Chapter 18.15
LAND USE DISTRICTS

Sections:

Article I. Land Use Districts

18.15.005    Classes established.

18.15.010    Urban growth areas (UGA).

18.15.011    Transitional rural zoning for the Irondale and Port Hadlock urban growth area.

18.15.015    Rural lands.

18.15.020    Resource lands.

18.15.025    Master planned resort.

18.15.030    Public.

Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation

18.15.035    General applicability.

18.15.040    Categories of land use.

18.15.045    Unnamed uses.

18.15.050    Multiple designations.

18.15.055    Allowable residential density.

18.15.060    Development standards and use limitations.

18.15.065    Criteria for site-specific redesignations and master planned resort approval.

18.15.070    Application, notice, and appeal requirements.

18.15.075    Variances from standards.

18.15.080    Change of use.

Article III. Land Use Regulations – General Provisions

18.15.085    Applicability.

18.15.090    Archaeological and historical site protection.

18.15.095    Right to farm and forestry provisions.

18.15.100    Development permits and resource lands.

18.15.105    Overlay districts and subarea plans.

18.15.110    Special use permit – Siting of essential public facilities.

Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)

18.15.1110    Designated.

18.15.1112    Purpose and intent.

18.15.1114    Permitted, conditional and prohibited uses.

18.15.1116    Permitted uses.

18.15.1118    Conditional, discretionary and special uses.

18.15.1120    Accessory uses.

18.15.1122    Prohibited uses.

18.15.1124    Development standards.

18.15.1126    Electrical emissions.

18.15.1128    Lighting.

18.15.1130    Height restrictions.

18.15.1132    Ground transportation facilities.

Article IV. Master Planned Resorts – Special Provisions

18.15.115    Designation.

18.15.120    Purpose and intent.

18.15.123    Allowable uses.

18.15.126    Requirements for master planned resorts.

18.15.129    Application requirements and approval process.

18.15.132    Decision-making authority.

18.15.135    Criteria for approval.

18.15.138    Master planned resort.

Article V. Rural and Resource Districts – Special Provisions

18.15.140    Agricultural and forest resource lands – Site-specific designations and amendments.

18.15.145    Agricultural resource districts.

18.15.150    Forest resource districts.

Article VI. Overlay Districts

Article VI-A. Purpose

18.15.155    Established.

Article VI-B. Maps

18.15.160    Official maps.

18.15.165    Repealed.

Article VI-C. Mineral Resource Lands District (MRL)

18.15.170    Designation procedures.

18.15.175    Allowable and prohibited uses.

18.15.180    Nuisance and disclosure provisions.

Article VI-D. Environmentally Sensitive Areas District (ESA)

18.15.185    –

18.15.235    Repealed.

Article VI-E. Critical Aquifer Recharge Areas

18.15.240    –

18.15.255    Repealed.

Article VI-F. Frequently Flooded Areas

18.15.260    –

18.15.265    Repealed.

Article VI-G. Geologically Hazardous Areas

18.15.270    –

18.15.280    Repealed.

Article VI-H. Fish and Wildlife Habitat Areas

18.15.285    –

18.15.320    Repealed.

Article VI-I. Wetlands

18.15.325    –

18.15.350    Repealed.

Article VI-J. Special Reports

18.15.355    –

18.15.400    Repealed.

Article VI-K. Airport Overlays

18.15.405    Designation.

18.15.410    Purpose of Airport Overlay I.

18.15.415    Disclosure provisions – Airport Overlay I.

18.15.420    Comment by the Port of Port Townsend.

18.15.425    Nuisance provisions.

18.15.430    Uses prohibited.

18.15.435    Purposes of Airport Overlay II.

18.15.440    Airport Overlay II Map.

18.15.445    Comment by the Port of Port Townsend.

18.15.450    Approval criterion – Conditional use permits.

18.15.451    Nuisance provisions.

18.15.452    Prohibited uses.

18.15.453    Airport Overlay III.

Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area

18.15.455    Applicability – Intent.

18.15.460    Home-based businesses.

18.15.465    Cottage industries.

18.15.470    Small-scale recreational and tourist uses.

Article VI-M. Planned Rural Residential Developments (PRRDs)

18.15.475    Purpose.

18.15.480    Applicability.

18.15.485    Minimum and maximum land area – Dwelling unit cap and cluster cap.

18.15.490    Rural residential districts – Reserve tract requirements.

18.15.495    Agricultural districts – Reserve tract requirements.

18.15.500    Repealed.

18.15.505    Application submittal and contents.

18.15.510    Consolidated applications.

18.15.515    Incentives – Innovative development proposals.

18.15.520    Modification of permitted densities – Density bonuses.

18.15.525    Modification of development standards.

18.15.530    Preliminary PRRD approval criteria.

18.15.535    PRRD review and approval process.

18.15.540    Performance guarantees – PRRD agreements.

18.15.545    Modifications to an approved PRRD.

18.15.550    Building and occupancy permit – Issuance after final PRRD approval.

18.15.555    Final PRRD plan requirements.

18.15.560    Time limitations on final PRRD submittal.

18.15.565    Extinguishment of preliminary planned unit developments approved prior to UDC adoption.

18.15.570    Filing of final PRRD plan.

Article VI-N. Forest Transition Overlay District (FTO)

18.15.571    Forest transition overlay (FTO) district.

Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District

18.15.572    Small-scale recreation and tourist (SRT) overlay district.

Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District

18.15.573    Repealed.

Article VII. Subarea Plans

18.15.580    Brinnon Subarea Plan.

Article VIII. Major Industrial Development

18.15.600    Purpose and intent.

18.15.605    Application requirements and approval process.

18.15.610    Approval criteria.

18.15.615    Conditional use requirements.

18.15.620    Final approval.

18.15.625    Phasing of development, expansion, future use of land, abandonment of site, and reverting to previous land use district.

18.15.630    Urban growth in adjacent nonurban areas.

18.15.635    Re-authorization of article after initial period of implementation.

Article I. Land Use Districts

18.15.005 Classes established.

(1) The Jefferson County Comprehensive Plan establishes five principal land use classes for the county. Each class permits a different level of activity. The general classes are urban growth areas, rural lands, resource lands, master planned resorts and public lands.

(2) The individual land use categories within the classes are referred to as “districts.” This section of the Unified Development Code provides development regulations by identifying uses and activities which may or may not be established in these classes. These classes have been developed based on:

(a) Requirements of the Washington State Growth Management Act (Chapter 36.70A RCW);

(b) Natural systems and land capability;

(c) Existing land use patterns. [Ord. 8-06 § 1]

18.15.010 Urban growth areas (UGA).

There is currently one unincorporated UGA in Jefferson County: the Irondale and Port Hadlock urban growth area. The Irondale and Port Hadlock UGA comprises three broad categories of urban land uses: urban residential; urban commercial; and urban industrial. These Comprehensive Plan land use categories are further defined into “zoning districts” that identify specific land use activities, densities and intensities of use allowed in the Irondale and Port Hadlock UGA. The specific land use and zoning provisions of the Irondale and Port Hadlock UGA are contained in Chapter 18.18 JCC. The urban provisions of Chapter 18.18 JCC shall be applied when urban services are available, namely sewer facilities. [Ord. 9-09 § 2 (Exh. B); Ord. 8-06 § 1]

18.15.011 Transitional rural zoning for the Irondale and Port Hadlock urban growth area.

If sewer facilities are not yet available, transitional rural zoning provisions shall apply. The specific land use and zoning provisions of the Irondale and Port Hadlock UGA that apply before sewer is available are contained in Chapter 18.19 JCC. [Ord. 9-09 § 2 (Exh. B)]

18.15.015 Rural lands.

This land use class includes three categories: rural residential; rural commercial; and rural industrial. These categories are further defined into specific “districts”:

(1) Rural Residential.

(a) Rural Residential 1 Unit/5 Acres (RR 1:5). The purpose of this district is to allow for continued residential development in areas of Jefferson County consisting of relatively high density pre-existing patterns of development, along the county’s coastal areas, and within areas within or adjacent to rural centers and rural crossroads. In addition, this district seeks to support and foster Jefferson County’s existing rural residential landscape and character by restricting new land divisions to a base density of one unit per five acres.

(b) Rural Residential 1 Unit/10 Acres (RR 1:10). This district provides a transitional area between the rural residential one per five-acre district and the rural residential one unit per 20-acre district. Its intent is to preserve open space, protect critical areas, provide for the continuation of small-scale agricultural and forestry, and preserve and retain the rural landscape and character indigenous to Jefferson County.

(c) Rural Residential 1 Unit/20 Acres (RR 1:20). The purpose of this district is to provide a buffer in areas adjacent to UGAs and designated forest and agricultural lands of long-term commercial significance, as well as protecting areas identified as possessing area-wide environmental features which constrain development such as shoreline areas or areas of steep and unstable slopes. The district also protects land from premature conversion to higher residential densities prior to an established need.

(2) Rural Commercial.

(a) Rural Centers (Rural Village Center) (RVC). Rural village centers provide for most of the essential needs of the surrounding rural population and the traveling public. These areas supply a variety of basic goods and day-to-day services, while also providing a limited range of professional, public and social services. They are typically small, unincorporated commercial and residential community centers that provide rural levels of service and serve as a focal point for the local population. The boundaries of the rural village centers are predominantly defined by the contained, built environment as it existed in 1990 or before, as required by RCW 36.70A.070(5)(d). Designated rural village centers include: Quilcene and Brinnon.

(b) General Crossroads (GC). General crossroads are existing historic commercial areas that provide a broad range of commercial goods and services for a larger population base in the northeastern part of Jefferson County. There is one general crossroads designation identified in Jefferson County: SR 19/20 Intersection.

(c) Neighborhood/Visitor Crossroads (NC). Neighborhood/visitor crossroad districts serve the nearby rural neighborhood and the commuting or traveling public. These historic areas typically provide an extended range of goods and services by establishment of restaurants, taverns/bars, auto part stores, hotel/motels and a limited range of specialty and professional services. There are five neighborhood crossroads identified in Jefferson County: Mats Mats, Discovery Bay, Four Corners, Chimacum and Gardiner.

(d) Convenience Crossroads (CC). Convenience crossroads consist of a single commercial property at a historical crossroads. Typically, the existing commercial use is a convenience or general store with associated uses that provide a limited selection of basic retail goods and services for the local population and the commuting or traveling public. Land uses are not oriented to markets beyond the local rural population. There are three convenience crossroad designations in Jefferson County: Nordland, Beaver Valley and Wawa Point.

(3) Rural Industrial.

(a) Light Industrial/Manufacturing (LI/M). The purpose of this district is to provide for rural economic development by regulating light industrial and manufacturing uses in the Quilcene area. The light industrial uses and activities associated with this district are intended to be compatible with the rural character. There are two light industrial/manufacturing districts in Jefferson County: Quilcene and Eastview.

(b) Glen Cove Light Industrial/Commercial (LI/C). The intent of this district is to facilitate economic development and provide for a broader range of light industrial and associated commercial activities in the Glen Cove area. Associated commercial activities are intended to directly serve the needs of the land use activities existing within this district.

(c) Glen Cove Light Industrial (LI). The purpose of this district is to facilitate economic development and provide for a broad range of light industrial uses. The light industrial uses and activities associated with this district are intended to be compatible with the Glen Cove area.

(d) Heavy Industrial (HI). The intent of this district is to facilitate economic development and regulate development of more intensive heavy industrial and manufacturing activities, including and associated with the Port Townsend Paper Mill.

(e) Resource Based Industrial (RBI). This district recognizes existing forest resource-based industries in Jefferson County, in particular active sawmills and related activities. The district is intended to facilitate the continued operation of existing functional sawmills and related resource-based industrial activities in the county. There are three resource-based industrial site designations in Jefferson County: Gardiner, Center Valley, and the West End.

(4) Forest Transition Overlay 1 Unit/5 Acres (FTO 1:5). This category provides a transitional area between forest resource lands and abutting rural residential lands characterized by pre-platted lots of density greater or equal to one acre in size. The FTO category does not automatically attach to any lands, but parcel(s) may be approved for such designation in accordance with the provisions of JCC 18.15.571. Its intent is to promote the continued viability of resource-based activities in rural areas by minimizing the potential for conflict and incompatibility between these uses and surrounding residential uses. [Ord. 8-06 § 1]

18.15.020 Resource lands.

This land use class includes three main categories and several distinct “districts.”

(1) Agricultural Resource Lands (AG).1

(a) Prime Agricultural Lands (AP-20). The purpose of the prime agricultural lands district is to protect and preserve areas of prime agricultural soils for the continued production of commercial crops, livestock, or other agricultural products requiring relatively large tracts of agricultural land. It is intended to preserve and protect the land environment, economy and lifestyle of agriculture in Jefferson County. These lands must be protected as “agricultural lands of long-term commercial significance.”

(b) Agricultural Lands of Local Importance (AL-20). The purpose of the agricultural lands of local importance district is to protect and preserve parcels of land which, while not necessarily consisting of prime agriculture soil or relatively large acreage, are still considered important to the local agricultural economy, lifestyle and environment. As such they deserve protection as “agricultural lands of long-term commercial significance.”

(2) Forest Resource Lands (FOR).

(a) Commercial Forest (CF-80). The purpose of the commercial forest district is to ensure large tracts of forest lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained as a viable commercial activity.

(b) Rural Forest (RF-40). The purpose of the rural forest district is to ensure forest lands of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained as a viable commercial activity, while allowing for diversity in the size of forest tracts.

(c) Inholding Forest (IF). This district encompasses parcels at least 20 acres in size that are entirely surrounded by designated forest resource lands and that are not vested for development under Washington State law.

(3) Mineral Resource Lands (MRL).

(a) Mineral Resource Lands Overlay District (MRL). The mineral resource land district is to provide for the conservation of mineral lands of long-term commercial significance (Article VI-C of this chapter). The intent of this district is to aid in sustaining and enhancing mineral extraction and processing activities of long-term commercial significance by protecting designated lands from incompatible development and to allow for the continued contribution of mineral lands to the Jefferson County economy. [Ord. 8-06 § 1]

18.15.025 Master planned resort.

Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only if the residential uses are integrated into and support the on-site recreational nature of the resort.

(1) Port Ludlow Master Planned Resort (MPR). The first existing officially designated master planned resort in Jefferson County is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort’s internal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions.

(2) Pleasant Harbor MPR. Pleasant Harbor MPR is the second officially designated master planned resort in Jefferson County. The Pleasant Harbor MPR is designated in accordance with RCW 36.70A.360 as a new master planned resort and is subject to the provisions of JCC Title 17. The Pleasant Harbor MPR is characterized by resort and recreation facilities and amenities south of Black Point Road and a marina/maritime village and associated housing north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center, which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master planned resort’s internal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.030 Public.

This land use class consists of nonfederal public lands used for special purposes. It includes three districts:

(1) Parks, Preserves and Recreation (PPR). This land use district consists of state and county parks, preserves and recreational sites. It is intended to provide for public recreational opportunities consistent with the rural character of the county and preserve significant natural amenities of special or unique character.

(2) County Waste Management Essential Public Facility (CWMEPF).

(3) Airport Essential Public Facility (AEPF). This land use district consists of land owned by the Port of Port Townsend that directly and indirectly supports operations of the Jefferson County International Airport as an essential public facility. It is intended to promote compatible land uses and the long-term economic viability of the JCIA consistent with county goals regarding essential public facilities, the preservation of rural character, and economic development. [Ord. 8-06 § 1]

Article II. Land Use Regulations – Allowable and Prohibited Uses by Designation

18.15.035 General applicability.

The land use regulations in this section implement the Comprehensive Plan. They are broken down into broad categories which should include almost any type of land use that might be proposed. The use regulations establish standard procedures for all new development. [Ord. 8-06 § 1]

18.15.040 Categories of land use.

Land uses regulated under this code are divided into four categories, as identified in Table 3-1.

(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards (Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building or other development permit is required) are designated by a “Yes.”

