HomeMy WebLinkAbout7b. 06 25 2024 - Jefferson County - Middle Housing Code Audit Memo with Gap Report 1
Middle Housing Gap Report
Code Audit Memo with Recommendations for Middle Housing-Related Amendments
Jefferson County | June 2024
Contents
Introduction ........................................................................................................................................... 3
New State Requirements for Middle Housing ..................................................................................................... 3
Relationship to County’s Comprehensive Plan ..................................................................................................... 3
Relationship to County’s Code ................................................................................................................................ 4
Summary of Findings & Recommendations .......................................................................................... 6
Gap Analysis Framework ..................................................................................................................... 6
Review of Code Guidance Resources ................................................................................................................... 6
HB 1110 ................................................................................................................................................................ 6
Commerce Model Ordinance ............................................................................................................................ 9
HB 1337 ................................................................................................................................................................ 9
SB 6015 .............................................................................................................................................................. 11
HB 1998 .............................................................................................................................................................. 11
Code Review ....................................................................................................................................... 12
Density ....................................................................................................................................................................... 12
Zoning .................................................................................................................................................................. 12
Zero Lot Lines...................................................................................................................................................... 13
Housing Types .......................................................................................................................................................... 14
Allowed Residential Uses ................................................................................................................................. 14
Unit Lot Subdivisions .......................................................................................................................................... 15
Parking ...................................................................................................................................................................... 15
Off-Street Parking ............................................................................................................................................ 15
Parking Design ................................................................................................................................................... 16
Development Standards & Review Process ....................................................................................................... 16
Development Standards ................................................................................................................................... 16
Review Process ................................................................................................................................................... 17
Definitions ................................................................................................................................................................. 17
Findings ................................................................................................................................................................ 18
Other Considerations.............................................................................................................................................. 18
Transportation Impact Fees.............................................................................................................................. 18
Other – For Discussion with County ................................................................................................................ 19
Helpful Resources ................................................................................................................................ 20
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Exhibits
Exhibit 1. Summary of New State Requirements and Applicability to the County Code ................................. 4
Exhibit 2. Summary of Gap Analysis Findings .......................................................................................................... 6
Exhibit 3. Residential Zones Densities and Dimensions for Irondale and Port Hadlock UGA ........................ 13
Exhibit 4. Residential Land Uses – Dwelling Unit Types and Accessory Uses ................................................... 14
Exhibit 5. Minimum Off-Street Parking Requirements ........................................................................................... 15
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Introduction
Jefferson County is updating its Comprehensive Plan and development regulations for 2025 major
update. The County is required to update its regulations to comply with new state legislation adopted in
2023 and 2024. This code update will support implementation of housing policies in the draft 2025
Comprehensive Plan. State law applies to a number of cities where the middle housing standards would
be mandatory. The County received a grant to include middle housing regulations within its unincorporate
urban growth areas (UGA) in Irondale and Port Hadlock. Based on the population (less than 25,000), tier
3 middle housing requirements should be considered for Irondale and Port Hadlock UGA. Conducting a
gap analysis will identify barriers to middle housing in the code and provide a path forward for code
updates and adoption.
New State Requirements for Middle Housing
House Bill (HB)1110 was adopted in 2023 and established new middle housing requirements for
Washington jurisdictions. Under the middle housing regulations, communities must allow middle housing types
and at least two dwelling units per lot in residential zones, with some exceptions. HB 1337 was also
adopted in 2023 and has related requirements for accessory dwelling units (ADUs). Under this law, at least
two ADUs per lot must be allowed in residential zones in cities and UGAs. HB 1998 requires communities to
allow co-living. The details of HB 1110, HB 1337 and HB 1998 are described in the Gap Analysis
Framework section of this memo.
In 2024 the state legislature adopted more bills to clarify the state’s middle housing framework. HB
2321 makes a few technical changes to clarify the new middle housing requirements in HB 1110. Senate
Bill (SB) 5258 includes provisions to increase the supply and affordability of townhome and condominium
units, including a requirement for cities to ensure transportation impacts fees for new smaller housing units
are proportionately smaller than for single family housing units, and a requirement for cities to allow unit
lot subdivisions in short plats. Unit lot subdivisions are a type of subdivision that allow division of a parent
lot into separately owned unit lots; they may include a commonly owned area. SB 6015 creates
additional restrictions on what a jurisdiction can require in their parking standards to facilitate the
construction of infill housing; the new restrictions are listed in the Gap Analysis Framework section of this
memo. Engrossed Substitute House Bill (ESHB) 1293 establishes that local governments may not impose
aesthetic standards or requirements for design review that are more restrictive for ADUs than those for
principal units.
