological and aesthetic
value; and recreation.
"Wetland, isolated"means those regulated wetlands which:
(a)Are outside of and not contiguous to any 100-year floodplain of a lake,river,or stream;
(b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland and
any surface water; and
(c) Have no surface water connection to a lake, river, or stream during any part of the
year.
"Wetland, maintenance and repair" means activities that change the size or scope of a use or
structure beyond its original nature; or which drain, dredge, fill, flood, or otherwise alter
additional regulated critical areas.
"Wetland, regulated" means a wetland that meets the standards of this code. However, a
wetland that does not meet these standards may still be regulated under the federal Clean
Water Act.
"Wetland restoration"means the actions performed to re-establish a wetland in an area which
was historically wetland but which does not now provide or contain the necessary functional
characteristics.
"Wetland, scrub-shrub"means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
116
Appendix A,Exhibit 3 REn LINF VERSION
Jefferson County Code
Chapter 18.10 DEFINITIONS
"Wetland specialist"means a person with experience and training in wetlands issues and with
experience in performing delineations, analyzing wetland functions and values, analyzing
wetland impacts, and recommending wetland mitigation and restoration. Qualifications
include: (a) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany,
environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two
years of related work experience, including a minimum of one year experience delineating
wetlands and preparing wetland reports and mitigation plans using the following manuals and
guidelines: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of
Engineers Wetlands Delineation Manual 1987 Edition and corresponding guidance letters,
March 1997 Washington State Wetlands Identification and Delineation Manual, Washington
State Wetlands Rating System for Western Washington, as now or hereafter amended.
Additional education may substitute for one year of related work experience; or(b)four years
of related work experience and training,with a minimum of two years' experience delineating
wetlands using the manuals cited above and preparing wetland reports and mitigation plans.
The person should be familiar with the Pierce County Site Development Regulations, Pierce
County Wetland Management Policies, Ordinance Nos. 88-182 and 89-162, and the
requirements of this title.
"Wildlife biologist" means a person with experience and training within the last 10 years in
the principles of wildlife management and with practical knowledge in the habits,distribution,
and environmental management of wildlife. Qualifications include:
(a) Certification as professional wildlife biologist through the Wildlife Society;
(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife
biology, ecology, zoology, or a related field from an accredited institution and two years
of professional field experience; or
(c)Five or more years of experience as a practicing wildlife biologist with a minimum of
three years of practical field experience.
"Wildlife (wildlife species)" includes both plant and animal species for the purposes of this
code.
"WSDOT" means Washington State Department of Transportation. (See also "WADOT" or
"DOT.") [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
18.10.240 X definitions.
"Xeriscaping" means a water-conserving method of landscaping that utilizes native or other
plants that are drought-tolerant. [Ord. 8-06 § 1]
18.10.250 Y definitions.
Reserved. [Ord. 8-06 § 1]
18.10.260 Z definitions.
ReseFved. {Orc.8-06 § 4}"Zero Lot Line" means a common lot line on which a shared wall
of structure may be constructed.
117
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Chapter 18.18
IRONDALE AND PORT HADLOCK UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Sections:
18.18.005 General applicability.
18.18.010 Purpose.
18.18.020 Establishment of urban growth area(UGA) land use and zoning districts.
18.18.030 Purpose of UGA land use and zoning districts.
18.18.040 Use tables.
18.18.050 Density, dimension and open space standards.
18.18.060 Development requirements and performance standards.
18.18.070 Landscaping.
18.18.080 Parking and pedestrian circulation.
18.18.090 Lighting.
18.18.100 Signs.
18.18.110 Design standards.
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
18.18.130 Development standards in this title.
18.18.005 General applicability.
The land use regulations in this chapter implement the Comprehensive Plan and ensure urban
development is accompanied by urban infrastructure and services, in compliance with the
State Growth Management Act. The availability of sewer facilities is a precondition to
developing inside the UGA at urban densities or standards. Jefferson County will apply urban
standards to parcels where sewer is available. When sewer service is available, refer to this
chapter. [Ord. 9-09 § 2 (Exh. B)]
18.18.010 Purpose.
The purpose of this chapter is to establish land use controls and regulations for the
unincorporated Irondale and Port Hadlock Uurban Ggrowth A_area C"PHUGA') consistent
with the adopted Jefferson County Comprehensive Plan.
Zoning designations are depicted on the map Irondale and Port Hadlock UGA Urban Zoning,
found in the UGA Element, Exhibit 1-22, Jefferson Coup Comprehensive Plan 2( 018)as
Eiguf-e 2-4-in the Urban Growth Area Element of the G,,,,... Fehe.. gam.
This chapter's development regulations shall be used for urban development that has urban
services available. Urban development will not be allowed before the availability of urban
services, namely, sewer availability. Development in those areas in the UGA that do not yet
have sewer available shall be consistent with Chapterchapter 18.19 JCC. See JCC 18.18.060,
Development requirements and performance standards, for specific information about sewer
availability and when urban development standards will apply. If there is conflict between
development regulations in this chapter and elsewhere in this title, then this chapter prevails.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
118
Appendix A,Exhibit 4 RED LINE VERSION
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.020 Establishment of urban growth area (UGA) land use and zoning districts.
Urban Growth Area (UGA)
Land Use Districts Zoning Districts
Urban Residential Urban low density
residential (ULDR)
Urban moderate
density residential
(UMDR)
Urban high density
residential (UHDR)
Urban Commercial Urban commercial
(UC)
Visitor-oriented
commercial (VOC)
Urban Industrial Urban light
industrial (ULI)
Public Public (P)
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.030 Purpose of UGA land use and zoning districts.
The purposes of the land use and zoning districts are as follows:
(1)Urban Commercial (UC). The purpose of the urban commercial designation is to provide
for a wide range of commercial activities and uses compatible with the expressed needs of the
community that will provide goods and services for the UGA, nearby residents and serve the
traveling public;
(2) Visitor-Oriented Commercial (VOC). The purpose of this designation is to recognize the
unique area of the Old Alcohol Plant and allow commercial uses and for visitor-oriented
lodging, goods and services that supplement the historical and tourism-related character of
this area;
(3) Urban Low Density Residential (ULDR). The purpose of the ULDR district is to provide
for areas of single-family urban residential development that are separate from commercial
and industrial uses and activities;
(4) Urban Moderate Density Residential (UMDR). The purpose of the UMDR district is to
provide for areas of mixed single-family and moderate density multifamily urban residential
development;
(5)Urban High Density Residential(UHDR). The purpose of the UHDR district is to provide
for areas of high density multifamily residential development;
119
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(6) Urban Light Industrial (ULI). The purpose of the ULI designation is to allow for low
intensity and low nuisance potential industrial uses;
(7)Public(P). The purpose of the P designation is to provide for the siting of important public
facilities and services compatible. [Ord. 9-09 § 2 (Etch. B); Ord. 3-09 § 5 (Exh. G)]
18.18.040 Use tables.
This section establishes whether a specific use is allowed,prohibited, conditional or otherwise
designated.
Table 3A-1. Allowable and Prohibited Uses
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified
by the following:
• The location may have a multiple designation. This would be true of the Shoreline
Master Program, a subarea plan, or an overlay district applied to the location. The
Shoreline Master Program(SMP) should be consulted if the location of interest is subject
to the SMP jurisdiction. See also Notes 1 to 3 to this table.
• All regulations in this code apply to the uses in these tables. To determine whether a
particular use or activity can occur in a particular land use district and location, all relevant
regulations must also be consulted in addition to this table.
• A development proposal within 200 feet of the ordinary high water mark of a regulated
shoreline is within the jurisdiction of the Shoreline Master Program, and is subject to the
applicable provisions of the SMP in this title.