(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may be allowed subject to the applicable development and performance standards (Chapters 18.20 and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for “discretionary”). On the basis of the administrative review, the administrator may classify the proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular land use district affected.

Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter 18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use as an allowed “Yes” use in the particular district affected, only if the proposed development:

(a) Complies with the applicable development standards of Chapter 18.30 JCC;

(b) Complies with the performance and use-specific standards unique to the proposed use specified in Chapter 18.20 JCC;

(c) Is appropriate in design, character, and appearance with the goals and policies for the land use designation and district in which the proposed use is located;

(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable regulations of the Shoreline Master Program if the application involves property located within the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;

(e) Will be served by adequate facilities including access, fire protection, water and sewer facilities (municipal, community, or on-site systems);

(f) Does not include any use or activity that would result in the siting of an incompatible use adjacent to an airport or airfield (Chapter 36.70 RCW);

(g) Shall not adversely impact the public health, safety and general welfare of the residents of the county;

(h) Shares characteristics common with but not of significantly greater intensity, density or that generates more environmental impact than those uses allowed in the district in which it is to be located; and

(i) Will not result in impacts on the human or natural environments determined by the administrator to require review as a conditional use.

If the preceding conditions are not met to the satisfaction of the administrator, the administrator may either prohibit the use or require a conditional use permit.

(3) Conditional Uses. All conditional uses are designated by a “C” and may be allowed subject to meeting the applicable development standards (Chapter 18.30 JCC), performance standards unique to the proposed use (Chapter 18.20 JCC), and the criteria for a conditional use permit (Article VIII of Chapter 18.40 JCC), as provided for in this code. All conditional uses shall be reviewed in accordance with a Type III quasi-judicial permit review process (requiring public notice, written comment and a public hearing) outlined in Chapter 18.40 JCC; except that conditional administrative uses (designated by a “C(a)”) may be allowed subject to a Type II administrative permit review process (requiring public notice and written comment, but not a public hearing); and conditional discretionary uses (designated by a “C(d)”) may be allowed subject to a Type II permit review process, unless the administrator determines that a Type III permit review process (requiring a public hearing) is warranted based on the project’s potential impacts, size or complexity, according to criteria in JCC 18.40.520.

(4) Prohibited Uses. Uses designated with a “No” are not allowed in the applicable land use district.

Table 3-1. Allowable and Prohibited Uses

 

How To Use This Table

Table 3-1 displays the classifications of uses for land use districts, except for land use and zoning districts in the Irondale and Port Hadlock UGA which are specified in Chapter 18.18 JCC.

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.

 

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 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 18.15.040(2) and Chapter 18.40 JCC.

C

=

Conditional uses, subject to criteria, public notice, written public comment and public hearing procedure; see Article VIII of Chapter 18.40 JCC.

C(a)

=

Conditional uses, subject to criteria, public notice, written public comment, and an administrative approval procedure, but not a public hearing; see Article VIII of Chapter 18.40 JCC.

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 18.40.520; see Article VIII of Chapter 18.40 JCC.

No

=

Prohibited use.

NOTES:

1.    All uses must be consistent with the purpose of the land use district in which they are proposed to occur; see the Land Use Element of the Comprehensive Plan. All land uses in all districts must meet the general regulations in Article III of this chapter unless otherwise stated herein.

2.    A land use or development proposed to be located entirely or partly 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 this chapter and of the SMP, as well as the applicable provisions and permit requirements indicated in this table. Please refer to the Shoreline Master Program for specific use regulations and regulations by shoreline environment.

3.    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 this chapter shall prevail over any conflicting provisions of the UDC.

4.    The assignment of allowed or prohibited uses may not directly or indirectly preclude the siting of “essential public facilities” (as designated in the Comprehensive Plan) within the county. See JCC 18.15.110.

5.    Outright uses are land uses or activities which are exempt from the provisions of this Unified Development Code.

6.    Land Use Districts:

AG

Agricultural Resource Lands

I

Rural Industrial

AP-20

Prime Agricultural Land

RI

Resource Industrial

AL-20

Agricultural Land of Local Importance

LI/C

Light Industrial/Commercial (Glen Cove)

 

 

LI

Light Industrial (Glen Cove)

F

Forest Resource Lands

LI/M

Light Industrial/Manufacturing

CF-80

Commercial Forest

HI

Heavy Industrial

RF-40

Rural Forest

 

 

IF

Inholding Forest

P

Public

 

 

PPR

Parks, Preserves and Recreation

RR

Rural Residential

 

 

RR 1:5

Rural Residential – 1 DU/5 Acres

UGA

Urban Growth Area

RR 1:10

Rural Residential – 1 DU/10 Acres

 

[See Chapter 18.18 JCC]

RR 1:20

Rural Residential – 1 DU/20 Acres

 

 

 

 

 

 

RC

Rural Commercial

 

 

RVC

Rural Village Center

 

 

CC

Convenience Crossroads

 

 

NC

Neighborhood/Visitor Crossroads

 

 

GC

General Crossroads

 

 

7.    Forest practices (including timber harvesting), except for Class IV, general (see JCC 18.20.160) are regulated by the Washington Department of Natural Resources.


 

Resource Lands

Rural Residential

Rural Commercial

Rural Industrial

Public

UGA

 

Agricultural – Prime and Local

Forest – Commercial, Rural
and Inholding

1 DU/5 Acres

1 DU/10 Acres

1 DU/20 Acres

Rural Village Center

Convenience Crossroad

Neighborhood/Visitor Crossroad

General Crossroad

Resource-Based Industrial

Light Industrial/Commercial
(Glen Cove)

Light Industrial (Glen Cove)

Light Industrial/Manufacturing
(Quilcene and Eastview)

Heavy Industrial

Parks, Preserves and Recreation

Irondale and Port Hadlock
Urban Growth Area

Specific Land Use

AG

CF/RF/IF

RR 1:5

RR 1:10

RR 1:20

RVC

CC

NC

GC

RI

LI/C

LI

LI/M

HI

PPR

UGA

Residential Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See Chapter 18.18 JCC

Single-Family Housing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Accessory dwellings units

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

Yes

Yes

No

No

No

Caretaker residence (public parks)

No

No

No

No

No

No

No

No

No

No

No

No

No

No

C(a)

Co-housing/intentional communities (subject to PRRD overlay in RR districts)

Yes

No

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

Manufactured/mobile home parks (subject to PRRD overlay in RR districts)

No

No

Yes

Yes

Yes

Yes

No

Yes

Yes

No

No

No

No

No

No

Single-family residences

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

Transient rental of residence or accessory dwelling unit

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

Duplexes (subject to meeting underlying density requirements)

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

Farm worker housing

See JCC 18.20.030

No

No

No

No

No

No

No

No

No

No

No

No

No

No

Multifamily Housing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Multifamily residential units (3+ units)

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Residential care facilities with up to 5 persons

No

No

Yes

Yes

Yes

Yes

No

No

Yes

No

No

No

No

No

No

Residential care facilities with 6 to 20 persons

No

No

C

C

C

Yes

No

No

No

No

No

No

No

No

No

Nursing/convalescent/assisted living facilities

No

No

C

C

C

Yes

No

Yes

Yes

No

No

No

No

No

No

See Chapter 18.18 JCC

Unnamed residential uses

No

No

D

D

D

D

No

D

D

No

No

No

No

No

No

Accessory Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Home businesses

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

Yes

No

Yes

Yes

Yes

No

No

Cottage industry (not including recreational marijuana)

C(a)

C(a)

C(d)

C(d)

C(d)

Yes

No

Yes

Yes

No

Yes

Yes

Yes

No

No

Hobby kennel

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

Commercial Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal commercial kennels and catteries

See JCC 18.20.030

C(d)

C(d)

C(d)

C(d)

C(d)

No

No

C(d)

No

No

No

No

No

No

Automotive service and repair

No

No

No

No

No

Yes

No

Yes

Yes

No

Yes

Yes

Yes

No

No

Automotive service and repair (with subordinate auto sales)

No

No

No

No

No

Yes

No

No

Yes

No

No

No

No

No

No

Bed and breakfast inn (4 to 6 rooms)

Yes

No

C(a)

C(a)

C(a)

Yes

No

Yes

Yes

No

No

No

No

No

No

Bed and breakfast residence (1 to 3 rooms)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

Boat storage, commercial (outside of SMP)

No

No

No

No

No

Yes

No

No

Yes

No

Yes

Yes

Yes

No

No

Boat building and repair, commercial

No

No

No

No

No

C

No

No

No

No

Yes

Yes

Yes

Yes

No

Clinics (medical, dental, and vision)

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Convenience and video stores

No

No

No

No

No

Yes

Yes

Yes

Yes

No

No

No

No

No

No

Day care, commercial

C

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Drinking establishment

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Eating establishment

No

No

No

No

No

Yes

Yes

Yes

Yes

No

C

No

No

No

No

Sexually oriented businesses

No

No

No

No

No

C

C

No

C

No

C

No

No

No

No

See Chapter 18.18 JCC

Small equipment repair, sales and rental services

See JCC 18.20.030

No

No

No

No

Yes

No

Yes

Yes

No

Yes

Yes

Yes

No

No

Construction contractor, commercial

No

No

No

No

No

Yes

No

No/
Yes1

Yes

No

Yes

Yes

Yes

No

No

Food and beverage stands

No

No

No

No

No

Yes

Yes

Yes

Yes

No

Yes

Yes

Yes

Yes

No

Gas stations

No

No

No

No

No

Yes

Yes

Yes

Yes

No

No

No

No

No

No

Golf courses and driving ranges

No

No

C

C

C

No

No

No

No

No

No

No

No

No

C

Grocery stores and gift shops

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Hotel/motel

No

No

No

No

No

Yes

No

No2

C

No

No

No

No

No

No

Indoor entertainment or recreational facility

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Liquor stores

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Lumber yards/building supply and materials

No

No

No

No

No

Yes

No

No

C

No

Yes

Yes

Yes

No

No

Marijuana recreational retailer

C(d)

No

No

No

No

Yes

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Mini-storage facilities

No

No

No

No

No

Yes

No

C/
Yes3

Yes

No

Yes

No

Yes

No

No

Personal and professional services

No

No

No

No

No

Yes

D

D

Yes

No

No

No

No

No

No

Resorts, master planned (new)

See Article IV of Chapter 18.15 JCC

Retail sales and services (not including recreational marijuana retail)

See JCC 18.20.030

No

No

No

No

Yes

D

D

Yes

No

No

No

No

No

No

Vehicle sales, new and used retail (auto and RV)

No

No

No

No

No

C(a)

No

No

No/
C(a)4

No

No

No

No

No

No

Veterinary clinics and hospitals

See JCC 18.20.030

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See Chapter 18.18 JCC

Unnamed commercial uses

No

No

No

No

No

D

D

D

D

No

D

No

No

No

No

Industrial Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bulk plant or terminal facilities

No

No

No

No

No

No

No

No

No

No

C

C

C

C

No

Asphalt and concrete batch plants

No

C

No

No

No

No

No

No

No

No

No

No

No

Yes

No

Heavy equipment sales and rental services

No

No

No

No

No

C(a)

No

No

C(a)

No

Yes

Yes

Yes

No

No

Heavy industrial, resource-based

No

No

No

No

No

No

No

No

No

C(a)

No

No

No

Yes

No

Light industrial/manufacturing (not including recreational marijuana processing)

See JCC 18.20.030

No

No

No

No

No

No

No

No

C(a)

Yes

Yes

Yes

No

No

Food or beverage bottling and/or packaging

See JCC 18.20.030

No

No

No

No

No

No

No

No

No

Yes

Yes

Yes

No

No

Outdoor storage yards

See JCC 18.20.030

No

No

No

No

No

No

No

No

C(a)

Yes

Yes

Yes

Yes

No

Recycling center

See JCC 18.20.030

No

No

No

No

No

No

No/C5

No/C6

No

Yes

Yes

Yes

No

No

Marijuana recreational processor

C(d)

C(d)

C(d)

C(d)

C(d)

No

No

No

No

Yes

Yes

Yes

Yes

Yes

No

Mineral extraction activities (without MRL overlay)

Yes

Yes

C

C

C

No

No

No

No

No

No

No

No

No

No

Mineral extraction activities (w/MRL overlay) (10‑acre min. lot size)

Yes

Yes

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

Mineral processing accessory to extraction operations (without MRL overlay)

C

C

C

C

C

No

No

No

No

Yes

C

C

C

Yes

No

Mineral processing accessory to extraction operations (w/MRL overlay)

Yes

Yes

C

C

C

No

No

No

No

Yes

No

No

No

Yes

No

Warehouse/wholesale distribution center

See JCC 18.20.030

No

No

No

No

No

No

No

No

No

Yes

Yes

Yes

No

No

See Chapter 18.18 JCC

(Automobile) wrecking yards and junk (or salvage) yards

No

No

No

No

No

No

No

No/
Yes7

No/
Yes8

No

No

No

Yes

Yes

No

Unnamed industrial uses

No

No

No

No

No

No

No

No

No

D

D

D

D

D

No

Institutional Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Essential Public Facilities9

See JCC 18.15.110

Airports (w/o airport EPF overlay)

No

No

No

No

No

No

No

No

No

No

No

No

No

No

No

Educational facilities (state owned)

No

No

C

C

C

C

No

C

C

C

C

C

C

No

No

Large-scale regional transportation facilities (state owned) (e.g., freeways, ferry terminals)

No

No

C

C

C

C

No

C

C

C

C

C

C

C

No

Correctional facilities

No

No

C

C

C

C

No

C

C

C

C

C

C

C

No

Solid waste handling and disposal facilities

No

No

C

C

C

C

No

C

C

C

C

C

C

C

No

Inpatient substance abuse and mental health facilities

No

No

C

C

C

C

No

C

C

No

No

No

No

No

No

Unnamed essential public facilities

See JCC 18.20.030

No

C

C

C

C

C

C

C

C

 

 

 

 

 

Public Purpose Facilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal shelter

C(d)

C(d)

C(d)

C(d)

C(d)

C(d)

C(d)

C(d)

C(d)

No

No

No

No

C(d)

C(d)

Assembly facilities

See JCC 18.20.030

No

C(d)

C(d)

C(d)

Yes

No

C(a)

C(a)

No

No

No

No

No

No

College or technical school/adult education facility (not state owned)

See JCC 18.20.030

No

No

No

No

C

No

C

C

No

No

No

No

No

No

Emergency services (police, fire, EMS)

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

See Chapter 18.18 JCC

Government offices

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

C(a)

Library

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

No

Museum

No

No

No

No

No

Yes

No

Yes

Yes

No

No

No

No

No

C(d)

Parks and playfields

C

C

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Post office

No

No

No

No

No

Yes

Yes

Yes

Yes

No

No

No

No

No

No

Public works maintenance/equipment storage shops

C

C

C(d)

C(d)

C(d)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Recreational facilities

C

C

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Recycling collection facilities

See JCC 18.20.030

C(a)

C(a)

C(a)

C(a)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

C(a)

School, primary and secondary

See JCC 18.20.030

No

C

C

C

C

No

No

C

No

No

No

No

No

No

Visitor/interpretive center

No

C(d)

C(d)

C(d)

C(d)

C(d)

No

C(d)

C(d)

No

No

No

No

No

C(d)

Water/wastewater treatment facilities

No

No

C(d)

C(d)

C(d)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

C(d)

Cemeteries

No

No

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

No

Religious assembly facility

No

No

C(d)

C(d)

C(d)

C(a)

No

C(a)

C(a)

No

No

No

No

No

No

Unnamed institutional uses

No

No

D

D

D

D

D

D

D

D

D

D

D

D

D

Small-Scale Recreation and Tourist Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Aerial recreational activities (e.g., balloon rides, gliders)

No

No

C(d)

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

Animal preserves and game farms with dangerous wild animals

No

No

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

No

See Chapter 18.18 JCC

Animal tourist farms with domestic and nondangerous wild animals

See JCC 18.20.030

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agritourism

See JCC 18.20.030

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Campgrounds and camping facilities, new