Relationship to County’s Comprehensive Plan
The County is in the process of completing a major update of its Comprehensive Plan. The Housing
Element of the Comprehensive Plan will be updated to comply with new housing requirements under HB
What is Middle Housing?
State law defines middle housing as “buildings that are compatible in scale, form, and character with single-family
houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes,
fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.” (RCW 36.70A.030)
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1220. The final plan will be adopted in 2025. The new policy language in 2025 Comprehensive Plan
will support middle housing types within Irondale/Port Hadlock UGA, updating county code to comply
with state law and reducing barriers for middle housing development.
Relationship to County’s Code
Middle housing requirements would apply to Irondale/Port Hadlock UGA. Based on the population in this
area (less than 25,000), tier 3 middle housing requirements should be considered. This gap report
identifies code updates needed for full compliance with state middle housing requirements. This also
includes a review of new housing laws applicable to the overall county code. The gap report suggests
optional code updates for consideration that could further improve County support for meeting community
housing needs described in the 2025 Comprehensive Plan. Exhibit 1 summarizes the new requirements
and their applicability in the County Code.
Exhibit 1. Summary of New State Requirements and Applicability to the County Code
New Statutes and Requirements Applicable Areas/ Code Sections to Update
House Bill (HB) 1110 – Middle Housing
New middle housing requirements for some
Washington jurisdictions. Under the middle housing
regulations, communities must allow middle housing
types and at least two dwelling units per lot in
residential zones, with some exceptions.
ESSB 5963 – Grant support for middle housing
HB 2321 – Clarifies and amends HB 1110
Irondale/Port Hadlock UGA
JCC 18.18.050 Table 3A-2 - Allow 2 du/ lot (duplexes) (add
exceptions - does not apply to lots after subdivision below
1,000 square feet unless the there is a smaller allowable lot
size in the zone.)
JCC 18.18.040, Table 3A1 – Allow other middle housing type
triplexes, fourplexes, fiveplexes, sixplexes, townhouses,
stacked flats, courtyard apartments, and cottage housing
(Optional for tier 3)
Dimensional standards and permit process cannot be more
restrictive than single-family
Administrative design review
JCC 18.30.100 Table 6-2 – modify parking requirements for
duplexes and Multifamily residential (3+ units) on lots 6000
square feet or less – maximum one off-street parking
JCC 18.18.080, 18.30.100 Parking – For middle housing, no
off-street parking shall be required within one-half mile
walking distance of a major transit stop
JCC 18.10 - Update/ add definitions – middle housing, duplex, zero lot lines
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HB 1337 – ADU
At least two ADUs (both attached, both detached,
or one attached and one detached) per lot must
be allowed in residential zones in urban growth
areas (UGAs) within all zones in urban growth
areas where single family homes are permitted.
County UGAs / Irondale/Port Hadlock UGA
JCC 18.30.020 - Allow two ADUs per lot.
JCC 18.20.020 (2)(a) May not establish a maximum gross floor
area requirement for ADUs that is less than 1,000 square feet
(Already in compliance 1250 square feet)
JCC 18.20.020 (2)(b) - Not to require owner occupancy.
JCC 18.30.100 Table 6-2 – clarify ADU off-street parking
requirements
No on-site parking standards may be applied to ADUs located
within a half-mile of a major transit stop
JCC 18.18.050 - Not to impose setback requirements, yard
coverage limits, tree retention mandates, or restrictions on entry
door location that are more restrictive than those required for
the principal unit
JCC 18.18.050 – not to impose height limits less than 24 ft
JCC Article 18.35 - Not to prohibit condominium sale (also see unit lot development SB 5258)
Should not require more than 50% of impact fees charged for the principal unit
HB 1998 – Co-Living1
Requires communities to allow co-living on any lot
located within an urban growth area that allows at
least six multifamily residential units, including
mixed use zoning.
Irondale/Port Hadlock UGA
JCC 18.18 and 18.30.020 – allow co-living
JCC 18.10 - update definitions to add co-living
HB 1220 – Housing and Equity
Requires communities to plan for and
accommodate housing affordable to all economic
segments of the population of this state.
Jefferson County Comprehensive Plan and Development
Regulations
JCC code – various sections for consistency
Senate Bill (SB) 5258 – Unit Lot Subdivision
This requires cities, towns and counties (RCW
58.17.060(3)) to allow unit lot subdivisions in their
short plat regulations, to facilitate townhome and
condominium development.
Lower transportation impact fee
Countywide / Irondale/Port Hadlock UGA
JCC Article 18.35, Land Divisions – include unit lot subdivisions
SB 6015 – Parking Standards
New rules for residential parking standards that
cities and counties must enforce.