• Overlay districts provide policies and regulations in addition to those of the underlying
land use districts for certain land areas and for uses that warrant specific recognition and
management. For any land use or development proposed to be located entirely or partly
within an overlay district, or within the jurisdiction of a subarea plan,the applicable
provisions of the overlay district or subarea plan as provided in Articles VI and VII of
Ghapterchapter 18.15 JCC shall prevail over any conflicting provisions of the UDC.
Categories of Uses
Yes = Uses allowed subject to the
provisions of this code,
including meeting applicable
performance standards
(Ghapter-chapter 18.20 JCC)
and development standards
(Chapterchapter 18.30 JCC);
if a building or other
120
Appendix A,Exhibit 4
Jefferson County Code RED UNF vFRR1CIN
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
development permit is
required, this use is also
subject to project permit
approval; see Chapte chapter
18.40 JCC.
D = Discretionary uses are certain
named and all unnamed uses
which may be allowed
subject to administrative
approval and consistency
with the UDC, unless the
administrator prohibits the
use or requires a conditional
use permit based on project
impacts; see JCC 18.15.045
and Chapter-chapter 18.40
JCC.
C = Conditional uses, subject to
criteria, public notice, written
public comment and public
hearing procedure; see JCC
18.40.080.
C(a) = Conditional uses, subject to
criteria, public notice, written
public comment, and an
administrative approval
procedure, but not a public
hearing; see JCC 18.40.080.
C(d) = Conditional uses, subject to
criteria, public notice, written
public comment and, at the
discretion of the
administrator, a public
hearing procedure, if
warranted, based on the
project's potential impacts,
size or complexity, according
to criteria in JCC 18.40.550;
see JCC 18.40.080.
No = Prohibited use.
121
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Moderate High
Commercial Oriented Density Density Density Light Public
Commercial Residential Residential Residential Industrial
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Uses
Single-Family Housing
Single-family residences Existing Existing Yes Yes No No No
only only
Duplexes(subject to fneeting Existing Existing Yes Yes No No No
- en onunder-lyingngderrem only
Manufactured/mobile home parks Existing No Yes Existing Yes No No
only only
Multifamily Housing
Multifamily residential units (3+ Existing Existing No Yes Yes No No
units) enlyD only
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted Yes No Yes Yes Yes No No
living facilities
Emergency housing/emergency Yes No No No No No No
shelters
Permanent supportive Yes No No No No No No
housing,/transitional housing
122
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-I Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Accessory Uses
Accessory dwelling units Existing Existing Yes Yes Yes No No
only only
Home businesses) Yes Yes Yes Yes Yes No No
Cottage industries) Yes Yes No No No No No
Commercial Uses
Animal shelters and kennels, C(a) C(a) No No No No No
commercial
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No No No No No
Automobile repair and/or Yes Yes No No No Yes No
restoration
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
M
m
O
123
z
In
m
M
Cn
G
7
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Bed and breakfast residence Yes Yes Yes Yes Yes No No
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales Yes Yes No No No Yes No
Bowling alley Yes Yes No No No No No
Building supply and hardware Yes No No No No No No
store
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental, and Yes Yes No No No No No
vision) and veterinary clinics and
hospitals
Commercial indoor shooting D D No No No D No
facility
Commercial outdoor shooting No No No No No No No
facility5
Convenience store Yes Yes No No No No No
124
Appendix A, Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Contractor yards (commercial Yes No No No No Yes No
excavating)
Drinking establishment Yes Yes No No No No Yes
Eating establishment Yes Yes No No No Yes Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl. Yes Yes No No No No No
motel/hotel)3
Lumber yard Yes No No No No No No
Marijuana recreational retailer Yes No No No No Yes No
Mini-storage facilities No No No No No Yes No
Personal and professional services Yes Yes No No No No No
M
m
0
r
125 T
A
:A
O
Z
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Moderate High
Commercial Oriented Density Density Density Light Public
Commercial Residential Residential Residential Industrial
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Retail sales and services (not Yes Yes No No No No No
including recreational marijuana)'
Sexually oriented businesses4 C C No No No C No
Unnamed commercial uses D D No No No No No
Industrial Uses
Asphalt batch plants No No No No No No No
Boat storage No No No No No Yes No
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental Yes No No No No Yes No
services
Heavy industry No No No No No No No
Light industry (not including No No No No No Yes No
recreational marijuana)
Outdoor storage yards Yes No No No No Yes No
126
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Moderate High
Commercial Oriented Density Density Density Light Public
Commercial Residential Residential Residential Industrial
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Resource processing, accessory to No No No No No Yes No
extraction operations
Marijuana recreational processor No No No No No Yes No
Mining and mineral extraction No No No No No Yes No
activities
Recycling center C No No No No Yes Yes
Warehouse/moving storage No No No No No Yes No
Warehouse/wholesale distribution C(a) No No No No Yes No
center
(Automobile)wrecking and No No No No No Yes No
salvage yards
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See JCC 18.15.1 10
Public Purpose Facilities
• College or technical school Yes C No No No Yes Yes
n
m
r
127 T
G
T
z
Z
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
• Emergency services (fire, Yes Yes C C C Yes Yes
police, EMS)
• Government offices Yes Yes No No No No Yes
• Library/museum/post office Yes Yes No No No No Yes
• Parks No Yes Yes Yes Yes No Yes
• Public works Yes No No No No Yes Yes
maintenance/equipment storage
shops
• Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
• School, primary and secondary Yes Yes C C C No Yes
• Visitor/community center Yes Yes C(d) C(d) C(d) No Yes
• Water and wastewater Yes Yes C(d) C(d) C(d) Yes Yes
treatment facilities
Cemeteries No No C(d) C(d) C(d) No Yes
Church C(d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) C(d) Yes No No
Unnamed institutional facilities D D D D D D D
128
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D
Utility Uses
Commercial communication See JCC 18.20.130
facilities
Utility developments, major C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing No No Yes No
only
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal No No No No No Yes No
processing and storage
m
129 z
m
33
z
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)Zoning Districts
Commercial Residential Industrial Public
Table 3A-1 Urban Urban
Allowable and Prohibited Uses Visitor- Urban Low Urban
Urban Oriented Density Moderate High Light Public
Commercial Commercial Residential Density Density Industrial
Residential Residential
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Lumber mill, stationary No No No No No No No
Marijuana recreational producer No No No No No Yes No
Nurseries Yes No No No No No No
Unnamed agricultural and forestry D D D D D D D
uses
' Home businesses and cottage industries are allowed in existing residential structures within commercial and visitor-oriented commercial
zones.
'Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density requirement.
4 See JCC 18.20.345 for performance standards.
s Outdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses.
6 Lawful incidental sales of firearms,ammunition,component parts and accessories for indoor shooting facilities shall be allowed.However,
in industrial zones,JCC 18.20.220(1)(c)(i), ii and WD shall apply, but iv shall not.
[Ord. 3-20 § 1 (Appx. A); Ord. 4-15 § 3 (Att. B); Ord. 3-12 § 1 (Exh. H); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
130
Appendix A,Exhibit 4
Jefferson County Code RED LINE VERSION
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.050 Density, dimension and open space standards.
This section establishes specific density and dimensional standards for new urban
development within the UGA.
NOTES TO TABLE 3A-2:
1. Fences are exempt from setback requirements, except in the jurisdiction of the Shoreline
Master Program (SMP) or when impairing safe sight lines, as determined by the county
engineer.
2. Setbacks do not apply to mailboxes;wells;pump houses; bus shelters; septic systems and
drainfields (except in the SMP); landscaping (including berms); utility apparatus such as
poles, wires, pedestals, manholes, and vaults. No other structures or communication devices
(such as antennas, satellite dishes) shall be located in the front setback area unless approved
by the administrator.The administrator may reduce the minimum front road setbacks provided
the proposed structures or required plantings do not interfere with sight distances and thei€
reduced sight lines for vehicular traffic do not create a public safe concern.the s4ic4
appl-ieation e€sueh se4bask would r-eadeF a k-o let e€reeer�unbuildable under the preyisiefis
of this sow
3. Chimneys, smokestacks, fire or parapet walls, ADA-required elevator shafts, flagpoles,
utility lines and poles, skylights, communication sending and receiving devices, HVAC and
similar equipment, and spires associated with places of worship are exempt from height
requirements.