See JCC 18.20.030

C(d)

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

Yes

Campgrounds, camping facilities and small-scale resorts; expansion of existing facilities

See JCC 18.20.030

C(d)

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

Yes

Cultural festival and historic sites, permanent

C(d)

C(d)

C(d)

C(d)

C(d)

C(d)

No

C(d)

C(d)

No

No

No

No

No

Yes

Equestrian centers

C(d)

C(d)

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

No

Outdoor commercial amusement facilities

See JCC 18.20.030

No

C

C

C

Yes

No

No

Yes

No

No

No

No

No

No

Outdoor archery ranges

No

C(d)

C(d)

C(d)

C(d)

No

No

No

No

No

No

No

No

No

No

Recreational, cultural or religious conference center/retreat facilities

See JCC 18.20.030

No

C

C

C

C(d)

No

No

C(d)

No

No

No

No

No

No

Recreational vehicle parks

No

C(d)

C(d)

C(d)

C(d)

Yes

No

No

Yes

No

No

No

No

No

No

Outdoor shooting ranges

No

C

No

No

No

No

No

No

No

No

No

No

No

No

No

Outdoor recreational equipment rental and/or guide services

See JCC 18.20.030

No

C(d)

C(d)

C(d)

Yes

No

Yes

Yes

No

No

No

No

No

No

Public display gardens

C(d)

C(d)

C(d)

C(d)

C(d)

Yes

No

No

No

No

No

No

No

No

Yes

Rural restaurant, only when associated with a primary recreational or tourist use

See JCC 18.20.030

No

C(d)

C(d)

C(d)

N/A

N/A

N/A

N/A

No

No

No

No

No

No

See Chapter 18.18 JCC

Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational areas

No

C

No

No

No

No

No

No

No

No

No

No

No

No

No

Rural recreational lodging or cabins for transient rental

See JCC 18.20.030

No

C

C

C

N/A

N/A

N/A

N/A

No

No

No

No

No

No

Unnamed small-scale recreation and tourist uses

See JCC 18.20.030

No

C(d)

C(d)

C(d)

D

D

D

D

No

No

No

No

No

D

Temporary Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Seasonal roadside stands

See JCC 18.20.330

Temporary festivals

See JCC 18.20.390

Temporary outdoor uses

See JCC 18.20.380

Transportation Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Park and ride lots/transit facilities

C(d)

C(d)

C(d)

C(d)

C(d)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Roads, public or private

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Trails and paths, public or private

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Unnamed transportation uses

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

Utilities Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commercial communication facilities

See JCC 18.20.130

Utility developments, major

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Utility developments, minor

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

C(a)

Unnamed utility uses

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

See Chapter 18.18 JCC

Agricultural and Forestry Uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agricultural activities and accessory uses

See JCC 18.20.030

Aquacultural uses and activities (outside of shoreline jurisdiction)

Yes

No

Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

Aquatic plant and animal processing and storage

See JCC 18.20.030

No

No

No

No

No

No

No

No

No

Yes

Yes

Yes

Yes

No

Lumber mills and associated forestry processing activities and uses

See JCC 18.20.030

C(a)

No

No

No

No

No

No

No

Yes

No

No

No

Yes

No

Marijuana Recreational Producer

Yes

C(d)

C(d)

C(d)

C(d)

No

No

No

No

Yes

Yes

Yes

Yes

Yes

No

Nurseries

Yes

Yes

C(d)

C(d)

C(d)

Yes

No

Yes

Yes

No

No

No

No

No

No

Unnamed agricultural and forestry uses

D

D

D

D

D

No

No

No

No

No

No

No

No

No

No


1

Four Corners only


2

Hotel/motels are not allowed in NC districts, except for Discovery Bay


3

Chimacum and Four Corners, existing only


4

SR 19/20 only


5

Four Corners only


6

Ness Corner only


7

Four Corners, existing only


8

Ness Corner, existing only


9

Classification of EPF uses within appropriate districts are advisory only, subject to provisions of Article V of Chapter 18.15 JCC


[Ord. 4-15 § 2 (Att. A); Ord. 3-12 § 1 (Exh. H); Ord. 8-06 § 1]

18.15.045 Unnamed uses.

This code recognizes that not every conceivable use can be identified and that new uses may evolve over time. Furthermore, it establishes the administrator’s authority to review proposed “unnamed” uses for similarity with other uses listed in this code and to ensure consistency of the proposed use with the applicable district. When a use is not specifically listed in Table 3-1 (or, if proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed as a discretionary “D” use by the administrator, using a Type II process specified in Chapter 18.40 JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine and establish whether the proposed unnamed use shall be classified as an allowed use, a conditional use, or prohibited within the applicable district. [Ord. 8-06 § 1]

18.15.050 Multiple designations.

Some properties or developments may be subject to the regulations for two or more applicable land use districts, shoreline environments, or overlay districts. [Ord. 8-06 § 1]

18.15.055 Allowable residential density.

(1) The maximum allowable residential density for all parcels is shown on the official maps of the Jefferson County Comprehensive Plan.

(2) The maximum allowable density reflects the general intent of the Comprehensive Plan and should be allowed unless maximum density would exceed site capabilities or unless it would thwart other applicable county land use regulations.

(3) The residential densities specified on the official maps shall not constitute and shall not be construed as minimum lot sizes. If specific site considerations dictate a lower density than that shown on the official maps, the county shall have authority to impose a lower density. [Ord. 8-06 § 1]

18.15.060 Development standards and use limitations.

All uses are subject to certain bulk and dimensional standards, such as setbacks and off-street parking requirements. These standards are specified in Chapter 18.30 JCC and supplementary standards for land uses in the Irondale and Port Hadlock UGA are identified in Chapter 18.18 JCC. [Ord. 8-06 § 1]

18.15.065 Criteria for site-specific redesignations and master planned resort approval.

The criteria for decision-making on these actions are specified in Chapters 18.40 and 18.45 JCC. [Ord. 8-06 § 1]

18.15.070 Application, notice, and appeal requirements.

The requirements to file an application, the administrative processes for handling the application, and appeal procedures, are specified in Chapter 18.40 JCC. [Ord. 8-06 § 1]

18.15.075 Variances from standards.

Variances to performance standards of Chapters 18.20 and 18.30 JCC may be requested in accordance with the requirements of Chapter 18.40 JCC. [Ord. 8-06 § 1]

18.15.080 Change of use.

Any time a change of use occurs within an existing building or structure, such uses shall only be allowed if consistent with the uses allowed in the applicable land use and zoning district as specified in this chapter or Chapter 18.18 JCC and if such uses meet the applicable performance standards of Chapter 18.20 JCC and the development standards of Chapter 18.30 JCC unless waived by the administrator. [Ord. 8-06 § 1]

Article III. Land Use Regulations – General Provisions

18.15.085 Applicability.

The regulations in this article apply to all land uses in all districts unless stated otherwise. [Ord. 8-06 § 1]

18.15.090 Archaeological and historical site protection.

(1) When an application for development is received for an area known to be archaeologically or historically significant, no action shall be taken on the application and the applicant shall not initiate any excavation or development activity until the site has been inspected by a qualified archaeologist, historian, or architect, as appropriate, designated by the administrator.

(2) If during excavation or development of a site an area of potential archaeological significance is uncovered, all activity in the immediate vicinity shall be halted, and the administrator shall be notified at once.

(3) The following shall be stated as a condition of approval on all development permits issued by the county:

If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once.

[Ord. 8-06 § 1]

18.15.095 Right to farm and forestry provisions.

(1) Applicability. Right to farm and forestry provisions apply to all resource and rural land use districts except rural residential 1:5. The provisions of this section are not to be construed to in any way modify, supersede or abridge state or county law relative to nuisances; rather, they are only to be used in the interpretation and enforcement of the provisions of this code.

(2) Purpose. To provide the residents of the county proper notification of the county’s recognition and support of farming and forestry activities.

(3) Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities, lumber mills (operating between 7:00 a.m. and 7:00 p.m.), and other facilities, or appurtenances thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated as rural residential 1:10 and 1:20, rural industrial, rural commercial, agricultural resource, or forest resource.

(4) Disclosure. The disclosure statement in subsection (4)(b) of this section shall be used under the following circumstances and in the following manner:

(a) Approval of any land division, land use, building, or development of any lands within 500 feet of lands which are designated as agricultural resource, forest resource, or mineral resource shall include a condition of approval affixed to the land use or project permit approval issued by Jefferson County. This condition is intended to disclose to applicants their proximity to resource lands and potential discomforts which are associated with resource land activities.

(b) The required disclosure statement is as follows:

Jefferson County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal of manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations.

[Ord. 8-06 § 1]

18.15.100 Development permits and resource lands.

Development permit approvals for the use of lands adjacent to lands designated resource lands shall be conditioned through the disclosure statement in JCC 18.15.095(4)(b) and other appropriate measures to ensure that the use of such lands shall not interfere with the continued use in the accustomed manner and in accordance with best management practices of those lands designated for resource purposes. [Ord. 8-06 § 1]

18.15.105 Overlay districts and subarea plans.

Overlay districts and subarea plans provide policies and regulations in addition to those of the underlying land use districts. The regulations for these areas are found in Articles VI and VII of this chapter. [Ord. 8-06 § 1]

18.15.110 Special use permit – Siting of essential public facilities.

The Growth Management Act directs that no comprehensive plan or development regulation may preclude the siting of essential public facilities (RCW 36.70A.200(2)). The location and permitting of essential public facilities shall be guided by the policies of the Comprehensive Plan, and subject to the following procedures:

(1) The siting and location policies and strategies of the Jefferson County Comprehensive Plan and Countywide Planning Policy No. 4 shall be followed to the maximum extent possible.

(2) Essential public facilities shall be located if possible within land use designations for which the uses are allowed (cf. Tables 3.1 or Chapter 18.18 JCC).

(3) Only if no practicable alternative exists, and then only to the minimum extent possible and in accordance with applicable regulations, may such facilities be located where the uses are prohibited.

(4) A special use permit shall be required only for the siting of essential public facilities under this code.

(a) Process. A special use permit shall be reviewed under the same process as a Comprehensive Plan amendment, as specified in Chapter 18.45 JCC.

(b) Application Requirements. An applicant for a special use permit shall provide the same application materials as for a petition for a site-specific land use redesignation, as specified in Chapter 18.45 JCC. A special use permit shall also include an alternative site analysis evaluating at least two other alternative sites for the proposed facility.

(c) Approval Criteria. The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following elements:

(i) The characteristics of the special use will not be unreasonably incompatible with the types of uses permitted in surrounding areas;

(ii) The proposed special use will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units;

(iii) The special use will not materially endanger the health, safety and welfare of the community;

(iv) The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous to or significantly conflict with existing and anticipated traffic in the local area;

(v) The special use will be supported by adequate public facilities or services and will not adversely affect pubic services to the surrounding area unless conditions can be established to mitigate adverse impacts;

(vi) The location, size and height of buildings, structures, walls and fences and screening vegetation for the special use shall not hinder or discourage the appropriate development or use of neighboring properties;

(vii) The special use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this chapter;

(viii) For special uses outside of UGAs, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists;

(ix)  No feasible alternative site exists which better meet the requirements of these criteria;

(x)  The need for the special use at a specific location is documented, taking into account regionwide distribution of facilities and the capacity and location of equivalent facilities;

(xi) For special uses in or adjacent to resource lands, the impacts on the long-term natural resource management and production will be minimized;

(xii) For state-owned essential public facilities, the state shall provide justification for the facility and its location in Jefferson County based on forecasted needs and a logical service area; and

(xiii) For state-owned essential public facilities, the state shall have established a public process by which the residents of the county and of affected and “host” municipalities have a reasonable opportunity to participate in the site selection process.

(d) Conditions of Approval. If approved, conditions of approval for the special use may include conditions of approval which address the criteria listed above and the following:

(i) Accessibility;

(ii) Transportation needs and services;

(iii) Public facility and service needs and availability;

(iv) Site design;

(v) Control of on-site and off-site impacts during construction;

(vi) Facility operations; and

(vii) Impacts on environmentally sensitive areas. [Ord. 8-06 § 1]

Article III-A. Jefferson County International Airport Essential Public Facility District (AEPF)

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 accordance with the provisions of the approved JCIA 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. [Ord. 8-06 § 1]

18.15.1112 Purpose and intent.

The purpose and intent of this article is to regulate land uses within the airport essential public facility district (AEPF) in order to encourage orderly economic development in a manner compatible with the Jefferson County International Airport Master Plan, airport operations and adjacent properties, and to protect the county’s only general aviation public use airport from conflicting or incompatible adjacent land uses or activities. [Ord. 11-09 § 2 (Att. B); Ord. 8-06 § 1]

18.15.1114 Permitted, conditional and prohibited uses.

New development within the AEPF district shall be restricted principally to aviation support facilities and aviation-related manufacturing/light industrial uses. However, certain public and quasi-public uses and non-aviation-related rural light industrial uses may be permitted as specifically set forth in this section, and JCC 18.15.453, et seq. [Ord. 11-09 § 2 (Att. B); Ord. 8-06 § 1]

18.15.1116 Permitted uses.

(1) Aviation support facilities and activities that directly support flight operations and the operation of the Jefferson County International Airport, and include, but are not limited to:

(a) Pilot and passenger service facilities, including food service;

(b) Charter services and aircraft rentals;

(c) Airport-related government offices;

(d) Navigational aids;

(e) Runway aprons;

(f) Terminal buildings;

(g) Hangars;

(h) Fuel storage facilities;

(i) Operations/maintenance facilities;

(j) Aviation museum and/or visitor interpretive center;

(k) Automobile parking; and

(l) Restaurants;

(2) Aviation-related manufacturing and light industrial uses and activities that comply with FAA guidelines and which contribute to the operations of the JCIA as an economically self-supporting enterprise. These include but are not limited to:

(a) Aircraft repair facilities;

(b) Aircraft remodeling facilities;

(c) Aircraft sales and related aircraft equipment, services and supplies;

(d) Aircraft manufacturing;

(e) Airborne freight facilities;

(f) Air pilot training schools;

(g) Aviation clubs;

(h) Taxi and bus terminals;

(i) Automobile rental and associated parking;

(j) Aviation-related manufacturing authorized and approved by the Federal Aviation Administration; and

(k) Aerial recreational activities (e.g., balloon rides, gliders, etc.);

(3) Public works maintenance/equipment storage shops;

(4) Park and ride lots/transit facilities;

(5) Roads, public or private;

(6) Public trails and paths; and

(7) Port-related government offices. [Ord. 8-06 § 1]

18.15.1118 Conditional, discretionary and special uses.

(Classified as “C,” “C(a),” “C(d)” and “D” as described in the notes preceding Table 3-1 in JCC 18.15.040):

(1) Large-scale regional transportation facilities (state-owned) (e.g., freeways) (C);

(2) Unnamed essential public facilities (C);

(3) Emergency services (police, fire and EMS) (C);

(4) Utility developments, major (C);

(5) Utility developments, minor (C(a));

(6) Unnamed transportation uses (D);

(7) Unnamed utility uses (D); and

(8) Commercial communication facilities (note: this is a special use under JCC 18.20.130). [Ord. 8-06 § 1]

18.15.1120 Accessory uses.

Other uses accessory or incidental to uses allowed in this article are permitted in the airport essential public facility district subject to approval by the Federal Aviation Administration. Such uses include, but are not limited to, caretaker residences. [Ord. 8-06 § 1]

18.15.1122 Prohibited uses.

Uses not specified within this article are prohibited. Additionally, uses or activities that may affect flight operations including, but not limited to, the following are prohibited:

(1) Any use that releases airborne substances, such as steam, dust or smoke;

(2) Any use that attracts concentrations of birds, waterfowl or other wildlife;

(3) Uses that are determined to pose a hazard to the safe operation of the airport as an aviation facility. [Ord. 8-06 § 1]

18.15.1124 Development standards.

This section provides standards to minimize the conflicts between the Jefferson County International Airport and proposed future development proximal to the airport proper. The following development standards are established to prevent future incompatible uses and airspace obstructions in airport overlay districts, approaches and surrounding areas. Land uses and development shall comply with the standards established in the Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Airspace). Where the standards contained in this section conflict with FAR, Part 77, the more restrictive shall apply. All other development standards and review and approval criteria in this code shall also apply. [Ord. 8-06 § 1]

18.15.1126 Electrical emissions.

Any use or activity that emits electrical currents shall be installed in a manner that does not interfere with communication systems or navigational equipment. [Ord. 8-06 § 1]

18.15.1128 Lighting.

New development that creates a glare of lighting that interferes with the lights necessary for aircraft navigation, including landing and take-off, shall be prohibited. [Ord. 8-06 § 1]

18.15.1130 Height restrictions.

New development or alteration of existing development within the airport’s navigable airspace shall be in accordance with Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Airspace). [Ord. 8-06 § 1]

18.15.1132 Ground transportation facilities.

All uses shall be served by adequate transportation facilities, including appropriate facilities for transit, pedestrians, and bicycles. Where transportation facilities are not adequate to serve a proposed use, the applicant shall make provision for necessary improvements. Transportation facilities shall be deemed adequate if necessary improvements are planned and funded in the Jefferson County Comprehensive Plan Six-Year Transportation Improvement Program. Transportation facilities shall meet the design standards of the department of public works and Jefferson Transit. These standards include, but are not limited to, the American Association of State Highway and Transportation Officials (AASHTO) “Policy on Geometric Design of Highways and Streets,” the Institute of Transportation Engineers “Trip Generation Manual,” and the Washington Department of Transportation “Highway Design Manual” and “Standard Specifications for Road, Bridge, and Municipal Construction.” [Ord. 8-06 § 1]

Article IV. Master Planned Resorts – Special Provisions

18.15.115 Designation.

“Master planned resort” (MPR) is a land use designation established under the Comprehensive Plan. The officially designated master planned resorts in Jefferson County are the Port Ludlow MPR and the Pleasant Harbor MPR, provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360 pertaining to new master planned resorts. Designation of any new master planned resorts pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.120 Purpose and intent.

Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this article is to establish a master planned resort land use district to be applied to those properties the board of county commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.123 Allowable uses.

The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.70A.360:

(1) All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature of the master planned resort.

(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other residential uses, that are made available for short-term rental; provided, that short-term visitor accommodations shall constitute no less than 65 percent of the total resort accommodation units.

(3) Indoor and outdoor recreational facilities and uses, including, but not limited to, tennis courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort.

(4) Campgrounds and recreational vehicle (RV) sites.

(5) Visitor-oriented amenities, including, but not limited to:

(a) Eating and drinking establishments;

(b) Meeting facilities;

(c) On-site retail businesses and services which are designed to serve the needs of the users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and

(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales.

(6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums.

(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort.

(8) Temporary and/or permanent structures to serve as sales offices.

(9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.126 Requirements for master planned resorts.

An applicant for an MPR project must meet the following requirements:

(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include:

(a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will attract people to the area and resort.

(b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part of the resort’s services, and commercial and supportive services provided.

(c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs of the resort and its users.

(d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location.

(e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site.

(f) A description of the environmentally sensitive areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Tshoreline master program.

(g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development.

(h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurrency requirements of the Comprehensive Plan will be met.

(i) A description of the intended phasing of development of the project, if any. The initial application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity of the development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion of all phases of the project, and how the project may operate successfully and meet its environmental protection, concurrency, and other commitments should development cease before all phases are completed.

(2) Development Agreement. A master planned resort shall require approval of a development agreement as authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and RCW 36.70B.170, the development agreements shall be prepared by the applicant and must set forth the development standards applicable to the development of a specific master planned resort, which may include, but are not limited to:

(a) Permitted uses, densities and intensities of uses, and building sizes;

(b) Phasing of development, if requested by the applicant;

(c) Procedures for review of site-specific development plans;

(d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retail/commercial services;

(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and other development conditions; and

(f) Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.170(3).

(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII of this chapter (Subarea Plans) and JCC 18.45.030 may be used if deemed appropriate by both the applicant and Jefferson County. The Comprehensive Plan amendment or subarea plan may be processed by Jefferson County concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort.

(4) Planned Actions. If deemed appropriate by the applicant and Jefferson County, a master planned resort project may be designated by Jefferson County as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-11-164 and 197-11-168.

(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.70A.110. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.129 Application requirements and approval process.

New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of county commissioners and the following:

(1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.126(1).

(2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).

(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.132 Decision-making authority.

(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080, shall hear and make recommendations on master plans and site-specific applications for MPR land use designations on the Comprehensive Plan Land Use Map.

(2) The board of county commissioners, pursuant to its authority specified under JCC 18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and standards authorized for site-specific MPRs in a development agreement, and approve master plans. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.135 Criteria for approval.

An application to develop any parcel or parcels of land as an MPR may be approved, or approved with modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed to ensure that the application meets these criteria, then the application shall be denied.

(1) The master plan is consistent with the requirements of this article and Article VI-D of this chapter (Environmentally Sensitive Areas District (ESA)).

(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, and complies with all other applicable sections of this code and all other codes and policies of Jefferson County.

(3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed.

(4) The MPR will provide active recreational uses, adequate open space, and sufficient services, such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR.

(5) The MPR will contain within the development all necessary supportive and accessory on-site urban-level commercial and other services, and such services shall be oriented to serve the MPR.

(6) Environmental considerations are employed in the design, placement and screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views.

(7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated.

(8) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property.

(9) The master plan establishes location-specific standards to retain and enhance the character of the resort.

(10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely affect adjacent agricultural or forest resource land production. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

18.15.138 Master planned resort.

JCC Title 17, Master Planned Resorts, as may be amended, is hereby adopted by reference and made a part of this UDC. [Ord. 3-18 § 3 (Att. 2); Ord. 8-06 § 1]

Article V. Rural and Resource Districts – Special Provisions

18.15.140 Agricultural and forest resource lands – Site-specific designations and amendments.

The procedures and process for a site-specific designation or removal from designation of agricultural and forest resource lands shall be the same as for a Comprehensive Plan amendment as provided in Chapter 18.45 JCC. [Ord. 8-06 § 1]

18.15.145 Agricultural resource districts.

(1) Residential Density. No land designated as agricultural land shall be subdivided such that its residential density exceeds one unit per 20 acres, when the property owner elects not to use the cluster subdivision option provided in subsection (2) of this section.

(2) Clustering Provisions. The owner of a parcel designated as agricultural resources may undertake a cluster subdivision in accordance with Article VI-M (PRRDs) of this chapter. The objective of a cluster subdivision is to provide a property owner with sufficient development rights to maintain their ownership options while retaining the maximum amount of land in agricultural production. [Ord. 8-06 § 1]

18.15.150 Forest resource districts.

(1) Residential Density. There shall be no subdivision of land designated commercial forest or rural forest for residential purposes. However, nothing in this code shall be construed to prevent the owner of designated commercial or rural forest land from living on his/her land; provided, that applicable building requirements are met.

(2) Subdivisions and Use Limitations. Subdivision of commercial and rural forest lands for construction or installation of nonresidential purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least 80 acres in size within the commercial forest designation and 40 acres in size within the rural forest designation and must meet the following criteria:

(a) The facility cannot otherwise be suitability located on undesignated land;

(b) The installation cannot otherwise be accomplished without subdivision;

(c) The facility is to be located on the lowest feasible grade of forest land; and

(d) The facility removes as little land as possible from timber production.

(3) Setback Requirements for Adjacent Development. New structures proposed to be located on parcels adjacent to designated forest lands shall:

(a) Establish and maintain a minimum 250-foot building setback adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, which shall serve as a resource protection area, as measured from the property boundaries of adjacent forest lands except as follows:

(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet adjacent to commercial forest lands and 100 feet adjacent to the rural forest lands designation, then the new structure shall maintain the maximum setback possible; or

(ii) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest land each sign and file for record, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the properties, a setback of less than 250 feet adjacent to commercial forest lands and 100 feet adjacent to rural forest lands may be maintained;

(b) Provide adequate access for fire vehicles; and

(c) If the proposed structure is located within 250 feet of the boundary of commercial forest lands or within 100 feet of rural forest lands, in the area where the setback is to be applied, the property owner shall survey the property boundaries that abut forest land in the area where the setback is to be applied, locate the property boundaries on the ground, and submit a record of survey, or other means deemed acceptable to the administrator, with a building permit application.

(4) Setback Requirements on Designated Forest Lands. Builders of new structures proposed to be located on parcels designated commercial, rural, or inholding forest shall:

(a) Establish and maintain a minimum 250-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial and rural forest lands except as follows:

(i) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 250 feet, the new structure shall maintain the maximum setback possible.

(5) Establishment of Resource Protection Areas. Subdivisions, short subdivisions and rural cluster subdivisions of parcels adjacent to forest land shall establish a resource protection area of a minimum 250-foot width along commercial forest land boundaries and 100-foot width along rural forest and inholding forest land boundaries. [Ord. 8-06 § 1]

Article VI. Overlay Districts

Article VI-A. Purpose

18.15.155 Established.

Overlay districts provide regulations in addition to those of other sections in this code for certain land areas and for uses which warrant specific recognition and management. See the official maps for the location of the overlay districts. Except as otherwise provided in this Article VI, 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. All other provisions of this code shall remain in full force and effect within the overlay district. The following types of overlay districts are provided by this code:

(1) Mineral resource lands (MRL);

(2) Repealed by Ord. 3-08;

(3) Airport essential public facility district (A);

(4) Remote rural (RR) overlay for West End Planning Area (WEPA) and Brinnon Planning Area (BRPA);

(5) Planned rural residential development (PRRD); and

(6) Small-scale recreation and tourist (SRT). [Ord. 3-08 § 2; Ord. 8-06 § 1]

Article VI-B. Maps

18.15.160 Official maps.

The official maps do not portray survey accuracy and do not provide a definitive answer as to whether any overlay district regulations apply to a specific property. Persons may request a written interpretation from the administrator as to the presence or absence of an overlay district(s) on specific property, except as provided for ESAs in JCC 18.15.165. In those cases where the administrator provides a written interpretation, the interpretation shall be binding on the county. If written interpretations require a field investigation by a qualified professional, it will be done at the requestor’s expense. [Ord. 8-06 § 1]

18.15.165 Environmentally sensitive areas (ESA) maps.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-C. Mineral Resource Lands District (MRL)

18.15.170 Designation procedures.

A mineral resource land (MRL) overlay district may be applied based upon the following criteria, only upon acceptance by the county of a complete application from a property owner and upon approval of a redesignation in accordance with Chapter 18.45 JCC and processed as a Comprehensive Plan amendment. MRLs of long-term commercial significance are those lands from which the commercial extraction of minerals (sand, gravel, rock, and other valuable aggregate or metallic substances) can be anticipated within 20 years and which are characterized by all of the following:

(1) Have a known or potential extractable resource in commercial quantities verified by submittal of a geologic and economic report prepared by a qualified professional;

(2) The parcel is a minimum of 10 acres in size;

(3) The subject property is surrounded by parcels no smaller than five acres in size on 100 percent of its perimeter;

(4) The current or future land use designation will not exceed a residential density of one dwelling unit per five acres;

(5) Are not within any shoreline designation, urban growth area or rural village center or within one-half mile of any established or potential urban growth area or rural village center boundary, as shown on the official maps of the Comprehensive Plan; and

(6) Are not within a regulated wetland or fish and wildlife habitat area pursuant to Article VI-H and VI-I of this chapter. [Ord. 8-06 § 1]

18.15.175 Allowable and prohibited uses.

Allowable and prohibited uses within mineral resource lands overlay districts are specified in Table 3-1 in JCC 18.15.040 for the underlying designation. All uses must comply with any applicable performance standards in Chapter 18.20 JCC and development standards in Chapter 18.30 JCC; unless otherwise specified in this code. [Ord. 8-06 § 1]

18.15.180 Nuisance and disclosure provisions.

(1) Nuisance. The following shall not be considered a nuisance: mineral resource extraction and processing activities, operations (except between 7:00 p.m. and 7:00 a.m. and on weekends), facilities or appurtenances thereof, conducted or maintained for commercial mineral resource extraction and processing purposes on land designated as mineral resource land (MRL), regardless of past or future changes in the surrounding area land use or land use designation.

(2) Disclosure. The disclosure statement in subsection (2)(b) of this section shall be used under the following circumstances and in the following manner:

(a) Approval of any land division, land use, building, or development of lands adjacent to or within 500 feet of lands designated as mineral resource land (MRL) shall be conditioned on the execution by the applicant of a statement of acknowledgment containing the disclosure statement on forms provided by the department of community development. However, if a disclosure conforming to the provisions of this section has been provided for a prior permit, subsequent disclosures shall not be required.

(b) The required disclosure statement is as follows:

If your real property is within five hundred (500) feet of real property within an area designated as Mineral Resource Land (MRL), you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, tree removal, odors, fumes, dust, smoke, the operation of machinery, and the storage and disposal of aggregate products. One or more of the inconveniences described may occur as a result of extraction and processing operations which are in conformance with existing laws and regulations. Jefferson County has determined that the use of certain real properties for mineral resource extraction and processing activities is necessary to ensure resource availability in the County. The County will not consider to be a nuisance those inconveniences or discomforts arising from extraction and processing operations, if such operations are consistent with commonly accepted best management practices and comply with local, state, and federal laws.

[Ord. 8-06 § 1]

Article VI-D. Environmentally Sensitive Areas District (ESA)*

*(1) Ord. 3-08, Exhibit C, provides:

“(a) See JCC 18.20.030 for exemptions from the critical area requirements for agricultural activities designated under RCW 36.70A.170. Any agricultural activities designated under RCW 36.70A.170 that are not exempt from critical area requirements shall be subject to JCC Title 18.

(b) See Chapter 18.22 JCC for critical areas. All references to “environmentally sensitive areas” within the Jefferson County Code are interchangeable with the term “critical areas.”

(2) Ord. 3-08 § 2 provides:

“These sections remain applicable only through July 1, 2010 and apply only to agricultural activities that pre-date the existence of this Ordinance and are occurring on land designated “AG” pursuant to JCC 18.15.020(1).”