Countywide / Irondale/Port Hadlock UGA
JCC 18.30.100 Table 6-2 - clarify ADU off-street parking
requirements
ESHB 1293 – Design Review
May not impose aesthetic standards or requirements for design review that are more restrictive for ADUs than those for principal units.
Irondale/Port Hadlock UGA
JCC 18.18.110
1. "Co-living housing" means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Local governments may use other names to refer to co-living housing including, but not limited to, congregate living facilities, single
room occupancy, rooming house, boarding house, lodging house, and residential suites.
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Summary of Findings & Recommendations
Exhibit 2 below is a summary of findings from the gap analysis. This applies mostly for middle housing in
the Irondale and Port Hadlock area with some updates required countywide. These are discussed in the
Code Review section of this memo.
Exhibit 2. Summary of Gap Analysis Findings
Topic
Changes Recommended to
County Code?
Yes No
Density
Zoning X
Zero Lot Lines X
Housing Types
Allowed Middle Housing X
Allow ADU X
Unit Lot Subdivisions X
Parking
Off Street Parking X
Parking Design X
Development Standards & Review Process
Development Standards X
Review Process X
Definitions
Middle Housing Definitions X
ADU definition X
Other Considerations
Transportation Impact Fees X
Source: BERK, 2024.
Gap Analysis Framework
Review of Code Guidance Resources
HB 1110
The “middle housing” bill, or HB 1110, requires certain jurisdictions to allow middle housing. Middle
housing is residential buildings that are compatible with single-family homes that contain two or more
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units per lot. “Middle housing types” include duplexes, triplexes, fourplexes, fiveplexes, sixplexes,
townhouses, courtyard apartments, cottage housing, and stacked flats. Below is a summary of HB 1110
requirements.
The Commerce guideline also calls for maintaining anti-displacement policies as follows: “While creating
more housing options, it is essential for cities to identify areas at higher risk of displacement and establish
anti-displacement policies as required in Engrossed Second Substitute House Bill No. 1220.”
Middle Housing Requirements
The requirements in HB 1110 vary by jurisdiction, population size and location. Irondale/Port Hadlock
UGA has a population of less than 25,000, making it a tier 3 community per Commerce’s model
ordinance. The corresponding requirements for middle housing code are listed below:
Density
Development of at least two units per lot.
Zero lot line short subdivisions to create lots for each unit allowed per the above requirement.
Housing Types
Number of middle housing types needed to meet the middle housing density requirements.
Jefferson County’s Irondale/Port Hadlock UGA is a tier 3 community. Middle housing type
requirements for Tier 3 were clarified in 2024 with HB 2321. Tier 3 Cities may choose the
number of types of middle housing to allow to meet minimum residential density requirements
(HB 2321 Final Bill Report).
Tier 1 and tier 2 Cities are required to allow at least six of nine types of middle housing to
achieve their unit density requirement (RCW 36.70A.635(5)). The nine types are: duplexes,
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments,
and cottage housing (RCW 36.70A.030.26).
Cities may allow ADUs to achieve the required middle housing unit density, even though they are
not one of the nine types of middle housing (RCW 36.70A.635(5)).
Parking
Lots over 6,000 sq ft: Two or fewer off-street parking spaces per unit (RCW 36.70A.635(6)(f)).
Lots 6,000 sq ft or smaller: Local government shall not require one or fewer off-street parking
spaces per unit (RCW 36.70A.635(6)(e)).
HB 2321 clarified parking requirements for lots that are exactly 6,000 square feet. A city may
not require more than one off-street parking space per unit for middle housing constructed on
lots that are exactly 6,000 square feet before any zero lot line subdivisions or lot splits (HB
2321 Final Bill Report).
Parking requirements of HB 1110 are not required if:
A parking study finds that the application of the parking limitations of for middle housing will be
significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the
jurisdiction's parking requirements were applied to the same location for the same number of
detached houses. (RCW 36.70A.635(7)(a).
Portions of the city that are within a one-mile radius of a commercial airport with at least
9,000,000 annual enplanements (RCW 36.70A.635(7)(b).
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Development Standards & Review Process
Development standards and a review process that are not more restrictive for middle housing than
those for detached single-family residences (RCW 36.70A.635(6) (b-c)).
A review process no more rigorous than administrative design review (RCW 36.70A.635(6)(a)).
Administrative design review must follow the standards of RCW 36.70A.630, which was established
in 2023 under HB 1293, and calls for only clear and objective regulations.
General Exceptions
The requirements of HB 1110 do not apply to:
Lots with designated critical areas and their buffers (RCW 36.70A.635(8)(a)).