4. Structures used for the storage of materials for agricultural activities are exempt from the
maximum building height requirements.
5. Approved subarea plans may establish different bulk and dimensional requirements for
those areas.
6. "N/A"=Not applicable.
7. Road Classifications. To clarify the setbacks for urban development activities within the
UGA consistent with the requirements of this section, the following road designations shall
apply:
• Principal arterials. None classified in the UGA.
• Minor arterials. SR 19 (Rhody Drive).
• Major collectors. SR 116 (Ness' Corner Road, Oak Bay Road to Flagler Road and Hagler
Road), Chimacum Road, Irondale Road.
• Minor collectors.
• Local access roads.
• Alleys.
• Private roads.
8. The special side and rear setbacks provided in Table 3A-2 shall also apply to outbuildings
for residential or agricultural uses such as detached garages, storage sheds or tool sheds,
except for existing lots of record less than five acres wherein the minimum rear and side yard
setbacks for outbuildings shall be five feet.
131
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)
Table 3A-2 Commercial Residential Industrial Public
Density and Dimensional Urban Urban
Urban Low Urban High
Standards Commercial/Visitor- Moderate Urban Light
Oriented Density Density Density Industrial Public
Commercial Residential Residential Residential
Development Standard UCNOC ULDR UMDR UHDR ULI P
Allowed Residential Density N/A 4-6 7— 12 13— 18 N/A N/A
units/acre units/acre units/acre
Note: Standard densities apply to development with connection required to sanitary sewer system. On-site sewer code allows minimum
12,500 sq. ft. lot for on-site septic systems with waivers possible to approximately minimum 7,500 sq. ft. However,the code does not
allow waivers less than 12,500 sq. ft. for lots within critical aquifer recharge areas(CARAs). Therefore standard density in the ULDR
zone (inside CARAs and outside of phased sewer service areas where sewer service is available) is approximately 3.5 DUs/acre.
Standard density of 4 DUs/acre in the ULDR zone (outside CARAs and outside of phased sewer service areas where sewer is available)
may be achieved only by compliance with the waiver provisions of the on-site septic code. Maximum density of 6 DUs/acre in the
ULDR is only achievable by connection to sanitary sewer.
Minimum Lot Area None specified. Lot sizes shall be sufficient to meet the public health and environmental protection
standards contained in the Jefferson County regulations. Ability to subdivide is regulated by the
permitted development density.
Minimum Front or Street Setbacks Note: The administrator may alter the local access road setback requirements for subdivisions;
provided,that pedestrian facilities are constructed and that reduced sight lines for vehicular traffic
do not create a public safety concern.
Local Access Roads 20 20 20 20 20 20
• Alleys 0 0 0 0 0 0
• Private roads 10 10 10 10 10 10
Minor Collector 20 20 20 20 20 20
132
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
Irondale and Port Hadlock Urban Growth Area(UGA)
Table 3A-2 Commercial Residential Industrial Public
Density and Dimensional Urban Urban
Urban Low Urban High
Standards Commercial/Visitor- Moderate Urban Light
Oriented Density Density Density Industrial Public
Commercial Residential Residential Residential
Development Standard UC/VOC ULDR UMDR UHDR ULI P
Major Collector 15 30 30 30 30 30
Minor Arterial 30 30 30 30 30 30
Principal Arterial 35 35 35 35 35 35
Minimum Rear and Side Yard 5 5 5 5 10 20
Setbacks(See Key Notes)'
Maximum Building Dimensions Note: Maximum building height recommended for increase from 35 feet to 70 feet in all
commercial/industrial zones and in urban residential high density zones to allow for and
accommodate increased densities.
Building Height(feet) 70 35 35 70 70 70
Lot Coverage,Buildings Only (%) No maximum 60 70 70 No
maximum2
Total Building Size (sq. ft.) None specified
Special rear and side setbacks:
• Wherever a light industrial use is proposed to abut a commercial or residential use or zone,the setback shall be 25 feet, unless otherwise
specified in this code.
• Wherever a commercial use is proposed to abut a residential use or zone, the setback shall be 10 feet, unless otherwise specified in this
code.
D
m
0
133 z
m
m
M
Cn
O
7
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
2 Adequate space must be provided for required parking, setbacks, landscaping, utilities, septic system (if no sewer available) and
stormwater management facilities, as applicable.
[Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
134
Appendix A,Exhibit 4
Jefferson County Code
F1ED LINE VEFSIUn
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.060 Development requirements and performance standards.
The following development requirements and performance standards apply to all property
proposed for development within the Irondale and Port Hadlock urban growth area(PHUGA).
No development approval shall be given, and no building permit shall be issued, unless the
proposed development is in compliance with the provisions of this section and Chapterchapter
18.30 JCC, Development Standards.
Development within the Irondale and Port Hadlock UGA shall be governed by the following
level of service standards:
(1)Street Standards.As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall construct stFeets roads which the county determines
are consistent with the adopted urban street standards in JCC 18.30.080.
(2) Water Service. As a condition of any development approval within the Irondale and Port
Hadlock UGA, the property owner shall obtain a certificate of water availability for the
proposed use from Jefferson PUD No. 1 and connect to the PUD No. 1 water system. Fire
flow requirements shall be as specified by the Jefferson County fire marshal.
(3) Storm Drainage. As a condition of any development approval, the property owner shall
construct surface and stormwater management improvements as determined by the county to
be consistent with the surface water management standards adopted in the Jefferson County
stormwater management plan(adopted November 27, 2006, Resolution No. 74-06).
(4) Sanitary Sewer Service.
(a) Sewer Service Area. The sewer service area is the same as the 20-year planning
boundary of the Irondale and Port Hadlock urban growth areaUGA. No development
approval shall be given, and no building permit issued, unless the proposed development
complies with the provisions of this chapter. For development under this chapter, as a
condition of any new development approval or major modification to an existing
commercial, industrial, or malfi€amily residential use located within a sanitary sewer
service area, as identified in the adopted general sewer plan for the Irondale and Port
Hadlock urban growth area, as amended,the property owner must obtain confirmation of
sewer availability from the PHUGA sewer system operator priorageney provide pfief to
development approval and must be a nilable eemieet to the existin sewer hne: Sewers
shall be considered to be available for the purr oses of turning off the transitional rural
zoning in Ej�hapter 18.19 JCC for the Irondale and Port Hadlock urban growth area
as described in title 13 JCC. to the phased implemen4 area w-e sewer=ate ass*...,e-141r-e
ems a seweF phase area, aeeerdiag to the phased areas eetlined in the P-o# 14adloek
Sewer Faeility Xanr,Sept er 2008.
(b)Areas with Sewer Not Yet Available—Interim On-Site Septic Systems.If the proposed
use or major modification is located within the Irondale and Port Hadlock urban growth
area but outside of areas a phased sewe area where sewer is s afe available, then
transitional rural development standards in Ghapterchapter 18.19 JCC apply.
(5) Other Facilities and Services. Reserved.
135
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(6) Credit for Prior Contributions and Infrastructure Improvements.All of the agreements not
to protest formation of local improvement districts or other pro rata cost sharing arrangements
described in this section shall include credit for any contributions or facility construction
already made or completed by the individual property owners (or their predecessor) for the
particular urban public facility or service contemplated by the capital facilities plan. [Ord. 14-
18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.070 Landscaping.
Landscaping for urban commercial, industrial, mixed use, and multifamily developments in
the UGA shall comply with the following standards and shall be exempt from the rural
provisions of JCC 18.30.130, Landscaping/screening:
(1) Landscaping Definitions.