18.15.185 Purpose.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.190 Applicability.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.195 Allowable uses.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.200 Coverage.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.205 General exceptions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.210 General exemptions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.215 Nonconforming uses.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.220 Reasonable economic use variance.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.225 Notice.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.230 Findings.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.235 Conditions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-E. Critical Aquifer Recharge Areas

18.15.240 Classification.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.245 Designation.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.250 Applicability.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.255 Protection standards.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-F. Frequently Flooded Areas

18.15.260 Incorporation by reference.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.265 Relationship to other regulations.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-G. Geologically Hazardous Areas

18.15.270 Classification/designation.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.275 Protection standards.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.280 Conditions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-H. Fish and Wildlife Habitat Areas

18.15.285 Classification/designation.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.290 Sources used for identification.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.295 Fish and wildlife habitat area maps.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.300 Exempt activities.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.305 Regulated activities.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.310 General prohibitions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.315 Protection standards.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.320 Conditions.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-I. Wetlands

18.15.325 Classification/designation.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.330 Regulated activities.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.335 Exempt activities.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.340 Protection standards.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.345 Noncompensatory enhancement.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.350 Mitigation.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-J. Special Reports

18.15.355 Waivers.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.360 General contents.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.365 Retaining consultants.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.370 Responsibility.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.375 Aquifer recharge area report.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.380 Drainage and erosion control plan.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.385 Geotechnical report.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.390 Grading plan.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.395 Habitat management plan.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

18.15.400 Wetland delineation report.

Repealed by Ord. 3-08. [Ord. 8-06 § 1]

Article VI-K. Airport Overlays

18.15.405 Designation.

The JCIA has been identified as an essential public facility in the Jefferson County Comprehensive Plans of 1998 and 2004. The airport represents a valuable public asset. It provides both an important transportation service and a vital asset to facilitate economic growth in the county. As such, measures are needed to preserve the continued future viability of the airport. Therefore, three airport overlays are hereby created, as follows:

(1) Airport Overlay I. For the purpose of this section, the Airport Overlay I is that geographic area affected by the airport and defined on the basis of factors that include aircraft noise, aircraft flight patterns and airport safety areas. It is based on the Noise Contour Interval Map contained in the FAA-approved JCIA master plan, which projects the 55 DNL contour through the year 2022;

(2) Airport Overlay II. For the purpose of this section, the Airport Overlay II is that geographic area that is affected by the FAA-mandated airport traffic pattern for the JCIA and defined on the basis of aircraft flight patterns and safety areas. It includes areas that lie adjacent and to the south of Airport Overlay I and is based upon the Aircraft Accident Safety Zone No. 6 contained in the “Airports and Compatible Land Use” publication of the Washington State Department of Transportation’s Aviation Division (2/99), to the extent that Zone No. 6 correlates with the FAA-mandated airport traffic pattern for the JCIA as set forth in the FAA-approved JCIA master plan; and

(3) Airport Overlay III. For the purpose of this section, the Airport Overlay III is that geographic area that has been approved for inclusion in the airport essential public facility district through the Jefferson County Comprehensive Plan text and land use amendment process, or other applicable process, and which the county has determined is appropriate for a limited range of non-aviation-related rural light industrial uses that foster the Port’s ability to assure the long-term financial viability of the AEPF. It is consistent with, and helps to implement, the FAA-approved JCIA master plan, which anticipates non-aviation-related industrial development to the south of the runway areas. [Ord. 11-09 § 2 (Att. B); Ord. 8-06 § 1]

18.15.410 Purpose of Airport Overlay I.

The purpose of the Airport Overlay I is to promote land uses that are compatible with the impacts of aircraft using the JCIA and normal airport operations within the airport environs. Because impacts of low-flying aircraft can lead to pressure to curtail activities at airports, the overlay is intended to protect the JCIA from such pressure, to apprise new property owners and developers on notice of impacts from aircraft over-flights and to protect the public health, safety and general welfare. The following regulations are intended to provide a general environmental disclosure to current and prospective property owners of their proximity to airport operations, including flight take-off and landing patterns, to promote compatible land uses, and to discourage the siting of incompatible uses. They are further intended to discourage the siting of incompatible uses adjacent to the airport, protect the airport as an essential public facility, and preserve the ability of the airport to continue its operations into the future. [Ord. 8-06 § 1]

18.15.415 Disclosure provisions – Airport Overlay I.

(1) Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an Airport Overlay I map and supporting informational materials that identify the parcels located within the overlay. Such information shall also be made available to the public through the county website and the county map database file, and shall be included as a layer in the county GIS. The information made publicly available shall include a general notation substantially stating as follows:

JCIA is a community airport for civil aviation and has been designated an Essential Public Facility by Jefferson County in accordance with the provisions of the Washington State Growth Management Act and the Jefferson County Comprehensive Plan. Properties in the vicinity of the airport may be subject to potential discomforts or inconveniences from noise and vibration associated with aircraft takeoff, landing, over-flight, and normal ground operations at the JCIA site. The County does not consider these inconveniences and/or discomforts arising from such operations to be a nuisance as long as they are consistent with Federal Aviation Administration regulations and standards. It is acknowledged that areas lying outside the fixed boundary of the Airport Overlay I may also be subject to low level noise and vibration. This information is intended only as a disclosure to property owners and potential property owners of their proximity to the JCIA, and the potential for low-level noise associated with airport activities.

(2) The county shall provide general notification to applicants for all development, except Type I permits (e.g., single-family residences), proposed to be sited in Airport Overlay I. The intent of this notification is to inform applicants of their proximity to the airport and the potential for inconveniences and discomforts as described in subsection (1) of this section. Such notification shall be sent to the applicant during the project review phase as identified under JCC 18.40.110.

(3) Project approvals, except Type I permits as listed in JCC 18.40.040, whether permitted outright or conditionally, within the Airport Overlay I shall contain as a condition of approval the following disclosure statement:

Jefferson County has determined that the Jefferson County International Airport (JCIA) is an essential public facility, and as such is an important use in the County. Both the Comprehensive Plan and the Growth Management Act require that the County discourage the siting of incompatible uses in the airport vicinity. The County will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with accepted federal aviation regulations and standards, the Port’s noise abatement procedures and applicable local, state and federal laws. Since this real property lies within the Airport Overlay I (a copy of which is available at the DCD Department and the POPT offices), you may be subject to inconveniences or annoyances including, but not limited to, noise and vibration associated with aircraft takeoff, landing and over-flight, and noise and vibration due to normal ground operations at the JCIA site.

[Ord. 8-06 § 1]

18.15.420 Comment by the Port of Port Townsend.

The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located within the Airport Overlay I. The county shall follow the referral and review requirements as listed in JCC 18.40.120. The county, in its discretion, may also submit for comment development proposals located outside the Airport Overlay I, but in such proximity to JCIA that the county deems appropriate an opportunity to comment by the Port. [Ord. 8-06 § 1]

18.15.425 Nuisance provisions.

The following shall not be considered a nuisance: uses inherent to a general aviation public use airport, including but not limited to on-site and off-site aircraft noise and aircraft take-offs and landings, as well as airport maintenance, operation, construction and expansion activities, conducted in accordance with normal airport operations on land designated as airport essential public facility district (AEPF), regardless of past or future changes in the surrounding area land use or land use designations. [Ord. 8-06 § 1]

18.15.430 Uses prohibited.

The following uses shall be prohibited within the Airport Overlay I:

(1) Co-housing/intentional communities (subject to PRRD Overlay in RR districts);

(2) Manufactured/mobile home parks (subject to PRRD Overlay in RR districts);

(3) Multifamily residential units (plus three units);

(4) Residential care facilities with six to 20 persons;

(5) Nursing/convalescent/assisted living facilities;

(6) Bed and breakfast inns (four to six rooms);

(7) Day care, commercial;

(8) Education facilities (state-owned);

(9) Assembly facilities;

(10) College or technical schools/adult education facilities (not state-owned);

(11) Parks and playfields;

(12) Recreational facilities;

(13) Schools, primary and secondary;

(14) Religious assembly facilities;

(15) Outdoor commercial amusement facilities; and

(16) Recreational, cultural or religious conference center/retreat facilities.

Any parcel or portion(s) of parcels located within the Airport Overlay I shall be subject to the incompatible use prohibitions listed above. Any future changes to the underlying zoning or uses within the Airport Overlay I shall be reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]

18.15.435 Purposes of Airport Overlay II.

The purposes of the Airport Overlay II are to apprise the public, property owners and developers of the existence of the airport traffic pattern and impacts from routine aircraft over-flights, and to identify an airport safety zone within which certain uses that involve higher concentrations of people will be prohibited for safety and compatibility reasons (e.g., uses involving 100 persons or more in buildings). [Ord. 8-06 § 1]

18.15.440 Airport Overlay II Map.

Jefferson County shall, in consultation with the Port of Port Townsend, prepare and maintain an Airport Overlay II map and supporting informational materials that identify the parcels located within the overlay. Such information shall also be made available to the public through the county website and the county map database file, and be included as a layer in the county GIS. The information made publicly available shall include a general notation substantially stating as follows:

The Airport Overlay II includes areas that lie beneath the FAA mandated traffic pattern for aircraft ascending or descending from the JCIA. As such, this area is subject to routine aircraft over-flights. It is acknowledged that areas lying outside the delineated Airport Overlay II zone may also be subject to aircraft over-flights.

[Ord. 8-06 § 1]

18.15.445 Comment by the Port of Port Townsend.

The Port of Port Townsend shall receive notice for all Type II and Type III projects that are located within the Airport Overlay II. The county shall follow the referral and review requirements as listed in JCC 18.40.120. The county, in its discretion, may also submit for comment development proposals located outside the Airport Overlay II, but in such proximity to JCIA that the county deems appropriate an opportunity to comment by the Port. [Ord. 8-06 § 1]

18.15.450 Approval criterion – Conditional use permits.

Prior to approval of conditional use permit for a use located within Airport Overlay II, the administrator and/or hearing examiner shall make the following finding: “The proposed use is compatible with ongoing flight operations conducted at the Jefferson County International Airport Essential Public Facility.” [Ord. 8-06 § 1]

18.15.451 Nuisance provisions.

The following shall not be considered a nuisance: uses inherent to a general aviation public use airport, including but not limited to on-site and off-site aircraft noise and aircraft take-offs and landings, as well as airport maintenance, operation, construction and expansion activities, conducted in accordance with normal airport operations on land designated as airport essential public facility district (AEPF), regardless of past or future changes in the surrounding area land use or land use designations. [Ord. 8-06 § 1]

18.15.452 Prohibited uses.

The following uses shall be prohibited within the Airport Overlay II:

(1) Manufactured/mobile home parks;

(2) Nursing/convalescent/assisted living facilities;

(3) Hospitals (medical, dental, vision and veterinary clinics which comply with the density standards are permissible);

(4) Education facilities (state-owned);

(5) College or technical schools/adult education facilities (not state-owned);

(6) Schools, primary and secondary;

(7) Any proposed use or development which congregates more than 100 people inside of a building or buildings on a subject parcel(s) and/or any use or development which congregates more than 150 people outside of a building or buildings on a subject parcel(s).

Any parcel or portion(s) of parcels located within the Airport Overlay II shall be subject to the incompatible use prohibitions listed above. Any future changes to the underlying zoning or uses within the Airport Overlay II shall be reviewed for incompatibility to the JCIA. [Ord. 8-06 § 1]

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) Permitted, Conditional and Prohibited Uses. Notwithstanding the permitted, conditional and prohibited use limitations set forth in JCC 18.15.1112 through 18.15.1114, the following uses shall be permitted within the Airport Overlay III designation:

(a) Non-aviation-related light industrial/manufacturing.

(4) Development Standards. In addition to the standards for new development in the AEPF district set forth in JCC 18.15.1124 through 18.15.1132, the following provisions shall apply:

(a) Impervious Surface Coverage, Building Dimension and Height Restrictions.

(i) Total impervious surface coverage shall not exceed 25 percent.

(ii) No structure shall exceed 10,000 square feet in size.

(iii) Notwithstanding JCC 18.15.1130, in no instance may structures exceed 35 feet in height.

(b) Vegetation Retention and Perimeter Buffering. Existing vegetation should be maintained to the maximum extent practicable in order to reduce soil erosion, provide habitat for wildlife, screen light industrial uses from view, and maintain the predevelopment hydrologic regime. Additionally, the Port shall maintain a minimum 50-foot-wide buffer along the outer perimeter of each ownership parcel (i.e., not leasehold parcels created through a future binding site plan process) within the overlay to screen industrial uses from view and maintain the unincorporated rural aesthetic values of the locale.

(c) Low Impact Development (LID). Development occurring within the Airport Overlay III shall incorporate low impact development practices to the maximum extent feasible. The most recent edition of the Low Impact Development Technical Guidance Manual for Puget Sound (May 2005), developed by the Puget Sound Action Team in collaboration with the Washington State Department of Ecology, shall be used as a primary source by the county in reviewing and mitigating development occurring within the overlay district. [Ord. 11-09 § 2 (Att. B)]

Article VI-L. Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area

18.15.455 Applicability – Intent.

The remote rural (RR) overlay district encompasses two distinct subareas of the county; the first is the area designated as “West Jefferson County” (hereafter, West End Planning Area or WEPA) on the Jefferson County Comprehensive Plan Land Use Map (the official map); and the second is Planning Area 11, known as the Brinnon Planning Area or BRPA in south Jefferson County. The BRPA is designated in the Brinnon Subarea Plan (see JCC 18.15.580). The specific provisions for regulating home business, cottage industry, and small-scale recreation and tourist uses in the WEPA and BRPA RR overlay districts are similar but not identical. Notation is made in the following sections where the provisions differ.

The intent of this designation is to allow for expanded rural-compatible employment opportunities in sparsely populated rural areas that are isolated and remotely located from commercial and urban growth areas. These areas are characterized by high unemployment, distressed traditional resource-based economies, low residential densities, and very limited projected 20-year population growth. [Ord. 8-06 § 1]

18.15.460 Home-based businesses.

In the RR overlay districts, home-based businesses shall be regulated according to the following provisions:

(1) Home-based businesses in the WEPA RR overlay shall be exempt from the following provisions of Chapter 18.20 JCC, Performance and Use-Specific Standards:

(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.200;

(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200;

(c) The hours of operation as specified in JCC 18.20.200;

(d) The expansion limitations of the home-based business as specified in JCC 18.20.200. Instead, home-based businesses in the WEPA RR overlay may be permitted conditionally at a nonresidential location under provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated small-scale businesses.

(2) Home-based businesses in the BRPA RR overlay district shall be exempt from the following provisions of Chapter 18.20 JCC, Performance and Use-Specific Standards:

(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.200. Instead, the number of nonresident employees allowed is eight and a number exceeding eight may be allowed with a conditional use permit;

(b) The types of on-site retail sales allowed pursuant to JCC 18.20.200; provided, that on-site retail sales are not unreasonably disruptive to the use of adjacent properties (per subsection (3)(a) of this section);

(c) The hours of operation as specified in JCC 18.20.200.

(3) Exemptions allowed under this section shall be regulated according to the following standard:

(a) The home-based businesses shall not be disruptive to the use of adjacent properties and no equipment or process shall be used in the home-based business which creates excessive noise, vibration, glare, fumes, odors, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property.

(4) Any public hearings associated with requirements under this section shall be held in the local area, close to the residents who may be affected. [Ord. 8-06 § 1]

18.15.465 Cottage industries.

In the RR overlay districts, cottage industries shall be regulated according to the following provisions:

(1) Cottage industries in the WEPA RR overlay shall be exempt from the following provisions of Chapter 18.20 JCC, Performance and Use-Specific Standards:

(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.170;

(b) The prohibition on specific occupations named in JCC 18.20.170;

(c) The indoor use and retail sales provisions of JCC 18.20.170;

(d) The hours of operation as specified in JCC 18.20.170;

(e) The outdoor storage/parking provisions of JCC 18.20.170;

(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead, cottage industries in the WEPA RR overlay may be permitted conditionally at a nonresidential location under provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated cottage industries.

(2) Cottage industries in the BRPA RR overlay shall be exempt from the following provisions of Chapter 18.20 JCC, Performance and Use-Specific Standards:

(a) The number of nonresident employees permitted pursuant to the requirements of JCC 18.20.170. Instead, the number of nonresident employees allowed is four and a number exceeding four may be allowed through a new or revised conditional use permit;

(b) The prohibition on specific occupations named in JCC 18.20.170;

(c) The indoor use and retail sales provisions of JCC 18.20.170; provided, that on-site retail sales are not unreasonably disruptive to the use of adjacent properties (per subsection (3)(a) of this section);

(d) The hours of operation as specified in JCC 18.20.170;

(e) The outdoor storage/parking provisions of JCC 18.20.170;

(f) The restrictions on expansion of a cottage industry as specified in JCC 18.20.170. Instead, cottage industries in the BRPA RR overlay may be permitted conditionally under provisions of RCW 36.70A.070(5)(d)(iii), which relate to the siting of isolated cottage industries.

(3) Exemptions allowed under this section shall be regulated according to the following standard:

(a) The cottage industry shall not be disruptive to the use of adjacent properties and no equipment or process shall be used in the cottage industry which creates excessive noise, vibration, glare, fumes, odors, or electrical interference to the detriment of the quiet use and enjoyment of adjoining property.