HB 2321 was adopted in 2024 and clarified how this exception applies. According to the Final Bill
Report, the exemption for lots with critical areas or their buffers is limited to the portion of the
parcel with a critical area or buffer, except for critical aquifer recharge areas where a single-
family detached house is an allowed use provided that any requirements to maintain aquifer
recharge are met.
A watershed serving reservoir for potable water (if that watershed was listed as impaired or
threatened under CWA) (RCW 36.70A.635(8)(b)).
County-designated urban separators (RCW 36.70A.635(8)(c)).
Lots smaller than 1,000 square feet after subdivision, unless the County chooses to enact smaller
allowable lot sizes (RCW 36.70A.635(6)(g)).
Middle Housing Definitions
In addition to complying with the middle housing requirements described above, Jefferson County should
update its code definitions for middle housing for consistency with state law.
Middle Housing: HB 1110 defines middle housing as buildings compatible in scale, form, and character
with single-family houses. These buildings contain two or more attached, stacked, or clustered homes,
including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard
apartments, and cottage housing. (RCW 36.70A.030(26)) Definitions for these types of housing are
listed below.
Duplex: a residential building with two attached dwelling units.
Triplex: a residential building with three attached dwelling units.
Fourplex: a residential building with four attached dwelling units.
Fiveplex: a residential building with five attached dwelling units.
Sixplex: a residential building with six attached dwelling units.
Townhouses: residential 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.
Stacked flat: dwelling units in a residential building of no more than three stories on a
residential zoned lot in which each floor may be separately rented or owned.
Courtyard apartments: attached dwelling units arranged on two or three sides of a yard or
court.
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Cottage housing: residential units on a lot with a common open space that either: (a) is owned in
common; or (b) has units owned as condominium units with property owned in common and a
minimum of 20 percent of the lot size as open space.
Implementation Considerations
Cities must act to implement HB 1110 within six months of its Comprehensive Plan periodic update
deadline, or the Commerce model ordinance will supersede the City’s development regulations until the
City does so (RCW 36.70A. 635 (11)(a)). According to the grant timeline, Jefferson County has until June
2025 to update its code for compliance. When the County adopts its updated code, it will be protected
from legal challenges. Amendments to development regulations and other non-project actions taken to
implement HB 1110 are not subject to administrative or judicial appeals (RCW 43.21C.495(1)).
Commerce Model Ordinance
In 2024 the Washington State Department of Commerce (Commerce) published middle housing model
ordinances and user guides to help local jurisdictions implement the requirements of HB 1110, consistent
with RCW 36.70A.635. There is a model ordinance for tier 1 and tier 2 Cities, a model ordinance for
Tier 3 Cities, and a user guide covering both ordinances. The tier 3 model ordinance applies to Jefferson
County Irondale/Port Hadlock UGA and is the one referred to in this memo.
The model ordinance is organized into specific topic areas such as unit density, dimensional standards,
and parking standards. It outlines specific provisions from RCW 36.70A.635 that cities subject to the law
must implement, as well as optional standards that cities may choose to adopt some, none, or all. The
model ordinance makes this distinction by bolding the text that are required provisions and leaving the
optional standards non-bolded.
The model ordinance and associated user guide outline areas where there is local policy choice, offering
suggestions and best practices, not required by HB 1110, that Jefferson County could consider
incorporating in its code update. The user guide also offers suggestions on development and design
standards – such as updating setbacks and lot coverage standards to incentivize middle housing.
HB 1337
ADU Requirements
HB 1337 requires jurisdictions (cities and counties’ UGAs) to allow two ADUs per lot (both attached, both
detached, or one attached and one detached) within all zones in urban growth areas where single family
homes are permitted (RCW 36.70A.681(1)(c)). Local governments must comply with HB 1337 within six
months after their comprehensive plan periodic update deadline, making the deadline for Jefferson
County June, 2026 (RCW 36.70A.680(1)(a)). Additional requirements of HB 1337 are listed below.
Development Standards
May not require owner occupancy on the property and may not prohibit the sale as independent
units (36.70A.681(1)(b)).
May not charge more than 50% of impact fees charged for the principal unit (RCW
(36.70A.681(1)(a)).
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Must allow an ADU on any lot that meets the minimum lot size required for the principal unit
(36.70A.681(1)(e)).
May not establish a maximum gross floor area requirement for ADUs that is less than 1,000 square
feet (36.70A.681(1)(f)).
May not establish roof height limit of less than 24 feet, unless the height limitation applies to the
principal unit (36.70A.681(1)(g)).
May not impose development regulations and restrictions that are more restrictive than those for
principal units (36.70A.681(1)(h)).
Must allow detached ADUs to be sited at a lot line that abuts a public alley (36.70A.681(1)(i)).