(a) "Visual screen" means evergreen and deciduous trees (no more than 50 percent
deciduous) planted 20 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(b) "Visual buffer" means evergreen and deciduous trees (no more than 75 percent
deciduous) planted 30 feet on center, two shrubs planted between each pair of trees, and
ground cover.
(2)Plant Standards.
(a) Deciduous trees must be one and one-half inches diameter at chest height (four and
one-half feet from ground level) and must have a survivability rate of 100 percent after
one year and 80 percent after two years of planting.
(b) Evergreen trees must be four feet in height and must have a survivability rate of 100
percent after one year and 80 percent after two years of planting.
(c) Ground cover is low evergreen or deciduous plantings at three-foot spacing in all
directions.
(d) Shrubs must be a minimum of 30 inches in height or four gallons and must have a
survivability rate of 100 percent after one year and 80 percent after two years of planting.
(e) The retention of existing natural vegetation in place of new plants is encouraged and
allowed. The use of existing native and/or drought-tolerant landscape materials shall be
utilized whenever possible, and may be used in lieu or in combination with existing
plantings to demonstrate substantial consistency with the requirements of this section.
(3) Screening Standards.
(a)New or expanding commercial or industrial land uses within commercial or industrial
zones shall provide a five-foot visual buffer along all street frontages between the street
and on-site parking areas and a 10-foot visual screen along any property line abutting a
residential zoning district to minimize aesthetic impacts to residential properties.
136
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK RED UNF VFRG10"
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(b)New multifamily dwellings over four dwelling units in residential zones shall provide
a five-foot visual buffer along all street frontages.
(4) Alternative Designs. Alternative designs may be allowed if, upon review by the
administrator, they are determined to provide landscaping substantially equivalent to the
standards in this section. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.080 Parking and pedestrian circulation.
Unless as approved by the administrator,pRarking for all new development shall comply with
JCC 18.30.100, Parking, and JCC 18.30.110, Off-street loading space requirements.
Pedestrian facilities shall be provided in accordance with JCC 18.30.090, Pedestrian
circulation. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.090 Lighting.
Lighting shall comply with the standards set forth in JCC 18.30.140,Lighting;shall not permit
direct illumination of the sky (skyglow); and shall not provide more illumination into an
adjoining property than is received from the adjoining property measured at a vertical plane
at the property boundary (light trespass). [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.100 Signs.
Signs shall comply with the standards set forth in JCC 18.30.150, Sign Code. No sign shall
hereafter be erected or used for any purpose or in any manner in the urban growth area except
as permitted by the regulations of this section.All signs subject to this section shall be subject
to approval and issuance of a sign permit by the administrator according to a Type I permit
approval process as specified in Chapterchapter 18.40 JCC. The administrator may waive
certain requirements of this section or require additional conditions for any sign permit, if
deemed necessary to maintain consistency with the Comprehensive Plan.
(1)Prohibited Signs. The following signs are prohibited:
(a)Abandoned signs;
(b) Billboards;
(c) Flashing, revolving or moving signs, excepting clocks and electronic reader boards
allowed within urban commercial zones;
(d) Off-site signs which advertise a business;
(e) Signs or sign structures, which by coloring, shape, working, or location resemble or
conflict with traffic-control signs or devices;
(f) Signs which create a safety hazard for pedestrians or vehicular traffic; and
(g) Signs attached to utility poles or traffic signs.
(2)Exemptions. The following signs are exempt from the provisions of this section:
(a) Traffic and standardized public signs installed by a government entity;
137
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
(b) Window and merchandise displays, point of purchase advertising displays such as
product dispensers and barber poles;
(c)National flags, flags of a political subdivision, and symbolic flags of an institution or
business;
(d)Legal notices required by law;
(e)Historic site plaques and markers and gravestones;
(f) Personal signs displaying personal messages such as "yard sale" or "no trespassing"
not to exceed eight square feet;
(g)Political signs safely displayed on private property;
(h) Structures intended for separate use, such as recycling containers and phone booths;
(i)Real estate signs; and
0) Lettering painted on or magnetically flush-mounted onto a motor vehicle operating in
the normal course of business.
(3) Design Standards. Signs regulated by this section include signs that are attached to the
building (e.g., facade, projection or wall signs) and signs that are set apart from the building
(e.g., freestanding or monument signs). All signs must meet the following standards:
(a) The following standards apply to the illumination and illustration of signs:
(i)The illumination of signs shall be shaded, shielded,or directed so the light intensity
or brightness shall not adversely affect surrounding properties or public and private
rights-of-way or create a hazard or nuisance to the traveling public, or to surrounding
properties. Illumination of signs shall comply with JCC 18.18.090;
(ii)No sign or part thereof shall consist of rotating,revolving,or moving parts; consist
of banners, streamers, or spinners; or involve flashing, blinking, or alternating lights.
Two exceptions to this standard are (A) temporary signs associated with local
festivals, fairs, parades, or special events pursuant to JCC 18.30.150(8)(b); and (B)
electronic reader board signs or message boards which are only allowed within urban
commercial districts and residential districts for public purpose facilities, subject to
the requirements of this code and JCC 18.30.150(6).
(b) Sign size shall be regulated as follows:
(i) There is no maximum sign size for businesses in the commercial and industrial
districts in the Irondale and Port Hadlock UGA except as specified in this section.
Multitenant developments in urban commercial and industrial districts may have one
freestanding sign,64 square feet in size plus 15 square feet for each occupant,for each
access point, commonly identifying the businesses within multitenant developments
provided such signs total no more than 100 square feet in aggregate. The maximum
138
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK RED LINE vL
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
size for signs placed on a multitenant building identifying individual occupants shall
be no larger than 15 square feet per occupant;
(ii) The square footage of signs shall be calculated by the outside dimensions
necessary to frame the information displayed. No sign mounted on a building shall
extend above or beyond the eaves,rake, or parapet of the wall on which it is mounted.
Any sign projecting beyond six inches from a perpendicular wall shall be at least six
feet eight inches above grade;
(iii) Directional, identification or advertising signs for any use located in any urban
residential district shall not exceed 32 square feet, with the exception of institutional
use signs, which shall not exceed 64 square feet;
(iv)Freestanding signs with reader boards for a single business shall be no larger than
128 square feet.
(c) Uses located in any urban commercial or industrial land use districts shall have no
more than two on-premises signs, except as allowed in this section for multitenant
developments.
(d) Signs attached to or painted against the structure to which they relate shall not be
computed as a part of the overall total square footage, or number of signs allowed.
(e) All signs shall be continuously maintained. Signs that present a public hazard as
determined by the Jefferson County building official or department of public works shall
be subject to abatement.
(f) The design of freestanding signs shall include measures to restrict vehicles from
passing beneath them, unless otherwise permitted by the Jefferson County department of
public works. All freestanding pole signs or projecting signs shall provide pedestrian
clearance to a minimum of eight feet, where applicable.
(g) Signs should be incorporated into the landscaping of the site when landscaping is
provided.
(h) No signs, other than those related to water-dependent uses, such as a marina, are
permitted to face seaward, excepting signs relating to safety concerns, such as cable-
crossing, construction-dredging, fuel area, etc.
(i)No sign shall be placed in the public right-of-way or in the vision clearance triangle of
intersections and curb cuts, unless otherwise approved by the Jefferson County
department of public works.
(4) Specialty Signs. Specialty signs may be established when consistent with the standards set
forth below:
(a) Signs and banners promoting public festivals,community or special events, and grand
openings may be displayed up to 30 days prior to the event, and shall be removed no later
139
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
than seven days after the event. The sponsoring entity is responsible for sign removal.
Event signs may be located off site.