(4) Any public hearings associated with requirements under this article shall be held in the local area close to the residents who may be affected. [Ord. 8-06 § 1]

18.15.470 Small-scale recreational and tourist uses.

In the WEPA RR overlay only, small-scale recreation and tourist uses shall be regulated according to the following provisions:

(1) The list of illustrative small-scale recreation and tourist uses, as defined in Chapter 18.20 JCC, Performance and Use-Specific Standards, shall be interpreted to include the following additional uses in the West End only:

(a) Small-scale grocery, convenience or general stores and shops or offices that provide basic goods and/or personal and professional services to meet the needs of the local population. Buildings containing such uses shall not exceed 5,000 square feet of gross floor area and shall be subject to all performance standards required pursuant to JCC 18.20.140, Commercial Uses – Standards for site development, and the development standards contained in Chapter 18.30 JCC.

(b) The small-scale recreational and tourist uses specified in this section shall be regulated as conditional uses subject to the provisions of this code. Any public hearings associated with requirements under this section shall be held in the West End close to the residents who may be affected. [Ord. 8-06 § 1]

Article VI-M. Planned Rural Residential Developments (PRRDs)

18.15.475 Purpose.

The purpose of this Article VI-M is to implement the Jefferson County Comprehensive Plan by promoting creativity in site layout and design, allowing flexibility in the application of the standards for residential development in rural residential and agricultural districts. This article provides performance criteria to encourage flexibility in the type and design of rural residential housing available to the public through the planned rural residential development (PRRD) process. More specifically, it is the purpose of this article to:

(1) Provide for residential development in rural areas in a way that maintains or enhances the county’s rural character;

(2) Allow development of land with physical constraints, while at the same time preserving the natural characteristics of the site, including topography, native vegetation, wildlife habitat, environmentally sensitive areas, and other natural amenities of value to the community;

(3) Retain large, undivided parcels of land that provide opportunities for compatible agricultural and other rural land uses;

(4) Facilitate the creation of open space corridors for recreation and aesthetic enjoyment;

(5) Permit developers to use innovative methods and approaches not available under conventional zoning methods to facilitate the construction of a variety of housing types and densities serving the diverse housing needs of Jefferson County residents; and

(6) Provide for the economical provision of infrastructure to new development by allowing choices in the layout of roads, provision of community water and wastewater disposal systems and other improvements through superior site design and the use of clustering. [Ord. 8-06 § 1]

18.15.480 Applicability.

(1) This Article VI-M shall apply to all permitted uses within all rural residential and agricultural districts (i.e., RR 1:5, RR 1:10, RR 1:20, AP-20, and AL-20) and constitutes an overlay district (i.e., floating zone) over these districts. This article may be applied to existing subdivisions and lots of record on which no development has yet occurred, or where adequate vacant land exists within an existing development to meet the criteria contained within this article.

(2) The PRRD process provides an alternative to traditional development under the prescriptive standards of this code. This article shall not be applied to rural residential or agricultural lots incapable of further subdivision due to minimum lot size, or as a means to avoid other procedures more appropriately reviewed as variance applications under Article IX of Chapter 18.40 JCC.

(3) A PRRD application must be processed with either an application for short subdivision, long subdivision, or binding site plan approval under Chapter 18.35 JCC. The function of this article is to allow more innovative ways of designing land divisions, enabling applicants to take advantage of incentives, including flexible density and dimensional standards, modification of other requirements of the county’s development standards contained in this code, and density bonuses in appropriate situations in exchange for demonstrated benefits to the public interest. [Ord. 8-06 § 1]

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.

(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, environmentally sensitive 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. 8-06 § 1]

18.15.490 Rural residential districts – Reserve tract requirements.

(1) Each PRRD within the RR 1:5, RR 1:10 and RR 1:20 districts shall contain a reserve tract(s) comprising at a minimum the following percentage of the proposed PRRD:

(a) RR 1:5 – 65 percent;

(b) RR 1:10 – 75 percent; and

(c) RR 1:20 – 85 percent.

(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land trust, individual or other legal entity. The reserve tract shall be preserved as open space in perpetuity.

(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD may be located within the limits of the reserve tract(s).

(4) Golf courses and accessory uses may be permitted upon a reserve tract without issuance of a separate conditional use permit under Chapter 18.40 JCC, if application for such uses accompanies the same application for initial PRRD approval. [Ord. 8-06 § 1]

18.15.495 Agricultural districts – Reserve tract requirements.

(1) Each PRRD within the agricultural districts shall contain a reserve tract(s) comprising at a minimum the following percentage of the proposed PRRD: 85 percent with emphasis on preserving land with prime agricultural soils for the practice of agriculture.

(2) The reserve tract(s) may be owned by a homeowners association, corporation, partnership, land trust, individual or other legal entity.

(3) Community water systems, septic drainfields and stormwater detention facilities serving the PRRD may be located within the limits of the reserve tract(s) only when they would not significantly impede the current or potential future resource use of the reserve tract(s).

(4) Permitted uses within the reserve tract shall be limited to agriculture, floriculture, horticulture, general farming, dairy, the raising, feeding and sale or production for poultry, livestock, fur-bearing animals, or honey bees, Christmas trees, nursery stock and floral vegetation, and other agricultural uses and activities accessory to farming and animal husbandry. These limitations on use of the reserve tract shall be noted on the face of the plat or binding site plan.

(5) An existing residence within the limits of the reserve tract shall count toward the total number of residential units allowed in the PRRD. [Ord. 8-06 § 1]

18.15.500 Agricultural districts – Development setbacks from reserve tract(s).

Repealed by Ord. 6-04. [Ord. 11-00 § 3.6.13(6)]

18.15.505 Application submittal and contents.

To be considered complete, an application for a PRRD shall include the following information:

(1) The application for approval of a PRRD shall be submitted to the department of community development on forms to be provided by the department along with the appropriate fees established under the Jefferson County fee ordinance;

(2) A completed land use permit application form, including all materials required in accordance with Chapter 18.40 JCC;

(3) Five copies of a PRRD site plan prepared in accordance with the following requirements:

(a) The dimensions and area of each proposed lot, tract or parcel (including any reserve tract(s)) to accurately show that the property proposed for the PRRD contains sufficient area to allow the number of lots, tracts or parcels proposed without exceeding the average density allowed in the underlying zoning district. Where a density bonus is requested under JCC 18.15.520, the average density allowed in the underlying district may be exceeded by up to 20 percent of the allowed density for that district and an additional 20 percent for the area in the reserve tract that are designated critical areas. An additional bonus may be granted for the buffer area(s) associated with environmentally sensitive or critical areas that are included within the reserve tract, the bonus shall not exceed 20 percent of the allowed density in the buffer area; and provided further, that the area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the area computations;

(b) The PRRD plan drawing shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The PRRD plan shall be consolidated with any plan or plat submitted under Chapter 18.35 JCC. The preparer shall certify in the plan submitted that it is a true and correct representation of the lands actually surveyed. The preparation of the plan shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. The plan drawing shall have minimum dimensions of 18 inches by 24 inches and contain all information required in Article IV of Chapter 18.35 JCC for long subdivisions of property;

(c) If the applicant proposes a site design providing for a variety of separate residential areas or densities within a site, the site plan shall include a table providing the following information for each distinct area:

(i) The proposed residential use type in each area (e.g., detached single-family, duplexes, or multifamily);

(ii) The number of dwelling units;

(iii) Gross acreage; and

(iv) The approximate area of the smallest proposed lot;

(d) A form of the endorsement of the DCD administrator, as follows:

APPROVED BY JEFFERSON COUNTY

________________________    ______
Department of Community Date
Development Director

(4) Where applicable, any special reports or studies required pursuant to Article VI-D of this chapter prepared in accordance with the requirements of Article VI-J of this chapter;

(5) The applicant shall supply a narrative statement substantiating how the proposed development will be superior to or more innovative than conventional development under this code. The statement shall also substantiate how the proposed PRRD will provide a benefit to the public beyond that available through conventional development. The applicant shall specifically identify all requirements and criteria of this Unified Development Code proposed for modification;

(6) The applicant shall supply completed information and materials for all other permit and development applications required under this code consolidated with the PRRD application;

(7) A conceptual landscaping plan shall be prepared, showing the proposed location and types of proposed vegetation;

(8) Building profiles if the PRRD proposes multifamily residential development; and

(9) Any additional information required by the DCD administrator and/or the director of the department of public works. [Ord. 8-06 § 1]

18.15.510 Consolidated applications.

Where applicable, and in addition to the requirements set forth in JCC 18.15.480(3), applications for boundary line adjustments, conditional use permits or any other action requiring issuance of a permit under this code shall be considered simultaneously with a PRRD application. [Ord. 8-06 § 1]

18.15.515 Incentives – Innovative development proposals.

(1) Purpose.

(a) More efficient use can be made of land, energy and resources and more livable development can be achieved when the designer has flexibility in residential dwelling unit types, placement and density. Such flexibility can be achieved while safeguarding the public interest by review of the proposed PRRD plan that shows the type and placement of residential structures.

(b) It is intended that innovative residential development encourage imaginative design to achieve these purposes. Therefore, incentive and flexibility may be allowed such as clustered housing and bonus densities, lot size averaging, zero lot lines, condominium development, and mixed residential types. The hearing examiner may approve the use of these tools as provided in this section as deemed reasonable and warranted by the excellence of the resulting design and its benefits to the community.

(2) Techniques.

(a) Clustered Housing. When residences are clustered in design groups in a PRRD with common open space, the clustered housing may, in lieu of the zone restrictions, be designed with building locations, lot sizes, and/or yards standards as prescribed on the plat or on plans for the PRRD approved by the county.

(b) Density Bonuses. When a plat, PRRD or other instrument is submitted under this Article VI-M, and is of sufficient excellence in design and planning, a higher density may be allowed therein in accordance with JCC 18.15.520.

(c) Lot Size Averaging. Lot area may be varied. Except as allowed under JCC 18.15.520, the combined area of all lots and reserve tracts in the PRRD shall be equal to the density of lot size allowed in the zone where located.

(d) Flexible Yards. Except as required under JCC 18.15.500 yards may be reduced to zero, provided the structures are shown on the plat or PRRD and a 10-foot access for maintenance is given by yard and/or easement along each outside wall.

(e) Residential Types. To achieve the most efficient use and conservation of land, energy, resources, view and terrain, mixed residential types may be designated and allowed in innovative PRRDs as prescribed in this section.

(3) Buyer Notification. The PRRD plan shall note that the residences thereon constitute an innovative residential development and must be constructed as shown on the PRRD plan. Building permits may be issued only for structure types and placements as shown on the PRRD plan. Sales agreements and titles for land and residences sold in innovative residential developments shall note this restriction. [Ord. 8-06 § 1]

18.15.520 Modification of permitted densities – Density bonuses.

(1) Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to encourage the development of more affordable housing, provide additional public amenities, or preserve valuable natural or cultural resources and features. The satisfaction of any of the bonus density criteria specified in subsection (4) of this section is considered to be in the public interest and worthy of a bonus density.

(2) Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review and approval by the hearing examiner after a public hearing. Such bonus densities may be granted to a deserving application if the PRRD plan submitted is judged by the hearing examiner to have achieved one or more of the bonus density criteria in subsection (4) of this section.

(3) Maximum Bonus Density. In addition to criteria provided in this Article VI-M, the density shall be compatible with the site’s natural constraints and the character and density of the surrounding area.

(4) Criteria for Approval of Bonus Densities. Upon submittal of the PRRD application, the hearing examiner shall review the proposed project and with respect to the allocation of bonus densities for the project. The allocation of bonus densities should be based upon a comprehensive review of the entire project. It is the intention of this section to allow bonus densities where a PRRD applicant proposes design attributes providing public benefits in addition to those required by local, state or federal land use, health, or environmental regulations. Bonus densities shall not be allowed for site design proposal that merely reflect mandatory requirements of local, state and federal codes or regulations. Consideration shall be given to, but not necessarily limited to, the following criteria:

(a) Preservation of Natural, Historical and Cultural Features. Items for consideration under this criterion include the preservation and minimum disturbance of natural features and wildlife habitat; preservation of unique historical or cultural features; preservation of open space; and preservation of scenic resources.

(b) Public Service and Facility Availability. Items for consideration under this criterion include the provision of public park or other public facilities and/or sites; bicycle and pedestrian pathway systems; public transit access to the site; and special site design for special needs residents.

(c) Energy Efficiency. Items for consideration under this criterion include preservation of solar access; south orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks and shading; common wall construction; the use of solar energy systems either passive or active for heating and/or cooling; energy conserving design of roadways and other structures; and higher insulation levels.

(d) Public Recreation Facilities. Items for consideration under this criterion include provision for public recreational features such as active play areas, passive open space areas, golf courses, and bicycle and pedestrian pathway systems.

(e) Environmental Design. Items for consideration under this criterion include on-site designs providing regional benefits, including drainage control using natural drainage and landscaped drainage retention facilities; flood control measures, particularly those measures serving regional needs; significant public access provided to designated potential open space or park areas, shoreline areas, trails, scenic sites and viewpoints; provision for substantial and exceptional landscape treatment; preservation of habitat identified for threatened and endangered species; and the use of recycled materials and resource conserving designs.

(f) Affordable Housing. Items for consideration under this criterion include the provision of a mix of housing types, use of townhouses or other common wall construction techniques directed toward providing a reasonable mix or diversity of bona fide affordable housing opportunities for the community. For the purposes of this section, and consistent with Policy No. 6 of the County-Wide Planning Policy for Jefferson County, “affordable housing” means 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; with costs, including utilities, that do not exceed 36 percent of gross income. Bonus densities will also be allowed for projects providing low-income housing in market rate developments. In such developments and other developments seeking bonus densities for the provision of low-income hosing opportunities, the amount of bonus will be linked to the level of affordability (i.e., the lower the cost or rental rate per unit, the greater the bonus afforded to the development). Density bonuses for low-income housing projects will be granted only where all of the following conditions are satisfied:

(i) The developer must agree to sell or rent the units to qualifying residents (i.e., only low-income and very low-income households);

(ii) The developer must ensure the continued affordability of the units by qualified residents for a minimum of 20 years through the use of restrictive covenants or other deed restrictions approved by the county; and

(iii) The units must be of an innovative design and compatible with the existing character of the surrounding area, with adequate assurances that such design and compatibility will be maintained throughout the 20-year period.

(g) Provision of Innovative Design. Items for consideration under this criterion include the provision of innovative design elements similar to, but not limited to, those described in JCC 18.15.515(2).

(h) Other suitable items believed by the county to be worthy of consideration may also be included as bonus density criteria. [Ord. 8-06 § 1]

18.15.525 Modification of development standards.

(1) The following development standards may be modified in approving a PRRD application:

(a) Building setbacks;

(b) Height of buildings or structures, not to exceed 40 feet;

(c) Lot size;

(d) Lot width; and any other standards contained in Chapter 18.30 JCC.

(2) Standards that may not be modified or altered are:

(a) Shoreline regulations when the property is located in an area under the jurisdiction of the Jefferson County Shoreline Master Program;

(b) Standards pertaining to development within environmentally sensitive areas as set forth in Articles VI-D through VI-J of this chapter;

(c) Regulations pertaining to nonconforming legal structures and uses as set forth in JCC 18.20.260; and

(d) Regulatory standards and requirements of the Jefferson County health department, Washington State Department of Health, and Washington State Department of Ecology pertaining to the provision of potable water and wastewater disposal.