Must allow ADUs to be converted from existing structures (36.70A.681(1)(j)).
May not prohibit the sale or other conveyance independently of a principal unit solely on the
grounds that the condominium unit was originally built as an ADU (36.70A.681(1)(k)).
May not require public street improvements as a condition of permitting ADUs (36.70A.681(1)(l)).
Parking
May not require off-street parking within one-half mile walking distance of a major transit stop
(36.70A.681(2)(a)(i)).
A major transit stop is defined as a stop on a high-capacity transportation system, commuter rail
stops, stops on rail or fixed guideway systems, and stops on bus rapid transit routes (HB 2321
Final Bill Report).
May not require more than one off-street parking space per unit on lots 6,000 square feet or
smaller (36.70A.681(2)(a)(ii)).
May not require more than two off-street parking spaces per unit on lots greater than 6,000 square
feet (36.70A.681(2)(a)(iii)).
Exceptions
A parking study finds that the application of the parking limitations of for middle housing will be
significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the
jurisdiction's parking requirements were applied to the same location for the same number of
detached houses (RCW 36.70A.681(2)(b)(i)).
Portions of the area that are within one-mile radius of a commercial airport with at least
9,000,000 annual enplanements (RCW 36.70A.681(2)(b)(ii)).
Lots with designated critical areas or their buffers, or to a watershed serving a reservoir for
potable water that is or was listed as impaired or threatened under the CWA (RCW
36.70A.681(4)).
ADU Definitions
ADU definitions provided in state law are listed below. (RCW 36.70A.696(1-2)(5))
Accessory Dwelling Unit (ADU): a dwelling unit located on the same lot as a single-family housing
unit, duplex, triplex, townhome, or other housing unit.
Attached ADU: an ADU located within or attached to a single-family housing unit, duplex, triplex,
townhome, or other housing unit.
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Detached ADU: an ADU that consists partly or entirely of a building that is separate and detached
from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same
property.
SB 6015
Parking Standards
SB 6015 was adopted in 2024 and established new rules for residential parking standards that cities
and counties must enforce. These rules are listed below (SB 6015 Final Bill Report).
Garages and carports may not be required as a way to meet minimum parking requirements for
residential development.
Parking spaces that count towards minimum parking requirements may be enclosed or unenclosed.
Parking spaces in tandem count towards meeting minimum parking requirements at a rate of one
space for every 20 linear feet, with any necessary provisions for turning radius.
The existence of non-conforming gravel surfacing in existing designated parking areas may not be a
reason for prohibiting the use of existing space in the parking area to meet local parking standards.
Parking spaces may not be required to exceed 8 feet by 20 feet, except for required parking for
people with disabilities.
Parking spaces that consist of grass block pavers may count towards minimum parking requirements.
HB 1998
HB 1998 effective June 2024 allows co-living. Communities are required to allow co-living on any lot
located within an urban growth area that allows at least six multifamily residential units, including mixed
use zoning. This includes any lots required to allow six middle housing units. By December 31, 2025, a
fully planning city or county must adopt development regulations allowing co-living housing on any lot
located within a UGA (Final Bill).
"Co-living housing" means a residential development with sleeping units that are independently rented
and lockable and provide living and sleeping space, and residents share kitchen facilities with other
sleeping units in the building. Local governments may use other names to refer to co-living housing
including, but not limited to, congregate living facilities, single room occupancy, rooming house, boarding
house, lodging house, and residential suites.
A fully planning city or county may not:
Require room dimensional standards larger than that required by state building code, or a mix of
unit sizes, or to include other uses within a UGA that allows at least six multifamily residential units,
including on a lot zoned for mixed use development.
Treat a co-living unit as more than ¼ housing unit for density calculations, or ½ unit for the purpose
of connection fees
Require standards that are more restrictive than those required for other multifamily uses in the same
zone.
Exclude co-living housing from participating in affordable housing incentive programs
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Require more than 0.25 parking spaces per sleeping unit (unless an empirical study demonstrates
more is needed, or the housing is located in a portion of a city within a 1-mile radius of a commercial
airport in Washington with at least 9 million annual enplanements)
Require off street parking within 0.50 mile of a major transit stop
Code Review
Density
Zoning
Zoning codes for Irondale and Port Hadlock UGA are found in Jefferson County UDC Chapter 18.18. The
County’s standards for densities and dimensions are shown in Exhibit 3. As a tier 3 community, Jefferson
County should allow at least two units per lot. As shown in Exhibit 3, Irondale and Port Hadlock UGA
currently regulates allowed density based on dwelling units per acre. Standard densities apply to
development based on the availability of on-site septic and sanitary sewer systems. The code needs
updating to incorporate at least two units per lot.