(b) Signs which identify a recognized community or unincorporated place are permitted
at each entrance to the community. Said signs are limited to one per entrance, and may
not exceed 64 square feet or eight feet in height. Signs relating to clubs, societies, orders,
fraternities and the like shall be permitted as part of the community sign.
(c)Businesses may erect temporary on-site sandwich board signs subject to the following
criteria:
(i)No more than two sandwich board signs may be erected per business;
(ii) Sandwich board signs shall not exceed four feet in height or three feet in width;
(iii) Sandwich board signs shall be displayed during business hours only;
(iv) Sandwich board signs shall not be placed on sidewalks; and
(v) Sandwich board signs shall not be placed in public road rights-of-way unless
approved by the Jefferson County department of public works.
(d) Off-site signs may only be allowed when they meet all of the following standards:
(i)Are directional in nature;
(ii) Located on private property along a major or minor arterial;
(iii)Located no more than 600 feet from an intersection;
(iv)No larger than 12 square feet.
(5) Nonconforming Signs. Legally established signs in place prior to the adoption of the
ordinance codified in this chapter and not in conformance with these standards shall be
considered legal, nonconforming signs, and may remain as provided below:
(a)Nonconforming off-premises signs shall be removed within five years of adoption of
the ordinance codified in this chapter. Until then, such signs must be continually
maintained,not relocated,and not structurally altered.Nonconforming off-premises signs
may be replaced by off-site directional signs as allowed in this section;
(b) Nonconforming on-premises signs may remain provided they are continually
maintained,not relocated, and not structurally altered;
(c) Billboards which are in place prior to the adoption of the ordinance codified in this
chapter may remain provided they are continually maintained, not relocated, and not
structurally altered. [Ord. 14-18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh.
G)]
140
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT 14ADLOCK RED LINE VERSION
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.18.110 Design standards.
Reserved. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.120 Site plan approval required in the Irondale and Port Hadlock UGA.
In the Irondale and Port Hadlock UGA prior to the provision of public sewer or public water
to a site, any approval for a commercial, industrial, mixed use, multifamily, high density
residential, or single-family residential subdivision in the ULDR zone is required to include a
site plan which:
(1) Complies with the applicable health regulations and other Jefferson County development
and building regulations (e.g., critical areas, stormwater management, etc.);
(2) Provides for sanitary sewer connection and other utilities.
The site plan prepared under this section and reviewed and approved by the administrator
shall address the following: buffers, landscaping,traffic access and parking standards,current
septic and future sanitary sewer provisions, height and scale in relation to surrounding uses
and future uses, vegetation removal, stormwater, potable water, and lot coverage.
Development of the site shall be consistent with the approved site plan. Minor modification
to the site plan may be allowed by the administrator; provided, that all other regulations and
conditions placed on the approval are met. [Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
18.18.130 Development standards in this title.
In addition to this chapter, development and standards in the UGA shall also comply, where
applicable, with the following chapters in the Unified Development Code:
18.05 Introductory Provisions
18.10 Definitions
18.15 Land Use Districts
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
18.40 Permit Application and Review
Procedures/SEPA Implementation
141
Appendix A,Exhibit 4
Jefferson County Code
Chapter 18.18 IRONDALE AND PORT HADLOCK
UGA DEVELOPMENT REGULATION
IMPLEMENTATION
18.45 Comprehensive Plan and GMA
Implementing Regulations
Amendment Process
[Ord. 9-20 § 2 (Appx. B); Ord. 14-18 § 4 (Exh. B); Ord. 9-09 § 2 (Exh. B)]
142
Appendix A,Exhibit 5
Jefferson County Code RED LINF VERSION
Title 13 UTILITIES
APPENDIX A, Exhibit 5
The following sections in title 13 JCC shall be amended for consistency with the changes
proposed for title 18 JCC in Appendix A.
JCC 13.02.010 is amended as shown below.
13.02.010 "A" definitions.
"Accessory dwelling unit"or"ADU"has the same meaning as in JCC 18.10.010.
"Aggrieved person" means a person who received an adverse decision by the director on
decisions listed in JCC 13.07.060.
"Applicant"means a person who applies for a permit to connect to the PHUGA sewer system.
"Assessment"means a fee to be paid by the property owner for the cost of private construction
of PHUGA sewer system improvements for property within an assessment reimbursement
area.
"Assessment Reimbursement Area" means that area within the Port Hadlock UGA, which
includes all parcels or real property likely to require connection to or service by PHUGA
sewer system improvements constructed by a developer and the county.
"Available"and"availability"means that the PHUGA sewer system is available to a property
as described in chapter 13.04.010 JCC.
JCC 13.04.010 is amended as shown below.
13.04.010 Connection-when required or permitted.
(1) This section concerns areas within the Port Hadlock UGA where the PHUGA sewer
system is"available"as described in ehapter- CC 13.04.0104CIG,where individual properties
within those areas are required or permitted to connect to the PHUGA sewer system.
(2) The following Table 4-1 is intended to add clarification to when properties within the
PHUGA are required to connect to the sewer system.
Use "Adequate"(1) Sewer System Connection
On-Site Sewage "Available"(2) Required?
S stem? ?
Sewer Not"Available" 2
Existing structure N/A No No
Major modification of existing No No No
structure
New structure N/A No No
"Available" 2
Existing single-family residence or No Yes Yes
duplex
143
Appendix A,Exhibit 5
Jefferson County Code
Title 13 UTILITIES
Use "Adequate"(1) Sewer System Connection
On-Site Sewage "Available"(2) Required?
System? ?
Major modification of a single-family No Yes Yes
residence or duplex
Modification of a single-family Yes Yes No
residence or duplex
New single-family residence or duplex N/A Yes Yes
New Accessory Dwelling Unit(ADU) N/A Yes Yes(4)
Garage or addition to structure without Yes Yes No
plumbing
Existing multifamily dwelling N/A Yes Yes
Major modification to a multifamily No Yes Yes
dwellin
New multifamily dwelling N/A Yes Yes
Existing non-residential structure with
less than 1 ERU per month average Yes Yes No(3)
water use
Existing non-residential structure with
less than 1 ERU per month average No Yes Yes
water use
Existing non-residential structure with
equal to or greater than 1 ERU per N/A Yes Yes
month average water use
New non-residential structure N/A Yes Yes
Major modification to a non-residential No Yes Yes
structure
"Adequate"means that the on-site sewage system ("OSS")has a current inspection, is not
failing or in need of significant repairs or replacement, and existing flows or proposed flows
resulting from a building remodel or change of use will not trigger the need for modification to
the OSS as determined by the Director of the Jefferson County Department of Environmental
Health. If the Director of the Jefferson County Department of Environmental Health determines
that a major modification, remodel, or change of use would require modification to or
expansion of an OSS, then a sewer connection is required if the PHUGA sewer system is
"available."
If there is any question whether the on-site sewage system is "adequate," consult with Jefferson
County Environmental Health Department. See JCC 18.19.120 and chapter 8.15 JCC.
"Available" is as described in this section. When sewers are "available,"urban growth area
standards in Chapter-chapter 18.18 JCC apply.
Subject to No Protest Agreement or other binding agreement requiring connection to sewer
when "available"per JCC 18.19.120(3).
When connecting a new detached ADU to the sewer system, all other structures with plumbing
on the same property are required to connect to sewer at the same time.
144
Appendix A,Exhibit 5 RED LINE VEFISICjry
Jefferson County Code
Title 13 UTILITIES
145
Appendix A,Exhibit 6
Jefferson County Code
Title 15 BUILDING
Appendix A /Exhibit 6
The following changes to title 15 JCC are made to be consistent with the amendment made to
tile 18 JCC (Appendix A):
New Section 15.05.047 Automatic fire-extinsuishinij systems.
(1)An automatic fire-extinguishing system shall be installed in all structures as set forth in
this section, and as described in chapter 9 of the currently adopted editions of both
the International Fire Code and the International Building Code as amended and adopted
by the state of Washington. For the purposes of this section, fire barriers and fire walls of
any type do not constitute separate buildings.