(3) Criteria for Approval of Alternative Development Standards. Approval of alternative development standards for PRRDs differs from the variance procedure described in Article IX of Chapter 18.40 JCC in that rather than being based upon hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a PRRD shall be based upon the criteria listed in this Article VI-M. In evaluating a planned development that proposes to modify the development standards of the underlying zoning district, the hearing examiner shall consider and base its findings upon the ability of the proposal to satisfy the following criteria:

(a) The proposed PRRD shall be compatible with surrounding properties, especially as relates to the following:

(i) Landscaping and buffering;

(ii) Public safety;

(iii) Site access and circulation;

(iv) Architectural design of building and harmonious use of materials;

(b) The unique characteristics of the subject property;

(c) The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the PRRD;

(d) Visual impact of the PRRD upon the surrounding area;

(e) Improvements proposed in connection with the PRRD;

(f) Preservation of unique natural features of the property; and

(g) The public benefit derived by allowing the proposed alteration of development standards. [Ord. 8-06 § 1]

18.15.530 Preliminary PRRD approval criteria.

The following criteria are the minimum measures by which each proposed PRRD will be considered:

(1) PRRDs shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the hearing examiner that all of the following have been satisfied:

(a) The proposed PRRD conforms to:

(i) The Jefferson County Comprehensive Plan;

(ii) All provisions of this code that are not proposed for modification; and

(iii) Any other provisions of local, state or federal regulations, policies or plans, except those standards proposed for modification;

(b) Utilities and other public and private services necessary to serve the needs of the PRRD shall be made available, including:

(i) Open spaces;

(ii) Drainage ways;

(iii) Roads and other public ways;

(iv) Potable water;

(v) Transit facilities;

(vi) Wastewater disposal;

(vii) Parks and playgrounds;

(viii) Schools; and

(ix) 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 PRRD, together with any practical means of mitigating such adverse impacts, have been considered and a determination issued that such adverse impacts can be mitigated in accordance with Article X of Chapter 18.40 JCC and the State Environmental Policy Act (SEPA), Chapter 43.21C RCW;

(d) Approving the proposed PRRD will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare;

(e) The proposed PRRD satisfies the criteria set forth in this Article VI-M, as applicable; and

(f) The proposed PRRD will be superior to or more innovative than conventional development and will provide greater public benefit than that which would be available through the use of conventional zoning and/or development standards.

(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 PRRD may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed PRRD lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the county shall not approve the PRRD 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 one percent flood hazard area; and

(b) It imposes a condition requiring the applicant to comply with Article VI-F of this chapter and any written recommendations of the Washington State Department of Ecology. In such cases, the administrator shall issue no development permit associated with the proposed PRRD until flood control problems have been resolved.

(3) Preliminary approval of a PRRD does not constitute approval to obtain any building permits or begin construction of the project. [Ord. 8-06 § 1]

18.15.535 PRRD review and approval process.

(1) An application for preliminary PRRD approval shall be processed according to the procedures for Type III decisions established in Chapter 18.40 JCC.

(2) A PRRD consolidated with a short subdivision application shall be reviewed for compliance with all standards and criteria set forth in Article III of Chapter 18.35 JCC.

(3) A PRRD consolidated with a long subdivision application shall be reviewed for compliance with all standards and criteria set forth in Article IV of Chapter 18.35 JCC.

(4) A PRRD consolidated with a binding site plan application shall be reviewed for compliance with all standards and criteria set forth in Article V of Chapter 18.35 JCC.

(5) In addition to review under all requirements of Chapter 18.35 JCC, based on comments from county departments and applicable agencies, the hearing examiner shall review the proposal subject to the criteria contained in this Article VI-M, and shall approve any such proposal only when consistent with all the provisions of this article. [Ord. 8-06 § 1]

18.15.540 Performance guarantees – PRRD agreements.

To ensure that the development is carried out in accordance with the proposed design and the conditions of project approval, prior to final approval, the hearing examiner shall require that the applicant enter into written agreement with the county, which agreement shall constitute CC&Rs binding upon all future purchasers, tenants and occupants of the PRRD. Recordation of a signed PRRD agreement shall be a precondition to final approval of the PRRD. The PRRD agreement may include as applicable, and without limitation, the following:

(1) An adequate guarantee providing for the permanent preservation, retention and maintenance of all reserve tracts (i.e., open space or agricultural) or public areas;

(2) Where a reserve tract(s) is to be protected against building development, the applicant shall convey to the county an easement over such areas restricting the area against any future building or use except as consistent with providing open space for the aesthetic and recreational enjoyment of the surrounding residences, or providing an area permanently reserved for agricultural uses, as applicable;

(3) The care and maintenance of reserve tracts shall be assured by establishment of an appropriate management organization for the project;

(4) Ownership and tax liability of any reserve tract(s) shall be established in a manner acceptable to the county; and

(5) Where bonus densities are obtained for low-income housing development, the applicant shall provide an assurance that the low-income housing will be maintained on the property for not less than 20 years and that project design and measures to ensure compatibility with adjacent land uses shall be maintained throughout the 20-year term. [Ord. 8-06 § 1]

18.15.545 Modifications to an approved PRRD.

(1) Modifications to a previously approved preliminary PRRD may be requested by the applicant and approved by the director 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 building site 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) Increase the residential density;

(b) Reduce the area of a reserve tract;

(c) Relocate a reserve tract in a manner that makes it less accessible or usable as open space or agricultural land, as applicable;

(d) Change the point(s) of access to different roads;

(e) Increase the total ground area covered by building or other impervious surfaces; or

(f) Fail to preserve unique natural features that were required to be preserved by the preliminary PRRD approval.

(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 PRRD application. [Ord. 8-06 § 1]

18.15.550 Building and occupancy permit – Issuance after final PRRD 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 PRRD 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 PRRD until either:

(a) All required improvements that will serve the subject lot or parcel have been constructed and the county has accepted properly executed documents for such improvements; or

(b) All required improvements have been bonded or otherwise guaranteed; or

(c) An improvement bond in an amount adequate, in the determination of the director of the department of public works, to guarantee construction of those required public improvements necessary to serve the lot or parcel or which a building permit is sought has been accepted by the county.

(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 PRRD 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]

18.15.555 Final PRRD plan requirements.

(1) The applicant must submit a reproducible copy of the proposed final PRRD plan to the administrator of the department of community development.

(2) Where a PRRD is consolidated with a short subdivision or long subdivision, the applicant shall submit all information required for submittal under Article III (Short Subdivisions) or Article IV (Long Subdivisions) of Chapter 18.35 JCC, as applicable.

(3) Where a PRRD is consolidated with a binding site plan application, the applicant shall submit all information required for submittal under Article V of Chapter 18.35 JCC, as applicable.

(4) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a PRRD, a typewritten copy of such covenants, bearing all necessary signatures, shall be submitted along with the final PRRD. Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of PRRD approval, the DCD director shall approve and sign the deed restriction or CC&Rs prior to final approval. The CC&Rs shall clearly delineate the provisions that the hearing examiner has imposed as a condition of PRRD approval and those provisions voluntarily imposed by the applicant/declarant for private purposes. The CC&Rs shall specifically provide that the county will not enforce any private CC&R provisions.

(5) The final PRRD plan shall be accompanied by a current (within 30 days) title company certification of:

(a) The legal description of the total parcel subject to the application;

(b) Those individuals or corporations holding an ownership interest and any security interest (e.g., deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plan prior to final approval;

(c) Any lands to be dedicated to the county shall be conformed as being owned in fee title by the owner(s) signing the dedication certificate;

(d) Any easements or restrictions affecting the property 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 proposal, an American Land Title Association title policy may be required by the director of the department of public works.

(6) The applicant shall submit for final approval any PRRD agreement that may be required in conformance with JCC 18.15.540.

(7) The final PRRD plan shall be processed as a Type IV application as set forth in Chapter 18.40 JCC, and shall be approved by the board of county commissioners upon satisfaction of all conditions of approval and all requirements as provided in this Article VI-M. [Ord. 8-06 § 1]

18.15.560 Time limitations on final PRRD submittal.

Approval of a preliminary PRRD shall expire unless the applicant submits a proposed final PRRD with all supporting documents in property form for final approval within five years after preliminary approval. [Ord. 8-06 § 1]

18.15.565 Extinguishment of preliminary planned unit developments approved prior to UDC adoption.

The applicant or owner of a property subject to a planned unit development preliminarily approved prior to the initial adoption date of this Unified Development Code (UDC) shall obtain all permits for the development of the site within two years of the initial adoption of the ordinance codified in this code. If the applicant fails to obtain all permits within two years, the approval shall be extinguished, and no site development permits shall be issued until the applicant files an application and obtains approval for a PRRD in accordance with this Article VI-M. [Ord. 8-06 § 1]

18.15.570 Filing of final PRRD plan.

Upon review and approval of a final PRRD, the DCD administrator shall return the original to the applicant for recording. The final PRRD plan shall be filed in accordance with the applicable procedures provided in Chapter 18.35 JCC. [Ord. 8-06 § 1]

Article VI-N. Forest Transition Overlay District (FTO)

18.15.571 Forest transition overlay (FTO) district.

(1) Purpose. The purpose and intent of this section is to provide a mechanism for designation of forest transition (FTO) lands and to provide development standards within the FTO overlay district in order to promote the continued viability of resource-based activities in rural areas and minimize the potential for conflict and incompatibility among these uses and adjacent residential uses. The development standards in this section, coupled with existing development standards in this code, are intended to achieve compatibility through implementation of performance criteria that will ensure adequate resource protection perimeter buffers, while maintaining the rural character and preserving environmentally sensitive areas.

(2) Applicability.

(a) “Forest transition overlay (FTO)” is a rural lands category established under the Comprehensive Plan. The FTO designation does not automatically attach to any lands within the county. An owner of forest resource lands, meeting the criteria set forth in subsection (3) of this section, may apply for designation. All lands designated FTO shall be subject to the requirements and criteria of this section.

(b) An FTO application must be processed with an application for short subdivision, long subdivision, or binding site plan approval under Chapter 18.35 JCC. Long subdivisions or binding site plans must also be coupled with a planned rural residential development (PRRD) application. The PRRD process provides increased flexibility and creativity in site layout and design and a better opportunity to create a viable transition between higher density rural residential uses and forest resource uses.

(3) Criteria for Designation. Only those forest resource lands that meet the following criteria are eligible for FTO designation:

(a) The parcel must be designated commercial forest (CF-80) or rural forest (RF-40);

(b) The parcel, as it existed at the time of Comprehensive Plan adoption on August 28, 1998, must abut land characterized by pre-platted lots of a density greater than or equal to one dwelling unit per acre on 25 percent of the total perimeter of the parcel boundary lines. Forest land parcels separated from lots by a public right-of-way shall not be considered abutting;

(c) The minimum parcel size shall be 10 gross acres; and

(d) The maximum parcel size shall be 225 gross acres.

(4) Allowable and Prohibited Uses. Allowable and prohibited uses within the FTO overlay district shall be the same as those allowed and prohibited in the rural residential one du/five acres (RR 1:5) district as specified in Table 3-1 in JCC 18.15.040. All uses must comply with any applicable performance standards in Chapter 18.20 JCC and development standards in Chapter 18.30 JCC.

(5) Protection Standards.

(a) General. All permit development applications on a parcel of land designated FTO shall be included in the FTO overlay district and shall adhere to the requirements set forth in this section.

(b) Resource Protection Perimeter Buffers. Within the FTO overlay district, each parcel shall be required to create a resource protection perimeter buffer along common boundaries with designated forest resource lands.

(i) There shall be established and maintained a resource protection perimeter buffer of 250 feet in width along common boundaries with designated forest resource lands.

(ii) Resource protection perimeter buffers shall be retained in their natural condition, except where removal of vegetation is approved to enhance views or provide access or utilities.

(iii) Resource protection perimeter buffers shall be marked with permanent signs at an interval of every 200 feet. Signs shall remain permanently and shall be in place prior to and during approved construction activities. The signs shall contain the following statement: “Resource Protection Buffer – Do Not Remove Or Alter Existing Native Vegetation – For Further Information Contact the Jefferson County Department of Community Development.”

(iv) The landowner shall be required to dedicate the resource protection buffer as a permanent open space tract on all final development permits, plats, or site plans.

(v) The landowner shall be required to include a notation on all final development permits, plats or site plans that includes the following notation:

Forest Transition Overlay. The land comprising this development is designated forest transition overlay and subject to the requirements of the forest transition overlay district, contained in JCC 18.15.571. All development activities are subject to, and must be undertaken in compliance with, the requirements and protective standards set forth in the unified development code.

(c) Additional PRRD Standards. In addition to the provisions of Article VI-M of this chapter, the following development standards shall apply to PRRDs within the FTO overlay district:

(i) Parcels within the FTO overlay district shall be deemed RR 1:5 for purposes of Article VI-M of this chapter. All standards, requirements, and criteria applicable to land designated RR 1:5 shall be applicable to land within the FTO overlay district.

(ii) Where reasonably feasible, the reserve tracts required by JCC 18.15.490 shall be situated along common boundaries with designated forest resource lands to enhance the size of resource protection perimeter buffers and minimize the potential for future conflicts and incompatibility.

(iii) Applicants are encouraged to design PRRDs within the FTO overlay district that include innovative ways to reduce the potential for conflict and incompatibility between forestry land uses and rural residential lands uses, maintain the predominant rural character, preserve scenic views and environmentally sensitive areas, and enhance the aesthetic benefits to the public by harmonizing the development with the topography and landscape features of the land.

(d) Compliance with Other Overlay District Requirements. All permits and development applications shall comply with the requirements of all other applicable overlay districts as set forth in Article VI of this chapter.

(6) Application Submittal and Contents. To be considered complete, an FTO application shall include the following information:

(a) The FTO application shall be submitted to the department of community development (DCD) on forms to be provided by DCD along with appropriate fees established under the Jefferson County fee ordinance;

(b) A completed land use application form, including all materials required in accordance with Chapter 18.40 JCC;

(c) The applicant shall supply completed information and materials for all other permit and development applications required under this code consolidated with the PRRD application, if applicable;

(d) Where applicable, and special reports or studies required pursuant to Article VI-D of this chapter, prepared in accordance with the requirements of Article VI-J of this chapter;

(e) The applicant shall supply a narrative statement substantiating how the proposed development will provide a benefit to the public in reducing the potential conflict and incompatibility among abutting properties designated forest lands; and

(f) Any additional information required by the DCD administrator and/or the director of the department of public works.

(7) Preliminary FTO Approval Criteria.

(a) An FTO application shall be processed according to the procedures for a Type II decision established in Chapter 18.40 JCC.

(b) An FTO application shall be given preliminary approval upon a finding by the DCD administrator that the parcel(s) subject to the FTO application satisfy the criteria set forth in subsection (3) of this section, and that the FTO application is complete in accordance with the requirements set forth in subsection (6) of this section.

(8) Final FTO Designation. The FTO designation shall become effective upon final short subdivision, long subdivision, binding site plan and, if applicable, PRRD approval.

(9) Time Limitations on Final FTO Approval. Preliminary FTO approval shall expire unless the applicant obtains final short subdivision, long subdivision, binding site plan and, if applicable, PRRD approval within the time limits applicable to the particular development application(s). [Ord. 8-06 § 1]

Article VI-O. Small-Scale Recreation and Tourist (SRT) Overlay District

18.15.572 Small-scale recreation and tourist (SRT) overlay district.

(1) Purpose. The purpose of this section is to implement the Brinnon Subarea Plan, a chapter of the Jefferson County Comprehensive Plan, by establishing a small-scale recreation and tourist (SRT) overlay district at WaWa Point. The intent of this section is to encourage small-scale recreation and tourist development consistent with the needs, scale and rural character of the Brinnon Planning Area and in compliance with the provisions of RCW 36.70A.070. This section provides for certain exemptions, review criteria and other requirements to encourage compatible rural economic development in the Brinnon Planning Area. The provisions of this section allow for flexible application of the SRT standards to recognize the unique economic development characteristics and needs of this remote rural area.

(2) Applicability. This section shall apply to all small-scale recreation and tourist uses identified in Table 3-1 in JCC 18.15.040 and subject to the performance standards identified in JCC 18.20.350. The WaWa Point SRT overlay district shall encompass those areas within the Brinnon Planning Area identified on Figure BR-9 of the Brinnon Subarea Plan. The provisions of this section constitute an overlay district (i.e., floating zone) over the underlying rural residential districts at WaWa Point. All other provisions of this unified development code shall apply to such uses in the SRT overlay district unless otherwise exempted by this section.