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Exhibit 3. Residential Zones Densities and Dimensions for Irondale and Port Hadlock UGA
Urban Commercial
Visitor-Oriented Commercial
Urban Low Density Residential
Urban
Moderate Density Residential
Urban High Density Residential Urban Light Industrial Public
UC VOC ULDR UMDR UHDR ULI P
Allowed Residential
Density
NA NA 4-6 du/ac 7-12 du/ac 13-18 du/ac NA NA
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 setback
Varies by street categories from 0 (alley) to 35 feet (Principal Arterial)
Minimum rear and Side Yard setback (1) 5 5 5 5 5 10 20
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 70 35 35 70 70 70
Lot Coverage, Buildings
Only (%)
No maximum
(2)
No maximum
(2)
60 70 70 No maximum
(2)
1 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.
2 Adequate space must be provided for required parking, setbacks, landscaping, utilities, septic system (if no sewer available)
and stormwater management facilities, as applicable.
Source: JCC 18.18.050 Table 3A2, May 2024.
Findings
Base Density Definition: Jefferson County should update its code for Irondale and Port Hadlock
UGA to allow a minimum of two dwelling units per lot in all residential zones unless exceptions
apply, and it should define the exceptions.
Zero Lot Lines
The County code is silent about zero lot lines.
Findings
Zero Lot Lines: Updates needed to add zero lot lines.
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Housing Types
Allowed Residential Uses
Irondale and Port Hadlock UGA allowed residential uses are shown in Exhibit 4, which shows relevant
information from the permitted use table in JCC 18.18.040 Table 3A-1. The allowed uses include
duplexes and ADUs. Triplexes, fourplexes, fiveplexes, and sixplexes are not mentioned but are allowed
under multifamily residential units (3+ units).
Exhibit 4. Residential Land Uses – Dwelling Unit Types and Accessory Uses
Key: Yes – Allowed subject to compliance Use, D – Conditional Use C – Conditional Use
Urban Commercial
Visitor-Oriented Commercial
Urban Low Density Residential
Urban
Moderate Density Residential
Urban High Density Residential Urban Light Industrial Public
UC VOC ULDR UMDR UHDR ULI P
Single-family
residences
Existing only Existing only Yes Yes No No No
Duplexes (subject to
meeting underlying density requirements)
Existing only Existing only Yes Yes No No No
Multifamily residential
units (3+ units)
Existing only Existing only No Yes Yes No No
Accessory dwelling
units
Existing only Existing only Yes Yes Yes No No
Source: JCC 18.18.040, Table 3A1, May 2024.
Under tier 3 category, Jefferson County can choose the number of middle housing types to allow in the
code to meet minimum residential density requirements. Allowed housing types are mostly consistent with
state middle housing requirements. The code allows duplexes subject to meeting underlying density
requirements. This is in conflict with the unit density per lot requirements in HB 1110.
Accessory Dwelling Units
The County’s ADU standards do not comply with the requirements of HB 1337, which are listed earlier in
this memo. JCC 18.30.020 (4) states:
Except as may be specifically provided elsewhere in this code, only one dwelling unit and one accessory
dwelling unit per lot is allowed in those districts that permit residential uses.
Findings
Middle Housing Types: Zoning code is mostly consistent with state requirements for middle housing
types. The County should remove the underlying density requirement for duplexes. The County could
expand allowed uses to include triplexes and other middle housing types in ULDR zone. County could
add other middle housing types (triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked
flats, courtyard apartments) in the allowed use table for clarity
Cottage Housing: The permitted use table in JCC 18.18.040, Table 3A1 can be updated to include
cottage housing as an allowed use.
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ADUs: The code is out of compliance with state law for ADU regulations established under HB 1337.
The County’s ADU requirements (JCC 18.30.020) should be updated to allow two ADUs per lot in
any configuration of attached or detached ADUs. This also includes updates such as, not requiring
owner occupancy, clarifying ADU size and off-street parking requirements, not requiring more than
50% of impact fees charged for the principal unit etc. (See Exhibit 1).
Unit Lot Subdivisions
Another consideration for missing middle housing types is compliance with SB 5258 and RCW
58.17.060(3). This requires cities, towns and counties to allow unit lot subdivisions in their short plat
regulations, to facilitate townhome and condominium development. JCC Chapter 18.35 Article III contains
the County’s short plat regulations. The code does not currently address unit lot subdivisions and should be
updated to do so.
Findings
Unit Lot Subdivisions: Jefferson County should update its short plat regulations in JCC Chapter
18.35 Article III to state that unit lot subdivisions are allowed, consistent with RCW 58.17.060(3).
Parking
Off-street parking requirements for most residential uses are provided in JCC 18.30.100 Table 6-2, as
shown in Exhibit 5. The off-street parking requirement for ADUs is not mentioned in the code.