(a) In all newly constructed residential buildings (R occupancies), located within any
Urban Growth Area(UGA)in unincorporated Jefferson County,with a gross floor area
of five thousand (5,000) or greater square feet, regardless of type or use, as well as
zero lot line townhouses with an aggregate area of all connected townhouses five
thousand(5,000) square feet or greater;
(b) In all newly constructed buildings, located within any UGA in unincorporated
Jefferson County, other than R occupancies with a gross floor area of ten thousand
(10,000) or greater square feet; unless prior authorized by the fire code official.
146
RED LINL VERSIuov
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
18.10.060 F definitions.
"Facility and service provider" means the department, district, agency or private entity
responsible for providing a specific concurrency facility.
"Family" means M number of an individual or five or more persons related by blood or
marfiage or a group of not more dwa fie persons living together as a single housekeeping
unit and doing their cooking on the premises as distinguished from a group occupying a
boarding house or rooming house or motel.
"Farm assistance agencies"means federal,state,or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the
federal Natural Resources Conservation Service, the Washington Department of Agriculture,
or the Jefferson County conservation district.
"Farm equipment" for all chapters in this title, except Chapterchapter 18.22 JCC, includes,
but is not limited to, tractors, trailers, combines, tillage implements, balers, and other
equipment, including attachments and accessories that are used in the planting, cultivating,
irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
"Farm equipment"for purposes of Chapter-chapter 18.22 JCC is governed by the definition of
"agricultural activities."
"Farm plan" means a conservation plan developed by a farm assistance agency and a
landowner outlining a series of actions developed to meet a landowner's goals while
protecting water quality and the natural resources within and around the farm property. Many
things are considered in a farm plan including farm size, soil types, slope of the land,
proximity to streams, wetlands or water bodies, type and numbers of livestock or crops,
resources such as machinery or buildings and finances available. The terms "conservation
plan" and "farm plan" are interchangeable in this context.
"Farm worker housing"means a place,area,or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
"Farmed wetland"means wet meadow,grazed or tilled; an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.
"Feasible alternative"means an alternative that:
(a) Meets the requirements of federal, state, and local laws and regulations;
(b)Attains most or all of the basic objectives of the project;
(c) Is technically and technologically possible;
(d) Can be accomplished at a reasonable cost;
147
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
(e) Can be accomplished in a reasonable amount of time; and
(f) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(i) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(ii) Risk of"upset conditions" (i.e., the risk that the control and mitigation measures
will fail, be overwhelmed, or exceed allowed limits) and the potential severity of the
impact should control or mitigation measures be ineffective or fail;
(iii) Capital and operating costs;
(iv) Period of time to accomplish, costs of additional time or delay, and time
constraints for completion; and
(v) Location and site-specific factors, such as seasonal or topographic constraints,
critical areas and habitats, site accessibility, and local community concerns.
"Federal candidate species" means formally proposed endangered or threatened species and
candidate species for which the U.S. Fish and Wildlife Service has information to indicate
biological vulnerability and threat.
"Federal endangered species" means species in danger of extinction according to the U.S.
Fish and Wildlife Service official listing.
"Federal sensitive species" means species that are considered a sensitive species by the U.S.
Fish and Wildlife Service.
"Federal threatened species" means species likely to become endangered within the
foreseeable future according to the U.S. Fish and Wildlife Service official listing.
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation
Service manual that contains information for use in technical assistance to decision-makers
for resource management.
Filing. (See "Recording.")
"Fill"means any sand,gravel,earth, or other materials of any composition whatsoever placed
or deposited by humans.
"Final plat"means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in
IChapterchapter 18.35 JCC and all other applicable codes and ordinances.
148
Appendix C,Exhibit I RED r rnir
Jefferson County Code
18.10.060 DEFINITIONS
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of "firearm" includes the terms "pistol,"
"rifle," "short-barreled rifle," "shotgun," "short-barreled shotgun," "machine gun," and
"antique firearm" as those terms are defined in RCW 9.41.010. The term "firearm" shall not
include: (a) devices, including but not limited to "nail guns," which are used as tools in the
construction or building industries and which would otherwise fall within this definition; or
(b) a"destructive device" as defined in 18 U.S.C. Section 921(a)(2).
"Firing line"means a line parallel to the targets from which firearms are discharged.
"Firing point"means a location from which one individual fires at an associated target located
down range.
"Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-
030(6).
"Flood Insurance Rate Map(FIRM)"means the official map issued by the Federal Emergency
Management Agency that delineates both the special hazard areas and the risk premium zones
applicable to Jefferson County.
"Flood or flooding" means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters.
"Forest land"has the same meaning as in WAC 365-190-030(7).
"Forest management" means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber on a harvest site for
less than 30 days per calendar year, including but not limited to: road and trail construction
and maintenance; harvest, final and intermediate; precommercial thinning; reforestation;
fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush
control.
"Forest practice,conversion"means the conversion of land to an active use incompatible with
timber growing and where future nonforest uses will be located on currently forested land.
"Forest practice, conversion option harvest plan (COHP)"means a voluntary plan developed
by the landowner and approved by the county that indicates the limits and types of harvest
areas,road locations, and open space. This jointly agreed plan is submitted to the Washington
Department of Natural Resources (WDNR) as part of a Class II, III, or IV special forest
practice permit application, and is attached to and becomes part of the conditions of the permit
approved by the WDNR.
149
Appendix C,Exhibit 1
Jefferson County Code
18.10.060 DEFINITIONS
"Forest resource lands" means lands primarily devoted to growing trees for long-term
commercial production on land that can be economically and practically managed for such
production(RCW 36.70A.030(8)).
"Frequently flooded areas"has the same meaning as in WAC 365-190-030(8). [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
150
Appendix C,Exhibit 2 RED UNE VERSION
Jefferson County Code
Ch. 18.10.030 Definitions
18.10.030 C definitions.
"Calendar day"means any day of the week, including weekends and holidays. When used for
computing time,the day shall begin with the first day following the act or event initiating such
period of time occurred. When the last day of the period so computed is a Saturday, Sunday,
or a county, national, or state holiday, the period shall run until the end of the following
business day.
"Campground and camping facilities" means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters.
"Capital facilities"means physical structures or facilities owned or operated by a government
entity which provides or supports a public service.
"Capital improvements" means improvements to land, structures, initial furnishings, and
selected equipment.
"Caretaker residence"means a residence located on a premises with a main nonresidential use
and occupied only by a caretaker, and his/her immediate family, or guard employed on the
premises.
"CC&Rs"means covenants, conditions and restrictions by which the declarant or other party
or parties executing the CC&Rs impose contractual obligations upon the present and future
owners and assignees of real property. CC&Rs are connected with land or other real property,
and run with the land, so that the grantee of such land is invested with and bound by the
CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in
accordance with Chapterchapters 64.32 and 64.34 RCW. CC&Rs are not enforced by the
county.
"Certificate of occupancy or use"means a document issued by the Jefferson County building
official as the final approval acknowledging that all conditions and requirements have been
met and that the occupancy or use of a development is allowed.
"Certified feed lot" means any place, establishment, or facility commonly known as a
commercial feed lot, or the like, which complies with all of the requirements of
Ehaptffchapter 16.58 RCW and associated rules and which holds a valid license from the
state.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels. "Channel
migration zone"means the historic channel migration zone(which is the footprint of the active
channel documented through historical photographs and maps), the avulsion hazard zone
(which is an area with the potential for movement of the main river channel into a new
location), and the erosion hazard area(which is an area outside the historic channel migration
zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of
time and a geotechnical setback to account for slope retreat to a stable angle of repose).