(3) Small-Scale and Recreational Tourist Uses. In the WaWa Point SRT overlay district, small-scale recreation and tourist uses shall be regulated according to the following provisions:

(a) The list of illustrative small-scale recreation and tourist uses in rural residential districts, as defined in Table 3-1 in JCC 18.15.040, and Chapter 18.20 JCC, Performance and Use-Specific Standards, shall be classified as Type II permit uses within the SRT overlay district only unless otherwise classified by this section.

(b) Outdoor commercial amusement facilities, outdoor shooting ranges, and off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational uses shall be prohibited within the SRT overlay.

(c) Unnamed uses, if classified as an SRT by the administrator, consistent with the requirements of JCC 18.20.350(2), shall be treated as “Cd” (conditional discretionary) uses within the SRT overlay.

(d) All allowed uses within the SRT overlay shall be exempt from the general minimum lot size requirements of JCC 18.20.350(3)(b), provided they are located on legal lots of record. However, other use-specific minimum lot size requirements of JCC 18.20.350 shall apply unless otherwise exempted by this section.

(e) The use-specific minimum lot size requirements of JCC 18.20.350 for equestrian centers, conference center/retreat facilities, and for rural recreational lodging shall not apply to such uses when located within the SRT overlay.

(f) All allowed uses within the SRT overlay shall have a site plan approved by the administrator consistent with the requirements of the UDC generally and JCC 18.20.350(3)(j) specifically.

(g) Setbacks and other development standards shall be consistent with those required in the underlying rural residential district, except as may be modified by JCC 18.20.350 or by the provisions of this section.

(h) Expansion of existing SRT uses and facilities within the SRT overlay shall be exempt from the requirements of JCC 18.20.350(4)(a) (which requires a conditional use permit), but shall be subject to a Type II permit process.

(i) Rural recreational lodging or cabins for overnight rental and conference center/retreat facilities, when located within the SRT overlay, shall be exempt from the requirements of JCC 18.20.350(9)(f) (which requires a conditional use permit), but shall be subject to a Type II permit process.

(j) The maximum size provisions for rural recreational lodging or cabins for overnight rental, and conference center/retreat facilities, specified in JCC 18.20.350(9)(b), shall be amended as follows when such uses are located within the SRT overlay:

(i) Fifteen built cabins or bedrooms for overnight lodging comprising up to 7,500 square feet of gross floor area are allowed for up to every 10 acres of parcel area devoted to SRT use, or as allowed in JCC 18.20.350(9)(b), whichever is greater. A maximum of 30 rooms or cabins comprising no more than 12,000 square feet of total building area over the entire site, excluding a caretaker’s or manager’s residence, shall apply to rural recreational lodging uses in areas greater than 10 acres when located in the SRT overlay.

(ii) In projects involving both conference center/retreat facilities and lodging facilities, total building coverage shall not exceed the maximum impervious surface coverage allowed by Table 6-1 in JCC 18.30.050 for the underlying rural residential district and other requirements of this title, as applicable.

(iii) The administrator may also modify the maximum building size of the SRT use(s) allowed under this section based on the authority granted under JCC 18.20.350(3)(j).

(k) Rural restaurants, when located within the SRT overlay, shall be exempt from the provisions of JCC 18.20.350(10)(a) (which requires co-location with another primary SRT use).

(l) All SRT uses allowed within the SRT overlay shall be subject to all performance standards required pursuant to JCC 18.20.140, Commercial uses – Standards for site development, and the development standards contained in Chapter 18.30 JCC.

(m) The public notice requirements of the Type II permit process in Chapter 18.40 JCC shall be required to ensure that adjacent and surrounding property owners receive adequate and timely public notice and comment periods for proposed SRT uses within the SRT overlay district.

(n) During site plan review of proposed SRT uses within the SRT overlay, the administrator shall consider site and building design standards including, but not necessarily limited to, building material types, building mass and orientation, architectural treatment, and the use of existing vegetation and landscaping as means to ensure compatibility with the surrounding rural character. [Ord. 8-06 § 1]

Article VI-P. Small-Scale Business and Cottage Industry (SBCI) Overlay District

18.15.573 Small-scale business and cottage industry (SBCI) overlay district.

Repealed by Ord. 11-04. [Ord. 1-04 § 3 (Exh. C); Ord. 11-00 § 3.6.15]

Article VII. Subarea Plans

18.15.580 Brinnon Subarea Plan.

The Brinnon Subarea Plan is a chapter of the Jefferson County Comprehensive Plan that established policies and regulations specific to the Brinnon Planning Area (Planning Area No. 11). Unless modified by the Brinnon Subarea Plan, all other policies and regulations of the Comprehensive Plan and this Unified Development Code apply to project proposals in the Brinnon Planning Area. Brinnon Subarea Plan measures specific to the Brinnon Planning Area are incorporated into this code in the following subsections:

(1) Article VI of this chapter, Overlay Districts.

(a) Article VI-L of this chapter, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area (provisions for home business and cottage industry).

(b) JCC 18.15.572, Small-scale recreation and tourist (SRT) overlay district (provisions for SRT uses in the WaWa Point SRT overlay). [Ord. 8-06 § 1]

Article VIII. Major Industrial Development

18.15.600 Purpose and intent.

The purpose and intent of this article is to establish a process for reviewing and approving proposals to authorize siting of specific major industrial developments outside urban growth areas pursuant to RCW 36.70A.365 and the Jefferson County Comprehensive Plan. “Major industrial development” means a master planned location for a specific manufacturing, industrial, or commercial business that:

(1) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or

(2) Is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent.

The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks. [Ord. 8-06 § 1]

18.15.605 Application requirements and approval process.

Major industrial development applications shall be processed as Type III conditional use permits under this code, requiring an open record hearing before the hearing examiner. Additionally, a development agreement between the county and the applicant (and other parties, as necessary) is a mandatory element of a major industrial development application and shall be processed per Article XI of Chapter 18.40 JCC (Development Agreements). The open record public hearing before the hearing examiner shall, in an effort to consolidate the application review process, serve as the public hearing required before approval of a Type III permit and before adoption of a development agreement via ordinance or resolution. The development agreement shall not be adopted by the board of county commissioners until the hearing examiner approves the conditional use permit application. RCW 36.70A.365(3) states that final approval of a major industrial development shall be considered an adopted amendment to the Comprehensive Plan designating the major industrial development site on the Land Use Map as an urban growth area. If an application for a major industrial development in Jefferson County is approved as a conditional use by the hearing examiner, the conditional use approval in combination with the required board of county commissioners’ adoption of the development agreement via ordinance or resolution shall be considered “final approval,” the result of which shall amend the Comprehensive Plan Land Use Map. Final approval of an application for a major industrial development and the corresponding amendment to the Land Use Map shall not be considered an amendment to the Comprehensive Plan for the purposes of RCW 36.70A.130(2) and may be considered at any time. JCC 18.45.040, the standard process for amending the Comprehensive Plan, does not apply. [Ord. 8-06 § 1]

18.15.610 Approval criteria.

A major industrial development may be approved outside an urban growth area in Jefferson County under this section if the following criteria are met, in addition to other applicable regulations of this code not specifically referenced herein:

(1) The proposal must require for operation 40 or more acres, including acreage for required buffers;

(2) The proposal satisfies all the conditional use approval criteria listed in JCC 18.40.530;

(a) When reviewing the project’s “merit and value for the community as a whole,” per JCC 18.40.530(1)(j), consideration shall be given to the number of jobs created. The number of jobs per net acre of development, not including the required buffers, shall be typical for the type of industry proposed;

(b)  When analyzing the potential “negative effects” and “cumulative effects of similar actions in the area,” per JCC 18.40.530(1)(l), consideration shall be given to the number and relative locations of major industrial developments permitted in Jefferson County and their subsequent or anticipated impacts;

(3) A development agreement is included in the application pursuant to Article XI of Chapter 18.40 JCC (Development Agreements);

(4) New infrastructure is provided for and/or applicable impact fees are paid;

(5) Transit-oriented site planning and traffic demand management programs are approved and implemented and the general development standards related to traffic as contained in JCC 18.30.020(5) are met;

(6) Buffers are provided between the major industrial development and adjacent nonurban areas and managed according to an approved landscape plan, per JCC 18.30.130, Landscaping/screening, except that buffers for major industrial developments shall be 50 feet of Screen-B landscaping for road frontages and 100 feet of Screen-A landscaping for interior lot lines along any portion adjacent to a nonurban area, including rural residential districts and designated resource lands, except as may be varied by the administrator under JCC 18.30.130(2)(b);

(7) Bulk and dimensional standards for major industrial development urban growth areas are satisfied pursuant to Table 6-1 in JCC 18.30.050;

(8) Environmental protection including noise, air and water quality has been addressed and provided for, per requirements of this code (Article VI-D of Chapter 18.15 JCC (Environmentally Sensitive Areas District (ESA)) and other applicable sections) and other mitigative measures as appropriate through review under the State Environmental Policy Act per Chapter 43.21C RCW and Article X of Chapter 18.40 JCC, (State Environmental Policy Act (SEPA) Implementation);

(9) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands via interior lot lines buffers per subsection (3) of this section and other case- or site-specific measures as determined through State Environmental Policy Act review;

(10) The plan for the major industrial development is consistent with the provisions to protect environmentally sensitive areas as presented in Article VI-D of Chapter 18.15 JCC (Environmentally Sensitive Areas District (ESA));

(11) Appropriate and suitable measures are established for the environmental remediation and/or restoration of the site in the case of future abandonment of the industrial or commercial operation, as determined through environmental review of the application and commensurate with the impacts of the specific use permitted;

(12) If phasing of development (per JCC 18.15.625(1)) is contemplated by the applicant, the overall project plan, including general timelines for construction but illustrating building footprints and projected uses in lieu of design details to be submitted with future building permit applications, must be presented in the original application such that the overall plan is established through the conditional use permit and a development agreement; and

(13) For major industrial development applications made pursuant to JCC 18.15.600(1), the county has determined, and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area according to the current inventory of developable land within urban growth areas. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area. For applications under JCC 18.15.600(1) or (2), the county must also find that the proposal is appropriately defined as a major industrial development and should not be more appropriately categorized as some other type of land use application. The approving authority may use discretion in considering specific major industrial developments proposed for specific land use districts based on the nature of the proposed use and activity. [Ord. 8-06 § 1]

18.15.615 Conditional use requirements.

Major industrial developments shall comply with Article VIII of Chapter 18.40 JCC (Conditional Uses), including provisions on the use of the property before the final decision (JCC 18.40.550), the effective period of the permit and the expiration (JCC 18.40.560), modification to the permit (JCC 18.40.570), the validity of the permit when there is change in ownership of the land (JCC 18.40.580), permit suspension or revocation (JCC 18.40.590), and the requirement of an assurance device and/or additional conditions at county discretion (JCC 18.40.540 and 18.40.600). [Ord. 8-06 § 1]

18.15.620 Final approval.

Pursuant to RCW 36.70A.365(3), final approval of an application for a major industrial development shall be considered an adopted amendment to the Comprehensive Plan designating the major industrial development site on the Land Use Map as an urban growth area. The urban growth area associated with a major industrial development shall be a limited urban growth area intended for the specific major industrial development and not to absorb future population and other goals of mixed-use urban growth areas. A decision of approval by the hearing examiner regarding the conditional use permit, in combination with the board of county commissioners’ adoption via ordinance of the associated development agreement, shall be considered “final approval.” Final approval of an application for a major industrial development shall not be considered an amendment to the Comprehensive Plan for the purposes of RCW 36.70A.130(2) and may be considered at any time. [Ord. 8-06 § 1]

18.15.625 Phasing of development, expansion, future use of land, abandonment of site, and reverting to previous land use district.

(1) The county recognizes that economic and other considerations may necessitate that business plans for a major industrial development be characterized by phasing of development (i.e., a portion of the overall site plan is constructed first, followed at a later date by the next portion or rest of the site plan, depending on economic and other factors). The major industrial development urban growth area established in the original application process would delineate the overall site plan. For phasing of development to be approvable, the overall project plan, including general timelines for construction but illustrating building footprints and projected uses in lieu of design details to be submitted with future building permit applications, must be presented in the original application. Per JCC 18.40.560, the proponent must file for the building permits or other necessary permits associated with the first phase of the development within three years of the effective date of the conditional use permit, unless the permit approval provides for a greater period of time.

(2) Expansion of the major industrial development beyond the boundaries of the original site plan and established urban growth area would require the full permit approval process described in this section of the code.

(3) Future use of the land is determined and bound by the original application and development agreement. Per JCC 18.40.580, no other use is allowed without approval of an additional conditional use permit. A future application for a major industrial development that utilizes the same land area within the previously established urban growth area is approvable if the required code and statutory criteria are met. Final legislative approval following conditional use approval would be unnecessary in this case, as the urban growth area is already established on the Comprehensive Plan Land Use Map. If the dimensions of the urban growth area must be modified, that process would be undertaken pursuant to JCC 18.45.040.

(4) The owners of land zoned and used for major industrial development and/or the conditional use permittee and/or other entity as appropriate for particular circumstances shall be responsible for appropriate and suitable environmental remediation and/or restoration of the site in the case of abandonment of the industrial or commercial operation. The responsible part shall be identified in the development agreement and/or conditional use permit. The responsibility for appropriate and suitable environmental remediation and/or restoration will be determined through environmental review of the application and commensurate with the impacts of the specific use permitted. An environmental remediation and/or restoration plan shall be established in the development agreement and conditional use permit approval.

(5) Under certain circumstances, it may be deemed appropriate by the county that the major industrial development urban growth area, or a portion thereof, revert to the previous land use district, or in rare cases change to another land use district. A change to the Comprehensive Plan Land Use Map shall be considered as a Comprehensive Plan amendment application during the annual amendment cycle as governed in Chapter 18.45 JCC. [Ord. 8-06 § 1]

18.15.630 Urban growth in adjacent nonurban areas.

Chapter 36.70A RCW requires that development regulations are established to ensure that urban growth will not occur in nonurban areas adjacent to major industrial developments. Jefferson County rural land use districts are characterized by rural densities (i.e., one dwelling unit per five or more acres for rural residential and less dense for resource lands). In order to ensure that these controls remain effective, it should be noted that proximity to a major industrial development urban growth area or development or extension of infrastructure shall not provide a basis for a Comprehensive Plan amendment to change the land use district for property adjacent to a major industrial development to a land use district with greater development density or more intensive uses. [Ord. 8-06 § 1]

18.15.635 Re-authorization of article after initial period of implementation.

In order to ensure that the standards contained in this article, as applied to applications for major industrial developments, result in acceptable and desirable impacts to the physical and cultural landscape of Jefferson County, the county commissioners shall, upon the occurrence of five approved major industrial developments or the passage of five years from the date this section was adopted, whichever occurs first, hold a public hearing and take action to re-authorize, modify, suspend or delete this article. Any amendments for the UDC proposed by the county commissioners as a result of that public hearing shall be processed pursuant to Chapter 18.45 JCC. [Ord. 8-06 § 1]


1

Section 4 of Ord. 3-08 provides:

“Section 4: Agricultural Uses. Any existing agricultural uses occurring on lands designated as “AG” in JCC §18.15.020(1), to the extent such a use is regulated or governed by any provision of the existing CAO found at JCC 18.15, shall continue to be regulated and/or governed by the existing JCC 18.15 in order to comply with SSB 5248 enacted by the State Legislature, signed by the Governor and now found at Section 2 of Chapter 353 of the 2007 Session Laws. To comply with SSB 5248 between May 1, 2007 and July 1, 2010 local governments planning under GMA “may not amend or adopt CA Ordinances under RCW 36.70A.060(2) as they apply to agricultural activities.” Since this new Critical Areas Ordinance is being enacted during the time frame covered by SSB 5248, that law applies in the manner described above.”