Exhibit 5. Minimum Off-Street Parking Requirements
Land Use Minimum Parking Spaces Required
Residential
Single-family residential unit 2.0 per dwelling unit
Two-family residential unit 2.0 per dwelling unit
Multifamily residential (3+ units) 1.5 per dwelling unit
Mobile home park 2.0 per dwelling unit
Unnamed residential uses [Determined by the administrator]
Source: JCC 18.30.100 Table 6-2, April 2024.
Off-Street Parking
As shown in Exhibit 5, the County’s code determines off-street parking requirements for residential uses
based on dwelling units. HB 1110 calls for using a combination of lot size and dwelling units to determine
middle housing parking requirements. Under HB 1110, the maximum number of off-street parking spots
that can be required for lots of 6000 square feet or smaller is one per dwelling unit. The County code
requires two per dwelling unit for duplexes and 1.5 per triplexes or more units.
The County allows duplexes (Exhibit 4) but they are listed in JCC 18.30.100 Table 6-2 as “Two-family
residential unit”. Duplexes are defined in JCC 18.10.040 as “Dwelling unit, two-family.” The County can
choose to use one consistent term for duplex.
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The County allows ADUs which helps meet the middle housing density requirements in HB 1110. The
County doesn’t have specific requirements for off-street parking for ADU.
Findings
Calculating Minimum Requirements: Jefferson County should modify its minimum off-street parking
requirements for duplexes and Multifamily residential (3+ units) to comply with HB 1110.
New Middle Housing Types: If new middle housing types are selected, Jefferson County should
update the JCC 18.30.100 Table 6-2 to clarify minimum off-street parking requirements for middle
housing types not currently specified.
ADUs: The County should consider listing ADU off-street parking requirements in the table in JCC
18.30.100 Table 6-2.
Parking Design
SB 6015 establishes new rules for residential parking standards, including limitations on what can be
required to meet minimum parking requirements. These new rules apply to middle housing parking
requirements and are listed in the Gap Analysis Framework section of this memo. The County code is
silent about the type of off-street parking for residential, whether enclosed or unenclosed. The County
code JCC 18.30.100 could be updated to clarify that garages and carports may not be required for
off-street parking, tandem parking space to be counted towards meeting minimum parking requirement,
not to require parking size beyond 8 feet by 20 feet and allow grass block pavers. JCC 18.30.100
(3)(a) currently requires off-street parking to be an all-weather surface. This can be amended for
residential parking.
Findings
Tandem Parking: Jefferson County should clarify its municipal code by defining the rate at which
tandem parking spaces count towards meeting minimum residential parking requirements, consistent
with SB 6015.
Size and type: Update the code to clarify allowing unenclosed parking for residential uses.
Surface: Update code to allow grass block pavers surface.
Development Standards & Review Process
HB 1110 requires that cities may not have development regulations for middle housing that are more
restrictive than for detached single-family residences. This includes, but is not limited to, building height,
setbacks, lot coverage, floor area ratio, lot area and dimension, impervious surface, open space, and
landscaped area standards. Additionally, cities may not require a review process more strict than
administrative design review for middle housing. This applies to Irondale/Port Hadlock UGA.
Development Standards
JCC Chapter 18.18 includes development regulations for Irondale and Port Hadlock UGA in JCC
18.18.050 Table 3A2. Exhibit 3 indicates these development standards for density, setback, height, and
lot coverage. These standards are not specific to any single housing type. Setback standards are based
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on road categories. Setback from local access roads can be updated from 20 feet to 15 feet per middle
hosing recommendation.
Findings
JCC Sections 18.18.050 - 0.7.0 establish various standards related to density, dimension,
performance and landscaping standards for all development types. There are no separate
requirements for middle housing.
in JCC 18.18.050 Table 3A2 should be updated to reflect setback and height standards for middle
housing types.
Review Process
The review process for residential development in Jefferson County is determined by the permitted use
table in JCC 18.18.040, Table 3A1and the permit type table in JCC 18.40.040. There do not appear to
be any development review conditions for duplexes, townhomes, or cottage housing that are more
restrictive than for single family homes. The decision type table does not mention specific residential uses;
it appears to apply equally to all residential uses.
JCC 18.40.440(2) includes site development application requirements specific to multifamily residential
uses. However, this doesn’t apply to Irondale and Port Hadlock UGA.
Findings
Review Process: Update the review process for administrative review.
Definitions
JCC 18.10 provides definitions for land use terms. Definitions for different types of dwelling units are
listed below. Updates to these definitions should be made for consistency with state law and to avoid
confusion.