151
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
"Channel migration zone"does not include disconnected migration areas,which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities built above or constructed to
remain intact through the 100-year flood elevation),that are no longer available for migration
by the river. "Channel migration zone" may exclude areas that lie behind a lawfully
established flood protection facility that is likely to be maintained by existing programs for
public maintenance consistent with designation and classification criteria specified by public
rule. When a natural geologic feature affects channel migration, the channel migration zone
width will consider such natural constraints. "High channel migration hazard" (or high risk
CMZ) for the Big Quilcene,Little Quilcene,Dosewallips,Duckabush, and Lower Hoh Rivers
means those nondisconnected portions of the channel that are likely to migrate within a 50-
year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers,
"moderate channel migration hazard"(or moderate risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame; and,
"low channel migration hazard" (or low risk CMZ)means those nondisconnected portions of
the channel that are likely to migrate beyond a 100-year time frame.For the Lower Hoh River,
"moderately high hazard" (or moderately high risk CMZ) means those nondisconnected
portions of the channel that are likely to migrate within a 50- to 100-year time frame,
"moderate hazard" means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame, and"low hazard"means the nondisconnected portions
of the channel that are less likely to be affected by channel migration, but are still at risk due
to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs
include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek,
Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
"Clearing" means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover or trees including,but not limited to,root material or topsoil material.
"Cluster development" means a development design technique that groups or "clusters"
buildings in specific areas on a site rather than spread evenly throughout the parcel as in a
conventional lot-by-lot development. The remaining land is to remain undeveloped in
perpetuity and used for recreation, common open space, and/or preservation of critical areas.
"Co-housing (intentional communities)" means single-family residential developments,
subject to the underlying land use district density, which may contain lots or structures in
common ownership subject to meeting all other applicable provisions of this UDC and if
approved under the requirements of Article VI-M ofChapter--chapter 18.15 JCC, Planned
Rural Residential Developments (PRRDs), where applicable.
"Commercial communication towers" means towers, dishes, or antennas established for the
sending or receiving of signals for commercial purposes.
"Commercial kennel" has the same meaning as in JCC 6.07.020, as it exists now or may be
amended in the future.
"Commercial recreational facility" means a place designed and equipped for the conduct of
sports and leisure-time activities that is operated as a business and open to the public for a fee.
152
Appendix C,Exhibit 2
Jefferson County Code RED UNF VERSION
Ch. 18.10.030 Definitions
"Commercial shooting facility"means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open
to the public, open only to private membership, or any combination of the above that for the
use of the commercial shooting facility requires a contract, charges a fee or other
compensation, or requires membership. In addition, where property is used primarily for
lawful shooting practice for guests of the owner, and where the other uses of the property
either facilitate shooting practice or are incidental, intermittent or occasional and whether or
not payment is received, it is presumed that the property used for lawful shooting practices is
a commercial shooting facility. The term "commercial shooting facility" does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the state of Washington, or any political subdivision of the state of
Washington; or
(b)Any portion of a privately owned property used for lawful shooting practice solely by
its owner or the owner's guests without payment of any compensation to the owner of the
privately owned property or to any other person, except where the property is presumed
to be a commercial shooting facility, as described above.
"Commercial sign" means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
"Commercial use"means a business use or activity at a scale greater than a home business or
cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
"Common area"means any area contained within the boundaries of a proposed land division
or within a multifamily residential development and owned by the lot owners as tenants-in-
common, joint tenancy, or through an association or nonprofit association, and provided
specifically for the common use of the residents.
"Common open space"means a parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a subdivision and designed and intended for
the use or enjoyment of the public. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and enjoyment
of the residents of the subdivision.
"Community structure" means a structure which is intended for the common use of the
residents of a particular subdivision or community.
"Compatible" means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to
the normal use and enjoyment of surrounding property.
"Comprehensive Plan" means the Jefferson County Comprehensive Plan and all of its goals,
objectives,policies, documents, and maps which is a generalized coordinated land use policy
statement of the Jefferson County board of commissioners, adopted pursuant to
C;hVtffchapter 36.70A RCW.
153
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
Concentrated Animal Feeding Operation (CAFO). (See "Animal feeding operation,
concentrated(CAFO).")
"Concurrency"means a condition in which an adequate capacity of capital and transportation
facilities and services is available to support development at the time that the impacts of
development occur. (See also "Adequate capacity (adequate capital or public facilities),"
"Available capital facilities (available capacity)," and"Level of service (LOS).")
"Conditional use" means a use that, owing to some special characteristics attendant to its
operation or installation (e.g., potential danger, traffic, smoke or noise impact), is permitted
in a district, subject to approval and special requirements, different from those usual
requirements for the district in which the conditional use may be located.
"Conditional use permit"means a permit issued by Jefferson County stating that the land uses
and activities meet all criteria set forth in this code, and all conditions of approval in
accordance with the procedural requirements of this code.
"Condominium" means real property, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with Chapter--chapters 64.32 and 64.34 RCW. Condominiums are
not confined to residential units, such as apartments, but also include offices and other types
of space in commercial buildings.
"Congregate Living Facilities (nontransient)" means a building or part thereof that does not
contain more than two dwelling units, with 16 or fewer nontransient occupants, and contains
sleeping units where residents share bathroom or kitchen facilities, or both, as regulated under
310.4 Residential Group R-3, Washington State Building Code.
"Conservation district"means a"special purpose district,"like a fire district or school district,
organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to
landowners for the conservation of renewable resources.
"Construction/contractor yards and offices" means service establishments primarily engaged
in general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops and the indoor or outdoor storage of tools, equipment,
materials, and vehicles.
Contract Purchaser. (See"Applicant.")
"Convenience store" means any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with the same and having
a gross floor area of less than 5,000 square feet.
"Cottage industry" means a commercial or manufacturing activity conducted in whole or in
part in either the resident's single-family dwelling unit or in an accessory building, but is of a
scale larger than a home occupation or home business. A cottage industry is a limited, small-
154
Appendix C,Exhibit 2
Jefferson County Code
Ch. 18.10.030 Definitions
scale commercial or industrial activity,including fabrication,with limited retail sales,that can
be conducted without substantial adverse impact on the residential character in the vicinity.
"County"means Jefferson County, Washington, its board, commissions, and departments.
"Critical aquifer recharge areas"has the same meaning as in WAC 365-190-030(3).
"Critical area buffer"means any buffer required by Chapter 18.22 JCC.
"Critical areas" has the same meaning as in WAC 365-190-030(4).
"Critical habitat" means an area or type of environment that may be of crucial importance to
the perpetuation of an organism or biological population which normally lives or occurs there.
"Cul-de-sac"means a road closed at one end by an area of sufficient size for turning vehicles
around.
"Current use"means the use of land or improvements at the time of permit application.
"Custom meat facility"means a facility operated by a person licensed to prepare uninspected
meat for the owner of the uninspected meat.
"Custom slaughtering establishment" means a facility operated by a person licensed to
slaughter meat food animals for the owner of the animal at a fixed location. [Ord. 5-20 § 3
(Appx. A); Ord. 3-20 § 1 (Appx.A); Ord. 12-19 §4(Appx. C); Ord. 14-18 §4(Exh.B); Ord.
6-09 § 1 (Exh. B); Ord. 3-08 § 1 (Exh. C); Ord. 8-06 § 1]
155
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial Ru
Forest
Agricultural Commercial,1 1 1 Rural Rey
Prime and Rural DU/5 DU/IODU/20Vi1lageConvenienc Neighborhood/Visito General Crossroad Crossroad Crossroad Ba
Local and Acres Acres Acres Center Inc.
Inholding
RR RR RR
Specific Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC R13
Residential Uses
Single-Family Housing
Accessory dwellings units Yes Yes Yes Yes Yes Yes No No No No
Caretaker residence (public No No No No No No No No No No
parks)
Co-housing/intentional Yes No Yes Yes Yes Yes No No No No
communities (subject to
PRRD overlay in RR districts)
Congregate Living Yes No Yes Yes Yes Yes No Yes Yes No
Facilities—nontransient
156
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial Ru
Forest
Agricultural Commercial, 1 1 1 Rural Re!
Prime and Rural DU/5 DU/IODU/20Vil1ageConvenienc Neigh borhood/Visito General Bay
Crossroad Crossroad Crossroad
Local and Acres Acres Acres Center lnd
Inholding
RR RR RR
Specific Land Use AG CF/RF/IF 1:5 l:10 1:20 RVC CC NC GC RB
Manufactured/mobile home No No Yes Yes Yes Yes No Yes Yes No
parks (subject to PRRD
overlay in RR districts)
Single-family residences Yes Yes Yes Yes Yes Yes No No No No
Transient rental of residence Yes Yes Yes Yes Yes Yes No No No No
or accessory dwelling unit
Duplexes (subject to meeting Yes Yes Yes Yes Yes Yes No No No No
underlying density
requirements)
Farm worker housing See JCC No No No No No No No No No
18.20.030
Multifamily Housing
m
O
r
Z
m
157 m`
M
W
Q
Appendix C,Exhibit 3
Jefferson County Code
Ch. 18.10 Definitions
Resource Lands Rural Residential Rural Commercial llu
Forest
gricultural Commercial, I 1 1 Rural Conveniencee,,
Prime and Rural DU/5 DU/lODU/20 Village Neigh General a-
ocal and Acre cres Acres enter Crossroad Crossroad Crossroad Ind
Inholding
RR RR RR
Specific Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC RB
Multifamily residential units No No No No No Yes No Yes Yes No
(3+ units)
Residential care facilities with No No Yes Yes Yes Yes No No Yes No
up to 5 persons
Residential care facilities with No No C C C Yes No No No No
6 to 20 persons
Nursing/convalescent/assisted No No C C C Yes No Yes Yes No
living facilities
Unnamed residential uses No No D D D D No D D No
158
RED LINE VERSION
Planned Rural Residential (PRRD) Amendment
18.15.485 Minimum and maximum land area— Dwelling unit cap and cluster cap.
The permissible number of dwelling units within a PRRD shall be calculated based upon the
dwelling unit density of the underlying land use district. For the purposes of this chapter,
dwelling units and accessory dwelling units are considered equivalent and may be combined
when calculating dwelling unit density of the underlying land use district, so that theme of
permissible units is the sum of rip mart' units plus accessory units.
(1) The minimum land area required for PRRD proposals shall be as follows:
(a) RR 1:5 district— 10 gross acres;
(b) RR 1:10 district—20 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts—40 gross acres.
(2) The maximum land area that may be included in a PRRD proposal shall be as follows:
(a)RR 1:5 district—225 gross acres;
(b) RR 1:10 district—450 gross acres; and
(c) RR 1:20 and agricultural (AP-20 and AL-20) districts— 900 gross acres.
(3) The maximum number of dwelling units that may be permitted in a PRRD proposal shall
be limited to 45, contained within dwelling unit clusters of not more than 20 dwelling units
each; except, that where a density bonus is requested under JCC 18.15.520,the proposal may
include up to a total of 54 dwelling units, contained within dwelling unit clusters of not more
than 22 dwelling units each.
(4) Dwelling unit clusters within PRRD proposals shall be sufficiently separated to provide
visual relief and maintain rural character. Where feasible, clusters shall be separated by the
natural topographical features of the site, including, but not limited to, critical areas,
watercourses, and ridge lines. However, in no case shall dwelling unit clusters be located
closer than 600 lineal feet from one another. These requirements regarding separation of
dwelling unit clusters shall also be applied to circumstances where the adjoining property or
properties have previously been developed through the PRRD process as set forth in this
Article VI-M. [Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
159
Appendix D, Exhibit 1
Proposed Amendments to CP and Ch. 18.15 JCC
AIRPORT OVERLAY AMENDMENTS
Comprehensive Plan
Page 1-20
${JCIA LI/M Overlay III, censrJtig of 24-acres, Assessor's Par-eel No 001 331 005 in the
AEPF
Page 1-9383: Amending Exhibit i 20 jCIA T IA4 ever-lay ge phy
Exhibit/--20 will require modification to accurately depict the new geographic extent of the JC
lA L11M Overlay 111
[NOTE- SEE REQUEST CYRUS/ATWELL TO PRODUCE ANOTHER MAP WHICH
EXCISES SETON, FIRE DISTRICT AND THE PARCELS ON EITHER SIDE OF THE A.
OWEN PARCEL
[INSERT MODIFIED/DOWNSCOPED MAP EXHIBIT HEREI
Page 1-91: amend with same map shewing the extent of the jeffefsen eounly international
The map depicting the extent of the Jefferson County International Airport Non-AviationRelated
Light Industrial/Manufacturing Rural Light Industrial Area will require modification to
accurately depict the new , eeoographic extent of the land use designation; no amendment to the
text accompanVing the map is required.
Page 6-7
First paragraph:
Ancillary uses of the facility which attracts public interest and increases use in the airport
includes businesses and organizations such as an aero museum, flight instruction school,
airplane mechanics, airplane restoration school, restaurant, and 24-aereareas designated in
2009--(OFd. No. 11 1215-09) for non-aviation-related light industrial/manufacturing
development.
Page 7-20:
Second to fourth and fifth paragraphs:
Industrial sites in Jefferson County include the Port of Port Townsend, Port Townsend
Industrial Park (which has become a commercial and business park), Glen Cove, Eastview,
Quilcene Industrial Area, the Irondale/Port Hadlock UGA, the Port Townsend Paper
Company, 24 acres at a Light Industrial/Manufacturing area at the Jefferson County
International Airport, and Resource Based Industrial zoned sites.
In addition to the industrial sites described above, the light industrial manufacturing park at the
Jefferson County International Airport, also known as the Airport Light Industrial Park also
allows non- aviation related industrial and manufacturing uses. in 2009, the County appr-eved .,
fezene of 24 acres ffem rural residential to Airport Essential Public Facility eapable of
suppefting tip to ten small to meditim sized lowimpaet, non aviation related light
industf'"' iifaetur-i=ram-busines es As of -2017 the site-Development of the Airport Light
160
Appendix D, Exhibit 1 RED LINE vFRSInN
Proposed Amendments to CP and Ch. 18.15 JCC
I Industrial Park will requires--a Binding Site Plan approvals) and, clearing and installation of
infrastructure before any-business operations may commence.
Unified Development Code Proposed Amendatory Language:
18.15.1110 Designated.
The Jefferson County International Airport(JCIA) is a general purpose,public aviation airport
that provides recreational, business, flight training, charter and air taxi services and other uses.
The airport essential public facility district designation (see the official Jefferson County
Comprehensive Plan land use designations map) shall apply to the following:
(1)Parcels designated as an airport essential public facility on the official Jefferson
County Comprehensive Plan land use designations map;
(2) Any parcel or parcels (a) subsequently acquired by the Port in ae ee with t �
plan, depicted on the Airport Layout Plan (ALP) Map
of the FAA-approved Airport Master Plan or (b) currently owned by the Port, which are
approved for inclusion in the airport essential public facility district through the Jefferson
County Comprehensive Plan text and land use amendment process, or any other applicable
process. —8-06 �}
18.15.453 Airport Overlay III.
(1)Purpose. The purpose of the Airport Overlay III is to provide a limited opportunity for rural
scale non- aviation-related industrial uses that contribute to the long-term financial viability
of the AEPF and to enhance the economic vitality and quality of life for the citizens of
Jefferson County.
(2) Overlay Map. Jefferson County will prepare and maintain an Airport Overlay III map that
identifies the parcels located within the overlay.
(3)Other Regulations. Any parcel considered part of the JCIA-III overlay is still subject to the
FAA established Building Restriction Line and all applicable regulations.
161