“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.
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.
“Single-family residence” means a dwelling unit designed for and occupied by no more than one
family.
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The definitions of single-family attached dwelling unit or townhouses are not included in the definitions
section of the code. However, they are mentioned in several sections of the code in Chapter 17, Master
Plan Resort.
JCC 17.20.020(6) allows single-family attached (townhouse style) or detached dwelling units in
MPR-MF zone.
JCC 17.10.030(3) includes single-family attached as conditional uses in MPR-SF zone. It states, “single-
family attached dwelling units including duplexes, triplexes and fourplexes as part of a new subdivision,
not to exceed a gross density of four dwelling units per acre.” This also defines single-family attached as
follows: “single-family attached” shall mean a townhouse style or side-by-side development, not stacked
units
The County’s code needs to include definitions of townhome consistent with the state’s definitions for
middle housing. The County should add definitions of triplexes and fourplexes regardless of its decision
to allow triplexes and fourplexes in the middle housing types since these are already mentioned in the
existing code. Additionally, the County needs to add definitions of any other additional middle housing
types it chooses to add. The County should also update its ADU definition to be consistent with state law.
Additionally, the County needs to add definition of co-living to be consistent with HB 1998, and unit lot
subdivision to be consistent with SB 5258.
Findings
Middle Housing Terminology: The County should align its code with state middle housing
terminology by adopting the language and definitions used in RCW 36.70A.030(26). This includes
adding or clarifying the term “dwelling unit, single-family attached,” adding the state definition of
middle housing, townhouse, and adding the state definitions for any additional middle housing types
the County chooses to allow.
Add definitions: The County should add definitions of triplexes and fourplexes regardless since
these are already mentioned in the existing code.
ADU Terminology: The County should replace its definition of “Accessory dwelling unit” with the
three ADU definitions in RCW 36.70A.696(1-2)(5).
Co-living Definition: Add definition of co-living consistent with HB 1998.
Unit lot subdivision. Add definition of unit lot subdivision consistent with HB 5258.
Other Considerations
Transportation Impact Fees
New laws were passed in 2024 and 2023 requiring lower transportation impact fees (TIF) for smaller
residential units and ADUs, compared to TIFs for standard single-family homes. These laws are intended
to reduce development barriers for middle housing and ADUs, and reflect the fact that these types of
housing may have a lower impact on traffic compared to standard single-family housing. SB 5258
requires TIFs for new smaller housing units to be proportionately smaller than for single family housing
units. HB 1337 requires TIFs for ADUs to be no more than half of the TIF for the principal unit on a lot.
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Jefferson County’s 2023 Fee Schedule has different TIFs for single family homes, multifamily homes,
mobile home parks, and senior housing. The TIF for single family homes is the same as for duplexes. There
is no TIF listed for ADUs or for other types of middle housing such as townhomes.
Findings
Transportation Impact Fees: The County’s fee table should be updated for compliance with SB 5258
and HB 1337.
Other – For Discussion with County
The County may consider updating setback and height standards for the Irondale and Port Hadlock
area for all street types in coordination with access to lots. For example, restricting or regulating
direct access from a principal arterial.
Explore progressive standards to incentivize middle housing over lower density types.
Commerce Model Ordinance User Guide recommends examining the applicability of local version of
International Building Code (IBC) and International Residential Code (IRC). The IRC applies to
buildings with one or two dwelling units and townhouses not more than three stories above grade
and with a separate means of egress. The difference in middle housing types covered by the two
building codes will affect the construction and affordability of middle housing types with three or
more units in one structure. County can examine to allow structures with up to six units to be built
under the International Residential Code to increase flexibility.
Review feedback from the public about the permitting process for ADU. The County can explore how
to make permitting easier or incentivized throughout the County.
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Helpful Resources
Washington State Department of Commerce; Washington State Housing laws of 2019 through
2024, https://deptofcommerce.app.box.com/s/jfd6j7vsgpiotketm4c09eekocovd4lc
Washington State Department of Commerce; User Guide for Middle Housing Model Ordinance,
January 26, 2024, https://deptofcommerce.app.box.com/s/dip01jnz8i0o2eeuy9v8n39kcm1uc4mk
Washington State Department of Commerce; Middle Housing Model Ordinance Tier 3 Cities,
https://deptofcommerce.app.box.com/s/6mrj33exlycjpdt3ryt4gfg94fqgbqqe
Washington State Department of Commerce; Middle Housing in Washington: Fact Sheet for
Implementing E2SHB 1110, revised July 2023,
https://deptofcommerce.app.box.com/s/yjo6h53f2jhj1xopbc6lxzo28dsh2h9k